WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR
AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
AUGUST 2, 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
6:00 PM Closed Session Call to Order
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
NONE
CONSENT AGENDA
2. Finance
CONSIDERATION OF RESOLUTION 23-61 ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023/24
Objective: The purpose of this report is to comply with state law which requires adoption of an Appropriations Limit annually.
Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-61 establishing an Appropriations Limit for Fiscal Year 2023/24.
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 3. City Manager's Office
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE FEBRUARY 15, 2023, MARCH 1, 2023, MARCH 15, 2023, APRIL 5, 2023, APRIL 19, 2023, MAY 3, 2023, MAY 17, 2023, JUNE 7, 2023, AND JULY 19, 2023 REGULAR MEETINGS AND THE JUNE 28, 2023 SPECIAL MEETING
OF THE WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT SUCCESSOR AGENCY,
AND WEST SACRAMENTO FINANCING AUTHORITY
Objective: The objective of this report is to provide the City Council with the draft minutes of the February 15, 2023, March 1, 2023, March 15, 2023, April 5, 2023, April 19, 2023, May 3, 2023, May 17, 2023, June 7, 2023, and July 19, 2023 Regular Meetings and the June 28, 2023 Special Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
Recommendation: Staff respectfully recommends that the City Council approve the minutes of the February 15, 2023, March 1, 2023, March 15, 2023, April 5, 2023, April 19, 2023, May 3, 2023, May 17, 2023, June 7, 2023, and July 19, 2023 Regular Meetings and the June 28, 2023 Special Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
PUBLIC HEARINGS
NONE
REGULAR AGENDA
4. City Manager's Office
CONSIDERATION OF AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR CITY MANAGER AND ADOPTION OF RESOLUTION 23-63 APPROVING RELATED BUDGET
ADJUSTMENTS
Objective: The purpose of this report is to seek City Council approval of the Amended and Restated City Manager Employment Agreement.
Recommendation: Staff respectfully recommends that the City Council: (1) Approve the August 2, 2023 Amended and Restated City Manager Employment Agreement between the City Council and Aaron Laurel for the position of City Manager; and (2) Adopt Resolution 23-63 approving related budget adjustments.
GENERAL ADMINISTRATION FUNCTION – PART II
5. 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 2 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 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; Alternate - Early
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
6. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS EIFD Public Financing Authority
7. PART II
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 August 2, 2023 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted July 28, 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]. 3 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. 4 CITY COUNCIL AGENDA REPORT
MEETING DATE: August 2, 2023 ITEM # 2
SUBJECT:
CONSIDERATION OF RESOLUTION 23-61 ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023/24
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Becky Robertson, Finance Manager
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to comply with state law which requires adoption of an Appropriations Limit annually.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-61 establishing an Appropriations Limit for Fiscal Year 2023/24.
BACKGROUND
In November 1979, the voters of the State of California approved Proposition 4, commonly known as the (Paul) Gann Initiative. The Proposition created Article XIIIB of the State Constitution, placing limits (the Limit) on the amount of revenue which can be appropriated in any fiscal year. Not all revenues are restricted by the Limit; only those which are referred to as "proceeds of taxes."
For the City of West Sacramento (City), the Limit is based on revenues estimated by LAFCO for the 1978/79 fiscal year and is increased each year by a factor using the growth in population and inflation.
Proposition 4 had little impact in the early years due to the high growth of inflation increasing Limits faster than actual revenues grew. In addition, because the language of the initiative was extremely vague and confusing, and because the State Legislature adopted a "hands off" approach, many cities were creative in finding solutions to any Limit problems. The Limit became a front-page issue in 1987 when the State of California refunded $1.1 billion to taxpayers as a result of reaching this Limit. The Limit became an even bigger issue when it surfaced as the major barrier to solving transportation problems in the late 1980s. Locally, the City was in danger of reaching its Limit. In 1990, the City’s capacity was reduced from 19% to 12%.
In order to deal with an increasing number of complaints about the restrictions of Proposition 4 and to increase the accountability of local government in adopting their Limits, California voters approved Proposition 111 in June 1990. Among other things, Proposition 111 provided new adjustment formulas and required an annual review of Limit calculations by an independent auditor.
Beginning with the 1990/91 Appropriations Limit, the annual adjustment factors became more flexible. Instead of using the lesser of California Per Capita Personal Income or U.S. Consumer Price Index to measure inflation, the City was able to use its growth in the nonresidential assessed valuation due to new construction within the City. Also, instead of using only the population growth of Yolo County, the City was able to choose to use the population growth within the City. Moreover, the City was able to choose to amend the previous years' Limits in order to produce a consistent result. By choosing both options and recalculating the Limit, the City’s 1990/91 Limit increased to the point where the City’s capacity became 96%, rather than the 12%.
Staff changed the approach to estimating the Gann Limit when growth slowed and property valuation due to new construction declined beginning in 2008. Currently, staff utilizes the growth in inflation combined with the growth in population for the City. The State of California Department of Finance provides both the price inflation and population growth information used by the City to calculate the appropriation limit, and a copy of the State’s transmittal letter is included as an attachment to this report.
In September 2022, the State of California revised the appropriations limit calculation retroactively with Fiscal Year 2021/22 and each subsequent fiscal year thereafter to include an expanded definition of “State Subvention” with regards to local government agencies in Government Code Section 7903. 5 Resolution 23-61 Appropriations Limit
August 2, 2023
ANALYSIS
Staff utilizes the combined growth factors, which are: 1) growth in the California per capita personal income and, 2) growth in population for the City. Each year the State Department of Finance provides the data used to calculate the population factor and the inflation factor used in deriving the annual appropriation limit.
For Fiscal Year 2023/24, the combined population and inflation percentage used to compute the Appropriations Limit is 1.0663; therefore, the City’s Gann Limit has increased from the prior fiscal year to $1,793,447,419. The City’s FY 2023/24 estimate of appropriations subject to the Limit is $93,270,466, which represents 5% of the total Gann Limit.
Environmental Considerations
The actions recommended in the attached resolution are not subject to the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section 21080 (b)(8), since the activities proposed involve administrative and financial activities that do not constitute a project pursuant to CEQA.
Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable
Alternatives
State law requires that the City adopt the appropriation limit on an annual basis and that the calculation of the limit be reviewed by the City’s auditor on an annual basis. While the staff recommendation is to adopt Resolution 23-61, alternatively, the City Council could delay the action in order to allow for clarification or review the attached analysis.
Coordination and Review
Not applicable
Budget/Cost Impact
As the City is currently well under the Limit, there is no budgetary or cost impact associated with adopting the new Limit for FY 2023/24.
ATTACHMENTS
1. Resolution 23-61
2. Recent History of Appropriations Limit
3. Tax Appropriations Limit Calculation for FY 2023/24
4. Department of Finance – Price Factor and Population Information 6 Attachment 1
RESOLUTION 23-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ESTABLISHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023/24
BASED ON POPULATION AND INCOME FACTORS
WHEREAS, Article XIIIB of the California Constitution and Government Code Section 7910 require a city to establish its appropriations limit for each fiscal year; and WHEREAS, the base appropriations limit for the City of West Sacramento for fiscal year 1989/90 was established by Resolution 89-167, with annual increases calculated since that time; and
WHEREAS, Article XIIIB of the California Constitution specifies that appropriations limits may increase annually by a factor comprised of the change in population within the city and the change in the California Per Capita Personal Income; and WHEREAS, the State Department of Finance has provided the necessary documentation to enable the City to calculate and adopt such a factor for the fiscal year 2023/24.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The factors to be used to determine the fiscal year 203/24 appropriations limit shall be the change in population within the City of West Sacramento and the percentage change in California Per Capita Personal Income.
2. The City's appropriation limit as required by Article XIIIB of the California Constitution for fiscal year 2023/24 shall be $1,793,447,419.
PASSED AND ADOPTED by the West Sacramento City Council this 2nd day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
_______________________________
Jennifer Cusmir, City Clerk
7 Attachment 2
Combined
Factor Gann Limit
Appropriations
Subject to Limit
% of Gann
Limit Used
City Resolution 00-43 for 2000/01 1.0856 218,005,913 17,685,000 8% City Resolution 01-70 for 2001/02 1.1203 310,447,952 19,415,000 6% City Resolution 02-42 for 2002/03 1.1069 366,736,840 19,147,000 5% City Resolution 03-52 for 2003/04 1.0834 460,703,619 30,415,100 7% City Resolution 04-43 for 2004/05 1.0772 566,920,025 30,415,100 5% City Resolution 05-46 for 2005/06 1.1122 629,814,576 33,502,100 5% City Resolution 06-50 for 2006/07 1.1430 719,894,675 39,631,100 6% City Resolution 07-41 for 2007/08 1.0854 814,717,323 41,560,000 5% City Resolution 08-43 for 2008/09 1.0846 959,700,078 44,077,000 5% City Resolution 09-36 for 2009/10 1.0254 984,076,460 43,046,000 4% City Resolution 10-48 for 2010/11 0.9866 970,889,835 39,533,000 4% City Resolution 11-33 for 2011/12 1.0369 1,006,715,670 39,022,100 4% City Resolution 12-23 for 2012/13 1.0405 1,047,487,655 39,694,900 4% City Resolution 13-43 for 2013/14 1.0761 1,127,215,543 41,005,250 4% City Resolution 14-19 for 2012/13 1.0429 1,049,993,448 39,694,900 4% City Resolution 14-19 for 2013/14 1.0639 1,117,108,525 43,505,250 4% City Resolution 14-19 for 2014/15 1.0105 1,128,805,277 44,268,721 4% City Resolution 15-29 for 2015/16 1.0457 1,180,363,503 50,397,925 4% City Resolution 16-40 for 2016/17 1.0764 1,270,489,627 52,300,201 4% City Resolution 17-21 for 2017/18 1.0441 1,326,460,552 56,284,090 4% City Resolution 18-3 for 2018/19 1.0474 1,389,305,613 58,821,574 4% City Resolution 19-35 for 2019/20 1.0428 1,448,709,334 70,603,927 5% City Resolution 20-?? For 2020/21 1.0437 1,512,083,219 69,573,632 5% City Resolution 21-65 for 2021/22 1.0526 1,591,670,142 77,679,657 5% City Resolution 22-108 for 2022/23 1.0567 1,681,884,016 87,559,253 5% City Resolution 23-61 for 2023/24 1.0663 1,793,447,419 93,270,466 5% Recent History of Tax Appropriations Limit
8 Attachment 3
Appropriations Subject to the Tax Appropriations Limit
FY 2023/24
Adopted Budget
Property Tax 34,487,524
Sales Tax (excluding Prop 172) 45,682,039
Transient Occupancy Tax 2,575,000
Document Transfer Tax 160,000
Motor Vehicle In-Lieu Tax 54,159
Trailer Coach In-Lieu Tax -
Homeowners Prop Tax Relief 221,497
Off Hwy Motor Vehicle In-Lieu Tax -
State Mandated Cost Reimbursement 35,000
Other Taxes 9,715,247
State Subvention Pursuant to Governement Code Section 7903 340,000 Total Unadjusted Appropriations subject to the Limit [A] 93,270,466 Adjustments for appropriations not subject to the Tax Appropriations Limit Annual Debt Service for Voter Approved Debt -
Total Annual Debt Service [B] -
Qualified Capital Outlays
Total Qualified Capital Outlays [C] -
Total Adjustments [D = B + C] [D] -
Total Adjusted Appropriations subject to the Limit [E = A - D] [E] 93,270,466 Calculation of the Adjustment Factor
Population Change - City 1.0210
Per Capita Personal Income 1.0444
Combined Adjustment Factor [F] 1.0663
Prior Year (FY 2022/23) Tax Appropriations Limit [G] 1,681,884,016 Adjustment Factor [H] 1.0663
Tax Appropriations Limit for FY 2023/24 [I = G x H] [I] 1,793,447,419 Projected appropriations are below the limit by [J = I - E] [J] 1,700,176,953 Fiscal Year 2023/24 Tax Appropriations Limit
FY 2023/24 Tax Appropriations Subject to the Tax Appropriations Limit Calculation of the Tax Appropriations Limit and Difference between the Limit and Appropriations Subject to the Limit
9 May 2023
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2023, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2023.
Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
JOE SPEPHENSHAW
Director
By:
Erika Li
Chief Deputy Director
Attachment
Attachment 4
10 May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24 appropriation limit.
2023-24:
Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444 100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407 Attachment 4
11 Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 Total
County Percent Change --- Population Minus Exclusions --- Population City 2022-2023 1-1-22 1-1-23 1-1-2023
Yolo
Davis -1.11 64,814 64,097 64,097
West Sacramento 2.10 53,071 54,187 54,187
Winters 0.94 7,464 7,534 7,534
Woodland -0.69 60,299 59,881 59,881
Unincorporated -2.25 35,991 35,181 35,181
County Total -0.34 221,639 220,880 220,880
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
Attachment 4
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: August 2, 2023 ITEM # 3
SUBJECT:
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE FEBRUARY 15, 2023, MARCH 1, 2023, MARCH 15, 2023, APRIL 5, 2023, APRIL 19, 2023, MAY 3, 2023, MAY 17, 2023, JUNE 7, 2023, AND JULY 19, 2023 REGULAR MEETINGS AND THE JUNE 28, 2023
SPECIAL MEETING OF THE WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT
SUCCESSOR AGENCY, AND WEST SACRAMENTO FINANCING AUTHORITY INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jennifer Cusmir, City Clerk
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to provide the City Council with the draft minutes of the February 15, 2023, March 1, 2023, March 15, 2023, April 5, 2023, April 19, 2023, May 3, 2023, May 17, 2023, June 7, 2023, and July 19, 2023 Regular Meetings and the June 28, 2023 Special Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve the minutes of the February 15, 2023, March 1, 2023, March 15, 2023, April 5, 2023, April 19, 2023, May 3, 2023, May 17, 2023, June 7, 2023, and July 19, 2023 Regular Meetings and the June 28, 2023 Special Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
BACKGROUND
N/A
ANALYSIS
N/A
Environmental Considerations
N/A
Commission Recommendations
N/A
Strategic Plan Integration
N/A
Coordination and Review
N/A
Budget Cost Impact
N/A
ATTACHMENT(S)
1. Draft Minutes of the February 15, 2023, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority
2. Draft Minutes of the March 1, 2023, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority
3. Draft Minutes of the March 15, 2023, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority
4. Draft Minutes of the April 5, 2023, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority
5. Draft Minutes of the April 19, 2023, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority
6. Draft Minutes of the May 3, 2023, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority 13 Approval of Minutes
August 2, 2023
7. Draft Minutes of the May 17, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority
8. Draft Minutes of the June 7, 2023, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority
9. Draft Minutes of the June 28, 2023, Special Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority
10. Draft Minutes of the July 19, 2023, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority 14 Attachment 1
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
FEBRUARY 15, 2023 MINUTES
The meeting was called to order at 7:14 p.m.
