West Sacramento City Council
January 17, 2024

*Note – Interfund transfers are not included in funding sources and uses total to avoid duplication of total project budget and funding.

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

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

PASSED AND ADOPTED by the West Sacramento City Council this 17th day of January, 2024 by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
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ATTACHMENT 3
Measure N Analysis
West Sacramento Great California Delta Trail Regional Connection Project: Community Design Funding Program Match Funding
Project Description
The project will do three things to move the Clarksburg Branch Line Trail closer to completion.

1. The project will analyze existing bridge infrastructure to develop a structural condition and recommendations report, identifying if these bridge crossings remain sound. The historic significance of these structures will also be reviewed to determine the value of keeping the infrastructure in‐place. If determined to be not structurally sound, the report will identify the means to improve the structural integrity, propose new structures, or identify other design alternatives.

2. The project will prepare preliminary (35%) design of the mainline CBLT, trail crossings, and trail access improvements. This preliminary engineering will be used to prepare the environmental documentation, and ultimately the final engineering design required to complete paving the CBLT and formalize neighborhood access points. In addition, the project will review current at‐grade road crossings for implementing potential enhanced safety measures.

3. The project will ensure streamlined project delivery through engagement with neighboring property owners.

4. The project will result in all necessary permits and clearances bid-ready (100%) construction plans to enable the City to extend the CBLT to the City limits.

The requested expenditure is to provide the overmatch funding necessary to complete the West Sacramento Great California Delta Trail Regional Connection Project design phase, partially funded by SACOG’s Community Design Funding Program.

Policy Context
This supports the 2022 Strategic Plan goal of Mobility & Connectivity and directly implements the goals, strategies and tactics set forth by: 2035 General Plan; Bicycle, Pedestrian, and Trails Master Plan; and Mobility Action Plan.

Supplementary Funds
The current Capital Improvement Program allocation to the project is $280,000, with $55,600 from Measure E and $224,400 anticipated from grant agencies. The total project cost is $626,324. The $170,724 Measure N funding will be added to a programmed $55,600 of Measure E funding for a $226,324 investment that will leverage $400,000 of grant funding.

Staff Costs
$46,000 of the proposed Measure N expenditure will cover staff costs for project management and community engagement.

Desired Outcome
The desired outcome of the project is bid-ready construction documents for the unpaved part of Clarksburg Branch Line Trail that lies within the City Limits. Measure N asked the voters:

To fund public safety and investments in inclusive economic development and community improvements, shall the City of West Sacramento enact a 1/4 percent transactions and use tax (sales tax) providing approximately $3. 4 million annually on an ongoing basis for general revenue purposes?
This project would create construction plans for a bicycle/pedestrian trail, a community improvement. The CBLT would have the potential to catalyze the greatest positive change for the community in which the proposed improvements are located, and/or the city at large by opening the southern half of Southport to safe, comfortable, and direct bicycle and pedestrian access.

Theory of Change
The problem is that the Clarksburg Branch Line Trail is not complete, so bicyclists and pedestrians travelling north-south through Southport must use Jefferson Boulevard. Jefferson Blvd has high volumes of high-speed traffic. The project would create construction plans to complete the CBLT. When the trail is complete, bicyclists and pedestrians will not have to use Jefferson Blvd. Opposition from property owners and the condition of the 335
ATTACHMENT 3
bridge structures could affect program success. Mitigation for these includes the accomplished public engagement showing citywide support for this project, engagement with property owners to address project- and site-specific concerns about design and construction, and a planned structural analysis of the two bridge structures.

Project Budget
This project is in the Community Improvements category.

PROJECT ELEMENT Itemized Cost
Consultant Project Management $32,540
Data Collection and Surveying $10,625
Consultant Community Outreach and
Engagement
$10,800
Environmental Analysis and
Documentation
$ 6,750
Existing Bridge Infrastructure Analysis $65,280
Final Design (Plans, Specifications, and
Estimates)
$94,130
Surveying and Mapping (Subcontractor) $47,979
Geotechnical Services (Subcontractor) $55,385
Historic Evaluation of Bridge
(Subcontractor)
$21,569
Other Consultant Direct Costs $11,756
South River Road Bridge Design $81,310
Other Consultant Direct Costs for South
River Road Bridge Design
$ 4,066
Birchwood Place Trestle Replacement
Design (If Needed)
$81,310
Other Consultant Direct Costs for
Birchwood Place Replacement Design (If
Needed)
$ 4,066
10% Contingency $52,757
Estimated Staff and Resources Cost $46,000
Total Cost $626,324
Grant Award $400,000
Local Funding:

Measure N $170,724
Measure E $55,600
Performance Metrics
Performance metrics include the work schedule in the contract. 336

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2024 ITEM # 10
SUBJECT:

CONSIDERATION OF AWARD OF A PROFESSIONAL SERVICES CONTRACT TO NELSON\NYGAARD CONSULTING ASSOCIATES, INC. FOR DEVELOPMENT OF THE WEST SACRAMENTO COMPREHENSIVE SAFETY ACTION PLAN (CIP 16012) AND ADOPTION OF RESOLUTION 24-13 APPROVING RELATED BUDGET ADJUSTMENTS INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Steven Rosen, Associate Transportation Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to award a professional services contract for the detailed planning, design, outreach, and administrative support of the West Sacramento Comprehensive Safety Action Plan (CIP 16012).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Award a contract for professional services to Nelson\Nygaard Consulting Associates, Inc. for planning, design, outreach, and administrative support of the West Sacramento Comprehensive Safety Action Plan project (CIP 16012);
2) Authorize the City Manager, or their designee, to execute a professional services contract with Nelson\Nygaard Consulting Associates, Inc. in the amount of $279,968.41 for the West Sacramento Comprehensive Safety Action Plan;
3) Authorize the City Manager, or their designee, to make contract amendments up to 10% ($27,997) of the contract value; and
4) Approve Resolution 24-13 authorizing the transfer of $27,966 from the General Fund (Fund 107) to support the contract contingency.

BACKGROUND
Through the Fiscal Year 2022 United States Department of Transportation (USDOT) Safe Streets and Roads for All Grant Program, the City was awarded $280,000 in federal funds, with a commitment of $70,000 of local matching funds, to develop the West Sacramento Comprehensive Safety Action Plan (CSAP). A CSAP is sometimes called a “Vision Zero” plan.

The West Sacramento Comprehensive Safety Action Plan will be based on a comprehensive and deep analysis of the locations and causes of crashes in the City. It will lay the foundation of a low-cost, high-impact street safety program. The $350,000 budget will enable the City to identify the most dangerous locations, situations, and behaviors so that the City can prioritize the most efficient measures to improve safety as it implements the plan.

The CSAP process will engage with and learn from all the City’s geographic and demographic communities. The City will make special efforts to reach out and incorporate what is learned from communities that have not been included in the past or who have not historically sought to participate in civic governance.

The City will adopt technologies and strategies based on the results of the analysis. The City will review scientific literature to identify the strategies and technologies that will be most effective at keeping our people safe in the specific situations and locations found to be most hazardous. The CSAP will include a list of safety measures, selected based on evidence of their effectiveness, prioritized by the potential to reduce hazards, costeffectiveness, broad applicability, and community desire. The weighting will be determined during the planning process.
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The CSAP will include the crash analysis, a prioritized list of actions, guidance on their implementation, and a framework for tracking the effectiveness of its proposed measures. The result will include a standing committee on transportation safety backed by an ambitious leadership commitment to reduce deaths and serious injuries.

A request for proposals (RFP) was issued to seek qualified consultants to complete the West Sacramento Comprehensive Safety Action Plan.

ANALYSIS
This procurement was handled in accordance with the City’s procurement procedures for professional services.

Award is recommended to the firm offering the most comprehensive overall proposal considering such factors as, qualifications and experience, staffing and project organization, technical approach, proposed schedule, as well as cost and price.

A competitive procurement was completed to select the proposed firm, Nelson\Nygaard Consulting Associates, Inc. to complete the Comprehensive Safety Action Plan contract. An RFP was released and advertised to potential vendors on September 6, 2023 through OpenGov. The RFP received four (4) responsive proposals by the proposal submission deadline of October 11. The City evaluation committee reviewed the proposals based on the evaluation criteria and determined the four firms responsive and responsible, listed below in alphabetical order:

1. DKS Associates
(Portland, OR)

2. GHD, Inc.
(Phoenix, AZ)

3. Minagar & Associates, Inc.
(Laguna Hills, CA)

4. Nelson\Nygaard Consulting Associates, Inc.
(San Francisco, CA)
On November 16, the evaluation panel held interviews with teams with the three proposals that scored highly enough to be successful. The panel interviews began with presentations to demonstrate the firms’ understanding of City’s requirements. The firms’ project managers and key team members had an opportunity to present each team’s qualifications and respond to the evaluation committee’s questions. The panel asked each firm questions about its ability to work with internal stakeholders and engage street users, its capacity to complete the tasks on-schedule, and its experience.

After considering the responses to the questions asked during the interviews, the evaluation committee reviewed the preliminary ranking and adjusted individual scores. The evaluation panel unanimously identified Nelson\Nygaard Consulting Associates, Inc. as the most qualified firm recommended for consideration of award.

The City and Nelson\Nygaard Consulting Associates, Inc. negotiated the scope of work and cost proposal, as detailed in Attachment 1.

The City will incorporate a collaborative planning process involving internal stakeholders, residents, and community-based organizations. By committing to the Comprehensive Safety Action Plan, the City will commit to an ambitious goal of eliminating deaths and serious injuries in the transportation network by a certain date.

The goal will be determined in the planning process. The City will commit to the Safe System Approach, recognizing its six foundational principals: that deaths and serious injuries are unacceptable, humans make mistakes, humans are vulnerable, responsibility is shared, safety is proactive, and redundancy is crucial. The establishment of a safety culture based on these principles, that puts safety first and foremost in road investment decisions and supports collective understanding and collaboration towards the implementation of a multipronged approach to safety, will be a critical outcome of the CSAP.

Environmental Considerations
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This action is not a "project" for the purposes of the California Environmental Quality Act, Public Resources Code section 21000 et seq. ("CEQA"), because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment and, therefore, pursuant to Public Resources Code section 21065 and CEQA Guidelines sections 15060(c) and 15378(a), it is not subject to environmental review.

Commission Recommendation
This is an administrative item and does not have new policy implications that would require Transportation, Mobility, and Infrastructure Commission input. As such, this item was not presented to the TMI Commission.

Staff will return to the Commission and Council with updates throughout the development of the CSAP, such as confirmation of the project prioritization criteria and feedback on the draft and final plan prior to adoption by the City Council.

Strategic Plan Integration
This project advances the 2023 Strategic Plan Principles: “Mobility & Connectivity,” in support of providing convenient and sustainable choices for people to get where they are going, “Inclusive & Diverse,” in support of equitable investment and social/environmental justice in the city, and “Core Services & Infrastructure,” in support of sustaining a financially sound city in which everyone feels safe and secure, with quality services and wellmaintained infrastructure.” Alternatives
The Council’s primary alternatives are:
1) Staff respectfully recommends that the City Council the recommended action as stated above. 2) City Council may elect to set forth proposed conditions or modifications to the scope of work proposed by staff.
3) City Council may elect not to approve the contract at this time.

Staff recommends Alternative 1. Staff does not recommend Alternatives 2 and 3, as the current scope of work has been approved by the USDOT, coordinated across departments, and negotiated to establish the rates set forth by the Consultant. Revisions or additional conditions could cause delays to the start of work and risk exceeding the grant deadline. As this work is critical to implementing multiple City plans and goals to address mobility, safety, equity, and equality, Alternatives 2 and 3 are not recommended.

Coordination and Review
This report was prepared by the Transportation & Mobility Division of the Community Development Department (CDD) and the project received review or support from the CDD Planning Division, Finance Department, and City Manager’s Office.

Budget/Cost Impact
The City was awarded a $280,000 federal Safe Streets and Roads for All grant, with a commitment of $70,000 local matching funds required. This project was appropriated to the FY 2023/24 Capital Improvement Project budget as approved by Council via Resolution 23-57 for a total appropriation of $70,000 of Fund 107 – OneTime-General Fund funds.

The breakdown of costs to provide the professional consultant services for the West Sacramento Comprehensive Safety Action Plan are as follows:

PROJECT CURRENT FUNDING
2022 USDOT Safe Streets and Roads for All Grant $280,000 Local Match (20%) One-Time General Fund $70,000
Total Current Funding $350,000
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PROJECT COSTS
Negotiated Professional Services Contact with Nelson\Nygaard Consulting Associates, Inc. $279,969 10% Contingency $ 27,997
Estimated Staff and Resources Cost $ 70,000
Total Project Cost $377,966
PROJECT SURPLUS/(DEFICIT) ($27,966)
Based on the information in the above table, there is a shortfall of $27,966 that would be held for contingencies.

As such, staff is recommending City Council adoption of Resolution 24-13 (Attachment 2) appropriating $27,966 from One-Time General Fund (Fund 107) to the Comprehensive Safety Action Plan (CIP 16012).

ATTACHMENTS

1. Nelson\Nygaard Consulting Associates, Inc. Contract for Services

2. Resolution 24-13
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CONTRACT FOR SERVICES
THIS CONTRACT is made on January 17, 2024, by and between the CITY OF WEST SACRAMENTO (“City”), and Nelson\Nygaard Consulting Associates, Inc. (“Consultant”).

WITNESSETH:

WHEREAS, the City desires to develop a Comprehensive Safety Action Plan; and WHEREAS, the Consultant has presented a proposal for such services to the City, dated October 11, 2023, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.

C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon receipt of written notice to proceed from the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on October 1, 2025.

B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3. 341
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C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for two optional 1-year extensions in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.

3. COMPENSATION:

A. The Consultant shall be paid monthly for all time and materials required and expended, but in no event shall total compensation exceed two hundred seventy-nine thousand nine hundred sixty-eight dollars and forty-one cents ($279,968.41), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".

B. Said amount shall be paid upon submittal of a monthly billing showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.

C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.

4. TERMINATION:

A. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.

C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
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6. EXTENSIONS OF TIME:

Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.

7. PROPERTY OF CITY:

A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.

B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.

8. COMPLIANCE WITH ALL LAWS:

A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.

Consultant shall assist City in providing the same.

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.

B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.

C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall 343
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continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.

D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.

10. SUBCONTRACTING:

None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.

11. ASSIGNABILITY:

Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.

However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

Consultant shall be responsible for performing the work under this Contract in a manner 344
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which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.

15. INDEMNITY AND LITIGATION COSTS:

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

16. CONSULTANT TO PROVIDE INSURANCE:

A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

1. Worker’s Compensation and Employer’s Liability Insurance

a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.

The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.
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2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section

16.B.2.b).

4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000 per claim.
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C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.

D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.

E. Any deductibles or self-insured retentions in excess of $10,000 have been declared to, and approved by, the City.

F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.

17. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.

B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.

C. This Contract is funded in whole in part through grant funds received under the following grant: Safe Streets and Roads for All (the “Grant”), the terms of which are incorporated herein. Copies of the Grant and any related materials have been made available to Consultant, and Consultant shall ensure that its performance under this Contract, and that of any subcontractors, conforms to the requirements of the Grant.

D. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.

E. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing. 347
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CDD23-305 Comprehensive Safety Action Plan
Expires on 10/1/2025
Federal 081623
F. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City:

City of West Sacramento
Attn: Steven Rosen
1110 West Capitol Avenue
West Sacramento, CA 95691
Consultant:

Nelson\Nygaard Consulting Associates, Inc.
621 SW Morrison Street, Ste 1450
Portland, OR 97205

G. This Contract shall be interpreted and governed by the laws of the State of California.

H. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

I. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
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CDD23-305 Comprehensive Safety Action Plan
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Federal 081623

CITY OF WEST SACRAMENTO
By: __________________________
Amanda Berlin, Assistant City Manager
ATTEST:

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

By: __________________________________
Jeffrey Mitchell, City Attorney

CONSULTANT
By: _________________________
Jonathan Watts, Director of
Operations
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EXHIBIT A
Consultant Proposal/Scope of Work
350
Technical
Project Approach
C
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Technical Approach
Between 2018 and 2022, 313 collisions occurred in West
Sacramento. Three people died in these crashes and
twenty-seven were seriously injured. Three deaths are
too many—the goal shared by the FHWA and the City in
its development of this CSAP is to achieve zero roadway deaths.

