West Sacramento City Council
June 7, 2023

CITY OF WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
JUNE 7, 2023 AGENDA
Martha Guerrero, Mayor
Quirina Orozco, Mayor Pro Tem
Norma Alcala, Council Member
Dawnté Early, Council Member
Verna Sulpizio Hull, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
7:00 PM Regular Meeting Call to Order
Pledge of Allegiance
Land Acknowledgment
The meeting will be held at City Hall, City Council Chambers, 1110 West Capitol Avenue, West Sacramento
GENERAL ADMINISTRATION FUNCTION – PART I

1. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE

JURISDICTION OF THE COUNCIL
The Council is prohibited from discussing issues not on the agenda brought to them at this time.

According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action.

PRESENTATIONS

2. City Manager's Office
PRESENTATION OF PROCLAMATION RECOGNIZING JUNE 2023 AS PRIDE MONTH

CONSENT AGENDA

3. Capital Projects
CONSIDERATION OF RESOLUTION 23-53 AMENDING THE CAPITAL IMPROVEMENT

PROGRAM (CIP) BUDGET FOR THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM UPGRADE PROJECT (CIP 22024)
Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 23-53 approving an amendment to the Capital Improvement Program (CIP) budget for the Supervisory Control and Data Acquisition (SCADA) System Upgrade project (CIP 22024) Anyone wishing to address the Council, or any agenda item, may fill out the Request to Speak card and present it to the City Clerk prior to the completion of staff presentation. Items on the Consent Agenda will be considered in one motion and the Request to Speak card should be turned in prior to the first item on Consent.
1 Recommendation: Staff respectfully recommends that the City Council: (1) Find that the Supervisory Control and Data Acquisition (SCADA) project is exempt from CEQA analysis under California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15301 and that the Class 1 Categorical Exemption (interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances) determination represents the independent judgment of the City; and (2) Adopt Resolution 23-53 approving an amendment to the Capital Improvement Program budget for the Supervisory Control and Data Acquisition (SCADA) System Upgrade project by transferring funds from a lower priority project.

4. Capital Projects
CONSIDERATION OF RESOLUTION 23-54 AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE RAW WATER INTAKE PROJECT (CIP 21034) Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 23-54 approving an amendment to the Capital Improvement Program (CIP) budget for the Raw Water Intake Project (CIP 21034) for additional work at the City of West Sacramento George Kristoff Water Treatment Plant.

Recommendation: Staff respectfully recommends that the City Council: (1) Find that the Raw Water Intake Project (CIP 21034) is exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301(d) (Existing Facilities); and (2) Adopt Resolution 23- 54 approving an amendment to the Capital Improvement Program budget for the Raw Water Intake Project (CIP 21034) by transferring funds from lower priority projects to the Raw Water Intake Project.

5. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT NO. 2 WITH TEICHERT CONSTRUCTION FOR THE 5TH STREET WATER MAIN REPLACEMENT PROJECT (CIP 21043)(CIP 21043) AND APPROVAL OF CONTRACT AMENDMENT NO. 2 WITH GHIRARDELLI ASSOCIATES FOR THE RIVERFRONT STREET EXTENSION (CIP 15032) AND 5TH STREET WATER MAIN REPLACEMENT PROJECT (CIP 21043)
Objective: The objective of this report is to provide the City Council with sufficient information to consider approval of Contract Amendment No. 2 for the construction contract with Teichert Construction for the 5th Street Water Main Replacement project (CIP 21043) and approval of Amendment No. 2 to the construction management contract with Ghirardelli Associates for the Riverfront Extension project (CIP 15032) & 5th Street Water Main Replacement project (CIP 21043).

Recommendation: Staff respectfully recommends that the City Council: (1) Approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the construction contract with Teichert Construction in the amount of $460,960.00 for the 5th Street Water Main Replacement project (CIP 21043); (2) Authorize the City Manager, or his designee, to execute amendments or change orders up to 10% of the contract amendment amount ($46,096.00); (3) Approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the construction management contract with Ghirardelli Associates in the amount of $226,774.18 for the Riverfront Extension (CIP 15032) & 5th Street Water Main Replacement project (CIP 21043); and (4) Authorize the City Manager or his designee to execute amendments or change orders up to 10% of the contract amendment amount ($12,679.97).

6. Community Development
CONSIDERATION OF APPROVAL OF A 1-YEAR CONTRACT RENEWAL WITH NOMAD

TRANSIT LLC EXTENDING THE WEST SACRAMENTO ON-DEMAND RIDESHARE PROGRAM THROUGH FISCAL YEAR 2023-24 AND RESOLUTION 23-42 ALLOCATING UP TO $3,102,730 TO SUPPORT OPERATIONS THROUGH FISCAL YEAR 2023-24
2 Objective: The purpose of this report is to request City Council approval of Amendment No. 5 to the amended and restated contract with NoMad Transit LLC to extend the On-Demand Rideshare service through June 30, 20243 and to establish the schedule of fees for fiscal year 2023-24 operations. Staff is requesting approval of Resolution 23-42 allocating up to $3,102,730 in Transportation Development Act funding and authorizing use of $150,000 in collected Fiscal Year 2022-23 rideshare revenues to support continued rideshare operations through FY 2023-24.

Recommendation: Staff respectfully recommends that the City Council: (1) Find approval of Amendment No. 5 to the Amended & Restated Contract with NoMad Transit LLC exempt from the California Environmental Quality Act (CEQA) under the General Rule exception provided for by Section §15061(b)(3); (2) Approve and authorize the City Manager, or designee, to execute Amendment No. 5 to the Amended & Restated Contract with NoMad Transit LLC, extending operations of the West Sacramento On-Demand Rideshare program through June 30, 2024 and establishing the schedule of fees for fiscal year 2023-24; and (3) Approve Resolution 23-42 allocating up to $3,102,730 from the Transportation Development Act and authorizing the use of FY 2022-23 rideshare revenues estimated at $150,000 towards the funding of the FY 2023-24 Via Rideshare program operations.

7. Community Development
CONSIDERATION OF CONTRACT AMENDMENT NO. 1 WITH ASCENT ENVIRONMENTAL, INC. FOR THE UPDATE TO THE WASHINGTON SPECIFIC PLAN
Objective: The objective of this report is to provide the City Council with sufficient information to approve Amendment No. 1 with Ascent Environmental, Inc. (Ascent) to include Walker Consultants (Walker) and Economic & Planning Systems (EPS) as subconsultants for the update to the Washington Specific Plan (WSP) and delegate authority to the City Manager to execute the contract amendment and any contract extensions.

Recommendation: Staff respectfully recommends that the City Council: 1) Approve contract amendment 1 with Ascent Environmental, Inc. (Ascent) to include Walker Consultants (Walker) and Economic & Planning Systems (EPS) as subconsultants for the update to the Washington Specific Plan (WSP); and 2) Delegate authority to the City Manager to execute the contract amendment and any contract extensions.

8. Community Development
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-7

PERTAINING TO AN AMENDMENT TO THE TERM OF THE RIVER PARK DEVELOPMENT

AGREEMENT
Objective: The purpose of this item is for City Council to adopt Ordinance 23-7 to effectuate an amendment to the term of the existing Development Agreement between Sun M Capital, LLC and the City of West Sacramento for the River Park project to extend the term of the Agreement by one year.

Recommendation: Staff respectfully recommends that the City Council: (1) Find that the amendment to the term of the existing River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and (2) Waive second reading and adopt Ordinance 23-7 amending the term of the River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento.

9. Community Development

CONSIDERATION OF FLOOD PROTECTION IN-LIEU FEE INDEXING DATE ADJUSTMENT 3 Objective: This item requests the Council’s consideration to modify the month of the Engineering News Record Construction Cost Index (ENR CCI) to which the Flood Protection In-lieu Fee is adjusted.

Recommendation: Staff respectfully recommends that the City Council: (1) Adopt Resolution 23- 38 Adjusting the Flood Protection In-Lieu Fee Indexing Date; and (2) Direct staff to adjust Flood Protection In-Lieu Impact fees using July instead of December as the Engineering News Record Construction Cost Index.

10. Parks & Recreation

CONSIDERATION OF APPROVAL OF CONTRACT WITH STUDIO KLY LLC FOR THE FIRE STATION 41 BENCH PUBLIC ART INSTALLATION PROJECT
Objective: The objective of this report is to provide the Council with the necessary information to approve the contract with Studio KLY LLC, for the West Sacramento Fire Station 41 Bench Public Art Installation Project.

Recommendation: Staff respectfully recommends that the City Council authorize the City Manager or designee to execute a contract with Studio KLY LLC for the Fire Station 41 Bench Public Art Installation Project in an amount not to exceed $42,000 in the form substantively attached.

11. Police

CONSIDERATION OF OBJECTION TO ABC LICENSE CONDITION REMOVAL OR MODIFICATION FOR KWIK MART LOCATED AT 1648 WEST CAPITOL AVENUE Objective: The objective of this report is to obtain City Council approval of an objection to a petition for removal or modification of ABC license conditions for Kwik Mart located at 1648 West Capitol Avenue.

Recommendation: It is respectfully recommended that the City Council authorize the Mayor to sign a letter to the California Department of Alcoholic Beverage Control objecting to the Kwik Mart owner's petition for removal or modification of ABC license conditions based upon crime statistics surrounding Kwik Mart located at 1648 West Capitol Avenue.

12. Public Works

CONSIDERATION OF PURCHASE OF A VARIABLE FREQUENCY DRIVE AT BRIDGEWAY LAKES PUMP STATION USING CIP 21007 (MAJOR WATER SYSTEMS REPAIRS) Objective: The objective of this report is to request Council approval to purchase a Variable Frequency Drive (VFD) for a High Service Pump (HSP) at the Bridgeway Lakes pump station.

Recommendation: Staff respectfully recommends that the City Council: (1) Find that the purchase, removal and replacement of a variable frequency drive is exempt from the California Environmental Quality Act (CEQA) under the General Rule exemption provided for in the CEQA Guidelines Section § 15061(b)(3); and (2) Authorize the use of CIP 21007 for Major Water System Repairs in the amount of $70,000 for the removal and replacement of the variable frequency drive for a high service pump at the Bridgeway Lakes Pump Station.

13. Finance
CONSIDERATION OF THE TREASURER’S QUARTERLY FINANCIAL REPORT ON THE CITY’S INVESTMENT PORTFOLIO FOR THE PERIOD ENDING MARCH 31, 2023 AND ANNUAL UPDATES TO THE CITY’S INVESTMENT POLICY
4 Objective: The purpose of this report is to provide the City Council with the treasurer’s quarterly report on the City’s investment portfolio for the quarter ending March 31, 2023 as outlined by the Government Code 53646(b) (1) and to propose updates to the City’s Investment Policy consistent with applicable Government Code.

Recommendation: Staff respectfully recommends that the City Council receive and file the Treasurer’s Quarterly Financial Report on the City’s investment portfolio for the period ending March 31, 2023, and approve the recommended changes to the City’s investment policy.

14. Finance
CONSIDERATION OF RESOLUTION 23-19 AUTHORIZING THE COLLECTION OF SPECIAL

TAX ON THE SECURED ROLL IN THE SAME MANNER AS THE ORDINARY AD VALOREM

PROPERTY TAXES FOR EXISTING COMMUNITY FACILITY DISTRICTS FOR AUTHORIZED

CAPITAL FACILITY CONSTRUCTION PURPOSES
Objective: The purpose of this action is to collect a special tax associated with Community Facility Districts (CFDs) previously established by the City to fund capital improvements and make debt service payments on outstanding bond debt, and to have these taxes placed on the Yolo County secured property tax bill.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-19 authorizing the collection of a special tax and the placing of these taxes on the secured tax roll to be collected in the same manner as the ordinary ad valorem property taxes. Furthermore, the actions recognize that the collection of taxes will be used to pay outstanding bond debt and other purposes previously authorized by the City.

15. Finance
CONSIDERATION OF RESOLUTION 23-46 AUTHORIZING THE COLLECTION OF SPECIAL

TAX ON THE SECURED TAX ROLL IN THE SAME MANNER AS THE ORDINARY AD

VALOREM PROPERTY TAXES IN ORDER TO PAY FOR CERTAIN MAINTENANCE SERVICES Objective: The purpose of this action is to collect special tax to pay for certain existing Community Facility District (CFD) maintenance services and to have these taxes placed on the Yolo County secured property tax bill.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-46 authorizing the collection of special tax to pay for certain Community Facility District maintenance services on the secured tax roll in the same manner as the ordinary ad valorem property taxes.

16. Finance
CONSIDERATION OF RESOLUTION 23-47 INITIATING THE LEVY OF ANNUAL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1 Objective: The objective of this report is to provide sufficient information to Council to adopt Resolution 23-47 initiating the levy of annual assessments for Landscaping and Lighting District #1.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-47, a Resolution of Intention initiating the levy of annual assessments for the Landscaping and Lighting District No. 1 and establish the date of July 19, 2023 for a public hearing under the Landscaping and Lighting Act of 1972.

17. Finance
5 CONSIDERATION OF RESOLUTION 23-48 INITIATING ANNUAL PROCEEDINGS UNDER THE STORM DRAIN MAINTENANCE ACT OF 1937 FOR STORM DRAIN MAINTENANCE DISTRICT NO. 1 (RALEY’S LANDING)
Objective: The objective of this report is to provide sufficient information to Council to adopt Resolution 23-48 initiating annual proceedings under the Storm Drain Maintenance Act of 1937 for Storm Drain Maintenance District # 1, Raley’s Landing.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-48 initiating annual proceedings and establishing the date of July 19, 2023 for a public hearing to be conducted under the Storm Drain Maintenance District Act of 1937 (the “1937 Act”) for Storm Drain Maintenance District No. 1 (Raley’s Landing).

PUBLIC HEARINGS
None

REGULAR AGENDA
None
GENERAL ADMINISTRATION FUNCTION – PART II

18. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee --------------------------------------------Guerrero, Alternate - Early City/County 2x2 ----------------------------------------------------Guerrero/Orozco, Alternate – Sulpizio Hull City/School 2x2 ------------------------------------------------------Guerrero/Sulpizio Hull, Alternate - Alcala Executive Commission to Address Homelessness --------------------Sulpizio Hull, Alternate - Orozco EIFD Public Financing Authority----------------------------------------------------Vacant, Alternate - Vacant League of California Cities --------------------------------------------------- Alcala, Alternate – Sulpizio Hull Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Guerrero, Early, Sulpizio Hull Remote Access Network ------------------------------------------------------------------------------------Guerrero River City Regional Stadium Financing Authority------------------------------------------Guerrero, Orozco Sacramento Area Council of Governments (SACOG) ------------------------Guerrero; Alternate - Early Sacramento Regional County Sanitation District Board --------------Orozco; Alternate - Sulpizio Hull Water Resources Association --------------------------------------------------Sulpizio Hull; Alternate - Early West Sacramento Area Flood Control Agency JPA ----------------------------Alcala; Alternate - Orozco Yolo County Housing Authority-------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Transportation District -----------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Habitat Conservancy ------------------------------------------------------------------------------Sulpizio Hull Yolo-Solano Air Quality Management District ----------------------------Alcala; Alternate – Sulpizio Hull Yolo Subbasin Sustainable Groundwater Agency------------------------------------------------Sulpizio Hull

COUNCIL INTERMEDIARY REPRESENTATIVES
Delta Protection Commission -------------------------------------------------------Vacant; Alternate - Vacant New Hope Community Development Corporation---------------------------------Early; Alternate - Alcala Yolo County Consolidated Redevelopment Successor Agency Oversight Board--------Sulpizio Hull

19. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS

20. PART II
6 A. Council Calendar
B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the June 7, 2023 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted June 2, 2023 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review.

NOTE: If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

The agenda and agenda reports are also available on the City’s website at www.cityofwestsacramento.org City Council meetings are broadcast live on Wave Cable Channel 20 and rerun the next day at 12:00 PM and the following Saturday at 6:00 PM.

All public materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are also made available for public inspection on the City’s website at:
www.cityofwestsacramento.org. Any document provided at the meeting by staff or by the public will be provided by the City Clerk upon request by phone at (916) 617-4500, or by email at: [email protected].

If you need assistance to participate in this meeting, please contact the City Clerk’s Office at 916-617- 4500 or [email protected]. Notify the City Clerk’s Office at least 48 hours prior to the meeting will assist staff in assuring reasonable arrangements can be made to provide accessibility to the meeting. Assisted listening devices are available at this meeting. 7 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 2
SUBJECT:

PRESENTATION OF PROCLAMATION RECOGNIZING
JUNE 2023 AS PRIDE MONTH
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Meaghan Stiles, Program Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this is to formally support the principle of equal rights for all people which includes Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, Intersexual, Asexual, Ally, and other sexual and gender minority (LGBTQIA+) members of our community in recognizing June 2023 as Pride Month.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing June 2023 as Pride Month and approve the flying of the Rainbow Flag at City Hall for the month of June 2023.

BACKGROUND
Each year, the month of June is designated Pride Month to commemorate the Stonewall riots, which occurred in June of 1969 and are generally recognized as the catalyst of the LGBTQIA+ Rights Movement.

During Pride month, the LGBTQIA+ communities come together and celebrate the freedom to be themselves.

Pride gatherings are rooted in the arduous history of minority groups who have struggled for decades to overcome prejudice and be accepted for who they are. Celebrations include pride parades, political marches, block parties, educational panels and memorials to those who have been lost to hate crimes or HIV/AIDS.

Cities throughout California including West Sacramento, have been leaders in advancing the civil rights of its LGBTQIA+ citizens. Many of the residents, students, employees, and business owners within the City of West Sacramento who contribute greatly to the enrichment of our City, are a part of the LGBTQIA+ community.

ANALYSIS
Members of City of West Sacramento leadership, elected officials and community members celebrate Pride Month through participation in a number of initiatives and events that have included the Sacramento Pride March and Pride Night at River Cats Stadium.

West Sacramento is strengthened by and thrives upon the rich diversity of ethnic, cultural, racial, gender and sexual identities of its residents; all of which contribute to the vibrant character of our City. West Sacramento has and is committed to being an inclusive and welcoming community for all, including the LGBTQIA+ community.

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 8
Proclamation Pride Month
June 7, 2023

ATTACHMENT

1. Proclamation
9 PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL
DESIGNATING JUNE 2023 AS PRIDE MONTH
WHEREAS, the City of West Sacramento and LGBTQIA+ community members support the rights of every citizen to experience equality and freedom from discrimination; and WHEREAS, all people regardless of age, gender identity, race, color, religion, marital status, national origin, sexual orientation, or physical challenges have the right to be treated on the basis of their intrinsic value as human beings; and
WHEREAS, the City of West Sacramento accepts and welcomes people of diverse backgrounds and believes a diverse population leads to a more vibrant community; and WHEREAS, the Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, Intersexual, Asexual, Ally (LGBTQIA+) communities contribute to the cultural, civic, and economic successes of the City West Sacramento; and
WHEREAS, the City of West Sacramento envisions a world where every member of the LGBTQIA+ family has the freedom to live their truth without fear, and with equality under the law; and
WHEREAS, while we as a society at large are slowly embracing new definitions of sexuality and gender we must also acknowledge that the need for education and awareness remains vital to end discrimination and prejudice; and
WHEREAS, to acknowledge the efforts to bring awareness to the continuing evolution to the Pride movement, the City of West Sacramento will display the Rainbow Flag, representing light, healing, sun, calmness, art and spirit, in front of City Hall for the month of June.

NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the West Sacramento City Council that June 2023 be designated as Pride Month in the City of West Sacramento and that our residents be encouraged to reflect on the ongoing struggle for equality members of the LGBTQ community face and celebrate their contributions that enhance our city.

PROCLAIMED THIS 7th day of June, 2023
ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
10 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 3
SUBJECT:

CONSIDERATION OF RESOLUTION 23-53 AMENDING THE CAPITAL IMPROVEMENT

PROGRAM (CIP) BUDGET FOR THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM UPGRADES PROJECT (CIP 22024) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Inambao Lifanu, Project Manager
Capital Projects Department
Chris Kania, Water Treatment Superintendent
Public Works Operations & Maintenance
Department
[ ] Council [X] Staff
[ ] Other
ATTACHMENT [X ] Yes [ ] No [ ] Information [ ] Direction [X ] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to adopt Resolution 23-53 approving an amendment to the Capital Improvement Program (CIP) budget for the Supervisory Control and Data Acquisition (SCADA) System Upgrade project (CIP 22024).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the Supervisory Control and Data Acquisition (SCADA) project is exempt from CEQA analysis under California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15301 and that the Class 1 Categorical Exemption (interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances) determination represents the independent judgment of the City; and
2) Adopt Resolution 23-53 approving an amendment to the Capital Improvement Program (CIP) budget for the Supervisory Control and Data Acquisition (SCADA) System Upgrade project by transferring funds from a lower priority project.

BACKGROUND
The City owns, maintains, and operates the George Kristoff WTP, seven (7) reservoirs and pump stations, one (1) Booster station, fourteen (14) sewer stations and eight (8) storm stations. These sites contain various combinations of equipment, pumps, processes, water storage, chemical storage, control valves, monitoring and instrumentation. All sites are networked together using the City's existing Supervisory Control and Data Acquisition (SCADA) system to allow the City's Operations staff to continuously monitor and control water treatment and distribution, as well as sewer and storm facilities. The existing SCADA system has become obsolete and is no longer supported by its manufacturer, necessitating the City upgrade the existing SCADA system. Selection and purchase of a Human Machine Interface (HMI) software and integrator is necessary to develop user graphics, control logic, interfaces, and networking capabilities for the SCADA system. The development of this software will also provide City staff enhanced abilities to monitor and control automated water, sewer and storm facilities while allowing for increased system security, cyber security, and the use of modern communications and technological components.

In February 2018 an advertisement was issued to address the demands of the water utility operations and state of functionality of the existing system, including challenges in operations and maintenance, as well as upgrade of the existing SCADA system.

On March 7, 2018, an RFP was issued to solicit proposals from consultants that would qualify to meet the project need based on experience, proposed material and services, project approach and method.

On March 21, 2018, six (6) proposals were received and evaluated based on the set criteria and Wonderware California was deemed to be most qualified to provide the City the best quality equipment, integration, training, warranty and software solution.

On December 19, 2018, Wonderware California was awarded the contract by the City Council. At the start of the project, Wonderware California exhibited professionalism, and provided a project schedule that communicated progress.
11 TESCO Controls Inc.

June 7, 2023

On April 16, 2021, a Notice of Non-Performance was issued following a host of complaints and deficiencies involving the integration of the new SCADA system. The project encountered multiple delays, excessive use of City Staff time, delivery of graphics and interface equipment different from what was requested, failure to provide programming and logic consistent with current application, and lack of responsiveness to concerns that were communicated. It was determined that Wonderware California was incapable of meeting the needs of the City as specified in the proposal, and hence was issued a Notice of Non-Performance which they eventually accepted.

On November 10, 2021, City staff met with Wonderware California staff to resolve all differences and the parties agreed to terminate the contract. Wonderware California has since provided a summary of all accounting for outstanding work and equipment, and returned all equipment purchased under contract including passwords and warranty information per contract. The City and Wonderware California further proceeded to withdraw any and all obligations on account of the project. Per Public Works Code PWC 5106, the City found that Wonderware California failed to execute the contract of December 18, 2018, and therefore found it in the best interest of the City to award the contract to the second lowest bidder.

On January 5, 2022, TESCO Instruments, the second lowest bidder, performed a physical assessment of the SCADA Upgrade project, and evaluated the status of the project and what would be required to achieve the City expectations.

On January 19, 2022, TESCO Instruments submitted a proposal with the understanding the project would implement a new SCADA system in all City facilities noted in the RFP. The proposal included movement away from the existing iFIX software application to a new software which would modernize and replace the existing SCADA to align with the City’s vision of system wide upgrades, and implement improvements that would highlight simplicity, standardization, modernization, enhanced functionality, increased reliability, redundancy of critical points, and improvement of the overall user experience. The scope of the project would maintain the original components of the SCADA upgrade to include new installations where not included in the original SCADA, optimize data communications by expanding network capabilities, add redundancy and account for the needed capacity and scalability to accommodate City growth and the addition of future facilities.

On March 8, 2022, TESCO Instruments was awarded a construction contract for $1,400,000.

To date TESCO Instruments has completed Programming Logic Control (PLC) upgrades at the remote sites.

Remaining work includes evaluation of the existing Radio & Video Surveillance system, including virtualization of the core SCADA system infrastructure to help improve overall system maintenance, disaster recovery techniques, seamless expansion capabilities for future growth, and comprehensive system documentation that will be centralized to all key stakeholders.

During the course of construction, it was found more feasible to address the upgrade of the PLC hardware on the filter system through its proprietor, Leopold Xylem Systems, who agreed to provide the software side of the upgrade with TESCO deploying the hardware. Xylem would also be part of the startup to ensure the proper filter functionality. Additionally, the upgrade of the PLC filters would be addressed by their proprietor US Filters Corp., who would guarantee their software programming, product quality and functionality, while TESCO provides the hardware, technical and instrumentational support on the connectivity to the SCADA System.

The above constitutes the additional work so far that TESCO Instruments has identified as critical to the integration of the City’s equipment with the SCADA system. With this integration, operators can view activity at the various sites, control operations and collect data for more efficient servicing of equipment for the ultimate water quality and distribution.

ANALYSIS
TESCO Instruments Inc. was selected to upgrade the SCADA system, making them the integrator for the project which includes upgrading two systems at the Water Treatment Plant installed as package systems during the plant construction in 2002. TESCO is providing the hardware for the Leopold Filter System and the US Filter Actiflo System. During the course of the project, TESCO stated they were not comfortable handling the installation of the hardware and the programing of the software given that the original equipment is proprietary.

Therefore, staff obtained a quote to complete the installation and the programming. A quote came in and it was less than the $50,000 and therefore and falls withing the threshold of authority of the City Manager. However, additional funds are needed for this additional work and other miscellaneous items necessary to complete the project. Staff is recommending that $100,000 be transferred to this project from CIP 22015, Seismic Analysis of Reservoirs and Pump Stations, a lower priority project in the Capital Improvement Program (CIP). 12 TESCO Controls Inc.

June 7, 2023

Environmental Considerations
The California Environmental Quality Act (CEQA) Title 14, Chapter 3, Article 19 is the section that defines what projects or categories are allowed to be considered Categorically Exempt. Under section 15301 Class 1, operations such as repair, maintenance or minor alteration of existing public structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination are considered exempt from CEQA. The SCADA Upgrades project falls within the following Class 1 Categorical Exemption: Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.

Commission Recommendation
The SCADA Upgrades was presented to the Environment and Utilities Commission at the December 10, 2018, meeting and the Commission voted unanimously to recommend that the City Council consider approval and award of a contract.

Strategic Plan Integration
N/A.

Alternatives
The City Council may decide to:
1) Approve the recommended actions as stated above; or
2) Modify the recommended action; or
3) Deny the recommended action or cancel the project.

Staff recommends Alternative 1 as the most efficient way to keep moving on this important project.

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

Budget/Cost Impact
As stated above, staff has identified one (1) lower priority projects whose funds can be used to complete this additional work for the SCADA System Upgrade. Staff is recommending that $100,000 be transferred to the SCADA project, CIP 22024, from CIP 22015, Seismic Analysis of Reservoirs and Pump Stations.

ATTACHMENTS
a) Resolution 23-53
13 RESOLUTION 23-53

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

AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE SCADA SYSTEM UPGRADE PROJECT (CIP 22024)
WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Years 2018/19; and
WHEREAS, the Capital Improvement Program (CIP) budget for the Upgrade of the Supervisory Control and Data Acquisition (SCADA) (CIP 22024) was approved by Council on December 19, 2018; and
WHEREAS, the current CIP project for the upgrade of the existing SCADA System includes implementation of improvements that highlight simplicity, standardization, modernization, enhanced functionality, increased reliability, redundancy of critical points, and improvement of the overall user experience; and
WHEREAS, to date, project upgrades at 25 remote sites and stations have been completed, including existing sewage collection stations (14), existing stormwater stations (3), and existing water distribution stations (8); and
WHEREAS, the project continues to progress with remaining work still to be completed including radio and surveillance system evaluation, SCADA software system upgrades, startup and commissioning and training;
WHEREAS, additional work is required to complete the programming of preexisting Leopold and Actiflo Systems by the proprietary vendors while TESCO has agreed to supply the hardware; and
WHEREAS, based on additional TESCO scope plus contingencies, City staff is requesting and recommending an additional budget appropriation of $100,000 for this project, comprised of $100,000 of remaining funds from the Seismic Analysis of Reservoirs and Pump Stations (22015); and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1) The City Council hereby approves amendments to the Capital Improvement Program for Fiscal Year 2022/23 as listed below:

SOURCES
$100,000 507-9620-5530/507-22015-5800 Seismic Analysis of Reservoirs and Pump Station
$100,000 TOTAL SOURCES
USES
$100,000 507-9621-5530/507-22024-5800 SCADA System Upgrade project $100,000 TOTAL SOURCES
*Note: Interfund Transfers are not included in total sources and uses to avoid duplication of total costs.
14 Resolution 23-53

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 7th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
15 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 4
SUBJECT:

CONSIDERATION OF RESOLUTION 23-54 AMENDING THE CAPITAL IMPROVEMENT

PROGRAM (CIP) BUDGET FOR THE RAW WATER INTAKE PROJECT
(CIP 21034)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Inambao Lifanu, Project Manager
Capital Projects Department

[ ] Council [X] Staff
[ ] Other
Chris Kania, Water Treatment Superintendent
Public Works Operations and Maintenance
Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to adopt Resolution 23-54 approving an amendment to the Capital Improvement Program (CIP) budget for the Raw Water Intake Project (CIP 21034) for additional work at the City of West Sacramento George Kristoff Water Treatment Plant.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the Raw Water Intake Project (CIP 21034) is exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301(d) (Existing Facilities); and 2) Adopt Resolution 23-54 approving an amendment to the Capital Improvement Program budget for the Raw Water Intake Project (CIP 21034) transferring funds from lower priority projects to the Raw Water Intake Project.

BACKGROUND
The Capital Improvement Program (CIP) budget for the rehabilitation of the Raw Water Intake Pumps was approved by the City Council on September 18, 2019.

On December 8, 2021, City Council approved contract amendment 2 of the Raw Water Electrical system which addressed the electrical upgrades, purchase and installation of new soft start, fast start, VFDs, breakers, cabinets and other electrical equipment to complete the Raw Water Intake Project upgrades. As of March 2023, these upgrades were complete with all six (6) pumps and six (6) motors fully operational and efficient and easy to use electrical system per proposed intent.

Upon project completion and final testing it was discovered that of all the electrical components that were replaced, the main electric breaker was overlooked, despite being aged and of critical value to the entire operation. It was, therefore, recommended to replace the breaker to ensure all electrical units are compatible and in synchronization. The additional work will consist of the purchase and installation of the surge protector and all associated component upgrades and labor cost. This work will reduce the risk of failure and damage to the new electrical system.

ANALYSIS
Industrial Electrical Company Inc. (IEC) was selected to furnish and install new Allen Bradley electrical cabinets, materials, and wiring for the upgrade of Raw water Pump controllers. The scope included three (3) new VFD's cabinets for pumps 1, 3, and 5, three (3) new soft start cabinets for pumps 2, 4, and 6, and complete electrical assembly to the connection of 125HP 480-volt motor. As of March 2023, the electrical upgrade was complete and the entire Raw Water Intake System is fully functional with the required modifications and upgrades.

As is common with aged infrastructure, the breaker, surge protector and power quality meter were found to be items that should be addressed, as they are the capstone parts and pieces that will ensure reliability and ease of monitoring of the new system. The project is currently complete, and it will be more cost effective to add this work now rather than later, as it will save on the cost of mobilization and product pricing which may later increase.

This project is currently delivering more efficient electrical capabilities of the Raw Water Infrastructure including the recent soft start and VFD configurations of independent silos making new equipment easier to maintain. 16 Raw Water Intake Rehabilitation Project - Industrial Electrical Company June 7, 2023

Price quotations were received for the breakers; however, Industrial Electric is unable to supply new equipment which led the staff to recommend purchasing the equipment and installing it. The City will purchase the parts and material and find a reasonable service agreement to install the parts within the project budget appropriation.

Environmental Considerations
The proposed extra work to complete the electrical work for the Raw Water Intake is exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301(d) (Existing Facilities), as it involves the replacement and addition of existing equipment with no expansion of existing equipment and with no expansion of existing use.

Commission Recommendation
Not applicable.

Strategic Plan Integration
n/a
Alternatives
The City Council may decide to:
1) Approve the recommended actions in this report;
2) Modify or delay the recommended actions; or
3) Reject the recommended actions and return to staff.

Staff recommends Alternative 1 as the best way to ensure equipment protection and give the City the maximum allowable water delivery option to the George Kristoff Water Treatment Plant for processing the City’s water needs and save the City future dollars by completing work in this current CIP Project. The project is currently in progress and it will be more cost effective to the City to complete the updates now rather than later, as it will save on the cost of mobilization and product pricing which may later increase.

Coordination and Review
This report was prepared by the Capital Projects Department with extensive input from the Public Works Operations and Maintenance Department and the Finance Department.

Budget/Cost Impact
The budget/cost impact for purchase and installation plus contingencies of this extra work for the Raw Water Rehabilitation Project is funded by the amendment to the CIP transferring funds from a lower priority project to the Raw Water Intake CIP.

