WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR
AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
DECEMBER 6, 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
CLOSED SESSION AGENDA
1. City Manager's Office
Conference with Labor Negotiator (Govt Code §54957.6)
Agency Negotiator: Laura Izon
Employee Organization: Battalion Chiefs' Association (BCA) and Police Officers’ Association (POA)
GENERAL ADMINISTRATION FUNCTION – PART I
1. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE
JURISDICTION OF THE COUNCIL
The Council is prohibited from discussing issues not on the agenda brought to them at this time.
According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action.
PRESENTATIONS
NONE
CONSENT AGENDA
2. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT 5 TO THE PROFESSIONAL SERVICES
CONTRACT WITH BENNETT ENGINEERING SERVICES FOR THE E & F STREETS FRONTAGE IMPROVEMENT PROJECT (CIP 15047)
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.
Objective: The objective of this report is to provide the City Council with sufficient information for approval of Amendment 5 to the professional services contract with Bennett Engineering Services for the E & F Streets Frontage Improvement Project (CIP 15047).
Recommendation: Staff respectfully recommends that the City Council: (1) Authorize the City Manager, or his designee, to execute Amendment #5 in the amount of $88,237 for the professional services contract with Bennett Engineering for the E & F Streets Frontage Improvement Project; and (2) Authorize the City Manager to make contract amendments up to 10% ($8,823) of the total contract value.
3. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT 2 FOR PROFESSIONAL SERVICES WITH KIMLEY-HORN AND ASSOCIATES FOR DESIGN OF THE CYCLE 9 FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) PROJECTS (CIPS 12203, 14053, 14054 & 14055)
Objective: The objective of this report is to provide the City Council with sufficient information to approve Amendment 2 of the professional services contracts (MC21-034 and MC21-035) with Kimley-Horn & Associates for design and engineering support services through the construction phase of the HSIP Traffic Signal and Safety Improvement Program Projects (CIP 12203, 14053, 14054, & 14055).
Recommendation: Staff respectfully recommends that the City Council: (1) Approve Amendment 2 to contracts MC21-034 and MC21-035 for professional services with Kimley-Horn & Associates to extend the term of the contracts until December 31, 2024; (2) Approve Amendment 2 to contracts MC21-034 and MC21-035 for professional services with Kimley-Horn & Associates to adjust the Consultant's hourly rate schedule to the newest fiscal year 2023/24 rates as indicated in Exhibit A attached; (3) Authorize the City Manager or his designee to execute Amendment 2 with Kimley-Horn & Associates; (4) Authorize the City Manager to execute non-substantive changes or modifications to the contracts, with approval from the City Attorney; and (5) Authorize the City Manager or his designee to execute any necessary amendments to extend the term of the contract in the future, if required.
4. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-91 AMENDING THE CAPITAL
IMPROVEMENT PROGRAM AND APPROVAL OF A PROFESSIONAL SERVICES CONTRACT
WITH NCE FOR ENGINEERING SERVICES FOR THE SUTTER STREET PAVEMENT & DRAINAGE IMPROVEMENTS PROJECT (CIP 15054)
Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 23-91 amending the Capital Improvement Program and to approve a professional services contract with NCE for a Feasibility Study and Engineering Design for the Sutter Street Pavement and Drainage Improvements Project (CIP 15054).
Recommendation: Staff respectfully recommends that the City Council: (1) Find that approval of a professional services contract with NCE is not subject to the California Environmental Quality Act (CEQA) as it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment pursuant to CEQA guidelines section 15060(c) and 15378(a). (2) Adopt Resolution 23-91 amending the Capital Improvement Program; (3) Approve a professional services contract for engineering services with NCE for the Sutter Street Pavement and Drainage Improvements Project (CIP 15054); (4) Authorize the City Manager, or his designee, to execute a professional services contract with NCE for an amount not to exceed $233,000; (5) Authorize the City Manager, or his designee to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; (6) Authorize the City Manager, or his designee, to execute contract amendments up to 10% ($23,300) of the contract value; and (7) Delegate authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.
5. Economic Development & Housing
CONSIDERATION OF AFFORDABLE HOUSING AGREEMENT WITH LEWIS LAND
DEVELOPERS, LLC FOR THE PROMENADE RESIDENCES PROJECT
Objective: The objective of this report is to facilitate the Council’s consideration of an Affordable Housing Agreement with Lewis Land Developers, LLC, for a 208 market-rate residential development located in Southport.
Recommendation: Staff respectfully recommends that the Council: (1) Find that the Affordable Housing Agreement with Lewis Land Developers, LLC for a 208-unit market-rate residential development located in Southport is consistent with the development density of existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified and there are no project-specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review and therefore the project is exempt from additional CEQA analysis; (2) Approve the Affordable Housing Agreement with Lewis Land Developers, LLC in substantially the form included as Attachment 1 for The Promenade Residences project (Agreement); and (3) Authorize the City Manager or his designee to execute the Agreement and make non-substantive corrections or modifications with the approval of the City Attorney.