To achieve this goal, the City’s leadership must
commit to a Safe System Approach, recognizing its six
foundational principals: that deaths and serious injuries are unacceptable, humans make mistakes, humans are
vulnerable, responsibility is shared, safety is proactive, and redundancy is crucial. The establishment of a safety culture based on these principles, that puts safety first and foremost in road investment decisions and supports
collective understanding and collaboration towards the
implementation of a multi-pronged approach to safety,
will be a critical outcome of the CSAP.

Nelson\Nygaard and Civic Thread’s experience working
with the City on STEP and Safe Routes to School
enables our team to begin this project with established relationships with City staff and many community
partners as well as an understanding of City leadership.

This experience will help us navigate many of the initial conversations with the Project Development Team (PDT)
and the community on vision, goals, opportunities, and
challenges, which are important to laying the groundwork for a safety culture. Additionally, our knowledge of the City’s processes, such as their GIS database, and Civic Thread’s long-held relationships within West Sacramento communities will allow us to accelerate early project
work, including the Community Engagement Plan and
the systemic safety analysis, and will ensure the project’s analyses, prioritization processes, and CSAP development are led by community values based on broad and equitable listening and engagement.

We have proposed a detailed set of analytical techniques and engagement methods that will reveal the contributing factors to severe and fatal traffic collisions in West
Sacramento. Once identified, we will create a framework that links each contributing factor to demonstrated
countermeasure solutions and work with City staff, the
community, and the PDT to develop a project prioritization framework and implementation matrix to outline actions
that equitably address the identified safety issues and high-collision corridors over time, organized by the five elements of Safe Systems: safe road users, safe vehicles, safe speeds, safe roads, and post-crash care. Our process will culminate in the development of a CSAP that charts a clear course towards zero traffic fatalities, with the consensus of community and agency partners and a
leadership commitment to a culture of transportation
safety that is essential to the plan’s success.

Scope of Work
Task 1: Project Management
At Nelson\Nygaard, our approach to project
management is simple. We select our most experienced
staff to lead our projects, form teams that align staff experience with project needs, and deliver the highestquality products to our clients. For larger projects such as this one, we assign a deputy project manager to be
actively involved with project logistics and assist the project manager with day-to-day management. Along
with assigning a principal-in-charge, we ensure multiple areas of project oversight so that relevant senior staff as well as junior staff are assigned to appropriate tasks to control costs and schedule and maintain quality results.

We use Microsoft Office 365 programs for project
management. File-sharing between internal and external
team members will be accomplished through SharePoint,
Microsoft’s cloud-based file management program.

1.1 Project Management Plan
We will draft a project management plan (PMP) for the
City project management team’s review following the
project kickoff meeting. The PMP will serve as a living document and a single point-of-reference for all key
aspects of the plan. Contents will include a final budget by task and team lead, roles, responsibilities and contact information for all project team partners, task status, and a section to document key decisions made, including any agreed-upon shifts in scope if necessary. The PMP
will also include a Gannt chart of the project schedule, which will show start and end dates for each task and
associated activities and deliverables, duration, and
relationship amongst tasks, which will help to highlight critical path items and float time. Deliverables will be noted as activities within a task, with duration reflecting the review cycles noted in the scope of work: at least
one week of review by the City and at least two weeks
of review by other key study participants/stakeholders
for all key deliverables. All project deliverables will be provided in the appropriate electronic format (whether
as text, spreadsheets, photos, etc.) in addition to PDF files that meet accessibility guidelines.

1.2 Kickoff Meeting
Nelson\Nygaard will prepare and facilitate a kickoff
meeting with City staff. For scheduling purposes, we
have assumed a project kickoff in early February 2024.

Key agenda items will include the following objectives:
• Confirm project goals and anticipated outcomes
• Refine the draft PMP and schedule in consultation
with City staff. Schedule will include recurring
meetings, deliverable review expectations, and
timing of any potential presentations to the
Transportation, Mobility & Infrastructure (TMI)
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Commission and City Council (based on a 19-month
project schedule, from February 2024 through
August 2025)
• Establish communication protocols
• Review and coordinate with the City’s GIS and data
teams to discuss available data and needs, including
but not limited to the data and analysis from the
previous systemic safety analysis report (SSAR) and
data the project team already has in its possession
due to STEP project work
• Discuss proposed engagement plan
• Review quality control/quality assurance practices

1.3 Project Management Meetings
Nelson\Nygaard and the City’s project manager will hold biweekly project management meetings to ensure the
project is moving along on time and on budget. We will use these meetings to discuss current and upcoming work
and any outstanding and emerging issues. Approximately
36 project team meetings are anticipated throughout the contract. The project manager and deputy project manager will be present at these meetings. Civic Thread will attend approximately half of the biweekly meetings to coordinate engagement activities. Nelson\Nygaard team members
will attend as needed to discuss project work. Staff time at these meetings is budgeted within Subtask 1.3.

1.4 Project Development Team (PDT) Meetings
A critical element in the scope of work is the importance of buy-in by the City and City staff to the CSAP to ensure its implementation and continued progress toward stated goals:
“It will also include a management structure that will take ownership of the CSAP and ensure that the City implements its recommendations. The CSAP will commit the City to reduce roadway casualties to a specific level by a specific date.” Nelson\Nygaard will assist the City in the formation of the PDT, an interdepartmental technical working group
made up of departments including but not limited to Fire, Police, Transportation, Capital Projects, Finance and
Technology (particularly the GIS team), Communications
and/or Public Works. This interdepartmental group is
reflective of a key principle of the Safe System Approach— shared responsibility—which involves coordination and
collaboration throughout the safety process.

Nelson\Nygaard will assist the city in planning up to five PDT meetings at key points related to the scope of work for the CSAP development. We suggest the following
potential meeting topics, but these are subject to change:
• Meeting 1: Introduce and discuss CSAP purpose,
vision, goals, key performance indicators including
target date for achieving zero roadway deaths, and
percentage goal and timeline for fatal and serious
injury (FSI) reduction
• Meeting 2: Review and discuss systemic safety
analysis and existing practices findings and
preliminary countermeasures
• Meeting 3: Review and discuss countermeasures
research and preliminary prioritization process
• Meeting 4: Review and discuss prioritization
process, suggested projects and strategies, and
implementation plan
• Meeting 5: Review and discuss CSAP and planned
handoff to CSAP Implementation Team
Involvement of the PDT in the review and discussion of
task work throughout the project will be critical for the development of buy-in of the CSAP vision, goals, and
implementation upon project completion. PDT members
will also be kept aware of project engagement activities and encouraged to participate in activities such as
community walk audits and workshops to understand
the community’s lived safety experience.

We will lead and facilitate discussion at these meetings.

However, as the CSAP reaches its final stages, we
recommend the beginning of a transfer of leadership
to the PDT, as it will be the entity that takes ownership of the CSAP and moves it towards implementation,
transitioning to the CSAP Implementation Team. We will
prepare meeting materials and distribute City-approved
documents one week before each scheduled meeting.

Minutes and a list of action items shall be provided to the City within three days of PDT meetings.

1.5 Invoices and Progress Reports
Nelson\Nygaard will submit monthly invoices and
progress reports to the City. Per the RFP, invoices will include a summary of project budget activity-to-date
and show costs against each major task and/or subtask
as appropriate, including for our project partner Civic Thread, while progress reports will include the status of work and budget by task: significant accomplishments,
problems encountered and potential solutions, decisions to be made by the City, schedule updates, and work
planned for the next month (by task and responsible
party). Nelson\Nygaard will confirm the format of both
items with the City prior to the first monthly submission.

Task 1.6 Project Brand and Website (Optional)
Nelson\Nygaard’s visual communications team will
develop a project brand and website design that
represents the City’s commitment to a culture of safety.

The brand concept and website components will be vetted by City staff, the PDT and Community Advisory Group
(Subtask 2.2) before launch.

Task 1 Deliverables:
‡ PMP (Project schedule and budget)
‡ Kickoff meeting
‡ Project management meetings every two weeks
‡ PDT meetings and minutes/action list
‡ Monthly invoices and progress reports
‡ Optional: Project brand and website design
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Task 2: Stakeholder and Community
Engagement
Engaging communities who have been systematically
excluded from planning processes is critical to gathering meaningful and accurate feedback to inform the
development of a CSAP. To ensure the project’s analyses, prioritization processes and CSAP development will be
led by community values based on broad and equitable
listening and engagement, and the project team, led
by Civic Thread, will develop a robust Community
Engagement Plan (Subtask 2.1) emphasizing language
justice, accessibility, and prioritizing residents of
color, English as a Second Language (ESL) residents
(particularly residents who speak Ukranian, Russian,
or Spanish), youth, and older adults in low-income
communities.

Our ability to leverage extensive relationships
with trusted community-based organizations and
stakeholders, paired with our experience cultivating
effective and creative partnerships to provide culturally relevant engagement opportunities, are core tenets
of this approach. Civic Thread brings more than 20
years of experience empowering disadvantaged and
underrepresented communities to enact creative,
robust, and successful public engagement throughout
the six-county SACOG region, including the City of West Sacramento.

Civic Thread will work closely with Nelson\Nygaard,
the City’s project manager, and the PDT to execute a
multi-phased approach to ensure that comprehensive
and equitable engagement is achieved early and often
throughout the project. We envision the engagement
occurring in three phases, using multiple engagement
methods within each phase (specific engagement
activities are described in the subtasks that follow):
• Phase 1: Vision, Goals, and Information Gathering
will consist of soliciting community feedback
through diverse means to inform the assessment
of existing conditions and effective safety
countermeasures.
• Phase 2: Prioritization will ensure residents’ voices, particularly those who have been historically
excluded from planning processes, are included in
the draft prioritization of projects, strategies, and
countermeasures.
• Phase 3: Draft Plan Ground-Truthing will focus
on presenting the draft CSAP through diverse
online and in-person opportunities and gathering
comments from stakeholders to ensure feedback
from prior engagement phases were appropriately
and authentically incorporated.

2.2 Engagement Activities by Phase and Task

PHASE TASKS ENGAGEMENT ACTIVITY
1 3, 4 Community Engagement Plan
3, 4 Community Advisory Group Convenings
3, 4 Stakeholder Interviews
3, 4 Community Transportation Safety Audits
3, 4 Community Survey
3, 4 City Council and TMI Commission Presentations
2 5 Community Advisory Group Convenings
5 Stakeholder Interviews
5 Community Workshop
5 Pop-ups
5 City Council and TMI Commission Presentations
3 6 Community Advisory Group Convenings
6 Stakeholder Interviews
6 Community Workshop
6 Pop-ups
6 City Council and TMI Commission Presentations
6 Community Engagement Summary Report

2.1 Community Engagement Plan
The Community Engagement Plan (CEP) will serve as the
guiding document for engaging both broad and hard-toreach community members in West Sacramento. Within the plan, diverse outreach and engagement methods
will be implemented with the direct intent of reducing
barriers to participation for priority populations, such as youth, multilingual communities, older adults, low-income households, and communities of color. The engagement
plan will be developed through an iterative process based on a set of flexible strategies, designed to allow the
project team to be as adaptable as possible in responding to community needs and recommendations in real time.

The CEP will be developed in collaboration with community leaders, partners, and institutional stakeholders to ensure the engagement effort is culturally relevant and effective.

Partners may include, but are not limited to, the following:
• AARP
• Arthur F. Turner Community Library
• BREATHE California Sacramento Region
• Broderick/Bryte Community Action Network
• California Commission on Aging
• Caltrans District 3
• City of Sacramento
• Design for Active Sacramento
• Ethnic Chambers of Commerce
• Health Education Council
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• Local faith groups primarily serving multilingual
congregations (e.g., Holy Cross Parish, Slavic Baptist
Church)
• Meals on Wheels Yolo County
• Public Health Advocates
• Resources for Independent Living
• River City Food Bank
• Russian American Media*
• SACOG
• SACOG Youth Leadership Academy
• Sacramento Area Bike Advocates
• SacRT
• Safe Kids Greater Sacramento
• Slavic Community Center*
• United Latinos
• Washington Unified School District
• West Sacramento Accountable Communities for
Health Initiative
• Yolo Climate Action Commission Equity &
Engagement Working Group
• Yolo County
• Yolo County Children’s Alliance
• Yolo Transportation District
• Yolo Tribal TANF
*It is important to note that engagement may be low due to current hardships faced by this community on an international scale.

2.2 Community Advisory Group
The involvement of a community advisory group (CAG)
is an invaluable engagement method we are currently
using on the STEP project to establish continuity and
community representation throughout the project. We
recommend using the same approach for CSAP. Civic
Thread will convene a group of community advisors,
enabling trusted community leaders to meet with the
project team at key points throughout the project
process. Civic Thread will lead (with support from the
project team) up to eight CAG meetings throughout the
project to provide feedback on draft project deliverables and advise on engagement strategies. Group structure
and meeting frequency will be determined by the
availability of residents to participate but will follow a general structure:
• Session 1: CAG kickoff, discussion of vision and
goals, including target date for achieving zero
roadway deaths and percentage goal and timeline for
FSI reduction
• Session 2: Engagement strategy development and
discussion
• Session 3: Community transportation safety audit
planning and training
• Session 4: CAG co-hosted community
transportation safety audit
• Session 5: Draft existing conditions report,
prioritized countermeasures, and implementation
matrix discussion
• Session 6: Engagement summary report-back
• Session 7: Draft plan review
• Session 8: Final plan review and public comment
workshop
Civic Thread will lead the application and recruitment
process to convene the CAG comprised of trusted
leaders, residents, advocates, and community-based
organizations reflective of West Sacramento’s diverse
communities. An application will be developed in English, Spanish, Russian (and/or Ukrainian) to gauge applicants’ community affiliations, ties to West Sacramento, and
motivations for wanting to participate in the CAG. The
application will be promoted through robust digital
outreach campaigns and flyer distribution at key
community destinations. Civic Thread will lead the
initial review of application responses and provide
recommendations on the final CAG roster to the project
team with a core focus on representation from West
Sacramento’s DACs.

2.3 Stakeholder Interviews
To better understand existing needs and ensure the
prioritization criteria and final CSAP are reflective of community values, Civic Thread will coordinate up to
ten targeted community meetings with key partners, as
identified in the CEP. These intimate listening sessions will provide an opportunity to understand barriers to safe
mobility and may include the following key stakeholders:
• Trusted community-based organizations
• Neighborhood associations
• Disability rights organizations
• Active transportation advocates
• School districts
• Youth groups
• Organizations serving older adults
• Institutional partner agencies/organizations
• Faith groups
• Trusted multilingual partners and cultural brokers
Stakeholder interviews will include institutional partners the City envisions inviting to the CSAP Implementation
Team to ensure coordination and progress on
implementation in years to come.

2.4 Community Transportation Safety Audits
Civic Thread will leverage the walk audit processes and community knowledge from STEP and Safe Routes to
School to conduct three community transportation
safety audits in Phase 1 of the Community Engagement
Plan: two traditional safety audits and one utilizing a structured “DIY” or asynchronous approach. The two
traditional safety audits will be facilitated by Civic
Thread staff with support from the CAG and the project
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team. Audit locations will be informed by prior project walk audit locations and other Phase 1 activities,
including the collision analysis, stakeholder interviews, community survey, and CAG convenings. Transportation
safety audits and workshops will be planned in close
partnership with CAG to ensure broad community reach
while also centering high-priority communities, including residents of West Sacramento’s disadvantaged and
multilingual communities, youth, older adults, BIPOCidentifying individuals, and people with disabilities.

The DIY safety audit will be designed to create
opportunities for residents to participate if they’re
unable to join the other two safety audits and to reach a wider audience. Participating community members will
walk/roll independently along a self-designated route
and share feedback via a QR code or link to an interactive map and platform. Guiding prompts will be provided to
ensure feedback is solicited effectively.

2.5 Community Survey
Civic Thread and Nelson\Nygaard will develop a
community survey during Phase 1 that will serve as
a complement to the walk audits and community
workshop to ensure a broad reach of input. The survey
will be deployed using Maptionnaire, a map-based
survey engagement platform, allowing us to gather
location-specific community input around safety
challenges and barriers, specific areas of concern, and what countermeasures are desired. This data can then
be layered with collision data to gain an understanding of the safety concerns in the community that may be
missed if looking only at collision history, as seen (right) in Nelson\Nygaard’s ongoing work with the City of
Mountain View.