Staff has identified one (1) lower priority project whose funds can be used to complete this additional work at the Raw Water Intake Project. The Seismic Analysis of Reservoirs and Pump Stations Project (22015) has $150,000 appropriated that may be used to complete the Raw Water Intake Rehabilitation Project.

The total proposed funds to be transferred into the project appropriation is $50,000. This transfer is intended to cover the purchase and install cost of the breaker, surge suppression and digital meter and associated labor.

This development came about during the course of work and the scope of the additional findings were not included in the previous contract and amendments.

ATTACHMENTS
1) Resolution 23-54
17 Attachment 1
RESOLUTION 23-54

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

AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE RAW WATER INTAKE REHABILITATION PROJECT (CIP 21034)
WHEREAS, the Capital Improvement Project (CIP) budget for the Rehabilitation of the Raw Water Intake Pumps was approved by Council on September 18, 2019; and WHEREAS, the current Capital Improvement Project for the rehabilitation of the existing Intake structure included electrical upgrades and installation of line and load reactors; and WHEREAS, to date, all mechanical rehabilitation work has been completed including, upgrades, rebuilding and installation of the five (5) pumps and motors, purchase and installation of a new vertical pump, flanges, gaskets and fasteners, repair of actuator and installation of knife vales; and
WHEREAS, remaining electrical work has also been completed including furnishing and installation of new Allen Bradley electrical cabinets, materials, and wiring for the Pump controllers as well as three (3) new VFD's cabinets for pumps 1, 3, and 5, three (3) new soft start cabinets for pumps 2, 4, and 6, plus installation of line and load reactors; and WHEREAS, upon completion of the project it was brought to the City’s attention that the current power breaker, surge protector and power quality meter needed to be replaced to ensure safe power distribution and compatibility with the newly upgraded equipment; and WHEREAS, based on the recommended additional work plus contingencies, City staff is recommending and requesting an additional budget appropriation of $50,000 for this project, to be transferred from a lower priority project, Seismic Analysis of Reservoirs and Pump Station Project (22015); and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1) The City Council hereby approves amendments to the Capital Improvement Program for Fiscal Year 2022/23 as listed below:

SOURCES
$50,000 507-9620-5530/507-22015-5800 Seismic Analysis of Reservoirs & Pump Stns $50,000 TOTAL SOURCES
USES
$50,000 507-9621-5530/507-21034-5800 Raw Water Intake Rehab Project $50,000 TOTAL SOURCES
*Note: Interfund Transfers are not included in total sources and uses to avoid duplication of total costs.
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.
18 Resolution 23-54

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

PASSED AND ADOPTED by the West Sacramento City Council this 7th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 5
SUBJECT:

CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT NO. 2 WITH TEICHERT CONSTRUCTION FOR THE 5TH STREET WATER MAIN REPLACEMENT PROJECT (CIP 21043) AND APPROVAL OF CONTRACT AMENDMENT NO. 2 WITH GHIRARDELLI ASSOCIATES FOR THE RIVERFRONT STREET EXTENSION (CIP 15032) AND 5TH STREET WATER MAIN REPLACEMENT PROJECT (CIP 21043)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Ryan Teves, Senior Civil Engineer
Christian Asuncion, Associate Civil 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 to consider approval of Contract Amendment No. 2 for the construction contract with Teichert Construction for the 5 th Street Water Main
Replacement project (CIP 21043) and approval of Amendment No. 2 to the construction management contract with Ghirardelli Associates for the Riverfront Extension project (CIP 15032) & 5th Street Water Main Replacement project (CIP 21043).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the construction contract with Teichert Construction in the amount of $460,960.00 for the 5 th Street Water
Main Replacement project (CIP 21043);
2) Authorize the City Manager, or his designee, to execute amendments or change orders up to 10% of the contract amendment amount ($46,096.00);
3) Approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the construction management contract with Ghirardelli Associates in the amount of $226,774.18 for the Riverfront Extension (CIP 15032) & 5th Street Water Main Replacement project (CIP 21043); and 4) Authorize the City Manager or his designee to execute amendments or change orders up to 10% of the contract amendment amount ($12,679.97).

BACKGROUND
In February 2017, the City Council approved a professional services contract with Wood Rodgers to prepare environmental documentation, engineering plans, specifications, estimates and necessary right-of-way services for the Riverfront Street Extension Project. During design, additional information was obtained from exploratory assessments of the site conditions and the project team determined it was necessary to revise the project scope to achieve the project goals. In November 2017, the City Council authorized staff to modify the footprint of the project to reduce the extension of Riverfront Street due to a variety of concerns including timeline, budget, structures demolished on the CEMEX site, and uncertainty with the location of the new Broadway Bridge landing.

As part of the modification to the scope, the widening of 5th Street including the construction of bicycle and pedestrian improvements was added to the project. Subsequently, staff worked with SACOG to revise the project scope and secured additional Tier 2 grant funding of $1,746,500 resulting in a total grant award of $3,681,000.

As a result of the revised scope, the project extends Riverfront Street approximately 0.15 mile as a two-lane roadway with sidewalks, lighting, and landscaping, from its terminus just south of Mill Street, underneath the US50 Pioneer Bridge, and terminates with a cul-de-sac. The project also widens 5th Street between Mill Street and 15th Street, constructs a two-way bike path with sidewalk, underground overhead utilities on the east side of 5th Street, installs water and sewer, lighting, and limited landscaping. 5th Street will be restriped between Bridge Street and Mill Street to include the two-way bike path. Traffic signals at the 5th Street/Bridge Street intersection and at the 5th Street/South River Road/15th Street intersection will be modified to accommodate new pedestrian crossings and the bikeway.

On August 18, 2021, a professional services contract for construction management services was awarded to Ghirardelli Associates. Pursuant to the Public Contract Code, the project was publicly advertised for construction on December 8, 2021. The bids were opened on January 6, 2022, in which staff determined Teichert Construction to be the lowest, responsive responsible bidder. On February 2, 2022, the City Council awarded 20 Riverfront Extension and 5th St Widening – Teichert and Ghirardelli Amendment 2 June 7, 2023

the construction contract to Teichert Construction in the amount of $7,488,888. Construction for the project started on July 18, 2022.

On March 1, 2023, Resolution 23-17 was approved for an inter-project transfer of funds to replace an outdated and aging water line on 5th Street (CIP 21043) and approve Amendment No. 1 associated with the construction contract with Teichert Construction.

ANALYSIS
As stated in the background, on March 1, 2023, Resolution 23-17 was taken to City Council for approval of an inter-project transfer of funds to complete water main replacement work (CIP 21043). In the Resolution, Contract Amendment No. 1 for Teichert Construction was included, however, as a result of design revisions and field data later collected, a revised cost proposal was received from Teichert amending the previously approved Contract Amendment No. 1. Contract Amendment No. 2, included as Attachment 1, will revise the information originally included in Contract Amendment No. 1.

In addition to the revised Teichert Construction Amendment No. 2, City Staff is requesting approval of Contract Amendment No. 2 with Ghirardelli Associates for construction management services related to the water main replacement (CIP 21043) and construction improvements for Riverfront Street Extension and 5th Street Widening (CIP 15032). As construction progresses, there is a level of uncertainty associated with the underground utilities during excavation, installation of the water main, and documenting as-builts of the improvements. Due to ongoing construction, the schedule of the project has been extended from the previous completion date of June 2023 to October 2023. The extension of time for the project has resulted in additional costs for inspection, construction management, and federal grant compliance. The Ghirardelli Amendment No. 2, included as Attachment 2, will include the previously approved contingency from the original contract ($99,974.46) and the additional funds requested ($126,799.72), for a total of $226,774.18.

With Contract Amendment No. 2 with Teichert Construction (CIP 21043) and Contract Amendment No. 2 with Ghirardelli Associates (CIP 15032 and 21043), the total amount appropriated for the Riverfront Street Extension and 5th Street Widening project will not change. The Teichert Construction revised cost proposal reduced construction costs by $60,000. The contract amendment for Ghirardelli Associates does increase the total project costs; however, there is sufficient funding with the reduced construction costs and project funding previously allocated. The remaining project funding will be allocated to additional staff, inspection, design, oversight and contingency as needed. No additional funding for either project is required or requested at this time.

Table 1: Breakdown of Costs
Funds Needed 15032 21043
Teichert Construction $460,960.00
Contingency (10%) $46,096.00
Ghirardelli Associates $116,574.58 $10,225.14
Contingency (10%) $11,657.46 $1,022.51
Previously approved contingency from the original contract $99,974.46 City Staff, Inspection, and Design $106,696.00
Total Funds $228,206.50 $625,000.00
Environmental Considerations
On November 6, 2019, the City Council adopted an Addendum to the previously certified SEIR for the Bridge District Specific Plan, determining that the SEIR fully analyzed the environmental impacts of the proposed Riverfront Extension Project and 5th Street Widening project does not trigger a need for subsequent environmental review pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164. As since that time, none of the conditions in Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 have occurred and no additional environmental review is required under CEQA. On January 16, 2020, Caltrans concluded that the Project qualified for a Categorical Exclusion (CE) in accordance with the Code of Federal Regulations Title 23, Section 771.117. Therefore, the requirement for conformance with the National Environmental Policy Act (NEPA) and other federally environmentally related processes has been met.
21 Riverfront Extension and 5th St Widening – Teichert and Ghirardelli Amendment 2 June 7, 2023

Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended action as described above.
2) Delay or revise the recommended action.
3) Not approve the recommended action.

Alternative 1 is recommended to allow construction to move forward for the Project in compliance with grant milestone requirements.

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

Budget/Cost Impact
There is currently sufficient funding in the Capital Improvement Program (CIP) for the recommended action of this report and no additional funding is required or requested at this time.

ATTACHMENT(S)
1) Construction Contract Amendment No. 2 with Teichert Construction 2) Construction Management Contract Amendment No. 2 with Ghirardelli Associates 22 Attachment 1
Teichert Construction
CPE22-045 Riverfront Extension Amendment 2
AMENDMENT NO. 2
to the

CONSTURCTION CONTRACT
between the

CITY OF WEST SACRAMENTO
And
TEICHERT CONSTRUCTION Dated February 2, 2022
This Amendment No. 2 to the Construction Contract between the City of West Sacramento (“City”) and Teichert Construction (“Contractor”) dated February 2, 2022 for the Riverfront Street Extension and 5th Street Widening Project, is made and entered into this 7th day of June 2023.

Except as expressly amended herein, the February 2, 2022 Construction Contract is in full force and effect.

RECITALS
WHEREAS, in February 2022, the City awarded a construction contract to Teichert Construction for the Riverfront Street Extension and 5th Street Widening Project (“Project”) in the amount of $7,488,888; and
WHEREAS, the scope of work the project will widen 5th Street from 15th Street to Bridge Street, extend Riverfront Street south from Mill Street, and include sewer, water and storm drainage improvements; and underground overhead utilities on the east side of 5th Street between 15th Street and Business 80; and
WHEREAS, the City and Contractor desire to amend said contract; NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:

I. SCOPE OF SERVICES:

The scope of construction as set forth in the Construction Contract dated February 2, 2022, shall be revised to include the additional scope identified in the proposal dated April 6, 2023, attached hereto as Exhibit A.

II. COMPENSATION:

The compensation as set forth in the Construction Contract dated February 2, 2022 shall be increased by $460,960.00 to include the additional scope identified in the proposal dated April 6, 2023, attached hereto as Exhibit A.

IN WITNESS WHEREOF the parties hereto have executed this Amendment No. 2 as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager

TEICHERT CONSTRUCTION
By:

Bryan Ramirez, Regional Manager
23 Attachment 1
Teichert Construction
CPE22-045 Riverfront Extension Amendment 2

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk 24 Riverfront Street Extension - 5th Street Water Main
Replacement
Davis, CA 95616
24207 County Road 100A
Teichert Construction
Tim Robben
530-979-1561
[email protected]
Contact:

Phone:

E-mail:

Quote To: City of West Sacramento Job Name: Riverfront Street Extension Date of Plans: March 2023
Phone: Revision Date:

E-mail:

Estimate No:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
1 12" C900 PVC water main 1,005.00 LF 195.00 195,975.00 2 12" C900 PVC water main - fully restrained 255.00 LF 215.00 54,825.00 3 12" 45-degree bend w/thrust block per detail 519 12.00 EA 1,900.00 22,800.00 4 12" 11.25-degree bend w/thrust block per det. 510 2.00 EA 1,650.00 3,300.00 5 12" Gate Valve per detail 514 1.00 EA 5,850.00 5,850.00 6 Reconnect ex water service 3.00 EA 6,700.00 20,100.00 7 Reconnect ex water service per detail #502 1.00 EA 11,150.00 11,150.00 8 Reconnect ex fire hydrant per detail 515 4.00 EA 9,950.00 39,800.00 9 Hydrant bollards & marker at sta 17+71 1.00 EA 2,200.00 2,200.00 10 Connect to existing 12" water main 3.00 EA 10,500.00 31,500.00 11 ARV per detail 510 3.00 EA 8,950.00 26,850.00
12 4" BOV assembly per detail 512 2.00 EA 9,300.00 18,600.00 13 Cut and cap existing pipe, abandon in place 4.00 EA 1,640.00 6,560.00 14 Remove existing 12" water main 315.00 LF 30.00 9,450.00 15 Off-haul trench spoils 300.00 CY 40.00 12,000.00
GRAND TOTAL 460,960.00
NOTES:

Pricing reflects the work as shown on the revised plan sheets 56-58, dated March 2023, provided by the City of West Sacramento.

Pricing does not include AB backfill. It is assumed after the initial backfill material, native onsite material may be used. Should it be necessary, supplemental pricing can be provided.

Attachment 1, Exhibit A
25 LETTER OF TRANSMITTAL
TO: Tim Robben TRN-061.1
Teichert Construction – Woodland Office DATE: 4/6/2023
24207 County Road 100A
Davis, CA 95616
WE ARE SENDING YOU: ☐ Shop Drawings ☐ Written direction to proceed with extra work.
☒ Plans ☐ Samples
☐ Specification ☐ Copy of Letter
☐ Change Order ☐ Weekly Statement of Working Days
☐ Submittal ☐ Subcontractor Request
☐ FOR APPROVAL ☐ NO EXCEPTIONS TAKEN
☐ PER YOUR REQUEST ☐ MAKE CORRECTIONS NOTED
☒ FOR YOUR USE ☐ REVISE AND RESUBMIT
☐ FOR REVIEW AND COMMENT ☐
PROJECT NAME: Riverfront Street Extension
Project No.: 15032 Fed No.: STPCML-5447(045)
REMARKS:

Attached are revised plans (sheets 56-58) for added water along Fifth Street.

Contractor to provide an itemized lump sum change order request for the added water per Section 2.04(b) of the Supplemental Conditions and credits for water items that have been eliminated by extension of agreed contract unit price.

Also include pricing for:

Add Alt #1: Install C900 with steel casing within the Caltrans right-of-way from Station 18+25 to Station 20+80 in lieu of C905 pipe with fully restrained joints as shown in TRN-060 drawing.

Add Alt #2: Abandon existing 12” water main and fill with 2 sack slurry within the Caltrans right-of-way from Station 18+25 to Station 20+80 in lieu of removal included in base pricing.

Copy to: C. Spadorcio Signed
G. Prchlik, R. Teves, C. Asuncion, H. Allison Assistant Resident Engineer

Options no longer needed per Scott Olson Attachment 1, Exhibit A 26 BUILDING RELATIONSHIPS ONE PROJECT AT A TIME 3301 C St, Bldg. 100-B Tel 916.341.7760 Fax 916.341.7767 Sacramento, CA 95816 1 58 1
58 12 2
58 Attachment 1, Exhibit A
27 BUILDING RELATIONSHIPS ONE PROJECT AT A TIME 3301 C St, Bldg. 100-B Tel 916.341.7760 Fax 916.341.7767 Sacramento, CA 95816 3 58 12
Attachment 1, Exhibit A
28 BUILDING RELATIONSHIPS ONE PROJECT AT A TIME 3301 C St, Bldg. 100-B Tel 916.341.7760 Fax 916.341.7767 Sacramento, CA 95816 1 56
CONNECTION DETAIL 1 STA 10+34
SCALE: 1" = 1'
1 3
57 CONNECTION DETAIL 3 STA 22+79
SCALE: 1" = 1'
2 56
CONNECTION DETAIL 2 STA 13+20
SCALE: 1" = 1'
5 3
4 3
2 CONSTRUCTION NOTES:

1. CONNECT TO EXISTING 12" GATE VALVE W/ FLG X PE
COUPLING - ASSUMED GATE VALVE IS FLG X FLG.

CONTRACTOR TO VERIFY IN FIELD AND NOTIFY ENGINEER
IF DIFFERENT CONNECTION IS REQUIRED.

2. REMOVE SPOOL OF EX 12" PVC (LENGTH TO BE FIELD

DETERMINED)

3. 12" PVC COUPLER - ROMAC 501 OR APPROVED EQUAL

4. INSTALL 12" FLG X FLG GATE VALVE

5. INSTALL 12" TEE
Attachment 1, Exhibit A
29 Attachment 2
Ghirardelli Associates
CPC21-197 Riverfront Street Extension, Amendment 2
Expires 12/31/23
AMENDMENT NO. 2
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
And

GHIRARDELLI ASSOCIATES
Dated August 18, 2021
This Amendment No. 2 to the Contract for Services between the City of West Sacramento (“City”) and Ghirardelli Associates (“Consultant”) dated August 18, 2021, is made and entered into this 7th day of June. Except as expressly amended herein, the August 18, 2021 Contract for Services is in full force and effect.

RECITALS
WHEREAS, in August 2021, the City and Consultant entered into the Contract for Services for the Consultant to provide professional services for construction management; and WHEREAS, the scope of work of the project included construction management, inspection, geotechnical testing, and resident engineering services for the Riverfront Street Extension and 5th Street Widening Project; and
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. SCOPE OF SERVICES:

The scope of construction management services as set forth in the Professional Services Contract dated August 18, 2021, shall be revised to include the additional scope identified in the proposal dated April 25, 2023, attached hereto as Exhibit A.

II. COMPENSATION:

III. The compensation as set forth in the Professional Services Contract dated August 18, 2021, shall be increased by $99,974.46 to include the previously approved contingency and shall be increased by $126,799.72 to include the additional scope identified in the proposal dated April 25, 2023, attached hereto as Exhibit A. Total contract compensatoin shall be increased by $226,774.18.

IN WITNESS WHEREOF the parties hereto have executed this Amendment No. 2 as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager

GHIRARDELLI ASSOCIATES
By:

Randall Bruner, President 30
Attachment 2
Ghirardelli Associates
CPC21-197 Riverfront Street Extension, Amendment 2
Expires 12/31/23

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk 31 San Jose | Folsom | Oakland | San Francisco | Roseville | Irvine | Mc Kinleyville www.ghirardelliassoc.com
April 25, 2023
Mr. Christian Asuncion
Associate Civil Engineer
1110 West Capitol Ave
West Sacramento, CA 95691

Reference: City of West Sacramento – Riverfront Street Extension Project, Construction Management Amendment Request No. 1
Project No,: 15032, Federal Project Number: STPCML-5447(045) Dear Mr. Asuncion,
Below you will find Ghirardelli Associates’s a summary of hours and cost to complete Construction Management Services for the Riverfront Street Extension Project. The original cost estimate made in August 2021 anticipated a 250 WD contract with a construction start date of October 2021 and completion in October 2022. In actuality, the project was awarded for bid in February 2022, NTP issued in July 2022, and an antcipated completion in October 2023. Justification for additional costs are as follows:
• Approximately 5 month delay in issuing NTP, team continued administering the project through submittal and RFI review and utility coorindaiton with AT&T, PG&E, and Kinder Morgan • 21 working day delay due to cultural discovery, team continued adminstration of the project through change order request review and coordination efforts
• Added Source Inspection Scope beyond what was originally anticipated due to Caltrans direction • Anticipated 5 week delay to the critical path due to 5th street waterline redesign, and additional construction management services for the redesign, negotiation, and field correspondence associated with the water line installation.
• Materials Testing / Geotech of Record, Sierra Geotech anticipates an additional $20,840.00 of costs due to additional project call outs for Contractor’s phasing of the project, additional geotechnical recommendations along Riverfront and the varying subsurface conditions along Universal and Riverfront (rice husk ash, soft sands) The total amendment request is $126,799.72.

The following table summarizes the hours estimated for the Water Main Replacement (WO #15032) which will take place in March 2023 – June 2023:

Name/Classification Billable Rate
(2023) Total Hours Cost
Gina Prchlik
Project Manager/Resident Engineer $ 201.75 4 $ 807.00
Scott Olson
Assistant Resident Engineer $ 191.25 26 4,972.50 $
Jen Cutler
Office Engineer $ 123.49 36 4,445.64 $
Total $ 10,225.14
Attachment 2, Exhibit A
32 PAGE 2
Current projections show the contract allotment plus 10% contigency will be expended by August 2023. This projection includes the option to include a full time inspector for the JPCP operations scheduled for April 2023. If the City does not pursue this option, the cost summarized below would be reduced by $27,471.25. The table below summarizes the additional hours and associates costs to complete the project through closeout which is anticipated for October 2023:

Please contact me if there are any questions or additional information needed.

Sincerely,
Gina Prchlik, PE
110 Blue Ravine Rd, Ste 150
Folsom, CA 95630
Email: [email protected]
Cell: 510-681-4275
Name/Classification Billable Rate
(2023) Sep-23 Oct-23 Closeout Total Hours Cost
Gina Prchlik
Project Manager/Resident Engineer $ 201.75 4 8 12 $ 2,421.00 Scott Olson
Assistant Resident Engineer $ 191.25 138 140 80 358 68, $ 467.50 Jaimie Azvedo
SWPPP Coordinator $ 172.88 4 6 8 18 $ 3,111.84
Jen Cutler
Office Engineer $ 123.49 56 80 40 176 21,734.24 $
$ 20,840.00
Total $ 116,574.58
Sierra Geotech (Materials Testing/Geotech of Record)
Attachment 2, Exhibit A
33 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 6
SUBJECT:

CONSIDERATION OF APPROVAL OF A 1-YEAR CONTRACT RENEWAL WITH NOMAD

TRANSIT LLC EXTENDING THE WEST SACRAMENTO ON-DEMAND RIDESHARE PROGRAM THROUGH FISCAL YEAR 2023-24 AND RESOLUTION 23-42 ALLOCATING UP TO $3,102,730 TO SUPPORT OPERATIONS THROUGH FISCAL YEAR 2023-24 INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Stephanie Chhan, Senior Transportation Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to request City Council approval of Amendment No. 5 to the amended and restated contract with NoMad Transit LLC to extend the On-Demand Rideshare service through June 30, 2024 and to establish the schedule of fees for fiscal year 2023-24 operations. Staff is requesting approval of Resolution 23- 42 allocating up to $3,102,730 in Transportation Development Act funding and authorizing use of $150,000 in collected Fiscal Year 2022-23 rideshare revenues to support continued rideshare operations through FY 2023-

24. RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find approval of Amendment No. 5 to the Amended & Restated Contract with NoMad Transit LLC exempt from the California Environmental Quality Act (CEQA) under the General Rule exception provided for by Section §15061(b)(3);
2) Approve and authorize the City Manager, or designee, to execute Amendment No. 5 to the Amended & Restated Contract with NoMad Transit LLC, extending operations of the West Sacramento On-Demand Rideshare program through June 30, 2024 and establishing the schedule of fees for fiscal year 2023-24; and
3) Approve Resolution 23-42 allocating up to $3,102,730 from the Transportation Development Act and authorizing the use of FY 2022-23 rideshare revenues estimated at $150,000 towards the funding of the FY 2023-24 Via Rideshare program operations.

BACKGROUND
The West Sacramento On-Demand Rideshare Program was launched as a 1-Year Pilot on May 14, 2018 following robust Transportation, Mobility, and Infrastructure (TMI) Commission and City Council engagement dating back to June 2016. The program was initially developed in response to Council direction to explore a more flexible, innovative public transit model that better served resident needs, as fixed route bus service continued to experience increased costs alongside declining ridership. Following the success of the Pilot program, on May 1, 2019, the City Council unanimously approved an Amended and Restated Contract continuing the rideshare program.

The purpose of this report is to provide updates on the program, findings from the Sacramento Area Council of Government’s Transportation Development Act triennial performance audit, and the proposed fee schedule for the fifth and final extension under the current contract with NoMad Transit LLC for City Council consideration.

ANALYSIS
Ridership in Review
On June 15, 2022, the City Council approved a contract of $2,741,254 – comprised of $2,395,191 of Transportation Development Act funds, $69,014 Fiscal Year (FY) 2021-22 year fare revenues, and $277,049 of anticipated FY 2022-23 fare revenue reinvestment – with NoMad Transit LLC to support the On-Demand Rideshare Program operations and allocated $115,000 to fund staff time and materials for fiscal year 2022-23.

Since launch through April 2023, Via has provided a total of over 649,000 rides throughout West Sacramento for over 13,600 unique accounts. Of the 13,600+ accounts, more than 560, or approximately 5 percent, are senior or disabled account holders. On average, pick-up estimated time of arrival is approximately 12.8 minutes, deviation between estimated time of arrival and actual pick-up time is 0.9 minutes, and 86 percent of vehicles are within 5 minutes of estimated pick up time. Riders walk an average of 318.5 feet to be picked up and trips 34 On-Demand Rideshare Program – 5th Year Extension and Program Update June 7, 2023

are an average of 3.3 miles and 10.2 minutes per ride. Since the launch, top pick-up and drop-off destinations include River City High School, Riverpoint Marketplace, Southport Town Center, Raley’s, the West Sacramento Recreation Center, and Savannah at Southpoint apartments.

Between July 2022 – April 2023, the service has completed over 157,000 rides - averaging of 3,622 weekly rides, 593 weekday daily rides, and 328 weekend daily rides. Currently, over 600 unique riders are using the service weekly. Senior/Disabled ridership comprises an average of approximately 379 weekly rides. Recent high ridership has led to 28.1 percent of requests in March 2023 and 25 percent of requests in April 2023 with 21+ minute estimated time of arrivals. Average pick-up time for FY 2022-23 is 14 minutes, deviation between estimated time of arrival and actual time of arrival is approximately 1.3 minutes, and 87 percent of vehicles are within 5 minutes of estimated pick up time. NoMad Transit LLC indicated the longest distance a customer would walk to meet a vehicle is 1/10 mile, or approximately 500 feet, although most walking distances will be shorter than the maximum and some may even be door-to-door if it is optimal for the network. For Fiscal Year 2022-23, the average pick up walking distance was 320.7 feet. For FY 2022-23, top pick-up and drop-off locations include:

River City High School, Riverpoint Marketplace, Southport Town Center, Raley’s, the West Sacramento Recreation Center, Savannah at Southpoint apartments, Tower Bridge Gateway, and Lighthouse Bar and Grill.

ViaPass is a discounted weekly frequent rider program that offers riders up to four rides a day, seven days a week for $15. Seniors 62+ and individuals with eligible disabilities receive a 50 percent discount off the ViaPass price. This frequent rider program effectively provides a 50 percent discount on regular fares and 70 percent discount on top of already discounted fares. ViaPass users take 2.5 times more rides than non-pass riders.

Approximately 26 percent of weekly active users hold a ViaPass and 48 percent of all weekly rides are taken using ViaPass.

Transportation Development Act Triennial Performance Audit The Transportation Development Act (TDA) is administered by the California Department of Transportation (Caltrans) and provides two sources of public transportation funding for local governments; Local Transportation Funds (LTF) and State Transit Assistance (STA) funds. The funds are intended for the development and support of public transportation needs that exist in California and are allocated to counties based on population, taxable sales, and transit performance. TDA funds are primarily intended to support public transit services but can support a wide variety of transportation programs including planning activities, pedestrian and bicycle facilities, road rehabilitation or other community transit, bus and rail projects. However, STA funds have more restrictive criteria and regulations that must be met in order to fund eligible expenses. The Sacramento Area Council of Governments (SACOG) is the administrator of TDA funds for the City of West Sacramento, and the City must annually submit a claim for review and approval by the SACOG Board of Directors to claim its allocations of TDA funds.

Because the City of West Sacramento funds the On-Demand Rideshare Program with TDA funds, the City is subject to compliance with TDA requirements. The California Department of Transportation (Caltrans) Performance Audit Guidebook contains a checklist of 11 measures taken from the Public Utilities Code and California Code of Regulations. SACOG recently completed a TDA triennial performance audit on the City’s OnDemand Rideshare Program. The goal of the audit is to provide a means of evaluating performance and to enhance performance by making recommendations for improvement. The audit measures performance against TDA’s established criteria and focuses on management’s planning and control system. It also evaluates an agency’s degree of compliance with established policies and procedures as outlined in the TDA statutes.

The “Triennial Performance Audit of City of West Sacramento – Via Rideshare” is provided in Attachment 1. Four compliance requirements did not apply to West Sacramento (i.e., annual CHP terminal inspections, rural/urban farebox recovery ratios, and use of federal funding). Of the compliance requirements pertaining to West Sacramento, the City fully complied with five requirements. The City was found not in compliance with the submittal of the annual Transit Operators’ Financial Transactions Reports to the State Controller and was partially compliant regarding reporting of performance measures (vehicle service hours and miles/full-time employee equivalents). As such, the City is making the required showing of progress in implementing the recommendations.

Staff has been in coordination with the State Controller's Office and will submit an annual report beginning in Fiscal Year (FY) 2022-23, which is due in January 2024. Additionally, staff has coordinated with Nomad Transit LLC to incorporate the TDA performance metrics as a requirement to be regularly reported to the City through the contract amendment with proposed FY 2023-24 fee schedule. The performance metric reports do not affect the contract value with Nomad Transit LLC.
35 On-Demand Rideshare Program – 5th Year Extension and Program Update June 7, 2023

Preliminary FY 2023-24 Budget and Operational Approach
The primary purpose of adopting Amendment No. 5 renewing the fee schedule for the upcoming operational year, is to ensure that the projected costs, levels of service (quantity of projected “Driver Hours”) and fare revenue are incorporated into the current and binding contract with NoMad Transit LLC, which is utilized for monthly billing purposes.

NoMad provided two fee schedule scenarios for staff consideration (Attachment 2). The operational model proposed for FY 2023-24 assumes few changes from FY 2022-23, but the scenarios provided options for two service demand scenarios. Scenario 1 assumes the same level of demand as FY 2022-23 with some natural growth, whereas Scenario 2 increases vehicle and driver hours to support a 10 percent increase in demand from FY 2022-23. Recent ridership has increased beyond pre-COVID highs, reaching 18,570 completed rides in March 2023 and 16,322 completed rides in April 2023 as compared to 15,975 completed rides in February 2020.

Utilization (completed rides/net driver hours) is currently 3.9 for July 2022 through April 2023, as compared to a utilization of 2.0 for July 2019 through April 2020. With sustained growth on the On-Demand Rideshare Program, staff is proposing a fee schedule based on Scenario 2 with additional driver hours to maintain service standards.

The proposed FY 2023-24 fees are similar to previous years but have increased to accommodate a new regulatory fee and inflation. NoMad is passing onto the City the Public Utilities Commission Transportation Reimbursement Account (PUCTRA) regulatory fees enacted as of January 1, 2023. The fee schedule also proposes higher projected driver hours and an estimated 2.98 percent increase for vehicle hour rates and 3.01 percent increase in service hour rates to account for inflation.

Recent advancements in Via’s software and application platform allow for the integration of public transit data, providing riders with the option to select Via or another mode of transportation, such as Yolobus. Staff plans to pursue this advancement and integrate mobility-as-a-service features into the City’s Via application platform.

This will provide benefits to riders, allowing easy route planning and the possibility to plan trips using multiple transport methods. This may allow the City to better handle demand for the rideshare program within the contract budget, while continuing to encourage people to use alternative transportation.

The following table summarizes the features of the On-Demand Rideshare Program and a comparison of the current program versus the proposed 2023-24 program:

FY 2022-23 On-Demand
Rideshare Program
Proposed: FY 2023-24 On-Demand
Rideshare Program
Fleet Supply No Proposed Changes
Hours of
Operation No Proposed Changes
Driver Hours
Term: 12 months
Projected: 46,800 hrs
Estimate: 46,800 hrs1
Term: 12 months
Projected: 57,200 hrs
Customer Support
Hours
Projected: 5,980 hrs
Estimate: 5,980 hrs1 Projected: 5,980 hrs
Contract Rate Operations: $50.72
Customer Support (1.25 FTE): $36.88
Operations: $52.23
Customer Support (1.25 FTE): $37.99
COVID Cleaning $63,816 $0
Regulatory Fees Access for All - $0.10 cents per ride
Access for All - $0.10 cents per ride
PUCTRA Regulatory Fee – 0.3 percent
of gross intrastate revenue plus
quarterly/annual fees
Ridership Projected: 192,000
Estimate: 190,0001 Projected: 220,000
Cost per Ride2 Projected: $14.87
Estimate: $15.031 Projected: $15.52
36 On-Demand Rideshare Program – 5th Year Extension and Program Update June 7, 2023

Contract Budget
Projected:
$2,741,254 ($2,395,191 of TDA funds, $69,014
of FY 21-22 fare revenue, $277,049.00 of FY
22-23 fare revenue)
Estimate Spent: $2,741,2541
Projected:
$3,301,372 ($150,000 of FY 22-23 fare
revenue, $313,642 of FY 23-24 fare
revenue, and $2,837,730 of TDA funds)
1 Inclusive of estimates for May – June 2023.
2 Inclusive of City staff time estimated costs.