Present
Mayor Martha Guerrero; Council Member Norma Alcala; Council Member Dawnte Early; Council Member Verna Sulpizio Hull
Absent
Mayor Pro Tem Quirina Orozco
City Attorney Mitchell reported that the City Council met in Closed Session and no action was taken.
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.
The City Council recieved public comment on items not on the agenda within the City's jurisdiction.
PRESENTATIONS
2. City Manager's Office
PRESENTATION OF PROCLAMATION RECOGNIZING FEBRUARY AS BLACK HISTORY MONTH
Adopted a proclamation recognizing February as Black History Month.
MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco; RECUSED: (None);
CONSENT AGENDA
Approved the Consent Agenda with the exception of Item 9, on which action will be taken seperately, and Item 19 which was removed from the agenda.
MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco; RECUSED: (None); MOTION PASSED
15 2
3. Capital Projects
CONSIDERATION OF CONTRACT AWARD TO KIMLEY-HORN AND ASSOCIATES, INC FOR PROFESSIONAL SERVICES FOR THE I STREET BRIDGE REPLACEMENT (CIP 10033) AND DECK CONVERSION (CIP 14028) PROJECTS
Approved and authorized the City Manager, or his designee, to approve and execute a Professional Services Contract with Kimley-Horn and Associates, Inc. in the amount of $125,000 for project management services for the I Street Bridge Replacement (CIP 10033) and Deck Conversion (CIP 14028) projects.
4. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-16 AMENDING THE CAPITAL
IMPROVEMENT PROGRAM AND AWARDING A CONSTRUCTION CONTRACT TO RJC, INC FOR THE SYBERTECH TRASH SYSTEM INSTALLATION PROJECT (CIP 62109) Found that the Sybertech Trash System Installation Project is exempt from further environmental review pursuant to a Class 1 (Existing Facility) Categorical Exemption under the California Environmental Quality Act (CEQA) and found that the Exemption reflects the independent judgment of the City as lead agency under CEQA; adopted Resolution 23-16 amending the Capital Improvement Program; approved the Construction Contract to RJC, Inc. in the amount of $105,950.00; delegated authority to the City Manager or his designee to execute a construction contract with RJC, Inc. for an amount not to exceed $105,950; and delegated authority to the City Manager or his designee to execute contract amendments up to 5% ($5,297.50) of the value of the contract.
5. Capital Projects
CONSIDERATION OF CONSTRUCTION CONTRACT AWARD TO QUANTUM ENERGY SERVICES & TECHNOLOGY, INC. FOR THE WEST SACRAMENTO ELECTRIC VEHICLE (EV) CHARGING STATION INSTALLATION PROJECT (CIP 11036).
Found that the West Sacramento Electric Vehicle (EV) Charging Station Installation Project is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15303, 15304, 15311, and found that the determination represents the independent judgment of the City; awarded a construction contract to Quantum Energy Services & Technology, Inc. for the West Sacramento Electric Vehicle (EV) Charging Station Installation Project in the amount of $706,424.92; degated authority to the City Manager or his designee to execute a construction contract with Quantum Energy Services & Technology for an amount not to exceed $706,424.92; delegated authority to the City Manager or his designee to execute contract amendments up to 15% ($105,963.74) of the value of the contract and amended the contract language to read, "...including, but not limited to, state certifications required by the California Department of Industrial Relations."
6. Capital Projects
CONSIDERATION OF AWARD OF THE CONSTRUCTION CONTRACT TO SHANE BROWN ELECTRIC FOR THE CITY HALL FIRE ALARM SYSTEM REPLACEMENT PROJECT (CIP 54024) Found that the City Hall Fire Alarm System Replacement Project is exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301(d) (Existing Facilities); awarded a Construction Contract to the lowest responsive, responsible bidder, Shane Brown Electric for the installation of the City Hall Fire Alarm System Replacement Project for a total base bid price of $395,000; delegated authority to the City Manager, or his designee, to execute a contract with Shane Brown Electric in an amount not to exceed $395,000; and delegated authority to the City Manager, or his designee, to execute amendments, miscellaneous construction cost, or contract change orders up to 15% ($59,250) of the total contract amount. 16 3
7. Community Development
CONSIDERATION OF RESOLUTION 23-6 AMENDING THE CAPITAL IMPROVEMENT
PROGRAM (CIP) BUDGET AND DELEGATING OF AUTHORITY TO THE CITY MANAGER TO
EXECUTE COOPERATIVE AGREEMENTS WITH THE CITY OF SACRAMENTO FOR THE I
STREET BRIDGE REPLACEMENT PROJECT AND I STREET BRIDGE DECK CONVERSION Approved and delegated authority to the City Manager to execute the Cooperative Agreement for the Bridge Replacement Project with the City of Sacramento; approved and delegated authority to the City Manager to execute the Cooperative Agreement for the Deck Conversion Project with the City of Sacramento; and adopt Resolution 23-6 approving an exchange of $1,600,000 of EIFD funding to Measure G funding for the I Street Bridge Replacement Project (CIP-10033) to serve as the local match funding to complete the PS&E and R/W project development phases and associated staff time and approving an appropriation of $125,000 of funding from Measure G for a professional services contract to oversee coordination of the projects.
8. Community Development
CONSIDERATION OF RESOLUTION 23-5 AMENDING THE CAPITAL IMPROVEMENT
PROGRAM (CIP) AND APPROVING A PROFESSIONAL SERVICES CONTRACT WITH
INTERWEST FOR ENGINEERING SERVICES FOR THE CITY OF WEST SACRAMENTO STANDARD SPECIFICATIONS AND DETAILS (CIP 52068)
Adopted Resolution 23-5 amending the Capital Improvement Program; awarded a Contract for Professional Services with INTERWEST for engineering services for the City of West Sacramento STANDARD Specifications and Details Update (CIP 52068); delegated authority to the City Manager or his designee to execute the contract for services with INTERWEST for a total not-to-exceed $270,775; and authorized the City Manager or his designee to make contract amendments up to 15% ($40,616) of the value of the contract.
9. Community Development
CONSIDERATION OF RESOLUTION 23-4 ACCEPTING PUBLIC IMPROVEMENTS COMPLETED FOR FINAL MAP 5177 "THE RIVERS"
Adopted Resolution 23-4, accepting the public improvements required of Subdivision 5177, “The Rivers”.
MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco; RECUSED: Alcala; MOTION PASSED
10. Community Development
CONSIDERATION OF THE “WATER ALLOCATION AGREEMENT” BETWEEN THE CITY OF
WEST SACRAMENTO, OAKSTONE INVESTMENTS, LLC, AND CENTURY COMMUNITIES OF CALIFORNIA, LLC.
Approved the “Water Allocation Agreement” between the City of West Sacramento, Oakstone Investments, LLC, and Century Communities of California, LLC.
11. Finance
COMMUNITY FACILITIES DISTRICTS ANNUAL REPORT ON SPECIAL TAXES AND BOND PROCEEDS FOR FISCAL YEAR 2021/2022
17 4
Received the Community Facilities District annual report on Special Taxes and Bond Processed for the 2021/2022 fiscal year and provide staff any comments.
12. Finance
CONSIDERATION OF RESOLUTION 23-14 AND 23-15 ESTABLISHING REVISED APPROPRIATION LIMITS FOR FISCAL YEARS 2021-2022 AND 2022-2023 Adopted Resolution 23-14 and 23-15 establishing revised Appropriations Limits for Fiscal Year 2021-2022 and 2022-2023.
13. Finance
CONSIDERATION OF ANNUAL REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2021/2022 WITH FIVE-YEAR FINDINGS
Accepted and filed the Annual Report on Development Impact Fees for Fiscal Year 2021/2022 with Five-Year Findings.
14. Fire
CONSIDERATION OF RESOLUTION 23-1 ACKNOWLEDGING THE CITY OF WEST SACRAMENTO FIRE DEPARTMENT’S COMPLIANCE WITH SECTIONS 13146.2 AND 13146.3
OF THE CALIFORNIA HEALTH AND SAFETY CODE
Adopted Resolution 23-1 acknowledging the Fire Department’s efforts to comply with Sections 13146.2 and 13146.3 of the California Health and Safety Code regarding mandated inspections.
15. City Manager's Office
CONSIDERATION OF AMENDMENT TO A PROFESSIONAL SERVICES CONTRACT WITH THE
WASHINGTON UNIFIED SCHOOL DISTRICT FOR THE AFTER SCHOOL ENRICHMENT AND SAFETY (ASES) GRANT AND APPROVAL OF RESOLUTION 23-12 FOR RELATED BUDGET
ADJUSTMENTS
Approved the Amendment to the Professional Services Contract with Washington Unified School District for the After School Enrichment and Safety (ASES) Grant in the amount of $177,722.25 ($66,153.50 in on-going monies, and $111,568.75 in one-time monies for various program staff bonuses); approved Resolution 23-12 for related budget adjustments; and authorized the City Manager, or designee, to execute the contract amendment.
16. City Manager's Office
CONSIDERATION OF FIRST READING OF ORDINANCE 23-3 REGARDING PROPOSED AMENDMENTS TO TITLE 2 OF THE MUNICIPAL CODE PERTAINING TO CITY COUNCIL
COMPENSATION
Conducted the first reading, by title and number only, of Ordinance 23-3 amending Title 2 (Administration and Personnel) of the Municipal Code regarding section 2.04.080 pertaining to City Council Compensation and informed the audience that second reading and adoption of Ordinance 23-3 is tentatively scheduled for March 1, 2023.
17. City Manager's Office
CONSIDERATION OF RESOLUTION 23-2, AUTHORIZING THE CITY OF WEST SACRAMENTO
TO REPORT THE REDUCED VALUE OF EMPLOYEE PAID MEMBER CONTRIBUTIONS TO THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Approved Resolution 23-2 approving the changes (reductions) to the Employee Paid Member Contributions for the Safety Department Heads.
18 5
18. City Manager's Office
CONSIDERATION OF UPDATES TO PUBLICLY AVAILABLE PAY SCHEDULE, UPDATES OF JOB DESCRIPTIONS, AND AUTHORIZED POSITION LIST FOR FISCAL YEAR 2022/2023 Approved the modification to the job classification description: Information Technology Technician; approved the modification to the job classification description: Police Lieutenant; approved the modification to the job classification description: Principal Engineer; approved the modification to the job classification description: Assistant/Associate Planner; approved the modification to the job classification description: Senior Planner; approved the modification to the job classification description: Payroll Administrator; approved the amended and updated Authorized Position List (APL) for Fiscal Year 2022/23; and approved the amended and updated publicly available pay schedule (Classification Plan) for Fiscal Year 2022/23.
19. City Manager's Office
CONSIDERATION OF AMENDMENT TO THE LEGAL SERVICES AGREEMENT WITH KRONICK,
MOSKOVITZ, TIEDEMAN AND GIRARD
This item was removed from the agenda. No action was taken.
20. City Manager's Office
CONSIDERATION OF RESOLUTION 23-7 PROCLAIMING A LOCAL EMERGENCY IN
RESPONSE TO SUCCESSIVE SEVERE WINTER STORMS AND ASSOCIATED IMPACTS Adopted Resolution 23-7 proclaiming a local emergency and authorizing the City Manager/Director of Emergency Services to take all actions necessary to carry out their powers and duties delineated in the City’s Municipal Code in order to protect the public health and welfare.
21. City Manager's Office
CONSIDERATION OF RESOLUTION 23-8 RESCINDING THE PROCLAMATION OF A LOCAL EMERGENCY IN RESPONSE TO THE COVID-19 PANDEMIC
Adopted Resolution 23-8 rescinding the proclamation of a local emergency in response to the COVID-19 pandemic.
PUBLIC HEARINGS
22. Community Development
PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 23-1 PERTAINING TO PROPOSED AMENDMENTS TO TITLES 5 AND 17 OF THE WEST SACRAMENTO MUNICIPAL CODE FOR
RETAIL CANNABIS SALES AND MICROBUSINESSES
Conducted the public hearing; found that the proposed amendments to the Titles 5 and 17 of the West Sacramento Municipal Code for retail cannabis sales and microbusinesses are exempt from further environmental review pursuant to Business and Professions Code Section 26055(H) and the “common sense” California Environmental Quality Act (CEQA) exemption set forth in CEQA Guidelines Section 15061(b)(3), and found that the exemptions reflects the independent judgment of the City as lead agency under CEQA; waived the first reading and read by title only, Ordinance 23-1 Amending, Repealing and Re-Enacting Municipal Code Chapter 5.28 (Cannabis Retail) and Amending Title 17 (Zoning) Pertaining to Retail Cannabis Sales and Microbusinesses, and directed staff to prepare an equity program compenent to be approved by the City Council prior to acceptance of any applications.
MOTION: Alcala SECOND: Early
Roll Call Vote
19 6
YES: Guerrero, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco; RECUSED: (None);
REGULAR AGENDA
23. Community Development
CONSIDERATION OF UPDATE AND REQUEST FOR FEEDBACK ON THE SIDEWALKS AND
TRANSPORTATION EQUITY PROGRAM
Received staff’s presentation on the Sidewalks and Transportation Equity Program and provided feedback on the program vision and goals and outreach approach.
GENERAL ADMINISTRATION FUNCTION – PART II
24. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Councilmember Early reported on the Yolo County Transportation District meeting and a tour of District 3 with Congresswoman Matsui's staff.
Councilmember Alcala reported on the January 27 Yolo-Solano Air Quality Management District meeting and the Broderick and Bryte Community Roundtable meeting.
Councilmember Sulpizio Hull reported on the City/School 2x2 meeting, Executive Commission to Address Homelessness meeting, Port District Commission meeting, Yolo Habitat Conservancy meeting, the Yolo Subbasin Sustainable Groundwater Agency meeting, a meeting with Congresswoman Matsui's staff regarding mailbox theft.
Mayor Guerrero reported on the City/County 2x2 meeting, the City/School 2x2 meeting, the Port Commission meeting, and the Sacramento Area Council of Governments (SACOG) meeting.
25. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS Appointed Janell Darroch to the Sacramento-Yolo Mosquito & Vector Control District Board.
MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco; RECUSED: (None); MOTION PASSED
26. PART II
A. Council Calendar
No report.
B. City Manager Report
No report.
C. City Attorney Report
No report.
20 7
D. Staff Direction from City Council Members
Mayor Guerrero inquired about ways to demonstrate appreciation for staff for the work done during the pandemic and also during the recent storms. The City Council asked about outreach for future food services.
E. Future Agenda Item Requests by Council
Councilmember Alcala requested a workshop on prioritization of road maintenance and repairs.
Councilmember Alcala stated that she does not believe the process for renaming the Tower Bridge Gateway was completed correctly and requested her comments be included on the record.
F. Adjourn
Mayor Guerrero adjourned the meeting at 11:36 p.m. in memory of Shirley Laurel and Paul Richards.
MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco; RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 2, 2023.