We will promote the survey through project team
communication channels, such as newsletters or social
media, stakeholder and community-based organization
communication channels as well as via lawn signs, City
mailing lists, and utility mailers. The in-person and
self-guided transportation safety audit (Subtask 2.3)
will also support survey promotion at community events
and/or high traffic locations via QR code signage and
project informational materials. The digital survey will be available in English, Spanish, Ukrainian, and/or Russian.

Translated print copies will also be available at the
community walk audits and distributed to stakeholders
upon request for broader accessibility.

2.6 Community Workshops
Civic Thread will partner with trusted community-based
organizations to hold two community workshops, one
during Phase 2 and one during Phase 3 of the CEP.

Workshops may take the form of traditional meetings,
community listening sessions, or community capacity
building training as recommended by the CAG and key
stakeholders. Civic Thread will coordinate with trusted interpreters to provide live interpretation and translated materials in culturally relevant languages including but not limited to Spanish, Ukrainian, and/or Russian.

The Phase 2 workshop will center on ground-truthing
themes that emerged from Phase 1 engagement activities
and gathering feedback on draft prioritization criteria to be used in the prioritized countermeasures and
implementation matrix (Task 5). The Phase 3 workshop will center around review and comments on the draft CSAP
document for incorporation into the final CSAP.

2.7 Pop-Ups
To eliminate barriers to participation in the CSAP process, Civic Thread will coordinate up to six in-person or virtual pop-ups in Phases 2 and 3 to create opportunities for
community members to engage in the formats and
spaces that are most comfortable or convenient to them.

Pop-up events could occur at existing community events, culturally relevant commercial sites (e.g., supermarkets), high-frequency transit stops or trails, or virtual pop-up meetings. Civic Thread will work closely with the CAG and trusted multilingual and community-based-organization
partners to ensure the project team is effectively
reaching high priority populations, including low-income individuals, multilingual communities, BIPOC-identifying individuals, older adults, and people who rely completely on active or public transportation.

Nelson\Nygaard is layering collision data with survey input to gain a holistic understanding of safety in Mountain View, CA.

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2.8 City Council and TMI Commission
Presentations
Having the support and buy-in of City Council and the
TMI for the CSAP is critical to successful implementation of the projects and strategies identified in the plan. City Council’s public commitment to the goals of the plan is a necessary outcome of the project; it is critical that we keep them and TMI engaged and apprised of the
project activities and findings. The project team will
attend up to three City Council meetings and two TMI
meetings throughout the duration of the project and
provide support to City staff as needed for additional City Council and TMI meetings. The first of these hearings
will introduce the project to the City Council, seek its input, and obtain a preliminary commitment to setting a goal and timeline for eliminating roadway fatalities and serious injuries. At the second hearing, our team will
present the draft CSAP for comment. At the final hearing, the we will present the final CSAP for adoption, including the commitment to the CSAP goal. We will support the
preparation of project materials and the presentation of project activities to date.

2.9 Community Engagement Summary Report
To ensure both the CSAP and prioritization criteria are rooted in community values, Civic Thread will lead the
development of an engagement summary. The report
will be designed to compile all feedback received
from the engagement activities and will support the
development of the final CSAP. The summary will include demographic information, highlight key areas of concern and opportunity, and demonstrate how the feedback
received was incorporated into the prioritization criteria and plan. This summary will be useful not only for the
CSAP but also for future grant applications for which
demonstrating inclusive and comprehensive community
engagement is a critical component to success.

Task 2 Deliverables:
‡ CEP
‡ CEP Summary Report on the public input received and how it will be incorporated into the planning process and final CSAP ‡ Agendas, presentation materials, and meeting minutes for up to eight CAG meetings
‡ Promotional materials (in English and target languages) for up to six pop-ups, up to two community workshops, and up to three community transportation safety audits
‡ Agendas, presentation materials (in English and target languages), and meeting minutes for up to two community workshops and up to three community transportation safety audit
‡ Engagement summary memos and event photos for up to ten stakeholder interviews, up to two workshops, up to six pop-ups, and up to three community transportation safety auditsComplete list of survey questions and one survey summary report
‡ Supplemental presentation and facilitator materials for up to two City Council meetings and one TMI commission meeting Task 3: Assessment of Collision Data
and Existing Practices
Understanding the transportation safety risks within
West Sacramento is a foundational piece of the CSAP,
enabling the City to act proactively in safety planning—a key principle of the Safe System Approach. Nelson\
Nygaard will conduct a systemic safety analysis that
focuses on understanding the risk factors associated
with historic collisions, particularly FSI collisions, to support citywide investments in countermeasures that
could prevent collisions from happening at these and
similar locations in the future. This analysis will help to identify a high injury network (HIN) and a suite of
countermeasures that can be implemented to reduce
the risk of FSI, which we will researche in Task 4 and
prioritize in Task 5.

Current policies, plans, guidelines/standards, and
operational practices will also be reviewed as part of this overall task, along with best practices from a sample
of peer cities/regions, to understand and improve how
processes prioritize transportation safety. The findings from this review will also identify strategies to consider in the prioritization process described in Task 5. This analysis can help to establish a transportation safety
culture in West Sacramento, which prioritizes the safe
movement of all road users across the city.

Lastly, we will help build capacity within the City by
creating a systemic safety analysis tool and training to enable the City to monitor and publicly report progress towards the short- and long-term safety goals described in the CSAP.

While this technical analysis is underway in Task 3, the engagement activities identified in Task 2 under Phase
1 will be conducted in parallel. Three community walk
audits and the Maptionnaire community survey will be
conducted to gather the community’s input and lived
experience traveling throughout West Sacramento,
and the CAG will be engaged through meetings, walk
audits, and survey promotion. We will also engage
stakeholders, TMI, and City Council to provide input
on current conditions and best practices related
to safety in West Sacramento and the region. The
multifaceted engagement activities and disaggregation
of the technical data will ensure the experiences and
voice of those who are traditionally underserved and
disproportionately impacted by traffic risks are seen,
heard, and acted upon.

3.1 Systemic Crash Analysis
Building on the 2018 SSAR, Nelson\Nygaard will gather
up to 10 years of reported crash data from the California Statewide Integrated Traffic Record System (SWITRS)
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developed by SafeTREC at UC Berkeley, along with any
locally available sources such as hospital trauma data. Ten years of data will allow us to overlap with the time period used in the previous safety analysis.

We will join the crash data with the GIS roadway, land
use, and health data already in our possession and
processed as part of our current work on STEP. We will
verify the type and recency of the data we have, ensuring it includes all public and, where possible, private
roadways. We will add any additional data available that we may not yet have to supplement our understanding of
reported crash and party data, such as traffic volumes, roadway speed limits and recently conducted speed
studies, lane geometrics and roadway widths, street
classifications, traffic control types, signal phasing, street lighting, pedestrian lighting, bikeway availability and types, trees, transit stops with boarding and alighting data, and adjacent land uses. We will also note what data is not available but would be useful for the City to have in the future for safety assessments.

Data Processing
Our goal is to develop a database that connects collision data with environmental, roadway, traffic, and health
outcome data specifically relevant to severe injury and fatal collisions, allowing for a detailed analysis of trends and contributing factors. This will set the foundation
for identifying the HIN and elevating the root causes
of crashes generated by people’s mistakes and road
characteristics.

We expect to do some post-processing of the data to
accurately identify which of the parties involved are
people walking or bicycling (to understand direction of travel, as the movements of bicyclists and pedestrians
are more fluid than motor vehicles) and to develop
a decision rule for identifying pedestrian-crossing
locations relative to crosswalks, as many pedestrian
crashes occur near, but not, in a crosswalk. This
additional post-processing is required because collision report forms are uniquely suited to understanding
the nature of collisions involving only vehicles and
their drivers but not as useful for understanding the
contributing factors to collisions involving people
walking and bicycling. Finally, the database will be
sensitive to changing roadway characteristics over
time, such as presence or absence (as well as quality)
of walkways, bikeways, and transit or the installation
of traffic signal and median improvements in response
to the 2018 SSAR so that the roadway conditions at the
time of the collision are accurate.

Crash Analysis
To develop a typology of the most commonly occurring
collisions and potential solutions, the collision analysis will investigate trends that can inform the plan:
• Knowing who is involved in collisions (e.g., age and
race/ethnicity of involved parties, victim/party mode
and/or vehicle type) can inform strategies for targeted educational outreach and safety messaging campaigns
that reach people who are disproportionately
represented in FSI crashes.
• Knowing when collisions are happening (e.g.,
time of day or year), combined with the high-crash
corridor analysis, can inform strategies for tools
such as automated enforcement or lighting.
• Knowing where collisions are occurring (e.g.,
intersections vs. midblock, proximity to transit
stops, roadway characteristics such as number of
lanes) can inform countermeasure selection, policies
such as reduced speed limits, and safety messaging
related to safe and legal use of the bicycle, vehicle,
and pedestrian networks.
• Knowing why collisions are happening (e.g.,
primary and contributing collision factors, such
as speeding, distraction, and red-light running, or
movement preceding collision by traffic control
type) can inform the linking of issues to appropriate
countermeasures.

The identification of at-risk location types and road
users will be conducted based on the following:
• Documented safety risk factors, such as number of
lanes, excessive speed, transit stop presence.

Join transit proximity,
roadway characteristics,
and demographic
information to crash data
Define HIN (using highest
collisions-per-mile or other
approved method)
Download and postprocess data
Create locally specific
crash typology
Summarize hotspot and
crash trends in easyto-understand format,
illuminating inequitable
safety and mobility issues
Identify systemic risk factors
present across region
Conduct disaggregated
crash analysis for bicycle,
pedestrian, and transitinvolved crashes
Recommend Safe System
enhancements responsive
to identified systemic
issues and for priority
HIN locations
Figure 3: Existing Conditions and Crash Analysis Process West Sacramento CSAP | #23-053-RFP
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• Intersection or roadway attributes, demographic
characteristics, and land use patterns that are
overrepresented in West Sacramento’s historic crashes
After the potential risk factors have been identified, we will evaluated to determine whether the characteristics exhibit a relationship to future crash potential. Those that are positively correlated will be selected as risk factors.

Descriptive statistics will be used to compare the
proportion of locations where the location characteristics exist with the percentage of severe crashes that have
that characteristic. As an example, from the FHWA
Systemic Safety Project Selection Tool, a review of the intersection database might reveal that only 10% of an
area’s unsignalized intersections are skewed, yet more
than 40% of severe, unsignalized crashes occurred at
skewed intersections. This would indicate that skewed
intersections are overrepresented in severe crashes. The resulting impact on the risk-based crash network would
be to include skewed intersections as a risk factor for use in prioritizing locations.

A systematic analysis recognizes that crash density alone is insufficient for identifying risk, especially in places where vulnerable road user activity (i.e., pedestrian,
bicycle, or motorcycle) is high. This analysis provides the basis for short- and long-term countermeasures,
as roadway elements that have been overrepresented
in FSI crashes can be gradually phased out of the city’s landscape altogether, even at locations that have not yet experienced severe or fatal collisions, thereby building safety into maintenance and operations decisions.

3.2 High Risk and High Crash Networks
This subtask includes the identification of a HIN via a targeted analysis that will assist the City in developing a prioritized project list and elevating programs,
policies, and practices that address locations and safety conditions that account for a disproportionate number
of reported severe and fatal crashes.

Nelson\Nygaard’s approach to identifying the HIN
responds to the values of its clients. In some places, all road-user FSI crashes are equally weighted while, in other communities, the outcomes of crashes involving people
walking are a priority. A common approach is to weight
crashes in accordance with severity and aggregate them
within sliding, one-mile segments of street corridors to find the streets with the highest number of collisions
per mile. This can also be adjusted to focus first on
communities that have been underinvested in. Through
an iterative process, we will use a threshold to identify a limited number of street segments that account for the
majority of FSI crashes.

Once the HIN is identified, we will create a summary
table of intersections and street segments with
the location name, number of collisions and level of
severity, and predominant collision types as well as a
series of columns to identify each risk factor present
(from the risk analysis above) to inform the selection of appropriate countermeasures described in Task 4. This
table and associated maps will define the HIN.

The findings of the systemic safety analysis will be
overlayed with the HIN, creating the opportunity to
identify top risk factors at high-crash locations.

3.3 Best Practices Review
As part of the first meeting of the PDT, Phase 1
engagement, and meetings with the City’s project
manager, we will identify potential key issues in West
Sacramento that may be undermining its safety goals.

Potential topics of consideration include lack of marked crosswalk spacing guidelines, outdated standards, or
insufficient enforcement capacity. Once the key topics
and questions are illuminated, Nelson\Nygaard will
suggest up to ten cities or associations with which to
conduct a safety action plan review and interviews. The project management team will vet the suggestions to
narrow the list down to the five that are most transferrable to West Sacramento in terms of city size, staffing,
land-use patterns, or other factors. The research will be targeted on helping to answer the key questions identified by the PDT and engagement activities. This review is an important complement to Subtask 3.3.

3.4 Policy, Plan, Guidelines, and Standards
Gap Analysis
An effective safety action plan requires both data-driven decisions and the flexibility to implement future actions not explicitly outlined in the plan. Through our work for this task, we will create a framework that makes hard decisions easier for elected and appointed stakeholders in West
Sacramento by recommending policies, actions, guidance, and standards changes that align with community
sentiment, best safety practices identified in Subtask 3.4, and state and federal safety program guidance.

Nelson\Nygaard will review City documents and operations practices to assess their alignment with best practices and state and federal safety imperatives. Potential
areas of study include STEP, the Mobility Action Plan,
the Climate Action Plan, SSAR, the Pedestrian, Bicycle, and Trails Master Plan, the General Plan, crash reporting procedures, zoning ordinances, and the City’s public works standards and countermeasure installation guidelines.

This work will highlight the safety-related elements of adopted documents and related initiatives and identify
how they can better tie to predominant collision types and risks and proven or promising safety countermeasures.

We will also screen for racial equity and positive health outcomes. We will document concerns from the public and the CAG regarding unintended upstream and downstream
consequences of existing policies and procedures.

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After our team catalogs the existing policies and practices that contribute or distract from reaching zero fatal
and serious outcome crashes, we will recommend the
most effective approach for filling in missing elements, amplifying existing ones, and eliminating those that are undermining Safe Systems for all in West Sacramento.

This work will include a discussion of the space between the City’s safety vision and current state, an examination of relevant factors involved in the gap, and specific actionoriented proposals to influence these factors. We will use the Racial Equity Toolkit from the Government Alliance
on Race and Equity as the framework for confirming that proposed changes will have positive health, economic, and mobility outcomes for those who need them most. The
result will be a matrix illustrating policy, plan, legislative, standard changes, and procedural language that should be considered in future plans or as amendments to current
documents. This matrix will be part of the implementation matrix described in Task 5.

3.5 Systemic Safety Analysis Tool
Two important components of the project are the (1)
development of a management structure that will take
ownership of the CSAP and ensure its recommendations
are implemented over time and (2) monitoring and public communication of progress towards goals. Understanding
and updating the systemic safety analysis and HIN on
a regular basis is one of many ways to achieve these
goals. To support this, Nelson\Nygaard will document
the methodology used in the systemic safety analysis and develop a self-guided tool or training that will allow staff to recreate and update the analysis in-house. This tool will also enable the staff to recreate graphics and produce an annual report showing progress towards the CSAP goals.

3.6 Safety Dashboard (Optional)
Nelson\Nygaard will create an ArcGIS online dashboard
to digitally display collision data with select collision attributes on the city’s website, using aspects of the
methodology described in Subtask 3.5. The HIN and risk
focus areas will be included in the dashboard as elements that can be toggled on or off for public or staff-facing use.

Up to five digital tables or charts representing progress on key performance indicators identified with the PDT
and the community will be documented, allowing the City to show progress on achieving its safety goals via select outcome and output measures.