6. Finance
CONSIDERATION OF THE TREASURER’S QUARTERLY FINANCIAL REPORT ON THE CITY’S INVESTMENT PORTFOLIO FOR THE PERIOD ENDING SEPTEMBER 30, 2023 Objective: The purpose of this report is to provide the City Council with the treasurer’s quarterly report on the City’s investment portfolio for the quarter ending September 30, 2023 as outlined by the Government Code 53646(b) (1).
Recommendation: Staff respectfully recommends that the City Council receive and file the Treasurer’s Quarterly Financial Report on the City’s investment portfolio for the period ending September 30, 2023.
7. Fire
CONSIDERATION AND APPROVAL OF RESOLUTION 23-86 ACKNOWLEDGING THE CITY OF WEST SACRAMENTO FIRE DEPARTMENT’S COMPLIANCE WITH SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE
Objective: Per California Health and Safety Code Section 13146.4, this item requires the Fire Department to report the status of state mandated inspections to its administering authority.
Recommendation: Staff respectfully recommends that the City Council consider and adopt Resolution 23-86 acknowledging the Fire Department’s efforts to comply with Sections 13146.2 and 13146.3 of the California Health and Safety Code.
8. Public Works
CONSIDERATION OF RESOLUTION 23-92 APPROVING THE APPLICATION, ACCEPTANCE,
AND EXECUTION OF THE WATERSMART DROUGHT RESPONSE GRANT PROPOSAL FOR THE WELL 22 REHABILITATION PROJECT
Objective: The purpose of Resolution 23-92 is to authorize the grant application, acceptance and execution for United States Bureau of Reclamation’s WaterSmart Drought Resilience Grant Program for the City of West Sacramento’s Well 22 Rehabilitation Project.
Recommendation: Staff respectfully recommends that the City Council approve Resolution 23-92 authorizing the grant application, acceptance and execution for the United States Bureau of Reclamation’s Drought Resilience Program for the Well 22 Rehabilitation Project.
9. Public Works
CONSIDERATION OF AWARD OF A CONTRACT TO ACTION ASPHALT PAVING & MAINTENANCE INC. FOR CONSTRUCTION SERVICES FOR THE ON-CALL ARTERIAL STREET PAVEMENT REPAIR PROJECT (CIP 17025)
Objective: The objective of this report is to provide sufficient information to the City Council for consideration of a contract award to Action Asphalt Paving & Maintenance Inc. for the On-Call Arterial Street Pavement Repair project.
Recommendation: Staff respectfully recommends that the City Council: (1) Find that the professional service contract with Action Paving & Asphalt for the On-Call Arterial Street Pavement Repair Project (CIP 17025) is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15302, and 15304, and find that the determination represents the independent judgment of the City; (2) Approve and authorize the City Manager, or his designee, to execute a professional service contract with Action Paving & Asphalt in the amount of $650,000 for the On-Call Arterial Street Pavement Repair Project (CIP 17025) and $250,000 for pre-funded, pre-approved CIP projects upon request from the Capital Projects Department, for a total contract value of $900,000; (3) Authorize the City Manager, or his designee, to execute amendments or change orders up to 10% ($65,000) of the value of the contract for CIP 17025; and (4) Authorize additional contract costs of up to $250,000 for pre-funded, pre-approved CIP projects upon request from the Capital Projects Department, for a total contract value of $900,000.
10. City Manager's Office
CONSIDERATION OF AN OPPOSE POSITION ON H.R. 3372 AND ANY OTHER FEDERAL
LEGISLATION THAT WOULD INCREASE THE MAXIMUM ALLOWABLE LENGTH AND WEIGHT
OF SEMI-TRAILER TRUCKS ON THE NATION'S HIGHWAY SYSTEM
Objective: The objective of this item is to provide the City Council with sufficient information to oppose H.R. 3372 and any other federal legislation that would increase the maximum allowable length and weight of semi-trailer trucks on the nation's highway system.
Recommendation: Staff respectfully recommends that the City Council: (1) Approve an oppose position on H.R. 3373 and authorize extending the oppose position to any other federal legislation that would increase the maximum allowable length and weight of semi-trailer trucks on the nation's highway system; (2) Authorize the Mayor to sign and transmit the attached letter of opposition, and (3) Authorize the City Manager, or his designee, to take all actions necessary to oppose the legislation.