Attachment 3 provides draft proposed contract Amendment No. 5 which includes administrative amendments to the contract and the proposed fee schedule for FY 2023-24. Via assumes a fare revenue reinvestment that supports the service. Should actual fare revenues collected exceed the estimated amount in the projected budget, the additional fare revenues will be reinvested toward the next fiscal year’s program operations. Fare revenue assumptions consider standard-price fares, discounts, and ViaPass. The projected fare revenue for FY 2023-24 is $313,642 to support the program. Via’s projected average net fare per ride for FY 2023/24 is $1.42, which is 1 percent less than the projected average net fare per ride of $1.44 assumed in the FY 2022-23 budget.

The program budget proposes $2,987,730, inclusive of FY 2022-23 anticipated remaining fare revenues, from the City to support the FY 2023-24 program. This is an increase of $560,118 as compared to the FY 2022-23 program budget of $2,464,205.

In addition to fare revenue reinvestment, the On-Demand Rideshare program is supported by local TDA funds.

The City must annually submit a claim for review and approval by the SACOG Board of Directors to claim its allocation of TDA funds. Upon SACOG approval of the TDA Claim, Yolo County disburses the allocation request to the City. Currently, the City has approximately a $2.69 million unearned remaining balance of carryover TDA funds from previous fiscal years. For FY 2023-24, staff anticipates an apportionment of $3,794,876 in Local Transportation Funds and $630,458 in State Transit Assistance Funds per the Yolo County Estimated Findings of Apportionment released in March 2023 (Attachment 4). The Yolo County Transportation District (YoloTD) FY 2023-24 proposed budget, scheduled to be approved by the YoloTD Board of Directors in June 2023, includes the City’s share of expenditures for YoloTD administrative fee, fixed route operations, and paratransit service for the City, totaling $3,030,803. At the end of the FY 2022-23 contract term, staff will determine the precise amount of remaining FY 2022-23 Via funds and fare revenue to apply toward the FY 2023-24 expenses. Staff will seek City Council authorization for staff to submit a claim for the Via program budget, less the total amount of FY 2022-23 fare revenue and contract rollover in the On-Demand Rideshare Program from FY 2022-23, and $115,000 for City staff time and materials to support the program in the FY 2023-24 annual TDA claim. A resolution to allocate funding for FY 2023-24 is provided as Attachment 5.

Environmental Considerations
This project is exempt from CEQA as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment (State CEQA Guidelines Section 15061 (b)(3)). The fundamental definition of a "significant effect" under CEQA is "a substantial adverse change in physical conditions". Per this definition, it is clear that the operation of up to eleven (11) 6-passenger shared-ride vehicles utilizing existing infrastructure with the intent of encouraging pooling and reducing traffic impacts by shifting community members out of higher VMT (Vehicle Miles Travelled) generating modes (i.e. single occupancy driving or ride-hailing) does not constitute a significant impact.

Moreover, the project is within the scope of the EIR prepared for the General Plan 2035, and no new or substantially more adverse impacts would occur through the implementation of the proposed project. The project directly implements multiple Mobility Element Policies aimed at providing a multi-modal transportation system that supports various modes and benefits community and environmental health. As a result, no new environmental document is required, consistent with State CEQA Guidelines Section 15162 and 15168(c)(2).

Commission Recommendation
This report was presented to the Transportation, Mobility and Infrastructure Commission on June 5, 2023.

Recommendations and feedback have been incorporated into the presentation for City Council’s consideration.

Strategic Plan Integration
This project advances the 2022 Strategic Plan goals of “Mobility & Connectivity” as part of the City’s “Mobility Action Plan Implementation” management agenda.
37 On-Demand Rideshare Program – 5th Year Extension and Program Update June 7, 2023

Alternatives
The Council’s primary alternatives to staff’s recommendations are:

1. Council may elect to approve Amendment No. 5 but redirect staff to utilize alternative funding sources toward the FY 2023-24 operations by amending Resolution 23-42. This alternative is not recommended as staff has developed this recommendation consistent with prior year procedures and requires timely authorization to prepare the FY 2023-24 TDA Claim. Delayed submittal of the FY 2023-24 TDA Claim, which funds the rideshare program and Yolobus operations, has the potential to cause cash-flow issues for the City.

2. Council may elect not to approve Amendment No. 5 and Resolution 23-42 at this time. This alternative is not recommended, as the current contract with NoMad Transit LLC expires on June 30, 2023 and requires accurate accounting, service planning and financial support to support operations to ensure no abrupt disruptions to service for community members reliant on the service for their transportation needs.

Coordination and Review
This report was prepared by the Transportation & Mobility Division of the Community Development Department and received review from the Finance Department, City Attorney’s Office, and City Manager’s Office.

Budget/Cost Impact
Approval of Amendment No. 5 to the Amended & Restated Contract with NoMad Transit LLC establishes the Fee Schedule for FY 2023-24 with an annual City obligation in an amount not to exceed $2,987,730 toward operating costs, as shown. A total of $115,000 in City staff costs is also included, consistent with the staff allocation included in the program budgets previous fiscal years.

Staff estimates an allocation request of up to $3,102,730 in TDA funds [Budget Unit 202-9220-5259], offset by an estimated $150,000 in projected FY 2022-23 fare revenues to support the 1-year renewal request. Approval of Resolution 23-42 would authorize the allocation of up to $3,102,730 from the TDA and authorize the use of $150,000 from rideshare revenues towards FY 2023-24 Via Rideshare program operations.

Expenses
Contract for Services with NoMad Transit LLC: $2,987,730 City Staff Time & Materials: $115,000
Total FY 2023-24 Program Expenses $3,102,730
Funding Sources
FY 2022-23 Fare Revenues $150,000
FY 2023-24 TDA Allocation $2,952,730
Total $3,102,730
Exclusive of the estimated FY 2023-24 TDA apportionment (Attachment 4), the City’s current unrestricted TDA reserve balance is approximately $2.70 million. Estimated FY 2023-24 allocation brings the TDA balance approximately to $7.12 million. Staff is awaiting more concrete FY 2022-23 Via fare revenue & cost savings, as well as YoloTD’s budget update for the City’s share of fixed-route and paratransit costs to finalize the FY 2023- 24 TDA Claim. Based on the LTF Findings of Apportionment, planning fees to be paid to SACOG by the City of West Sacramento is $113,846. Based on YoloTD’s preliminary budget, the City’s contribution to YoloTD for fixed route, paratransit, and administrative costs is $3,030,803. Staff anticipates that additional funding sources other than TDA may be needed to support the On-Demand Transportation Program should the program continue beyond FY 2023-24.

ATTACHMENTS

1. Fiscal Year 2019-2021 Triennial Performance Audit of City of West Sacramento – Via Rideshare

2. Via Proposed Fee Schedule Scenarios

3. Amendment No. 5 to the Amended and Restated Contract with NoMad Transit LLC

4. Fiscal Year 2023-24 Transportation Development Act Preliminary Findings of Apportionment

5. Resolution 23-42
38 TA B L E O F C O N T E N T S
July 2018
September 2019
December 2022
Final
Attachment 1
39 TA B L E O F C O N T E N T S
Executive Summary .............................................................................................................................i Section I ..............................................................................................................................................1 Introduction........................................................................................................................................1 Overview of the Transit System..........................................................................................................1 Section II .............................................................................................................................................5 Operator Compliance Requirements..................................................................................................5 Section III ..........................................................................................................................................13 Prior Triennial Performance Recommendations..............................................................................13 Section IV ..........................................................................................................................................14 TDA Performance Indicators.............................................................................................................14 Section V ...........................................................................................................................................21 Review of Operator Functions..........................................................................................................21 Operations........................................................................................................................................21 Maintenance.....................................................................................................................................23 Planning ............................................................................................................................................24 Marketing..........................................................................................................................................24 General Administration and Management.......................................................................................25 Section VI ..........................................................................................................................................28 Findings.............................................................................................................................................28 Recommendations............................................................................................................................31 40 List of Tables and Graphs
Table I-1 ..............................................................................................................................................3 Via Rideshare Fare Schedule ..............................................................................................................3 Table I-2 ..............................................................................................................................................4 Via Rideshare Fleet .............................................................................................................................4 Table II-1 .............................................................................................................................................5 Operator Compliance Requirements Matrix ......................................................................................5 Table IV-1..........................................................................................................................................15 West Sacramento – Via Rideshare TDA Performance Indicators.....................................................15 Graph IV-1.........................................................................................................................................16 Operating Costs ................................................................................................................................16 Graph IV-2.........................................................................................................................................16 Ridership...........................................................................................................................................16 Graph IV-3.........................................................................................................................................17 Operating Cost per Passenger..........................................................................................................17 Graph IV-4.........................................................................................................................................17 Operating Cost per Vehicle Service Hour .........................................................................................17 Graph IV-5.........................................................................................................................................18 Passengers per Vehicle Service Hour................................................................................................18 Graph IV-6.........................................................................................................................................18 Fare Recovery Ratio..........................................................................................................................18 41 Executive Summary
Michael Baker International - i
Executive Summary
The Sacramento Area Council of Governments (SACOG) engaged the Michael Baker International audit team (Michael Baker) to conduct the Transportation Development Act (TDA) triennial performance audit of the nine public transit operators under its jurisdiction. The performance audit serves to ensure accountability in the use of public transportation revenue. This performance audit is conducted for Via Rideshare in West Sacramento (City, West Sacramento, or Via), covering the most recent triennial period, fiscal years 2018–19 through 2020–21.

The audit includes a review of the following areas:
• Compliance with TDA requirements
• Status of prior audit recommendations
• Transit system performance trends
• Functional review
From the review, recommendations were developed to improve the operational efficiency and effectiveness of Via Rideshare.

Compliance with TDA Requirements
Of the nine compliance requirements pertaining to West Sacramento, the City fully complied with five requirements. The City was found not in compliance with regard to the submittal of the annual Transit Operators’ Financial Transactions Reports to the State Controller and was partially compliant with regard to reporting of performance measures (vehicle service hours and miles/full-time employee equivalents). Four additional compliance requirements did not apply to West Sacramento (i.e., annual CHP terminal inspections, rural/urban farebox recovery ratios, and use of federal funding).

Status of Prior Audit Recommendations
There were no prior audit recommendations. This report constitutes the first triennial performance audit of the operator.

Transit System Performance Trends

1. Fare revenues for transit services provided by the Yolo County Transportation District (YCTD, District), to which the City contributes, are collected by the District. The fare revenue ratio for the YCTD is reported in the District’s financial statements. The YCTD is subject to a 15 percent system-wide ratio that the system meets, and which has been formalized by SACOG. Based on audited and internal reporting data, the YCTD’s system-wide farebox recovery ratio was 22.78 42 Executive Summary
Michael Baker International - ii
percent in FY 2019; 14.54 percent in FY 2020; and 13.20 percent in FY 2021. 1 The average
system-wide farebox recovery ratio was 16.84 percent.

2. Operating costs increased by 156.9 percent from the first full year of operation in FY 2019 to FY 2021. On an average annual basis, costs increased 75.7 percent, with the highest increase of 147.7 percent occurring in FY 2020. This increase can be attributed to higher customer service costs as ridership increased as well as an increase of over 10,000 service hours from FY 2019 to FY 2020. Additionally, COVID-19 related costs (frequent cleanings/disinfectants, PPE supplies, applying and maintaining partitions, etc.) increased operating costs beginning in FY 2020.

Operating costs only increased 3.7 percent from FY 2020 to FY 2021, while driver hours remained relatively constant.

3. Ridership increased 20.2 percent from 92,063 rides during FY 2019 to 110,661 rides during FY 2021. Ridership reached 139,340 in FY 2020 before the effects of the COVID-19 pandemic began impacting this indicator. On an average annual basis, ridership increased 15.4 percent with an increase of 51.4 percent occurring in FY 2020 and a decrease of 20.6 percent in FY 2021, a reflection of the effects of the pandemic on ridership.

4. The provision of vehicle service hours and miles both exhibited increases from FY 2019 to FY 2021 as the program expanded past its pilot year. Vehicle service hours increased 31.7 percent and vehicle service miles increased 20.8 percent. Both indicators saw their peak in FY 2020 before exhibiting decreases in FY 2021 due to the effects of the pandemic on service.

5. Operating cost per passenger, an indicator of cost effectiveness, increased 113.7 percent from $6.81 during FY 2019 to $14.56 during FY 2021. The trend is indicative of the outpacing of operating expenses compared to ridership, exacerbated by the effects of the pandemic on ridership as well as the pandemic’s effect on operating costs as discussed above.

6. Operating cost per hour, an indicator of cost efficiency, increased 95 percent from $24.49 during FY 2019 to $47.75 during FY 2021. The trend in this indicator is reflective of the increase in operating costs outpacing the increase in vehicle service hours, exacerbated by the effects of the pandemic on service as well as the pandemic’s effect on operating costs as discussed above.

Functional Review

1. Via Rideshare is a network-optimized, on-demand rideshare service operating within the city limits of West Sacramento. Through the initial pilot program, Via provided an on-demand rideshare service for a period of one year, with 10 Mercedes Metris vans rented at no cost to 1 Assembly Bill 90, passed into law and signed by the governor in June 2020 in response to the COVID-19 pandemic impacts, prohibits the imposition of penalties on a transit operator that does not maintain the required ratio of fare revenues to operating cost during FY 2019–20 or FY 2020–21. 43 Executive Summary
Michael Baker International - iii
the City by Nomad Transit LLC, a subsidiary of Via Transportation, Inc. Riders are able to book a ride using a smart phone app and over the phone. The pilot service launched on May 14, 2018.

2. The City’s rideshare program is administered by a senior transportation planner in the Community Development Department and by a team composed of a partner success manager, general manager, and local field manager. On January 17, 2018, the City Council approved a contract with NoMad Transit LLC, a wholly owned subsidiary of Via Transportation, Inc., in the amount of $720,000 for a one-year pilot. This original contract was amended in February 2019 to utilize $90,000 in fare revenues. The contract may be extended annually up to five additional years. The contract is reviewed annually.

3. Via Rideshare driver partners are classified as independent contractors. All driver partners undergo thorough criminal background checks before driving on the Via platform. Applicants may complete their applications, provide required documentation, and sign required agreements through Via’s Driver Portal (https://my.drivewithvia.com/). Candidate screening consists of a four-step process. The number of driver partners available for West Sacramento Via Rideshare ranges between 20 and 40 drivers.

4. Vehicle maintenance is the responsibility of the driver partners. The driver partners conduct preand post-inspections on the vehicle at the Via Rideshare staging lot. The inspections involve drivers taking photos of the exterior and interior of the vehicle and uploading them to the Via Driver Portal. The Rideshare vans are parked along the northern perimeter of the lot composed of 16 spaces.

5. West Sacramento’s Via Rideshare is marketed through several media, including a rider’s guide, mobile app, and a dedicated web page on the City of West Sacramento website (https://www.cityofwestsacramento.org/via). Other fare media and promotions include the Via Pass and discounts to senior citizens and disabled people. The service is branded with the City’s Tower Bridge logo.

Recommendations
Performance Audit
Recommendation
Background Timeline

1. Complete the annual
Transit Operators’
Financial Transactions
Report for submittal to
the State Controller.

Pursuant to Public Utilities Code Section 99243, transit operators are required to submit an annual report,
called the Transit Operators’ Financial Transactions
Report, to the regional transportation planning agency
(RTPA) based upon the Uniform System of Accounts and
Records established by the State Controller. This report is due within seven months after the end of the fiscal
year (on or before January 31). The report shall contain underlying data from audited financial statements
High Priority
44 Executive Summary
Michael Baker International - iv
Performance Audit
Recommendation
Background Timeline
prepared in accordance with generally accepted
accounting principles, if this data is available.

In lieu of submitting the Transit Operators’ Financial
Transactions Report, the City of West Sacramento
completed and submitted the Cities' Financial
Transactions Report to the State Controller during the
audit period. The Cities' Financial Transactions Report does not include financial and operating data that
pertain to the Via Rideshare service. It is recommended that commencing with FY 2022, the City use the Transit
Operators’ Financial Transactions Report for reporting
transit financial and operational data. The City would
need to set up an account through the Local
Government Financial Reporting System as a transit
operator. See link:
https://lgrsonline.sco.ca.gov/Account/Login?Remember
Me=False&Optentitytype=TRS.

General instructions for reporting transit expenditures, revenues and operating data are found at the link:
https://www.sco.ca.gov/Files-ARDLocal/LocRep/TO_FTR_Instructions_20-21.pdf.

2. Ensure that
performance measures
are consistent with
TDA statute
definitions, in
particular with regard
to vehicle service
hours and mileage as
well as employee
hours.

The auditor queried the Via Rideshare contractor about
how vehicle service hours and miles are reported. It was revealed that vehicle service hours and miles are
recorded when the vehicles leave the staging yard,
which would include deadhead hours and mileage.

According to the TDA statute, actual vehicle revenue
hours are:

The hours that vehicles travel while in revenue service.

Vehicle revenue hours include layover/recovery time
but exclude deadhead, training operators prior to
revenue service and road tests, as well as school bus
and charter services.

Actual vehicle revenue miles are:

The miles that vehicles travel while in revenue service.

Vehicle revenue miles exclude deadhead, training
High Priority
45 Executive Summary
Michael Baker International - v
Performance Audit
Recommendation
Background Timeline
operators prior to revenue service and road as well as
school bus and charter services.

In addition, vehicle service hours per employee data
were not calculated due to the unavailability of full-time equivalent (FTE) data, which would be reported in the
Transit Operators’ Financial Transactions Report. Proper calculation of this measure is based on the number of
employee FTEs using employee pay hours from the State
Controller Report and dividing by 2,000 hours. In lieu of submitting the Transit Operators’ Financial Transactions Report, the City of West Sacramento completed and
submitted the Cities' Financial Transactions Report to
the State Controller.

It is recommended that the contractor have the driver
partners begin to record vehicle revenue hours and
miles according to TDA definitions including starting at the first customer pickup and ending at the last
customer drop-off, including layover/recovery. Layover
and recovery are "out-of-service" time allowances
allocated to a vehicle at a certain location or locations along the route, generally at a terminal location. Layover time is rest or "break" time allocated to the operator
somewhere along the line, usually at a terminal location at the end of a trip. Recovery time can be thought of as "buffer" break time built into the schedule. It may or
may not be used by the operator. In addition, it is
suggested that the City work closely with Via Rideshare to ensure the accuracy of the operating data reported.

3. Insert TDA and transit
reporting standards in
the Via Transportation
contract.

Building upon the above recommendations for the City
and contractor to follow TDA definitions in tracking and collecting key performance data, the requirements to
properly report operations data should be added to the
conditions in the service contract. While dashboard
measures are listed in the contract of available
information for City use, they do not specify or define how the data are to be presented. For example, the
contract should include defining vehicle revenue hours
and miles separately from total vehicle revenue hours
Medium Priority
46 Executive Summary
Michael Baker International - vi
Performance Audit
Recommendation
Background Timeline
and miles according to TDA, which the City or contractor can then determine transit cost efficiency and
effectiveness measures that comply with TDA and transit industry reporting standards.

Of the available metrics complimenting those already
being collected by the City and discussed with Via
Transportation, the following are suggested measures
that the City should require to be calculated and
reported in regular intervals, such as monthly, quarterly, and annually.
• Passengers per revenue hour
• Passengers per revenue mile
• Operating cost per revenue hour
• Operating cost per revenue mile
• Operating cost per passenger
• Accidents/Vehicle roadcalls/breakdowns
• On-time performance
• Passenger complaints and compliments
These key measures create additional dashboard
indicators that mirror public transit operations from
which service goals and standards could be formed to
better measure productivity over time. For example, a
goal standard for passengers per revenue hour and cost
per revenue hour could be a rolling 6 to 12 month
average under TDA definitions. The City should work
with the contractor to develop productivity standards
using these measures to build a log of operational
efficiency and effectiveness tracking. Section IV of this audit provides the TDA required measures as a starting
point.
47 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 1
Section I
Introduction
California’s Transportation Development Act (TDA) requires that a triennial performance audit be conducted of public transit entities and transit service claimants that receive TDA revenues. The performance audit serves to ensure accountability in the use of public transportation revenue.

The Sacramento Area Council of Governments (SACOG) engaged the Michael Baker International audit team (Michael Baker) to conduct the TDA triennial performance audit of the nine public transit operators and transit service claimants under its jurisdiction. This performance audit is conducted for Via Rideshare in West Sacramento (City, West Sacramento, or Via) covering the most recent triennial period, fiscal years 2018–19 through 2020–21.

The purpose of the performance audit is to evaluate Via Rideshare’s effectiveness and efficiency in its use of TDA funds to provide public transportation in its service area. This evaluation is required as a condition for continued receipt of these funds for public transportation purposes. In addition, the audit evaluates Via Rideshare’s compliance with the conditions specified in the California Public Utilities Code (PUC). This task involves ascertaining whether Via Rideshare is meeting the PUC’s reporting requirements. Moreover, the audit includes calculations of transit service performance indicators and a detailed review of the transit administrative functions. From the analysis that has been undertaken, a set of recommendations has been made which is intended to improve the performance of transit operations.

In summary, this TDA audit affords the opportunity for an independent, constructive, and objective evaluation of the organization and its operations that otherwise might not be available.

The methodology for the audit included in-person and virtual interviews with management and the contract operator, collection and review of agency documents, data analysis, and on-site observations. The Performance Audit Guidebook for Transit Operators and Regional Transportation Planning Entities, published by the California Department of Transportation (Caltrans), was used to guide in the development and conduct of the audit.

Overview of the Transit System
Originally founded in 2012, Via Transportation is a transportation services technology provider primarily focused on delivering on-demand and pre-scheduled shared rides, optimizing fixed routes, and providing multimodal and intermodal transit technology. Via's algorithm matches multiple passengers heading in the same direction and books them into a single vehicle. Shared rides are usually from corner-to-corner to streamline vehicle routes, requiring passengers to walk to a nearby pickup point, indicated on the app. Via primarily operates in partnership with a local transit authority, government entity, university, school district, taxi fleet, or private organization.

The operational partnerships use Via's technology, but allow organizations to use their own 48 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 2
vehicle fleets, supply their own drivers, and provide their own live service staff. Partners may also choose to have Via supply these resources, including full vehicle and operational management.

Those who opt for a turnkey solution run by Via, this is in partnership with 3rd party vehicle partners and independent contracters.

In 2018, the City of West Sacramento launched the Via program as a one-year pilot, following robust Transportation, Mobility, and Infrastructure (TMI) Commission and City Council engagement dating back to June 2016. Following a competitive procurement, the City selected NoMad Transit LLC, a wholly owned subsidiary of Via Transportation Inc., to pilot a shared, ondemand transportation service with flexible stops, schedules, and fleet supply. While primary goals of the program included enhanced mobility, increased pooled rides, and improved quality of life, the concept of right-sizing vehicles and making the supply of service demand-responsive was also designed to capture cost efficiencies by regularly adapting the amount of service based on historical and projected ridership trends.

West Sacramento is the third largest city of the four incorporated cities in Yolo County. The city lies directly adjacent to the City of Sacramento, separated by the Sacramento River. The city has a total land area of 21.43 square miles. Originally a collection of various fishing and farming communities cumulatively known as “East Yolo,” the communities officially incorporated as the City of West Sacramento in 1987. Based on the 2020 US Census, the city’s population was 53,915.

Based on the 2020 ACS 5-Year Estimate Data, 5,932 or 11.1 percent of the city’s population was age 65 or older. The 2022 population is estimated to be 52,837 as reported by the California Department of Finance.

System Characteristics
Via Rideshare is a rideshare service, allowing residents to catch a ride anywhere in the City of West Sacramento for an affordable, flat fare. Passengers can book a ride using the free Via app.

Customers enter their pickup and drop-off locations and a vehicle will pick them up at their doorstep or within a block or two. Those who don't have a smartphone or tablet can book a ride by phone.

Customers are able to view estimated wait times when they enter their pickup and drop-off locations in the Via app (or over the phone) before approving any payments. Wait times will vary depending on nearby driver availability, but on average a Via van should arrive within 10-15 minutes. Riders typically don't wait longer than 30 minutes to be picked up.

Via Rideshare vehicles are wheelchair accessible in accordance with the Americans with Disabilities Act (ADA) of 1990. Customers requiring a wheelchair-accessible vehicle can go to the home page on the Via app and slide the wheelchair accessible button. Passengers making requests by phone should inform the customer service representative. Once the wheelchair accessible button is selected or a customer service representative is informed, an accessible vehicle will be sent each time the rider requests a ride. Via vans have ample space for walkers, canes, or other 49 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 3
mobility devices to be stored. Riders can simply inform their Via driver should they need assistance loading or unloading the vehicle.

Via Rideshare operates between 6:00 a.m. and 11:00 p.m. Monday through Friday; 9:00 a.m. and 11:00 p.m. on Saturdays; and 8:00 a.m. and 8:00 p.m. on Sundays. Service operates year-round including holidays.

Fares
Via Rideshare is a cashless service. Customers pay by a credit, debit, or prepaid credit card, which is entered when they set up an account on the Via app using a smartphone or tablet. Customers who wish to book rides over the phone can call Via at 916-318-5101 to have an account set up.

The fare structure is shown in Table I-1.

Table I-1
Via Rideshare Fare Schedule
Fare Categories Audit Period
Regular Fare (one-way trip) $3.50
Senior & Disabled Riders $1.75
Additional Riders $1.00
ViaPass Weekly Pass (up to 4 rides a day) $15.00
ViaPass Weekly Pass Senior & Disabled $7.50
Source: City of West Sacramento
People age 62+ or with a qualifying disability may receive a 50 percent discount. To obtain a senior or disabled rider discount, riders must verify their eligibility in person at one of the following City of West Sacramento facilities:
• City Hall Utility Billing (Monday-Friday, 9 a.m.-5 p.m.) • Community Center (Monday-Friday, 9 a.m.-5 p.m.)
• Recreation Center (Monday/Wednesday/Friday 9 a.m.-11 a.m., or Tuesday/Thursday 6 p.m.-8 p.m., or by appointment 916-617-4770)
For a senior discount, riders must provide at least one of the following forms of documentation:
• Valid driver's license, US passport, military ID or DMV issued ID card • Valid Yolobus or SacRT Discount Rider pass with photo ID on the card (Connect Card) • Valid Medicare card
• Current senior membership on file at the West Sacramento Recreation Center For a disabled rider discount, riders must provide at least one of the following forms of documentation:
• Current Medicare card or a Medicare, SSI, or SSDI award letter • Current DMV issued Disabled Person or Disabled Veteran placard ID • Valid Yolobus or SacRT Discount Rider pass with photo ID on the card (Connect Card) 50 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 4
• Proof of current ADA Paratransit eligibility through Yolobus or SacRT If none of the above are available, riders must complete the Disabled Rider Account Application, which will require a healthcare professional to complete a verification form on their behalf. After staff verifies eligible disability, riders will receive a discount code.

Fleet
The City of West Sacramento is supplied with a fleet through the wholly owned subsidiary of Via Transportation Inc., NoMad Transit LLC, and are rented directly by the independent contracted driver partners. Services were initially contracted for a one-year pilot program on May 14, 2018.

The original fleet for the one-year pilot program comprised solely Mercedes Metris vans, totaling seven vehicles, including one wheelchair accessible vehicle. On May 1, 2019, the City Council approved an amended and restated contract continuing the program through June 30, 2020, which included fleet and service hour expansion supported by a $2.02 million allocation from the Transportation Development Act Fund. As of 2021, the fleet now includes 17 vehicles (14 Mercedes Metris and 3 Toyota Sienna), including 6 wheelchair accessible vehicles. The contract was later extended through 2022. Table I-2 shows the vehicle fleet information.

Table I-2
Via Rideshare Fleet
Year Make & Model Quantity
Seating
Capacity
2018 Mercedes Metris 6 6
2019 Mercedes Metris 8 6
2020 Toyota Sienna 3 6
Total 17
Source: Via Rideshare – NoMad Transit LLC
NoMad Transit LLC. Services transitioned away from the Mercedes Metris vehicles following the audit period and the fleet is now composed of Toyota Sienna vehicles. In August 2022, the City announced that the on-demand fleet will be undergoing a transition to hybrid vehicles.

Introduction of the hybrid electric vehicles to the Via Rideshare fleet follows recent research from Via that found that the service has reduced travel emissions in West Sacramento by 22 percent when compared to the transit modes that were available before the service launched. 51 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 5
Section II
Operator Compliance Requirements
This section of the audit report contains the analysis of West Sacramento’s ability to comply with state requirements for continued receipt of TDA funds. The evaluation uses Caltrans’s Performance Audit Guidebook to assess transit operators. The guidebook contains a checklist of 11 measures taken from relevant sections of the PUC and the California Code of Regulations. Each requirement is discussed in the table below, including a description of the system’s efforts to comply with the requirements. In addition, the findings from the compliance review are described in the text following the table.

Table II-1
Operator Compliance Requirements Matrix
Operator Compliance
Requirements
Reference Compliance Efforts
The transit operator
submitted annual reports
to the RTPA based upon the
Uniform System of
Accounts and Records
established by the State
Controller. Report is due
within seven (7) months
after the end of the fiscal
year (on or before January
31). The report shall
contain underlying data
from audited financial
statements prepared in
accordance with generally
accepted accounting
principles, if this data is
available.

Public Utilities Code,
Section 99243
Completion/submittal dates:

FY 2019: SCO Report not submitted
FY 2020: SCO Report not submitted
FY 2021: SCO Report not submitted
*In lieu of submitting the Transit
Operators’ Financial Transactions
Report, the City of West Sacramento
completed and submitted the
Cities' Financial Transactions Report
to the State Controller. The Cities'
Financial Transactions Report does
not include financial and operating
data that pertain to Via Rideshare. It
is recommended that commencing
with FY 2022, the City use the Transit
Operators’ Financial Transactions
Report.

Conclusion: Not in Compliance.

The operator has submitted
annual fiscal and
compliance audits to the
RTPA and to the State
Public Utilities Code,
Section 99245
Completion/submittal dates:

FY 2019: December 23, 2019
FY 2020: December 17, 2020
52 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 6
Table II-1
Operator Compliance Requirements Matrix
Operator Compliance
Requirements
Reference Compliance Efforts
Controller within 180 days
following the end of the
fiscal year (Dec. 27) or has
received the appropriate
90-day extension by the
RTPA allowed by law.

FY 2021: February 8, 2022
The FY 2021 annual fiscal and
compliance audit was submitted
within the 90-day extension period
granted by SACOG as allowed by law.

Conclusion: Complied.

The CHP has, within the 13
months prior to each TDA
claim submitted by an
operator, certified the
operator’s compliance with
Vehicle Code Section
1808.1 following a CHP
inspection of the operator’s
terminal.

Public Utilities Code,
Section 99251 B
Due to the size of the vehicles
operated, the City is exempt from
the CHP Transit Operator
Compliance Program, in which the
CHP conducts inspections within the
13 months prior to each TDA claim.

Since the vehicles accommodate six
seated passengers, one wheelchair
passenger, and the driver, they do
not meet the definition of a transit
bus as defined in Section 642 of the
California Vehicle Code (CVC).

Routine maintenance and
inspections of vehicles are arranged
through Via Rideshare driver
partners as a condition of the Via
Transportation contract.

Conclusion: Not applicable.

The operator’s claim for
TDA funds is submitted in
compliance with rules and
regulations adopted by the
RTPA for such claims.

Public Utilities Code,
Section 99261
Each Yolo County Transportation
District (YCTD, District) member
jurisdiction submits their own
separate Local Transportation Fund
claim to SACOG.

As a condition of approval, the City
of West Sacramento’s annual claims
for Local Transportation Funds are
53 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 7
Table II-1
Operator Compliance Requirements Matrix
Operator Compliance
Requirements
Reference Compliance Efforts
submitted in compliance with the
rules and regulations adopted by
SACOG. The YCTD as the transit
operator submits claims for State
Transit Assistance in compliance
with the rules and regulations
adopted by SACOG.

Conclusion: Complied.

If an operator serves
urbanized and nonurbanized areas, it has
maintained a ratio of fare
revenues to operating costs
at least equal to the ratio
determined by the rules
and regulations adopted by
the RTPA.

Public Utilities Code,
Section 99270.1
Transit operators are required to
maintain a fare revenue to operating
expenses ratio in order to be eligible
for TDA funding. Fare revenues for
transit services provided by the
YCTD, to which the City contributes,
are collected by the District. The fare
revenue ratio for the YCTD is
reported in the District’s financial
statements. During the audit period,
the YCTD was subject to a formalized
15 percent system-wide farebox
ratio as per SACOG TDA Guidelines.

However, the City’s audited financial
statements and compliance reports
do not provide a breakdown of the
rideshare service’s farebox ratio.

The system-wide farebox ratios
based on audited and internal data
are as follows:

FY 2019: 22.78%
FY 2020: 14.54%
FY 2021: 13.20%
Source: FY 2019-2021 City of West
Sacramento Transportation
Development Act Fund - Audited
Financial Statements and
54 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 8
Table II-1
Operator Compliance Requirements Matrix
Operator Compliance
Requirements
Reference Compliance Efforts
Compliance Reports and FY 2019–
2021 Yolo County Transportation
District - Audited Financial
Statements and Compliance Reports
Conclusion: Complied.