Jennifer Cusmir, City Clerk
21 Attachment 2
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
MARCH 1, 2023 MINUTES
The meeting was called to order at 7:02 p.m.
Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala; Council Member Dawnte Early; Council Member Verna Sulpizio Hull 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.
The City Council recieved public comment on items not on the agenda within the City's jurisdiction.
PRESENTATIONS
2. City Manager's Office
PRESENTATION OF PROCLAMATION DECLARING MARCH 2023 AS WOMEN’S HISTORY MONTH
Adopted a proclamation declaring March 2023 as Women’s History Month.
MOTION: Sulpizio Hull SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
CONSENT AGENDA
Approved the Consent Agenda with the exception of Item 5, on which action will be taken seperately.
MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
3. Community Development
22 2
CONSIDERATION OF FIRST READING OF ORDINANCE 23-6 AMENDING CHAPTERS 15.12 AND 15.14 OF THE CITY OF WEST SACRAMENTO MUNICIPAL CODE RELATING TO THE 2022
CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS Found that the amendments to the 2022 Building and Fire Codes with local amendments is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15308; waived the first reading, and read by title and number only, Ordinance 23-6 amending Chapters 15.12 and 15.14 of the City of West Sacramento Municipal Code relating to the 2022 California Building Standards Code with local amendments; and informed the audience that the second reading and adoption of Ordinance 23-6 is tentatively scheduled for March 15, 2023.
4. Capital Projects
CONSIDERATION AND APPROVAL OF CONTRACT AMENDMENT NO. 1 WITH CMD WESTMAVERICK ALLIANCE COMPANY FOR RIGHT-OF-WAY AND PROPERTY MANAGEMENT
SERVICES
Approved the proposed Amendment 1 to the professional services contract in the form attached with CMD West-Maverick Alliance Company for an increase of $200,000 to the on-call professional right of way services for City projects and delegated authority to the City Manager or his designee to execute the contract amendment substantially in the form attached, issue notice to proceed (NTP), approve minor amendments to the Scope of Services that do not increase the maximum compensation established within the first amendment to the contract and undertake any and all actions necessary to implement the contract.
5. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-17 AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE RIVERFRONT STREET EXTENSION AND 5TH STREET WIDENING PROJECT (CIP 15032)
Adopted Resolution 23-17 amending the Capital Improvement Program budget to add the Riverfront Extension & 5th Street Main Replacement project (CIP 21042) and approving an interproject transfer of $625,000 from the State Streets Water Rehab & Replacement project (CIP 21021); approved and authorize the City Manager or his designee to execute Amendment No. 1 to the construction contract with Teichert Construction in the amount of $523,195; and authorized the City Manager or his designee to execute amendments or change orders up to 10% of the contract amendment amount ($52,319).
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
6. Economic Development & Housing
CONSIDERATION OF RESOLUTION 23-13 AUTHORIZING APPLICATION FOR, AND RECEIPT
OF, PROHOUSING INCENTIVE PILOT PROGRAM FUNDS
Adopted Resolution 23-13 approving the submittal of a funding application to the State Department of Housing and Community Development Prohousing Incentive Pilot Program and authorized the City Manager, or his designee, to execute and deliver the Application and Program Documents.
7. Finance
CONSIDERATION OF THE TREASURER’S QUARTERLY FINANCIAL REPORT ON THE CITY’S INVESTMENT PORTFOLIO FOR THE PERIOD ENDING DECEMBER 31, 2022 23 3
Received and file the Treasurer’s Quarterly Financial Report on the City’s investment portfolio for the period ending December 31, 2022.
8. City Manager's Office
CONSIDERATION OF RESOLUTION 23-20, AUTHORIZING THE CITY MANAGER OR
DELEGATE TO ENTER INTO AND GRANT RIGHTS OF ENTRY, LICENSE AGREEMENTS, AND
TEMPORARY CONSTRUCTION EASEMENTS WITH THE WEST SACRAMENTO AREA FLOOD
CONTROL AGENCY REQUIRED FOR ENGINEERING, DESIGN, AND CONSTRUCTION OF THE
FEDERAL WEST SACRAMENTO PROJECT
Found that the approval of Resolution 23-20 authorizing the City Manager or the City Manager’s designee to enter into and grant temporary access and control agreements over City owned/controlled property with the West Sacramento Area Flood Control Agency necessary for levee investigations, engineering, design, and construction of the federal West Sacramento Project is within the scope of the federal West Sacramento Project’s Programmatic Environmental Impact Statement/Report (SCH #2009072055) and is also exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Section 15061(b)(3), and found that the determination represents the independent judgment of the City and approve Resolution 23-20, Attachment 1, authorizing the City Manager or the City Manager’s designee to enter into temporary access and control agreements over City owned/controlled property with the West Sacramento Area Flood Control Agency necessary for levee investigations, engineering, design, and construction of the federal West Sacramento Project.
9. City Manager's Office
CONSIDERATION OF APPROVAL OF AN APPLICATION TO THE 2023 AARP COMMUNITY CHALLENGE GRANT PROGRAM AND ADOPTION OF RESOLUTION 22-23 MAKING AN APPROPRIATION OF $40,000 FROM MEASURE E IN MATCHING FUNDS Authorized the City Manager or his designee to apply to the AARP Community Challenge Grant Program, and subsequently to take any actions necessary to effectuate the grant-related work described in this report, and to implement a smaller version of the subject program in the event the City does not receive an award from the AARP Community Challenge Grant and adopted Resolution 22-23 authorizing the submittal of an AARP Community Challenge grant application and approving a budget appropriation of $40,000 to partner with Rebuilding Together Sacramento for home modifications to aid West Sacramento seniors to safely age in place.
10. City Manager's Office
CONSIDERATION OF TAKING A SUPPORT POSITION ON ASSEMBLY BILL 350 (AGUIARCURRY) RELATING TO THE SACRAMENTO AREA COUNCIL OF GOVERNMENTS'
SUSTAINABLE COMMUNITIES STRATEGY
Took a support position on Assembly Bill 350 (Aguiar-Curry) which would provide an extension on the Sacramento Area Council of Governments' Sustainable Communities Strategy.
PUBLIC HEARINGS
None.
REGULAR AGENDA
None.
GENERAL ADMINISTRATION FUNCTION – PART II
24 4
11. COUNCIL COMMUNICATIONS / ASSIGNMENTS
There were no reports.
12. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS Approved appointments to the City's Boards and Commissions effective April 1, 2023.
MOTION: Orozco SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
Approved the following appointments effective as of April 1, 2023: Arts, Culture, and Historic Preservation Commission - Albert Lowey-Ball, Cheryl Gleason, Carla Hanson, Dawn Pedersen, Michael Sanchez, Peggy Bell, Ristina Rodriguez, Aman DeGeorge, Alternate; Board of Appeals - Harry Heinz, Shana Levine, Diane Gould, William Hutcheon; Disaster Council - Al Casciato and Fred Bustillos, Alternate; Economic Development and Housing Commission - Andrew Kim, Chris White, Ernest Guerra, Jasvinder Singh, Linda Vazquez, Stephen Cutie, Tomas Rodriguez, Colin Kemp, Alternate; Environment and Utilities Commission - Alexander McFall, Dayna Cordano, Keith Cialino, Matthew Criswell, Peter Blando, Suzanne Reed, Tiffany Solorio, David Julian, Alternate; Parks, Recreation and Intergenerational Services Commission - Arooj Ahmad, Alexandra Galvan, David Jans, Emiliano Rosas, Rosslyn Ramsey, Matthew Hargrove, Renee Maldonado, Don Schatzel, Alternate; Planning Commission - Brenda Wong, Dolores (Dee) Olivarez, Matthew Delgado, Ervin Squires, Preston Jackson, Tammy Linker, Teresita (Chech) Sablan, Ronald Andersen, Alternate; Transportation, Mobility and Infrastructure Commission - Abteen Kashkouli, Alex McCreddin, Corey Sears, Sarah Zuniga, Valerie Zimmer, Waris Banks, Yen Nguyen, Matthias Hess, Alternate.
13. PART II
A. Council Calendar
No report.
B. City Manager Report
City Manager Laurel provided the City Manager Report to the Council.
C. City Attorney Report
No report.
D. Staff Direction from City Council Members
None.
E. Future Agenda Item Requests by Council
None.
F. Adjourn
25 5
Adjourned the meeting at 9:02 p.m.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 2, 2023.
Jennifer Cusmir, City Clerk
26 Attachment 3
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
MARCH 15, 2023 MINUTES
The meeting was called to order at 7:17 p.m.
Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala; Council Member Dawnte Early; Council Member Verna Sulpizio Hull.
City Attorney Mitchell reported that the City Council met in Closed Session and no action was taken.
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.
The City Council received public comment on items not on the agenda within the City's jurisdiction.
PRESENTATIONS
2. City Manager's Office
CONSIDERATION OF A COUNCIL PROCLAMATION RECOGNIZING MARCH 2023 AS
AMERICAN RED CROSS MONTH
Presented a proclamation recognizing March 2023 as American Red Cross Month.
3. City Manager's Office
CITY COUNCIL PROCLAMATION RECOGNIZING MARCH 31, 2023 AS CESAR CHAVEZ DAY Presented a proclamation declaring March 31 as Cesar Chavez Day.
CONSENT AGENDA
Approved the Consent Agenda.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: (None); RECUSED: (None); MOTION PASSED
4. Capital Projects
CONSIDERATION OF FIRST READING OF ORDINANCE 23-5 AMENDING TITLE 10 (VEHICLES
AND TRAFFIC) OF THE MUNICIPAL CODE RELATING TO THE RE-ESTABLISHMENT OF 27 2
SPEED LIMITS ON CERTAIN STREETS WITHIN THE CITY OF WEST SACRAMENTO (CIP 12019)
Waived the first reading and read by title and number only, Ordinance 23-5, amending Title 10 (Vehicles and Traffic) of the Municipal Code relating to the reestablishment of speed limits on certain streets within the City of West Sacramento and informed the public that the second reading and adoption of Ordinance 23-5 is scheduled for April 5, 2023.
5. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT No. 9 TO THE PROFESSIONAL SERVICES
CONTRACT WITH BENNETT ENGINEERING SERVICES FOR THE NORTH RIVERWALK TRAIL EXTENSION PROJECT (CIP 62111)
Approved and authorized the City Manager, or his designee, to execute Amendment No. 9 for the professional services contract with Bennett Engineering Services.
6. Community Development
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-6 AMENDING CHAPTERS 15.12 AND 15.14 OF THE CITY OF WEST SACRAMENTO MUNICIPAL CODE RELATING TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL
AMENDMENTS
Found that the amendments to the 2022 Building and Fire Codes with local amendments is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15308 and waived the second reading and adopt, Ordinance 23-6 amending Chapters 15.12 and 15.14 of the City of West Sacramento Municipal Code relating to the 2022 California Building Standards Code with local amendments.
7. Community Development
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-1 REGARDING PROPOSED AMENDMENTS TO TITLES 5 AND 17 OF THE WEST SACRAMENTO MUNICIPAL
CODE FOR RETAIL CANNABIS SALES AND MICROBUSINESSES
Found that the proposed amendments to the Titles 5 and 17 of the West Sacramento Municipal Code for retail cannabis sales and microbusinesses are exempt from further environmental review pursuant to Business and Professions Code Section 26055(H) and the “common sense” California Environmental Quality Act (CEQA) exemption set forth in CEQA Guidelines Section 15061(b)(3), and found that the exemptions reflect the independent judgment of the City as lead agency under CEQA; waived second reading and read by title and number only Ordinance 23-1 Amending, Repealing and Re-Enacting Municipal Code Chapter 5.28 (Cannabis Retail) and Amending Title 17 (Zoning) Pertaining to Retail Cannabis Sales and Microbusinesses; and directed staff that no applications for retail cannabis licenses may be accepted until the Council has approved for implementation the Equity Pilot Program described in Section 5.28.040(a) of Ordinance 23-1.
8. Economic Development & Housing
CONSIDERATION OF RESOLUTION 23-21 ESTABLISHING A BUDGET APPROPRIATION OF $74,144 FROM MEASURE E FUNDS FOR HOMEKEY PROGRAM MAINTENANCE EQUIPMENT
AND SUPPLIES
Adopted Resolution 23-21 establishing a budget appropriation funded by Measure E revenue for Homekey Program maintenance equipment and supplies.
9. Parks & Recreation
CONSIDERATION OF RESOLUTION 23-11 AND AWARD OF CONTRACT TO MELTON DESIGN GROUP FOR THE HERITAGE OAKS PARK MASTER PLAN DESIGN PROJECT (CIP-62143) 28 3
Adopted Resolution 23-11 which amends the Fiscal Year 2022/2023 CIP to appropriate additional funding needed to complete the Heritage Oaks Park Master Plan Design Project; awarded a Professional Services Contract to Melton Design Group in an amount not to exceed $489,000 for the Heritage Oaks Park Master Plan Design Project (CIP-62143); authorized the City Manager, or his designee, to execute a contract with Melton Design Group in the amount of $489,000; authorized the City Manager, to execute non-substantive changes or modifications to the contract with Melton Design Group with approval from the City Attorney; and authorized the City Manager or his designee to execute contract amendments up to 15% ($73,350) of the value of the contract.
10. City Manager's Office
CONSIDERATION OF AN UPDATE ON STATE GOVERNMENT AFFAIRS, RESOLUTION 23-22 OPPOSING INITIATIVE #21-0042A1 "THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT", AND APPROVAL OF A SUPPORT POSITION ON SENATE BILL 586 (EGGMAN) RELATING TO FLOOD CONTROL
Accepted staff's report on state government relations; adopted Resolution 23-22 to oppose Initiative #21-0042, otherwise known as “The Taxpayer Protection and Government Accountability Act”; and approved a support position on Senate Bill 586 (Eggman) relating to flood control, authorize the Mayor to sign and transmit the attached letter of support, and authorize the City Manager, or his designee, to take all actions necessary to support the legislation.
11. City Manager's Office
CONSIDERATION OF RESOLUTION 23-25 OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ESTABLISHING A BUDGET APPROPRIATION OF UP TO $3,350,001, INCLUDING $1,550,000 FROM THE MEASURE E FUND AND $1,800,001 FROM ONE-TIME
GENERAL FUNDS FOR REAL PROPERTY ACQUISITION AND RELATED COSTS TO PROVIDE
INTERIM HOUSING FOR INDIVIDUALS EXPERIENCING OR AT-RISK OF EXPERIENCING HOMELESSNESS; AND DELEGATING AUTHORITY TO THE CITY MANAGER TO PREPARE
AND EXECUTE A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE FLAMINGO MOTEL AT 920 WEST CAPITOL AVENUE
Found that the acquisition of the Flamingo Motel is exempt from further environmental review pursuant to a Class 1 Categorical Exemption (Existing Facilities) Categorical Exemption (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15301) and a Class 32 Categorical Exemption (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15332) under the California Environmental Quality Act (CEQA) and find that the Exemption reflects the independent judgement of the City as lead agency under CEQA; adopted Resolution 23-25 establishing a budget appropriation of up to $3,350,001, including $1,550,000 from the Measure E fund and $1,800,001 from one-time General Funds for real property acquisition, minor repairs, and related costs to provide interim housing for individuals experiencing or at-risk of experiencing homelessness and delegated authority to the City Manager to prepare and execute a Purchase and Sale Agreement, based on the terms summarized in this report and subject to the City Attorney’s approval, to purchase the Flamingo Motel for $3,100,001.