Task 3 Deliverables:
‡ Report on collision data and existing practices (draft for review during the project, then as a chapter within the CSAP)
‡ Tool or methodology to recreate crash distribution with available data on an annual basis (draft for review during the project, then as a chapter within the CSAP)
‡ Optional: Safety dashboard
Task 4: Research on Effective Safety
Countermeasures

4.1 Countermeasures Identification and Report
Nelson\Nygaard will identify a comprehensive set of
countermeasures that can reduce the risk of FSI crashes in West Sacramento utilizing the findings from the
systemic safety analysis conducted in Task 3 and the
Phase 1 engagement activities noted in Task 2, both of
which incorporate equity in their processes and analysis.

Countermeasures may include but not be limited to
physical infrastructure improvements, policy, standards and guidelines recommendations, organizational practice and operations recommendations, and programmatic
interventions. The countermeasures will address the
various crash types that are prevalent or anticipated
in West Sacramento as well as traveler behavior and
operational safety conditions in the city that can be
reduced or eliminated through implementation of
countermeasures. The countermeasures will also reflect
what is learned from community engagement in terms of
what community members want to see and do not want to
see in various areas of the city, and where education may be needed to increase awareness and understanding of
how a countermeasure may work and the impact it may
have. Figure 4 (p. 22) presents an example of a potential countermeasure list to address crash types from a recent systemic safety analysis. Caltrans and FHWA’s Proven
Safety Countermeasures list and Safe System Approach
guidance will serve as a starting point for countermeasure identification, but we will also look to other materials such as NACTO’s design guides and ITE’s Quick Bites and Reports for the recent evaluations of countermeasures,
along with state-level guidance from the Caltrans Local Roadway Safety Manual, Highway Design Manual, Caltrans
Design Information Bulletins, and the California Manual on Uniform Traffic Control Devices.

Project types developed from these analyses often focus on creating separation in time and/or space between
various road users to reduce conflict points and may
include intersection enhancements that increase
visibility and/or reduce crossing distances, road diets, signal phasing changes, median refuge islands, lane
channelization or restriping, or the use of innovative
technology. The draft analysis of countermeasures will
be summarized in a draft existing conditions report
and will include a description of each countermeasure,
supporting documentation, feasibility considerations,
and, if applicable, example locations in West Sacramento that may be appropriate for their application.

The City’s project manager will provide the initial
administrative review. Nelson\Nygaard will then
present the draft report to the PDT for comment.

The PDT will take ownership of the CSAP as the CSAP
Implementation Team, including implementation of the
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countermeasures, so it is important to have their input, support and buy-in to the countermeasures proposed.

We will also seek external stakeholder comments,
particularly from institutional/partner agencies such as but not limited to SACOG, Yolo County Transportation
District, and Caltrans, whose coordination on
implementation of countermeasures may be critical and
who may also be part of the CSAP Implementation Team.

A final existing conditions report will be prepared after review of comments. Our budget reflects one round of
revision with each deliverable in this task and assumes the City’s project manager will facilitate administrative and stakeholder review to reduce conflicting comments.

Figure 4: Potential Countermeasures list by
Common FSI Crash Types

COMMON FSI CRASH TYPE POTENTIAL COUNTERMEASURES
Driver making left turn
and pedestrian crossing
in crosswalk at signalized
intersection
• Pedestrian signal improvements
(leading pedestrian interval and
decreased walking speed)
• Protected left turn
• Curb radius reduction or extensions
• High-visibility crosswalk
• Median and crossing island
• Protected intersection
Driver proceeding straight
and pedestrian in crosswalk
at two-way stop-controlled
intersection
• Curb radius reduction or curb
extensions
• High-visibility crosswalk
• Median and crossing island
• Rectangular Rapid Flashing Beacon
• Pedestrian hybrid beacon
• Access management
Driver proceeding straight
and pedestrian crossing
between intersections
• Curb extensions
• High-visibility crosswalk
• Median and crossing island
• Rectangular Rapid Flashing Beacon
• Pedestrian hybrid beacon
Bicyclist proceeding
straight broadsided by
motor vehicle at signalized
intersection
• Protected left turn
• Median and crossing island
• Bike signal phase
• Bike treatments at intersections
• Protected intersection
Bicyclist involved between
intersections
• Class IV protected bike lanes
• Road diet
• Bicycle boulevard
• Access management
Motor vehicle broadside
between intersections
(assumed to be at driveways)
• Road diet
• Access management
Motor vehicle runs off road
and/or wrong side of road
• Improved lighting, extensions lines,
and signage
Alcohol or drug intoxication • Impaired driving policies Unsafe speed • Curb radius reduction or extensions
• Road diet
• Reduce Speed Limits by 5 mph per
CA MUTCD 2B.13
• 25 MPH Business District per CA AB 43
• Traffic calming measures
• Improved lighting, extensions lines,
and signage
Task 4 Deliverables:
‡ Draft existing conditions report (including all data gathered up to this point) for administrative review
‡ Draft existing conditions report (including all data gathered up to this point) for stakeholder comment
‡ Final existing conditions report
Task 5: Prioritized Countermeasures
and Implementation Matrix
Action is key to the CSAP, and a commitment to
implementation is a critical component in the overall CSAP process. The prioritization process and implementation
matrix are designed to produce a list of projects and
strategies that span infrastructure, policy, programs,
and operations and that the City can truly commit to
implementing through the CSAP Implementation Team to
reduce FSI and achieve the overall goal of zero roadway deaths.

5.1 Prioritization Process
The prioritization process begins with an understanding of agency and community values, priorities,
practices, and policies related to project and program
development. This understanding is especially important to ensure the projects, countermeasures, and strategies identified in this step fit with local practices. The data gathered and the conversations held with the PDT, the
CAG, and the public through engagement activities
in Phase 1 will help to shape the prioritization criteria used in evaluating potential countermeasures, projects, and strategies. We will also review and discuss the
prioritization criteria used in previous City and regional projects or initiatives, such as the prioritization
methodology we developed with the City for STEP,
which centered equity in the prioritization process, and/ or SACOG’s 2020 Metropolitan Transportation Plan/
Sustainable Communities Strategies Environmental
Justice Areas. There are benefits to consistency in
criteria across projects from a funding and monitoring
standpoint, but the decision should come down to
applicability rather than efficiency.

Criteria may include, but will not be limited to, the
following:
• Demand/generator factors: Volumes of pedestrians
and bicyclists, proximity to key destinations such as
parks, schools, commercial areas and transit
• Deficiency factors: HIN, traffic volumes, posted
speed, number of lanes, number of collisions/
severity of injuries, collision patterns
• Equity and Health factors: BIPOC, low-income,
zero-vehicle households, disadvantaged community
designation (SB 535), neighborhoods or areas of high
transit dependency, severely housing cost–burdened
households, households with youth or older adults,
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persons with disabilities, health conditions such as
asthma, type 2 diabetes, and cardiovascular disease
• Implementation factors: Timeline, funding sources,
costs, benefits/impacts, commitment of supporting
and/or partnering agencies, culture, leveraging
complementary projects/initiatives
• Alignment with city, regional and/or statewide
transportation, health, climate and safety goals
Through an iterative process with the City, PDT, CAG,
stakeholders, and the community, we will refine the
criteria and the prioritization methodology, determining how criteria are used in the process (e.g., scoring,
weighting, or non-scoring review criteria) and how
criteria and the process may vary when evaluating
physical infrastructure projects versus policy,
programmatic, and/or operations strategies.

5.2 Implementation Matrix and Plan
The prioritized list of countermeasures, projects, and
strategies will be summarized in an implementation
matrix. The matrix will contain descriptions and details such as timeline, plans, and processes for implementation as the City performs regular maintenance work and
upgrades of the street network (which may be an
operations change that is elevated in Task 3). The
matrix will also outline potential partners and support (e.g., funding), performance measures for monitoring
progress and the Safe System Approach element the
project and/or strategy is based on (safe road users, safe vehicles, safe speeds, safe roads, and post-crash care).

For the top five infrastructure projects, we will prepare detailed project cut sheets and plan views, such as those required for the California Transportation Commission
Active Transportation Program grant applications.

Community members will be engaged in the prioritization process and the implementation matrix and plan
through multiple channels, such as the CAG meetings,
stakeholder interviews, a community workshop, and
pop-up events (as described in Task 2). Additionally, we anticipate presenting to TMI and possibly City Council
during this phase of the project.

Task 5 Deliverables:
‡ Prioritized countermeasures and implementation matrix ‡ Plan views and details on five potential infrastructure projects for use in grant funding applications
safe speeds safe roads safe road users
post-crash care safe vehicles
The implementation matrix will organize prioritized projects by the crucial Safe System Approach elements they address.

Task 6: CSAP
Nelson\Nygaard brings a strong visual communications
team to every project. One of the strengths of our work is our ability to communicate complex concepts in
approachable language and graphics, which help move
ideas forward.

We will prepare a graphics-rich CSAP, designed for the
layperson, that tells the story of transportation safety in West Sacramento and the City’s commitment and plan
to reduce the rate of FSI, with the ultimate goal of zero roadway deaths. The final CSAP will include, but not be limited to, the following contents:
• An executive summary that relays all pertinent
information in an easy-to-follow, concise and graphic
format. The executive summary will highlight the
vision, goals, and Safe System Approach; the public’s
involvement in the CSAP development through a
comprehensive and inclusive engagement process;
the major findings from the systemic safety analysis;
the prioritized strategies to improve safety and
reduce FSI through physical infrastructure, policy,
behavioral and operations efforts; and plans for
implementation. It will be designed to introduce the
CSAP but also to stand alone.
• The City Council’s commitment to achieving
the ambitious goals identified throughout the
CSAP process and to the creation of the CSAP
Implementation Team. This will be formatted as part
of the final plan as well as a stand-alone resolution.
• A detailed summary of the engagement process,
designed to address historical injustices in the
development of the transportation system through
its comprehensive and inclusive approach.
• A description of the responsibilities of the City’s
CSAP Implementation Team and of each member.
• A description of the process and key findings from
the systemic safety analysis.

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• A description of each countermeasure proposed in
the implementation program.
• The prioritization method and the implementation
matrix, which will highlight the Safe System Approach
and the breadth of projects, countermeasures and
strategies across policy, infrastructure, behavioral
and operations. The matrix will also include the city’s timeline and methods for implementation.
• Schematics of priority physical countermeasures.
• A chapter on progress and transparency that
describes the key performance measures and the
methods to measure progress over time as the CSAP
is implemented.

Technical deliverables from previous tasks will be
packaged as appendices. We have budgeted for the
translation of the executive summary and the City Council declaration into Spanish, Ukrainian, and/or Russian.

Plan production will occur over several months, allowing for multiple drafts, review cycles (at least one week of review by the City and two weeks of stakeholder review
for each draft) and input from the City, stakeholders,
and the community. Phase 3 of community
engagement (Draft Plan Ground-Truthing) will begin
at approximately the time the administrative draft is
available for review (anticipated April 2025) and will
focus on presenting drafts of the CSAP through diverse
online and in-person opportunities and gathering
comments from stakeholders to ensure feedback
from prior engagement phases were appropriately
and authentically incorporated. We anticipate a draft
final CSAP to be ready in July 2025 for a 30-day public comment period prior to the City Council meeting on
the second Wednesday of August 2025, where the final
CSAP will be adopted.

Task 6 Deliverables:
‡ Outline of CSAP
‡ Administrative draft CSAP
‡ Draft CSAP
‡ Draft final CSAP
‡ Final CSAP
Task 7: City Council Approval

7.1 City Council and TMI Commission Approval
As discussed in Task 2, having the support and buy-in
of City Council and the TMI for the CSAP is critical
to successful implementation of the projects and
strategies identified in the plan. The project team will provide technical assistance to City staff presenting at City Council and TMI meetings on CSAP throughout the
duration of the project. City Council and TMI commission presentations and support at meetings prior to the
final CSAP adoption are included as part of the Task 2
scope and budget. The project team’s time associated
with supporting staff in the development of the City
Council staff report for adoption of the final CSAP is
accounted for in this scope item. Final CSAP adoption is anticipated on or before the City Council meeting on the second Wednesday of August 2025 so that the project
is completed by September 3, 2025.

Task 7 Deliverables:
‡ Assistance on TMI Commission and City Council agenda report adopting the final CSAP plan
» Nelson\Nygaard will also attend the TMI commission and City Council meetings to provide technical support
Nelson\Nygaard brings a strong visual communications team to every project; our graphic summaries complement our final plans but can stand alone as informational materials.

WHY DOES HOBOKEN NEED
VISION ZERO?
Motor Vehicle
of pedestrianinvolved crashesof bicycleinvolved crashesof autoinvolved crashes Pedestrian Bicyclist
92% 5% 3%
Motor Vehicle*
60% Pedestrian
27% Bicyclist13%
There were 4,451 total crashes, 13 of which resulted in serious injury or death, between 2014 and 2018 on the streets of Hoboken. Many of these occurred at specific ‘high crash frequency intersections’ at major gateways to Hoboken.

Most crashes involve vehicles, but people walking or biking are much more likely to be injured or killed in crashes.

PREVENTABLE CRASHES ARE OCCURRING ON HOBOKEN’S STREETS
Impairments consist of alcohol use, drug use, medication use, illness, fatigue, or physical conditions.

IMPAIRED DRIVING

COMMON CRASH CAUSES AND LOCATIONS

VULNERABLE TRAVELERS CRASHES THAT RESULT IN SERIOUS INJURY OR DEATH People walking and bicycling are more likely to be severely injured or killed than those in a car.
31% 21%
OF THE TOTAL CRASHES OCCURRED DUE TO A 9% DRIVER IMPAIRMENT* OF THE TOTAL IMPAIRED CRASHES RESULTED 16% IN INJURY OR DEATH * 21% Alcohol Use and 68% Unknown Physical Condition
71% 30%
76% 67% 9%
of head on
auto-inlvolved
crashes
of right angle
auto-involved
crashes People walking and bicycling are involved in 8% of all crashes but 40% of those resulting in serious injury or death.

A large majority of bicycle and
pedestrian crashes occurred in
crosswalks at intersections.

Most bicycle crashes
occurred on a bicycle facility.

Driver inattention caused 71% of
preventable crashes .

Vehicles hitting parked cars
accounted for 30% of all crashes.