The operator’s operating
budget has not increased
by more than 15% over the
preceding year, nor is there
a substantial increase or
decrease in the scope of
operations or capital
budget provisions for major
new fixed facilities unless
the operator has
reasonably supported and
substantiated the
change(s).

Public Utilities Code,
Section 99266
Percentage change in the City’s Via
Rideshare’s operating budget:

FY 2019: Service inception
FY 2020: +218.0%
FY 2021: -35.6%
The increase in the FY 2020
operating budget is attributed to the
pilot’s service expansion as
stipulated in the amended and
restated contract for service dated
May 1, 2019. The decrease in the FY
2021 operating budget is attributed
to reductions in the total number of
Via Rideshare service hours to meet
lower demand due to the COVID-19
pandemic, resulting in cost savings
through the fiscal year.

Source: City of West Sacramento TDA
Claims – Annual Project and
Expenditure Plan
Conclusion: Complied.

The operator’s definitions
of performance measures
are consistent with Public
Utilities Code Section
99247, including
(a) operating cost,
(b) operating cost per
Public Utilities Code,
Section 99247
A review of internal performance
data reports and interviews with the
Via Rideshare field manager
revealed that vehicle service hours
and miles are recorded when the
vehicles leave the staging yard,
55 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 9
Table II-1
Operator Compliance Requirements Matrix
Operator Compliance
Requirements
Reference Compliance Efforts
passenger, (c) operating
cost per vehicle service
hour, (d) passengers per
vehicle service hour, (e)
passengers per vehicle
service mile, (f) total
passengers, (g) transit
vehicle, (h) vehicle service
hours, (i) vehicle service
miles, and (j) vehicle service
hours per employee.
which would include deadhead
hours and mileage.

In addition, vehicle service hours per
employee data were not calculated
due to the unavailability of full-time
equivalent (FTE) data, which would
be reported in the Transit Operators’
Financial Transactions Report.

Proper calculation of this measure is
based on the number of employee
FTEs using employee pay hours from
the State Controller Report and
dividing by 2,000.

In lieu of submitting the Transit
Operators’ Financial Transactions
Report, the City of West Sacramento
completed and submitted the Cities'
Financial Transactions Report to the
State Controller. The Cities' Financial
Transactions Report does not include
financial and operating data that
pertain to Via Rideshare.

Conclusion: Partial Compliance.

If the operator serves an
urbanized area, it has
maintained a ratio of fare
revenues to operating costs
at least equal to one-fifth
(20 percent), unless it is in a
county with a population of
less than 500,000, in which
case it must maintain a
ratio of fare revenues to
operating costs of at least
equal to three-twentieths
Public Utilities Code,
Sections 99268.2,
99268.3, 99268.12,
99270.1
Transit operators are required to
maintain a fare revenue to operating
expenses ratio in order to be eligible
for TDA funding. Fare revenues for
transit services provided by the
YCTD, to which the City contributes,
are collected by the District. The fare
revenue ratio for the YCTD is
reported in the District’s financial
statements. This requirement is not
applicable, as West Sacramento falls
under the YCTD, which serves both
56 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 10
Table II-1
Operator Compliance Requirements Matrix
Operator Compliance
Requirements
Reference Compliance Efforts
(15 percent), if so
determined by the RTPA.
urban and rural areas subject to
SACOG’s farebox policy.

Conclusion: Not Applicable.

If the operator serves a
rural area, or provides
exclusive services to elderly
and disabled persons, it has
maintained a ratio of fare
revenues to operating costs
at least equal to one-tenth
(10 percent).

Public Utilities Code,
Sections 99268.2,
99268.4, 99268.5
Via Rideshare does not serve a rural
area. Fare revenues for transit
services provided by the YCTD, to
which the City contributes, are
collected by the YCTD. The fare
revenue ratio for the YCTD is
reported in the District’s financial
statements.

Source: FY 2019-2021 City of West
Sacramento Transportation
Development Act Fund - Audited
Financial Statements and
Compliance Reports
Conclusion: Not Applicable.

The current cost of the
operator’s retirement
system is fully funded with
respect to the officers and
employees of its public
transportation system, or
the operator is
implementing a plan
approved by the RTPA
which will fully fund the
retirement system within
40 years.

Public Utilities Code,
Section 99271
The City of West Sacramento
contributes to its employees’
retirement through the California
Public Employees Retirement System
(CalPERS). To be eligible for TDA
funds, the annual TDA claims form
requires a sign-off from the transit
claimant to comply with standard
assurances, one of which is that the
agency’s retirement system is
funded.

The passage of Proposition 22
requires that all licensed
transportation network companies
(TNCs) in the State of California
provide new benefits and
protections for drivers.
57 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 11
Table II-1
Operator Compliance Requirements Matrix
Operator Compliance
Requirements
Reference Compliance Efforts
Conclusion: Complied.

If the operator receives
state transit assistance
funds, the operator makes
full use of funds available to
it under the Urban Mass
Transportation Act of 1964
before TDA claims are
granted.

California Code of
Regulations, Section
6754(a)(3)
The City of West Sacramento is a
recipient of State Transit Assistance
funds which are provided to another
transit provider of service within the
city limits (YCTD). West Sacramento
does not utilize Federal Transit
Administration funds.

Conclusion: Not Applicable.
58 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 12
Findings and Observations from Operator Compliance Requirements Matrix

1. Of the nine compliance requirements pertaining to West Sacramento, the City fully complied with five requirements. The City was found not in compliance with regard to the submittal of the annual Transit Operators Financial Transactions Reports to the State Controller and was partially compliant with regard to reporting of performance measures (vehicle service hours and miles/full-time employee equivalents). Four additional compliance requirements did not apply to West Sacramento (i.e., annual CHP terminal inspections, rural/urban farebox recovery ratios, and use of federal funding).

2. Fare revenues for transit services provided by the YCTD, to which the City contributes, are collected by the District. The fare revenue ratio for the YCTD is reported in the District’s financial statements. The YCTD is subject to a 15 percent system-wide ratio that the system meets, and which has been formalized by SACOG. The City of West Sacramento Transportation Development Act Fund - Audited Financial Statements and Compliance Reports do not provide a breakdown of the rideshare service’s farebox ratio. Based on audited and internal reporting data, the YCTD’s system-wide farebox recovery ratio was 22.78 percent in FY 2019; 14.54 percent in FY 2020; and 13.20 percent in FY 2021.
2 The average system-wide farebox recovery
ratio was 16.84 percent.

3. Due to the size of the vehicles operated, the City’s rideshare program is exempt from the CHP Transit Operator Compliance Program, in which the CHP conducts inspections within the 13 months prior to each TDA claim. Vehicle maintenance is the responsibility of Via Rideshare’s driver partners as a condition in Via Transportation’s contract.

4. The operating budget exhibited notable fluctuations during the audit period. There was an increase of 218 percent in FY 2020 followed by a decrease of 35.6 percent in FY 2021. The increase in the FY 2020 operating budget is attributed to the pilot’s service expansion as stipulated in the amended and restated contract for service dated May 1, 2019. The decrease in the FY 2021 operating budget is attributed to reductions in the total number of Via Rideshare service hours to meet lower demand due to the COVID-19 pandemic, resulting in cost savings through the fiscal year.
2 Assembly Bill 90, passed into law and signed by the governor in June 2020 in response to the COVID-19 pandemic impacts, prohibits the imposition of penalties on a transit operator that does not maintain the required ratio of fare revenues to operating cost during FY 2019–20 or FY 2020–21. 59 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 13
Section III
Prior Triennial Performance Recommendations
There were no prior audit recommendations. This report constitutes the first triennial performance audit of the operator.
60 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 14
Section IV
TDA Performance Indicators
This section reviews Via Rideshare’s performance in providing transit service to the community in an efficient and effective manner. The TDA requires that at least five specific performance indicators be reported, which are contained in the following table. Farebox recovery ratio is not one of the five specific indicators but is a requirement for continued TDA funding. Therefore, farebox calculation is also included. Two additional performance indicators, operating cost per mile and average fare per passenger, are included as well. Findings from the analysis are contained in the section following the tables.

Table IV-1 provides the performance indicators for Via Rideshare. Operating costs and passenger fares, which determine the farebox recovery ratio calculation, are derived from financial data provided by the City and Via Rideshare. Graphs are also provided to depict the trends in the indicators.

It is noted that the vehicle service (revenue) hours and miles data is based on collection methods by Via which start at the vehicle staging lot. These data are not consistent with TDA definitions but are still used to calculate the performance indicators in this section. A recommendation is provided to adjust the recording of revenue hours and miles according to TDA. 61 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 15
Table IV-1
West Sacramento – Via Rideshare TDA Performance Indicators Performance Data and Indicators
Audit Period
% Change
FY 2019-
FY 2019 FY 2020 FY 2021 2021
Fully Loaded Cost $682,123 $1,558,540 $1,666,140 144.3% Operating Cost1 $627,123 $1,553,406 $1,611,140 156.9%
Total Passengers 92,063 139,340 110,661 20.2%
Vehicle Service Hours 25,611 36,254 33,740 31.7%
Vehicle Service Miles 411,934 559,346 497,482 20.8%
Passenger Fares2 $142,844 $225,872 $212,634 48.9%
Operating Cost per Passenger $6.81 $11.15 $14.56 113.7% Operating Cost per Vehicle Service Hour $24.49 $42.85 $47.75 95.0% Operating Cost per Vehicle Service Mile $1.52 $2.78 $3.24 112.7% Passengers per Vehicle Service Hour 3.6 3.8 3.3 -8.8%
Passengers per Vehicle Service Mile 0.22 0.25 0.22 -0.5% Average Fare per Passenger $1.55 $1.62 $1.92 23.8%
Fare Recovery Ratio 22.78% 14.54% 13.20% -42.1%
Consumer Price Index - (CPI-CA) 3.0% 1.7% 4.2% 9.1%
Source: Via Rideshare West Sacramento Internal Audit; Via Rideshare West Sacramento Budget FY 2018-2021
1Excludes food bank delivery hours & one-time service and supply planning fees 2Excludes tips
62 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 16
Graph IV-1
Operating Costs
Graph IV-2
Ridership
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
FY 2019 FY 2020 FY 2021
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
FY 2019 FY 2020 FY 2021
63 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 17
Graph IV-3
Operating Cost per Passenger
Graph IV-4
Operating Cost per Vehicle Service Hour
$-
$2.00
$4.00
$6.00
$8.00
$10.00
$12.00
$14.00
$16.00
FY 2019 FY 2020 FY 2021
$-
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
FY 2019 FY 2020 FY 2021
64 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 18
Graph IV-5
Passengers per Vehicle Service Hour
Graph IV-6
Fare Recovery Ratio

2.90 3.00

3.10 3.20

3.30 3.40

3.50 3.60

3.70 3.80

3.90 FY 2019 FY 2020 FY 2021

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%
FY 2019 FY 2020 FY 2021
65 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 19
Findings from Verification of TDA Performance Indicators

1. Operating costs increased by 156.9 percent from the first full year of operation in FY 2019 to FY 2021. On an average annual basis, costs increased 75.7 percent, with the highest increase of 147.7 percent occurring in FY 2020. This increase can be attributed to higher customer service costs as ridership increased as well as an increase of over 10,000 service hours from FY 2019 to FY 2020. Additionally, COVID-19 related costs (frequent cleanings/disinfectants, PPE supplies, applying and maintaining partitions, etc.) increased operating costs beginning in FY 2020. Operating costs only increased 3.7 percent from FY 2020 to FY 2021, while driver hours remained relatively constant.

2. Ridership increased 20.2 percent from 92,063 rides during FY 2019 to 110,661 rides during FY 2021. Ridership reached 139,340 in FY 2020 before the effects of the COVID-19 pandemic began impacting this indicator. On an average annual basis, ridership increased

15.4 percent with an increase of 51.4 percent occurring in FY 2020 and a decrease of 20.6 percent in FY 2021, a reflection of the effects of the pandemic on ridership.

3. The provision of vehicle service hours and miles both exhibited increases from FY 2019 to FY 2021 as the program expanded past its pilot year. Vehicle service hours increased 31.7 percent and vehicle service miles increased 20.8 percent. Both indicators saw their peak in FY 2020 before exhibiting decreases in FY 2021 due to the effects of the pandemic on service.

4. Operating cost per passenger, an indicator of cost effectiveness, increased 113.7 percent from $6.81 during FY 2019 to $14.56 during FY 2021. The trend is indicative of the outpacing of operating expenses compared to ridership, exacerbated by the effects of the pandemic on ridership as well as the pandemic’s effect on operating costs as discussed above.

5. Operating cost per hour, an indicator of cost efficiency, increased 95 percent from $24.49 during FY 2019 to $47.75 during FY 2021. The trend in this indicator is reflective of the increase in operating costs outpacing the increase in vehicle service hours, exacerbated by the effects of the pandemic on service as well as the pandemic’s effect on operating costs as discussed above.

6. Passengers per hour, which measures the effectiveness of the service delivered, decreased by 8.8 percent from 3.6 passengers during FY 2019 to 3.3 passengers per hour during FY 2021. Passengers per hour increased to 3.8 passengers per hour in FY 2020 before the effects of the pandemic on ridership can be seen in FY 2021.

7. Fare revenues for transit services provided by the YCTD, to which the City contributes, are collected by the District. The fare revenue ratio for the YCTD is reported in the District’s financial statements. The YCTD is subject to a 15 percent system-wide ratio that the system meets, and which has been formalized by SACOG. There was a 42.1 percent decrease in 66 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 20
the farebox recovery ratio from 22.78 percent in FY 2019 to 13.2 percent in FY 2021. The increases seen in operating costs outpaced the increases seen in fare revenue, which explains the decreases seen in the farebox recovery during the audit period. 67 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 21
Section V
Review of Operator Functions
This section provides an in-depth review of various functions within Via Rideshare. The review highlights accomplishments, issues, and/or challenges that were determined during the audit period. The following functions were reviewed at the City of West Sacramento City Hall and the Via Rideshare staging yard in West Sacramento:
• Operations
• Maintenance
• Planning
• Marketing
• General Administration and Management
Within some departments are sub-functions that require review as well, such as Grants Administration that falls under General Administration.

Operations
Via Rideshare is a network-optimized, on-demand rideshare service operating within the city limits of West Sacramento. Through the initial pilot program, Via provided an on-demand rideshare service for a period of one year, with 10 Mercedes Metris vans rented at no cost to the City by Nomad Transit LLC, a subsidiary of Via Transportation, Inc. The vans are driven by independently contracted TNC drivers. Riders are able to book a ride using a smartphone app or by phone. The pilot service launched on May 14, 2018.

Rides are tendered through the Via Rideshare app, which can be downloaded on an Apple or Android smartphone or a mobile tablet. Once the app is downloaded and an account is created, the device's location services is activated so the app can identify the pickup location. The user enterstheir destination and requests a ride. After the ride is scheduled, the user goes to the pickup location at the scheduled time. Without a smartphone, one can sign up for an account and book rides through a phone call.

The Via service is managed by a team composed of a partner success manager , general manager, and local field manager. The role of the partner success manager is to collaborate with the City in the use of Via's proprietary software (SaaS). The general manager’s role is to manage Via’s operation in West Sacramento and interface with City staff. The field manager’s role is to oversee and provide support to the driver partners in the field and at the Via staging lot. Onboarding and support of the driver partners is done by the Driver Ops team in combination with the field manager.
68 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 22
The pilot was implemented in three phases. The first phase involved the preliminary service design, planning, and preparation wherein the acquisition and customization of all labor, equipment, technology, and materials necessary to launch the service took place (over a two- to four-week period). The second phase involved the initial launch period during the first four to six weeks, wherein service parameters were subject to slight adjustments and scaled up over time in concert with initial market analysis and service promotions. Phase three involved the full launch over an 11-month period, wherein changes to the service parameters were limited and performance was continually monitored and reported quarterly.

Throughout the life of the pilot, staff received ridership reports and held weekly to biweekly calls with the Via general manager to stay abreast of the performance of the pilot and facilitate the deployment and expansion of the service. Starting with the initial launch, three quarterly performance reports are provided by Via to staff no later than one month following each consecutive three months of service.

Initial ridership for July 2018 was 3,480, which grew to approximately 16,000 rides by February 2020. With the onset of the COVID-19 pandemic, ridership reached its lowest point during the audit period with only 450 riders requesting the service. Although total riders was low, the service has an active ViaPass ridership base and completed over 5,000 rides in April 2020.

Fares are processed through Braintree, an online payment processor that is integrated into the Via Rideshare app. Braintree provides merchant account, payment gateway, and credit card storage services for online merchants.

COVID-19 Pandemic Impacts
As impacts from the novel coronavirus started to be realized in California, a state of emergency was declared on March 4, 2020. Subsequently, a mandatory statewide shelter-in-place order was implemented on March 19. In response, Via Rideshare implemented measures and protocols to mitigate the spread of the virus for its West Sacramento operation. In addition, the contract operator had extensive COVID-19 protocols in accordance with the Federal Transit Administration and the Centers for Disease Control and Prevention. Personal protective equipment has been made readily available.

During the pandemic, there were no changes in service hours; however, capacity constraints were implemented on the vehicles to just three passengers as well as masking requirements. Via Rideshare increased its fleet size in order to maintain a high level of service. Food delivery and local food bank support services were implemented to maintain driver and vehicle utilization.

Additional safety measures included daily vehicle cleaning and the installation of driver barriers. 69 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 23
Personnel
Via Rideshare driver partners are classified as independent contractors. All driver partners undergo thorough criminal background checks before driving on the Via platform. Applicants may complete their applications, provide required documentation, and sign required agreements through Via’s Driver Portal (https://my.drivewithvia.com/). Candidate screening consists of a fourstep process:

1. Create a profile.

2. Upload documents (driver’s license, insurance, etc.).

3. Attend virtual on-boarding session.

4. Download Via Driver App to accept rides.

On average, drivers can earn up to $17.50 an hour. Driver partners can earn an extra $300 after completing on-boarding and driving 10 hours. The number of driver partners available for West Sacramento Via Rideshare ranges between 20 and 40 drivers. Drivers are free to choose their work hours and Via has not experienced any issue with driver availability not meeting ridership demands. Independent contractors driver partners do not receive performance evaluations or performance management, and NoMad does not monitor or evaluate driver partners' performance. Negative feedback may result in adverse action only in the event that a driver partner has violated their independent contractor agreement or a regulatory standard maintained by law. Pay & promos are subject to change, however, the team ensures that pay meets the requirements of Proposition 22.

Maintenance
Vehicle maintenance is the responsibility of the driver partners. The driver partners conduct preand post-inspections on the vehicle at the Via Rideshare staging lot. The inspections involve drivers taking photos of the exterior and interior of the vehicle and uploading them to the Via Driver Portal.

The entrance to the staging lot is located across from 1800 South River Road in West Sacramento with only one point of ingress and egress. The 5-acre lot is City-owned and situated along the Sacramento River just north of the City Corporation Yard. There are no buildings or driver facilities on the site, although the City may consider providing a portable restroom for the drivers. The entrance to the lot has a gate with a lock combination and drivers are given information from the app to unlock the vehicles. The Rideshare vans are parked along the northern perimeter of the lot composed of 16 spaces. Via Rideshare recently received delivery of five new Toyota Sienna accessibility vans equipped with wheelchair ramps. In addition, Via Rideshare has been in the process of replacing its fleet with hybrid vehicles. As of August 2022, 8 of the City's 16 Via vans had been switched to hybrid models.

Due to the size of the vehicles operated for the Via Rideshare service, the City is exempt from the CHP Transit Operator Compliance Program, in which the CHP conducts inspections within the 13 70 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 24
months prior to each TDA claim. Since the vehicles accommodate six seated passengers, one wheelchair passenger, and the driver, they do not meet the definition of a transit bus as defined in Section 642 of the California Vehicle Code. Routine maintenance and inspections of vehicles are arranged through Via Rideshare driver partners and subject to contract stipulations with the City.

Planning
The impetus for the rideshare pilot was due to declines in fixed-route service in the City over a five-year period while operating costs per passenger grew. Though transit has been seen as a viable option for many and most residents live within 0.25-0.50 of a mile of a transit stop, ridership has continued to decline. Low-density suburban routes have seen poor ridership because of long travel times and small transit catchment areas. In addition, transit stops lacked complementary multimodal options to help transit riders complete the first and last few miles to and from destinations.

City staff developed a strategy that initiated development of the West Sacramento Mobility Action Plan (MAP), a prioritized set of near- to long-term investments to guide the implementation of a robust multimodal mobility network. The MAP sought to optimize transit network efficiency, define a role for alternative and emerging mobility services (both public and private), and support West Sacramento's preparedness in integrating future transportation technologies.

Two near-term pilot projects were proposed to feed into the West Sacramento MAP strategy. The first pilot project identified was a downtown shuttle that would modify an existing YCTD route to provide peak hour service to the Bridge District and downtown Sacramento. The second pilot project identified involved a flexible transportation or micro-transit service that integrates emerging on-demand technologies utilized by TNCs.

On June 23, 2017, the City released a Request for Proposals (RFP) per Council authorization to implement the second pilot, soliciting innovative transit solutions from a broad pool of qualified private and public mobility service providers, including TNCs, to assist with the design, launch, operations, maintenance, marketing, and evaluation of an on-demand micro-transit service.

Staff received ten proposalsin response to the RFP. An evaluation panel was assembled to identify a shortlist to interview in August 2017 and select a successful proposal by early September. Staff returned to Council in October to request an award of contract. Based on the selection criteria, the panel unanimously determined Via Transportation, Inc. to be the top-ranking proposal. This selection was confirmed in concept by the City Council at its November 1, 2017, meeting when staff presented an overview of the services set forth by Via in their response to the June 2017 RFP.

Marketing
West Sacramento’s Via Rideshare is marketed through several media. When the rideshare pilot was first launched, a flyer was produced and distributed to promote the service and the associated app that offered two free rides with a promotional code. The City and Via also produced a rider’s 71 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 25
guide that provided guidance on how to utilize the service and the app. The service is branded with the City’s Tower Bridge logo.

Via Rideshare has a dedicated web page on the City of West Sacramento website (https://www.cityofwestsacramento.org/via), which features information about fares, hours of operation, links to download the Via iOS (Apple) and Android apps, frequently asked questions, customer service inquiries, and accommodations for disabled persons. The web page also has a link to the Via website (https://ridewithvia.com/) that provides more information about the transportation technology company. In addition to the apps, there is a call-in number that allows users to book trips.

Other fare media and promotions include the Via Pass and discounts to senior citizens and persons with disabilities. Senior and disabled riders can get a discount code by calling or emailing the designated contact at the City’s Community Development Department. The City conducted a customer satisfaction survey six months after the launch of the pilot. The service has been well received since inception and even received a Helen Putnam Award for Excellence from the California League of Cities in 2019.

In October 2018, the City staff held a training session on how to utilize Via Rideshare. The training was held at the Bryte Memorial VFW Post and covered various aspects on how the service worked.

The presentation covered:
• Signing up for a Via account;
• Requesting a senior (62+) or disabled rider discount; • Booking rides by phone or smartphone; and
• Requesting a wheelchair-accessible vehicle.

The City has been in discussions on how to utilize Via to transport residents to the community pool in the Recreation Center at 2801 Jefferson Boulevard.

General Administration and Management
West Sacramento is a general law city incorporated on January 1, 1987, from the unincorporated Yolo County communities of Bryte, Broderick, and West Sacramento and functions under a council-manager form of government. The West Sacramento City Council serves as the City’s main legislative body with five elected representatives including a directly elected mayor. City Council members are elected at large and serve a four-year term and the mayor serves a two-year term.

The City Council generally convenes on the first and third Wednesday of every month beginning at 7:00 p.m. at West Sacramento Civic Center located at 1110 West Capitol Avenue. 72 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 26
The City’srideshare program is administered by a senior transportation planner in the Community Development Department. On January 17, 2018, the City Council approved a contract with NoMad Transit LLC, a wholly owned subsidiary of Via Transportation, Inc., in the amount of $720,000 for a one-year pilot. There was an amendment entered on Feb 20, 2019 to utilize $90,000 in fare revenues. The contract may be extended annually up to five additional years.The service contract was amended and restated on May 1, 2019, to reflect changes and extend the term for one year from May 14, 2019, through June 30, 2020. The contract is reviewed annually.

There were two subsequent contract amendments executed during the audit period. On June 17, 2020, the City Council approved Amendment No. 1, extending the term of the contract through June 30, 2022. The passage of Proposition 22, the App-Based Drivers as Contractors and Labor Policies Initiative, by voters in November 2020 required that all licensed TNCs in the State of California provide new benefits and protections for drivers. The contract was amended on January 20, 2021, to demonstrate compliance with Proposition 22 as well as the marginal increase to the rate the City paid to the contractor for operating the rideshare service on behalf of the City, effective retroactively from December 16, 2020, through the term of the most recent contract.

The primary source of transit funding support is derived from the Local Transportation Fund (LTF) and State Transit Assistance (STA) fund. The City submits the annual TDA claim for funds to SACOG.

TDA claims are based on the City’s annual budget projections and are prepared by the Transportation and Mobility Division of the Capital Projects and Transportation Department, in conjunction with the YCTD budget process. A portion of LTF revenues is used to support the Via Rideshare service under Article 8. Based on the data contained in the City of West Sacramento TDA claim packets and the City’s finance department, LTF revenues allocated during the audit period were $2,377,223 in FY 2019; $2,888,398 in FY 2020; and $2,971,944 in FY 2021. STA revenues allocated were $372,608 in FY 2019; $525,540 in FY 2020; and $282,114 in FY 2021.

Based on the annual project and expenditure plan contained in the TDA claims, the City allocated the following amounts towards the operation of Via Rideshare: $599,001 in FY 2019; $1,905,000 in FY 2020; and $1,227,395 in FY 2021. In lieu of the Transit Operators’ Financial Transactions Reports sent to the State Controller, the City has been preparing and submitting the Cities' Financial Transactions Report. The Cities' Financial Transactions Report does not include financial and operating data that pertain to the Via Rideshare service. It is recommended that commencing with FY 2022, the City use the Transit Operators’ Financial Transactions Report for reporting transit financial and operational data.

Grants Administration
Grant management for the Via Rideshare is administered by the City’s Finance Department. The Via Rideshare pilot does not receive federal funding and has relied primarily on TDA funding. Other than the TDA, the pilot was initially funded through local Measure E, which is a 0.25-cent general sales tax approved by City voters in November 2016 and a $149,000 SACOG Transportation Demand Management Innovative Mobility Program grant. The City can reinvest surplus revenues and cost savings, which have ranged from $200,000 to $300,000. According to the service 73 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 27
contract, all unspent fare revenues generated and remaining with the contractor, which would have already been remitted to the City, are reinvested toward next year’s operations. 74 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 28
Section VI
Findings
The following summarizes the findings obtained from this triennial audit covering fiscal years 2019 through 2021. A set of recommendations is then provided.

1. Of the nine compliance requirements pertaining to West Sacramento, the City fully complied with five requirements. The City was found not in compliance with regard to the submittal of the annual Transit Operators’ Financial Transactions Reports to the State Controller and was partially compliant with regard to reporting of performance measures (vehicle service hours and miles/full-time employee equivalents). Four additional compliance requirements did not apply to West Sacramento (i.e., annual CHP terminal inspections, rural/urban farebox recovery ratios, and use of federal funding).

2. Fare revenues for transit services provided by the YCTD, to which the City contributes, are collected by the District. The fare revenue ratio for the YCTD is reported in the District’s financial statements. The YCTD is subject to a 15 percent system-wide ratio that the system meets, and which has been formalized by SACOG. The City of West Sacramento Transportation Development Act Fund - Audited Financial Statements and Compliance Reports do not provide a breakdown of the rideshare service’s farebox ratio. Based on audited and internal reporting data, the YCTD’s system-wide farebox recovery ratio was 22.78 percent in FY 2019; 14.54 percent in FY 2020; and 13.20 percent in FY 2021.
3 The average system-wide farebox recovery
ratio was 16.84 percent.

3. Due to the size of the vehicles operated, the City’s rideshare program is exempt from the CHP Transit Operator Compliance Program, in which the CHP conducts inspections within the 13 months prior to each TDA claim. Vehicle maintenance is the responsibility of Via Rideshare’s driver partners as a condition in Via Transportation’s contract.

4. The operating budget exhibited notable fluctuations during the audit period. There was an increase of 218 percent increase in FY 2020 followed by a decrease of 35.6 percent in FY 2021.

The increase in the FY 2020 operating budget is attributed to the pilot’s service expansion as stipulated in the amended and restated contract for service dated May 1, 2019. The decrease in the FY 2021 operating budget is attributed to reductions in the total number of Via Rideshare service hours to meet lower demand due to the COVID-19 pandemic, resulting in cost savings through the fiscal year.
3 Assembly Bill 90, passed into law and signed by the governor in June 2020 in response to the COVID-19 pandemic impacts, prohibits the imposition of penalties on a transit operator that does not maintain the required ratio of fare revenues to operating cost during FY 2019–20 or FY 2020–21. 75 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 29

5. There were no prior audit recommendations. This report constitutes the first triennial performance audit of the operator.

6. Operating costs increased by 156.9 percent from the first full year of operation in FY 2019 to FY 2021. On an average annual basis, costs increased 75.7 percent, with the highest increase of 147.7 percent occurring in FY 2020. This increase can be attributed to higher customer service costs as ridership increased as well as an increase of over 10,000 service hours from FY 2019 to FY 2020. Additionally, COVID-19 related costs (frequent cleanings/disinfectants, PPE supplies, applying and maintaining partitions, etc.) increased operating costs beginning in FY 2020. Operating costs only increased 3.7 percent from FY 2020 to FY 2021, while driver hours remained relatively constant.

7. Ridership increased 20.2 percent from 92,063 trips during FY 2019 to 110,661 trips during FY 2021. Ridership reached 139,340 in FY 2020 before the effects of the COVID-19 pandemic began impacting this indicator. On an average annual basis, ridership increased 15.4 percent with an increase of 51.4 percent occurring in FY 2020 and a decrease of 20.6 percent in FY 2021, a reflection of the effects of the pandemic on ridership.

8. The provision of vehicle service hours and miles both exhibited increases from FY 2019 to FY 2021 as the program expanded past its pilot year. Vehicle service hours increased 31.7 percent and vehicle service miles increased 20.8 percent. Both indicators saw their peak in FY 2020 before exhibiting decreases in FY 2021 due to the effects of the pandemic on service.

9. Operating cost per passenger, an indicator of cost effectiveness, increased 113.7 percent from $6.81 during FY 2019 to $14.56 during FY 2021. The trend is indicative of the outpacing of operating expenses compared to ridership, exacerbated by the effects of the pandemic on ridership as well as the pandemic’s effect on operating costs as discussed above.

10. Operating cost per hour, an indicator of cost efficiency, increased 95 percent from $24.49 during FY 2019 to $47.75 during FY 2021. The trend in this indicator isreflective of the increase in operating costs outpacing the increase in vehicle service hours, exacerbated by the effects of the pandemic on service as well as the pandemic’s effect on operating costs as discussed above.

11. Via Rideshare is a network-optimized, on-demand rideshare service operating within the city limits of West Sacramento. Through the initial pilot program, Via provided an on-demand rideshare service for a period of one year, with 10 Mercedes Metris vans rented at no cost to the City by Nomad Transit LLC, a subsidiary of Via Transportation, Inc. Riders are able to book a ride using a smart phone app and over the phone. The pilot service launched on May 14, 2018.

12. The City’s rideshare program is administered by a senior transportation planner in the Community Development Department and by a team composed of a partner success manager, general manager, and local field manager. On January 17, 2018, the City Council approved a 76 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 30
contract with NoMad Transit LLC, a wholly owned subsidiary of Via Transportation, Inc., in the amount of $720,000 for a one-year pilot. There was an amendment entered on Feb 20, 2019 to utilize $90,000 in fare revenues. The contract may be extended annually up to five additional years. The contract is reviewed annually.

13. Via Rideshare driver partners are classified as independent contractors. All driver partners undergo thorough criminal background checks before driving on the Via platform. Applicants may complete their applications, provide required documentation, and sign required agreements through Via’s Driver Portal (https://my.drivewithvia.com/). Candidate screening consists of a four-step process. The number of driver partners available for West Sacramento Via Rideshare ranges between 20 and 40 drivers.

14. Vehicle maintenance is the responsibility of the driver partners. The driver partners conduct pre- and post-inspections on the vehicle at the Via Rideshare staging lot. The inspections involve drivers taking photos of the exterior and interior of the vehicle and uploading them to the Via Driver Portal. The Rideshare vans are parked along the northern perimeter of the lot composed of 16 spaces.

15. West Sacramento’s Via Rideshare is marketed through several media, including a rider’s guide, mobile app, and a dedicated web page on the City of West Sacramento website (https://www.cityofwestsacramento.org/via). Other fare media and promotions include the Via Pass and discounts to senior citizens and disabled people. The service is branded with the City’s Tower Bridge logo.
77 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 31
Recommendations

1. Complete the annual Transit Operators’ Financial Transactions Report for submittal to the State Controller. (High Priority - Compliance Requirement) Pursuant to Public Utilities Code, Section 99243 (a), transit operators are required to submit an annual report, called the Transit Operators’ Financial Transactions Report, to the regional transportation planning agency (RTPA) based upon the Uniform System of Accounts and Records established by the State Controller. This report is due within seven months after the end of the fiscal year (on or before January 31). The report shall contain underlying data from audited financial statements prepared in accordance with generally accepted accounting principles, if this data is available.

