West Sacramento City Council
October 18, 2023

WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR

AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
OCTOBER 18, 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

2. City Manager's Office
PRESENTATION OF THE 2023 HELEN PUTNAM AWARD FOR EXCELLENCE IN CITYBUSINESS RELATIONS FOR THE WEST SACRAMENTO HOME RUN PAID INTERNSHIP

PROGRAM
Objective: To receive the 2023 Helen Putnam Award for Excellence in City-Business Relations for the West Sacramento Home Run Paid Internship Program from the League of California Cities.

Recommendation: Staff respectfully recommends that the City Council receive the presentation of the 2023 Helen Putnam Award for Excellence in City-Business Relations to the City for the West Sacramento Home Run Paid Internship Program from the League of California Cities.

3. City Manager's Office
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 PRESENTATION OF PROCLAMATION RECOGNIZING OCTOBER 2023 AS PREGNANCY AND

INFANT LOSS AWARENESS MONTH
Objective: The purpose of this report and proclamation is to provide support and recognition to those who have lost a child and recognize this month as a time for remembrance and education about all aspects of infant loss, from miscarriages to Sudden Infant Death Syndrome (SIDS).

Recommendation: Staff respectfully recommends that the City Council adopt a proclamation recognizing October 2023 as Pregnancy and Infant Loss Awareness Month.

4. City Manager's Office
PRESENTATION OF PROCLAMATION RECOGNIZING OCTOBER 22 TO OCTOBER 29 AS

CALIFORNIA FLOOD PREPAREDNESS WEEK
Objective: The purpose of this report is to recognize California Flood Preparedness Week from October 22 to October 29 in advance of the 2023/24 winter season.

Recommendation: Staff respectfully recommends that the City Council adopt a proclamation to recognize the 2023 Flood Preparedness Week.

CONSENT AGENDA

5. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT 2 TO THE ON-CALL CONTRACT FOR

SERVICES WITH CMD WEST-MAVERICK ALLIANCE COMPANY
Objective: The objective of this report is to provide the City Council with sufficient information to approve Amendment 2 to the Contract for Services with CMD West-Maverick Alliance Company for on-call right of way acquisition services.

Recommendation: Staff respectfully recommends that the City Council: (1) Approve Amendment 2 to the Contract for Services with CMD West-Maverick Alliance Company in the amount of $306,000 for on-call right of way acquisition services and property management services; and (2) Delegate authority to the City Manager or his designee to execute the contract amendment substantially in the form attached, issue notices to proceed (NTPs), approve amendments to the scope and undertake any and all actions necessary to implement the contract.

6. Community Development
CONSIDERATION OF RESOLUTION 23-80 ACCEPTING PUBLIC IMPROVEMENTS COMPLETED FOR PARCEL MAP 5151
Objective: The objective of this item is for the City Council to accept public improvements constructed as a requirement for approval of Parcel Map 5151.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-80, accepting the public improvements required of Parcel Map 5151. 2 7. Community Development
CONSIDERATION OF RESOLUTION 23-82 AUTHORIZING USE OF DEPARTMENT OF CANNABIS CONTROL RETAIL ACCESS GRANT FUNDS AND RESOLUTION 23-83 APPROVING

RELATED BUDGET APPROPRIATIONS
Objective: The objective of this report is to provide the City Council with information needed to consider acceptance of a $235,000 grant from the Department of Cannabis Control for development and implementation of the City’s retail cannabis program including a social equity component.

Recommendation: Staff respectfully recommends the Council: (1) Adopt resolution 23-82 authorizing the acceptance of the 2023 Department of Cannabis Control Retail Access Grant of $235,000; (2) Adopt resolution 23-83 approving the appropriation of the grant funds awarded; and (3) Authorize the City Manager or designee to sign the grant agreement once received from the Department of Cannabis Control.

8. City Manager's Office
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-8 AMENDING THE WEST SACRAMENTO MUNICIPAL CODE TO MEMORIALIZE THE COUNCIL’S ONE CITY

GOVERNANCE FRAMEWORK
Objective: This report requests that the Council consider second reading and adoption of Ordinance 23-8, which would amend Section 2.16 of the West Sacramento Municipal Code to add language embodying the Council’s One City governance framework.

Recommendation: Staff respectfully recommends that the City Council waive second reading and adopt Ordinance 23-8 amending Section 2.16 of the West Sacramento Municipal Code to include the Council’s One City governance framework.

9. City Manager's Office

REQUEST FOR CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-10 BANNING WEAPONS FROM CITY FACILITIES
Objective: This report requests that the Council consider second reading and adoption of Ordinance 23-10, which would ban weapons from City facilities.

Recommendation: Staff respectfully requests that the City Council waive second reading and adopt Ordinance 23-10, which would create an ongoing ban on weapons in City facilities.

PUBLIC HEARINGS
NONE

REGULAR AGENDA
3 10. City Manager's Office

CONSIDERATION OF CITY OF WEST SACRAMENTO JOINING THE YOLO ANIMAL SERVICES

PLANNING AGENCY JOINT POWERS AGENCY AND APPOINTMENT TO THE JPA Objective: The purpose of this report is to provide the City Council with sufficient information needed to approve the City of West Sacramento to join the Yolo Animal Services Planning Agency (JPA) and make an appointment for a member of the City Council to represent West Sacramento.

Recommendation: Staff respectfully recommends that the City Council: (1) Authorize the Mayor or her designee to approve the City joining the Yolo Animal Services Planning Agency JPA and authorize the City Manager to take any actions necessary to effectuate the joining of the JPA; and (2) Appoint a City Council member to serve as the West Sacramento representative to the JPA.

GENERAL ADMINISTRATION FUNCTION – PART II

11. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee --------------------------------------------Guerrero, Alternate - Early City/County 2x2 ----------------------------------------------------Guerrero/Orozco, Alternate – Sulpizio Hull City/School 2x2 ------------------------------------------------------Guerrero/Sulpizio Hull, Alternate - Alcala Executive Commission to Address Homelessness --------------------Sulpizio Hull, Alternate - Orozco EIFD Public Financing Authority----------------------------------------------------Vacant, Alternate - Vacant League of California Cities --------------------------------------------------- Alcala, Alternate – Sulpizio Hull Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Guerrero, Early, Sulpizio Hull Remote Access Network ------------------------------------------------------------------------------------Guerrero River City Regional Stadium Financing Authority------------------------------------------Guerrero, Orozco Sacramento Area Council of Governments (SACOG) ------------------------Guerrero; Alternate - Early Sacramento Regional County Sanitation District Board --------------Orozco; Alternate - Sulpizio Hull 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

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

13. PART II
A. Council Calendar
B. City Manager Report
C. City Attorney Report
4 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 October 18, 2023 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted October 13, 2023 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review.

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

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

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

If you need assistance to participate in this meeting, please contact the City Clerk’s Office at 916-617- 4500 or [email protected]. Notify the City Clerk’s Office at least 48 hours prior to the meeting will assist staff in assuring reasonable arrangements can be made to provide accessibility to the meeting. Assisted listening devices are available at this meeting. 5 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2023 ITEM # 2
SUBJECT:

PRESENTATION OF THE 2023 HELEN PUTNAM AWARD FOR EXCELLENCE IN CITYBUSINESS RELATIONS FOR WEST SACRAMENTO HOME RUN PAID INTERNSHIP

PROGRAM
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Justine Jimenez, Home Run Business Manager
City Manager’s Office
ATTACHMENT [ ] Yes [X] No [X] Information [ ] Direction [ ] Action

OBJECTIVE
To receive the 2023 Helen Putnam Award for Excellence in City-Business Relations for the West Sacramento Home Run Paid Internship Program from the League of California Cities.

RECOMMENDED ACTION
Staff respectfully requests City Council receive the presentation of the 2023 Helen Putnam Award for Excellence in City-Business Relations for the West Sacramento Home Run Paid Internship Program from the League of California Cities.

BACKGROUND
The West Sacramento Home Run strives to create a community where every child and young person is supported in their development and has opportunities for health, social emotional support, and quality education to prepare them for their future and career. The West Sacramento Home Run Paid Internship Program partners with our West Sacramento Chamber of Commerce and provides high school students from Washington Unified High Schools the ability to participate in paid internships with local employers along with training and preparation for future careers. Launched as a pilot program in 2028, and fully realized in summer of 2019, the Paid Internship Program was recognized by the League of California Cities and awarded the Helen Putnam Award of Excellence in City-Business Relations at their Fall 2023 Conference and Expo. The Home Run designed and staffed a booth at the Expo and is delighted to have received this meritorious honor for one of the Home Run programs.

ANALYSIS
The West Sacramento Home Run’s mission is to make West Sacramento the best place to grow up, raise a family and find talent. None of the programs and the benefit they give to our children youth and families would be possible without the excellent groundwork laid, and the ongoing support of the West Sacramento City Council.

Receiving this award is not only the result of that support, and the hard work done by the Home Run staff but also our strong partnership with our Chamber of Commerce, local businesses and community organizations, and the Washington Unified School District.