PUBLIC HEARINGS
None.
REGULAR AGENDA
12. Community Development
CONSIDERATION OF RESOLUTION 23-29 APPROVING THE ENVIRONMENTAL
DOCUMENTATION AND ENGINEERING DESIGN PLANS FOR I STREET BRIDGE 29 4
REPLACEMENT AND I STREET BRIDGE DECK CONVERSION FOR ACTIVE
TRANSPORTATION PROJECTS
Approved the CEQA Environmental Documentation and Findings and approving Engineering Design Plans for the I Street Bridge Replacement Project (Replacement Project); approved the CEQA Environmental Documentation and Findings and approving Engineering Design Plan for the I Street Bridge Deck Conversion for Active Transportation Project (Deck Conversion Project); and delegated authority to the City Manager to undertake certain actions to commence and complete all real property transactions in preparation for and in advance of construction of the Replacement Project and Deck Conversion Project.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
GENERAL ADMINISTRATION FUNCTION – PART II
13. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Mayor Pro Tem Orozco reported on the March 8 meeting of the Sacramento Regional County Sanitation District Board.
Councilmember Early reported on the Yolo County Transportation District meeting and the Sacramento Area Council of Governments Transportation meeting.
Councilmember Sulpizio Hull reported on the March 2 meeting of the Yolo County Commission to Address Homelessness.
Councilmember Alcala reported on the Local Agency Formation Commission meeting and the meeting of the Yolo-Solano Air Quality Management District.
Mayor Guerrero reported on the February 16 Sacramento Area Council of Governments Board of Directors meeting and noted that there is a future meeting of the California State Association of Counties regarding homelessness on April 12.
14. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS None.
15. PART II
A. Council Calendar
Assistant City Manager Berlin reported on the Council Calendar.
B. City Manager Report
City Manager Laurel provided the City Manager's Report.
C. City Attorney Report
None.
30 5
D. Staff Direction from City Council Members
Mayor Guerrero stated the Council would like to plan something to show staff appreciation for the work done during recent severe weather events.
E. Future Agenda Item Requests by Council
None.
F. Adjourn
Adjourned the meeting at 9:03 p.m.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 2, 2023.
Jennifer Cusmir, City Clerk
31 Attachment 4
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
APRIL 5, 2023 MINUTES
The meeting was called to order at 7:00 p.m.
Present
Mayor Martha Guerrero; Council Member Norma Alcala; Council Member Verna Sulpizio Hull
Absent
Mayor Pro Tem Quirina Orozco; Council Member Dawnte Early City Attorney Mitchell reported that the City Council met in Closed Session and no action was taken.
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 APRIL 2023 AS CHILD ABUSE
PREVENTION MONTH
Presented a proclamation declaring April 2023 as Child Abuse Prevention Month.
CONSENT AGENDA
Approved the Consent Agenda.
MOTION: Sulpizio Hull SECOND: Guerrero
Roll Call Vote
YES: Guerrero, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco, Early; RECUSED: (None); MOTION PASSED
3. Capital Projects
CONSIDERATION OF AUTHORIZATION TO PURCHASE TRAFFIC SIGNAL BATTERY BACKUP UNIT (BBU) SYSTEMS FOR INSTALLATION WITHIN THE CITY’S RIGHT OF WAY (CIP 12208) Found that the West Sacramento Traffic Signal Battery Backup Unit (BBU) Replacement Project is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15303, 15304, 15311, and found that the determination represents the independent judgment of the City; awarded the procurement to TESCO Controls, LLC for the Traffic Signal Battery Backup Unit 32 2
(BBU) Replacement Project in the amount of $136,800.00; and delegated authority to the City Manager or his designee to execute procurement with TESCO Controls, LLC for an amount notto-exceed $136,800.00.
4. Capital Projects
CONSIDERATION OF AUTHORIZATION TO PURCHASE TRAFFIC SIGNAL CABINETS FOR REPLACEMENT OF UNITS WITHIN THE CITY’S RIGHT OF WAY (CIP 12209) Found that the West Sacramento Signal Cabinet Replacement Project is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15303, 15304, 15311, andfound that the determination represents the independent judgment of the City; awarded the procurement to Econolite Control Products, Inc. for the Signal Cabinet Replacement Project in the amount of $249,000.00; and delegated authority to the City Manager or his designee to execute procurement with Econolite Control Products, Inc. for an amount not to exceed $249,000.00.
5. Community Development
CONSIDERATION OF CITY OF WEST SACRAMENTO 2022 GENERAL PLAN AND HOUSING
ELEMENT ANNUAL PROGRESS REPORT
Received and accepted the 2022 General Plan and Housing Element Annual Progress Report.
6. Community Development
CONSIDERATION OF PROPOSED AMENDMENT NO. 3 TO THE CONTRACT WITH AECOM TECHNICAL SERVICES INC. FOR UPDATES TO GENERAL PLAN 2035; PROPOSED AMENDMENT NO. 3 TO THE CONTRACT WITH AECOM TECHNICAL SERVICES INC. FOR THE CLIMATE ACTION PLAN; AND RESOLUTION 23-24
Approved and authorized the City Manager, or designee, to execute Contract Amendment No. 3 to the contract with AECOM for updates to the General Plan to reduce the scope of work and budget; approved and authorized the City Manager, or designee, to execute Contract Amendment No. 3 to the contract with AECOM for the Climate Action Plan to increase the scope of work and budget; and adopted Resolution 23-24 approving the transfer of funds from the General Fund that were allocated to the Housing Trust Fund in 2020 for the General Plan update to the Climate Action Plan CIP.
7. Economic Development & Housing
CONSIDERATION OF RESOLUTION 23-27 ESTABLISHING A BUDGET APPROPRIATION OF UP TO $2,611,462 FROM YOLO COUNTY AMERICAN RESCUE PLAN FUNDS SUBAWARD FOR
OPERATING AND ON-GOING COSTS FOR AN INTERIM HOMELESS HOUSING PROGRAM AT 920 WEST CAPITOL AVENUE
Adopted Resolution 23-27 (Attachment 1) establishing a budget appropriation of up to $2,611,462 funded by Yolo County American Rescue Plan Act (ARPA) for operating and ongoing costs for an interim homeless housing program at 920 West Capitol Avenue; and authorized the City Manager, or his designee, to execute a Subrecipient Agreement with Yolo County providing requirements for expenditure of these funds, as approved by the City Attorney, for the Yolo County ARPA award.
8. Police
CONSIDERATION OF HOMELAND SECURITY GRANT AWARD AGREEMENTS AND ADOPTION OF RESOLUTION 23-26 APPROVING THE ACCEPTANCE OF HOMELAND
SECURITY GRANT AWARDS AND RELATED BUDGET ADJUSTMENTS FOR PURCHASE OF
ACTIVE SHOOTER RESPONSE KITS, BOMB SQUAD X-RAY EQUIPMENT AND OTHER
RADIOLOGICAL DETECTION EQUIPMENT
33 3
Adopted Resolution 23-26 Approving The Acceptance Of Homeland Security Grant Awards for $23,500 from the FY 2020 Urban Area Security Initiative Homeland Security Grant Program grant award and $20,079 from the FY 2022 Yolo County Homeland Security Grant Program grant fund award and related appropriations; authorized the acceptance of Secure the Cities grant equipment valued at $58,199; and authorized the City Manager or designee to sign the contracts for the equipment purchases and transfer related to the grants.
PUBLIC HEARINGS
None.
REGULAR AGENDA
9. Economic Development & Housing
WORKSHOP TO CONSIDER THE DRAFT 2023 ANNUAL ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
Recieved a presentation on proposed activities for the Draft 2023 Annual Action Plan for the CDBG Program and provide feedback to staff.
GENERAL ADMINISTRATION FUNCTION – PART II
10. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Councilmember Alcala reported on the Yolo-Solano Air Quality Management District meeting.
Councilmember Sulpizio Hull reported on the March 16 West Sacramento Area Flood Control Agency meeting and the March 20 Yolo Subbasin Sustainable Groundwater Agency meeting.
Mayor Guerrero reported on the March 16 Sacramento Area Council of Governments Board meeting.
11. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS None.
12. PART II
A. Council Calendar
Community Development Director Ouse reported on the Council Calendar.
B. City Manager Report
None.
C. City Attorney Report
None.
D. Staff Direction from City Council Members
Mayor Guerrero spoke about creation of the workplans for City Boards and Commissions. 34 4
E. Future Agenda Item Requests by Council
None.
F. Adjourn
Adjourned the meeting at 9:23 p.m.
MOTION: Sulpizio Hull SECOND: Guerrero
Roll Call Vote
YES: Guerrero, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco, Early; RECUSED: (None); MOTION PASSED
Laurie Ledesma, Senior Deputy City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 2, 2023.
Jennifer Cusmir, City Clerk
35 Attachment 5
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
APRIL 19, 2023 MINUTES
The meeting was called to order at 7:08 p.m.
Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala; Council Member Dawnte Early; Council Member Verna Sulpizio Hull City Attorney Mitchell reported that the City Council met in Closed Session and no action was taken.
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.
This item was taken up by the City Council following the appointment to the Port Commission (Item 18).
The City Council recieved public comment on items not on the agenda within the City's jurisdiction.
PRESENTATIONS
2. Economic Development & Housing
CONSIDERATION OF A PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING THE PALAMIDESSI FAMILY FOR THEIR DEDICATED SERVICE TO THE CITY The City Council took up this item prior to Item 1 on the agenda.
Presented a proclamation recognizing the Palamidessi Family for 87 years of dedicated service to Club Pheasant Restaurant and the City of West Sacramento.
CONSENT AGENDA
Approved the Consent Agenda with the exception of Item 14, on which action will be taken seperately.
MOTION: Alcala SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
3. Capital Projects
36 2
CONSIDERATION OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES CONTRACT WITH INDIGO | HAMMOND + PLAYLE ARCHITECTS FOR ARCHITECT AND DESIGN SERVICES FOR FIRE STATION 43 RESTROOM REMODEL PROJECT (CIP 51031) Approved Amendment No. 1 to the professional services contract with Indigo | Hammond + Playle Architects in the amount of $70,638 for the Architect and Design Services for the Fire Station 43 Restroom Remodel Project (CIP 51031); and delegated authority to the City Manager, or his designee, to execute the Amendment No. 1 to the professional services contract with Indigo | Hammond + Playle Architects.
4. Capital Projects
CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, Inc. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE NEIGHBORHOOD PAVEMENT PRESERVATION & ARTERIAL STREETS PAVEMENT REPAIR PROJECTS (CIPs 17023 & 17024)
Found that the Professional Services Contract with 4LEAF, Inc. for construction management services for the Neighborhood Pavement Preservation & Arterial Streets Pavement Repair Projects is exempt from CEQA under the Class 1 Categorical Exemption under California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15301; awarded a professional services contract with 4LEAF, Inc. for construction management services for the Neighborhood Pavement Preservation & Arterial Streets Pavement Repair Projects; authorized the City Manager or his designee to execute a professional services contract with 4LEAF, Inc for an amount not to exceed $202,379.40; authorized the City Manager to execute non-substantive changes or modifications to the Contract for Professional Services, with approval from the City Attorney; and authorized the City Manager or his designee to make contract amendments up to 15% ($30,356.91) of the value of the contract.
5. Capital Projects
CONSIDERATION OF SECOND READING AND APPROVAL OF ORDINANCE 23-5 AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE MUNICIPAL CODE RELATING TO THE REESTABLISHMENT OF SPEED LIMITS ON CERTAIN STREETS WITHIN THE CITY OF WEST SACRAMENTO (CIP 12019)
Waived the second reading and read by title and number only, Ordinance 23-5, amending Title 10 (Vehicles and Traffic) of the Municipal Code relating to the reestablishment of speed limits on certain streets within the City of West Sacramento; and approved Ordinance 23-5, amending Title 10 (Vehicles and Traffic) of the Municipal Code relating to the reestablishment of speed limits on certain streets within the City of West Sacramento.
6. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT #3 TO THE PROFESSIONAL SERVICES
CONTRACT WITH BENNETT ENGINEERING SERVICES FOR THE E & F STREETS FRONTAGE IMPROVEMENT PROJECT (CIP 15047)
Approved and authorized the City Manager or his designee to execute Amendment #3 for the professional services contract with Bennett Engineering Services to extend the term.
7. Community Development
CONSIDERATION OF APPROVAL OF PRE-QUALIFIED ON-CALL LIST OF CONSULTANTS FOR
BUILDING PLAN REVIEW AND INSPECTION SERVICES
Approved a pre-qualified on-call list for building plan review and inspection support services.
8. Economic Development & Housing
37 3
CONSIDERATION OF ADOPTION OF RESOLUTION 23-33 DECLARING CITY-OWNED PROPERTY LOCATED AT 2525 JEFFERSON BOULEVARD AS SURPLUS PROPERTY Adopted Resolution 23-33 declaring City-owned property located at 2525 Jefferson Boulevard as surplus property.
9. Economic Development & Housing
CONSIDERATION AND APPROVAL OF EXERCISE OF OPTION TO EXTEND THE TERM OF THE ALURA AT WASHINGTON SQUARE (FOUR 40 WEST) DEVELOPMENT AGREEMENT WITH BLACKPINE 440 WEST, LLC
Approved the exercise by the City of the option to extend the term of the Alura at Washington Square (Four 40 West) Development Agreement for an additional six months, setting the Agreement’s expiration to November 13, 2023.
10. Fire
CONSIDERATION OF RESOLUTION 23-9 DECLARING WEEDS GROWING ON CERTAIN LOTS
TO BE A PUBLIC NUISANCE AND SCHEDULING A PUBLIC HEARING TO CONSIDER
OBJECTIONS TO WEED ABATEMENT
Adopted Resolution 23-9 declaring weeds growing on certain lots to be a public nuisance and initiating the 2023 weed abatement program and set a public hearing at its regular meeting of May 3, 2023, to consider objections to the proposed removal of weeds.
11. Public Works
CONSIDERATION OF AWARD OF A CONTRACT TO SUMMIT PIPELINE FOR PROFESSIONAL SERVICES FOR THE WASTEWATER CCTV INSPECTION PROJECT (CIP 33029) Approved and authorized the City Manager, or his designee, to execute a professional service contract with Summit Pipelines in the amount of $250,000 for the Wastewater CCTV Inspection Project (CIP 33029) and authorized the City Manager, or his designee, to execute amendments or change orders up to 7% ($17,500) of the value of the contract.