In lieu of submitting the Transit Operators’ Financial Transactions Report, the City of West Sacramento completed and submitted the Cities' Financial Transactions Report to the State Controller during the audit period. The Cities' Financial Transactions Report does not include financial and operating data that pertain to the Via Rideshare service. It is recommended that commencing with FY 2022, the City use the Transit Operators’ Financial Transactions Report for reporting transit financial and operational data. The City would need to set up an account through the Local Government Financial Reporting System as a transit operator. See link:
https://lgrsonline.sco.ca.gov/Account/Login?RememberMe=False&Optentitytype=TRS.

General instructions for reporting transit expenditures, revenues and operating data are found at the link: https://www.sco.ca.gov/Files-ARD-Local/LocRep/TO_FTR_Instructions_20-21.pdf.

2. Ensure that performance measures are consistent with TDA statute definitions, in particular with regard to vehicle service hours and mileage as well as employee hours. (High Priority) The auditor queried the Via Rideshare contractor about how vehicle service hours and miles are reported. It was revealed that vehicle service hours and miles are recorded when the vehicles leave the staging yard, which would include deadhead hours and mileage. According to the TDA statute, actual vehicle revenue hours are:

The hours that vehicles travel while in revenue service. Vehicle revenue hours include layover/recovery time but exclude deadhead, training operators prior to revenue service and road tests, as well as school bus and charter services.

Actual vehicle revenue miles are:

The miles that vehicles travel while in revenue service. Vehicle revenue miles exclude deadhead, training operators prior to revenue service and road as well as school bus and charter services.
78 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 32
In addition, vehicle service hours per employee data were not calculated due to the unavailability of full-time equivalent (FTE) data, which would be reported in the Transit Operators’ Financial Transactions Report. Proper calculation of this measure is based on the number of employee FTEs using employee pay hours from the State Controller Report and dividing by 2,000 hours. In lieu of submitting the Transit Operators’ Financial Transactions Report, the City of West Sacramento completed and submitted the Cities' Financial Transactions Report to the State Controller.

It is recommended that the contractor have the driver partners begin to record vehicle revenue hours and miles according to TDA definitions including starting at the first customer pickup and ending at the last customer drop-off, including layover/recovery. Layover and recovery are "out-of-service" time allowances allocated to a vehicle at a certain location or locations along the route, generally at a terminal location. Layover time is rest or "break" time allocated to the operator somewhere along the line, usually at a terminal location at the end of a trip. Recovery time can be thought of as "buffer" break time built into the schedule. It may or may not be used by the operator. In addition, it is suggested that the City work closely with Via Rideshare to ensure the accuracy of the operating data reported.

3. Insert TDA and transit reporting standards in the Via Transportation contract. (Medium priority)
Building upon the above recommendations for the City and contractor to follow TDA definitions in tracking and collecting key performance data, the requirements to properly report operations data should be added to the conditions in the service contract. While dashboard measures are listed in the contract of available information for City use, they do not specify or define how the data are to be presented. For example, the contract should include defining vehicle revenue hours and miles separately from total vehicle revenue hours and miles according to TDA, which the City or contractor can then determine transit cost efficiency and effectiveness measures that comply with TDA and transit industry reporting standards.

Of the available metrics complimenting those already being collected by the City and discussed with Via Transportation, the following are suggested measures that the City should require to be calculated and reported in regular intervals, such as monthly, quarterly, and annually. • Passengers per revenue hour
• Passengers per revenue mile
• Operating cost per revenue hour
• Operating cost per revenue mile
• Operating cost per passenger
• Accidents/Vehicle roadcalls/breakdowns
• On-time performance
• Passenger complaints and compliments
79 Triennial Performance Audit of Via Rideshare - West Sacramento – FYs 2019–2021 Michael Baker International - 33
These key measures create additional dashboard indicators that mirror public transit operations from which service goals and standards could be formed to better measure productivity over time. For example, a goal standard for passengers per revenue hour and cost per revenue hour could be a rolling 6 to 12 month average under TDA definitions. The City should work with the contractor to develop productivity standards using these measures to build a log of operational efficiency and effectiveness tracking. Section IV of this audit provides the TDA required measures as a starting point.
80 Scenario 1
WSC Via Year 6 Contract Value
Price per
Driver Hour
Price per
Service Hour Price per Ride
Total Not-toExceed Price
(12 Months)
Year 6 Service Planning* N/A N/A N/A $55,000
Supply Planning* N/A N/A N/A $0
Total Upfront Costs $55,000
Project Management $3.55 N/A N/A $177,500
Performance Monitoring and Reporting $0.72 N/A N/A $36,000 Marketing & Promotions Plan and Implementation $0.14 N/A N/A $7,000 Program Operations** $47.82 N/A N/A $2,391,000
Total Cost per Driver Hour $52.23 $2,611,500
Customer Service (1.25 FTE X $30.39 per hour) N/A $37.99 N/A $227,180 Total Cost per Service Hour $37.99 $227,180
Estimated Access for All Regulatory Fee*** $0.10 $17,254 Total Cost to West Sacramento (Incl. Fare Revenue), Before PUCTRA Fees $2,910,934 Estimated PUCTRA Regulatory Fee**** $8,758
Total Cost to West Sacramento (Incl. Fare Revenue), Incl. PUCTRA Fees $2,919,692 Sources of Funding:

Fare Revenue $248,972
Funding from City of West Sacramento (Excl. Fare Revenue) $2,670,720 Total $2,919,692
Driver Hours Summary:

Total Implied Driver Hours 50,000
Implied Driver Hours (Weekly) 962
Service Hours Summary:

Total Implied Service Hours 5,980
Total Implied Service Hours (Weekly) 115
* Items to be invoiced in full upon the start of Year 6. ** Includes driver pay, vehicle cost (incl. WAV retrofits and spares where applicable), insurance, dedicated IT operations and supply admin, technology access, local & central operations support, T&E, rent, and office expenses. *** TNC Access for All Fees to be invoiced to West Sacramento on a pass through basis. **** PUCTRA Fees to be invoiced to West Sacramento on a pass through basis.

Attachment 2
81 Scenario 2
WSC Via Year 6 Contract Value
Price per
Driver Hour
Price per
Service Hour Price per Ride
Total Not-toExceed Price
(12 Months)
Year 6 Service Planning* N/A N/A N/A $55,000
Supply Planning* N/A N/A N/A $0
Total Upfront Costs $55,000
Project Management $3.55 N/A N/A $203,060
Performance Monitoring and Reporting $0.72 N/A N/A $41,184 Marketing & Promotions Plan and Implementation $0.14 N/A N/A $8,008 Program Operations** $47.82 N/A N/A $2,735,304
Total Cost per Driver Hour $52.23 $2,987,556
Customer Service (1.25 FTE X $30.39 per hour) N/A $37.99 N/A $227,180 Total Cost per Service Hour $37.99 $227,180
Estimated Access for All Regulatory Fee*** $0.10 $21,736 Total Cost to West Sacramento (Incl. Fare Revenue), Before PUCTRA Fees $3,291,472 Estimated PUCTRA Regulatory Fee**** $9,899
Total Cost to West Sacramento (Incl. Fare Revenue), Incl. PUCTRA Fees $3,301,372 Sources of Funding:

Fare Revenue $313,642
Funding from City of West Sacramento (Excl. Fare Revenue) $2,987,730 Total $3,301,372
Driver Hours Summary:

Total Implied Driver Hours 57,200
Implied Driver Hours (Weekly) 1,100
Service Hours Summary:

Total Implied Service Hours 5,980
Total Implied Service Hours (Weekly) 115
* Items to be invoiced in full upon the start of Year 6. ** Includes driver pay, vehicle cost (incl. WAV retrofits and spares where applicable), insurance, dedicated IT operations and supply admin, technology access, local & central operations support, T&E, rent, and office expenses. *** TNC Access for All Fees to be invoiced to West Sacramento on a pass through basis. **** PUCTRA Fees to be invoiced to West Sacramento on a pass through basis. 82 NoMad Transit LLC
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AMENDMENT NO. 5
to the

AMENDED AND RESTATED CONTRACT FOR

SERVICES
between the

CITY OF WEST SACRAMENTO
and

NOMAD TRANSIT LLC
Dated May 1, 2019
This Amendment No. 5 (the “Amendment”) to the Amended and Restated Contract for Services dated May 1, 2019 (the “Existing Contract”) by and between the City of West Sacramento (“the City”) and NoMad Transit LLC (“the Contractor”) is made and entered into this July 1, 2023.

Except as expressly amended herein, the Existing Contract is in full force and effect.

RECITALS
WHEREAS, on January 17, 2018, the City awarded a contract to NoMad Transit LLC, a wholly owned subsidiary of Via Transportation, Inc., for a one (1) year Pilot operation based on the Contractor’s proposal submitted in response to the City’s Request for Proposals dated May 26, 2017; and
WHEREAS, the January 17, 2018 executed agreement provided that, by mutual agreement, the Contract may be extended annually for a total of up to five (5) additional years; and
WHEREAS, the City Council approved an Amended and Restated Contract on May 1, 2019 to NoMad Transit LLC, a wholly owned subsidiary of Via Transportation Inc., to continue operations of the West Sacramento On-Demand Rideshare program, launched on May 14, 2018; and
WHEREAS, whereas the May 1, 2019, awarded contract has an expiration date of June 30, 2020, after which operations would otherwise cease and provided that, by mutual agreement, the Contract may be extended annually for a total of up to four (4) additional years; and WHEREAS, on June 17, 2020, the City Council approved a 2-year contract renewal with NoMad Transit LLC to continue operations of the West Sacramento On-Demand Rideshare program from July 1, 2020 through June 30, 2022; and
WHEREAS, on July 14, 2021, the City Council approved an amendment to the contract with NoMad Transit LLC establishing the schedule of fees for fiscal year 2021/22; and WHEREAS, on June 15, 2022, the City Council approved a 1-year contract renewal with NoMad Transit LLC to continue operations of the West Sacramento On-Demand Rideshare program from July 1, 2022 through June 30, 2023; and
WHEREAS, on June 7, 2023, the City Council approved an amendment on a 1-year contract renewal with NoMad Transit LLC to continue operations of the West Sacramento OnDemand Rideshare program from July 1, 2023 through June 30, 2024; and WHEREAS, the City and Contractor desire to modify the Existing Contract as provided 83 NoMad Transit LLC
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herein.

NOW, THEREFORE, IT IS MUTUALLY AGREED by the parties hereto to amend said agreement as set forth below. Stricken text (indicated textually in the same manner as the following example: stricken text) is to be deleted and bold and underlined text (indicated textually in the same manner as the following example: Bold and underlined text) is to be added as follows:

Part I: Amendments
A. Amendments to Existing Contract Provisions

1. Section 2.A is revised as follows: “The services of Contractor are to commence on May 14, 2019 and terminate on June 30, 2024 and shall be undertaken and completed in accordance with the service parameters set forth by Exhibit "A"…”

2. Section 4.A is revised as follows: “The Contractor shall be paid monthly in arrears for the actual fees, costs and expenses, including but not limited to purchased transportation services, and otherwise as set forth in the Schedule of Fees, which in no event shall total compensation exceed the Funding from City of West Sacramento (Excl. Fare Revenue) as identified in Exhibit “B”, without City’s prior written approval…”

3. Section 4.B is revised as follows: “Said amounts shall be paid by City upon submittal of Contractor’s monthly invoices provided in accordance with Task 1.3, and in no event later than 30 days from its receipt thereof.”

4. Section 4.H. is revised as follows: “At the expiration or earlier termination of the Contract, all unspent service revenue remaining with the Contractor shall be remitted to the City within sixty (60) days. In the event that actual fare revenues collected exceed the estimated amount stated in Exhibit “B”, all additional fare revenues will be reinvested toward the FY 2023/24 Program operations such that the total amount payable by the City (Section 4A) is reduced by an equivalent amount, unless otherwise directed by the City. Should the actual 2023/24 fare revenues collected be less than the estimated amount stated in Exhibit “B”, the City shall not be billed in excess of the total amount payable by the City (Section 4A) and the Parties shall discuss in good faith how to adapt the services in light of the lower budget and shall mutually agree upon any resulting changes to the services.

5. Section 4.I. is revised as follows: All unspent fare revenues generated by the Program between July 1, 2022 and June 30, 2023 remaining with the Contractor, and which would have otherwise been remitted directly to the City, shall be reinvested toward the FY 2023/24 Program operations and such amount shall be credited towards the invoice(s) payable by the City during FY 2023/24 until all such unspent fare revenues have been credited.
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6. Section 4.J. is revised as follows: Exclusive of fare referenced in Section I above, the total amount of fare revenue reinvested during the FY 2023/24 Program shall not exceed three hundred thirteen thousand six hundred forty two ($313,642) dollars as stated in Exhibit “C” “B”. The estimated fare revenues from FY 2022-23 to be reinvested in FY 2023-24 shall be one hundred fifty thousand ($150,000) dollars and additional funding from the City shall not exceed two million, eight hundred thirty-seven thousand, seven hundred thirty ($2,837,730) dollars. In no event shall the total combined compensation of reinvested fare revenues and payments made by the City for FY 2023/24 exceed three million, three hundred, and one thousand and three hundred seventy-two dollars ($3,301,372) without City’s prior written approval.

B. Amendments to Contract Exhibits

1. Exhibit A to the Existing Contract is hereby renamed “FY 2023/24 Scope of Work” and is amended as follows:

Task 4.1 Ridership Data Reports is revised as follows: The following shall be added at the end:

The Contractor shall assist the City in tracking and collecting key performance data such that City can review performance metrics consistent with the Transportation Development Act (TDA). This data shall be provided to the City quarterly and shall include the following metrics:
 Vehicle revenue hours - The hours that vehicles are scheduled to or actually travel while in revenue service. Vehicle revenue hours include:
layover/recovery time. Vehicle revenue hours exclude: deadhead, operator training, vehicle maintenance testing; and other non-revenue uses of vehicles.
 Vehicle revenue miles - The miles that vehicles are scheduled to or actually travel while in revenue service. Vehicle revenue miles include:
layover/recovery time. Vehicle revenue hours exclude: deadhead, operator training, vehicle maintenance testing; and other non-revenue uses of vehicles.
 Passengers per Revenue Hour
 Passengers per Revenue Mile
 Accidents
 On-time performance
 Passenger complaints and compliments

2. Exhibit B to the Existing Contract – FY 2022/23 SCHEDULE OF FEES is hereby replaced by the attached “FY 2023/24 SCHEDULE OF FEES”
Part II: Remaining Terms Unchanged.

Except as expressly revised herein, the Existing Contract remains in full force and effect. In the event of a conflict between the Existing Contract and the terms of this Amendment No. 5, the terms set forth herein shall control.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement to be effective as of June 7, 2023.

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager
NoMad Transit LLC
By:

Erin Abrams, Manager

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
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Exhibit B: FY 2023/24 Schedule of Fees
WSC Via Year 6 Contract Value
Price per
Driver
Hour
Price per
Service
Hour
Price per
Ride
Total Not-toExceed Price
(12 Months)
Year 6 Service Planning* N/A N/A N/A $55,000
Supply Planning* N/A N/A N/A $0
Total Upfront Costs $55,000
Project Management $3.55 N/A N/A $203,060
Performance Monitoring and Reporting $0.72 N/A N/A $41,184 Marketing & Promotions Plan and Implementation $0.14 N/A N/A $8,008 Program Operations** $47.82 N/A N/A $2,735,304
Total Cost per Driver Hour $52.23 $2,987,556
Customer Service (1.25 FTE X $30.39 per hour) N/A $37.99 N/A $227,180 Total Cost per Service Hour $37.99 $227,180
Estimated Access for All Regulatory Fee*** $0.10 $21,736 Total Cost to West Sacramento (Incl. Fare Revenue),
Before PUCTRA Fees $3,291,472
Estimated PUCTRA Regulatory Fee**** $9,899
Total Cost to West Sacramento (Incl. Fare Revenue),
Incl. PUCTRA Fees $3,301,372
Sources of Funding:

Fare Revenue from FY 22 23 $150,000
Fare Revenue from FY 23 24 $313,642
Funding from City of West Sacramento (Excl. Fare
Revenue) $2,837,730
Total $3,301,372
Driver Hours Summary:

Total Implied Driver Hours 57,200
Implied Driver Hours (Weekly) 1,100
Service Hours Summary:

Total Implied Service Hours 5,980
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Total Implied Service Hours (Weekly) 115
* Items to be invoiced in full upon the start of Year 6. ** Includes driver pay, vehicle cost (incl. WAV retrofits and spares where applicable), insurance, dedicated IT operations and supply admin, technology access, local & central operations support, T&E, rent, and office expenses.
*** TNC Access for All Fees to be invoiced to West Sacramento on a pass through basis. **** PUCTRA Fees to be invoiced to West Sacramento on a pass through basis. 88 Attachment A
County's Estimated June 30, 2023 Balance $0
Local Transportation Fund Income 2023-2024 $109,000,000 Less: County Administrative Costs -$22,000
Less: SACOG Administrative Costs -$1,217,284
Balance for Allocation $107,760,716
Jurisdication Population 1/
% of Total
Population
County
Finding of
Apportionment
SACOG
Planning
Available to
Jurisdiction
Pedestrians
& Bicycles 2/
Available to
Jurisdiction for
Article 4 and
Article 8
Sacramento County
(Unincorporated) 604,272 38.33% $41,301,560 $64,430 $41,237,130 $826,031 $2,040,297 Citrus Heights 86,367 5.48% $5,903,123 $0 $5,903,123 $118,062 $0 Elk Grove 176,972 11.22% $12,095,910 $0 $12,095,910 $241,918 $0 Folsom 84,592 5.37% $5,781,803 $0 $5,781,803 $115,636 $0 Galt 25,239 1.60% $1,725,068 $51,752 $1,673,316 $34,501 $1,638,814 Isleton 780 0.05% $53,312 $1,599 $51,713 $1,066 $50,647 Rancho Cordova 80,359 5.10% $5,492,480 $0 $5,492,480 $109,850 $0 City of Sacramento 518,037 32.86% $35,407,459 $0 $35,407,459 $708,149 $0 TOTALS 1,576,618 100.00% $107,760,716 $117,782 $107,642,934 $2,155,214 $3,729,758 Jurisdication
Finding of
Apportionment
Finding of
Apportionment
Less Ped &
Bicycle
% of Population
Within
SRTD District
Allocation of
Finding of
Apportionment
SACOG
Planning
Amount
Available for To
Paratransit, Inc.

Amount
Available To
SRTD
Sacramento County
(Unincorporated) $41,301,560 $40,475,529 94.8% $38,370,801 $1,174,616 $1,918,540 $35,277,645 Rancho Cordova $5,492,480 $5,382,631 100% $5,382,631 $164,774 $269,132 $4,948,725 City of Sacramento $35,407,459 $34,699,310 100% $34,699,310 $1,062,224 $1,734,966 $31,902,121 City of Citrus Heights $5,903,123 $5,785,060 100% $5,785,060 $177,094 $289,253 $5,318,714 City of Folsom $5,781,803 $5,666,167 100% $5,666,167 $173,454 $283,308 $5,209,404 City of Elk Grove $12,095,910 $11,853,992 100% $11,853,992 $362,877 $592,700 $10,898,415 TOTALS $105,982,336 $103,862,689 $101,757,961 $3,115,040 $5,087,898 $93,555,024 PI-30% $1,526,369
SacRT=70% $3,561,529 $97,116,552
Regional Transit $97,116,552
Paratransit $1,526,369
SACOG $3,232,821
Ped/Bike $2,155,214
Other Jurisdictions $3,729,758
Total $107,760,716

1. Sources: Report E-5, Department of Finance, Demographic Research Unit, 2022

2. Amount available to jurisdictions for pedestrian and bicycle purposes (Article 3,Section 99233.3)

COUNTY OF SACRAMENTO
March 2023

FINDINGS OF APPORTIONMENT

LOCAL TRANSPORTATION FUNDS (LTF)
Fiscal Year 2023-2024
SACRAMENTO REGIONAL TRANSIT DISTRICT and PARATRANSIT
Sac County; 2:38 PM2/6/2023 FY 23-24 LTF-FOA-4-County.xlsx Attachment 4
89 Attachment A
County's Estimated June 30, 2023 Balance $270,819
Local Transportation Fund Income 2023-2024 5,899,559
Less: County Administrative Costs -2,500
Less: SACOG Administrative Costs -68,895
Balance for Allocation $6,098,983
Jurisdication Population 1/
% of Total
Population
County
Finding of
Apportionment
SACOG
Planning
Available to
Jurisdiction for
Article 4 and
Article 8 2/
Sutter County
(Unincorporated) 20,088 20.26% $1,235,729 $37,072 $1,198,657 Live Oak 9,394 9.48% $577,879 $17,336 $560,543
Yuba City 69,663 70.26% $4,285,374 $128,561 $4,156,813
TOTALS 99,145 100.00% $6,098,983 $182,969 $5,916,013

1. Sources: Report E-5, Department of Finance, Demographic Research Unit, 2022

COUNTY OF SUTTER

FINDINGS OF APPORTIONMENT

LOCAL TRANSPORTATION FUNDS (LTF)

2. Funds available for projects and programs under Article 4 and Article 8.

All or a portion may be available to the Sutter County depending on outcome of unmet needs finding.

March 2023
Fiscal Year 2022-2023
Sutter; 2:38 PM2/6/2023 FY 23-24 LTF-FOA-4-County.xlsx 90 Attachment A
County's Estimated June 30, 2023 Balance $2,791,516 $16,074,020 Local Transportation Fund Income 2023-2024 13,282,504
Less: County Administrative Costs -10,000
Less: SACOG Administrative Costs -179,435
Balance for Allocation $15,884,585
Jurisdication Population 1/
% of Total
Population
County
Finding of
Apportionment
SACOG
Planning
Available to
Jurisdiction for
Article 4 and
Article 8 2/
Yolo County
(Unincorporated) 35,900 16.23% $2,578,422 $77,353 $2,501,069 Davis 64,869 29.33% $4,659,043 $139,771 $4,519,271
West Sacramento 52,837 23.89% $3,794,876 $113,846 $3,681,030 Winters 7,422 3.36% $533,065 $15,992 $517,073
Woodland 60,137 27.19% $4,319,179 $129,575 $4,189,604
TOTALS 221,165 100.00% $15,884,585 $476,538 $15,408,047

COUNTY OF YOLO

FINDINGS OF APPORTIONMENT

LOCAL TRANSPORTATION FUNDS (LTF)

2. Funds available for projects and programs under Article 4 and Article 8.

All or a portion may be available to the Yolo County depending on outcome of unmet needs finding.

1. Sources: Report E-5, Department of Finance, Demographic Research Unit, 2022 Fiscal Year 2022-2023
March 2023
Yolo; 2:38 PM2/6/2023 FY 23-24 LTF-FOA-4-County.xlsx 91 Attachment A
County's Estimated June 30, 2023 Balance $262,662 2,813,676 Local Transportation Fund Income 2023-2024 2,551,014
Less: County Administrative Costs -750
Less: SACOG Administrative Costs -31,420
Balance for Allocation $2,781,506
Jurisdication Population 1/
% of Total
Population
County
Finding of
Apportionment
SACOG
Planning
Available to
Jurisdiction for
Article 4 and
Article 8 2/
Yuba County
(Unincorporated) 65,787 79.96% $2,224,089 $66,723 $2,157,366 Marysville 12,824 15.59% $433,546 $13,006 $420,540
Wheatland 3,664 4.45% $123,870 $3,716 $120,154
TOTALS 82,275 100.00% $2,781,506 $83,445 $2,698,060

1. Sources: Report E-5, Department of Finance, Demographic Research Unit, 2022

FINDINGS OF APPORTIONMENT

LOCAL TRANSPORTATION FUNDS (LTF)

COUNTY OF YUBA

2. Funds available for projects and programs under Article 4 and Article 8.

All or a portion may be available to the Yuba County depending on outcome of unmet needs finding.

March 2023
Fiscal Year 2023-2024
Yuba; 2:38 PM2/6/2023 FY 23-24 LTF-FOA-4-County.xlsx 92 County Administration
Fees Planning Fees Total Fees
Sacramento $1,217,284 $3,232,822 $4,450,106
Sutter $68,895 $182,969 $251,864
Yolo $179,435 $476,537 $655,972
Yuba $31,420 $83,445 $114,865
Total $1,497,034 $3,975,773 $5,472,807
FY22-23-Includes Sac. County revisions $5,187,707
difference $285,100
Change in revenue estimates 5.50%
Fiscal Year 2023-2024-March
93 Attachment A

POPULATION
AS A ALLOCATION 2/ ALLOCATION 2/ STA
JURISDICTION POPULATION 1/ % OF TOTAL PUC 99313 PUC 99314 Total

SACRAMENTO COUNTY
Unincorporated 604,272 30.53% $7,210,256 3/ $97,600 $7,307,856 Citrus Heights-SacRT 86,367 4.36% $1,030,543 4/ $1,030,543 Elk Grove-SacRT 176,972 8.94% $2,111,654 4/ $0 $2,111,654 Folsom-SacRT 84,592 4.27% $1,009,363 4/ $0 $1,009,363
Galt 25,239 1.28% $301,155 $301,155
Isleton 780 0.04% $9,307 $9,307
Rancho Cordova-SacRT 80,359 4.06% $958,855 4/ $958,855
Sacramento-SacRT 518,037 26.17% $6,181,288 4/ $6,181,288 Sacramento Regional Transit District NA NA NA $7,267,691 $7,267,691

YOLO COUNTY
Unincorporated 35,900 1.81% $428,364 $428,364
Davis 64,869 3.28% $774,026 $242,764 $1,016,790
West Sacramento 52,837 2.67% $630,458 $630,458
Winters 7,422 0.37% $88,560 $88,560
Woodland 60,137 3.04% $717,563 $717,563
Yolo County Transportation District NA NA NA $384,950 $384,950

SUTTER COUNTY
Unincorporated 20,088 1.01% $239,693 5/ $239,693
Live Oak 9,394 0.47% $112,090 5/ $112,090
Yuba City 69,663 3.52% $831,228 5/ $831,228

YUBA COUNTY
Unincorporated 65,787 3.32% $784,979 5/ $784,979
Marysville 12,824 0.65% $153,018 5/ $153,018
Wheatland 3,664 0.19% $43,719 5/ $43,719
Yuba-Sutter Transit Authority NA NA NA $110,271 $110,271 TOTAL 1,979,203 100.00% $23,616,121 6/ $8,103,276 $31,719,397 % in RT District Transfer to SRTD Sacramento County
County of Sacramento Total $7,210,256 96.4% $6,950,687 $259,569 Rancho Cordova City Total $958,855 100.0% $958,855
Sacramento City Total $6,181,288 100.0% $6,181,288
Citrus Heights City Total $1,030,543 100.0% $1,030,543
Folsom City Total $1,009,363 100.0% $1,009,363
Elk Grove City total $2,111,654 100.0% $2,111,654
Available to SRTD $18,242,390 Total $18,242,390
Available to County of Sacramento $259,569 99314 $7,267,691 Available to Yuba-Sutter Transit Authority $2,274,998 Total Allocation 25,510,081

1. Sources: Report E-5, Department of Finance, Demographic Research Unit, 2022

2. Entire amount must be used for transportation planning and mass transportation purposes.

3. 96.4% is reserved for Sacramento Regional Transit District. 4. 100% is reserved for Sacramento Regional Transit District.

5. 100% is reserved for Yuba-Sutter Transit Authority. 6. This is the total PUC Section 99313 Allocation to SACOG for the fiscal year March 2023

SACRAMENTO AREA COUNCIL OF GOVERNMENTS
Regional Share of Statewide PUC Allocation: $31,719,397

ALLOCATION OF STATE TRANSIT ASSISTANCE FUNDS (STA)
Fiscal Year 2023-2024
PUBLIC UTILITY CODE SECTION 99313 & 99314
9931311:53 AM:2/13/2023 FY 23-24 STA Allocation.xls
94 Attachment 5
RESOLUTION 23-42

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING AN ALLOCATION OF UP TO $3,102,730 FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) FUND (FUND 202) AND AUTHORIZING USE OF $150,000 IN FISCAL YEAR 2022/23 FARE REVENUES TOWARD FISCAL YEAR 2023/24 ON-DEMAND

RIDESHARE PROGRAM
WHEREAS, on January 17, 2018, the City awarded a contract to NoMad Transit LLC, a wholly owned subsidiary of Via Transportation, Inc., for a one (1) year Pilot operation based on the Contractor’s proposal submitted in response to the City’s Request for Proposals dated May 26, 2017; and,
WHEREAS, the January 17, 2018 executed agreement provided that, by mutual agreement, the Contract may be extended annually for a total of up to five (5) additional years; and
WHEREAS, the City Council approved an Amended and Restated Contract on May 1, 2019 with NoMad Transit LLC, a wholly owned subsidiary of Via Transportation Inc., to continue operations of the West Sacramento On-Demand Rideshare program, launched on May 14, 2018; and
WHEREAS, whereas the May 1, 2019, awarded contract has an expiration date of June 30, 2020, after which operations would otherwise cease and provided that, by mutual agreement, the Contract may be extended annually for a total of up to four (4) additional years; and
WHEREAS, on June 17, 2020, the City Council approved a 2-year contract renewal with NoMad Transit LLC to continue operations of the West Sacramento On-Demand Rideshare program from July 1, 2020 through June 30, 2022; and
WHEREAS, on July 14, 2021, the City Council approved an amendment to the contract with NoMad Transit LLC establishing the schedule of fees for fiscal year 2021/22; and WHEREAS, on June 15, 2022, the City Council approved a 1-year contract renewal with NoMad Transit LLC to continue operations of the West Sacramento On-Demand Rideshare program from July 1, 2022 through June 30, 2023; and
WHEREAS, on June 7, 2023, the City Council approved an amendment on a 1-year contract renewal with NoMad Transit LLC to continue operations of the West Sacramento OnDemand Rideshare program from July 1, 2023 through June 30, 2024; and WHEREAS, the City Council desires to authorize the use of excess fare revenues collected from the Program in FY 2022/23, estimated at roughly $150,000, to be utilized to offset costs of FY 2023/24 operations; and
WHEREAS, the primary goal of the Transportation Development Act (TDA) Fund (Fund 202) is to support the provision of local transit services; and WHEREAS, the City’s current unrestricted TDA Fund reserve balance is approximately $2.70M and the total FY 2023/24 TDA Allocation is currently projected at approximately $4.42M, for a total of $7.12M in available TDA funds; and WHEREAS, up to $3,102,730 in TDA funds are needed to support the FY 2023/24 operations of the West Sacramento On-Demand Rideshare Program, including up to $115,000 in City staff time; and
95 Resolution 23-42

WHEREAS, the City Council desires to authorize staff to include in the FY 2023/24 TDA claim up to $3,102,730 toward the FY 2023/24 West Sacramento On-Demand Rideshare program operations; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

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

1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) budget for the 2023-24 fiscal year as provided below:

SOURCES
$3,102,730 202-0000-3110 TDA Funds
$3,102,730 Total Sources
USES
$3,102,730 202-9222-5261 WS On Demand Rideshare
$3,102,730 Total Uses

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establishes 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 7th day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
96 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 7
SUBJECT:

CONSIDERATION OF CONTRACT AMENDMENT NO. 1 WITH ASCENT ENVIRONMENTAL, INC. FOR THE UPDATE TO THE WASHINGTON SPECIFIC PLAN
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
David Tilley, Principal Planner
Daniel Berumen, AICP, Senior Planner
Community Development
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve Amendment No. 1 with Ascent Environmental, Inc. (Ascent) to include Walker Consultants (Walker) and Economic & Planning Systems (EPS) as subconsultants for the update to the Washington Specific Plan (WSP).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve Contract Amendment 1 in the amount of $103,908 with Ascent Environmental, Inc. (Ascent) to include Walker Consultants (Walker) and Economic & Planning Systems (EPS) as subconsultants for the update to the Washington Specific Plan (WSP); and
2) Delegate authority to the City Manager to execute the contract amendment and any contract extensions.

BACKGROUND
The Washington District is comprised of the area bounded by the Sacramento River on the East, Tower Bridge Gateway on the South, and A Street on the North. The western boundary is more variable and follows a portion of 6th Street, Sacramento Avenue, and 8th Street. It is the oldest part of the City and has had a vibrant history.

The neighborhood is generally defined by its mature tree canopy, grid street network, historic and cultural resources, and eclectic building forms. Although there has been much investment in the neighborhood, it also contains some of the City’s most vulnerable residents.

The Washington Specific Plan (WSP) was adopted by the City on May 15, 1996. It has been implemented without major revisions since that date. In the intervening years, the City has honed its vision for the Washington District.

To help refine the City’s goals for Washington, the City adopted a sustainable community strategy (Washington Realized) on February 18, 2015. Washington Realized focused on the creation of a transit-oriented development strategy for the Washington District, developing a complete community, and establishing a financing and implementation plan for the Washington District.

In 2012, the City received a grant from the United States Department of Housing and Urban Development (HUD) which helped facilitate a complete inventory of all historic resources located within the Washington District. In 2014, the members of the West Sacramento Historical Society and the Bryte and Broderick Community Action Network (BBCAN) conducted surveys of all structures in the Washington Specific Plan area. Results of the survey showed that the Washington District contained sixty-seven potentially historic buildings, the majority of which are located within the District’s historic core located on 3rd and 4th Streets on the blocks bounded by D and E Streets.