Environmental Considerations
This presentation of award is not subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
Not applicable
Strategic Plan Integration
In the area of Management for the 2023 Strategic Plan this presentation of award directly reflects the priority of Home Run Enrollment Growth, especially as the Home Run Paid Internship enrollment increased by 64% between summer of 2022 and summer of 2023.

Alternatives
Not applicable
Coordination and Review
West Sacramento Home Run coordinated this presentation of award with members of the League of California Cities.
6 2023 Helen Putnam Award for Excellence in City-Business Relations October 18, 2023

Budget/Cost Impact
There is no cost for this presentation of award, therefore there is no budget impact, other than the hope that recognition of the Home Run for this program may lead to future funding.

ATTACHMENT
None
7 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2023 ITEM # 3
SUBJECT:

PRESENTATION OF PROCLAMATION RECOGNIZING OCTOBER 2023 AS

PREGNANCY AND INFANT LOSS AWARENESS MONTH
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Meaghan Stiles, Program Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report and proclamation is to provide support and recognition to those who have lost a child and recognize this month as a time for remembrance and education about all aspects of infant loss, from miscarriages to Sudden Infant Death Syndrome (SIDS).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing October 2023 as Pregnancy and Infant Loss Awareness Month.

BACKGROUND
Pregnancy and infant loss awareness month was officially declared by Ronald Reagan on October 25, 1988. In his proclamation, he mentioned moving forward with this observance month as a way to bring awareness and appropriate language to something that not many people were not talking about, especially at the time. This proclamation was a great step in working towards building resources, encouraging additional sensitivity training for medical/healthcare professionals for this type of bereavement, and creating more awareness of the pain that many individuals and families go through when a loss like this occurs.

Since this proclamation, activists and supporters have helped grow this movement and local, as well as international events take place that unite people from all over the world who have been impacted by this type of loss.

ANALYSIS
Losing any loved one is tragic, but losing a baby can be particularly devastating. National observance of Pregnancy and Infant Loss Awareness Month offers the opportunity to increase the understanding of the great tragedy involved in the deaths of unborn and newborn babies. It also enables us to consider how, as individuals and communities, we can meet the needs of bereaved parents and family members and work to prevent causes of these problems.

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

ATTACHMENT

1. Proclamation
8 PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL
DESIGNATING OCTOBER 2023 AS

PREGNANCY AND INFANT LOSS AWARENESS MONTH
WHEREAS, in 1988 President Reagan designated October as the National Pregnancy and Infant Loss Awareness Month and since 2016, fifty states have proclamations honoring October 15th as the National Pregnancy and Infant Loss Awareness Day; and WHEREAS, National Pregnancy and Infant Loss Awareness Month is intended to increase awareness and understanding to support families going through this unimaginable grief process and offer guidance and support to provide comfort to parents/families after experiencing such a tragic loss; and
WHEREAS, one in four women will suffer a loss during pregnancy, at birth or in infancy.

Pregnancy and infant loss - which includes miscarriage, stillbirth, sudden infant death syndrome (SIDS), ectopic pregnancy, termination for medical reasons, and the death of a newborn - have historically not been given the proper acknowledgement and value they truly deserve; and WHEREAS, pregnancy and infant loss often lack a space for open dialogue and women/birthing people may experience shame or inability to publicly grieve since remembrance is reserved for private moments; and
WHEREAS, promoting awareness of pregnancy and infant loss not only increases the likelihood that grieving families will receive understanding and support, but also results in improved education and prevention efforts which may ultimately reduce the incidence of these tragedies; and
WHEREAS, Pregnancy and Infant Loss Awareness Month in October and Pregnancy and Infant Loss Remembrance Day on October 15 calls attention to how, as individuals and a community, we can help meet the needs of bereaved mothers, fathers, and family members, and work to recognize grief and to honor the courage of families who have lost a child; and WHEREAS, bereaved parents around the world remember their children annually on October 15th with a candle lighting at 7 p.m., unifying these parents in tribute to their children.

NOW, THEREFORE, BE IT PROCLAIMED by the West Sacramento City Council that October 2023 be designated as Pregnancy and Infant Loss Awareness Month in the City of West Sacramento and recognize the families, professionals, and volunteers who work to reduce the stigma and alienation experienced by many families, while promoting awareness, understanding and support for these families.

PROCLAIMED THIS 18th day of October 2023.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
9 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2023 ITEM 4
SUBJECT:

PRESENTATION OF PROCLAMATION RECOGNIZING OCTOBER 22 TO
OCTOBER 29 AS CALIFORNIA FLOOD PREPAREDNESS WEEK
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff
[ ] Other
Paul Dirksen Jr., Flood Protection Planner
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to recognize California Flood Preparedness Week from October 22 to October 29 in advance of the 2023/24 winter season.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation to recognize the 2023 Flood Preparedness Week.

BACKGROUND
Winter storms can lead to dangerous flooding conditions in many areas of California, including West Sacramento.

Last year there were several atmospheric rivers that brought copious amounts of rain and increased the snowpack in the Sierra Nevada Mountains. This year, the National Weather Service predicts another El Niῆo year, bringing higher than normal precipitation to California and possibly the Sacramento Valley.

The City of West Sacramento is uniquely located where the American River joins the Sacramento River, near the Broderick neighborhood, and by the Yolo Bypass on the city’s western boundary, which carries four times the amount of water of the Sacramento River to relieve the upriver flows of the Feather and Sacramento Rivers. The City of West Sacramento is almost completely surrounded by levees and during high water events, all but the southern areas of the city have water against the levees. Because of the risk of flooding, it’s important for Californians and West Sacramentans to evaluate their flood risk, prepare and practice response plans and learn from past high-water events.

ANALYSIS
The City of West Sacramento has participated in Flood Preparedness Week for many years. Annually, the city conducts emergency exercises related to potential flood events, which includes coordination across all city departments, coordination with Yolo County and the state. Many City Council members have visited West Sacramento elementary schools during flood preparedness week to encourage students and their families to Plan, Pack and Protect against flooding.

Adoption of this proclamation signifies the City’s commitment to flood protection, which includes strengthening the levees that protect the city and working with state and federal partners to keep West Sacramento residents and property owners safe during high water events. The city recognizes Flood Preparedness Week as the beginning of the flood season stressing the importance of being prepared during periods of high precipitation.

Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
Adoption of this proclamation underscores the City’s commitment to flood protection and preparedness.

Alternatives
N/A
Coordination and Review
N/A
Budget/Cost Impact
N/A

ATTACHMENT
Proclamation
10 PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING OCTOBER 21 TO 28, 2023 AS

CALIFORNIA FLOOD PREPAREDNESS WEEK
WHEREAS, the City of West Sacramento is protected by 50 miles of levee, and City leaders recognize the significant public safety threat that flooding poses to its residents, assets and economy of the city; and
WHEREAS, the City of West Sacramento and the West Sacramento Area Flood Control Agency consider flood protection a top priority and have worked diligently to improve the levee system that protects the City; and
WHEREAS, the City and the West Sacramento Area Flood Control Agency in partnership with the state Department of Water Resources completed four levee rehabilitation projects including the Southport Levee Improvement Project which amounts to a $210 million dollar investment; and WHEREAS, the West Sacramento Project received a New Start designation and the US Army Corps of engineers received federal appropriations for $25.4 million in 2022 and $72.3 million in appropriations in 2023 to design and construct further levee improvements; and WHEREAS, the West Sacramento Area Flood Control Agency completed design of the Yolo Bypass East Levee South Project in advance of federal funding; and WHEREAS, the Army Corps of Engineers awarded a contract and completed construction of the Yolo Bypass East Levee South Project this year; and
WHEREAS, the Army Corps of Engineers awarded a contract for construction of the Yolo Bypass East Levee North Project this year, which is expected to begin construction in 2024; and WHEREAS, the Army Corps of Engineers is presently in design for portions of the Sacramento River North Levee, north of the Stone Lock; and
WHEREAS, without substantial improvements to West Sacramento levees, area properties could suffer billions of dollars in structural and land damages if the city were to experience a large-scale flooding event; and
WHEREAS, During California Flood Preparedness Week, local, state and Federal agencies across the state work together to inform the public about the dangers of flooding, how to prepare their homes and families for a flood, and plan for recovery; and
NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of West Sacramento declares October 21 to 28, 2023 as California Flood Preparedness Week, and resolve to support increased public awareness about the threat of flooding and encourages all residents to take action to be prepared.

PROCLAIMED THIS 18th day of October 2023.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
11 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2023 ITEM # 5
SUBJECT:

CONSIDERATION OF APPROVAL OF AMENDMENT 2 TO THE ON-CALL CONTRACT

FOR SERVICES WITH CMD WEST-MAVERICK ALLIANCE COMPANY
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Fred Arnold, Sr. Program Manager, Real Property
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve Amendment 2 to the Contract for Services with CMD West-Maverick Alliance Company for on-call right of way acquisition services and property management services.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve Amendment 2 to the Contract for Services with CMD West-Maverick Alliance Company in the amount of $306,000 for on-call right of way acquisition services and property management services; and 2) Delegate authority to the City Manager or his designee to execute the contract amendment substantially in the form attached, issue notices to proceed (NTPs), approve amendments to the scope, and undertake any and all actions necessary to implement the contract.