PUBLIC HEARINGS
11. Police
PUBLIC HEARING AND CONSIDERATION OF POLICE DEPARTMENT MILITARY EQUIPMENT USE ANNUAL REPORT AFFIRMING RENEWAL OF ORDINANCE 22-16
Objective: The purpose of this report is to comply with current AB 481 regulations, which require that law enforcement agencies obtain approval from the applicable governing body for the funding, acquisition, collaboration or other use of “military equipment” as defined by Section 7070(c).
Recommendation: Staff respectfully recommends the City Council: (1) Receive the Police Department military equipment use policy and annual report; (2) Accept public comments concerning the report; and (3) Affirm continuance renewal of Ordinance 22-16.
REGULAR AGENDA
12. Community Development
CONTINUED PUBLIC WORKSHOP REGARDING RETAIL CANNABIS SALES ADMINISTRATIVE
PROCEDURES AND EQUITY PILOT PROGRAM
Objective: The purpose of this report is to further facilitate City Council consideration and direction regarding proposed administrative procedures for retail cannabis applications and the equity pilot program.
Recommendation: Staff respectfully recommends that the City Council: (1) Hear a presentation from staff regarding the proposed administrative procedures and equity pilot program for retail cannabis; and (2) Provide direction to staff.
13. Economic Development & Housing
CONSIDERATION OF FIRST READING OF ORDINANCE 24-3 REGARDING BLACKPINE 440
WEST, LLC DEVELOPMENT AGREEMENT
Objective: The purpose of this item is to facilitate the City Council's consideration of a proposed Development Agreement between Blackpine 440 West, LLC and the City of West Sacramento for a 106-unit single-family residential project that includes a public neighborhood park and related infrastructure improvements at 412-430 6th Street and 425 and 640-702 E Street in the Washington District.
Recommendation: Staff respectfully recommends that the City Council: (1) Receive a presentation by staff and take public comment; (2) Waive first reading and read by title and number only, Ordinance 24-3 (Attachment 1) approving the Development Agreement between Blackpine 440 West, LLC and the City of West Sacramento (City) for a 106-unit single-family residential project that includes a public neighborhood park and related infrastructure improvements at 412-430 6th Street and 425 and 640-702 E Street in the Washington District (“Project”); and (3) Inform the audience that the public hearing for the BlackPine 440 West, LLC Development Agreement and that the second reading and adoption of Ordinance 24-3 is scheduled for January 17, 2024.
14. City Manager's Office
WORKSHOP ON CAMPAIGN CONTRIBUTION LIMITS AND CONSIDERATION OF FIRST READING OF ORDINANCE 24-4 AMENDING MUNICIPAL CODE CHAPTER 2.18 RELATED TO
CAMPAIGN CONTRIBUTION LIMITATIONS
Objective: The purpose of this report is to provide information about changes to campaign contribution limits under Senate Bill (SB) 1439 and to request that the Council consider first reading of Ordinance 24-4, which would amend Chapter 2.18 of the West Sacramento Municipal Code to update the campaign contribution limitations.
Recommendation: Staff respectfully recommends that the City Council: (1) Receive staff’s presentation on campaign contribution limits under SB 1439 and amending the City’s campaign contribution limit ordinance; and (2) Waive the first reading of Ordinance 24-4 amending Municipal Code Chapter 2.18 related to campaign contributions.
15. Community Development
CONSIDERATION OF AMENDMENTS TO THE GENERAL PLAN MOBILITY ELEMENT AND
RELATED AMENDMENTS TO THE BRIDGE DISTRICT SPECIFIC PLAN Objective: This item considers the proposed amendments to the Mobility Element of the General Plan and related amendments to the Bridge District Specific Plan.
Recommendation: Staff respectfully recommends that the City Council: (1) Receive a presentation by staff and take public comment; (2) Waive first reading and read by title and number only, Ordinance 24-2, adopting the proposed Bridge District Specific Plan amendments (Planned Development 41), certifying the Supplemental Environmental Impact Report, adopting the Findings and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan; and (3) Inform the audience the public hearing of the General Plan Mobility Element Updates and consideration of second reading and adoption of Ordinance 24-2 is scheduled for January 17, 2024.
16. Economic Development & Housing
CONSIDERATION OF RESOLUTIONS 23-79, 23-85, AND 23-90, AND OTHER ACTIONS
NECESSARY TO EFFECTUATE THE PUBLIC USE TRANSFER OF CERTAIN PROPERTIES
OWNED BY THE WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY (BRODERICK BOAT RAMP, 2400-2600 WEST CAPITOL AVENUE, AND 485 LIGHTHOUSE
AVENUE) TO THE CITY OF WEST SACRAMENTO
Objective: The purpose of this report is to facilitate City Council and West Sacramento Redevelopment Successor Agency (Successor Agency) consideration of several joint actions that would close out the 2013 Long-Range Property Management Plan, which guides and governs the Successor Agency’s obligations to dispose of real property assets under its care. Additionally, if the City Council and Successor Agency approve those actions, then this report also provides the City Council with information to fund these activities.