The approval of General Plan 2035 (GP 2035) and the accompanying zoning map by the City Council in December 2016 set the stage for how the City is to grow and develop over the next twenty years. Following adoption of GP 2035, the City initiated the Zoning Modernization Project. Following numerous workshops and public hearings, the City Council adopted the revised Zoning Code in February 2019. The updated WSP will conform to the policies set forth in GP 2035 and will provide region-specific guidance for the development in the Washington District.

In 2018, the City completed a major infrastructure project in the Washington District. This project improved the pedestrian, bicycle, parking, and streetscape amenities along several key roadways in the Washington District.

Utilities were undergrounded along key roadways in the District. Sidewalk improvements, new bike lanes, and mid-block pedestrian crossings were added. One of the goals of the infrastructure project was to begin the 97 WSPU Contract Amendment
June 7, 2023

transformation of the Washington District into the vibrant and inviting area envisioned in the Washington Realized plan.

In 2018, Ascent was selected to help prepare the revised WSP (the contract amount allocated to Ascent for this work was $289,360). The updated plan is intended to reflect and/or incorporate much of what the City completed during the Washington Realized project, while providing a more detailed land use and urban design framework, historic preservation, architectural guidelines, including historic architectural guidelines; strategies for addressing parking needs, and an implementation strategy for achieving the vision for the Washington District. It will also provide for significant streamlining for projects once the update is completed. More information, including past community workshops and sections of the draft specific plan, can be found at Washington Specific Plan (planwashington.city)

ANALYSIS
Over the course of recent years, the City has made efforts to advance the update of the WSP where feasible.

However, the update of the WSP has been delayed for several reasons, including disruptions to staff continuity and prioritization due to the COVID-19 pandemic, retirements, and subject matter expertise needed to inform key sections of the plan update. Staff is, therefore, requesting a contract amendment to assist Ascent in completing the remaining work on the WSP (see Attachment 1).

The contract amendment proposes to add Walker Consultants for parking planning services and Economic and Planning Systems (EPS) to prepare the financing plan for the Washington Specific Plan. These two firms would be subconsultants to Ascent, who will remain as the primary consultant to complete the remaining work. The original contract budget for the WSP update in 2018 was $289,360 (see Attachment 2). Ascent is requesting a total of $103,908 in additional budget, with $50,715 allocated to subconsultants Economic & Planning Systems (EPS) and Walker Consultants (Walker) and a $10,000 contingency. This would increase the overall contract value from $289,360 to $393,268. The contract amendment will not require an increase in budget allocation from the general fund; funds already dedicated/allocated to the WSP update, which include funding sources from the Planning Grant Program from Senate Bill (SB) 2 and Local Early Action Planning (LEAP) grant funds, are intended to cover the cost of the remaining work.

Environmental Considerations
The contract amendment is not considered a project under the California Environmental Quality Act (CEQA) and no environmental review is required for this action.

Commission Recommendation
N/A.

Strategic Plan Integration
The Washington Specific Plan Update/Historic Designation was a high priority on the 2021 City Council Strategic Plan Management Agenda.

Alternatives
Staff recommends approval of the contract amendment with Ascent. Alternatively, City Council may direct staff to negotiate changes to the scope, schedule, and budget and return to a future City Council meeting. The City Council may also direct staff to resolicit firms. Staff does not recommend either of these alternatives as they would further delay the update to the Washington Specific Plan.

Coordination and Review
This report was coordinated with Community Development, Economic Development & Housing, and the City Attorney’s Office.

Budget/Cost Impact
The funds appropriated for the update to the Washington Specific Plan originate from the City’s Capital Improvement Plan (CIP) 11012. These are comprised of two grant sources; LEAP grant funds and Senate Bill (SB) 2 funds. These funds need to be spent in a manner consistent with the approved tasks outlined in the grant agreement. The proposed contract amendment would not require an increase in budget. The proposed contract amendment would add a total of $103,908 to the contract, with $50,715 allocated to subconsultants Economic & Planning Systems (EPS) and Walker Consultants (Walker) and a $10,000 contingency. This would increase the overall contract value from $289,360 to $393,268.
98 WSPU Contract Amendment
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ATTACHMENT(S)
1) Ascent Contract Amendment No. 1
2) Ascent Contract for Services dated December 19, 2018 99 Ascent Environmental
CD20-010 Washington Specific Plan
AMENDMENT NO. 1
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
And
ASCENT ENVIRONMENTAL INC.

Dated DECEMBER 19, 2018
This Amendment No. 1 to the Contract for Services between the City of West Sacramento and Ascent Environmental Inc. dated December 19, 2018, is made and entered into this 7th day of June 2023. Except as expressly amended herein, the December 19, 2018, Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City proposes to update the existing Washington Specific Plan and prepare related environmental documentation pursuant to CEQA; and WHEREAS, the City wishes the Consultant to continue these services so that current work will continue, preventing loss of time and financial resources; and WHEREAS, the City requests additional services to finalize and publish the Public Review Draft Specific Plan, provide additional support at adoption hearings, and provide additional project management and administration; and
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. SCOPE OF SERVICES:

The scope of services as set forth in the Contract for Services dated December 19, 2018, shall be revised to include the additional scope and services as outlined in Exhibit A.

II. COMPENSATION:

The compensation as set forth in the Contract for Services dated December 19, 2018, shall be revised to include additional costs and services as outlined in Exhibit A.

Compensation shall be increased by $103,908, with $50,715 allocated to subconsultants Economic & Planning Systems (EPS) and Walker Consultants (Walker) and including a $10,000 contingency. Total contract value shall not exceed $393,268 without City’s prior approval.

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
ASCENT ENVIRONMENTAL, INC.

By:

Gary D. Jakobs, President 100
Ascent Environmental
CD20-010 Washington Specific Plan

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk 101
Memo
455 Capitol Mall, Suite 300
Sacramento, CA 95814
916.444-7301
Ascent
May 15, 2023
Date: May 15, 2023
To: David Tilley and Daniel Berumen (City of West Sacramento) From: Chelsey Payne and Heidi Gen Kuong
Subject: Washington Specific Plan – Budget Amendment

This memo summarizes Ascent’s request for additional budget for the Washington Specific Plan to account for additional time needed to finalize and publish the Public Review Draft Specific Plan (Task 4.4), to provide additional support at adoption hearings (Task 5.3), to provide additional project management and administration, to account for additional direct costs, and to allocate a contingency.

Ascent is requesting a total of $103,908 in additional budget, with $50,715 allocated to subconsultants Economic & Planning Systems (EPS) and Walker Consultants (Walker) and a $10,000 contingency. This would increase the overall contract value from $289,360 to $393,268.

The following sections and attachments are included:
• Section 1 outlines Ascent’s scope of work amendments, providing more details on the tasks where additional budget is being requested, along with short descriptions of what would be covered under this amendment.
• Section 2 provides a summary of the budget amendment. • Attachment A outlines EPS’ scope of work in more detail. • Attachment B outlines Walker’s scope of work in more detail.

Section 1–Amendments to the Scope of Work
Phase 4: Prepare the Specific Plan
Task 4.4: Public Review Draft Specific Plan (Existing Task) Ascent will provide additional support to the City to finalize and publish the Public Review Draft Specific Plan, up to the allotted budget. Thisincludes reviewing new content provided by City staff (e.g., mobility chapter edits, infrastructure chapter edits, and overall plan updates/edits), identifying any outstanding questions or information, and formatting/updating the content in InDesign to reflect these new revisions. Ascent can also 102
Ascent
May 15, 2023
2 help provide support in updating discreet areas in the Preliminary Review Draft, depending on needs identified from the City and up to the budget allotted in this task. Ascent will continue to work closely with the City to identify areas where help and updates are needed to finalize and publish the Public Review Draft Specific Plan.

Budget Request: $23,000
Phase 5: Adoption
Task 5.3: Adoption Hearings (Existing Task)
Ascent will provide additional support to City staff during the adoption hearing process, up to the allotted budget and if it is deemed necessary by City staff. Additional support could include presenting at public hearings or at other City commissions, modifying the PowerPoint presentation for each specific hearing/meeting, and reviewing staff reports or resolutions. Ascent will work closely with the City to determine how best to provide support up to the allocated budget.

Budget Request: $4,633
Project Management and Administration (Existing Task)
To account for the extension of the project timeline (from June through December 2023), Ascent will schedule and conduct up to seven additional monthly project coordination meetings with City staff, preparing agendas and meeting summaries for each meeting, and doing necessary follow-up. Additional time has been included to account for interim calls with the City’s project manager and for Ascent’s project manager to do any necessary follow-ups resulting from those calls. The budget in this task also includes time to coordinate with subconsultants EPS and Walker, time to update and maintain the website, and for Ascent’s project manager and Finance staff to prepare monthly invoices and progress reports. The task also includes previous time Ascent spent in late 2022 and early 2023 to restart this project(about $5,000), which included multiple meetings with City staff, EPS, and Walker, and email coordination with the City.

Additional Budget Requested: $15,000
Reimbursable Expenses (Existing Task)
Time included in this existing task covers prior expenses to maintain the website and renew the website domain name for the projectfor 2023 and an additional year of websitemaintenance, if needed.

Additional Budget Requested: $560
Contingency (New Task)
If additional revisions are needed to complete the Public Review Draft and/or Final Specific Plan, additional support is needed at the adoption hearings, and/or additional project management coordination and time 103
Ascent
May 15, 2023
3 is needed, Ascent proposes allocating remaining budget to contingency. This amount would only be used after discussions and approval from the City.

Budget Requested: $10,000
Subconsultants (New)
Economic & Planning Systems
EPS will prepare a Public Facilities Financing Strategy (Financing Strategy) and Implementation Plan for the Washington Specific Plan. The Financing Strategy and Implementation Plan will focus on identifying financing mechanisms and strategies to ensure that infrastructure facilities needed to accommodate new development are constructed commensurate with development activity, limiting up-front infrastructure cost burdens, and maximizing private-sector certainty in terms of costs and reimbursement mechanisms.

Attachment A outlines their scope of work in more detail.

Budget Requested: $34,000
Walker Consultants
Walker will provide parking planning services that will support the preparation of the Washington Specific Plan. Work will help in creating a parking management strategy that addresses both current and future parking needs in the Washington District.

Attachment B outlines their scope of work in more detail.

Budget Requested: $16,715
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Ascent
May 15, 2023
Section 2: Budget Amendment
Washington Specific Plan
Budget
Amendment
PHASE 4 PREPARE THE SPECIFIC PLAN

4.4 Public Review Draft Specific Plan $23,000
PHASE 5 ADOPTION

5.3 Adoption Hearings $4,633

PROJECT MANAGEMENT
Project Management and Administration $ 15,000

REIMBURSABLE EXPENSES
Reimbursables $ 560

CONTINGENCY
Contingency $ 10,000
Ascent Subtotal $ 53,193

SUBCONSULTANTS
Economic & Planning Systems (EPS) $34,000
Walker Consultants (Walker) $16,715
Subconsultant Subtotal $50,715
Budget Amendment Total $ 103,908
105
Economic & Planning Systems, Inc. 1 https://ascentenvinc.sharepoint.com/sites/Projects/Projects/2018/18010161.01 - W. Sac, City of - Washington SP Update/1_Administration/Contract/Ascent Contract/2023 Amendment/A_WSP_EPS SOW 03-30-23.docx Attachment A
Scope of Services
Washington Area Specific Plan
Public Facilities Financing Strategy and Implementation Plan This Scope of Services describes tasks Economic & Planning Systems, Inc. (EPS) will engage in to prepare a Public Facilities Financing Strategy (Financing Strategy) and Implementation Plan for the West Sacramento Washington Area Specific Plan (Plan). The Financing Strategy and Implementation Plan will focus on identifying financing mechanisms and strategies to ensure that infrastructure facilities needed to accommodate new development are constructed commensurate with development activity, limiting up-front infrastructure cost burdens, and maximizing private-sector certainty in terms of costs and reimbursement mechanisms.

Scope of Services
Task 1: Prepare Public Facilities Financing Strategy and Implementation Plan EPS will work with the Project team—which consists of City of West Sacramento (City) staff, property owners, engineers, consultants, and other interested parties—to create a Financing Strategy and Implementation Plan for the Project. The Financing Strategy and Implementation Plan will offer an inventory of the infrastructure and facility costs needed to serve the project. In addition, this strategy will include a high-level summary of potential sources and uses of funds, including existing and proposed fee programs, other funding sources and financing mechanisms (e.g., Enhanced Infrastructure Financing Districts [EIFDs] or other land-secured financing alternative), and the impact of any residual costs on the viability of new development. A detailed description of the proposed approach to accomplish this task follows below.

Subtask 1.1: Review Background Information and Kick Off Project EPS will review all background planning and engineering documents pertinent to EPS’s work, including utilities studies, the Sustainable Communities Strategy and associated technical appendices, and other relevant studies. EPS will meet with the Project consultant team and City staff to review the public facilities financing strategy objectives, deliverables, and timing.

Subtask 1.2: Review and Update Land Use Information and Improvement Cost Estimates EPS will review land use estimates projecting capacity for new housing and commercial development and will review infrastructure master plans already completed that detail public improvements required to serve the new land uses, along with preliminary cost estimates and funding sources already committed to the public improvements (e.g., fee program funding or other mechanisms). EPS will rely on City staff and other team consultants to prepare backbone public facility cost estimates as part of this engagement. In addition, EPS will rely on information provided by City staff and other team consultants to determine whether any development areas outside of the project benefit from requisite improvements. 106
Attachment A
Scope of Services: Washington Area Specific Plan
Public Facilities Financing Strategy and Implementation Plan March 31, 2023
Economic & Planning Systems, Inc. 2 https://ascentenvinc.sharepoint.com/sites/Projects/Projects/2018/18010161.01 - W. Sac, City of - Washington SP Update/1_Administration/Contract/Ascent Contract/2023 Amendment/A_WSP_EPS SOW 03-30-23.docx Subtask 1.3: Allocate Improvement Costs and Examine Infrastructure Cost Burden EPS has previously prepared a Cost Burden Analysis evaluating the relationship between major public improvements and land values. EPS will review and update this analysis as appropriate based on new findings. In addition, this analysis will provide feasibility indicators by examining whether the collective sum of impact fees, special taxes, and backbone infrastructure can be reasonably expected to be supported by planned housing and other expected development (based on agreed-on assumptions regarding scale and type of commercial development).

This updated evaluation will determine whether infrastructure cost burdens are within industry feasibility standards (i.e., whether the financial capacity of the projected housing supply is sufficient to finance the improvements). As part of this update, EPS will distribute the cost of required infrastructure and public facilities to specific land uses based on (1) the demand for each improvement generated by each land use and (2) the ability of various land uses to absorb costs.

Subtask 1.4: Formulate Financing Strategy
EPS will prepare a financing strategy summarizing the potential sources and uses of funds necessary to achieve the public improvements and policy objectives within the financial capacity of the proposed development. The strategy will specify the financial responsibilities of the public and private participants in the Specific Plan, showing required improvements, associated costs, and potential funding sources at full buildout of the proposed land uses.

To the extent that existing mechanisms are unable to fully fund improvements, EPS will consider a variety of other Project-specific financing mechanisms, identifying viable financing mechanisms based on financing principles; statutory and legal considerations; and industry standards regarding who typically pays for what, the timing of public improvements relative to private development, commitments regarding the availability of public-sector funding, and negotiationbased preferences of stakeholders.

As part of this analysis, EPS will calculate the land-secured financing capacity of the District to assess the level of funding that could be generated by mechanisms such as Mello-Roos Community Facilities Districts (CFDs) (considering limitations associated with voter-approval requirements). Other potential funding sources include a specific plan impact fee program, developer mitigations, joint public/private financing of certain improvements, and tax increment financing through either emerging redevelopment tools (i.e., AB 2 or an EIFD).

EPS will identify candidate financing mechanisms that could incentivize transit-oriented development (TOD) in the District, considering any specific financing constraints or requirements, including affordable housing mitigation requirements and any limitations on revenue generated from publicly owned land. The strategy also will include recommended methods for addressing capital funding shortfalls, as appropriate, including modifications to land use and phasing strategies.

A key issue to be addressed is the best method to initiate development to market to multiple market segments but keep initial capital expenditures to a minimum. To this end, EPS will offer recommendations to develop an effective infrastructure phasing strategy married to appropriate public financing concepts. As part of this process, EPS will consider the feasibility of debt 107
Attachment A
Scope of Services: Washington Area Specific Plan
Public Facilities Financing Strategy and Implementation Plan March 31, 2023
Economic & Planning Systems, Inc. 3 https://ascentenvinc.sharepoint.com/sites/Projects/Projects/2018/18010161.01 - W. Sac, City of - Washington SP Update/1_Administration/Contract/Ascent Contract/2023 Amendment/A_WSP_EPS SOW 03-30-23.docx financing in relation to the appreciating land values and property-based revenues available. This feasibility analysis will reference underwriting criteria applied to financing mechanisms by the municipal financing industry.

Subtask 1.5: Prepare Draft Financing Strategy and Implementation Plan The subtasks outlined above will be used to prepare the Financing Strategy and Implementation Plan for inclusion in the Specific Plan. Information will include potential sources and uses of funds for capital improvements needed to serve the project, the funding capacity of key financing mechanisms, the impact of capital improvement requirements on private-sector development feasibility, and implementation recommendations to effect development at the desired locations and densities. EPS will prepare a draft Financing Strategy and Implementation Plan chapter for review and comment. EPS will prepare up to two revisions as needed.

Subtask 1.6: Attend Meetings and Provide Project Management EPS will participate in up to seven (7) project status meetings with City staff and team consultants. These meetings will likely include discussions regarding infrastructure requirements, phasing, the timing of initial funding for improvements, and strategies to address any funding gaps. In addition, EPS anticipates attending up to three (3) public meetings. These meetings will be attended by the Project’s Principal-in-Charge and/or Project Manager. Should additional meetings be required, EPS will bill on a time-and-materials basis.

Schedule
EPS will begin working on this project as soon as contract approval is received. EPS will provide the City with accurate information and work products on a schedule that meets the City’s needs.

Staff
Principal Amy Lapin will serve as Principal-in-Charge of this Project and is responsible for ultimate Project delivery. Senior Vice President Russ Powell will serve as Project Manager and conduct the day-to-day project management. Additional EPS staff may assist in identifying, collecting, and analyzing data.

Budget
The estimated budget to prepare a Public Facilities Financing Strategy and Implementation Plan (Task 1) is $34,000, as shown in Table 1. EPS may redistribute the overall budget allocation among approved tasks or staff as necessary, provided the total budget is not exceeded.

EPS charges for its services on a direct cost (hourly billing rates plus direct expenses), not-toexceed basis; therefore, EPS will bill only for the work completed up to the authorized budget amount. Travel, data, or reproduction expenses will be billed at cost, and invoices are submitted monthly and are payable on receipt. If additional work or meetings are required, EPS will request authorization for additional budget with the understanding that terms will be negotiated in good faith.
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Table 1. Proposed Budget by Task
Task/Description
Principal-inChargeSenior Vice
President Associate
Research
Analyst
Production
Staff
Staff Cost
Subtotal
Direct
Costs [1]
Grand
Total
Lapin Powell (Rounded)
Task 1: Prepare Public Facilities Financing Strategy and Implementation Plan Subtask 1.1: Review Background Information and Kick Off Project 4 4 2 0 0 $2,550 $0 $2,550 Subtask 1.2: Review and Update Land Use Information and Improvement Cost Estimates 4 8 8 0 2 $4,890 $0 $4,890 Subtask 1.3: Allocate Improvement Costs and Examine Infrastructure Cost Burden 4 8 8 4 2 $5,470 $0 $5,470 Subtask 1.4: Formulate Financing Strategy 8 8 0 0 2 $4,550 $0 $4,550 Subtask 1.5: Prepare Draft Financing Strategy and Implementation Plan 4 8 8 8 4 $6,240 $0 $6,240 Subtask 1.6: Attend Meetings and Provide Project Management 18 20 0 0 0 $10,330 $0 $10,330 Total Task Hours 42 56 26 12 10
Hourly Billing Rates [2] $285 $260 $185 $145 $95
Total Project Costs $11,970 $14,560 $4,810 $1,740 $950 $34,030 $0 $34,000 [1] Direct costs include costs related to travel, acquiring data, mileage, reproduction, and other non-staff costs. [2] Billing rates shown are applicable during calendar year 2023 and are subject to change annually.

EPS Staff
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Walker, Pacific Region
San Francisco 601 California Street, Suite 820 94108
Los Angeles 606 S. Olive Street Suite 1100, 90014
Seattle 2101 Fourth Avenue, Suite 1210 98121
April 10, 2023
Daniel Berumen, AICP
Senior Planner
City of West Sacramento
1110 West Capitol Avenue, 2nd Floor
West Sacramento, CA 95691
Re: Draft Proposal for Parking Planning Services
Dear Mr. Berumen:

Walker Consultants is pleased to submit for your review this draft proposal outline for parking planning services in the Washington District. Thank you for the opportunity, we look forward to discussing the draft proposal to develop a final scope of services.

PROJECT UNDERSTANDING
The City of West Sacramento is developing the Washington District Specific Plan and parking has arisen as a major topic area. As part of the Specific Plan, The City would like to create a parking management strategy that addresses both current and future parking needs in the Washington District. The parking management strategy would both ensure that parking accommodates projected demand and efficiently makes use of available space dedicated to parking in line with the City’s goals.

While the Washington District consists of mostly built out sites and some new infill development, there are two projects of significance under project review including:
• 50 Waterfront Place - Fairfield River Landing LLC is proposing to develop a 165-unit 8 story residential building at 50 Waterfront Place with underbuilding parking. The units are comprised of studio one- and two-bedroom units and includes a business services area, fitness area, dog wash bike storage and balconies. Design review is required for compliance with the Washington Specific Plan design guidelines and Planned Development Overlay 30.
• Four 40 West - BlackPine has applied for a major map modification to the previously approved Alura map along with a new TSM to the west of the original one. The project as reconfigured will contain 106 single family homes and a park site that is approximately 0.6 acre in size, along with street frontage improvements along E Street. The project will also require design review. The project is currently undergoing completeness review.

Given the opportunity around these land use changes, future development considerations, and long-term parking needs, the City wants to understand the following:
• Determine future parking demand given new development, as part of the Washington Specific Plan. • Determine the extent to which the current parking supply can accommodate current and future demand as development occurs.
• Identify the high level parking management strategies to accommodate future demand.

Attachment B: Walker Consultants Scope of Work
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City of West Sacramento
April 10, 2023
PAGE 2
Walker has outlined the following draft scope of services for the Washington District. The tasks are for discussion purposes and will be finalized after meeting with the City.

SCOPE OF SERVICES
TASKS

1. Kick Off. Conduct a virtual kick-of session with all team members to identify project parameters, context(s), objectives, purpose, assumptions, budget, and goals.

2. Research and Existing Conditions Review. Review Walker’s previous work in the Washington District including the Ziggurat Garage Feasibility Study. Also review existing supply, regulations, plans, and code related to parking management and policy in the Washington District to understand existing conditions.

3. Projected Future Parking Demand. Changes to the scale, concentration, and land uses within the Washington District will be key components to the amount and nature of changes to parking demand.

Using Walker’s proprietary Shared Parking Model, based on the latest updates of the Urban Land Institute’s (ULI) and the International Council of Shopping Centers’ (ICSC) Shared Parking publication (Second and Third Edition), Walker will model future parking demand in the Washington District for the two new developments, 50 Waterfront Place and Four 40 West, based on data provided by the City. The model will be calibrated for identified factors specific to the Washington District and the projected and desired transportation mode split goals.

4. Parking Management Strategy. Based on findings of the above tasks and determination of parking adequacy at the new developments compared to the amount of parking provided (program data to be provided by City staff or assumptions re new parking supply developed in consultation with City staff), Walker will identify high level strategies to accommodate future parking demand in the Washington District in line with the transportation and mobility goals for the Washington District. Walker does not anticipate parking utilization data collection within the available budget and will base our recommendations on discussions about parking in the district with the City as well as findings from Task

2. 5. Draft Report. Prepare a draft written report outlining findings. Receive one set of consolidated comments on the draft report.

6. Revised Report. Revise the draft report, incorporating one set of written comments from the City. Discuss revisions with the City via teleconference.

7. Final Report. Submit a final report.

SCHEDULE
We will develop a schedule based on the City’s timeline.

PROFESSIONAL FEE
We propose performing the above referenced services for a lump sum fee of $16,715 including all typical expenses.
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PAGE 3
We appreciate the opportunity to propose our services to you. If any part of this proposal is not satisfactory, please let us know.

Sincerely,

WALKER CONSULTANTS
Chrissy Mancini Nichols
National Director of Curb Management and New Mobility
Enclosures General Conditions of Agreement for Consulting Services

AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this agreement for our records.

CITY OF WEST SACRAMENTO
Accepted by (Signature)
Printed Name
Title
Date
112

GENERAL CONDITIONS OF AGREEMENT

FOR CONSULTING SERVICES
PAGE 4

SERVICES
Walker Parking Consultants and Engineers, Inc. (Walker) will provide the CLIENT professional services that are limited to the work described in the attached letter (“the services”). Any additional services requested will be provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written information and documents supplied by the CLIENT, and are limited to and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third-party beneficiary is contemplated.

All documents prepared or provided by WALKER are its instruments of service, and any use for modifications or extensions of this work, for new projects, or for completion of this project by others without Walker’s specific written consent will be at CLIENT’s sole risk.

PAYMENT FOR SERVICES
Walker will submit monthly invoices based on work completed. If for any reason the CLIENT does not deliver payment to WALKER within thirty (30) days of date of invoice, Walker may, at its option, suspend or withhold services.

STANDARD OF CARE
Walker will perform the services in accordance with generally accepted standards of the profession using applicable building codes in effect at time of execution of this Agreement. Walker’s liability caused by its acts, errors or omissions shall be limited to the fee or $10,000, whichever is greater.

Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the CLIENT. Walker will not independently investigate the accuracy of the assumptions. Because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, Walker makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections.

PERIOD OF SERVICE
Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty (30) days after final documents are delivered to the CLIENT. 113
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CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 8
SUBJECT:

CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-7

PERTAINING TO AN AMENDMENT TO THE TERM OF THE RIVER PARK

DEVELOPMENT AGREEMENT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ x ] Staff
[ ] Other
Seamus Laffey, AICP, Senior Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this item is for City Council to adopt Ordinance 23-7 to effectuate an amendment to the existing Development Agreement between Sun M Capital, LLC and the City of West Sacramento for the River Park project to extend the term of the Agreement by one year.

RECOMMENDED ACTION
Staff respectfully recommends that the Council:
1) Find that the amendment to the term of the existing River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and
2) Waive the second reading and adopt Ordinance 23-7 amending the term of the River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento.

BACKGROUND
On June 18th, 2008, the City Council approved the River Park project consisting of up to 2,284 residential units, parks, open space, and a small commercial site in the Southeast Village of Southport (see Attachment 1, River Park Location Map). As part of the project approvals, a Development Agreement (DA) was entered into with the primary landowner that controlled 452 acres in the Southeast Village of the Southport Framework Plan. In addition to the DA, project approvals included a General Plan Amendment, rezoning, design guidelines, and an environmental impact report (EIR). The DA had a 15-year term that became effective on July 18, 2008 (see Attachment 2, River Park Development Agreement). The River Park project area is currently planned for residential development of varying densities, neighborhood commercial, open space, parkland uses and land for possible dedication to the school district for a new school site. The project area is currently used for agricultural production (dry land farming) and an existing cell tower is located at the end of Sculpin Lane. The project’s Environmental Impact Report (EIR) (State Clearinghouse #2005062027) was certified to satisfy requirements of the California Environmental Quality Act (CEQA) with the 2008 approval.

The DA approved in 2008 was with the prior property owner, SCL West Sac Holdings LLC. In 2008-2009 during the early period of the Great Recession, much of the property was foreclosed upon by the lender. Sun M Capital, LLC acquired the River Park project properties from the lender and on April 25, 2011 the DA was assigned and assumed by Sun M with approval from the West Sacramento City Manager and City Attorney. Sun M assumed the obligations in the DA as they were originally approved.

Since Council’s approval of the project in 2008, the West Sacramento Area Flood Control Agency (WSAFCA) designed and constructed the Southport Levee Improvement Project along the Sacramento River. The levee project expanded the Sacramento River channel with the construction of new setback levee and removal of the prior levee. This required condemnation of a considerable portion of the approved River Park project area, which was unique relative to other large development sites in Southport. Once the extent of WSAFCA’s land acquisition needs was known and executed, Sun M Capital, LLC applied for project modifications to reflect the updated project levee footprint.

City staff are currently processing the modifications requested by the applicant, which will require an updated environmental analysis, fiscal analysis, amendments to Southport Framework Plan, Southport Design Guidelines 133
Second Reading and Adoption of Ordinance 23-7
June 7, 2023

and land use entitlements that will be heard by the Planning Commission and City Council at a future date after public outreach and workshops. In view of the project modifications requested by the applicant as well as a requested extension to the term of the existing DA, the DA will require renegotiation. The updated environmental analysis will consider all required resource areas such as vehicle miles travelled, greenhouse gas emissions, energy use, public facilities and services, habitat, etc. Issues such as affordable housing, funding of long-term maintenance and upkeep for public safety and infrastructure are being reviewed since the proposed project modifications will need to comply with all the current City policies and development standards. It is too early in the process to know if staff will support the applicant’s request or not.

On May 17, 2023, the first reading of the amendment to the Development Agreement with Sun M Capital, LLC went before City Council for consideration at a public hearing. There were numerous questions from the City Council and public comment on this item. The Council was not in favor of the additional one-year extension at the City Manager’s discretion and as part of the motion this additional year was taken out. The City Council voted 3-1 in favor of the recommended action with the change that this extension is only for one year, and should it need to be extended again, that would require Planning Commission consideration and City Council approval.

ANALYSIS
The proposed DA Amendment would extend the existing DA’s term for a one-year period setting the new expiration date as July 18, 2024 (see Attachment 3, Ordinance 23-7).

Environmental Considerations
As part of the project’s approval in 2008, an EIR (State Clearinghouse #2005062027) was prepared and certified to satisfy requirements of the California Environmental Quality Act (CEQA). Staff has determined that the DA extension does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines since no changes or revisions to the project are proposed with this DA extension. A Subsequent EIR is being prepared for the separately proposed project amendments which will require public review and certification by the Planning Commission and City Council when the project amendments are heard by the City Council at a future date.

Commission Recommendation
The DA Amendment was recommended for approval by the Planning Commission on April 6, 2023, via Resolution 23-2PC.The Planning Commission’s discussion primarily centered around the changes to the project since 2008 due to the Southport Levee Improvement Project and the need for additional public review and environmental review because of the changes. City staff are processing the modifications which will include a renegotiated DA, updated environmental analysis and land use entitlements that will be heard by the Planning Commission and City Council at a future date once the additional analysis is complete. There will be workshops and public outreach on the project prior to future public hearings on the proposed amendments.

Strategic Plan Integration
Not applicable.

Alternatives
The Council’s primary alternative is to vote to not approve the amendment to the DA for an extension of time on the River Park project. This would mean the DA would expire. Although staff does not recommend this alternative, staff is prepared to effectuate this alternative upon the Council’s direction.

Coordination and Review
This report was written and reviewed in coordination with the Planning Division and the City Attorney’s office.

Budget/Cost Impact
Costs associated with review of the project are paid by the applicant via a reimbursement agreement.

ATTACHMENTS
1) Location Map
2) River Park Development Agreement
3) Ordinance 23-7
134
River Park offers convenient access to West Sacramento neighborhoods and downtown Sacramento, north and northeast of the project area, respectively (see location map above). Directly east, across the Sacramento River, are the Sacramento neighborhoods of Land Park, Greenhaven, and the Pocket area; to the southeast are Elk Grove and the community of Florin. Unimproved agricultural and single-family residential areas are west and south of the project area.

The original Southport Framework Plan designated four quadrants, or “villages”: the Northeast, Northwest, Southeast, and Southwest Villages (see map above). River Park occupies most of the Southeast Village, the smallest of the four villages. Each village in Southport is being designed as a separate, internally cohesive community; all eventually will be connected by Village Parkway, which will circumnavigate Southport. As shown in the map, Village Parkway will be extended south past Lake Washington Boulevard into River Park, where it will turn west and connect to the existing Village Parkway at Jefferson Boulevard. Stonegate Drive will be extended from Linden Road south to the proposed Village Parkway extension, connecting River Park to Southport’s Northeast Village. South River Road, which borders River Park along the riverfront, connects River Park with Southport’s other three villages.

2.0 Location and Context

REGIONAL CONTEXT SOUTHPORT CONTEXT
Sacramento Int’l AirportPort of SacramentoSOUTHPORT FRAMEWORKPLAN AREARIVER PARKSacramento RiverProposed Village ParkwayYolo “Rails-to-Trails” ParkwayCity of West Sacramento Boundaryand the SOUTHEAST VILLAGE Northwest VillageNortheast VillageSouthwest VillageSOUTHEAST VILLAGE Location Map: City of West Sacramento
Southport Framework Plan Area
Village Boundary
Southport Framework Plan Area BoundaryProposed Major Roadways Existing Major Roadways
River Park Project Area Boundary
pg 10
Location and Context Design Guidelines
RIVER PARK Master Planned Village
Sacramento River
Yolo “Rails-to-Trails” Parkway
Jefferson Blvd.