BACKGROUND
In the course of implementing City infrastructure projects and other initiatives, staff engages in real property transactions which require professional right of way acquisition services. These transactions require a vast array of services including but not limited to, acquisition and relocation assistance, appraisal, appraisal review, environmental site assessment phases 1 and 2, escrow and title services, property management, and various real property permits. The Federal Uniform Acquisition, Relocation Assistance Advisory Services Act of 1970 (as amended), CFR 49, Part 24 and the State of California, Caltrans Right of Way Manual, define the procedures required for performing real property acquisition activities. The City, as a local agency, is responsible for assuring that real property activities are performed in accordance with the Federal, State and Local regulations, policy guidelines, and procedures.

On October 6, 2021, the City released a Request for Qualifications (RFQ) for on-call right of way (ROW) services and property management services. On November 8, 2021, a total of eight Statements of Qualifications (SOQ) were received. SOQs were received from Associated Right of Way Services, Inc. (ARWS); Bender Rosenthal, Inc. (BRI); CMD West-Maverick Alliance Company; Interwest Consulting Group; Monument ROW Inc.; Overland Pacific & Cutler, LLC (OPC); Paragon Partners Consultants, LLC. and Universal Field Services, Inc. On January 19, 2022, the City Council approved awarding three contracts total, each with a Not to Exceed (NTE) limit of $100,000, to accommodate the project needs within the City to CMD West-Maverick Alliance Company (CMD), Interwest Consulting Group, and Monument ROW, Inc.

ANALYSIS
Near the beginning of 2023, City staff contacted all three firms to determine which firm, if any of them, had the ability and capacity to provide appraisals and property management services for landscaping, security patrols, graffiti removal, repairs, maintenance, and debris removal for City properties. Staff found that CMD was the only firm that had the ability and capacity to provide these services for the Club Pheasant Restaurant, Stone Lock, and other City properties. On March 1, 2023, the City Council approved Amendment 1 to the Contract for services with CMD West-Maverick Alliance Company in the amount of $200,000. This action provided additional funds to provide these services. These funds are expected to be fully expended by October 31, 2023. Amendment 2 will add additional funds to the contract to continue these services, as needed. A Notice to Proceed (NTP) will be issued for each service requested, outlining the exact scope of work and schedule for each project. Based on the current monthly expenditures for the Stone Lock properties and Club Pheasant, staff anticipate that, if approved, Amendment 2 will provide sufficient spending authority to continue to provide property management services for those two properties for at least twelve additional months. 12 CMD West Amendment 2
October 18, 2023

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a)).

Commission Recommendation
Not applicable.

Strategic Plan Integration
This item facilitates implementation of two of the Council’s 2023 Policy Agenda priority items, “Pheasant Club Development” and “Community Investment Implementation”.

Alternatives
The Council’s primary alternatives are:
1) Approve the recommended actions as described above.
2) Defer approval and request staff return to the Council with additional information at a later date. Staff does not recommend this alternative as it would delay current project schedules. 3) Reject the recommended actions or direct staff to alter the project. Staff does not recommend this alternative because these services are necessary to preserve and protect the City’s real property assets. 4) Reject the proposed recommended action and direct staff to complete separate solicitations for each individual project. Staff does not recommend this alternative because it would require an excessive amount of staff time and cause delays.

Alternative 1 is recommended because it provides the services necessary to continue property management activities to preserve and protect the City’s real property assets.

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

Budget/Cost Impact
Funds for Club Pheasant’s property management services have been previously appropriated and expended out of the Economic Development & Housing Department’s O&M budget in the Measure G Fund (106-9020).

This will continue with the recommended action. Funds for the Stone Lock facility’s property management will be expended out of the special Stone Lock Maintenance Fund (261-9386). The current balance of that fund is sufficient to cover the property management services for the remainder of the fiscal year and beyond. It is anticipated that the NTPs for these two properties will utilize a majority of the capacity in Amendment 2 for the remaining term of the contract. However, staff is setting aside at least $50,000 in capacity for on-call real estate services. Those activities will be funded through existing CIP project budgets or the Capital Projects Department’s O&M budget for professional services. As such, there are no cost impacts of approving the attached Amendment 2.

ATTACHMENTS
1) CMD West-Maverick Alliance Company Amendment 2
13 Attachment 1
CMD West
MCO22-22 On-Call ROW Services
Expires 1/18/2025
AMENDMENT NO. 2
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
And

CMD WEST-MAVERICK ALLIANCE COMPANY
Dated January 19, 2022
This Amendment No. 2 to the Contract for Services between the City of West Sacramento and CMD West-Maverick Alliance Company dated January 19, 2022, is made and entered into this 18th day of October, 2023. Except as expressly amended herein, the January 19, 2022 Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City requires right-of-way acquisition services on an as-needed basis related to Capital Improvement projects; and
WHEREAS, the Consultant presented a proposal for such services to the City, dated November 8, 2021, and is duly licensed, qualified and experienced to perform those services; and
WHEREAS, additional services and locations are needed that were not included on the initial contract; and
WHEREAS, Amendment 1 was executed on March 1, 2023 to add services for Club Pheasant and Stone Lock; and
WHEREAS, additional scope and compensation is necessary to continue maintaining the properties; and
WHEREAS, the City and Consultant desire to amend said contract.

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

I. SCOPE:

The scope of services as set forth in the Contract for Services dated January 19,2022 and amended March 1, 2023 shall be revised to include the scope and fee as outlined in Exhibit A.

II. COMPENSATION:

The compensation as set forth in the Contract for Services dated January 19, 2022, shall be revised to include the following:

Compensation shall be increased by $306,000 and shall not exceed $606,000 without the City’s prior approval.

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

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager
14 Attachment 1
CMD West
MCO22-22 On-Call ROW Services
Expires 1/18/2025
CMD West-Maverick Alliance Company
By:

Conner McDonald, Principal

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
15 Attachment 1
CMD West
MCO22-22 On-Call ROW Services
Expires 1/18/2025
Exhibit A

SCOPE OF WORK
CMD West Maverick Alliance will provide an array of On-Call ROW services, including appraisal, Environmental Site Assessment (ESA) Phase 1, and property management. Property management services will include but aren’t limited to Club Pheasant restaurant located at 2525 Jefferson Blvd and the Stone Lock Facility located at 2041 South River Road.

Stone Lock: $156,000.

Services include landscape maintenance, security patrol, graffiti removal, repair, maintenance, and debris removal.

Club Pheasant: $100,000.

Services include landscape maintenance, security patrol, security alarm services, graffiti removal, pest control, repair, maintenance, and debris removal.

Unallocated: $50,000.

Additional services will be requested as needed for Citywide surplus property lot cleanup and property disposition for which a Notice to Proceed (NTP) will be issued for each service requested. The NTP shall outline the exact scope of work and schedule. 16 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2023 ITEM # 6
SUBJECT:

CONSIDERATION OF RESOLUTION 23-80 ACCEPTING PUBLIC IMPROVEMENTS COMPLETED FOR PARCEL MAP 5151
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Mark Collier, Principal Engineer
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this item is for the City Council to accept public improvements constructed as a requirement for approval of Parcel Map 5151.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-80, accepting the public improvements required of Parcel Map 5151.

BACKGROUND
Parcel Map 5151 and the associated Subdivision Improvement Agreement and Private Road Agreement were approved by Council on March 17, 2021. As a condition of approval of said map, a Subdivision Improvement Agreement (SIA) was executed which obligates the developer to complete all required public improvements necessary to serve the property. The required improvements include water, sanitary sewer, and storm drainage improvements located within the boundary of the Map and its frontage on Otis Avenue.

ANALYSIS
The required public improvements for Parcel Map 5151 have been completed to the satisfaction of the City Engineer and Community Development Department. Acceptance of the improvements will allow for the release of posted securities per the terms outlined in the applicable Subdivision Improvement Agreement.

Environmental Considerations
The Planning Commission found the tentative map to be compliant with CEQA at the time of its approval. No additional findings are required with acceptance of the public improvements.

Commission Recommendation
The Planning Commission conditionally approved Tentative Parcel Map 5151 on December 6, 2018.

Strategic Plan Integration
Acceptance of these improvements is consistent with the City Council’s Strategic Principles “Housing & Homelessness” providing housing options for everyone.

Alternatives
Council may choose not to accept the public improvements at this time.

Coordination and Review
The completion of the required improvements has been approved by the City Engineer and the Community Development Department.

Budget/Cost Impact
There is no known fiscal impact.