Recommendation: Staff respectfully recommends that the City Council and the West Sacramento Redevelopment Successor Agency: (1) Jointly find that the public use transfer of 103 4th Street is exempt from CEQA analysis under the Class 1 Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15301; (2) Adopt Joint Resolution 23-90 (Attachment 1) of the City Council and Successor Agency delegating authority to the City Manager and the Executive Director to take any and all actions necessary to complete a public use transfer of the Broderick Boat Ramp located at 103 4th Street, APNs 010-102-008, 010-103-001 to -002, and 010-493-001 to -002; (3) Jointly find that the City’s acquisition of 485 Lighthouse Drive and 2400 and 2600 West Capitol Avenue from the Successor Agency is exempt from CEQA analysis under the Class 32 Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15332; and (4) Adopt Joint Resolution 23-79 (Attachment 2) of the City Council and Successor Agency delegating authority to the Executive Director and City Manager to take any and all actions necessary to complete the City’s acquisition of three Successor Agency owned properties located at 485 Lighthouse Drive, APN 010-523-037, 2400 West Capitol Avenue.
APN 008-441-007, and 2600 West Capitol Avenue, APN 008-450-016.
Staff respectfully recommends that the City Council: Adopt Resolution 23-85 (Attachment 3) approving a budget amendment to the Long-Range Property Management Plan Budget for Fiscal Year 2023/2024 approving transfers from the Housing Trust Fund and the Measure E Fund to CIP# 52038.
17. Community Development
CONSIDERATION OF FIRST READING OF ORDINANCE 24-1 REGARDING PROPOSED AMENDMENTS TO TITLE 17 (ZONING) OF THE MUNICIPAL CODE
Objective: The purpose of this item is to facilitate the City Council’s consideration of Ordinance 24-1 regarding proposed amendments to Title 17 (Zoning) of the Municipal Code.
Recommendation: Staff respectfully recommends that the City Council consider a first reading and read by title and number only, Ordinance 24-1, amending Title 17 (Zoning) of the Municipal Code regarding: Chapter 17.09–Short Term Rentals in Commercial and Mixed-Use Zones; Table
17.09.020–Common Open Space Standards for Multifamily Residential Chapter 17.30.210–Solar Energy Systems; Chapter 17.22.050–Encroachments into Required Setbacks; Chapter 17.22.130– Screening; Table 17.09.020–Commercial and Mixed-Use Zones; Chapter 17.26.050–Nonconforming site improvements; Chapter 17.42.070–Reasonable Accommodations Conditions of Approval; Chapter 17.22.060–Fences, Walls, and Hedges (2) Non-Residential Zones for Electric Fences; Chapter 17.35.130–Zoning Administrator and Director Appeals; Chapter 17.51–Definition of Food and Beverage Sales; Chapter 17.51– Definition of Front Yard; Chapter 17.51 and
17.08.040–Emergency Backup Generators; and Chapter 17.38–Interim Use.
GENERAL ADMINISTRATION FUNCTION – PART II
18. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee --------------------------------------------Guerrero, Alternate - Early City/County 2x2 ----------------------------------------------------Guerrero/Orozco, Alternate – Sulpizio Hull City/School 2x2 ------------------------------------------------------Guerrero/Sulpizio Hull, Alternate - Alcala Executive Commission to Address Homelessness --------------------Sulpizio Hull, Alternate - Orozco EIFD Public Financing Authority----------------------------------------------------Vacant, Alternate - Vacant League of California Cities --------------------------------------------------- Alcala, Alternate – Sulpizio Hull Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Guerrero, Early, Sulpizio Hull Remote Access Network ------------------------------------------------------------------------------------Guerrero River City Regional Stadium Financing Authority------------------------------------------Guerrero, Orozco Sacramento Area Council of Governments (SACOG) ------------------------Guerrero; Alternate - Early Sacramento Regional County Sanitation District Board --------------Orozco; Alternate - Sulpizio Hull West Sacramento Area Flood Control Agency JPA ----------------------------Alcala; Alternate - Orozco Yolo Animal Servies Planning Agency JPA----------------------------Guerrero; Alternate – Sulpizio Hull 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
19. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS Applications are being accepted for vacancies on the Parks, Recreation, and Intergenerational Services Commission, Environment and Utilities Commission, and Board of Appeals. The deadline is 5:00 p.m. on December 31, 2023.
20. PART II
A. Council Calendar
B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
Resolution of support for Convention to Eliminate Discrimination Against Women (Orozco/Sulpizio Hull)
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the December 6, 2023 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted December 1, 2023 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review.
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