12. Public Works
CONSIDERATION OF APPROVAL FOR THE PURCHASE OF WORK TRUCKS FOR THE WATER
DIVISION IN SUPPORT OF BACKFLOW AND WATER METER READING AND APPROVAL OF RESOLUTION 23-31 APPROPRIATING FUNDS
Approved Budget Resolution 23-31 appropriating water enterprise funds for the purchase of two vehicles; and approved the purchase of two utility bed work trucks to support staff in the Water Distribution and Backflow areas of the Water Division.
13. City Manager's Office
CONSIDERATION OF PROCLAMATION DECLARING APRIL 23-29, 2023 AS NATIONAL
LIBRARY WEEK
Adopted a proclamation declaring April 23-29, 2023 as National Library Week.
14. City Manager's Office
CONSIDERATION OF AMENDMENT NO. 3 TO LEGAL SERVICES AGREEMENT WITH
KRONICK, MOSKOVITZ, TIEDEMAN & GIRARD
Approve and authorize the City Manager or his designee to execute Amendment No. 3 to the Legal Services Agreement with KMTG to update the schedule of rates for services, effective May 1, 2023 and authorize staff to pubish a Request for Proposals (RFP) for legal services in 3 months time.
38 4
MOTION: Guerrero SECOND: Alcala
Roll Call Vote
YES: Guerrero, Alcala; NO: Orozco, Early, Sulpizio Hull; ABSTAIN: (None); ABSENT: (None); RECUSED: (None); MOTION FAILED
Approve and authorize the City Manager or his designee to execute Amendment No. 3 to the Legal Services Agreement with KMTG to update the schedule of rates for services, effective May 1, 2023 and to review the agreement and services in a future Closed Session meeting.
MOTION: Orozco SECOND: Sulpizio Hull
Roll Call Vote
YES: Early, Sulpizio Hull; NO: Guerrero, Orozco, Alcala; ABSTAIN: (None); ABSENT: (None); RECUSED: (None); MOTION FAILED
Approved and authorize the City Manager or his designee to execute Amendment No. 3 to the Legal Services Agreement with KMTG to update the schedule of rates for services, effective May 1, 2023.
MOTION: Orozco SECOND: Sulpizio Hull
Roll Call Vote
YES: Orozco, Early, Sulpizio Hull; NO: Guerrero, Alcala; ABSTAIN: (None); ABSENT: (None); RECUSED: (None); MOTION PASSED
15. City Manager's Office
CONSIDERATION OF RATIFICATION OF STRATEGIC PLAN SUMMARY FOR 2023 Reviewed and ratified the attached Strategic Plan Summary for 2023.
PUBLIC HEARINGS
16. Community Development
PUBLIC HEARING AND CONSIDERATION OF FIRST READING OF ORDINANCE 23-4
PERTAINING TO AN AMENDMENT TO THE TERM OF THE YARBROUGH DEVELOPMENT
AGREEMENT
Conducted the public hearing; found that the amendment to the term of the existing Yarbrough Development Agreement between ASB Southport II LLC. and the City of West Sacramento does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and waived first reading and read by title only Ordinance 23-4 amending the term of the Yarbrough Development Agreement between ASB Southport II LLC and the City of West Sacramento.
MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
REGULAR AGENDA
None.
39 5
GENERAL ADMINISTRATION FUNCTION – PART II
17. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Councilmember Early reported on the Yolo County Housing Authority meeting and Yolo County Transportation District meeting.
Councilmember Alcala reported on the Yolo-Solano Air Quality Management District meeting.
Mayor Guerrero reported on a reception for the Lisa Project.
Mayor Pro Temp Orozco spoke about the Lisa Project and West Sac Girls Give Back event.
Councilmember Suplizio Hull thanked Public Works Director Bill Roberts for arranging a tour of the wastewater treatment facility and invitied the Council and public to a ride to kick off May is Bike Month on April 30.
18. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS Following Item 2, the City Council took up Item 18 Appointment to the Port Commission.
Appointment to the EIFD Public Financing Authority was take up by Council following Item 17.
Appoint Tim Campbell to the Sacramento-Yolo Port District Commission and Board of Directors of the Sacramento-Yolo Port Financing Corporation (Port Commission).
MOTION: Alcala SECOND: Guerrero
Roll Call Vote
YES: Guerrero, Alcala; NO: Orozco, Early, Sulpizio Hull; ABSTAIN: (None); ABSENT: (None); RECUSED: (None); MOTION FAILED
Appoint Rick Heart to the Sacramento-Yolo Port District Commission and Board of Directors of the Sacramento-Yolo Port Financing Corporation (Port Commission).
MOTION: Guerrero SECOND: Alcala
Roll Call Vote
YES: Guerrero, Alcala; NO: Early, Sulpizio Hull; ABSTAIN: Orozco; ABSENT: (None); RECUSED: (None); MOTION FAILED
Appointed Mayor Pro Tem Orozco to the Sacramento-Yolo Port District Commission and Board of Directors of the Sacramento-Yolo Port Financing Corporation (Port Commission).
MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Orozco, Early, Sulpizio Hull; NO: Guerrero, Alcala; ABSTAIN: (None); ABSENT: (None); RECUSED: (None); MOTION PASSED
Appointed Mayor Guerrero, Councilmember Alcala, and Councilmember Sulpizio Hull to the EIFD Public Financing Authority and instructed staff to advertise for the two remaining vacant positions.
MOTION: Early SECOND: Sulpizio Hull
40 6
Roll Call Vote
YES: Orozco, Early, Sulpizio Hull; NO: Guerrero, Alcala; ABSTAIN: (None); ABSENT: (None); RECUSED: (None); MOTION PASSED
Instructed staff to advertise to existing members of existing City Boards, Committees, and Commissions and the public to fill the additional two vacancies on the EIFD Public Financing Authority.
MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
19. PART II
A. Council Calendar
None.
B. City Manager Report
City Manager Laurel provided the City Manager's Report.
C. City Attorney Report
None.
D. Staff Direction from City Council Members
City Council directed staff to initiate an advisory committee for the Port/City Council and to schedule an evaluation of the City Manager and City Attorney in a Closed Session.
E. Future Agenda Item Requests by Council
None.
F. Adjourn
Adjourned the meeting at 11:52 p.m.
MOTION: Alcala SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk Minutes approved as presented by a majority vote of the City Council on August 2, 2023.
Jennifer Cusmir, City Clerk 41
Attachment 6
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
MAY 3, 2023 MINUTES
The meeting was called to order at 7:00 p.m.
Present
Mayor Martha Guerrero; Council Member Norma Alcala; Council Member Dawnte Early; Council Member Verna Sulpizio Hull
Absent
Mayor Pro Tem Quirina Orozco
Mayor Pro Tem Quirina Orozco arrived at 7:41 p.m.
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.
The City Council recieved public comment on items not on the agenda within the City's jurisdiction.
PRESENTATIONS
2. City Manager's Office
PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL RECOGNIZING MAY 4, 2023
AS THE BIG DAY OF GIVING IN WEST SACRAMENTO
Adopted a proclamation recognizing May 4, 2023 as the BIG Day of Giving in West Sacramento.
MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco; RECUSED: (None); MOTION PASSED
3. City Manager's Office
PRESENTATION BY SACRAMENTO-YOLO MOSQUITO & VECTOR CONTROL DISTRICT Received a presentation from the Sacramento-Yolo Mosquito Vector Control District.
CONSENT AGENDA
Approved the Consent Agenda.
42 2
MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Orozco; RECUSED: (None); MOTION PASSED
4. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-25 AMENDING THE CAPITAL
IMPROVEMENT PROGRAM (CIP) AND APPROVAL OF CONTRACT AWARD TO THE DESIGN BUILD INC. FOR THE MECHANICAL LAB BUILDING UPGRADES PROJECT (CIP 22036) Found that the Mechanical Lab Building Upgrades Project (CIP 22036) is exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301(d) (Existing Facilities); adopted Resolution 23-25 approving an amendment to the Capital Improvement Program budget by transferring funds from the WTP Sludge Collector Replacement Project (CIP 21036) to the Mechanical Lab Building Upgrade Project (CIP 22036); approved and authorize the City Manager, or his designee, to execute a contract with The Design Build Inc. for $48,725; and authorized the City Manager, or his designee, to execute amendments or change orders up to 15% ($7,309) of the Contract value.
5. Community Development
CONSIDERATION OF AWARD OF CONTRACT WITH FREEWIRE TECHNOLOGIES FOR ELECTRIC VEHICLE SUPPLY EQUIPMENT, AMENDMENT NO. 3 TO KIMLEY-HORN AND
ASSOCIATES PROFESSIONAL SERVICES CONTRACT, AND APPROVAL OF RESOLUTION 23-36 ALLOCATING $99,495.66 FOR THE CITY OF WEST SACRAMENTO’S PLUG-IN PARTNERSHIP PROGRAM (CIP 11036)
Approved Item 5 as amended: Approved and authorized the City Manager, or designee, to execute all contract(s) and purchaseorder(s) for up to $221,849.30 with FreeWire Technologies related to the purchase of electricvehicle supply equipment for the Plug-In Partnership Program; authorized the City Manager or his designee to execute amendments or change orders up to 10%of the purchase order ($22,184.93); approved and authorized the City Manager, or designee, to execute Contract Amendment No. 3 withKimley-Horn and Associates Inc. for $24,000 to include the additional work related to the designphase of FreeWire Technologies electric vehicle supply equipment and construction administrationas part of the Plug-In Partnership Program; adopted Resolution 23-36 amending the Capital Improvement Program by authorizing theappropriation and transfer of $100,000 from the Measure E (Fund 110) for costs related to theequipment and installation of FreeWire Technologies electric vehicle supply equipment and $9,000for the previously awarded 2021 YSAQMD Clean Air grant; and authorized the City Manager, or the City Manager’s designee, to execute non-substantive changesor modifications to the purchase orders or contracts with FreeWire Technologies and with Kimley-Horn, with approval from the City Attorney.
6. Finance
CONSIDERATION OF RATIFICATION OF THE CITY'S PARTICIPATION IN NATIONAL OPIOID
SETTLEMENT AGREEMENTS WITH TEVA, ALLERGAN, WALGREENS, WALMART, AND CVS
AND PROPOSED CALIFORNIA STATE SUBDIVISION AGREEMENTS RELATED TO SAME Ratified the City's participation in the ten agreements related to the national opioid settlement:(1) Teva Settlement, (2) Allergan Settlement, (3) Walgreens Settlement, (4) Walmart Settlement, (5) CVS Settlement, (6) California State Subdivision Agreement – Teva, (7) California State Subdivision Agreement – Allergan, (8) California State Subdivision Agreement – Walgreens, (9) California State Subdivision Agreement – Walmart, and (10) California State Subdivision Agreement – CVS.
7. City Manager's Office
43 3
CONSIDERATION OF FOLLOW-UP RESPONSE TO YOLO COUNTY GRAND JURY REPORT ON INSPECTING THE INSPECTORS: HIRING PRACTICES AT CITY OF WEST SACRAMENTO,
BUILDING DIVISION
Reviewed and authorized the attached follow-up response to the Yolo County Grand Jury report titled “Inspecting the Inspectors: Hiring Practices at City of West Sacramento, Building Division.”
PUBLIC HEARINGS
8. Community Development
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 23-30 ADOPTING ELECTRIC
VEHICLE CHARGING FEES IN THE CITY BOOK OF FEES
Conducted a public hearing; adopted Resolution 23-30 adopting Electric Vehicle Charging Fees in the Book of Fee; adopedt a City of West Sacramento Employee Electric Vehicle Charging Program; and direced staff to return to City Council with an Electric Vehicle Charging Equity Program for consideration prior to implementation.
MOTION: Alcala SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
9. Economic Development & Housing
PUBLIC HEARING TO CONSIDER RESOLUTION 23-32 ADOPTING THE 2023-2024 ANNUAL
ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Conducted the public hearing and, upon closing the public hearing, approved Resolution 23-32 adopting the 2023-2024 Annual Action Plan for the use of federal CDBG funding.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
10. Fire
PUBLIC HEARING TO CONSIDER OBJECTIONS TO THE PROPOSED REMOVAL OF WEEDS Conducted the public hearing to consider objections to the proposed removal of weeds and direct staff to proceed with the 2023 weed abatement program.
11. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 23-18 AMENDED AND RESTATED
RESOLUTION TO CONFIRM PARTICIPATION IN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM (SCIP)
Conducted a public hearing; adopted the proposed Amended and Restated Resolution 23-18; approved the form of the Acquisition Agreement , whereby the City acquires public improvements financed through the SCIP Program; and authorized the City Manager, the Finance Director, or the Finance Manager or designee thereof, to execute all documents and take any and all actions necessary and appropriate to carry out the intent of this resolution.
MOTION: Early SECOND: Orozco
44 4
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED.
REGULAR AGENDA
None.
GENERAL ADMINISTRATION FUNCTION – PART II
12. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Councilmember Early reported on the Capital-to-Capitol 2023 event held April 22-26, the Sacramento Area Council of Governments (SACOG) meeting, Yolo County Housing Authority public housing tour, and YoloTransportation District meeting, Councilmember Alcala reported on the meeting of the Yolo-Solano Air Quality Management District Budget Sub-Committee.
Councilmember Sulpizio Hull reported on the April 20 West Sacramento Area Flood Control Agency meeting, the May 1 City/School 2x2 meeting, and the April Capital-to-Capitol 2023 event.
Mayor Pro Temp Orozco reported on the April Capital-to-Capitol 2023 event.
Mayor Guerrero reported on the April Capital-to-Capitol 2023 event, the April 21 Sacramento Area Council of Governments (SACOG) meeting, and the May 1 City/School 2x2 meeting.
13. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS None.
14. PART II
A. Council Calendar
Assistant City Manager Berlin reported on the Council Calendar.
B. City Manager Report
None.
C. City Attorney Report
None.
D. Staff Direction from City Council Members
None.
E. Future Agenda Item Requests by Council
Councilmember Sulpizio Hull will email staff regarding a proclamation for the River City Girls' Swim Team.
45 5
Mayor Pro Tem Orozco noted she sent a request for a proclamation for National Peace Office Memorial Day.
F. Adjourn
Adjourned the meeting at 10:09 p.m.
MOTION: Orozco SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 2, 2023.
Jennifer Cusmir, City Clerk
46 Attachment 7
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
MAY 17, 2023 MINUTES
The meeting was called to order at 7:03 p.m.
Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala; Council Member Verna Sulpizio Hull
Absent
Council Member Dawnte Early
Councilmember Alcala left the meeting at 12:15 a.m.
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.
The City Council recieved public comment on items not on the agenda within the City's jurisdiction.
PRESENTATIONS
None.
CONSENT AGENDA
Approved the Consent Agenda with the exception of Item 9, on which action will be taken separately.
MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Early; RECUSED: (None); MOTION PASSED
2. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AWARD TO BLACK & VEATCH
CORPORATION FOR THE DESIGN PHASE OF THE HIGH SERVICE MANIFOLD REPAIR/REPLACEMENT/VAULT INSTALLATION PROJECT (CIP 21041) Approved and authorized the City Manager, or his designee, to execute a Contract with Black & Veatch Corporation for $382,444 which includes design of suction vault, flow meter with vault, and development of bid package for construction; delegated authority to the City Manager or his designee to execute a professional services contract with Black & Veatch Corporation in the 47 2
amount of $382,444; authorized the City Manager or his designee to issue monthly progress payments to the consultant; and authorized the City Manager, or his designee, to execute amendments or change orders up to 15% ($57,367) of the Contract value.
3. Capital Projects
CONSIDERATION OF APPROVAL OF AN ON-CALL LIST OF PROFESSIONAL ENGINEERING
CONSULTANTS TO PROVIDE ENGINEERING DESIGN AND RELATED SERVICES Approved the On-Call List of Professional Engineering Consultants for Engineering Design and Related Services for 3 years and delegated authority to the City Manager to extend the on-call list for two (2), 1-year extensions as required.
4. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-44 AMENDING THE CAPITAL
IMPROVEMENT PROGRAM (CIP) BY ADDING A NEW PROJECT TO ADDRESS THE TRAFFIC
SAFETY ISSUE AT THE INTERSECTION OF SIXTH STREET & CUMMINS WAY Adopted Resolution 23-44 amending the Capital Improvement Program (CIP) to add a new project to address the traffic safety issue at the intersection of Sixth Street and Cummins Way.
5. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-45 DELEGATING AUTHORITY TO THE CITY’S SENIOR PROGRAM MANAGER FOR REAL PROPERTY TO SET JUST COMPENSATION
FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS
Adopted Resolution 23-45 delegating authority to the City’s Senior Program Manager for Real Property to set “Just Compensation” for Capital Improvement Program (CIP) Projects.
6. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-43 AMENDING THE CAPITAL
IMPROVEMENT PROGRAM (CIP) TO ADD A NEW PROJECT TO ADDRESS THE PAVEMENT
AND DRAINAGE CONDITIONS ALONG SUTTER STREET FROM WEST CAPITOL AVENUE TO
ITS NORTHERLY TERMINUS
Adopted Resolution 23-43 amending the Capital Improvement Program (CIP) to add a new project to address the pavement and drainage conditions along Sutter Street from West Capitol Avenue to its northerly terminus.
7. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-40 DELEGATING AUTHORITY TO THE
CITY MANAGER, ASSISTANT CITY MANAGER OR DIRECTOR OF CAPITAL PROJECTS, TO
EXECUTE RIGHT OF WAY CERTIFICATIONS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS.
Adopted Resolution 23-40 delegating authority to the City Manager, Assistant City Manager or Director of Capital Projects to execute right of way certifications with the California Department of Transportation for Capital Improvement Program (CIP) projects.
8. Capital Projects
CONSIDERATION OF AWARD OF A CONSTRUCTION CONTRACT TO PRO-BUILDERS FOR FIRE STATION 45 TENANT IMPROVEMENTS PROJECT (CIP 51278) Found that the proposed project for the Fire Station 45 Tenant Improvements project is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15303, and 15304, and find that the determination represents the independent judgment of the City; approved and authorized the 48 3
City Manager, or his designee, to execute a Construction Contract to with Pro-Builders for the Fire Station 45 Tenant Improvements Project as the lowest responsive and responsible bidder in the amount of $288,750; and delegated authority to the City Manager, or his designee, to execute changes or modifications to the up to 10% of the contract amount, not to exceed $28,875.
9. Community Development
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-4 PERTAINING
TO AN AMENDMENT TO THE TERM OF THE YARBROUGH DEVELOPMENT AGREEMENT Found that the action is does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines and waived second reading and adopt Ordinance 23-4 amending the term of the Yarbrough Development Agreement between ASB Southport II LLC. and the City of West Sacramento.
MOTION: Orozco SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Sulpizio Hull; NO: Alcala; ABSTAIN: (None); ABSENT: Early; RECUSED: (None); MOTION PASSED
10. Community Development
CONSIDERATION OF RESOLUTION 23-34 ACCEPTING THE MAJORITY OF PUBLIC IMPROVEMENTS FOR SUBDIVISION NO. 5129, NEWPORT ESTATES UNIT 12 Accepted public improvements within Newport Estates Unit 12, Subdivision 5129 including water, sewer, storm drain, street lights and roadway improvements and excluding Community Facilities District (CFD) landscaping, irrigation, and street trees.
11. Finance
CONSIDERATION OF ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT AND RELATED DOCUMENTS FOR FISCAL YEAR ENDING JUNE 30, 2022 Recieved the final audited Annual Comprehensive Financial Report (“Annual Report” or “ACFR”), Single Audit, and Appropriations Limit Report and related documents to City Council for the fiscal year ending June 30, 2022 is an informational item only, no action is required.
12. Finance
CONSIDERATION OF FY 2021-22 SALES TRANSACTION AND USE TAX MEASURE ANNUAL
REPORTS OF REVENUES AND DISBURSEMENTS
Received the report of the Sales Transaction and Use Tax Measure Revenue and Disbursements for Measures K, V, E and N for the fiscal year ended June 30, 2022.
13. Public Works
CONSIDERATION OF A PROCLAMATION RECOGNIZING MAY 21-27, 2023 AS NATIONAL
PUBLIC WORKS WEEK
Adopted the attached proclamation recognizing May 21-27, 2023, as National Public Works Week.
14. City Manager's Office
CONSIDERATION OF RESOLUTION 23-37 AND AWARD OF A CONTRACT FOR SERVICES
WITH ARC DOCUMENT SOLUTIONS FOR THE SCANNING OF ARCHIVED RECORDS Approved Resolution 23-37 revising the funding source and adding additional appropriations for a professional services contract with ARC Document Solutions for the scanning of archived 49 4
records in the amount of $300,000 and approve and authorize the City Manager, or his designee, to execute a professional services contract with ARC Document Solutions for the scanning of archived records.
15. City Manager's Office
CONSIDERATION OF PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL DECLARING MAY 2023 AS MENTAL HEALTH AWARENESS MONTH
Adopted the proclamation declaring May 2023 as Mental Health Awareness Month.
PUBLIC HEARINGS
16. Community Development
PUBLIC HEARING AND CONSIDERATION OF FIRST READING OF ORDINANCE 23-7
PERTAINING TO AN AMENDMENT TO THE TERM OF THE RIVER PARK DEVELOPMENT
AGREEMENT
Conducted the public hearing, found 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 waived first reading and read by title only Ordinance 23-7 amending the term of the River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento.
MOTION: Sulpizio Hull SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Sulpizio Hull; NO: Alcala; ABSTAIN: (None); ABSENT: Early; RECUSED: (None); MOTION PASSED
REGULAR AGENDA
17. Finance
WORKSHOP ON THE PROPOSED OPERATIONS & MAINTENANCE (O&M) AND CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGETS FOR FISCAL YEARS 2023/24 AND 2024/25 Reviewed staff’s report and the information presented at the meeting and provided feedback and direction to staff to be used in preparation of the final proposed budget scheduled for Council consideration on June 28, 2023.
GENERAL ADMINISTRATION FUNCTION – PART II
18. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Mayor Pro Temp Orozco reported on the May 10 meeting of the Sacramento Regional County Sanitation District Board.
Councilmember Sulpizio Hull reported on the May 4 Executive Commission to Address Homelessness meeting and the May 15 Yolo Habitat Conservancy meeting.
Mayor Guerrero reported on the River City Regional Stadium Financing Authority meeting.
19. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS 50 5
None
20. PART II
A. Council Calendar
None.
B. City Manager Report
None.
C. City Attorney Report
None.
D. Staff Direction from City Council Members
None.
E. Future Agenda Item Requests by Council
None
F. Adjourn
Adjourned the meeting at 12:29 a.m.
MOTION: Sulpizio Hull SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Alcala, Early; RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 2, 2023.
Jennifer Cusmir, City Clerk
51 Attachment 8
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
JUNE 7, 2023 MINUTES
The meeting was called to order at 7:03 p.m.
Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala; Council Member Dawnte Early; Council Member Verna Sulpizio Hull 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.
The City Council recieved public comment on items not on the agenda within the City's jurisdiction.
PRESENTATIONS
2. City Manager's Office
PRESENTATION OF PROCLAMATION RECOGNIZING JUNE 2023 AS PRIDE MONTH Presented 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.
CONSENT AGENDA
Approved the Consent Agenda.
MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
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)
Found 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 52 2
independent judgment of the City; and adopted 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) Found 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 adopted 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)
Approved and authorized 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); authorized the City Manager, or his designee, to execute amendments or change orders up to 10% of the contract amendment amount ($46,096.00); approved and authorized 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 authorized 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
Found 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); approved and authorized 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 approved 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
Approved 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 delegated authority to the City Manager to execute the contract amendment and any contract extensions.
53 3
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 Found 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 waived 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 Adopted Resolution 23-38 Adjusting the Flood Protection In-Lieu Fee Indexing Date; and directed 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
Authorized 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 Authorized 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) Found 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 authorized 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
Received 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 54 4
PROPERTY TAXES FOR EXISTING COMMUNITY FACILITY DISTRICTS FOR AUTHORIZED
CAPITAL FACILITY CONSTRUCTION PURPOSES
Adopted 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 Adopted 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
Adopted 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
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)
Adopted 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
Councilmember Early reported on the May 4 Sacramento Area Council of Governments (SACOG) Transportation Committee meeting, the May 8 Yolo Transportation District Board meeting, the May 11 Greater Sacramento Annual Celebration, the May 15 Bikeshare Policy Steering Committee meeting, the May 24 Yolo County Housing Authority meeting and the New Hope CDC meeting, May 31 Yolo Transportation District meeting and the River City graduation, the June 7 Port Commission meeting and an additional Yolo Transportation District meeting also on June 7.
55 5
Councilmember Sulpizio Hull reported on the May 18 West Sacramento Area Flood Control Agency meeting, the May 31 River City graduation, and the Gemini Bio ribbon cutting, Councilmember Alcala reported on the Native Heritatge Museum event.
Mayor Pro Temp Orozco reported on the May 13 Echo Water Project Resource Recovery Facility ribbon cutting event, the Greater Sacramento Economic Development Council event, and the Movie Under the Stars Disney event,
Mayor Guerrero reported on the Rhythm on the River event, the U.S. Conference of Mayors annual meeting, and the CalCities Fireworks event which addressed illegal fireworks managment,
19. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS Recieved an update of recruitment for open positions on the City's Boards, Committees, and Commissions.
20. PART II
A. Council Calendar
Assitant City Manager Berlin reported on the Council Calendar.
Councilmember Early invited the Councilmembers and public to the first Juneenth event in the City.
B. City Manager Report
None.
C. City Attorney Report
None.
D. Staff Direction from City Council Members
None.
E. Future Agenda Item Requests by Council
None.
F. Adjourn
Mayor Guerror adjounred the meeting in memory of Patty Maisch at 8:06 p.m.
MOTION: Orozco SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
56 6
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 2, 2023, 2023.
Jennifer Cusmir, City Clerk
57 Attachment 9
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Special Meeting
JUNE 28, 2023 MINUTES
The meeting was called to order at 7:16 p.m.
Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Dawnte Early; Council Member Verna Sulpizio Hull
Absent
Council Member Norma Alcala
City Attorney Mitchell reported that the City Council met in Closed Session and no action was taken.
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.
The City Council received public comment on items not on the agenda within the City's jurisdiction.
PRESENTATIONS
None.
CONSENT AGENDA
Approved the Consent Agenda.
MOTION: Orozco SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Alcala; RECUSED: (None); MOTION PASSED
2. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AWARD TO REM CONSTRUCTION INC.
FOR THE CORPORATION YARD PHASE II O&M TRANSITION PROJECT (CIP 51032) Found that the environmental impacts associated with the approval of a construction contract as well as multiple contracts and contract amendments for construction support and engineering services for the Corporation Yard Project were fully analyzed in the Mitigated Negative Declaration prepared for all phases of the Corporation Yard Project and approved by City Council on March 6, 2019, and that the need for subsequent environmental review pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164 has not 58 2
been triggered; approved award of Contract with REM Construction Inc for $3,799,744.41 which includes installation of modular transitional buildings, utilities and miscellaneous amenities for public works operations; and authorized the City Manager, or his designee, to execute amendments or change orders up to 20% ($759,948.88) of the Amendment value.
3. Economic Development & Housing
CONSIDERATION OF ADOPTION OF RESOLUTION 23-52 DECLARING CITY-OWNED PROPERTIES LOCATED AT 811- 826 WEST CAPITOL AVENUE AS EXEMPT SURPLUS
PROPERTY
Adopted Resolution 23-52 declaring City-owned properties located at 811-826 West Capitol Avenue as exempt surplus property.
PUBLIC HEARINGS
None.
REGULAR AGENDA
4. Capital Projects
CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACT AWARD TO VERDE DESIGN, INC. FOR THE DESIGN OF THE BRYTE PARK MASTER PLAN IMPLEMENTATION PROJECT (CIP 62138) AND DELEGATION OF AUTHORITY TO THE CITY
MANAGER TO ENTER INTO A SUBRECIPIENT AGREEMENT WITH YOLO COUNTY TO
RECEIVE AMERICAN RESCUE PLAN ACT FUNDING
Approved award of Contract with Verde Design, Inc for $1,859,545 for the Bryte Park Master Plan (BPMP) Implementation Project (CIP 62138); delegated authority to the City Manager or his designee to execute a professional services contract with Verde Design, Inc., in the amount of $1,859,545; authorized the City Manager or his designee to issue monthly progress payments to the consultant and execute amendments or change orders up to 15% ($279,931) of the Contract value; and delegated authority to the City Manager to enter into a Subrecipient Agreement with Yolo County for ARP funding for the BPMP Implementation Project.
MOTION: Orozco SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Alcala; RECUSED: (None); MOTION PASSED
5. Capital Projects
ROAD MAINTENANCE WORKSHOP AND CONSIDERATION OF RESOLUTION 23-41 ESTABLISHING A LIST OF FISCAL YEAR 2023/24 PROJECTS FUNDED BY SENATE BILL 1 (SB1): THE ROAD REPAIR AND ACCOUNTABILITY ACT
Adopted Resolution 23-41 establishing and approving the list of FY 2023/24 projects to be funded with the State Road Maintenance and Rehabilitation Account (RMRA/SB1) revenues and authorize staff to submit the list to the State of California Transportation Commission (CTC).