Village Parkway
Deep Water Channel City of Sacramento
Stonegate Dr.

Bevan Rd.

Davis Rd.

Lk. Washington Blvd.

South River Rd.

Linden Rd.

REGIONAL CONTEX

T SOUTHPORT CONTEX
T
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Attachment 3
2343517.1 7203-364
ORDINANCE 23-7

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 SUN M CAPITAL, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY
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 Sun M Capital, A California Limited Liability Company, dated June 18, 2008 (“Development Agreement”).

Section 2. Amendments. The City and Sun M Capital, 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 __day of ___________ 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_
205
2343517.1 7203-364
Attachment A

FIRST AMENDMENT TO

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO

AND SUN M CAPITAL, A CALIFORNIA LIMITED LIABILITY COMPANY This FIRST AMENDMENT to the DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO AND SUN M CAPITAL, LLC dated June 18, 2008, is entered into by and between SUN M CAPITAL, LLC (“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 River Park project (the “Project”) as approved on that date by City Ordinance 08-05, a memorandum of which was recorded by the Yolo County Recorder on July 1, 2008.

B. The Project encompasses approximately 452 acres and is located in the southeast village of Southport and generally bound by the Clarksburg Branch Line Trail to the west, Davis Road to the north and the Sacramento River to the east and south. The project will support a balanced mixed of land uses including approximately 2,284 residential uses in varying densities and a small commercial component.

C. The ownership is now solely comprising of one party, Sun M Capital, A California Limited Liability Company.

D. Section 19 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.

G. To accommodate these evaluations, the Parties wish to extend the term of the Development Agreement for one year, until July 18, 2024.

H. On April 6, 2023, the Planning Commission conducted a public hearing on this First Amendment and recommended approval to the City Council.

I. On May 17, 2023, the City Council conducted a public hearing on this First Amendment and the adoption of Ordinance 23-7.
206
2343517.1 7203-364
J. The Developer and the City both desire to amend Section 4.2 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 4.2. Section 4.2 of the Development Agreement shall be amended to read as follows:
“4.2 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.

4.2.1 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.

Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect, except as described in Section 23.”

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. 207
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 Sun M Capital
A municipal corporation A California Limited Liability Company By: ______________________ By: _________________________ Martha Guerrero, Mayor
Print Name: __________________
ATTEST:

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

KRONICK, MOSKOVITZ, TIEDMAN & GIRARD
A professional corporation
By: _______________________
Jeffrey Mitchell, City Attorney
208
2343517.1 7203-364

EXHIBIT A
Memorandum of Agreement
209
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 SUN M CAPITAL, A CALIFORNIA LIMITED LIABILITY COMPANY THIS MEMORANDUM OF FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is made this ___ day of ______, 2023, by and between the CITY OF WEST SACRAMENTO ("City") and SUN M CAPITAL ("Developer").

City and Developer are parties to that certain "DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF WEST SACRAMENTO AND SUN M CAPITAL LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 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 SUN M CAPITAL, A CALIFORNIA LIMITED LIABILITY COMPANY,” (“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: ____________________________
Sun M Capital, LLC
By: _______________________________

Print name: ________________________
Title: _____________________________
210
2343517.1 7203-364
Exhibit 1
Legal Description
211

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 9
SUBJECT:

CONSIDERATION OF FLOOD PROTECTION IN-LIEU FEE INDEXING DATE

ADJUSTMENT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Candido Ramirez, Senior Civil Engineer
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
This item requests the Council’s consideration to modify the month of the Engineering News Record Construction Cost Index (ENR CCI) to which the Flood Protection In-lieu Fee is adjusted.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Adopt Resolution 23-38 Adjusting the Flood Protection In-Lieu Fee Indexing Date; and

2. Direct staff to adjust the Flood Protection In-Lieu Impact fees using July instead of December as the month to modify the Engineering News Record Construction Cost Index.

BACKGROUND
On April 18, 2007, the City Council approved Resolution 07-34 establishing an In-Lieu Flood Protection Fee.

Related Ordinance 07-11 was concurrently adopted. Impact fees were intended to help pay for flood protection projects along the perimeter of the City. The resolution and ordinance were supported by the “West Sacramento 200 Year Flood Protection In-Lieu Fee Study”, hence nexus study. Page 41 of the nexus study prescribes an indexing method as follows:
“The in-lieu fee shall be adjusted each succeeding January 1st commencing January 1, 2008, to reflect inflationary costs. The fees shall be increased by a ratio which the Engineering News Record’s Construction Cost Index (20 cities) for the most recent December bears to the December index”

ANALYSIS
The Community Development Department and Finance Department staff collaborate to update fees which become effective on January 1st of every year. Fourteen (14) of the City’s fifteen (15) impact fees are adjusted using July Engineering News Record Construction Cost Index (ENR CCI). One (1) impact fee, the Flood Protection In-Lieu Fee is adjusted using December ENR CCI. This delay has led to numerous questions and confusion.

The Community Development Department proposes that all impact fee adjustments be based on July ENR CCI.

The effective date of the fee adjustments would not change and would still be effective on January 1st of each year. The only proposed modification is to use the July (not December) ENR CCI index of the previous year.

This proposed change would have the following effects:

1. The proposed transition to a synchronized index date would cause the first adjustment to be calculated based on 7 months of inflation (December to July), resulting in a lower increase than the current method of using December as the indexing date.

2. The subsequent, synchronized adjustment would occur in July and then annually each July, at a rate that is consistent with the City’s other indexed impact fees.

This proposed change does not increase fees beyond what the nexus study allows.

Environmental Considerations
Action on this item is not 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 in the environment. (Pub.

Resources Code, §21065; CEQA Guidelines §§15060(c), 15378(a).) 212
Flood Protection In-lieu Fee Indexing Date Adjustment
June 7, 2023

Commission Recommendation
N/A
Strategic Plan Integration
The original Flood In-Lieu Impact Fee supported the 2007 West Sacramento Strategic Plan specifically related to Flood Protection Strategy and Funding. The proposed minor indexing adjustment does not substantially change the purpose of the impact fee.

Alternatives
The City Council may:

1. Adopt Resolution 23-38 allowing Flood Protection In-Lieu Impact Fees to be adjusted using July ENR CCI from this date forward.

2. Request additional information.

3. Decline to approve the recommended action and not proceed with the Resolution at this time.

Coordination and Review
Community Development and Finance Department staff initially discussed this item and its benefits. We then contacted WSAFCA staff which have indicated they will notify the board. The City legal counsel confirmed that the proposed change needs to be approved by City Council.

Budget/Cost Impact
The proposed item would have an impact that is likely to be small. Fees paid in 2024 would be based on fees calculated using 7 months of inflation versus the normal 12 months. Subsequent years would not be affected because they would be calculated based on a full year of inflation as we currently do for all the other impact fees.

Adoption of the proposed resolution would improve efficiency and allow staff to update all impact fee indexes at the same time every year.

ATTACHMENTS

1. Resolution 23-38

2. City of West Sacramento Book of Fees for Flood Protection In-Lieu Fee 213
Attachment 1
RESOLUTION 23-38

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

ADJUSTING THE FLOOD PROTECTION IN-LIEU FEE INDEXING DATE WHEREAS, on April 18, 2007, the City Council approved Resolution 07-34 establishing an In-Lieu Flood Protection Fee. Related Ordinance 07-11 was concurrently adopted. Impact fees were intended to help pay for flood protection projects along the perimeter of the City. The resolution and ordinance were supported by the “West Sacramento 200-Year Flood Protection In-Lieu Fee Study”, hence nexus study. Page 41 of the nexus study prescribes an indexing method as follows:
“The in-lieu fee shall be adjusted each succeeding January 1st commencing January 1, 2008, to reflect inflationary costs. The fees shall be increased by a ratio which the Engineering News Record’s Construction Cost Index (20 cities) for the most recent December bears to the December index”; and
WHEREAS, adjusting this impact fee using December index is inconsistent with adjusting other impact fees which use July index, and
WHEREAS, City staff has concluded that it would be beneficial and more efficient if all impact fees are adjusted using the July index; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of West Sacramento hereby approve and adopt revision to the City of West Sacramento Book of fees Flood Protection In-Lieu Fee to read:
"The fees shall be increased by the ratio which the Engineering News-Record’s Construction Cost Index (20 cities) for the most recent July index.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of West Sacramento on this 7th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Martha Guerrero, Mayor
Jennifer Cusmir, City Clerk
214
Attachment 2

CITY OF WEST SACRAMENTO

BOOK OF FEES
Description Authority Effective Date
FLOOD PROTECTION IN-LIEU FEE Resolution 07-34 Jul. 2, 2007 Resolution 22-84
Inflationary Adjustment
Resolution 23-38
Sept. 19, 2022
Jan. 1, 2023
June 7, 2023
Fee Schedule
Administered by the Finance Department Page 1 of 2
Chapter 15.50 of the City of West Sacramento Municipal Code provides that developers demonstrate that, prior to occupancy, new structures have two-hundred-year flood protection through either: (i) the construction of flood improvements or other mitigation measures beyond those otherwise required by the City’s Flood Plan Management Ordinance (Title 18); or (ii) the payment to the City of an in-lieu fee.

The various amounts of these in-lieu fees are supported by a study entitled West Sacramento Flood Protection In-Lieu Fee Study, by Economic & Planning Systems, dated April 11, 2007. Fees in this study shall be adjusted each succeeding January 1st, commencing January 1, 2008, to reflect inflationary costs. The fees shall be increased by the ratio which the Engineering NewsRecord’s Construction Cost Index (20 cities) for the most recent July Index.

A. FEES
Land Use 3 Summary of Flood Protection In-Lieu Fees (2023) Zone 1 1 Zone 2 1 WD and CBD1
Residential Per Dwelling Unit
Single-Family 2
<1,100 sq. ft. $372 $1,877 $750
1,101-2,500 sq. ft. $610 $3,073 $1,230
>2,500 sq. ft. $847 $4,268 $1,707
Multi-Family 4
<900 sq. ft. $129 $1,513 $605
>900 sq. ft. $192 $2,270 $908
Commercial Per1,000BuildingSqua
re Feet
Retail $777 $3,905 $3,905
Office $503 $3,646 $2,041
Industrial $185 $1,750 $1,750
1 Zone 1 includes the Triangle Area and Pioneer Bluff east of South River Road (high ground) and Zone 2 is the rest of the City except Washington District and Central Business District. 2 Gross building square feet
3 Land uses are defined as follows:

Single-Family- This designation provides for single-family homes and duplexes, and similar uses. 215
Attachment 2

CITY OF WEST SACRAMENTO

BOOK OF FEES
Description Authority Effective Date
FLOOD PROTECTION IN-LIEU FEE Resolution 07-34 Jul. 2, 2007 Resolution 22-84
Inflationary Adjustment
Resolution 23-38
Sept. 19, 2022
Jan. 1, 2023
June 7, 2023
Fee Schedule
Administered by the Finance Department Page 2 of 2
Multi-Family- This designation provides for multi-family units, triplex units, higher density housing, and similar uses.

Retail- This designation provides for light retail, including but not limited to eating and drinking establishments, grocery stores, and general merchandise, and similar uses.

Office- This designation provides for professional and administrative offices, medical and dental clinics, laboratories, financial institutions, and similar uses.

Industrial- This designation provides for industrial parks, heavy retail, sales, services, wholesale commercial, warehouses, distribution centers, fuel storage, trucking terminals, railroad facilities, manufacturing, and similar uses.

Mixed Use- This designation provides for development projects that are a combination of the other land use classifications. Mixed use development will be proportionally computed to the percentage of land use in each category.
4 Varying the multi-family fee for two-unit sizes is calculated by dividing the multi-family fee by the average size of multifamily units (900 sq. ft.) and applying that amount to a 600 sq. ft. unit, which is reflective of an average size unit in the under 900 sq. ft. category.

HISTORY:

AUTHORITY DATE ACTION
Res. 06-5
Res. 22-84
Res. 23-38
1/18/06
9/19/22
6/7/23
Adopt fee schedule
Adoption of targeted impact fee reform program in Central Business District and Washington District
Update indexing from December ENR to July ENR
216

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 10
SUBJECT:

CONSIDERATION OF APPROVAL OF CONTRACT WITH STUDIO KLY FOR THE FIRE STATION 41 BENCH PUBLIC ART INSTALLATION PROJECT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Connie Leek, Recreation Manager
Parks and Recreation Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the Council with the necessary information to approve the contract with Studio KLY LLC, for the West Sacramento Fire Station 41 Bench Public Art Installation Project.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council authorize the City Manager or designee to execute a contract with Studio KLY LLC for the Fire Station 41 Bench Public Art Installation Project in an amount not to exceed $42,000 in the form substantively attached.

BACKGROUND
West Sacramento Fire Station 41 is located at 132 15th Street and is the City’s oldest operating fire station, built originally in 1938 with funds from the Volunteer Fire Department. The original station was a community gathering place with significant historical relevance and roots in the West Sacramento Community. Fire Station 41 underwent a major renovation in 2006, and the aesthetics of the facility renovation were selected to honor and reflect the people, efforts, and history of the original building. The renovation also included the installation of a large bench for seating and a small parking area located directly across the street from the station (see Attachment 1). The bench was constructed of hay bales, several layers of rebar, and cement. Designed to be of a hearty construction that would last many decades, the bench was intended to serve as the foundation for a future public installation project. Based on staffing changes, funding limitations, and a lack of in-house public art expertise, the project was never completed.

More recently, at the February 22, 2021, Arts, Culture, and Historic Preservation (ACHP) Commission meeting, the Commission requested that staff provide an update on the Station 41 Bench Project. On April 26, 2021, staff provided information on the history of project to the ACHP Commission, including building and site plans, as well as options for securing art consultation assistance to provide appropriate expertise to help execute a new public art solicitation and installation effort.

At the June 28, 2021, ACHP Commission meeting, the Commission unanimously recommended that the West Sacrament Fire Station 41 Bench Public Art Project be completed using up to $50,000 of Public Art Fund money.

The Commission further recommended contracting with Art Consultant Shelly Willis to help complete the public art solicitation, artist selection, fabrication, and installation of the Project. Staff applied for, and received, a $5000 grant award from the West Sacramento Foundation Infrastructure and Amenities Fund In September 2021, upon the City approving the Project design.

On January 19, 2022, City Council authorized staff to initiate the West Sacramento Fire Station 41 Bench Art Installation Project and adopted Resolution 22-11 authorizing the use of Public Art Funds (Fund 271) and the West Sacramento Foundation Infrastructure and Amenities grant award to complete the Project in an amount not to exceed $50,000.

ANALYSIS
Since City Council authorization, staff worked with Public Art Consultant Shelly Willis to complete a formal Request for Qualifications (RFQ) for the Fire Station 41 Bench Public Art Project. The RFQ was made available to artists in the immediate region, Yolo County, and neighboring counties such as Sacramento, El Dorado, Placer, Sutter, Yuba, Nevada, and Solano. Staff shared the RFQ with artists, galleries, art organizations, list 217
Contract with Studio KLY LLC
June 7, 2023

servers, and art supporters by email and social media. The RFQ opened on April 8, 2022, and closed on May 25, 2022. Final analytics of the RFQ in the City’s E-Procurement Portal show an impressive final project view count of 1,259, with 25 downloads, 16 applicants, and 9 complete submissions.

An artist Selection Panel comprised of two (2) ACHP Commissioners, a community representative, and three (3) City staff met with the Public Art Consultant for the Project to evaluate qualifications of the RFQ submissions.

Five (5) of the highest-ranking submissions were selected as finalists to receive a $500 honorarium and to prepare a project design concept. The five finalists were invited to participate in an in-person site visit to review the Fire Station 41 Bench Project and were given six (6) weeks to develop their final design concept. Each finalist was also given access to West Sacramento Historical Society archive photos related to Station 41 and firefighting in our community over the years. The proposals of the five (5) finalists were: Studio KLY LLC (Attachment 2), Calderon Studio (Attachment 3), Indar Mosaic (Attachment 4), Wes Horn (Attachment 5), and Garr Ugalde (Attachment 6).

On September 7, 2022, the Selection Panel convened to interview artists, review submissions, and score each proposal (see Attachment 7, Finalist Interviews/Artist Selection Agenda). Each of the artist interviews lasted approximately 30 minutes and the Panel members had the opportunity at the end of each interview to ask questions. At the completion of the interviews, an open discussion, led by the Public Art Consultant, was held between the Panel members to further discuss, and score each proposal (see Attachment 8 - Selection Criteria for Artists and Artwork). The Panel unanimously ranked Studio KLY LLC’s proposal the highest. The panel noted that Studio KLY LLC’s proposal meets all Panel review criteria categories, reflects original ideas, is made with durable materials, keeps within the approved project budget, and includes a strong community engagement component. They also emphasized that Studio KLY LLCs proposal honors the past, present, and future of the neighborhood surrounding Station 41.

Artists Kristina Young and Sam Tubiolo of Studio KLY LLC propose a colorful tile mosaic for the bench. The design highlights nostalgic and contemporary images that are familiar to residents of West Sacramento. On the front “Old Mary”, our beloved historical firetruck, with one of our contemporary fire prevention “West Sac Goats” riding atop. Studio KLY LLC has been extremely receptive to additional feedback received following their initial proposal, from Commission and other community members, resulting in a public art project that provides an opportunity for “instagrammable moments” where anyone in the community can capture a photo with our historical gem “Old Mary” and our “West Sac Goats”. Included on the front of the bench are images of homes to represent the community, built environment, and residents that the fire department protects. Studio KLY, LLC’s proposal also includes a community workshop at the bench site for public engagement in the creative process, and an opportunity to create tiles to be included in the “skirt” surrounding the base of the bench. A contract with Studio KLY LLC for the Fire Station 41 Bench Public Art Installation Project is included as Attachment 9.

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
On October 24, 2022, the Arts, Culture, and Historic Preservation Commission unanimously voted to recommend to City Council the Selection Panel’s highest ranked Artist Proposal for Fire Station 41 Bench Public Art Project by Studio KLY LLC for acquisition.

Strategic Plan Integration
The Project will contribute toward the City’s Vision 2022 Principal E: Creating Vibrant Neighborhoods by creating walkable and secure neighborhoods with adequate circulation and civic improvements.

Alternatives
In addition to the recommended action, the Council could:
1) Elect to not approve the contract with Studio KLY LLC for the Fire Station 41 Bench Public Art Installation Project at this time; or
2) Overturn the Selection Panel and ACHP Commission’s recommendation and recommend a different art proposal.

These alternatives are not recommended as considerable time has already been spent by City staff, the artists and ACHP Commission members to develop a thoughtful approach and funding strategy to procuring art for this 218
Contract with Studio KLY LLC
June 7, 2023

long overdue project. Additionally, all artists that participated in the Fire Station 41 Bench Public Art Installation Project were also invited to submit concepts for other City public art projects underway. To date, one of the artists, Wes Horn, submitted a proposal for the Southport Levee Trailhead and has been recommended by the ACHP Commission to be considered by City Council for that project at a future date.

Coordination and Review
The work referenced in this report was coordinated with the Economic Development and Housing Department, the Finance and Technology Department, the Fire Department, and the City Manager’s Office.

Budget/Cost Impact
There is no new budget impact associated with approving staff’s recommended action. On January 19, 2022, City Council adopted Resolution 22-11 authorizing the use of Public Art Funds (Fund 271) and the West Sacramento Foundation Infrastructure and Amenities grant award to complete the Project in an amount not to exceed $50,000.

ATTACHMENT(S)

1. Fire Station 41 Bench Photos

2. Proposal by Studio KLY

3. Proposal by Calderon Studio

4. Proposal by Indar Mosaics

5. Proposal by Wes Horn

6. Proposal by Garr Ugalde

7. Finalist Interviews/Art Selection Agenda

8. Selection Criteria for Artists and Artwork

9. Contract with Studio KLY LLC
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Attachment 1
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Sam Tubiolo & Kristina Young: FS41 Art Bench Proposal Project Narrative Summary
Kristina Young and Sam Tubiolo will work together to create a colorful clay tile mosaic for the FS41 art bench. The design will highlight nostalgic and contemporary images familiar to residents of West Sacramento. On the front: “Old Mary”, the beloved historical firetruck, with one of the firefighting “West Sac Goats” riding atop; and on the back: waves of blue water spraying from a fire hose held by another West Sac Goat.

Design Statement
Utilizing the long shape of the existing bench, Kristina and Sam will recreate “Old Mary” on the front of the bench, using photographic reference provided by the local Historical Society. Behind Old Mary the artists will include a simple line drawing of the landscape to represent the surrounding residential community. The firetruck will follow the shape of the bench, making it slightly distorted to create an approachable, fun design.

The truck’s firehose will extend from the top of the reel and curve around the bench to the back where a “West Sac Goat” will be holding it in his mouth. The hose will appear to provide a long spray of blue water, emulating a river, covering the back side of the bench. The “West Sac Goats” are a herd of goats regularly employed by the City of West Sacramento to help keep the grasses and weeds down in fire prone neighborhoods. They are popular in the community and even have their own hashtag (#westsacgoats). Sam and Kristina want to include them in the imagery to honor this contemporary method of fire prevention and include a note of charm and whimsy to the design.

On the ground surrounding the front of the bench, the artists will install a ‘skirt’ of hand cut tiles that will be created at a free community workshop.

Along the bottom of the bench’s front side, the artists will offer the option to include the words “West Sacramento Fire Station 41 – Community Built in 1938” in mosaic tile and “#westsacgoats” on the back.

Materials + Collaboration
Sam and Kristina will create the imagery using 4” square hand cut, sculpted (low relief) and glazed clay tiles. These will be permanently attached with professional grade thin set cement and grout to the bench surface.

PProposal by Studio KLY roposal by Studio KLY Attachment 2 222
Both artists create large scale murals for a variety of surfaces: Sam by sculpting and hand cutting bas-relief clay tiles out of Soldate 60 Stoneware Clay and Kristina by traditional glass and ceramic tile mosaic methods. Each artist has completed numerous public art projects and as studiomates since 2018, they have also frequently supported each other’s work with production assistance and technical guidance.

They plan to create the tiles and mosaic in their Napa studio and deliver in sections to the bench site for professional installation, grouting and sealing.

Maintenance
In general, very little maintenance will be required. Any graffiti or other stains should be removed as soon as possible. For dirt, use warm water and a neutral sulphatefree detergent (not household cleaners which can leave residue and dull the surface).

For pen, use a solvent like white spirit or alcohol. For paint, use paint remover.

Excessive use of these cleaning materials may result in damage to the grout which may need to be touched up afterwards.

For any impact or other serious damage, please contact the artists for repair.

Community Participation
Sam and Kristina also both have extensive experience leading community build art installations, where they invite the public to be part of the creative process. As a continuation of the way FS41 was originally built in 1938, the artists propose holding a community workshop onsite for the public to come and participate in the tile creation.

At the workshop, residents will have the opportunity to create and decorate clay tiles that will be used in the final composition. The artists will provide participants with all the materials, tools and direction necessary to hand build the clay tiles. This workshop will be free and open to all members of the public. They will work with City staff on a public outreach effort to reach local residents.

Local participation engenders community pride, understanding and ownership of collaboratively-built public art projects.

Optional Additions
To enhance the design and comfort of the bench, the artists propose that the City add another easily maintained tree planted near the bench to add much needed shade to the area and provide an even more welcoming place to relax. 223
Artist Team Introduction
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West Sacramento Fire Station 41
Community Built in 1938 226
 
 














 
 
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+ 234
‘A History in Tile and Stone’
West Sacramento Fire Station 41
Public Art Bench Proposal
Rude Calderón (team Leader)
626 673 0955
[email protected]
www.rudecalderon.com
Roberto Delgado
323.273.3059
[email protected]
235 www.titodelgado.com
The Design
We are proposing to artistically embellish the bench incorporating glazed ceramic tiles in-set into approximately twenty stone slabs that are attached to the cement bench and as pavers. This will create an overall sculptural relief.

Several of the slabs will be pavers placed in front of the bench to create a unified composition with the surrounding environment.

The ceramic glazed tile inset into the stones are designed and created using high fire glazes.

Tiles are cut into shapes of ancient global symbols, and the fire station bell.

Several techniques are applied and layered, including photo-silkscreen, with airbrush and slip trailing highlights and mosaic.

Historical photos are printed onto the tiles using the photo-silkscreen technique. 236
Our method combines stone sculpture with glazed tiles, creating a symbiotic dialogue between the stone and the narrative of photosilkscreen and airbrushed glazes. 237
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239
Tiles are cut into shapes
of ancient global
symbols.

Several techniques are
applied and layered,
including photosilkscreen, with airbrush
and slip trailing highlights
and mosaic.
240
Historical photos are printed
onto the tiles using the
photo-silkscreen technique.
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Stone slabs
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ANCHORING PINS

1.5 inches thick
bench stone slabs
5/8 dia. stainless steel
anchoring pins
2 inches thick
stone pavers
1”dia. x 18” long
stainless steel anchoring pin
246
Budget
Design (research, photography, Photoshop processing, design, travel) $4,500 Stone and Tile Fabrication
Artist Fee (prep to design and code specifications, carving of form, preliminary and final evaluation and touchup) $22,000
Materials
•Stones (Travertine, basalt, marble, sandstone), tiles, glazes $7,600 •Stainless steel pins $1,500
•Adhesives (epoxy, tile thin set, tile grout $2,000
Installation
Crating (wood, hardware) $800
Shipping and shipping insurance $2.200
Site prep, forklift rental and installation) $4,400
Total sculptural forms $45,000
247

TIMELINE

Development of preliminary design phase...........................15 days • Preliminary discussion of specific design proposal with Project Team and community, research for design
• Take photographs of the site
• Create and submit preliminary design
• Make modifications to preliminary design as requested Design phase....................................................................20 days • Zoom meetings and e-mail with architects, planners, and Project Team for specific design proposal, design-to-cost budget, and code specifications
• Analysis of special code requirements, and troubleshooting • Final Design presentation
• Client approval and notice to proceed with fabrication of artwork

Fabrication........................................................................150 days • Fabrication of sculpture includes carving the stones
• Midpoint review of fabrication phase
• Inlay the tiles
• Drill the stones
• Apply pins and sleeves
• Adhere stone and stainless steel elements
• Preliminary and final evaluation and touchup
Installation Phase as weather permits..................................20 days Project total time…………………………………………………. 205 days 248
Thank you for your time and consideration!
249
West Sacramento
Neighborhood Bench
Upgrade Proposal
By Robin Indar

INDAR MOSAICS
250
Ready for an upgrade!
Blank slate bench begs for tile!
251

INDAR MOSAICS
• 20+ years experience
• Woman Owned
• Handmade tiles
• Extensive public art portfolio
252
This 17 acre park in
Malibu, California,
opened in October 2010.

Along the pedestrian and
bike paths are eight large
mosaic covered
sculptures of wild animals
native to California.

Malibu Legacy Park
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Coyote Red-Legged Frog Red-Tail Hawk
Malibu Legacy Mosaic Animals
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Blue Belly Lizard
Red-Legged Frog Red-Tail Hawk
Malibu Legacy Mosaic Animals
California Newt California Kingsnake Western Toad
255
Sea Bench at South Bay Shores theme park
13’ long curved bench 256 Custom curved edge tiles
Handmade Tiles Make Mosaics Pop!
Design for a 6’ x 8’ mosaic at an Elementary School in L.A.

Handmade tile flower from the design
257
Screen Printed Tiles!
Screen printing on to rolled out wet clay
Screen printed logo tile fired and glazed
<<Raw clay with freshly
screen printed logo on it
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Front of bench design
Seat portion not shown as this is the view straight on from the front 259
Front and right side of bench
260
Left side of
bench design
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Back side of bench design
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Budget
Breakdown
Indar Mosaics Budget for W. Sac Bench Project
Design: $100/hr x 60 hours $6,000
Fabrication of tiles and mosaic: 200 hours x $100/hr $20,000 Contingency (10% of total) $4,300
Transportation, gas: 178 miles RT x 10 x $.625/mile $1,113 Accommodations: motel x 8 nights (3 weekends) of
installation at $210/night $1,687
Materials: clay, glazes, thinset, grout, sponges, floats, tiles $4,000
$1M Gen. Liability Insurance $500
Installation: $400/day mosaic lead x 6 days $2,400
Installation $250/day mosaic assistants x 2 ppl x 6
days $3,000
263 $43,000
West Sacramento Station 41 Bench
Wes Horn Concept Design
September 7, 2022
This design for the existing bench at Fire Station 41 takes imagery from West Sacramento’s natural and human-made
landscape and combines them in a unique expression of the immediate community. The entirety of the bench will be surfaced in a combination of mosaic tile and handmade ceramic relief to create a colorful, vibrant, and supremely durable surface that invites touch and reflection.
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Garr Ugalde-Artworks

1. Textures 2. Angelus

3. Agora’s Light II 4. NLCP-Coyote IV

5. Anansi’s Web
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Fire Station 41
Bench Project Proposal
“Wildflowers Upon the Channel”
Presented by
Garr Ugalde
September 7, 2022
274
“Wildflowers Upon the Channel”
The Fire Station 41 Bench Project presented me with several questions and potential obstacles with developing a design plan for this site. Upon visiting the site with members of West Sacramento’s Art Commission and Parks and Recreation I had a conversation with my contractor, Matt Thompson of Odin One Construction, who accompanied me for the tour.

My conversation with Matt revealed two very important things. One, originally, I had in my head that I wanted to create a sculptural enhancement onto the form of the existing bench. After talking with Matt, he was adamant that the surface of the bench should not be breeched with any kind of anchoring bolts or screws due to the original construction of the bench. He informed me that the bench could and probably would start “egg shelling”, layers of the surface would start falling off, imperially the integrity of the bench as a whole.

Two, not many people in the neighborhood ever stopped to sit at the bench. The bench is partially shaded in the morning and late afternoon from two small oak trees on either end of the bench. For most of the day, however, the bench is bathed in direct sunlight. Those in the neighborhood usually take their lunch or noonday walks in Willie DaPrato Park. In a sense DaPrato Park is the competition for anyone strolling the neighborhood and looking for somewhere sit down to take a rest, have lunch or to play a game of chess with a friend.

As you may know, I had lived in that very neighborhood for several years and used to walk daily an elderly bull terrier around that very bench. The dog and I would make our way one block away to Willie DaPrato Park. The dog, Miss Purdy, and I would spend some time there circling the park. The park is amply shaded with several picnic tables and benches.

With that in mind, I had to rethink my original approach to this project. What became evident for me was that the bench not only needed an artistic enhancement but that a shade structure should be a major component in the design.

“Wildflowers Upon the Channel” depicts wildflowers, the grasses, nature and the distant bluffs in the western skyline and, of course, the deep-water channel of West Sacramento.

My thought was to depict something that people passing by would be moved to become engaged with. The overhead panels depict the shapes of oak leaves, harkening the two oak trees that bookend the existing bench. The graphic design is plasma-cut into the panels, basically cutting out shapes in the metal. The Corten steel has a rust-red that will complement the color of the bench and complement the red elements of the fire station.

Once the panels are installed and the work complete, the sun will cast moving patterns over the bench from the overhead and back panels as the sun moves across the sky east to west.
275
The shade structure, which is the main component for this project, will be made up of four (4) 1/8 in. thick Corten steel plates/panels (two back panels and two overhead panels) and three (3) 4 in. diameter Corten steel tubes/support posts. The steel tubes/support posts shall be anchored into the ground; two behind the bench at both ends of the bench and one center support which also has an angled support beam and support gusset for the overhead shade plates. The support posts will be 7 ft. in height. The center support post, with its additional angled support, will at its apex have a height of approximately 9 ft. from ground level.

The design consists of two (2) 4’ x 7’ x 1/8” steel panels that are rolled to follow the contour of the back of the bench. The overhead panels follow the same contour of the back panels and mimics in shape the front curvature that come to points on the outer support posts.

In addition to the shade structure, I am proposing to install three (3) small gaming tables with two (2) free standing seats in front of the bench. This will activate the site, inviting people to enjoy the bench; have a meal, take coffee, play a game or just interact with a neighbor. The tabletops will have mosaic tiling. As one stands in front of the bench, from left to right, the left end table shall have the initials “WS”, for West Sacramento, the middle table shall have the emblem “41”, in honor of Fire Station 41 and the third table shall have the initials of “FD”, for Fire Department.

The tabletops will be 24” in diameter and have a height of 24” from ground level. The two outer tables shall have two small seats 12” in diameter and rising 14” up from ground level.

The center “41” table will not have a seat installed leaving space for a wheelchair or a stroller to be pulled up close to the table.

As for the bench itself, should I be the selected artist, I would patch and re-surface any cracking or pock marks in the existing bench. I would prime the surface and use a “Teal Green” cement paint for the finish coat. The teal green is an inviting and soothing color that will give the bench a cooling presence. Heeding the words of my contractor I feel that this is the best approach for dealing with the bench which, on its own terms, is quite comfortable to sit upon.