ALL CRASHES

CRASHES RESULTING IN SERIOUS INJURY OR DEATH
88% 63%
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EXHIBIT B
Schedule of Performance
364
2024 2025

FEB MAR APR MAY JUNE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG K = KICKOFF PMP = PROJECT MANAGEMENT PLAN PDT = PROJECT DEVELOPMENT TEAM CEP = COMMUNITY ENGAGEMENT PLAN D = DELIVERABLE A =ADOPTION OF FINAL CSAP Schedule of Work
TASK 1: PROJECT MANAGEMENT
TASK 2: STAKEHOLDER AND COMMUNITY ENGAGEMENT
TASK 3: ASSESSMENT OF COLLISION DATA AND EXISTING PRACTICES TASK 4: RESEARCH ON EFFECTIVE SAFETY COUNTERMEASURES
TASK 5: PRIORITIZED COUNTERMEASURES AND IMPLEMENTATION MATRIX TASK 6: COMPREHENSIVE SAFETY ACTION PLAN
TASK 7: CITY COUNCIL APPROVAL

K PMP PDT PDT PDT PDT PDT
CEP PHASE 1 PHASE 2 PHASE 3
D
DD D
D

D D D D D
A
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EXHIBIT C
Schedule of Fees
366
Kiara Reed David Moore Kathryn Canepa Xitlalitl Shafer
Senior Principal
2 Principal 1
Senior Associate
1 Associate 1 Principal 1 Associate 1
Senior Designer
1 Executive
Director
Project Manager
1 Project Manager
2 Project Assistant
Base Rate 295.00 215.00 160.00 120.00 215.00 120.00 160.00 Total Billing Rate $295.00 $215.00 $160.00 $120.00 $215.00 $120.00 $160.00 Hours Cost $117.60 $73.50 $74.36 $52.04 Hours Cost Task Description

1.00 Project Management

1.10 Project Management Plan 1.00 2.00 2.00 4.00 13.00 4.00 2,165.00 1.00 1.00 2.00 191.10 15.00 2,356.10 2,356.10

1.20 Kick-off Meeting 1.00 3.00 3.00 1.00 1.00 5.00 14.00 2,355.00 1.00 2.00 1.00 1.00 5.00 391.00 19.00 2,746.00 2,746.00

1.30 Project Management Meetings 5.00 36.00 36.00 5.00 5.00 5.00 92.00 17,250.00 3.00 18.00 11.00 32.00 2,493.76 124.00 19,743.76 19,743.76

1.40 Project Development Team (PDT) Meetings 3.00 15.00 15.00 5.00 5.00 25.00 68.00 11,185.00 3.00 15.00 2.00 14.00 34.00 2,332.58 102.00 13,517.58 13,517.58

1.50 Invoices & Progress Reports 10.00 20.00 30.00 5,350.00 20.00 10.00 30.00 2,213.60 60.00 7,563.60 7,563.60 Task Total 10.00 66.00 76.00 11.00 11.00 39.00 217.00 4.00 38,305.00 8.00 56.00 24.00 15.00 103.00 7,622.04 320.00 45,927.04 1,340.00 - 1,340.00 47,267.04

2.00 Stakeholder and Community Engagement

2.10 Engagement Program 2.00 2.00 4.00 750.00 3.00 14.00 4.00 25.00 46.00 2,980.24 50.00 3,730.24 3,730.24

2.20 CommunityAdvisory Group 4.00 8.00 16.00 2.00 8.00 38.00 6,660.00 5.00 55.00 15.00 65.00 140.00 9,128.50 178.00 15,788.50 15,788.50

2.30 Stakeholder Interviews 5.00 10.00 10.00 25.00 3,875.00 2.00 30.00 15.00 45.00 92.00 5,897.40 117.00 9,772.40 9,772.40

2.40 Community Transportation Safety Audits 5.00 5.00 8.00 18.00 2,835.00 3.00 40.00 6.00 67.00 116.00 7,225.64 134.00 10,060.64 10,060.64

2.50 Community Surveys 2.00 4.00 24.00 16.00 46.00 5,870.00 2.00 21.00 7.00 32.00 62.00 3,964.50 108.00 9,834.50 9,834.50

2.60 Community Workshops - - 3.00 37.00 6.00 65.00 111.00 6,901.06 111.00 6,901.06 6,901.06

2.70 Pop-ups - - 2.00 27.00 5.00 42.00 76.00 4,777.18 76.00 4,777.18 4,777.18

2.80 City Council and TMI Presentations 20.00 20.00 40.00 7,500.00 3.00 10.00 5.00 15.00 33.00 2,240.20 73.00 9,740.20 9,740.20

2.90 Community Engagement Summary Report 2.00 2.00 4.00 750.00 3.00 15.00 3.00 26.00 47.00 3,031.42 51.00 3,781.42 3,781.42 Task Total 4.00 44.00 59.00 26.00 - 42.00 175.00 - 28,240.00 26.00 249.00 66.00 382.00 46,146.14 723.00 898.00 74,386.14 2,680.00 17,861.00 20,541.00 94,927.14

3.00 Assessment of Collision Data and Existing Practices

3.10 Systemic Crash Analysis 5.00 16.00 10.00 40.00 8.00 5.00 84.00 13,635.00 2.00 6.00 5.00 4.00 17.00 1,256.16 101.00 14,891.16 14,891.16

3.20 High Risk and High Crash Networks 5.00 10.00 10.00 36.00 8.00 5.00 24.00 98.00 15,705.00 - - 98.00 15,705.00 15,705.00

3.30 Best Practices Report 4.00 8.00 16.00 40.00 68.00 10,260.00 - - 68.00 10,260.00 10,260.00

3.40 Policy, Plan, Guidelines and Standards Gap Analysis 4.00 4.00 4.00 8.00 24.00 44.00 7,280.00 - - 44.00 7,280.00 7,280.00

3.50 Systemic Safety Analysis Tool 8.00 8.00 16.00 30.00 4.00 66.00 11,100.00 - - 66.00 11,100.00 11,100.00 Task Total 26.00 46.00 56.00 106.00 28.00 74.00 360.00 24.00 57,980.00 2.00 6.00 5.00 4.00 1,256.16 17.00 377.00 59,236.16 - - 59,236.16 -

4.00 Research on Effective Safety Countermeasures

4.10 Countermeasures Identification & Report 4.00 8.00 16.00 24.00 8.00 22.00 12.00 94.00 14,620.00 11.00 5.00 11.00 27.00 1,752.74 121.00 16,372.74 16,372.74 Task Total 4.00 8.00 16.00 24.00 8.00 22.00 12.00 94.00 14,620.00 - 11.00 5.00 11.00 1,752.74 27.00 121.00 16,372.74 - - 16,372.74 -

5.00 Prioritized Countermeasures and Implementation Matrix

5.10 Prioritiztaion Process 4.00 8.00 20.00 24.00 8.00 8.00 72.00 11,660.00 2.00 3.00 3.00 5.00 13.00 938.98 85.00 12,598.98 12,598.98

5.20 Implementation Matrix & Plan 4.00 16.00 20.00 24.00 8.00 8.00 80.00 13,380.00 - - 80.00 13,380.00 13,380.00 Task Total 8.00 24.00 40.00 48.00 16.00 16.00 152.00 - 25,040.00 2.00 3.00 3.00 5.00 13.00 938.98 165.00 25,978.98 - - 25,978.98 -

6.00 Comprehensive Safety Action Plan

6.10 Outline of Comprehensive Safety Action Plan 2.00 4.00 6.00 1,070.00 - - 6.00 1,070.00 1,070.00

6.20 Administrative Draft Comprehensive Safety Action Plan 4.00 6.00 16.00 8.00 4.00 16.00 40.00 94.00 15,170.00 3.00 10.00 1.00 10.00 24.00 1,682.56 118.00 16,852.56 16,852.56

6.30 Draft Comprehensive Safety Action Plan 2.00 4.00 8.00 8.00 2.00 8.00 32.00 5,080.00 3.00 8.00 1.00 10.00 22.00 1,535.56 54.00 6,615.56 6,615.56

6.40 Draft Final Comprehensive Safety Action Plan 1.00 2.00 4.00 1.00 4.00 12.00 2,060.00 - - 12.00 2,060.00 2,060.00

6.50 Final Draft Comprehensive Safety Action Plan 1.00 2.00 4.00 1.00 4.00 12.00 2,060.00 - - 12.00 2,060.00 2,060.00 Task Total 8.00 16.00 36.00 16.00 8.00 32.00 156.00 40.00 25,440.00 6.00 18.00 2.00 20.00 3,218.12 46.00 202.00 28,658.12 - 2,000.00 2,000.00 30,658.12

7.00 City Council Approval

7.10 City Council and TMI Approval 6.00 6.00 12.00 2,250.00 3.00 3.00 220.50 15.00 2,470.50 2,470.50 Task Total - 6.00 6.00 - - - 12.00 - 2,250.00 - 3.00 - - 3.00 220.50 15.00 2,470.50 - - - 2,470.50 TOTAL HOURS 60.00 210.00 289.00 231.00 71.00 225.00 1,166.00 80.00 44.00 346.00 105.00 437.00 932.00 2,098.00 TOTAL LABOR COST 17,700.00 45,150.00 46,240.00 27,720.00 15,265.00 27,000.00 12,800.00 191,875.00 5,174.40 25,431.00 7,807.80 22,741.48 61,154.68 253,029.68 4,020.00 19,861.00 23,881.00 276,910.68 SUBCONSULTANT MARKUP 3,057.73 3,057.73 3,057.73
TOTAL COSTS 61,154.68 279,968.41
Task Description
1 Project Brand and Website 3 5 60 68 $11,045 1 3 10 2 16 $1,186 84 $12,231 $12,231 2 Safety Dashboard 15 20 20 80 10 40 60 245 $38,075 1 3 5 211 $814 256 $38,889 $38,892 TOTAL OPTIONAL TASK HOURS 15 23 25 80 10 40 120 313 2 6 15 4 27 340 TOTAL OPTIONAL TASK COST $4,425 $4,945 $4,000 $9,600 $2,150 $4,800 $19,200 $49,120 $235 $441 $1,115 $208 $2,000 $51,120 $0 $0 0 $51,123 TOTAL LABOR COST $22,125 $50,095 $50,240 $37,320 $17,415 $31,800 $32,000 $240,995 $5,410 $25,872 $8,923 $22,950 $63,154 $304,149 $4,020 $19,861 $23,881 $328,033 SUBCONSULTANT MARKUP $3,158 $3,158 $3,158
TOTAL COSTS WITH OPTIONAL TASKS $63,154 $331,191
Total Travel
Expenses
Total Misc.

Expenses
Total
Labor Costs
Total
Costs
Total
Direct Expenses
Nelson\Nygaard Labor Costs Subconsultant Costs
Total
Labor Hours
Drusilla van
Hengel

OPTIONAL TASKS
NN Labor
Civic Thread
Tracy McMillan Jolene Holland Asif Haque Michael Riebe Alec Edges Jungwha Yuh Civic Thread Labor
West Sacramento CSAP | #23-053-RFP
City of West Sacramento
367

EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANTS
By:

Jonathan Watts, Director of Operations
368

EXHIBIT E

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

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

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

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

4. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract. ☐ EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Construction or repair work. Select either Government Contracts or Federally Assisted Construction Contracts.
369
Criteria: Government Contracts
During the performance of this contract, the contractor agrees as follows

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

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

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

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

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

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

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

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

8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect 370
to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ☐ Criteria: Federally assisted construction contracts
Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

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

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

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

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

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

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

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 371

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

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

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

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

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

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

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

Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.
372
Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate.

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

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

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

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

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

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

2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment

☐ CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Criteria: Construction or Repair contracts >$100k involving employment of Mechanics or Laborers (does not apply to purchase or service contracts)

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less 373
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

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

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

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

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

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

1. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure 374
notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

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

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

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

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

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

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

7. This certification is a material representation of fact relied upon by the City of West Sacramento.

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

8. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. ☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used 375
Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the nonFederal award.

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

☐ PROCUREMENT OF RECOVERED MATERIALS
Criteria: All contracts over $10k where work involves the use of materials (J) §200.323 Procurement of recovered materials.

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

1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— 376

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

3. Meeting contract performance requirements; or

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

Criteria: Contracts related to telecommunications or video surveillance or equipment (K) §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471."
☐ Domestic preferences for procurements
Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 377
(2) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." 378
Cost
Proposal
D
23-053-RFP | nelson\nygaard consulting associates, inc. 379
Kiara Reed David Moore Kathryn Canepa Xitlalitl Shafer
Senior Principal
2 Principal 1
Senior Associate
1 Associate 1 Principal 1 Associate 1
Senior Designer
1 Executive
Director
Project Manager
1 Project Manager
2 Project Assistant
Base Rate 295.00 215.00 160.00 120.00 215.00 120.00 160.00 Total Billing Rate $295.00 $215.00 $160.00 $120.00 $215.00 $120.00 $160.00 Hours Cost $117.60 $73.50 $74.36 $52.04 Hours Cost Task Description

1.00 Project Management

1.10 Project Management Plan 1.00 2.00 2.00 4.00 13.00 4.00 2,165.00 1.00 1.00 2.00 191.10 15.00 2,356.10 2,356.10

1.20 Kick-off Meeting 1.00 3.00 3.00 1.00 1.00 5.00 14.00 2,355.00 1.00 2.00 1.00 1.00 5.00 391.00 19.00 2,746.00 2,746.00

1.30 Project Management Meetings 5.00 36.00 36.00 5.00 5.00 5.00 92.00 17,250.00 3.00 18.00 11.00 32.00 2,493.76 124.00 19,743.76 19,743.76

1.40 Project Development Team (PDT) Meetings 3.00 15.00 15.00 5.00 5.00 25.00 68.00 11,185.00 3.00 15.00 2.00 14.00 34.00 2,332.58 102.00 13,517.58 13,517.58

1.50 Invoices & Progress Reports 10.00 20.00 30.00 5,350.00 20.00 10.00 30.00 2,213.60 60.00 7,563.60 7,563.60 Task Total 10.00 66.00 76.00 11.00 11.00 39.00 217.00 4.00 38,305.00 8.00 56.00 24.00 15.00 103.00 7,622.04 320.00 45,927.04 1,340.00 - 1,340.00 47,267.04

2.00 Stakeholder and Community Engagement

2.10 Engagement Program 2.00 2.00 4.00 750.00 3.00 14.00 4.00 25.00 46.00 2,980.24 50.00 3,730.24 3,730.24

2.20 CommunityAdvisory Group 4.00 8.00 16.00 2.00 8.00 38.00 6,660.00 5.00 55.00 15.00 65.00 140.00 9,128.50 178.00 15,788.50 15,788.50

2.30 Stakeholder Interviews 5.00 10.00 10.00 25.00 3,875.00 2.00 30.00 15.00 45.00 92.00 5,897.40 117.00 9,772.40 9,772.40

2.40 Community Transportation Safety Audits 5.00 5.00 8.00 18.00 2,835.00 3.00 40.00 6.00 67.00 116.00 7,225.64 134.00 10,060.64 10,060.64

2.50 Community Surveys 2.00 4.00 24.00 16.00 46.00 5,870.00 2.00 21.00 7.00 32.00 62.00 3,964.50 108.00 9,834.50 9,834.50

2.60 Community Workshops - - 3.00 37.00 6.00 65.00 111.00 6,901.06 111.00 6,901.06 6,901.06

2.70 Pop-ups - - 2.00 27.00 5.00 42.00 76.00 4,777.18 76.00 4,777.18 4,777.18

2.80 City Council and TMI Presentations 20.00 20.00 40.00 7,500.00 3.00 10.00 5.00 15.00 33.00 2,240.20 73.00 9,740.20 9,740.20

2.90 Community Engagement Summary Report 2.00 2.00 4.00 750.00 3.00 15.00 3.00 26.00 47.00 3,031.42 51.00 3,781.42 3,781.42 Task Total 4.00 44.00 59.00 26.00 - 42.00 175.00 - 28,240.00 26.00 249.00 66.00 382.00 46,146.14 723.00 898.00 74,386.14 2,680.00 17,861.00 20,541.00 94,927.14

3.00 Assessment of Collision Data and Existing Practices

3.10 Systemic Crash Analysis 5.00 16.00 10.00 40.00 8.00 5.00 84.00 13,635.00 2.00 6.00 5.00 4.00 17.00 1,256.16 101.00 14,891.16 14,891.16

3.20 High Risk and High Crash Networks 5.00 10.00 10.00 36.00 8.00 5.00 24.00 98.00 15,705.00 - - 98.00 15,705.00 15,705.00

3.30 Best Practices Report 4.00 8.00 16.00 40.00 68.00 10,260.00 - - 68.00 10,260.00 10,260.00

3.40 Policy, Plan, Guidelines and Standards Gap Analysis 4.00 4.00 4.00 8.00 24.00 44.00 7,280.00 - - 44.00 7,280.00 7,280.00

3.50 Systemic Safety Analysis Tool 8.00 8.00 16.00 30.00 4.00 66.00 11,100.00 - - 66.00 11,100.00 11,100.00 Task Total 26.00 46.00 56.00 106.00 28.00 74.00 360.00 24.00 57,980.00 2.00 6.00 5.00 4.00 1,256.16 17.00 377.00 59,236.16 - - 59,236.16 -

4.00 Research on Effective Safety Countermeasures

4.10 Countermeasures Identification & Report 4.00 8.00 16.00 24.00 8.00 22.00 12.00 94.00 14,620.00 11.00 5.00 11.00 27.00 1,752.74 121.00 16,372.74 16,372.74 Task Total 4.00 8.00 16.00 24.00 8.00 22.00 12.00 94.00 14,620.00 - 11.00 5.00 11.00 1,752.74 27.00 121.00 16,372.74 - - 16,372.74 -

5.00 Prioritized Countermeasures and Implementation Matrix

5.10 Prioritiztaion Process 4.00 8.00 20.00 24.00 8.00 8.00 72.00 11,660.00 2.00 3.00 3.00 5.00 13.00 938.98 85.00 12,598.98 12,598.98

5.20 Implementation Matrix & Plan 4.00 16.00 20.00 24.00 8.00 8.00 80.00 13,380.00 - - 80.00 13,380.00 13,380.00 Task Total 8.00 24.00 40.00 48.00 16.00 16.00 152.00 - 25,040.00 2.00 3.00 3.00 5.00 13.00 938.98 165.00 25,978.98 - - 25,978.98 -