MOTION: Sulpizio Hull SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Alcala; RECUSED: (None); MOTION PASSED
6. Finance
59 3
CONSIDERATION OF RESOLUTION 23-57 ADOPTING THE FY 2023/24 AND FY 2024/25
OPERATIONS & MAINTENANCE (O&M) AND CAPITAL IMPROVEMENT PROGRAM (CIP)
BUDGETS
Adopted Resolution 23-57 approving the operations and maintenance (O&M) budget and Capital Improvement Program (CIP) budgets for FYs 2023/24 and 2024/25; approved the revised ARPA Spending Plan; approved the amended and updated salary schedule; and approved the amended Authorized Position List.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Alcala; RECUSED: (None); MOTION PASSED
GENERAL ADMINISTRATION FUNCTION – PART II
7. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Councilmember Early spoke about the Police Department promotional ceremony and the Sacramento Area Council of Governments (SACOG) Blueprint meeting.
Mayor Pro Tem Orozco spoke about the Police Department promotional ceremony.
Councilmember Sulpizio Hull spoke about the Youth Fire Academy graduation ceremony.
Mayor Guerrero reported on the Sacramento Area Council of Governments (SACOG) Blueprint meeting and the Police Department promotional ceremony.
8. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS None.
9. PART II
A. Council Calendar
Assistant City Manager Berlin reported on the Council Calendar.
B. City Manager Report
None.
C. City Attorney Report
None.
D. Staff Direction from City Council Members
None.
E. Future Agenda Item Requests by Council
60 4
None.
F. Adjourn
Adjourned the meeting at 11:04 p.m.
MOTION: Sulpizio Hull SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Alcala; RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 2, 2023.
Jennifer Cusmir, City Clerk
61 Attachment 10
WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
JULY 19, 2023 MINUTES
The meeting was called to order at 7:35 p.m.
Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala; Council Member Dawnte Early; Council Member Verna Sulpizio Hull City Attorney Mitchell reported that the City Council met in Closed Session and no action was taken.
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
CONSENT AGENDA
Approved the Consent Agenda with the exception of Item 7 on which action was taken seperately.
MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
2. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT#2 TO THE PROFESSIONAL SERVICES
CONTRACT WITH DEWBERRY FOR THE NORTH RIVERWALK TRAIL EXTENSION PROJECT (CIP 62111)
Authorized the City Manager, or his designee, to execute Amendment #2 in the amount of $70,102.12 for the professional services contract with Dewberry for the North Riverwalk Trail Extension Project (CIP 62111) and authorized the City Manager to make contract amendments up to 10% ($7,010) of the contract amendment value.
3. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT #4 TO THE PROFESSIONAL SERVICES
CONTRACT WITH BENNETT ENGINEERING SERVICES FOR THE E & F STREETS FRONTAGE IMPROVEMENT PROJECT (CIP 15047) TO INCLUDE THE 5TH AND F STREETS TRAFFIC SIGNAL PROJECT (CIP 12018)
Authorized the City Manager, or his designee, to execute Amendment 4 in the amount of $55,445 for the professional services contract with Bennett Engineering Services for the E & F Streets 62 2
Frontage Improvement Project (CIP 15047) to include the 5th and F Streets Traffic Signal Project (CIP 12018); and authorized the City Manager to make contract amendments up to 10% ($5,545) of the total contract value.
4. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-59 AMENDING THE CAPITAL IMPROVEMENT PROGRAM; APPROVAL OF THE PROJECT PLANS AND SPECIFICATIONS; AND AWARD OF A CONSTRUCTION CONTRACT TO VSS INTERNATIONAL, INC. FOR THE
NEIGHBORHOOD PAVEMENT PRESERVATION PROJECT AND THE ARTERIAL STREETS PAVEMENT REPAIR PROJECT (CIPS 17026 &17021)
Found that a Class 1 exemption under California Code of Regulations Title 14, Division 6, Chapter 3, Article 19, Section 15301 is the appropriate level of environmental review for CEQA for the construction of the Neighborhood Pavement Preservation Project and the Arterial Streets Pavement Repair Project; adopted Resolution 23-59 amending the Capital Improvement Program; approved the Project Plans and Specifications for the Neighborhood Pavement Preservation & Arterial Streets Pavement Repair Projects (CIPs 17026 & 17021); awarded a construction contract to the lowest responsive, responsible bidder, VSS International, Inc; delegated authority to the City Manager, or his designee to execute a construction contract with VSS International, Inc. for an amount not to exceed $3,652,000.00; and authorized the City Manager or his designee to execute non-substantive changes or modifications, amendments, change orders, agreements, purchases up to 20% of the construction contract ($730,400.00) with approval from the City Attorney and the Finance Department.
5. Capital Projects
CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH
BENNETT ENGINEERING SERVICES FOR PROFESSIONAL ENGINEERING SERVICES FOR THE STATE STREETS PAVEMENT REHABILITATION PROJECT (CIP 15042) Awarded a professional services contract with Bennett Engineering Services for design and construction management services on the State Streets Pavement Rehabilitation Project (CIP 15042); authorized the City Manager or his designee to execute a professional services contract with Bennett Engineering Services in an amount not to exceed $1,130,001, which includes any optional tasks; delegated authority to the City Manager or his designee to authorize any optional tasks. Optional tasks will remain optional unless and until expressly authorized in writing; and authorized the City Manager or his designee to make contract amendments up to 10% ($113,000) of the total value of the contract.
6. Community Development
CONSIDERATION OF APPROVAL TO RELEASE A REQUEST FOR INFORMATION FOR THE CITY’S ON-DEMAND RIDESHARE PROGRAM
Authorized staff to release a Request for Information for the City of West Sacramento’s OnDemand Rideshare Program.
7. Community Development
CONSIDERATION OF THE “AGREEMENT PROVIDING WATER SERVICE FOR THE RIVERS (FINAL MAP 5177)” BETWEEN THE CITY OF WEST SACRAMENTO AND CENTURY COMMUNITIES OF CALIFORNIA, LLC.
Approved the “Agreement Providing Water Service for the Rivers (Final Map 5177)” between the City of West Sacramento and Century Communities of California, LLC.
MOTION: Orozco SECOND: Sulpizio Hull
Roll Call Vote
63 3
YES: Guerrero, Orozco, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: Alcala; MOTION PASSED
8. Finance
CONSIDERATION OF THE SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT AND
THE CITY OF WEST SACRAMENTO BILLING AND COLLECTION AGREEMENT Approved the Sacramento Regional County Sanitation District and the City of West Sacramento Billing and Collection Agreement and delegated authority to the City Manager to execute the agreement.
9. Finance
CONSIDERATION OF RESOLUTION 23-60 RATIFYING AN AMENDMENT TO THE CONCEALED
CARRY WEAPONS PERMIT FEE PAYMENT SCHEDULE
Approved Resolution 23-60 to ratify a change in the Book of Fees that enables to City to recover all non-refundable costs paid to outside agencies with the Phase A payment and recover City costs with the Phase B payment.
10. Parks & Recreation
CONSIDERATION OF APPROVAL OF CONTRACT WITH WES HORN ART FOR THE
SOUTHPORT LEVEE TRAILHEAD PUBLIC ART INSTALLATION PROJECT Found that the Southport Levee Trailhead Public Art Installation Project is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, Division 6, Class 3 and 4 (“CEQA Guidelines”), Section 15303 and 15304, and find that the determination represents the independent judgment of the City; and approved a contract with Wes Horn Art for the Southport Levee Trailhead Public Art Installation Project in the amount of $20,000 in the form substantively attached and delegate authority to the City Manager to execute the contract.
11. City Manager's Office
CONSIDERATION AND ADOPTION OF RESOLUTION 23-39 APPROVING THE CITY OF WEST
SACRAMENTO'S TITLE VI PLAN
Adopted Resolution 23-39 approving the City of West Sacramento’s Title VI and Limited English Proficiency Plan.
PUBLIC HEARINGS
12. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 23-49 CONFIRMING THE
DIAGRAM AND ASSESSMENT AND ORDERING IMPROVEMENTS (MAINTENANCE) TO BE MADE FOR THE LANDSCAPING AND LIGHTING DISTRICT NO. 1
Cconducted a public hearing; approved the Landscaping & Lighting District No. 1 Report for 2023-2024 with budget and fee schedule; and adopted Resolution 23-49 confirming the Fiscal Year 2022-2023 diagram and assessment, and ordering improvements (maintenance) to be made for the Landscaping and Lighting District No. 1.
MOTION: Orozco SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
13. Finance
64 4
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 23-50 CONFIRMING THE
DIAGRAM AND ASSESSMENT AND ORDERING IMPROVEMENTS FOR THE STORM DRAIN MAINTENANCE DISTRICT NO. 1 (RALEY’S LANDING)
Conducted a public hearing; approved the Storm Drain District No. 1 Report for Fiscal Year 2023- 2024 with budget and fee schedule; and adopted Resolution 23-50 confirming the diagram and assessment and ordering improvements (maintenance) to be made for the Storm Drain Maintenance District No. 1.
MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
14. Finance
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 23-55 CERTIFYING INCLUSION
OF DELINQUENT CHARGES AND PENALTIES FOR WATER, SEWER AND REFUSE
SERVICES ON THE SECURED TAX ROLL IN THE SAME MANNER AS THE GENERAL TAXES
AND DIRECTING THAT A LIEN ALSO BE PLACED ON THE SUBJECT PROPERTIES Conducted a public hearing; closed the public hearing; and adopted Resolution 23-55 certifying inclusion of delinquent charges and penalties for water, sewer, and refuse services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the the subject properties.
MOTION: Orozco SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
REGULAR AGENDA
15. City Manager's Office
WORKSHOP AND REQUEST FOR CONSIDERATION OF RENAMING SQUAW ROAD AND SQUAW COURT IN COMPLIANCE WITH AB 2022
This item was pulled from the agenda.
GENERAL ADMINISTRATION FUNCTION – PART II
16. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Mayor Pro Tem Orozco reported on the July 12 Sacramento Regional County Sanitation District Board meeting.
Councilmember Early reported on the July 17 Yolo Transportation District meeting.
Councilmember Alcala reported on the Yolo-Solano Air Quality Management District meeting held on June 14.
Councilmember Sulpizio Hull reported on the Executive Commission to Address Homelessness meeting held on July 6.
Mayor Guerrero reported on the July 19 Port Commission meeting, 65 5
17. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS Appointed Pierson Rohr to the Transportation, Mobility and Infrastructure Commission.
MOTION: Orozco SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
18. PART II
A. Council Calendar
Assistant City Manager Berlin reviewed the Council Calendar.
B. City Manager Report
None.
C. City Attorney Report
None.
D. Staff Direction from City Council Members
None.
E. Future Agenda Item Requests by Council
None.
F. Adjourn
Meeting was adjourned at 8:51 p.m.
MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on August 2, 2023.
Jennifer Cusmir, City Clerk
66 CITY COUNCIL AGENDA REPORT
MEETING DATE: August 2, 2023 ITEM # 4
SUBJECT:
CONSIDERATION OF AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR CITY MANAGER AND ADOPTION OF RESOLUTION 23-63 APPROVING RELATED
BUDGET ADJUSTMENTS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[X] Council [ ] Staff
[ ] Other
Amanda Berlin, Assistant City Manager
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to seek City Council approval of the Amended and Restated City Manager Employment Agreement.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1. Approve the August 2, 2022 Amended and Restated City Manager Employment Agreement between the City Council and Aaron Laurel for the position of City Manager; and
2. Adopt Resolution 23-63 approving related budget adjustments.
BACKGROUND
Chapter 2.08 of the City’s Municipal Code establishes the powers, duties and responsibilities of the City Council’s appointed position of City Manager. The City Manager’s terms and conditions of employment are defined by an Employment Agreement and from time to time, the employment terms, including adjustments to compensation and/or other benefits, may be renegotiated by the Council and City Manager. During Closed Session on July 19, 2023, the City Council completed a performance evaluation for the City Manager culminating in the attached Amended and Restated Employment Agreement for consideration and approval.
ANALYSIS
The City Council entered into an employment agreement with Aaron Laurel as City Manager effective July 1, 2018. The Council approved Amendment No. 1 to the City Manager Employment Agreement on October 16, 2019, Amendment No. 2 to the Agreement on July 8, 2020, and an Amended and Restated Agreement on March 2, 2022. Mr. Laurel’s current employment agreement, as amended, includes an annual base salary of $268,500 plus benefits. The Amended and Restated Agreement incorporates a 3% salary increase effective July 1, 2023, resulting in a new base salary of $276,555. As shown in the comparison chart below, a base salary at the proposed level is within the range of City Manager salaries for the City’s normal comparator agencies.
Comparator City Manager Salaries
City Amount
Sacramento $400,652
Roseville $300,121
Vacaville $299,273
Elk Grove $295,191
Woodland $282,048
West Sacramento $276,555
Davis $274,560
Rancho Cordova $265,000
Folsom $263,681
Lodi $256,794
Rocklin $252,000
Yuba City $220,500 67
Amended and Restated Employment Agreement for City Manager August 2, 2023
The Amended and Restated Agreement also includes an amendment to Section 6 regarding the adjustment of salary at same general salary increase percentage provided to unrepresented employees from August 1, 2023 through June 30, 2024. Other amendments include revisions to Section 2 regarding term and Section 3B regarding severance, Section 10 regarding the annual physical and Section 12 regarding annual professional dues. Except for these changes, the language contained in the Amended and Restated Employment Agreement does not alter any of the previously established benefits or other terms of the agreement. Exhibit A to the Amended and Restated Employment Agreement contains a summary of benefits under the Agreement.
Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
These recommendations support the City’s Mission of a City government that is financially sound, has a superior workforce and is recognized as a regional leader.
Alternatives
The Council may choose to modify any of the terms or conditions in the Amended and Restated City Manager Employment Agreement. However, any modifications should be reviewed with Mr. Laurel prior to taking formal action.
Coordination and Review
The Amended and Restated City Manager Employment Agreement has been reviewed by Mr. Laurel and the City Attorney.
Budget/Cost Impact
The budget impact of the Amended Employment Agreement for City, including costs retroactive to July 1, 2023, is an ongoing annual cost of $2,086 from the Measure G Fund, $5,735 from the General Support Services Fund and $2,607 from the Port. The attached Resolution requests an appropriation for the City costs in the amount of $7,821 for FY 2023/24 and $8,181 for FY 2024/25. The costs related to the City Manager’s contract are borne by the Measure G Fund, Port, and the General Support Services Fund (104-9016). Costs in the General Support Services Fund are allocated to all funds based on the approved allocation methodology. Any cost associated with the additional salary increase for FY 2023/24 tied to the salary increase for unrepresented employees will be calculated and CM base salary adjusted at a later date.
ATTACHMENTS
1. August 2, 2023 Amended and Restated Employment Agreement for City Manager
2. Resolution 23-63 approving related budget adjustments for the Amended and Restated City Manager Employment Agreement
68 AMENDED AND RESTATED EMPLOYMENT AGREEMENT
CITY MANAGER
This Amended and Restated Employment Agreement is made effective as of March August 2, 2022 2023 and is entered into by and between the City of West Sacramento, California a municipal corporation, ("Employer" or “City”) and Aaron Laurel, individual (“Employee”), sometimes collectively referred to herein as “the Parties”.