ATTACHMENTS
1) Resolution 23-80
2) Vicinity Map
17 RESOLUTION 23-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO FOR ACCEPTANCE OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 5151 WHEREAS, the City Council of the City of West Sacramento adopted Resolution 21-22 on March 17, 2021, approving the Parcel Map, Subdivision Improvement Agreement, and Private Road Agreement for Parcel Map 5151; and
WHEREAS, said Improvement Agreement required the completion of certain public improvements; and
WHEREAS, the City Community Development Department has determined that all required public improvements have been satisfactorily completed per City Standard Specifications; and
WHEREAS, the developer has requested that the completed improvements be accepted by the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Sacramento hereby accepts the public improvements completed as a requirement of Parcel Map 5151 and approves the release of associated securities as provided for in the applicable Subdivision Improvement Agreement.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this 18th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:
________________________________
Martha Guerrero, Mayor
ATTEST:
________________________________
Jennifer Cusmir, City Clerk
18 Attachment 2

VICINITY MAP
Marshall Road
Otis Avenue
Site
N
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2023 ITEM # 7
SUBJECT:

CONSIDERATION OF RESOLUTION 23-82 AUTHORIZING USE OF DEPARTMENT OF CANNABIS CONTROL RETAIL ACCESS GRANT FUNDS AND RESOLUTION 23-83

APPROVING RELATED BUDGET APPROPRIATIONS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
David Tilley, Principal Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with information needed to consider acceptance of a $235,000 grant from the Department of Cannabis Control for development and implementation of the City’s retail cannabis program including a social equity component.

RECOMMENDED ACTION
Staff respectfully recommends the Council:

1. Adopt resolution 23-82 authorizing the acceptance of the 2023 Department of Cannabis Control Retail Access Grant of $235,000; and

2. Adopt resolution 23-83 approving the appropriation of the grant funds awarded; and

3. Authorize the City Manager or designee to sign the grant agreement once received from the Department of Cannabis Control.

BACKGROUND
In April 2023, staff applied to the Department of Cannabis Control (DCC) Retail Access Grant program. The grant program provides local governments with resources to develop and implement cannabis retail licensing programs.

By supporting local governments in establishing cannabis retail licensing programs, this grant seeks to provide existing consumers with sufficient access to tested, regulated cannabis in the legal market, promoting consumer safety and reducing demand in the illicit market. As the City Council has highly prioritized the establishment of a retail cannabis program in the past two annual Strategic Priorities, and staff has been working on the policy program, the timing of this program was beneficial in funding program implementation. The City was notified in June that it was one of 16 jurisdictions across the state that were selected to receive the funds (see Attachment 1). West Sacramento was awarded a total of $235,000, since our program will also include an equity component.

ANALYSIS
The DCC grant will facilitate the ongoing development and implementation of the retail cannabis program by funding staff and consultants (if necessary). There is no local match requirement, and 80% of the funds will be dispersed by the DCC upon execution of the grant agreement. All necessary documents have been submitted to the DCC except for the implementing resolution (see Attachment 2). Having received this grant, the City will be eligible for additional grants from the DCC including funds that can be used to directly assist licensees.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change to the environment. (Pub. Resources Code, 21065; CEQA Guidelines 15600(c), 15378(a).

Commission Recommendation
Not applicable.

Strategic Plan Integration
This action furthers the City’s strategic principles regarding the promotion of a community that is “inclusive and diverse” and “local economic development”.

Alternatives
The Council’s alternatives are to either adopt the recommended action or it may choose not to authorize the acceptance of the grant award and related funding. 20
Resolutions 23-82 and 23-83 Accepting DCC Grant and Appropriating Funds October 18, 2023

Coordination and Review
This report was coordinated and reviewed by the Economic Development and Housing Department, Community Development, and Finance.

Budget/Cost Impact
The funding of $235,000 awarded through the DCC grant will be provided largely upfront with no local match requirement.

ATTACHMENTS

1. DCC Grant award

2. Resolution 23-82

3. Resolution 23-83
21 Gavin Newsom
Governor
Nicole Elliott
Director
Policy and Research Division • 2920 Kilgore Road, Rancho Cordova, CA 95670 844-61-CA-DCC (844-612-2322) • [email protected] • www.cannabis.ca.gov Business, Consumer Services
and Housing Agency
June 20, 2023
David Tilley
Principal Planner
Community Development Department
City of West Sacramento
Subject: Department of Cannabis Control Retail Access Grant Award Letter Notice Dear David Tilley:

The Department of Cannabis Control (DCC) is pleased to inform you that your proposal, application number LJRAGAPP23-014, has been selected for a Retail Access Grant Award.

Local Jurisdiction: City of West Sacramento
Award Total: $235,000
DCC has reviewed your application and determined that it meets the requirements and is consistent with the grant program guidelines. DCC is in the process of developing a grant agreement that will serve as the contract between DCC and the grant award recipient. DCC may reach out if additional information is needed to complete the agreement. The agreement will include a cover letter with actions your contracting office will need to take to execute the agreement.

If you have any questions, please contact the Policy and Research Division at [email protected].

Sincerely,
Jacqueline Campion
Deputy Director, Policy & Research
cc: Nicole Elliott, DCC Director
Rasha Salama, DCC Chief Deputy Director
Melissa Eidson, DCC Administration Deputy Director
Laura Barlow, DCC Branch Chief, Operations
22 Gavin Newsom
Governor
Nicole Elliott
Director
Policy and Research Division • 2920 Kilgore Road, Rancho Cordova, CA 95670 844-61-CA-DCC (844-612-2322) • [email protected] • www.cannabis.ca.gov Business, Consumer Services
and Housing Agency
Marie Marcellana, DCC Procurement Section Manager
Devin Gray, DCC Policy and Research Specialist
Sara Banchero, DCC Grants Manager
23 RESOLUTION 23-82

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

AUTHORIZING THE STATE OF CALIFORNIA LOCAL JURISDICTION CANNABIS RETAIL

ACCESS GRANT PROGRAM FUNDING
WHEREAS, the California Legislature has appropriated funds for award by the California Department of Cannabis Control to eligible local jurisdictions to develop and implement a cannabis retailer licensing program;
WHEREAS, City Council has a plan to develop and implement a program to issue permits to commercial cannabis retail businesses;
WHEREAS, City Council has determined that it will use grant funds from the Department of Cannabis Control to establish a local cannabis retailer licensing program as described in its application for grant funds.

NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of West Sacramento is authorized to execute by electronic signature on behalf of City Council the grant agreement with the Department of Cannabis Control, including any extensions or amendments thereof and any subsequent grant agreement with Department of Cannabis Control in relation thereto.

BE IT FURTHER RESOLVED that the City Council agrees to abide by the terms and conditions of the Grant Agreement as set forth by the Department of Cannabis Control.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of West Sacramento this 18th day of October, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Martha Guerrero, Mayor
ATTEST:
____________________________
Jennifer Cusmir, City Clerk
24 RESOLUTION 23-83

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

APPROVING THE APPROPRIATION OF DEPARTMENT OF CANNABIS CONTROL

RETAIL ACCESS GRANT FUNDS
WHEREAS, in April 2023 the City applied for a Department of Cannabis Control Retail Access Grant to support the development and implementation of the City’s retail cannabis program; and
WHEREAS, in June 2023 the City was awarded Department of Cannabis Control Retail Access grant funds in the amount of $235,000 for staff and consultant expenses incurred in the development and implementation of a retail cannabis program including a social equity component; and
WHEREAS, the grant funds awarded to the City by the Department of Cannabis Control will assist the development and implementation of a retail cannabis program that will be a robust and equitable economic development initiative.

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

1. The City Council of the City of West Sacramento authorizes the acceptance of the Department of Cannabis Control grant.

2. The City Council of the City of West Sacramento hereby approves the appropriation of the grant funds awarded.

SOURCES
$235,000 253-9202-4440 DCC Retail Access Grant Revenue
USES
$235,000 253-9202-5259 DCC Retail Access Grant Expense

3. The City Council of the City of West Sacramento authorizes the City Manager or Designee to sign the acceptance paperwork associated with the grants.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this 18th day of October 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
25 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2023 ITEM # 8
SUBJECT:

CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-8

AMENDING THE WEST SACRAMENTO MUNICIPAL CODE TO MEMORIALIZE THE COUNCIL’S ONE CITY GOVERNANCE FRAMEWORK
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[X] Council [ ] Staff
[ ] Other
Jon Robinson, Deputy City Manager
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
This report requests that the Council consider second reading and adoption of Ordinance 23-8, which would amend Section 2.16 of the West Sacramento Municipal Code to add language embodying the Council’s One City governance framework.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council waive second reading and adopt Ordinance 23-8 amending Section 2.16 of the West Sacramento Municipal Code to include the Council’s One City governance framework.

BACKGROUND
West Sacramento’s incorporation was made possible by residents of Bryte, Broderick and West Sacramento uniting and working together to seek a better shared future. Today, that vision of West Sacramento as a single city comprised of distinct, vibrant neighborhoods is still the source of the City’s strength. As the City’s electoral system transitions to a district-based model, the key to maximizing the benefit of this election format is to create conditions that encourage an appropriate level of focus on district priorities, while retaining a sense of community and attentiveness to the broader issues affecting the entire city.