6.00 Comprehensive Safety Action Plan

6.10 Outline of Comprehensive Safety Action Plan 2.00 4.00 6.00 1,070.00 - - 6.00 1,070.00 1,070.00

6.20 Administrative Draft Comprehensive Safety Action Plan 4.00 6.00 16.00 8.00 4.00 16.00 40.00 94.00 15,170.00 3.00 10.00 1.00 10.00 24.00 1,682.56 118.00 16,852.56 16,852.56

6.30 Draft Comprehensive Safety Action Plan 2.00 4.00 8.00 8.00 2.00 8.00 32.00 5,080.00 3.00 8.00 1.00 10.00 22.00 1,535.56 54.00 6,615.56 6,615.56

6.40 Draft Final Comprehensive Safety Action Plan 1.00 2.00 4.00 1.00 4.00 12.00 2,060.00 - - 12.00 2,060.00 2,060.00

6.50 Final Draft Comprehensive Safety Action Plan 1.00 2.00 4.00 1.00 4.00 12.00 2,060.00 - - 12.00 2,060.00 2,060.00 Task Total 8.00 16.00 36.00 16.00 8.00 32.00 156.00 40.00 25,440.00 6.00 18.00 2.00 20.00 3,218.12 46.00 202.00 28,658.12 - 2,000.00 2,000.00 30,658.12

7.00 City Council Approval

7.10 City Council and TMI Approval 6.00 6.00 12.00 2,250.00 3.00 3.00 220.50 15.00 2,470.50 2,470.50 Task Total - 6.00 6.00 - - - 12.00 - 2,250.00 - 3.00 - - 3.00 220.50 15.00 2,470.50 - - - 2,470.50 TOTAL HOURS 60.00 210.00 289.00 231.00 71.00 225.00 1,166.00 80.00 44.00 346.00 105.00 437.00 932.00 2,098.00 TOTAL LABOR COST 17,700.00 45,150.00 46,240.00 27,720.00 15,265.00 27,000.00 12,800.00 191,875.00 5,174.40 25,431.00 7,807.80 22,741.48 61,154.68 253,029.68 4,020.00 19,861.00 23,881.00 276,910.68 SUBCONSULTANT MARKUP 3,057.73 3,057.73 3,057.73
TOTAL COSTS 61,154.68 279,968.41
Task Description
1 Project Brand and Website 3 5 60 68 $11,045 1 3 10 2 16 $1,186 84 $12,231 $12,231 2 Safety Dashboard 15 20 20 80 10 40 60 245 $38,075 1 3 5 211 $814 256 $38,889 $38,892 TOTAL OPTIONAL TASK HOURS 15 23 25 80 10 40 120 313 2 6 15 4 27 340 TOTAL OPTIONAL TASK COST $4,425 $4,945 $4,000 $9,600 $2,150 $4,800 $19,200 $49,120 $235 $441 $1,115 $208 $2,000 $51,120 $0 $0 0 $51,123 TOTAL LABOR COST $22,125 $50,095 $50,240 $37,320 $17,415 $31,800 $32,000 $240,995 $5,410 $25,872 $8,923 $22,950 $63,154 $304,149 $4,020 $19,861 $23,881 $328,033 SUBCONSULTANT MARKUP $3,158 $3,158 $3,158
TOTAL COSTS WITH OPTIONAL TASKS $63,154 $331,191
Total Travel
Expenses
Total Misc.

Expenses
Total
Labor Costs
Total
Costs
Total
Direct Expenses
Nelson\Nygaard Labor Costs Subconsultant Costs
Total
Labor Hours
Drusilla van
Hengel

OPTIONAL TASKS
NN Labor
Civic Thread
Tracy McMillan Jolene Holland Asif Haque Michael Riebe Alec Edges Jungwha Yuh Civic Thread Labor
West Sacramento CSAP | #23-053-RFP
City of West Sacramento
380
Attachment 2
RESOLUTION 24-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AUTHORIZING THE TRANSFER OF $27,966 FROM THE GENERAL FUND (FUND 107) FOR THE WEST SACRAMENTO COMPREHENSIVE SAFETY ACTION PLAN (CIP 16012).

WHEREAS, on June 20, 2023 the City of West Sacramento was awarded $280,000 in grant funding from the US Department of Transportation for the 2022 Safe Streets and Roads for All Program for the West Sacramento Comprehensive Safety Action Plan; and WHEREAS, staff advertised a Request for Proposals for consulting services to prepare the West Sacramento Comprehensive Safety Action Plan on OpenGov (an online procurement system) on September 6, 2023; and
WHEREAS, staff is recommending City Council to award a contract for professional services with Nelson\Nygaard Consulting Associates, Inc., in the amount of $279,969; and WHEREAS, additional funding of $97,997 is needed to fully support staff time and resources ($70,000), and a 10 percent contingency for the professional services contract ($27,997); and
WHEREAS, staff is proposing to transfer and additional $27,966 from the General Fund (Fund 107) to fully support the West Sacramento Comprehensive Safety Action Plan; WHEREAS, there are sufficient funds available in the sources identified to fund the additional appropriations as requested for this project; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

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

1. The City Council hereby approves amendments to the budget for the 2023-24 fiscal year as provided below:

SOURCES
$27,966 107-0000-3110 General Fund One-time
$27,966 400-9900-4990/400-16012-4990 Transfer into Project $27,966 Total Sources
USES
$27,966 107-9910-5950 Transfer out to Project
$27,966 400-9900-5530/400-16012-5800 Project Budget
$27,966 Total Uses
Note: Interfund transfers are excluded from the totals above to avoid duplication of costs.

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

3. This Resolution shall take effect immediately upon its adoption. 381
Resolution 24-13

PASSED AND ADOPTED by the West Sacramento City Council this 17th day of January, 2024 by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
382

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2024 ITEM # 11
SUBJECT:

CONSIDERATION OF RESOLUTION 24-8 AMENDING THE CAPITOL IMPROVEMENTS PROGRAM BUDGET FOR THE BRIDGE DISTRICT 2019 AND 2024 PLANS, AND RESOLUTION 24-9 REGARDING ACQUISITION OF 101 TOWER STREET, AND 1016 AND 1020 SOUTH RIVER ROAD
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Katie Yancey, Community Investment Manager
Economic Development and Housing
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to facilitate the City Council’s consideration of Resolutions 24-8 and 24-9 which would permit the City to acquire properties (101 Tower Street and 1016 and 1020 South River Road) that are currently listed for sale for a future phase of 5th Street roadway improvements in the Bridge District.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Find that the Bridge District Specific Plan Supplemental EIR is the appropriate level of environmental review for the acquisition of 101 Tower Street and 1016 and 1020 South River Road; and

2. Adopt Resolution 24-8 (Attachment 1) authorizing the transfer of $650,000 from the Casey/Grand Roadway Improvements project as described in the Bridge District 2019 Plan (CIP #15033) to the 5th Street Properties project as described in the Bridge District 2024 Plan (CIP #15013); and

3. Adopt Resolution 24-9 (Attachment 2) delegating authority to the City Manager to take any and all actions necessary to complete the city’s acquisition of properties located at 101 Tower Street and 1016 and 1020 South River Road (“5th Properties”).

BACKGROUND
The Bridge District is a planned 188-acre urban community located along the Sacramento River between the Tower Bridge to the north and the CEMEX property and Pioneer Bridge to the south. The Triangle Specific Plan (now known as Bridge District Specific Plan) was approved in 1993 and was visionary for its time, anticipating approximately 12.5 million square feet of residential, retail, and offices uses in an urban environment. In 2009, the Specific Plan was updated including a public financing plan intended to leverage public and private investment to support the high-density development planned. The Financing Plan differentiates between “Backbone” and “Supplemental” Improvements. The “Backbone” improvements must be financed and constructed to permit the full buildout of the District. The “Supplemental” improvements are also necessary to achieve the urban vision of the Bridge District, but can rely on more speculative sources of revenue. Dedicated financing districts were formed, CFD 27 and IFD 1, to efficiently use financial resources generated by development within the District to fund the necessary “Backbone” and “Supplemental” infrastructure.

The Specific Plan, development agreements and dedicated financing districts recognize the City’s role in carefully sequencing and prioritizing infrastructure, transit and park projects. Volume 1 of the Specific Plan provides that the City as master developer will act in concert with development plans, collaborate with property owners and identify relevant factors. Rather than approaching projects piecemeal, the Specific Plan Volume 1 provides that periodic five-year infrastructure development plans and their objectives can be provided in a standalone document. Generally, this has proven to be an efficient and effective approach for working with property owners and providing required information to City Council and bond consultants and counsel during debt issuance.

On December 8, 2021, the City Council adopted Resolution 21-83 amending the Capital Improvement Program (CIP) budget for the proposed 2024 plan projects. This budget appropriation of $10,150,116 in Fund 405, known as the 2024 Plan, included an allocation of $400,000 for acquisition additional properties along 5th Street between the Highway 50 Off-ramp and the Pioneer Bridge. A extract from the 2024 Plan describing this project (CIP #15013) and its location is provided as Attachment 3. On January 19, 2022, the City Council adopted Resolution 22-12 amending the CIP budget for the Riverfront Extension/5th Street Cycle Track project (CIP #15032) and transferred the $400,000 from the 5th Street project (CIP# 15013) to the Riverfront Extension/5th 383 Consideration of Resolutions 24-8 and 24-9- 5th Street Properties January 17, 2023

Street Cycle Track project to cover additional expenses associated with the award of the construction contract to Teichert Construction the same night.

ANALYSIS
The 2024 Plan report approved on December 8, 2021, in addition to outlining the next 5 years of capital expenditures in the Bridge District, summarized the 2014 and 2019 Plans’ status including the remaining Proposition IC residential commitments. The 2024 Plan noted that only one infrastructure project remained in progress from the 2019 Plan, the Riverfront Extension/5th Street Cycle Track which is anticipated to close out soon. However, there are several inactive projects from the 2019 Plan that were not included in the 2024 Plan’s summaries. The most notable was the Casey/Grand Street extension project (CIP #15033). The Casey/Grand Street extension project commenced in 2016. The project’s purpose was to design the roadways, process the permits for a new at-grade rail crossing at Casey, acquire land and complete CEQA for roadway improvements and to create a cul-de-sac at Delta Lane. These roadway improvements were included as required offsite improvements for West Gateway Place Phase 2, a 60-unit affordable housing project and a Proposition IC residential commitment. Because of this, CIP #15033 was no longer required for the offsite improvements.

The current balance of the Casey/Grand Street Extension project (CIP# 15033) is $1,800,158. Resolution 24-8 proposes to transfer $650,000 from that project to fund the 5th Street acquisitions (CIP#15013). If adopted, Resolution 24-8 would provide enough funds to cover the acquisition of the 5th Street Properties (shown on Attachment 4, Location Map) and all transaction costs. The remaining balance in CIP #15033 would be $1,150,158. This balance is anticipated to be sufficient to cover the reimbursement of land dedicated to the City for the future roadways pursuant to the mechanisms in the Bridge District Specific Plan detailed in Volume I, Chapter 3, and in Volume III, Chapter 7. The current timeframe for the construction of the Casey/Grand extension project is unknown and is expected to occur with the development of the adjacent vacant parcels.

On November 15, 2023, staff presented to the City Council in Closed Session and discussed price and terms for a potential offer for the 101 Tower St and 1016 and 1020 South River Road properties. The properties are listed with Lyon Real Estate. On December 14, 2023, the City Manager, under direction from the City Council, made a non-binding conditional offer for the three properties below the listing price. The offer was accepted.

Resolution 24-9 delegates authority to the City Manager to complete the acquisition of the 5th Street Properties subject to the approval of the City Attorney and the terms and conditions included in the nonbinding, conditional offer letter, provided as Exhibit A to the resolution.

Environmental Considerations
A Supplemental Environmental Impact Report (SEIR) was previously prepared for the Bridge District Specific Plan (BDSP) in accordance with the California Environmental Quality Act (CEQA), which was certified by the City Council. The previously certified SEIR is the appropriate level of environmental review for the acquisition of the 5th Street Properties because none of the items described in Section 15162 of the CEQA Guidelines warranting new environmental review of the project have occurred. Conditions that could warrant additional environmental review include substantial changes to the project; substantial increase in the severity of previously identified significant effects, or new information of substantial importance. The project as proposed is consistent with the BDSP and SEIR. The severity of environmental impacts from the project has not increased since the original SEIR was drafted, and no new substantial information has been received on the project since the SEIR was certified by the City.

Commission Recommendation
The Bridge District Specific Plan Volumes including Volume 3 providing the infrastructure, park and civic facilities and financing strategy were presented to the Planning and Parks, Recreation and Intergenerational Services Commissions during 2008 and 2009.

Strategic Plan Integration
The “Triangle Development Strategy” and “Urban Development Standards and Evaluation” were established within the Council’s 2007-08 Policy Agendas. A top priority for the City's 2008 Strategic Plan was development of urban development standards for engineering, planning and design enacted in the Bridge District Specific Plan and public financing mechanisms associated with the Bridge District, CFD 27 and IFD.

Alternatives
Alternatives to the recommended actions for the City Council include:

1. Decline to approve all recommended actions;

2. Direct staff to identify an alternative funding source; 384
Consideration of Resolutions 24-8 and 24-9- 5th Street Properties January 17, 2023

3. Delay all recommended actions to a later date; or
Alternatives 1 and 3 are not recommended as the non-binding conditional offer has been accepted below the listing price. Alternative 2 is not recommended as CIP #15033 is the only remaining 2019 Plan project with scope change and sufficient balance to cover the acquisition of the 5th Street Properties. None of the 2024 Plan projects have advanced far enough to make the same findings.

Coordination and Review
This report was prepared by the Economic Development and Housing Department and in coordination with Finance Department, City Manager’s Office and the City Attorney.

Budget/Cost Impact
Adoption of Resolution 24-8 only transfers funds within Fund 405 from CIP# 15033 to CIP# 15013. There is no appropriation increase associated with this action.

ATTACHMENTS

1. Resolution 24-8

2. Resolution 24-9

3. Extract from Bridge District 2024 Plan

4. Location Map
385
Attachment 1
RESOLUTION 24-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING THE TRANSFER OF $650,000 FROM THE CASEY/GRAND ROADWAY IMPROVEMENTS PROJECT AS DESCRIBED IN THE BRIDGE DISTRICT 2019 PLAN (CIP #15033) TO THE 5TH STREET PROPERTIES PROJECT AS DESCRIBED IN THE BRIDGE DISTRICT 2024 PLAN (CIP #15013)
WHEREAS, the collective Bridge District documentation provides the City’s role to collaborate with and consult the Bridge District property owners for timing and sequencing of public investments in “Backbone” and “Supplemental” Facilities eligible for investment from Community Facilities Financing District 27 and Infrastructure Financing District 1 bonding and ongoing revenues; and
WHEREAS, City staff and Bridge District property owners have completed consultation on the capital improvement projects subsequent to the adoption of the budget and are jointly proposing that the bond proceeds be invested in nine Capital Improvement Projects (2024 Plan) in Fund 405; and
WHEREAS, the City Council adopted Resolution 21-83 appropriating a total of $10,150,116 to nine Capital Improvement Projects in the 2024 Plan, and WHEREAS, upon the adoption of Resolution 22-12, one of the Capital Improvement Projects in the 2024 Plan, the 5th Street Properties project (CIP#15013), was defunded by $400,000 which was the total appropriation included in the 2024 Plan for that project; and

WHEREAS, the available balance in a 2019 Plan project, Casey/Grand Street extension (CIP# 15033) is $1,800,158 and the project scope and timing have changed since 2022, and the funds are no longer needed to construct the improvements for an affordable housing project; and
WHEREAS, properties located along 5th Street in the Bridge, (101 Tower St and 1016 and 1020 South River Road) were listed for sale and the seller has accepted a non-binding, conditional offer from the City Manager, provided as Exhibit A.

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

1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2023-2024 fiscal year as provided in the as listed below.