Once the components of the shade structure are complete, I believe that those strolling the neighborhood with their dog, their children in a stroller or just walking the block with a coffee in hand, the bench will not be the “slug”, as it was once known, but will be an inviting spot to take a rest, read a book or play a game of chess with an old friend. 276

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Fire Station 41 Bench Project Budget*

1. Artist Design/ Project Management Fee $ 8,400

2. Contractor-Odin One Construction $21,000
(Includes Fabrication, Installation, Coating
of Steel Elements, Equipment Rental,
Artwork Transportation, Site Prep & Site Clean Up)

3. Paint Bench & Mosaic Tabletops/Seats $ 1,000

4. Materials $ 2,500
(Steel Plates, Steel Tubing, Cement Compounds,
Paint & Misc. Hardware)

5. Engineering Drawings/Specs-Response Engineering $ 4,000

6. Insurance-General Liability $ 600

7. Documentation of Project-Video/Photograph $ 300

8. Contingency (10% of Budget) $ 4,200
TOTAL $42,000
Maintenance
Maintenance for the shade structure and mosaic tabletops and seats will, for all intents and purposes, will be very minimal. Corten steel is virtually maintenance free, and the bench and tables and seats may need rinsing occasionally. Very low maintenance. *Permits & Inspection costs are incurred by the City of West Sacramento. 279
AGENDA

CITY OF WEST SACRAMENTO
Fire Station 41 Public Art Bench Finalist Interviews/Artist Selection September 7, 2022, noon – 4:00 p.m.

City of West Sacramento Community Center
1075 West Capitol Ave., West Sacramento

1. Process overview: noon – 12:15 a.m. (Shelly Willis)
(Working lunch. Lunch will be provided)

2. Interviews:
§ Studio KLY: 12:15 – 12:45
§ Calderon Studio: 12:45 – 1:15
§ Indar Mosaic: 1:15 – 1:45
§ Wes Horn: 1:45 -2:15
§ Garr Ugalde: 2:15 – 2:45
Break: 2:45 – 3:00

3. Discussion and scoring: 3:00 – 3:45

4. Selection and approval: 3:45 – 3:55

5. Next steps 3:55 – 4:00 (Connie Leek)
Artist/Atwork Selection Panelists:
• Denice Domke, West Sacramento Arts, Culture, and Historic Preservation Commissioner • Cheryl Gleason, West Sacramento Arts, Culture, and Historic Preservation Commissioner • Pat Flint, West Sacramento Community Representative
City of West Sacramento Parks Department Staff:
• Ciara Cumiskey, Recreation Coordinator
• Connie Leek, Recreation Manager
• Chris Surawski,Senior Project Manager
280
City of West Sacramento
Fire Station #41 Public Art Project
Selection Criteria for Artists and Artwork
September 6, 2022
Criteria to consider when ranking the artist’s proposal:

• Artistic Merit: Including the originality of the concept and artistic vision; the degree to which the work engages the viewer emotionally, intellectually, spiritually; the quality of craftsmanship or mastery of skills and techniques.
• Meet Project Goals: The proposed artwork meets the specific goals of the project as defined below.

The proposed artwork considers Fire Station #41 and/or the surrounding neighborhood and community.

Even though the Fire Station is located in one of the City’s older neighborhoods, the artwork does not need to specifically consider the historic nature of the site. The artwork could be about the past or present. In general it should be timeless. It should not emphasize what the City of West Sacramento has been more broadly known for (the confluence of the rivers, the Sacramento Bridge, Sandhill Cranes), but truly reflect the site, and the immediate surrounding area. • Relevant Skills & Experience: The ability of the artist(s) to successfully implement the proposed project, such as the ability to work constructively with other project stakeholders, meet deadlines, willingness to resolve issues as they arise, and generally manage the demands of the project. • The Artwork is Appropriate to the Site: The proposed artwork is appropriate for its intended display location in terms of scale, media, design or imagery and is judged to be relevant within the context of the surrounding community.
• Feasibility/Maintainability: The production of the proposed artwork is feasible as evidenced of the artist’s ability to successfully complete the work as proposed. Factors to be considered include, but are not limited to: project budget, timeline, and the artist’s experience. Due consideration shall be given to the structural and surface soundness, and to inherent resistance to theft, vandalism and weathering, and to the cost and amount of ongoing maintenance and/or repair anticipated. 281
282
Studio KLY
PAR23-017 Fire Station 41 Public Art Bench

CONTRACT TO PURCHASE ARTWORK
THIS CONTRACT is made on June 7th, 2023, by and between the City of West Sacramento (“City”) and Studio KLY LLC (“Artist”).

Studio KLY LLC
1830 Georgia Street
Napa, CA 94559

WITNESSETH
WHEREAS, the City desires the selection, purchase and placement of artwork to be affixed to and installed on the existing bench located at Fire Station 41,132 15th Street in West Sacramento, California ("Work");
WHEREAS, on June 28, 2021, the City of West Sacramento Arts, Culture, and Historic Preservation Commission (ACHP Commission) voted to approve a recommendation to City Council that up to $50,000 of the Public Art Fund (Fund 271) be appropriated to complete Fire Station 41 Art Bench as a Public Art Installation; WHEREAS, on January 19, 2022, City Council authorized staff to initiate the West Sacramento Fire Station 41 Bench Art Installation Project and adopted Resolution 22-11 authorizing the use of Public Art Funds and the West Sacramento Foundation Infrastructure and Amenities Fund grant award to complete the project in and amount not to exceed $50,000;
WHEREAS, on April 8, 2022, the City opened a formal Request for Qualifications (RFQ) for the project.

WHEREAS, on June 24, 2022, an artist Selection Panel comprised of two City ACHP Commissioners, and a community representative met with City Staff and the Public Art Consultant for the project to evaluate qualifications of the RFQ submissions.

Five (5) of the highest ranking submissions were selected as finalists to receive a $500 honorarium and prepare a project design concept.

WHEREAS, on September 7, 2021 the Selection Panel once again convened to interview five finalist artists, review designs, and score each of the artist’s proposals.

Studio KLY LLC’s proposal was unanimously ranked the highest by the selection panel. (Exhibit A)
WHEREAS, on October 24, 2022 the City of West Sacramento Arts, Culture, and Historic Preservation (ACHP Commission) unanimously voted to recommend that City Council approve a contract for the Work proposed by Artist for acquisition and installation;
283
Studio KLY
PAR23-017 Fire Station 41 Public Art Bench
NOW THEREFORE, the parties mutually agree as follows:

1. Scope of Work. Subject to the terms and conditions set forth in this Contract, Artist shall:

A. Purchase on Artist's account all labor, supplies, services, materials and equipment required to design and furnish, fabricate, deliver and install the Work to the satisfaction of City and in substantial conformance with Artist's Proposal.

B. Artist shall not commence performance of any of the services identified in section 1.A until receiving a written “Notice to Proceed” from the City for each Phase and Milestone of this project.

2. Payment. City shall pay Artist forty two thousand dollars ($42,000.00).

Payments to Artist shall be made within 21 days after receipt of Artist’s invoices.

Artist shall be responsible for the cost of supplying all documentation necessary to verify the billings to the satisfaction of City. Artist agrees that City has no obligations regarding commissions or any Contracts with galleries or agents with whom Artist may have contracted. City shall not be responsible for paying sales tax. Payments to Artist will be made as follows:

A. Seven thousand and five hundred dollars ($7,500) upon submission of certificates of insurance acceptable to City, execution of this Contract, and dispatch of Notice to Proceed.

C Fifteen thousand dollars ($15,000) upon completion of Phase 2.a milestone:

Production of community workshop.

C. Ten thousand dollars ($10,000) upon completion of Phase 2.b milestone:
100% complete and approval by City of West Sacramento staff before transportation to site.

F. Eight thousand dollars ($8,000) upon completion of Phase 3: Artist will transport and install the Work.

G. One thousand and five hundred dollars ($1,500) upon completion of Phase 4: Acceptance of the Work by City, satisfactory completion and submission of the Maintenance Report attached hereto as Exhibit B, submission of 20 high resolution (300 dpi minimum) digital images of completed Work on CD and submission of replacement components for maintenance of Work.

Provided, however, that no payment shall be made if Artist is in default of this Contract or if any milestone or Phase is not completed to the satisfaction of City.

City shall be the sole determiner of when a milestone or Phase has been completed to its satisfaction.
284
Studio KLY
PAR23-017 Fire Station 41 Public Art Bench
o Time of Performance & Documentation of Work. Time is of the essence in this Contract. Artist shall dedicate such time and effort as is necessary to fulfill Artist's obligations to completely finish and install the Work to the satisfaction of City within the timelines set forth in the Schedule of Performance, attached hereto and incorporated herein by this reference as Exhibit B, except as the Work may be delayed by circumstances described in section 19, below. City shall make its staff and contractors reasonably available to Artist for consultation and assistance in order to achieve the purposes of this Contract. Artist shall provide to the City twenty (20) high resolution (300 dpi minimum) digital images documenting the processes of Work fabrication and installation. Artist shall also provide City with a complete schedule for the maintenance of the Work in the form reflected in Exhibit C hereto.

4. Artist Warranties.

A. Restoration of Work Site. Artist agrees and warrants that, within 30 days after the Work is accepted by the City, Artist shall restore the Work site (including the entire area affected by the fabrication and installation of the Work) to a state and condition that is substantially similar to that which existed when the Work was begun. Artist further agrees and warrants that, within the period specified herein, Artist shall repair or replace, as is determined necessary by City, and to the reasonable satisfaction of City, all property (real, personal or otherwise), which has been damaged, injured or otherwise adversely affected by the acts or omissions of Artist, Artist’s agents, contractors, or employees. Artist shall be solely responsible for all expenses and costs which may be necessary to comply with the requirements of this paragraph, and City shall have no responsibility or liability therefore.

B. Originality of Work. Artist warrants that the Work is original and is solely the product of Artist’s own creative efforts and does not infringe the rights of any person or entity. Artist also warrants that, unless otherwise provided in an amendment to this Contract, the Work is original, that it is an edition of one (1), and that Artist shall not sell, license, perform or reproduce a substantially similar copy of the Work without the prior written consent of City. However, nothing contained herein shall prevent the Artist from creating future works in the Artist's style and manner of working.

C. Work Free from Defects. Artist shall warrant and maintain the Work free from all faults or defects related to material or workmanship for a period of two years after the Work is accepted by City.

D. Compliance with all Laws. Artist agrees to fabricate and install the Work in conformance with all applicable laws.
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5. Transfer of Title to Work. Title to the Work shall remain with Artist until City has accepted the Work as completed and it is installed to the satisfaction of City.

When City has so certified, title shall transfer to City. Artist shall bear all risk of loss of the Work until title has been transferred to City, and City agrees to inspect Work and accept Work within thirty (30) days of Artist’s notification of completion, unless the provisions of 7.A. or 7.B apply.

6. Performance Made Impossible. In the event it shall become impossible for Artist to complete the Work because of illness, death or injury, this Contract may be terminated at the sole discretion of City, and, in such event, all completed work, materials, and supplies related to the Work shall be delivered to City and shall, along with the Proposal, become City's sole property. City shall thereafter have no obligation to make any additional or further payments to Artist, and Artist shall have no further or additional claims against City with respect to the Work or such portion thereof as may be completed, or the Proposal, or with respect to any matter whatsoever pertaining to, affected by or embodied in this Contract. In the event of such termination, City may take such action as may appear to it appropriate under the circumstances, including, without limitation of the generality of the foregoing, commissioning another artist to complete the Work. In the event that City completes the Work or arranges to have it completed, Artist’s name shall be publicly displayed at, on or near the Work, unless Artist and City mutually agree otherwise.

7. Acceptance of Work. City agrees to accept the completed Work unless:

A. The Work was not completed in substantial conformance with the Proposal or the specifications, or
B. The Work as completed or any portion thereof does not conform to a reasonable standard of artistic or technical quality. City shall provide its reasons for this finding to Artist in writing no later than ten (10) days after Artist has tendered the Work to the City for City’s acceptance. Where the Artist disputes this finding, the dispute may, if the Parties so agree, be submitted to Arts Arbitration and Mediation Services (“A.A.M.S.”) of California Lawyers for the Arts, Sacramento for resolution and any decision by A.A.M.S. shall be binding upon City and Artist and neither shall have any further recourse or cause of action regarding the matters so resolved.

C. Upon the City’s refusal to accept the Work for the reasons stated in subparagraphs 7.A or 7.B, City shall have the right to: 1) request that Artist correct the deficiencies in the Work within a reasonable time, or 2) terminate this Contract and recover all sums previously paid to Artist. Both remedies shall be independent and cumulative and in addition to any other remedy available to the City at law or equity. Enforcement of one such remedy shall not be exclusive nor shall it be deemed an election of such remedy to the 286
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exclusion of any other or further remedy. However, nothing contained herein shall limit City’s available remedies at law and equity.

D. No payments to Artist shall be deemed as a waiver of City’s right to refuse to accept the Work.

8. City Maintenance of Work. City agrees to reasonably ensure that the Work is properly maintained and protected. City agrees that it will not intentionally destroy, damage, alter, modify or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, the Work will no longer be represented as the work of the Artist without his or her written permission. City shall in such case consult with Artist and the parties shall in good faith attempt to agree on a permanent solution in order to preserve the artistic value of the Work. Such solution may involve Artist making author's modifications to the Work or other repairs for a reasonable fee, but nothing herein obligates the City to agree to such modifications or other work or to compensate Artist. This does not preclude the City's right to move or remove the Work from display or deaccession the Work. In the event it becomes necessary to change the placement of the Work, City shall confer with Artist concerning placement.

9. Repair of Work. In the event repair of the Work is required, City may give Artist the opportunity to perform the repairs for a reasonable fee. In the case of disagreement between City and Artist as to what constitutes a reasonable fee, the fee determined by an independent conservator selected by City shall be considered a reasonable fee. In the event Artist refuses to make the repairs for such fee, City may arrange for repairs by another qualified person. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by City without advance notice to Artist, and such repairs shall not constitute an artistic alteration. City shall thereafter notify Artist as soon as is practicable. Artist has agreed to provide the City with supplies and instructions needed for minor repairs and replacement of reflective material at the time of installation.

10. Work Authorship. Artist shall retain the copyright to the Work and the right to claim authorship of the Work. City shall ensure that Artist’s name is publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or altered, City shall no longer represent the Work to be the Work of Artist if Artist gives written notice to City that Artist denies authorship of the Work on the grounds stated in this paragraph. In the event City disputes the right of Artist to deny authorship, the matter may be submitted to A.A.M.S for mediation or arbitration. If the parties select arbitration, the determination by A.A.M.S shall be binding upon City and Artist and neither shall have any further recourse or cause of action regarding the matters so determined.

11. Artist Payment of Contractors and Employees. In the event Artist hires or contracts with employees, subcontractors, or material suppliers, Artist shall pay 287
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these employees, subcontractors, or material suppliers out of the payments made to Artist by City for completion of the phase of work for which the employees, subcontractors, or material suppliers provided labor or materials and provide proof of payment to the City and lien releases, as City deems appropriate, prior to completion of the next phase of work. In the case of nonpayment of wages or other amounts due the employees, subcontractors, or material suppliers herein, City may withhold from Artist out of payments due a sum sufficient to pay such persons the amounts owed by Artist absent evidence satisfactory to the City of a legal basis for such nonpayment. All subcontractors engaged by Artist in the territory of California shall be properly licensed pursuant to the Contractors State License Law (Business and Professions Code sections 7000 et seq.). Before performing any work, each subcontractor shall provide to the City and Artist evidence that the subcontractor has workers’ compensation insurance coverage if this insurance is required by state law.

12. Indemnity. Artist shall defend, hold harmless and indemnify City, its officers and employees, and each and every one of them, from and against any and all claims, actions, damages, costs, liabilities, demands, losses, judgments, penalties and expenses of every type and description including, but not limited to, any fees and/or costs reasonably incurred by City’s attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Claims”), including but not limited to Claims arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, that arise out of, pertain to or relate to any negligent act or omission, recklessness or willful misconduct of Artist, its subcontractors or agents, and their respective officers and employees, in connection with performance of or failure to perform this Contract, whether or not such Claims are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from the sole negligence or willful misconduct of City, its subcontractors or agents, and their respective officers and employees. The existence or acceptance by City of any of the insurance policies or coverages described in this Contract shall not affect or limit any of City’s rights under this Section 12, nor shall the limits of such insurance limit the liability of Artist hereunder. The provisions of this Section 12 shall survive any expiration or termination of this Contract.

13. Insurance. During the entire term of this Contract (i.e. until acceptance of the Work by the City), Artist shall maintain the insurance coverage described in this Section

13. Full compensation for all premiums that Artist is required to pay for the insurance coverage described herein is included in the compensation paid to Artist under this Contract. No additional compensation will be provided for Artist’s insurance premiums.
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It is understood and agreed by the Artist that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Artist in connection with this Contract.

A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance, providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. (2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Artist.

No automobile liability insurance shall be required if Artist completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this Contract.” ________ (Artist initials)
(3) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Worker’s Compensation policy shall include a waiver of subrogation for contracts involving construction or maintenance, or if required by the City by selecting the option below:
____ Workers’ Compensation waiver of subrogation in favor of the City is required for all work performed by the Artist.
____ No Workers’ Compensation insurance shall be required if Artist completes the following certification:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________ (Artist initials)
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(4) Professional Liability Insurance providing coverage on a claims made basis for errors, omissions or malpractice with limits of not less than one million ($1,000,000) dollars if required by the City by selecting the option below:
_____ Professional liability insurance is required and must be continued for at least _____ year(s) following the completion of all Services and Additional Services under this Contract.

B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of activities performed by or on behalf of Artist, products and completed operations of Artist, and premises owned, leased or used by Artist. The general liability additional insured endorsement must be signed by an authorized representative of the insurance carrier. If the policy includes a blanket additional insured endorsement or contractual additional insured coverage, the above signature requirement may be fulfilled by submitting that document with a signed declaration page referencing the blanket endorsement or policy form.
(2) Automobile Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Except for professional liability, Artist’s insurance coverage shall be primary insurance as respects City, its officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officials, employees or volunteers shall be in excess of Artist’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers. (3) Coverage shall state that Artist’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.
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or material change in the policy language or terms.

D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:V. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 13 must be declared to and approved by the City’s Risk Management Division in writing prior to execution of this Contract.

E. Verification of Coverage
(1) Artist shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements shall be forwarded to the City of West Sacramento, City Clerk. Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) The City may withdraw its offer of contract or terminate this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contractor when demanded by City.

The City may withhold payments to Artist and/or terminate the Contract if the insurance is canceled or Artist otherwise ceases to be insured as required herein.

F. Subcontractors
Artist shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subparagraph A, above.

14. Copyright. Artist expressly reserves every right available to Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproduction of the Work except as those rights are limited by this Contract. Artist agrees to give a credit substantially in the following form: "Original owned by the City of West Sacramento" in any public showing of reproductions of the Work. Artist authorizes City and its assigns to make photographs, drawings, and other two-dimensional reproductions of the Work without prior consent of Artist if used solely for non-commercial purposes, advertising, descriptive brochures, and similar purposes. All reproductions by City shall contain a copyright notice substantially in the following form: "©, Artist’s name, date", in such a manner and location as shall comply with the U.S. Copyright laws.
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15. Waiver of VARA and CAPA Rights. With the exception of Artist’s rights as to third parties, Artist waives any and all rights Artist may have with respect to the Work under the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art.

16. Location of Work. The final location of the Work shall be determined by the City’s architect or engineer following consultation with Artist.

17. Dispute Resolution. If any dispute is submitted to a third party for resolution, all fees, expenses, and costs connected therewith shall be borne jointly and equally by City and Artist. The previous sentence notwithstanding, each party shall bear their own attorneys’ fees and costs. Each and every obligation under this Contract to submit any matter to a third party for resolution is conditioned upon the foregoing two sentences of this paragraph. If any matter is to be submitted to A.A.M.S, and if at the time such submission is called for, A.A.M.S is not in existence or is not able or willing to provide such resolution service, then the matter shall be submitted for resolution to the American Arbitration Association in accordance with their procedures then in use.

18. Artist Change of Address. Artist shall notify City in writing of any change of address. Failure to do so shall constitute a waiver of Artist’s rights under this Contract during the time of the omission. Any waiver of a right pursuant to this Contract for failure to maintain Artist's current address may be cured prospectively only by notifying CITY of Artist’s current address. All rights of Artist pursuant to this Contract shall be personal to Artist and shall terminate upon either the legal disability or incompetence of Artist or upon the death of Artist, except as provided Artist under copyright laws.

19. Excuse from Performance. In the event Artist’s performance of any of his obligations or undertakings under this Contract is delayed, interrupted, or prevented by an act of God, unforeseen conditions, unusually severe weather, or occurrences that are beyond the control of either party to this Contract, Artist shall be excused from any further performance for whatever period of time after the occurrence necessary to remedy the effects of that occurrence. Artist shall notify City in writing within ten (10) days after any occurrence described in this section that may delay Artist performance. City shall amend the Schedule when, in its determination, Artist’s performance has been excused, and the delay or interruption has resulted in a material change in the time for performance.

20. Public Lecture. As part of his Contract, Artist will give one public art lecture regarding the Work after the installation of the Work is completed. Arrangements are to be approved in advance by the City of West Sacramento. In case Artist 292
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would not be at such time of the public lecture present in California, City shall cover Artist's reasonable travel and accommodation costs.

21. Conceptual Drawing. As part of this Contract, Artist will provide the City of West Sacramento one (1) original conceptual drawing of the proposed artwork.

22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.

23. Entire Contract. This document, including all exhibits, contains the entire Contract between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Artist, and by City.

24. Severability. If any portion of this Contractor the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

25. No Waiver. Neither City acceptance of, or payment for, any work performed by Artist, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

26. Choice of Law & Venue. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Contract shall lie exclusively in the state trial court or Federal District Court located in, or with jurisdiction over, Yolo County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

27. Assignment Prohibited. The expertise and experience of Artist are material considerations for this Contract. Artist shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

28. Binding Effect. This Contract shall be binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 27, above.

29. Term & Suspension & Termination.

A. This Contract shall become effective on the date that it is approved by both parties, set forth on the first page of the Contract, and shall continue in 293
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effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.

B. City shall have the right at any time to temporarily suspend Artist’s performance hereunder, in whole or in part, by giving a written notice of suspension to Artist. If City gives such notice of suspension, Artist shall immediately suspend its activities under this Contract, as specified in such notice.

C. City shall have the right to terminate this Contract at any time by giving a written notice of termination to Artist. If City gives such notice of termination, Artist shall immediately cease rendering services pursuant to this Contract.

If City terminates this Contract:
(1) Artist shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this Contract.
(2) City shall pay Artist the reasonable value of services rendered by Artist prior to termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Artist had the Contract not been terminated. In this regard, Artist shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Artist. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

CITY OF WEST SACRAMENTO
A Municipal Corporation
By: ________________________________
Aaron Laurel, City Manager

APPROVED TO AS FORM:
______________________________________
City Attorney
ATTEST:
______________________________________
City Clerk
ARTIST:
___________________________________
Kristina Young, Studio KLY LLC
_______________________________
Federal I.D. or Passport No.
___________________________________
Date of Birth
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
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_____ Corporation (may require 2 signatures)
_____ Limited Liability Company
_____ Other (please specify: ________)
Attachments
Exhibit A: Artist Proposal
Exhibit B: Schedule for Performance
Exhibit C: Maintenance Report
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EXHIBIT A
Artist Proposal

ARTWORK DESCRIPTION
KLY Studio will create a colorful clay tile mosaic for the FS 41 art bench. The design will highlight nostalgic and contemporary images familiar to residents of West Sacramento: Old Mary, the beloved historical firetruck, with one of the firefighting “West Sac Goats” riding atop.

The back of the bench will feature a three dimensional ceramic tile mosaic of waves of blue water spraying from a fire hose held by another West Sac Goat.

WORKSHOP
KLY Studio has extensive experience leading community build art installations, where the public is invited to be part of the creative process. As a continuation of the way FS 41 was originally built in 1938, KLY Studio proposes holding a community workshop onsite for the public to come and participate in the tile creation.

At the 2 hour workshop, up to 50 residents will have the opportunity to create and decorate clay tiles that will be used in the final composition. KLY Studio will provide participants with all the materials, tools and direction necessary to hand build the clay tiles. This workshop will be free and open to all members of the public. KLY Studio will work with City staff on a public outreach effort to reach local residents.

KLY Studio Biographies
Kristina Young is an artist and community leader living in Napa, California who studied art and design at the University of British Columbia (Vancouver, BC), California College of the Arts (San Francisco, CA) and received her BFA from Richmond College (London, UK). Since 2000, she has worked with non-profit, private and government and educational entities to develop, manage and advocate for arts programing and accessibility. She specializes in collaborative, large-scale murals and mosaic art for private and public spaces. She is currently the lead artist for the Napa Quake Mosaic, a collaborative public art project planned to be installed in the downtown Napa’s Rail Arts District.

Sam Tubiolo is a visual artist and arts educator whose primary art forms include ceramic murals, public art and sculpture. His work revolves around themes of landscape, human presence, passage of time, and sense of place. He has taught ceramics as well as sculpture, papermaking, printmaking, drawing and painting at many different levels, including universities, community colleges, neighborhood art workshops, public schools, centers for developmentally disabled, and correctional facilities. Mr. Tubiolo has worked as an Artist/Educator with The California Arts Project (TCAP) and as an Artist-in-Residence with the California Arts Council and the New Mexico Arts Division. Art in Public Places programs in New Mexico and California feature a number of his works. Mr. Tubiolo holds a BFA from Rochester Institute of Technology, and MA and MFA from the University of New Mexico. He is a retired Professor of Art from Sierra College in Rocklin and Grass Valley, CA. He currently teaches art at California Medical Facility in Vacaville and produces his art and public works in Napa, CA. 296
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Sam and Kristina have been studio mates since 2018 and have frequently supported each other’s work with production assistance and technical guidance. They plan to co-teach the community workshop as well as create the tiles and mosaic work for this project in their Napa studio and deliver in sections to the bench site for professional installation.

ARTWORK RENDERINGS

FRONT OF BENCH

BACK OF BENCH
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CONCEPT DESIGN AND LOCATION OF GROUND SURFACE
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West Sacramento FS41 Bench Project Budget Total: $42,000 Item Amount Note
Studio Costs Artists's Fee (design and project management) $8,400.00 20% of total Studio Overhead (rental, stoarge) $5,500.00 $500/mo x 11 months Insurance $1,000.00 $500/year x 2
Photo/video documentation $500.00 Israel Valencia Travel Cost $530.00 $53/trip x 10 trips (92 miles round trip) Fabrication
Studio Production + Community Workshop $9,750.00 labor Materials + Supplies $2,000.00 clay, glaze, firing cost, mosaic tiles Installation
Installation Team $8,000.00 labor + materials (thin set, grout, sealer) Ground tile substructure $2,000.00 concrete work
Site preparation and clean up $0.00 City to power wash and apply ARDEX to strengthen surface Engineering, permits, and inspections $120.00
Subtotal $37,800.00
Contingency $4,200.00 10% of total
Total $42,000.00
Optional
Shade tree $500.00 provided by City
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EXHIBIT B
Schedule of Performance
The following schedule shall be adhered to in the design, fabrication and installation of Work:

Start Date: Upon receipt of a Notice to Proceed (purchase order) from City.

Phase 1:
 Timing: Phase 1 to be completed by four months after Contract execution and after City payment, upon execution of this Contract, has been received by Artist.

 Description: Artist shall produce a workshop in collaboration with the City for up to 25 participants.

Phase 2:
 Timing: Phase 2 to be completed and invoiced by October 30, 2023 (provided the Start Date will occur no later than on July 1, 2023) and after completion of a workshop and after City payment for completion of Phase 1 has been received by Artist. Phase 2 will include multiple milestones, each with their own deliverables. The Description section below will describe each of these milestones within Phase 2 and the associated deliverables for each.
 Description: Fabrication of the work as described
below.
o Milestone 2-A:
 Artist shall submit a detailed written description of the fabrication and installation methods (“Installation Specifications”).
 Artist shall submit a detailed fabrication and installation schedule (“Installation Schedule”), describing Artist’s specific timelines for completing the Work including the definition for 50% completion for the Work.
 Artist recognizes and agrees that the City will review the Installation Specifications and Installation Schedule and may make additional requests for changes. Artist will need to receive City approval of the Installation Specifications and Installation Schedule.
o Milestone 2-B:
 Includes 100% completion of the Work and approval by City before transportation to site.
 Artist shall fabricate the Work in accordance with the proposal attached hereto in Exhibit A and approved by the City. To the extent that any specification for the Work is not identified in the Final Design, Artist shall seek the City’s prior approval of these specifications before commencing with fabrication of the Work.
 Artist shall notify the City when the Work is at 100% 300
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Phase 3
 Timing: Phase 3 to be completed by June 1, 2024 (provided the Start Date will occur no later than November 1, 2023) and after City payment for completion of Phase 2 is received by the Artist.
 Description: Artist will transport and install the Work per the Installation Specifications and Installation Schedule approved by the City.

Phase 4
 Timing: Phase 4 to be completed by July 1, 2024 one month after completion of Phase 3
 Description:
o Artist will need to receive acceptance of the installed Work by the City; o Complete and submit to City staff the Maintenance Report (Exhibit C); and o Submit 20 high resolution (300 dpi minimum) digital images documenting the processes of Work fabrication and installation and completed work.

In no event shall Artist begin work on any Phase or Milestone without first receiving a written Notice to Proceed from City.

The Notice to Proceed, or any approvals or other cooperation of City pursuant to this Contract, having an effect on creation and manufacturing of the Work, shall not be unreasonably withheld or delayed by City.

In case the Start Date occurs later than on July 1, 2023 or City is withholding or delaying its approvals or other cooperation of City pursuant to this Contract, all fixed dates in this Contract shall be re-scheduled accordingly.
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EXHIBIT C
Maintenance Report
Artist:

Address:

Home Phone: Work Phone:

Studio Phone: Email Address:

1. Title of the Artwork:

2. Medium or material:

3. Edition information, if applicable:

4. Date and place executed:

5. Collaborating artist(s), if applicable.

6. Maker(s) other than Artist (fabricators, technicians), if applicable. Include names, addresses, phone numbers and element worked on.

7. Location of signature and copyright mark, if it occurs.

8. Exhibitions pertaining only to the above-named work, if any. 302
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9. Published reviews or articles concerning the above named work.

10. Dimensions (please measure in both inches and centimeters; record height first, then width, then depth if needed or diameter; if a work is irregular or circular in shape, state as such in parenthesis; if work involves multiple pieces, measure the significant parts as well as the whole; measure the work separately from the frame or pedestal; include the dimensions of the frame or pedestal.)

11. Materials used in the execution of the Artwork (be technical and specific).

12. Technique or construction methods used in the execution of the Artwork (attach fabrication drawings, if necessary).

13. Material finish on the Artwork (glaze, paint color and type, sanding, grit, tool pattern, patina, surface sealer, etc.

14. Foundation/installation structure (include armature bolt/pin size, grout, etc.). 303
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15. Handling instructions.

16. Artist’s statement about the Artwork (concept, message, relationship to site, etc.).

17. Describe recommended general routine maintenance and care for the Artwork (cleaning agent(s), procedure(s) timetable, etc.).

18. Special handling and/or storage instructions.

19. Special cautions or concerns regarding the Artwork.

20. Packing, shipping or storage instructions (should the need arise). 304

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 7, 2023 ITEM # 11
SUBJECT:

CONSIDERATION OF OBJECTION TO ABC LICENSE CONDITION REMOVAL OR MODIFICATION FOR KWIK MART LOCATED AT 1648 WEST CAPITOL AVENUE INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Dawna Jones, Senior Analyst
Police Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to obtain City Council approval of an objection to a petition for removal or modification of ABC license conditions for Kwik Mart located at 1648 West Capitol Avenue.

RECOMMENDED ACTION
It is respectfully recommended that the City Council authorize the Mayor to sign a letter to the California Department of Alcoholic Beverage Control objecting to the Kwik Mart owner's petition for removal or modification of ABC license conditions based upon crime statistics surrounding Kwik Mart located at 1648 West Capitol Avenue.

BACKGROUND
On May 9, 2023, the Police Department received a petition from the ABC license-holder for the Kwik Mart, located at 1648 West Capitol Avenue, to remove the condition on its license prohibiting the sale of certain alcoholic beverages (e.g., beer in containers of 16 oz or less, wine coolers, pre-mixed cocktails) in quantities of fewer than three individual containers per sale. (Attachment 2.)

ANALYSIS
Kwik Mart is located in an area of concentrated criminal activity along West Capitol Ave in West Sacramento.

The location of the business has generated 13 calls for service in the past 12 months, including public nuisance, suspicious subject and harassment, and the area directly around the business has generated over 1,000 calls for service in the same 12-month period. (See Attachment 3.) The types of calls in the area include driving under the influence, drunk in public, trespassing, battery and indecent exposure. The crime rate and activity in the area remains consistent, illustrating that there are no grounds to remove the single sales condition. Moreover, the license holder has not presented any information supporting a determination that the grounds that caused the imposition of the condition no longer exist, so it has not satisfied its burden under Section 23803 of the Business and Professions Code in requesting removal of the condition.

As such, staff recommends the City Council, as the local governing body for the City of West Sacramento, pursuant to Section 23803 of the Business and Professions Code, object to the removal of the condition on the license for Kwik Mart, which would allow sales of single beer and other alcoholic beverages. It is further recommended that the City Council authorize the Mayor to sign a letter to ABC objecting to the requested changes to the existing conditions. (Attachment 1.) Upon receipt of the City’s objection, ABC is prohibited from removing the condition without first conducting a hearing before an administrative law judge.

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
N/A
Strategic Plan Integration
This action supports the City’s vision of people feeling safe and secure. 305
Kwik Mart ABC Conditions Removal Request
June 7, 2023