While having the Mayor elected at-large will help maintain a balance in city-wide and district perspectives, staff believes this goal could be even better served if the Council adopted a conceptual framework that embodied its city-wide perspective for governance. The City’s transition to district-based elections represents a unique opportunity to institutionalize a One City vision which reflects the big-picture governance philosophy that has helped guide West Sacramento’s meteoric rise in regional prominence, while also appreciating the potential for varying priorities among residents of different districts.

At the Council’s strategic planning meeting in February 2023, staff presented the Council with a set of principles intended to embody the One City vision. The Council discussed those ideas and directed staff to return with a staff report to facilitate its public consideration and adoption of this framework. On September 27, 2023, the Council unanimously approved the first reading of Ordinance 23-8.

ANALYSIS
This Council is in the unique position of being both stewards of West Sacramento’s tradition of visionary governance, and the first Council to lead in the context of a district-based electoral structure. This singular moment in history presents the Council with an opportunity to examine the unspoken governance principles that helped the City achieve its amazing growth and progress since incorporation, and intentionally weave those into a governance philosophy that will reflect the community’s values, and magnify the benefits of its new electoral system. By taking the One City perspective exhibited by multiple previous Councils and superimposing that onto its new district-based system, this City Council can institutionalize a governance philosophy that embodies a commitment to both city-wide and district-specific issues.

The One City vision is predicated on the simple, yet powerful, concept that West Sacramento’s strength lies in its unity. It follows that if the city became less united, it would also become weaker and less effective. But if the Council can put increased focus on localized resident concerns while maintaining its historic, city-wide perspective, the community becomes even stronger. The One City vision is intended to facilitate this balanced approach to governance by serving as a guide for this and future City Councils. 26 Ordinance 23-8
October 18, 2023

At the Council’s strategic planning meeting, staff recommended the following governance principles as part of the Council’s One City philosophy:

Elect by Districts, Govern in the Interest of All Residents Elected officials in jurisdictions with districts are free to govern with a big picture mentality that takes into consideration the needs of the entire community, in addition to those of residents in their own district. This philosophy does not impair Councilmembers from attending to the specific needs of the residents of the district that elected them; in fact, a closer, more focused relationship with the electorate is one of the key benefits of district elections, and one that the Council and community embrace. However, an overt commitment to retaining a big picture view while serving district constituents offers the potential for the Council to maximize the net benefit of a district-based system with an at-large elected Mayor.

Any Resident Can Communicate Concerns to Any Councilmember As the City transitions to district-based elections, residents may naturally begin to focus on approaching “their” Councilmember with issues affecting their district. But a One City governance philosophy would institutionalize the practice where the entire Council continues to also be accessible to residents from any part of the community. This mutual accessibility would promote a desirable big picture awareness among Councilmembers, without detracting in any way from their ability to attend to in-district concerns. This approach would also encourage residents and representatives from different parts of the city to tackle issues together, helping residents develop a broader view of issues outside their district, and avoiding barriers between residents and representatives from different parts of the city.

Avoid Fostering Division
Promoting unity requires conscious effort. To that end, the proposed Municipal Code amendment encourages Councilmembers to govern in a manner that avoids divisive language and actions. Naturally, this does not preclude disagreement, discussion, and debate among Councilmembers, as sometimes the best policy decisions are the result of just such vigorous conversations. However, this principle does suggest that all such discussions occur within a respectful context in which all parties have the entire city’s needs front-of-mind.

Council-Manager Form of Government
Ordinance 23-8 includes a reminder that the City of West Sacramento operates legally under a CouncilManager form of government, in which the City Manager is responsible for administering the policies that are promulgated by the entire City Council, as opposed to individual Council members. While the current Council fully embraces this concept, the proposed language will serve as a guardrail to encourage future Councilmembers to seek consensus from their colleagues and rely on the City Manager for implementation, rather than independently attempting to effectuate policy changes for their district.

Current Practices Regarding Invitations to Community Events, etc. to Continue The City’s current practice of inviting the entire Council to events of interest in any part of the community promotes awareness of citywide issues and helps demonstrate to residents that the entire Council cares about their needs. This system has worked well historically and is all the more important to continue in the context of district-based elections. Therefore, language to this effect is included in Ordinance 23-8.

Best Management Practices and Resource Allocations
Institutionalizing a big-picture view of City policy and budgetary planning will allow West Sacramento to retain the vision and strategic perspective that has helped make it great, while fully embracing the neighborhood-focused benefits that the district-based election system facilitates. To this end, Ordinance 23-8 contains language reminding future Councils that even resource allocation decisions that primarily affect one district must be approved by the entire Council.

City-wide Budgeting
The City’s revenue sources are spread throughout the community, and there is no inherent connection between where revenue is generated and where it is needed and expended. The City’s budget has historically been allocated based on areas of greatest need, keeping in mind the good of the entire community. Through a city-wide budget allocation based on Council priorities, the resource needs of the districts would continue to be considered by the full Council as part of the budget allocation and prioritization needs of the whole community.
27 Ordinance 23-8
October 18, 2023

Governmental Relations
As has been the historic practice, the City should endeavor to speak with one voice when interacting with other local jurisdictions, state or federal executive branch agencies, and the City’s state and federal elected officials. This helps avoid misunderstandings and duplicative effort, while reinforcing the City’s hard-earned reputation for organizational maturity and sophistication. To that end, if Councilmembers need to interact with any of these entities in their City capacity, that outreach should be coordinated through the City Manager’s Office, and to the extent possible, any resultant actions (tours, meetings, etc.) should be organized to include City-wide concerns rather than solely those of an individual district.

Relevance to Strategic Plan
Strategic planning has been central to the City’s ability to “punch above its weight” and undertake large, long-term endeavors that are beyond the means of many jurisdictions of similar size. Articulating that City spending decisions must align with the Council’s adopted strategic plan will help prolong the Council’s long history of fiscal discipline and strategic focus.

Each of the principles contained in Ordinance 23-8 articulates governance practices that are already being implemented by the City Council, which might cause some to question why the proposed Municipal Code change is needed at all. Quite simply, any idea has a better chance of surviving over the years if it is committed to writing.

This effect is amplified by memorializing the idea in a context, such as the Municipal Code, that requires a public hearing and majority vote of the Council to amend or modify.

West Sacramento’s renaissance following its incorporation has been made possible by successive Councils’ commitment to good governance principles, and to balancing local and city-wide resident needs. By memorializing its One City vision in the Municipal Code, this Council has the opportunity to make continued good governance a part of its legacy.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
N/A
Strategic Plan Integration
The recommended action effectuates the Council’s 2023 Policy Agenda priority, “Formalizing a ‘One City’ Governance Principle.”
Alternatives
The Council’s primary alternatives are summarized below:

1. Staff respectfully recommends that the City Council waive second reading and adopt Ordinance 23-8 amending Section 2.16 of the West Sacramento Municipal Code to include the Council’s One City governance framework.

2. Direct staff to incorporate the One City language into a different format, such as the City Council’s handbook, rather than the proposed Ordinance.

3. Direct staff to make specific changes to Ordinance 23-8 and bring it back for Council consideration at a future meeting.

4. Direct staff to discontinue work on the One City concept.

Alternative 1 is staff’s recommended action. Staff is prepared to effectuate any of the other options at the Council’s direction. However, as noted earlier, this Council is uniquely situated to articulate a vision of this kind, so should the Council choose not to move forward at this time, it may be more difficult to build consensus around a similar approach in the future.

Coordination and Review
This report was prepared by the City Manager’s Office, in consultation with the City Attorney.

Budget/Cost Impact
The recommended action will not have a budget or cost impact.

ATTACHMENT

1. Ordinance 23-8
28 Attachment 1
ORDINANCE 23-8

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF WEST SACRAMENTO
ADDING SECTION 2.16.030 TO CHAPTER 2 OF THE WEST SACRAMENTO MUNICIPAL CODE
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of this Ordinance is to amend Chapter 2 of the West Sacramento Municpal Code to add a provision establishing principals of governance.

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

2.16.030 General Principles of Governance
The West Sacramento voted to transition to district-based elections in 2022 in order to assure that communities of interest throughout the City have the opportunity to elect their candidates of choice. While this change will bring a renewed focus on neighborhood priorities, it is not intended to fundamentally alter the City’s long-standing commitment to strategic governance that focuses on the good of all West Sacramentans, or to the Council-Manager form of government and related best management practices. This section outlines key governance principles that the Council intends to continue going forward.

A. One City Principle
The One City Principle is that West Sacramento’s strength lies in its unity. While acknowledging and serving the diverse needs of individual communities, Councilmembers will govern strategically, in the interests of all West Sacramento residents, regardless of the district from which they were elected.

1. Council districts are a construct that relates solely to the City’s Council elections process. City Council members are elected by district to serve the entire community.

2. Any resident can submit a concern to any Councilmember, without regard to the district that elected that Councilmember.

3. Councilmembers will serve their constituents in a manner that promotes unity, and avoid language or actions that foster divisions or rivalries between residents and elected officials in different Council districts.