SOURCES
$650,000 405-9098-5530/405-15033-5800 Casey/Grand Street Project $650,000 Total Sources
USES
$650,000 405-9098-5530/405-15013-5800 5th Street Properties $650,000 Total Uses

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

3. This Resolution shall take effect immediately upon its adoption. 386
Resolution 24-8

PASSED AND ADOPTED by the West Sacramento City Council this 17th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
387
RESOLUTION 24-9
RESOLUTION 24-9 OF THE CITY COUNCIL DELEGATING AUTHORITY TO THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO COMPLETE THE CITY’S ACQUISITION OF PROPERTIES LOCATED AT 101 TOWER STREET AND 1016 AND 1020

SOUTH RIVER ROAD
WHEREAS, the City Council adopted Resolution 21-83 approving the Bridge District 2024 Plan, which includes the 5th Street Properties project (CIP #15013); and WHEREAS, 5th Street is a major Bridge District backbone facility and part of the 2014 Plan a substantial portion of the easterly facility was widened and reconstructed; this included undergrounding of utilities and installation of street lighting; and WHEREAS, as part of the 2019 Plan, a separated cycle track on the east side of 5th Street, Riverfront Extension/5th St Cycle project (CIP #15032) is nearly completed; and WHEREAS, these previous projects did not include the west side of planned 5th Street facilities since the City has not yet acquired all of the necessary ROW; and WHEREAS, 101 Tower Street and 1016 and 1020 South River Road (“5th Street Properties”) are three of the four parcels comprising the ROW between the Highway 50 off-ramp and Pioneer Bridge that the City needs to acquire to construct the planned 5th Street facilitates along the west side of the road; and
WHEREAS, the 5th Street Properties were listed for sale in October 2023; and WHEREAS, the City Manager, under the direction of the City Council, made a nonbinding, conditional offer for below the listing price that was accepted by the seller, attached hereto and incorporated herein as Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED that the City of West Sacramento delegates authority to the City Manager to take any and all actions necessary to complete the purchase of the 5th Street Properties from the seller, including but not to:

A. Conduct due diligence on the Properties; and
B. Execute purchase and sale agreements for the Properties, subject to the Approval of the City Attorney and the terms and conditions in Exhibit A, and take all actions necessary to complete acquisition of the Properties pursuant to the purchase and sale agreements; and
C. Accept the Properties.

PASSED AND ADOPTED by the City of West Sacramento and the West Sacramento Redevelopment Successor Agency on this 17th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
388
Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
389
1110 West Capitol Avenue
West Sacramento, CA 95691
(916) 617-4500
www.cityofwestsacramento.org
December 13, 2023
Lyon Real Estate
Attn: Jerry Mason
1900 Grass Valley Highway, Suite 100,
Auburn CA, 95603
RE: NON-BINDING LETTER OF OFFER TO PURCHASE PROPERTIES LOCATED AT 101 Tower Street, 1016 South River Road and 1020 South River Road (the "PROPERTIES")
Dear Mr. Mason,
The City of West Sacramento ("City") is intending this letter to be a non-binding Letter of Offer that summarizes the terms and conditions under which the City proposes to purchase the Properties. The purchase is subject to the preparation and approval of a mutually acceptable purchase agreement with Valine Family 2020 Trust ("Seller"), and the approval of the City Council prior to execution of the purchase agreement. The general terms and conditions under which the City and Seller would consider entering into a binding purchase and sale agreement are set forth below.

1. Subject Properties. 101 Tower Street, APN 058-330-008, 1016 South River Road, APN 058-330-009, and 1020 South River Road,
APN 058-330-010.

2. Purchase Price. The purchase price for the Properties is Six Hundred Twenty-Three Thousand Dollars ($623,000.00) (the
“Purchase Price”) to be paid in cash at close of escrow.

3. Escrow. Escrow shall be opened no later than three (3) business days after mutual execution of a purchase agreement.

4. Deposit. Within three (3) business days after execution of a purchase agreement by both parties, the City shall
deposit $30,000 into an interest-bearing escrow account (the "Deposit"). Upon completion of the Due Diligence
Period, the Deposit shall become non-refundable, but
applicable to the Purchase Price at close of escrow. The Deposit shall be fully refunded at any time prior to the expiration date of the Due Diligence Period or in the
event of a Seller default.

DocuSign Envelope ID: C0847E53-F970-4816-AE2B-8BC0CC6D6FF4 DocuSign Envelope ID: B71590C8-8615-498C-ADC5-CDAD56CBA553 Exhibit A
390
1110 West Capitol Avenue
West Sacramento, CA 95691
(916) 617-4500
www.cityofwestsacramento.org

5. Seller's Studies. Within five (5) days after mutual execution of the purchase agreement, Seller agrees to provide to the City (to the extent in Seller’s possession or control) true, correct and complete copies of any plans, surveys, building permits issued in connection with the Properties, environmental reports,
surveys, property condition reports, engineering studies, notices from local, state and federal government agencies, leases (including amendments thereto), service and
maintenance agreements and other contracts that will affect the Properties after closing, and other documents
reasonably requested by the City to assist the City in its feasibility study (collectively, the “Seller Documents”).

6. Conditions. The City's obligation to purchase the Properties shall be subject to the following conditions, which must be satisfied or waived on or before ninety (90) days from the date a purchase agreement is executed by both parties ("Due
Diligence Period"), as may be extended as set forth below:
(a) The City's approval of the conditions of title to the Properties and issuance at close of escrow of a
CLTA policy of title insurance in a form satisfactory
to the City. The City will provide the Seller with a
written determination of the acceptability or rejection of title exceptions.
(b) The City's approval of all environmental conditions of the Properties, laws affecting the Properties, any
existing improvements located on the Properties,
and the City's review and approval of any other
matters affecting the Properties which the City may
deem, in the City's sole discretion, to be pertinent to the ability of the City to use or develop the Properties for the City's intended use. The City shall be allowed
access to the Properties to conduct testing and
investigations, including a Phase I assessment, and
the City shall indemnify the Seller from any loss
resulting from such entry. If the Phase I assessment
study recommends additional Phase II testing of the
Properties, Seller agrees to extend the Due
Diligence period to accommodate such testing.

7. Close of Escrow. Close of escrow shall occur within fifteen (15) days after expiration of the Due Diligence Period.

DocuSign Envelope ID: C0847E53-F970-4816-AE2B-8BC0CC6D6FF4 DocuSign Envelope ID: B71590C8-8615-498C-ADC5-CDAD56CBA553 391
1110 West Capitol Avenue
West Sacramento, CA 95691
(916) 617-4500
www.cityofwestsacramento.org

8. Escrow Holder. The parties to mutually select.

9. Closing Costs. Seller shall pay for the CLTA title insurance premium and the City shall pay the cost differential for an ALTA policy.

Escrow fees shall be split 50/50 and all other costs shall be paid as is standard and customary in the County of Yolo, California.

10. Brokerage Fees. The City shall not be required to pay any brokerage fees.

11. Approvals. The purchase agreement shall be subject to the approval of the City Council.

12. Expression of Intent. This offer letter shall not constitute a formal and binding agreement. This offer letter reflects the City's and the Seller's present understanding of the terms and conditions of the proposed transaction and the City and Seller expect that the definitive agreement, which is negotiated between the City and the Seller with respect to this transaction, will be generally consistent with the foregoing material business terms. This offer letter shall not create any legal rights or obligations between the City and the Seller. It is intended that all legal rights and obligations between the City and the Seller will come into existence only when a definitive
agreement is signed and delivered by both parties after approval of the City Council.

If the terms contained in the Letter are acceptable, please indicate agreement by signing below.

On behalf of the City, I look forward to hearing from you with regard to this matter.

Best regards,
Aaron Laurel
City Manager

ACKNOWLEDGED AND APPROVED BY
SELLER
By: Valine Family 2020 Trust
Name:

Title:

Date:

DocuSign Envelope ID: C0847E53-F970-4816-AE2B-8BC0CC6D6FF4 DocuSign Envelope ID: B71590C8-8615-498C-ADC5-CDAD56CBA553 Trustee Trustee
Victoria Valine
392
12 | Page
Exhibit 2: 2024 Plan – Capital Improvement Program
Attachment 3
393
21 | Page
Riverfront; and perform related surveys, including those necessary to support future build-out of Grand Street and adjacent development parcels.

5. Purchase additional 5th Street Widening Property between the Highway 50 Off-ramp and Pioneer Bridge (estimated $0.4 million): 5th Street is a major Bridge District backbone facility.

As part of the 2014 Plan a substantial portion of the easterly facility was widened and reconstructed; this included undergrounding of utilities and installation of street lighting. A separated cycle track on the east side of 5th Street is currently being installed as part of the 2019 Plan. These reconstructions did not include the west side of planned 5th Street facilities since the City has not yet acquired all of the necessary ROW. This project would purchase the necessary remaining ROW between the Highway 50 off-ramp and Pioneer Bridge.

6. (estimated $0.2 million):

Develop Remaining Interim Phase 1 Universal Street Connections to the River Walk These BDSP backbone facilities provide bicycle and pedestrian access parcels.
streets will be fully built-out later by the property owners with the development of adjacent hardscape, lights and utilities) of these facilities at Market, Grand, and Bridge Streets. These to the River Walk from Riverfront Street. The 2024 CIP provides for Phase 1 development (i.e.,

7. Install Fiber Optic Grid (estimated $0.1 million): Fast, low latency, and cost competitive Washington District telecommunications conduits (i.e., backbone “joint trench” per project includes installing conduit and fiber connecting the Bridge District with City Hall and obstacle to using modern security and surveillance systems for public areas in the District. This District is lacking connectivity with the City Hall and Police facilities which is creating an telecommunications systems are critical amenities for Bridge District development. Currently the BDSP) on 5th
Street under Tower Bridge Gateway.

Planning, Analytical, and Entitlement Process Investments (estimated $1.8 million) In addition to capital projects, the 2024 Plan includes a schedule of planning, analytical, and entitlement build-out. These processes can be categorized into three major work programs: 1) update of the development work that staff and property owners consider necessary to position the District for timely processes that will be performed during the 2021-2024 timeframe. These processes represent critical preBDSP, 2) storm drainage modelling and design west of 5th Street, and 2) other regulatory/planning processes. These BDSP
work programs are described as follows:

Update (estimated at $1.3 million): As a long-term implementation plan, the BDSP is periodically updated to accommodate changing development conditions. The last BDSP update was in 394
Attachment 4- Location Map
395

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2024 ITEM # 12
SUBJECT:

CONSIDERATION OF ACCEPTANCE OF THE ANNUAL REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2022/23 WITH FIVE-YEAR FINDINGS INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Marc Rotteveel, Finance Analyst
Finance Department
ATTACHMENT [X] Yes [ ] No [X] Information [ ] Direction [ ] Action

OBJECTIVE
The purpose of this report is to comply with Government Code Section § 66006 and the requirement for the City to prepare an annual report, and a five year report with findings, detailing the status of development impact fees collected by the City.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council receive and file the Annual Report on Development Impact Fees for Fiscal Year 2022/23 with Five-Year Findings.

BACKGROUND
AB1600 (Statutes of 1998, Mitigation Fee Act), codified as Section § 66000 et seq. of the California Government Code, regulates how public agencies collect, maintain, and spend development impact fees imposed on developers for the purpose of defraying costs of public facilities.

Government Code Section § 66006 requires local agencies to submit annual and five-year reports detailing the status of development impact fees. The annual report must be made available to the public within 180 days after the last day of the fiscal year and must be presented to the City Council as an informational report.

Government Code Section § 66006(b) requires that for each separate fund, the local agency shall make available to the public the following information each fiscal year:
 A brief description of the type of fee in the account or fund.  The amount of the fee.
 The beginning and ending balance of the account or fund.  The amount of the fees collected, and interest earned.  An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement.  A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive.

It should be noted that some of the impact fee funds include revenues and expenditures not only from impact fees but other sources, including state and federal grants. The City’s methodology assumes the “First-In, FirstOut” approach, where impact fees are the first funding source for eligible capital improvements.

ANALYSIS
There are eleven categories for which the City collects impact fees based on nexus studies in the areas of public safety and general government facilities, parks, flood control, utilities, and transportation. The fiscal year began with fund balances totaling $105.9 million. Impact fees and other revenues during the fiscal year totaled $33.1 million while expenditures totaled $22.8 million, resulting in a total fund balance of $116.2 million as of June 30, 2023. It should be noted that the fiscal year ending fund balances for the water and sewer categories include amounts related to capitalized assets and debt liabilities. The actual cash balances as of June 30, 2023, totaled $66.6 million for the development fee funds.
396
Development Impact Fees Annual Report with 5-Year Findings January 17, 2024

The annual report is intended to provide an analysis of impact fees collected and expended during the fiscal year. In addition, every five-years the City must also report the “aging” of development impact fees to ensure the impact fees are being expended for the purposes the fees were established. However, to err on the side of caution and to provide additional transparency to citizens, developers, and Council, every annual report prepared by the City includes the five-year findings. Fund balances in the attached report are unaudited as of June 30, 2023.

The attached report is required to be posted publicly within 180 days of fiscal year-end. The draft report was posted to the City’s website prior to December 31, 2023, to comply with this requirement. The final report will be posted to the website once accepted by City Council.

Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
The City’s mission includes a City Government that is Financially Sound, and the Council’s goal for achieving a Financially Sound City Government is furthered by ensuring development impact fees are prudently utilized for the implementation of the City’s Capital Improvement Program.

Alternatives
As this report is a requirement in accordance with the state government code, there are no alternatives.

Coordination and Review
Not applicable.

Budget/Cost Impact
There are no budget impacts outside of already budgeted staff time as a result of preparing this report. The report itself provides information related to fund balances and budgeted and planned capital expenditures funded by impact fees.

ATTACHMENT

1. Annual Report on Development Impact Fees for FY 2022/23 with Five-Year Findings 397
Attachment 1
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DEVELOPMENT IMPACT FEES

ANNUAL REPORT WITH FIVE-YEAR FINDINGS
FISCAL YEAR ENDING JUNE 30, 2023
398
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LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING A. CALIFORNIA GOVERNMENT CODE SECTION 66006 (b)
California Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 Development Impact Fees (DIFs) on new development. For each separate fund established, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
• A brief description of the type of fee in the account or fund. • The amount of the fee.
• The beginning and ending balance of the account or fund. • The amount of the fees collected, and interest earned. • An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. • An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. • A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. • The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

B. CALIFORNIA GOVERNMENT CODE SECTION 66001 (d)
For all funds established for the collection and expenditure of DIFs, California Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put.
• Demonstrate a reasonable relationship between the fee and purpose for which it is charged.
• Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
• Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
399
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As of June 30, 2023, the City’s Police Facility Impact Fee Fund, Childcare Facility Impact Fee Fund, Storm Drain Impact Fee Fund, and Flood In-Lieu Impact Fee Fund showed revenues held past the fifth year of first deposit; therefore, the City is reporting the following findings relating to these DIF Funds:

1. Police Facility Development Impact Fee Fund
• The impact fee analysis for police facilities assumes that the existing police building will be expanded, and another police facility will be constructed in the south part of the City to serve the needs of the growing population in that area. • The impact fees cover only that portion of facility and equipment costs attributable to future development. The impact fee analysis assumes that all new facilities will be financed with bonds, so interest on long-term debt is included in the cost basis for the impact fees.
• The available revenue in the Police Facility Impact Fee Fund is insufficient to complete the project for the expansion and/or for another police facility. Impact fee revenues will be accumulated until there is sufficient balance to fund the identified projects.

2. Childcare Facility Development Impact Fee Fund
• The purpose of the impact fee analysis for childcare facilities was to quantify the impacts on the need for childcare associated with new development. The analysis addressed both development of workplace buildings such as office, retail and industrial spaces and new residential development. The report also contained an analysis of the costs of mitigating the new demands by the construction of childcare facility spaces.
• The Childcare Impact Fee and potential uses for the balance in the fund will be presented to and considered by City Council at its 2023 Strategic Planning retreat.

3. Storm Drainage Impact Fee Fund
 The subject impact fees are for a geographic area identified as Southport/south basin. Southport further defines geographic sub-basins for revenues and expenditures. Three sub-basins have improvement needs which exceed current revenues. A fourth basin’s improvement needs require further evaluation before disposition of basins revenues.
 A Citywide Storm Drainage / Storm Water Master Plan was completed in April 2022. The Master Plan recommends numerous improvements which will be prioritized and funded by Council in future budgets as available funding permits.