WITNESSETH:
WHEREAS, Employee has been continuously employed by City as City Manager since July 1, 2018.
Employee is currently employed under an Employment Agreement approved on July 1, 2018 and amended on October 2, 2019, and again on July 8, 2020 and March 2, 2022 (“Employment Agreement”).
WHEREAS, the parties acknowledge that Employee will be a member of the International City/County Management Association (ICMA) and that Employee will be subject to the ICMA Code of Ethics; and
WHERAS, the Parties mutually agree that they intend for this Agreement to supersede all prior Employment Agreements, and that upon execution of this Agreement, any prior Employment Agreement shall have no force or effect; and
WHERAS, the Parties also mutually agree that this form of Agreement reflects the terms and conditions under which the Parties intend and desire to continue Employee's employment, and that there are no other agreements between them; oral, written or implied.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows:
Section 1: Duties
A. Employer has agreed to employ Aaron Laurel as City Manager of Employer to perform functions and duties specified in Chapter 2.08 of the Municipal Code of West Sacramento and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign to the City Manager.
B. Employee shall remain in the exclusive employment of the City and devote Employee's full energy, skill, ability and productive income-generating time, attention and effort to the business of the City while so employed.
C. Employee shall not engage in any employment, activity, consulting service, or other enterprise, for compensation or otherwise, which is actually or potentially in conflict with, inimical to, or which interferes with the performance of his duties as City Manager. Employee acknowledges that he is subject to the various conflict of interest requirements found in California Government Code and state and local policies and regulations.
1. The expenditure of reasonable amounts of time not in conflict with the City's needs and interests, for educational, charitable, community, and professional activities shall not be deemed a breach of this Agreement and shall not require prior consent. 69 Amended and Restated Employment Agreement – City Manager March August 2, 20222023
2. This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs if those activities do not materially interfere with the services required under this Agreement.
3. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use.
D. During the course of employment or at any other time, Employee agrees not to disclose, communicate, use to the detriment of the City or for the benefit of any other person (including Employee) or misuse in any way any confidential information or data concerning City. Employee acknowledges and agrees that all such confidential information received by Employee will be received in confidence and as a fiduciary of the City.
Section 2: Term
A. Employee agrees to serve at the pleasure of the Council, at will, and without any fixed term.
B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement. Notwithstanding the forgoing, during the period beginning with the date a new City Council member takes the oath of office and ending 90 180 days thereafter, Employer may not terminate Employee except "For Cause", as defined in paragraph C in Section 3 below.
C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4 of this agreement.
Section 3: Termination and Severance Pay
A. In the event Employee is terminated by the Council during such time that Employee is willing and able to perform his duties under this agreement, other than for one of the reasons described in paragraphs B or C below, then in that event Employer agrees to pay Employee a lump sum cash payment equal to six twelve (126) months' aggregate salary and to continue payment of medical insurance premiums for twelve (12) months of the federally mandated COBRA period.
Employee will be allowed to continue medical coverage at his own expense for the remainder of the COBRA period. Receipt of severance pay and continued payment of medical insurance premiums will be contingent on Employee signing a waiver of any claims, known or unknown, against Employer, the City Council, and Employer's officials and employees.
B. In the event Employee is asked to resign, or the parties agree that Employee’s voluntary resignation is desired, then Employer agrees to pay Employee a lump sum cash payment equal to six twelve (126) months' aggregate salary and to continue payment of medical insurance premiums for twelve (12) months of the federally mandated COBRA period. Employee will be allowed to continue medical coverage at his own expense for the remainder of the COBRA period. Receipt of severance pay and continued payment of medical insurance premiums will be contingent on 70 Amended and Restated Employment Agreement – City Manager March August 2, 20222023
Employee signing a waiver of any claims, known or unknown, against Employer, the City Council, and Employer's officials and employees.
C. In the event the Employee is terminated for cause, then Employee shall be entitled to only the compensation accrued up to the date of termination and such other termination benefits and payments as may be required by law, and Employer shall have no obligation to pay the aggregate severance sum designated in the above paragraphs A or B. For purposes of this Agreement, "For Cause" termination shall include the following reasons: (i) conviction of a felony or other crime involving moral turpitude; (ii) fraud, material dishonesty; (iii) willful or persistent failure to carry out Employee's duties; (iv) gross negligence, or misconduct; (v) engaging in unlawful discrimination or harassment of employees or any third Party while on City premises or time; (vi) death or disability; (vii) civil liability for a violation of a statute or law constituting misconduct in office. For purposes of this Agreement, "Disability" shall mean the Employee's inability, because of physical or mental illness or incapacity or otherwise, to perform his essential duties under this Agreement for a period of 180 days or more in any period of 360 days.
D. In the event Employer at any time during the term of this agreement, other than for reasons described in paragraphs B or C above, reduces the salary or other financial benefits of Employee in a greater percentage than applicable across-the-board reduction for all other management employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, then Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply, and will be entitled to the severance pay provisions in the above paragraph A.
Section 4: Resignation
In the event Employee voluntarily resigns his position with Employer, then Employee shall give Employer two months' notice, in advance, unless the parties agree otherwise in writing.
Section 5: Disability
If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health, the provisions set forth in the City personnel rules and the California Family Rights Act and the Family and Medical Leave Act shall apply.
Section 6: Compensation
Effective the beginning of the pay period inclusive of March 1, 2020, Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $268,500 payable in installments at the same time as the other management employees of the Employer are paid.
Effective the beginning of the pay period inclusive of July 1, 2023, Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $276,555 payable in installments at the same time as the other management employees of the Employer are paid. In addition, for Fiscal Year 23/24, Employer agrees to increase Employee’s annual base salary by the same percentage of any general salary increase provided to unrepresented employees (including Executive Management/Management) and such increase will be effective the same pay period as effective for 71 Amended and Restated Employment Agreement – City Manager March August 2, 20222023
unrepresented employees.
Section 7: Performance Evaluation
A. The Council shall review and evaluate the performance of the Employee at least annually at a mutually agreeable time. The review and evaluation shall be in accordance with specific criteria developed jointly by Council and Employee. Said criteria may be added or deleted by the Council from time to time in consultation with the Employee. Further, the Mayor may provide the Employee with a summary written statement of the findings of the Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. Upon completion of its review of Employee's performance, the parties may agree to an adjustment in Employee's total compensation, which the parties acknowledge will require an amendment to this Agreement.
B. Annually, the Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of West Sacramento and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriates provided.
C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law.
Section 8: Hours of Work
Employer recognizes that Employee must dedicate a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take management leave as set forth in Exhibit A, attached hereto and incorporated herein.
Section 9: Vacation, Sick and Other Leave
A. Employee shall accrue, and have credited to his personal account vacation, sick and other leave as provided in Exhibit A.
Section 10: Disability, Health and Life Insurance
A. Employer agrees to put into force and to make required premium payments for Employee as set forth in Exhibit A.
B. Employee agrees to submit once per year to a complete physical examination as set forth in Exhibit A.
Section 11: Retirement
A. Employee will be enrolled in the CalPERS 2.5% @ 55 plan as set forth in Exhibit A and Employee will pay the 8% employee share of the rate.
B. Employer agrees to execute all necessary agreements provided by ICMA Retirement 72 Amended and Restated Employment Agreement – City Manager March August 2, 20222023
Corporation (ICMA-RC) for Employer's continued participation in ICMA-RC 401A plan as set forth in Exhibit A. The parties shall fully disclose to each other the financial impact of any amendment to the terms of Employee's retirement benefit.
Section 12: Professional Development, Dues and Subscriptions Employer hereby agrees to budget and pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development ofEmployee and to adequately pursue necessary official functions for Employer, including but not limited to the ICMA Annual ConferenceInternational City/County Management Association, the California League of Cities, the California Association for Local Economic Development, American Leadership Forum, Urban Land Institute and such other national, regional, state, and local governmental groups and committees thereof which Employee serves as a member. Employer further agrees to budget and pay for professional dues and subscriptions necessary for his continuation and full participation in national, regional, state and local associations. For all activities in this Section the amount budgeted shall not exceed $10,000 annuallyThe amount budgeted for purposes of this section shall be established by the City Council as part of the City’s regular budget process. All amounts in addition to said sum shall require prior Council approval.
Section 13: General Expenses
Employer recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses upon proper submittals pursuant to City policy.
Section 14: Indemnification
To the extent required under state and local law, Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager.
Section 15: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
Section 16: Other Terms and Conditions of Employment
A. The Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement and are set forth in writing.
B. All provisions of Employer's policies, procedures, code, and regulations relating to vacation and sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, shall apply to Employee as they would to other employees of Employer, in addition to said benefits, 73 Amended and Restated Employment Agreement – City Manager March August 2, 20222023
enumerated specifically for the benefit of Employee except as herein provided to the extent they are not in conflict with this Agreement.
C. If the City provides (i) paid leave salary to the Employee pending an investigation, (ii) funds for the legal criminal defense of the Employee, or (iii) severance pay to the Employee in accordance with section 3 hereof, then in the event the Employee is convicted of a crime involving an abuse of his office or position as defined in California Government Code Section 53243.4, all such sums paid by the City to the Employee or for the Employee's benefit shall be fully reimbursed to the City by the Employee.
Section 17: Notices
Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: Mayor Martha Guerrero
1110 West Capitol Avenue-3rd Floor
West Sacramento, California 95691
(2) EMPLOYEE: Aaron Laurel
1110 West Capitol Avenue-3rd Floor
West Sacramento, California 95691
Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
Section 18: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.
C. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
D. All exhibits attached hereto are incorporated herein as part of this agreement as if fully set forth herein.
D. This agreement may not be modified or amended or any of its provisions waived except by a subsequent written agreement executed by each of the parties.
E. Employee and Employer agree and acknowledge that the provisions of this agreement have been- arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this agreement and to have such provisions reviewed by legal counsel, and that 74 Amended and Restated Employment Agreement – City Manager March August 2, 20222023
both parties agree that they either have had the provisions of this agreement reviewed by legal counsel or have voluntarily chosen not to do so. Employee expressly agrees and acknowledges that the City Attorney was representing solely the Employer regarding this agreement and not Employee.
IN WITNESS WHEREOF, the City Council of West Sacramento has caused this agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written.
EMPLOYER: EMPLOYEE:
_________________________ ____________________________
Martha Guerrero Aaron Laurel
Mayor City Manager
ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________ Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney Attachments:
Exhibit A: City of West Sacramento City Manager Benefits Summary, Revised 38/2/20222023 75 City of West Sacramento EXHIBIT A
Benefits Summary
CITY MANAGER
Effective: 07/01/2018
Revised: 11/7/2018
Revised: 10/16/2019
Revised: 7/8/2020
Revised: 5/2/2022
Revised: 8/2/2023
Annual Physical: Employee shall submit to an annual physical at City’s expense. Cost not to exceed $500.
Car Allowance: City shall pay employee $500 per month as a car allowance.
Cellular Phone: City provided phone or stipend as per Administrative Policy II-E-12.
Holidays: Ten (10) set in Personnel Rules and 3.5 floating holidays. Floating holidays are credited each July.
Life Insurance: City pays premium for $1,000,000 term life insurance policy.
Long-Term Disability: City pays premium for Standard LTD program offered to management employees.
Management Leave: Eighty (80) hours per fiscal year. No accumulation. Eighty (80) hours is credited at the beginning of each fiscal year.
Medical, Dental, & Vision
Insurance:
City shall pay 100% of the premiums for coverage for employee and family.
Medical after Retirement: City shall pay 100% of the premiums for medical and dental coverage for employee and family. Vision is offered for up to 18 months (COBRA) and is paid by the retiree.
Money Purchase Plan
(401a):
City contributes 4.5% of base salary, mandatory employee contribution of 5.5%. Contributions to be in equal, proportional amounts each pay period.
Retirement: CalPERS 2.5% @ 55 plan, includes highest thirty-six months for final compensation determination, 1959 Survivor's Benefit (3rd Level) and Unused Sick Leave Credit. Employee pays entire 8% employee contribution.
Salary: Effective the beginning of the pay period inclusive of March 16, 2020:
Base salary of $268,500 annually.
Effective the beginning of the pay period inclusive of July 1, 2023:
Base salary of $276,555 annually.
For Fiscal Year 23/24, annual base salary shall be increased by the same percentage of any general salary increase provided to unrepresented employees and be effective the same pay period as effective for unrepresented employees.
Sick Leave: Accrual rate is eight (8) hours a month.
Vacation: Accrual per year based on years of employment with the City:
1-5 yrs = 10 days; 6-10 yrs = 15 days; 11-19 yrs = 20 days; 20+ yrs - 25 days. Maximum accumulation = 456 hours per year. Total payoff at 76 9
separation.
See Personnel Rules for further information on Employer/Employee relations, personnel practices, and terms and conditions of employment.
77 Attachment 2
RESOLUTION 23-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ADOPTING AMENDMENTS TO THE BUDGET FOR FISCAL YEARS 2023/24 AND 2024/25
TO FUND UPDATES TO THE CITY MANAGER AMENDED AND RESTATED EMPLOYMENT
AGREEMENT
WHEREAS, the City Council adopted the biennial Operations and Maintenance (O&M) budget for Fiscal Years 2023/24 and 2024/25 on June 28, 2023; and WHEREAS, Chapter 2.08 of the City’s Municipal Code establishes the powers, duties and responsibilities of the City Council’s appointed position of City Manager; and WHEREAS, the City Manager’s terms and conditions of employment are defined by an Employment Agreement and from time to time, the employment terms, including adjustments to compensation and/or other benefits, may be renegotiated by the Council and City Manager; and WHEREAS, during Closed Session on July 19, 2023, the City Council completed a performance evaluation for the City Manager culminating updated terms in the Amended and Restated Employment Agreement for consideration and approval; and WHEREAS, the proposed Amended and Restated Employment Agreement requires budget amendments to fund the revisions in FY 2023/24 and 2024/25; 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 Measure G Budget of $4,268 and the General Support Services Budget of $11,734 for fiscal years 2023/24 and 2024/25 as follows:
SOURCES
$2,086 106-9020-3110 Measure G Fund Balance FY 2023/24
$5,735 104-9016-3110 Gen Support Svc Fund Balance FY 2023/24 $2,182 106-9020-5111 Measure G Fund Balance FY 2023/24
$5,999 104-9016-5111 Gen Support Svc Fund Balance FY 2024/25 $16,002 TOTAL SOURCES
USES
$2,086 106-9020-5111 Measure G Salaries & Benefits FY 2023/24 $5,735 104-9016-5111 General Support Svc Sal/Ben FY 2023/24 $2,182 106-9020-5111 Measure G Salaries & Benefits FY 2024/25 $5,999 104-9016-5111 General Support Svc Sal/Ben FY 2024/25 $16,002 TOTAL USES
2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
3. This Resolution shall take effect immediately upon its adoption. 78 Resolution 23-63
PASSED AND ADOPTED by the West Sacramento City Council this this 2nd day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
79