B. Council-Manager Form of Government

1. The City of West Sacramento operates under the Council-Manager form of government, which means that the City Manager is responsible for administering the policies that are promulgated by the City Council, as opposed to individual Council members.
29 Ordinance 23-8

2. Historic practices regarding inviting all Councilmembers to community events throughout the City shall continue as a means of reinforcing connections between Councilmembers and the entire community.

3. Resource allocation decisions, appointments, policy changes, or other City actions that historically would have required direction from the Council will still be approved by the entire Council, even if they primarily affect only one district.

4. The City’s operations and capital budgets shall continue to be allocated on a line item and/or project basis for expenditure city-wide based on Council priorities and shall not be allocated on a district basis for budgeting by individual Council members.

5. All City-related interactions with other local jurisdictions, state and federal executive branch agencies, and state and federal elected officials will be coordinated through the City Manager’s Office and will focus whenever possible on the interests of the City as a whole, rather than those of any single district.

6. Budget requests must demonstrate relevance to the City Council’s strategic plan.

Section 3. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Section 4. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this day of , 20 , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST: Approved as to form:

Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney 30 Ordinance 23-8

CODIFY X UNCODIFY
31 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2023 ITEM # 9
SUBJECT:

CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 23-10

BANNING WEAPONS FROM CITY FACILITIES
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jon Robinson, Deputy City Manager
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
This report requests that the Council consider second reading and adoption of Ordinance 23-10, which would ban weapons from City facilities.

RECOMMENDED ACTION
Staff respectfully requests that the City Council waive second reading and adopt Ordinance 23-10, which would create an ongoing ban on weapons in City facilities.

BACKGROUND
Over the years, the City has made multiple adjustments to its security procedures in order to assure that the City’s facilities are a safe environment for residents to interact with City staff and elected officials, and participate in the City’s civic life. When the City was first incorporated, Council meetings were held with no security measures at all. When the City began having meetings at the current City Hall in 2002, a police officer was assigned to each Council meeting to serve as Sargeant at Arms. In 2008, the City hired a security firm to have staff on site during Council and commission meetings.

To staff’s knowledge, each of these adjustments was made not based on a specific concern or threat, but rather in an effort to assure that the City was doing everything reasonably possible to make its facilities safe, in the context of the then-current security environment. Today, technological advances have made possible another improvement to the security of the City’s civic spaces. On September 27, the Council approved an appropriation to purchase an advanced weapon detecting device, and, in a separate item, approved a new administrative policy along with the first reading of Ordinance 23-10, both banning weapons from City facilities.

ANALYSIS
Subject to some exceptions, California Penal Code Section 171(b) already makes it a criminal offense to carry firearms or other weapons (as defined in the statute) into local government buildings. However, California Penal Code Section 171b provides an exception for individuals with concealed weapons permits under California law.

Therefore, certain individuals can carry weapons into City facilities under existing law. Historically, the City has had no means to detect weapons that were being carried on the person of visitors to City facilities. Prior to September 27, the City had no policy specifically banning members of the public from bringing weapons into City facilities. On September 27, the Council approved Administrative Policy I-B-7, which does bar weapons from City facilities, along with the first reading of Ordinance 23-10, which has the same purpose. Prior to tonight, Administrative Policy I-B-7 was circulated to the City’s bargaining units for review, and the policy was accepted with no issues or concerns from all units that have responded to date. By adopting Ordinance 23-10 this evening, the Council can strengthen the legal basis for Police and contracted security personnel to exclude armed persons from City buildings.

The Evolv weapons detection system being purchased by the West Sacramento Police Department is very sophisticated, and can non-invasively detect firearms, knives and other weapons. However, to be effective, this device must be paired with a policy and legal framework that allows the City to deny entry to persons found to be carrying such weapons.

Ordinance 23-10 and newly approved Administrative Policy I-B-7 reflect a measured, common-sense approach to protecting resident safety within City facilities. The weapons detector to be installed is safe, non- invasive, and does not create any privacy issues for persons passing through the device. Persons who are not able to demonstrate that they are not carrying a weapon can simply leave the facility and return to gain entry when they are unarmed.
32 Second Reading Ordinance 23-10
October 18, 2023

The ability to move and speak freely in public meeting spaces is central to the City’s democratic governance, and to the transparency and community engagement that are among the Council’s highest priorities. Taking reasonable measures to exclude weapons from City facilities will help preserve a healthy civic life for all residents, so staff requests the Council’s favorable consideration of its recommended action.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
N/A
Strategic Plan Integration
The actions recommended in this report support the Council’s 2023 Strategic Principle of “Core Services and Infrastructure,” which includes making West Sacramento a city in which … “everyone feels safe and secure.” Alternatives
The Council’s primary alternatives are summarized below:

1. Waive second reading and adopt Ordinance 23-10, which would create an ongoing ban on weapons in City facilities;

2. Decline to adopt Ordinance 23-10, and direct staff to return at a future meeting with revised recommendations;

3. Decline to adopt Ordinance 23-10, and direct staff not to return with revised recommendations.

Alternative 1 is staff’s recommended action. Staff is prepared to implement Alternative 2 at the Council’s direction; however, it should be noted that if material changes are made to Ordinance 23-10, it will require a new first reading, which will delay its effective date. Staff does not recommend Alternative 3, because an ordinance provides a stronger legal basis than a policy for banning weapons from City facilities.

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

Budget/Cost Impact
The specific actions recommended in this staff report do not have budget or cost impacts.

ATTACHMENT

1. Ordinance 23-10
33 2417833.2 7203.001 1
ORDINANCE 23-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

BANNING WEAPONS IN SENSITIVE PLACES
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of this ordinance is to add Chapter

2.44 to the Municipal Code. The City Council enacts this ordinance in accordance with the authority granted to cities by the California Constitution and state law.

Section 2. Additions. Chapter 2.44 is hereby added to the West Sacramento Municipal Code, to read as follows:

Chapter 2.44. Prohibition on Possession of Weapons in City Facilities

2.44.010. Weapons Prohibited.

Except as permitted by Section 2.44.030, no person may carry a weapon in any Sensitive Place. This prohibition expressly applies to those in attendance at any meeting of the City Council, meetings of any City Commission or Committee, and meetings of other governmental bodies held in City Facilities.

2.44.020. Definitions.

As used in this chapter:

A. "City Facilities" means buildings owned or operated by the City of West Sacramento.

B. "Sensitive Place(s)" shall mean City Facilities and any polling place during polling.

C. "Weapon" means any of the following:

1. A firearm;

2. A deadly weapon described in California Penal Code section 17235;

3. A knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands; or

4. An instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paintball gun.

2.44.030. Exceptions.

Section 2.44.010 shall not apply to, or affect, any of the following:

A. A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the California Penal Code.

B. A person who has permission to possess the weapon in a sensitive place granted in writing by the City Manager or designee.
34 2417833.2 7203.001 2
C. A person hired by the City to act as an armed security guard during the time in which he or she is working in that capacity.

2.44.040. Use of Weapons Detection System.

The City may utilize a weapons detection system, such as a metal detector, in order to ensure compliance with this Ordinance. The City may adopt a policy which sets out the procedures for use of the weapons detection system as it deems appropriate.

2.44.050. Signage
Appropriate signage shall be placed at or near the entrances to Sensitive Places indicating that weapons are prohibited within such places and citing to this Ordinance and any policy adopted hereunder.

Section 3. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Section 4. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this day of , 20 , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST: Approved as to form:

Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY _ X UNCODIFY
35 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2023 ITEM # 10
SUBJECT:

CONSIDERATION OF CITY OF WEST SACRAMENTO JOINING

THE YOLO ANIMAL SERVICES PLANNING AGENCY JOINT POWERS AGENCY AND

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

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information needed to approve the City of West Sacramento joining the Yolo Animal Services Planning Agency JPA and to make an appointment for a member of the City Council to represent West Sacramento.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
(1) Authorize the Mayor or her designee to approve the City joining the Yolo Animal Services Planning Agency JPA and authorize the City Manager to take any actions necessary to effectuate the joining of the JPA; and
(2) Appoint a City Council member to serve as a West Sacramento representative to the JPA.

BACKGROUND
In 2013, a Yolo County Local Agency Formation Commission (LAFCo) and UC Davis Koret Shelter Medicine Program study found the Yolo County Animal Shelter to be “inadequate, outdated and compromising the program’s ability to adequately serve the community.” Additionally, it identified the establishment of an Animal Shelter Joint Powers Agency (JPA) as a means to provide participating jurisdictions with increased control over budget and operational decision making.

In the Fall of 2018, representatives of the County, cities of Davis, Woodland, Winters, and West Sacramento, and UC Davis (“Animal Shelter Working Group”) held two joint meetings to gather information on the status of the Yolo County Animal Shelter and determine next steps for action. The recommendation from these meetings was for each jurisdiction’s governing board to approve moving forward with the first phase of JPA development, and to receive a check-in from staff at each transition point in the phases. The suggested phases of JPA development included:

Governance Model: Outlining the charge, scope and governance structure of the JPA, including powers, membership, bylaws and voting structure.

Strategic Planning: JPA Initial Formation/Planning (Develop shared vision, mission, goals, objectives and strategic plan).

JPA Operational Model: This phase assumes the JPA Board successfully completes the Strategic Planning phase and continues to move forward. Here, the JPA would consider operational models, staffing, and program options; allowing for updated financial projections before moving forward to consider facility options.

On September 19, 2019, the Animal Shelter Working Group met to discuss the governance structure. The County and four cities, in consultation with UC Davis, ultimately agreed to continue to move forward with the initial formation of a JPA that includes “on” and “off-ramps” for agencies to leave the agreement or buy-in at a later date. At its formation, the cities of Woodland, Winters, and Davis joined the JPA, along with Yolo County; West Sacramento did not join at the time.

The Animal Shelter Working Group participants agreed that the JPA start as a planning agency only, and that the operational and program options be studied first, before proceeding to consideration of facility options.

There are no preconceived plans regarding any type of program model, facility or otherwise. The goal of 36 Animal Services JPA Appointment
October 18, 2023

establishing the working group was to provide an increased role for participating agencies in policy decisions that impact operating costs of the existing program, as well as to explore options for construction of a new animal shelter. Currently, West Sacramento City staff attends the JPA meetings (but is not a voting member) and participates in a staff working group that meets monthly. At the August JPA meeting, Yolo County Staff were directed to send a letter to the City of West Sacramento formally asking for the City to join the JPA as a voting member; this letter was received in September and is included as Attachment 2.

ANALYSIS
The JPA agreement (Attachment 1) became effective on the date upon which the cities of Davis, Winters, Woodland and the County separately approved it (Spring 2020). Due, in part, to uncertainty around the direction of the planning JPA and the financial implications of those decisions, the City of West Sacramento decided at the time to not join as a formal voting member, but rather participate at the staff level. The JPA working group anticipated this uncertainty and felt it important to proceed with the aforementioned cities joining and to leave on ramps should the City of West Sacramento choose to formally join at a later time. In addition, UC Davis and Yocha Dehe Tribal government have been provided the JPA and a status update, though have chosen not to join at this point. Given the passage of time and having participated in the JPA meetings at the staff level, after receiving the letter from the JPA, staff is recommending the City join the JPA and appoint a West Sacramento representative to the JPA.

Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
The City Council’s primary alternatives are summarized below:
1) Approve joining the City joining the Animal Services Planning Agency JPA. and appoint a member of the City Council to represent the City on the JPA
2) Choose not to joining the City joining the Animal Services Planning Agency JPA. and appoint a member of the City Council to represent the City on the JPA and instead direct staff to continue to participate on behalf of the City of West Sacramento.

Alternative 1 is staff’s recommendation. Staff is prepared to effectuate alternative 2 at Council’s direction.

Coordination and Review
N/A
Budget/Cost Impact
There is no direct fiscal impact as a result of the staff recommendation.

ATTACHMENTS
1) Animal Services Planning Agency (JPA) agreement
2) Letter from JPA
37 Page | 1
Agreement Between the County of Yolo and the Cities of Davis, Winters, and Woodland Creating the
Yolo Animal Services Planning Agency Joint Powers Authority THIS AGREEMENT (“Agreement”) is entered into this _____ day of ______________, 2020 by and between the County of Yolo and the Cities of Davis, Winters, and Woodland (each individually a “Member” and referred to collectively as the “Members”) to create the Yolo Animal Services Planning Agency as a joint powers agency under California Government Code Section 6500 et seq.

RECITALS
WHEREAS, Government Code Sections 6500-6515, permitting two or more local public entities by agreement to jointly exercise any power common to them, authorizes the Members to enter into this Agreement; and
WHEREAS, the County of Yolo (“County”) currently operates an animal shelter and associated animal services program to house and care for a variety of dogs, cats, and other animals that are lost, abandoned, or otherwise in need of shelter services; and WHEREAS, each of the Cities contracts with the County for animal control and shelter services within its jurisdictional boundaries, but currently lacks a formal governance role in animal services shelter management and operations; and
WHEREAS, the Members collectively desire to create a new governance structure so as to explore future operational options for alternative provision of animal services in a coordinated manner that affords each Member a substantial role; and WHEREAS, the Members enter into this Agreement to create the Yolo Animal Services Planning Agency as a joint powers agency for the purposes set forth above; NOW, THEREFORE, in consideration of the foregoing recitals, the parties hereby agree as follows:

AGREEMENT

1. Creation of Yolo Animal Services Planning Agency. Pursuant to Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500), as amended from time to time (the “JPA Law”), the Members hereby establish the Yolo Animal Services Planning Agency (hereinafter, the “Agency”) as a joint powers agency separate from each of its Members.

As authorized by Government Code Section6508.1, the assets, debts, liabilities, and obligations of the Agency shall not constitute assets, debts, liabilities, or obligations of any Member. However, a Member may separately contribute assets to and contract for, or assume responsibility for, specific debts, liabilities, or obligations of the Agency. Within 30 days after the Agreement No. 20-28
25th February
38 Page | 2
Effective Date, as defined in Section 5, below, the County Administrator shall cause a notice of this Agreement to be prepared and filed with respect to the Agency with the office of the Secretary of State in the manner set forth in Government Code Section 6503.5.

2. Parties to this Agreement. Each Member is a public agency under Government Code Section 6500 and may contract with the other Members to create a joint exercise of powers agency for the purposes set forth in Section 3, below. Each Member also certifies that the withdrawal or other removal of any Member from this Agreement does not affect this Agreement nor each remaining Member’s intent to contract with the other Members then remaining for the purposes set forth herein.

3. Purpose. The purpose of this Agreement is to establish the Agency and provide authority to carry out the following planning tasks and actions:
(a) To establish a JPA governance structure, including the development of a shared vision, mission, and goals.
(b) To explore operational models, staffing and program options related to the provision of animal services in Yolo County.
(c) To conduct or provide guidance regarding related public outreach. (d) If the Members so choose, to consider the development of a subsequent JPA with the intent of instituting an operational model that may include the development of a shelter facility and make recommendations regarding governance models for shelter construction, management, and/or operations.

4. Powers. The Agency shall have all powers granted to joint powers agencies in Articles 2 and 4 of the JPA Law. Additionally, the Agency is authorized, in its own name, to exercise all powers and carry out all acts necessary to fulfill the purposes of the Agency as set forth in the Recitals and Section 3, above, including but not limited to the following:
(a) To make and enter into contracts;
(b) To receive contributions and donations of property, funds, services and other forms of assistance from any source;
(c) To sue and be sued in its own name;
(d) To recruit and coordinate work by volunteers, contract with consultants, contractors, and agents; and
(e) To receive, collect, invest and disburse moneys.

Further, although the Agency is expected to exercise only limited powers and, as of the date of this Agreement, is not anticipated to have its own funds, assets, contracts, or debts 39 Page | 3
or liabilities, the Members nonetheless authorize it to exercise all of the following powers if circumstances so require:
(f) Incur debts, liabilities and obligations; provided that no debt, liability or obligation of the Agency is a debt, liability or obligation of any Member except as separately agreed to by a Member agreeing to be so obligated;
(g) Acquire, hold, construct, manage, maintain, sell or otherwise dispose of real and personal property by appropriate means;
(h) To hire and maintain its own employees; and
(i) To lease real or personal property as lessee and as lessor; As provided in Government Code Section 6509, all of the foregoing powers shall be exercised subject only to such restrictions upon the manner of exercising such power as are imposed upon the County in the exercise of similar powers.

5. Effective Date; Term. This Agreement shall become effective on the date on which the last of the Members approves execution of the Agreement through the formal action of its governing body. This Agreement shall continue in effect until lawfully terminated as provided herein.

6. Board of Directors. The Agency shall be administered by a Board of Directors.

The Board may adopt Bylaws on matters covered by this Agreement and on any other issues as may be necessary or useful to the conduct of its affairs. The Board shall exercise all powers and conduct all business of the Agency, either directly or by delegation except to the extent prohibited by this Agreement, by applicable law, or by its duly adopted Bylaws. Other specific terms and conditions relating to the Board of Directors are as follows:
(a) Directors. The Board is comprised of four voting members and an equal number of alternates, with one director and one alternate appointed by the governing body each Member. Each Member-appointed director and alternate shall be elected officials of the governing body of the Member. All subsequent references to a “Director” in this Agreement shall be deemed to include the appointed alternate.

The Board shall adopt and maintain a conflict of interest code pursuant to state law.

To adhere to the regulations of the Fair Political Practices Commission (Title 2, Division 6, California Code of Regulations), each Director shall file with the Authority the required FPPC forms upon assuming office, during office, and upon termination of office.
(b) Term. Each Director shall serve a term defined in length by the governing body of the appointing Member in its sole discretion. There are no term or other limits for Directors appointed by individual Members, but Board membership shall 40 Page | 4
automatically terminate upon the end of a Director’s service on the governing body of the appointing Member. Any vacancy in a Member’s Director position shall be filled by its governing body, subject to the provisions of this Agreement. (c) Compensation. Directors are not entitled to compensation, reimbursement of expenses, or other remuneration of any type from the Agency. This does not limit or in any way preclude a Director from receiving reimbursement of expenses or other compensation by the appointing Member.
(d) Officers. The Board of Directors shall, at its first meeting and periodically thereafter as may be specified in its Bylaws or otherwise agreed upon, elect a Chair and Vice-Chair by majority vote. The Chair and Vice-Chair shall coordinate with the Secretary to set meeting agendas and shall also have the duties set forth in any adopted Bylaws of the Agency. If either the Chair or Vice-Chair ceases to be a Director, the resulting vacancy will be filled at the next meeting of the Board.

The Secretary of the Agency shall be the County Administrator or his or her designee until such time as the Board may appoint a replacement. The Secretary shall keep the records of the Agency, shall act as the Secretary at the meetings of the Board of Directors, shall keep a record of the proceedings of the Agency, and shall perform all duties incidental to the office.

The Financial Officer of the Agency shall be the Chief Financial Officer of the County or his or her designee until such time as the Board may appoint a replacement. The Financial Officer shall be the treasurer and controller of the Agency and shall have the powers, duties, and responsibilities specified in Government Code Section 6505.5. Subject to the applicable provisions of any resolution, indenture or other instrument or proceeding authorizing or securing bonds providing for a trustee or other fiscal agent, the Financial Officer is designated the depository of the Agency to have custody of all its monies from whatever source derived. The Financial Officer is designated as the public officer or person who has charge of, handles, or has access to any property of the Agency, and as such (if the Agency owns or possesses property and funds with an aggregate valued exceeding $1,500) shall file an official bond with the Secretary of the Agency in the amount determined to be necessary pursuant to Government Code Section 6505.1.

Unless the Board of Directors elects to retain other counsel for general legal matters, the County Counsel or his or her designee shall be the General Counsel to the Agency. Nothing in this Agreement constrains the authority of the County Counsel to decline to provide legal services to the Agency, either on individual matters or altogether. The Board of Directors or the Executive Director, subject to any limits on his or her contracting authority, may also contract with a private law firm for specialized legal services or for legal services generally in the event the County Counsel declines to provide representation.
41 Page | 5
The Board of Directors has the power to appoint other officers and employees as it may deem necessary and to retain independent counsel, consultants, and accounts.

7. Meetings. The Board of Directors shall provide for its regular meetings in accordance with the calendar of regular meetings adopted by the Board annually. It shall hold at least one regular meeting each year. The date, hour, and place of the holding of the regular meetings shall be specified in any adopted Bylaws or set pursuant to a calendar of meetings adopted by the Board; provided, however, that if the Chair determines there is no business to transact at such meeting, it shall be cancelled. Other meetings, including special and emergency meetings, may be called in accordance with the Ralph M. Brown Act (California Government Code Sections 54950-54963). All meetings shall be conducted in accordance with the provisions of the Brown Act.
(a) Quorum. A majority of the members of the Board of Directors shall constitute a quorum for the transaction of business. Each Director shall have one vote; an alternate Director shall have no votes if the Director is present. All actions of the Board shall require a minimum of three affirmative votes. (b) Minutes. The Secretary shall cause to be kept minutes of all meetings of the Board of Directors and shall, as soon as possible after each meeting, cause a copy of the adopted minutes from any prior meeting(s) to be forwarded to each member of the Board.
(c) Closed Sessions. Closed sessions of the Board shall be confidential. However, confidential information from closed sessions may be disclosed to Members as permitted by Government Code Section 54956.96. The Board may include provisions in its Bylaws to implement this Section.

8. Executive Director; Staff. It is anticipated that the Board shall initially be staffed by the County Administrator’s Office. The Board of Directors may, however, appoint an Executive Director to implement policy, manage personnel, develop programs, and otherwise conduct the day-to-day business of the Agency. The Executive Director will carry out decisions of the Board of Directors, meet the strategic goals of Board in an efficient and cost-effective manner, and be accountable for interacting with the public, each Member, and other local, state, and federal agencies. The Executive Director position is at-will and shall serve at the pleasure of the Board of Directors.

The Executive Director shall retain and employ such staff as may be reasonably required for the conduct of agency affairs pursuant to this Agreement, the direction of the Board, and other relevant authorities.

9. Accounts and Records. All accounts, financial records, budgets, and other fiscal matters shall be governed by the JPA Law, Bylaws adopted by the Board of Directors establishing contracting and other fiscal policies, and other applicable federal and state laws, regulations, and 42 Page | 6
policies. Except to the extent that any of the foregoing authorities may provide otherwise, the following terms and conditions all apply to financial matters:
(a) Fiscal Year. Unless and until changed by resolution of the Board, the fiscal year of the Agency shall be the period from July 1 of each year to and including the following June 30, except for the first fiscal year which shall be the period from the date of this Agreement to the following June 30.
(b) Budget: The Board of Directors shall adopt an operating budget at its first meeting for the remainder of the initial fiscal year and, subsequently, shall adopt its annual budget not less than 60 days prior to the beginning of each successive fiscal year.

The requirements of this section shall not apply during any periods when the Agency does not maintain any funds or accounts and does not otherwise have an existing or anticipated need to take action on matters typically included in a local agency budget.
(c) Funds and Accounts. As necessary, the Agency shall establish and maintain such funds and accounts as may be required by Generally Accepted Accounting Principles, or by any provision of law or any resolution or Bylaw of the Board of Directors. Books and records of the Agency shall be open to inspection at all reasonable times by authorized representatives of Members. Additionally, the Agency shall adhere to the standard of strict accountability for funds set forth in Government Code Section 6505.
(d) Audits. Pursuant to Government Code Section 6505, if the Agency maintains any funds or accounts during a fiscal year, the Financial Officer shall either make or contract with a certified public accountant to make an annual fiscal year audit of all accounts and records of the Agency, conforming in all respects with the requirements of that Section. The Board of Directors may appoint an audit committee from its membership to oversee the annual audit process, meet with the independent auditor(s), and receive the audit report.

By unanimous vote of the Board of Directors, if not in conflict with any state or federal law, regulation, or other requirement, the audit may be biennial as permitted by Government Code Section 6505(f). A report of the audit shall be filed as a public record with each of the Members and sent to any public agency or person in the State of California that requests a copy of the report in writing or that is required by law, regulation, or policy to receive the audit report. The report shall be filed within twelve months of the fiscal year(s) under examination. Costs of the audit shall be considered a general expense of the Agency.

10. Funds. The Financial Officer shall have the custody of and disburse the Agency’s funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board of Directors to perform that function consistent with Government Code Section 6505.6, 43 Page | 7
provided he or she is responsible upon his or her official bond for the safekeeping and disbursement of all such funds.

11. Withdrawal. A Member may withdraw as a party to this Agreement upon written notice to the Agency and each of the other Members. Any such withdrawal shall be effective 30 days after delivery of the notice to each of the other Members unless at later effective date is specified therein. Notwithstanding the foregoing, no notice of withdrawal shall be of any force or effect unless the withdrawing Member first meets and confers with each other Member, separately or together, to discuss the reason(s) for withdrawal and identify any alternative strategies that may allow the Member to remain a participant in the Agency.

12. Termination and Distribution of Assets. A 2/3 vote of the governing bodies of each of the Members of the Agency is required to terminate the Agency and this Agreement. If necessary, this Agreement and the Agency shall continue to exist after such election for the sole purpose of disposing of all claims, distributing all assets, and performing all other functions necessary to conclude the affairs of the Agency.

Upon the termination of this Agreement and following the disposition of any claims or other liabilities of the Agency, any remaining assets of the Agency shall be distributed among its members in proportion to their cash contributions or contributions of real or personal property, all based on market value at the time of contribution. The Board of Directors shall determine such distribution within six months after disposal of the last pending claim or other liability of the Agency. In the event of termination, a withdrawn member may share in the distribution of assets pursuant to this provision.

13. Liability of Directors, Officers, and Employees. The members of the Board of Directors, employees, officers, any committee members, advisors, and volunteers shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. With the exception that this Section shall in no event be construed to require indemnification by the Agency to a greater extent than permitted under the public policy of the State of California, the Agency shall indemnify, defend and hold harmless the members of the Board of Directors and its employees, officers, committee members, advisors, and volunteers from and against any and all claims, damages, demands, losses, defense costs, expenses (including attorneys’ fees) and liability of any kind or nature arising out of or resulting from performance of services on behalf of the Agency, provided that any such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Agency.

The funds of Agency shall be used to defend, indemnify, and hold harmless Agency and any individual covered by this provision for actions taken within the scope of their appointment, employment, or other service to the Agency. Nothing herein shall limit the right of the Agency to purchase insurance to provide coverage for matters covered by this provision. The obligations set forth above shall survive the termination or expiration of this Agreement.

14. Notices. Notices and other communications hereunder to a Member shall be sufficient if delivered to the Clerk of the governing body of a Member. 44 45
46 CITY OF WINTERS
Byi &i'l l 6 Id SI
Title: M^ygv^
Date:

CITY OF WOODLAND
By:

Title:

Date:

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