4. Flood In-Lieu Impact Fee Fund
 The purpose of the flood in lieu impact fees is to help fund the local share of a $1.2 billion federally authorized flood control project that protects the City of West Sacramento. The local share of the project exceeds $100 million. The in excess of five year revenue is not sufficient to be able to start or complete this project. 400
Attachment 1
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C. ADDITIONAL NOTES
The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a CIP indicating the approximate location, size, and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees. A formal CIP is recommended, at a minimum, as a five-year plan.

The City produces a five-year CIP which helps to maintain and support the City’s General Plan as well as identify situations where infrastructure is needed to accommodate the planned development. The City’s current adopted Capital Improvement Program (FY 2022/23 – FY 2026/27) may be found on the City’s website (www.cityofwestsacramento.org) under Government, Finance Department, Publications.

D. FUNDING OF INFRASTRUCTURE
The FY 2022/23 – 2026/27 CIP list identifies all funding sources and amounts for individual projects through FY 2026/27. The CIP is updated annually to reflect the current infrastructure needs of the City. As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development. Once determination of use is made, the percentage of use attributable to new development may then be funded by the appropriate development impact fee based on the type of project. The percentage of use associated with existing residents or businesses are funded from other appropriate sources as identified on each individual project sheet in the CIP. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community.

DESCRIPTION OF DEVELOPMENT IMPACT FEES AND ESTABLISHING A REASONABLE

RELATIONSHIP BETWEEN THE FEE AND THE PURPOSE FOR WHICH IT IS CHARGED Traffic Development Impact Fee – Fees are supported by a study titled 2005 Traffic Impact Fee Study Update, prepared by DKS Associates.

Parks Development Impact Fee – Fees are supported by the Parks, Recreation and Open Space Master Plan prepared by PROS Consulting, dated April 17, 2019 (the "2019 Master Plan") and the 2021 Parks, Recreation and Open Space Master Plan Impact Fee Analysis (the "2021 Fee Analysis"), , which included a 10-year Capital Improvement Program (CIP) reflecting land acquisition and construction of park, trail and recreation facility improvements based on recent project costs and Department estimated facility costs. Costs associated with more recent planning efforts/development projects in the City have been incorporated, including: Washington Realized, The Bridge District, Yarbrough, Pioneer Bluff, Stone Lock, River Park, and Liberty. The total value of the 2019 Master Plan CIP is $180 million. Of this amount, $112 million in capital improvements 401
Attachment 1
5 | P a g e
are estimated to be funded with the Park Impact Fee. The balance is estimated to be funded through other sources of funding, including grant funding, public/private partnerships, sales tax measure funding and/or other appropriate impact fee funding.

Police Facility Development Impact Fee –Fees are supported by a study titled Analysis of Impact of Development on Fire, Police and Corporation Yard Facilities, prepared by Citygate Associates dated June 1, 2005.

Fire Facility Development Impact Fee – Fees are supported by a study titled Analysis of Impact of Development on Fire, Police and Corporation Yard Facilities, prepared by Citygate Associates dated June 1, 2005.

Childcare Development Impact Fee – Fees in this fund may be used toward the acquisition of property and equipment for childcare facilities, construction or expansion of childcare facilities, facilities for before- and after-school care. Facilities for childcare may also include a preschool component.

City Hall Facilities Development Impact Fee – Fees are supported by a study titled Analysis of Impact of Development on Fire, Police and Corporation Yard Facilities, prepared by Citygate Associates dated June 1, 2005.

Storm Drain Development Impact Fee _ - Fees are supported by a study titled Southport Drainage Impact Fees, prepared by Borcalli and Associates dated July 2, 1996. Fees in this study were updated by a Borcalli and Associates report dated May 11, 2001, titled Southport Drainage Master Plan and again by a Wood Rogers technical analysis titled Southport Drainage Subbasin MC11, Analysis for Combining Drainage with Subbasin MC10, dated April 15, 2004.

Corporation Yard Development Impact Fee _- Fees are supported by a study titled Analysis of Impact of Development on Fire, Police and Corporation Yard Facilities, prepared by Citygate Associates dated June 1, 2005.

Flood In-Lieu Development Impact Fee _- Fees are supported by a study titled West Sacramento Flood Protection In-Lieu Fee Study, prepared by Economic Planning Systems dated April 11, 2007.

Sewer Development Impact Fee _- Fees are supported by a study titled Wastewater System Master Plan 2015 Update, dated August 2017. The sewer connection fee represents the unit cost of capacity. The current number of sewer connections is converted to a standard connection referred to as an equivalent dwelling unit (EDU). An EDU relates multi-family, commercial and industrial connections to an equivalent singlefamily residential connection based on the ration of the customer’s estimated daily sewer flows compared to that of a single-family residence. The City’s sewer connection fee only recovers the collection system costs.
402
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Water Development Impact Fee _- Fees are supported by a study titled Water System Master Plan 2015 Update, dated August 2017. The water connection fee represents the unit cost of capacity. The unit cost is determined by dividing the value of the facilities by the current number of connections serviced. The current number of water connections are converted to a standard connection referred to as an equivalent meter unit (EMU).

All nexus fee studies may be found on the City’s website at:
https://www.cityofwestsacramento.org/government/departments/financedepartment/impact-fee-nexus-studies.

CURRENT FEE SCHEDULE
The current fee schedules for development impact fees may be found on the City’s website at: https://www.cityofwestsacramento.org/government/departments/financedepartment/book-of-fees. 403
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STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE Impact Fee Fund
Fund Balance
7/1/2022
Impact Fee
Revenues Other Revenues Expenditures
Fund Balance
[2]
6/30/2023
Cash Balance
6/30/2023
Traffic $ 9,566,950.64 $ 3,893,030.16 $ 299,036.39 $ 5,514,509.98 $ 8,244,507.21 $ 2,881,015.21 Parks 9,693,453.30 4,075,269.35 5,521,735.27 7,876,666.79 11,413,791.13 16,777,283.13 Police 2,021,150.31 481,413.16 21,414.17 21,380.23 2,502,597.41 2,502,597.41 Fire (3,011,447.35) 490,253.80 7,819.54 67,175.57 (2,580,549.58) 1,344.23 Childcare 517,133.50 149,576.90 5,014.20 191.48 671,533.12 671,533.12 City Hall 360,022.71 268,470.65 1,678.55 196.29 629,975.62 629,975.62 Main Drainage (86,114.21) 160,037.00 (1,130.78) 2,351.56 70,440.45 70,440.45 MC 10/11 Sub Basin 919,280.58 869,371.86 3,475.33 409.10 1,791,718.67 1,791,718.67 MC 20 Sub-Basin 57.98 - 0.74 0.01 58.71 58.71
MC 60 Sub-Basin 175.99 - 2.27 0.04 178.22 178.22
MC 71 Sub-Basin 140,116.42 - 1,807.43 40.42 141,883.43 141,883.43 MC 80/81 Sub-Basin 67,888.49 - 875.70 15.53 68,748.66 68,748.66 NC 10 Sub-Basin 433,575.18 - 7,760.15 175,426.59 265,908.74 265,908.74 NC 20 Sub-Basin 4,265.29 - 63.82 0.95 4,328.16 4,328.16 Corporation Yard (3,886,146.87) 367,265.08 55,547.62 37,546.67 (3,500,880.84) (750.64) Flood 10,409,935.95 1,055,145.63 121,715.13 6,603.64 11,580,193.07 11,580,193.07 Sewer
[1] 34,075,330.47 2,045,439.19 3,611,444.67 2,335,927.89 37,396,286.44 9,599,960.06 Water
[1] 44,635,378.70 1,698,430.15 7,895,243.63 6,729,760.05 47,499,292.43 19,606,292.78 Totals $105,861,007.08 $ 15,553,702.93 $ 17,553,503.83 $ 22,768,202.79 $ 116,200,011.05 $ 66,592,709.03 Note 2: Ending fund balances include amounts that may be appropriated in the capital improvement program budget in FY 2022/23.

Note 1: Water and sewer fund balances include capitalized assets and debt liabilities.

Traffic Development Impact Fee (Fund 205)
Statement of Revenues, Expenditures and Changes in Fund Balance 404
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Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 9,566,950.64 $ 8,645,165.56 $ 7,934,598.01 $ 5,330,810.87 $ 4,231,066.51 Revenues:

Development Impact Fees 3,893,030.16 3,188,532.96 656,144.71 4,379,732.12 933,201.08 Interest / Investment Earnings 253,568.28 (172,714.60) 10,749.81 211,788.75 166,172.03 Federal & State Grants - - - - 1,174,413.47
Other Fees 45,468.11 44,560.59 43,673.03 56,883.79 27,682.05 Transfers In - - - 202,649.55 1,894,161.00
Total Revenues 4,192,066.55 3,060,378.95 710,567.55 4,851,054.21 4,195,629.63 Expenditures:

Capital Improvement Program 30,000.00 2,135,010.00 - 2,247,267.07 3,095,885.27 Loan to Park Impact Fee Fund 5,363,492.00 - - - -
Cost Allocation
[1] 845.11 587.25 - - -
Bank Fees
[2] 651.74 2,996.62 - - -
Interfund Loan Payment
[3] 119,521.13 - - - -
Total Expenditures 5,514,509.98 2,138,593.87 - 2,247,267.07 3,095,885.27 Ending Fund Balance $ 8,244,507.21 $ 9,566,950.64 $ 8,645,165.56 $ 7,934,598.01 $ 5,330,810.87 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 4,192,066.55 $ 3,060,378.95 $ 710,567.55 $ 4,351,054.21 $ 4,195,629.63 Prior Fiscal Year (2-yr Old Funds) 3,060,378.95 710,567.55 4,351,054.21 3,583,543.80 2,388,558.52 Prior Fiscal Year (3-yr Old Funds) 710,567.55 4,351,054.21 3,583,543.80 - - Prior Fiscal Year (4-yr Old Funds) 281,494.16 1,444,949.93 - - - Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 8,244,507.21 $ 9,566,950.64 $ 8,645,165.56 $ 7,934,598.01 $ 6,584,188.15 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Note 3: The Debt Service category is for principal and interest payments on interfund loans. 405
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Parks Development Impact Fee (Fund 211)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 9,693,453.30 $ 8,708,281.72 $ 6,699,664.97 $ 1,878,769.97 $ 1,488,840.00 Revenues:

Development Impact Fees 4,075,269.35 2,415,544.63 1,987,389.27 5,828,152.46 468,770.88 Interest / Investment Earnings 38,722.14 (171,127.29) 21,227.48 140,891.52 55,308.69 Federal & State Grants - - - - 118,439.68
Other Fees - - - - 64,514.00
Transfers In - 15,000.00 - 1,825,619.22 202,850.00
Interest Loans 119,521.13 - - - -
Loan from Traffic Impact Fee Fund 5,363,492.00 - - - -
Total Revenues 9,597,004.62 2,259,417.34 2,008,616.75 7,794,663.20 909,883.25 Expenditures:

Capital Improvement Program 7,615,492.00 1,270,000.00 - 2,973,768.20 519,953.28 Cost Allocation
[1] 1,897.32 1,384.99 - - -
Bank Fees
[2] 4,142.87 2,860.77 - - -
Developer Refunds 255,134.60 - - - -
Total Expenditures 7,876,666.79 1,274,245.76 - 2,973,768.20 519,953.28 Ending Fund Balance $ 11,413,791.13 $ 9,693,453.30 $ 8,708,281.72 $ 6,699,664.97 $ 1,878,769.97 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 9,597,004.62 $ 2,259,417.34 $ 2,008,770.19 $ 6,699,664.97 $ 909,883.25 Prior Fiscal Year (2-yr Old Funds) 1,816,786.51 2,008,770.19 6,699,511.53 - 929,636.57 Prior Fiscal Year (3-yr Old Funds) - 5,425,265.77 - - 39,250.15 Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 11,413,791.13 $ 9,693,453.30 $ 8,708,281.72 $ 6,699,664.97 $ 1,878,769.97 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow. 406
Attachment 1
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Police Facility Development Impact Fee (Fund 222)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 2,021,150.31 $ 1,471,445.73 $ 1,284,471.86 $ 790,369.97 $ 871,483.25 Revenues:

Development Impact Fees 481,413.16 609,070.93 206,429.89 624,247.86 57,844.19 Interest / Investment Earnings 21,414.17 (38,053.12) 2,591.98 33,903.27 26,687.61 Total Revenues 502,827.33 571,017.81 209,021.87 658,151.13 84,531.80 Expenditures:

Capital Improvement Program - - - 143,649.24 145,245.08 Facility Lease Payments
[1] 20,400.00 20,400.00 20,400.00 20,400.00 20,400.00
Cost Allocation
[2] 413.32 281.29 1,648.00 - -
Bank Fees
[3] 566.91 631.94 - - -
Total Expenditures 21,380.23 21,313.23 22,048.00 164,049.24 165,645.08 Ending Fund Balance $ 2,502,597.41 $ 2,021,150.31 $ 1,471,445.73 $ 1,284,471.86 $ 790,369.97 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 502,827.33 $ 571,017.81 $ 209,021.87 $ 658,151.13 $ 84,531.80 Prior Fiscal Year (2-yr Old Funds) 571,017.81 209,021.87 658,151.13 84,531.80 181,031.04 Prior Fiscal Year (3-yr Old Funds) 209,021.87 658,151.13 84,531.80 181,031.04 93,576.28 Prior Fiscal Year (4-yr Old Funds) 658,151.13 84,531.80 181,031.04 93,576.28 95,042.18 Prior Fiscal Year (5-yr Old Funds) 84,531.80 181,031.04 93,576.28 95,042.18 280,507.28 In Excess of Five Year Fiscal Years
[4] 477,047.47 317,396.66 245,133.61 172,139.43 55,681.39 Total Revenue Available $ 2,502,597.41 $ 2,021,150.31 $ 1,471,445.73 $ 1,284,471.86 $ 790,369.97 Note 1: Impact fees are currently allocated to the police facility lease as well as planned improvements to that facility.

Five-Year Revenue Using First In First Out Method
Note 2: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 4: Five year findings show there are excess revenue in the Police Facility Impact Funds. However, the purpose of the development fees is to purchase land and construct a new police station. The ending fund balance is insufficient to start/complete this project.

Note 3: Bank Fees were allocated in FY 21/22 based on daily cash flow. 407
Attachment 1
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Fire Facility Development Impact Fee (Fund 223)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ (3,011,447.35) $ (3,600,024.20) $ (3,853,679.85) $ (4,459,230.49) $ (4,381,200.37) Revenues:

Development Impact Fees 490,253.80 619,139.52 276,899.37 677,134.57 110,050.86 Interest / Investment Earnings 7,819.54 (14,693.25) 1,491.92 14,754.09 3,381.72 Total Revenues 498,073.34 604,446.27 278,391.29 691,888.66 113,432.58 Expenditures:

Interfund Loan Payment
[1] 67,020.99 15,651.03 23,277.64 86,338.02 191,462.70
Cost Allocation
[2] 46.10 31.38 1,458.00 - -
Bank Fees
[3] 108.48 187.01 - - -
Total Expenditures 67,175.57 15,869.42 24,735.64 86,338.02 191,462.70 Ending Fund Balance
[4] $ (2,580,549.58) $ (3,011,447.35) $ (3,600,024.20) $ (3,853,679.85) $ (4,459,230.49) Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ (2,580,549.58) $ (3,011,447.35) $ (3,600,024.20) $ (3,853,679.85) $ (4,459,230.49) Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ (2,580,549.58) $ (3,011,447.35) $ (3,600,024.20) $ (3,853,679.85) $ (4,459,230.49) Note 4: There is an outstanding general fund loan to the fire impact fee fund for the construction of Fire Station 45, resulting in a negative fund balance.

Five-Year Revenue Using First In First Out Method
Note 2: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 1: The Debt Service category is for principal and interest payments on interfund loans.

Note 3: Bank Fees were allocated in FY 21/22 based on daily cash flow. 408
Attachment 1
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Childcare Facility Development Impact Fee (Fund 224)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 517,133.50 $ 558,215.25 $ 469,034.70 $ 364,854.02 $ 322,452.79 Revenues:

Development Impact Fees 149,576.90 118,679.93 88,025.27 159,104.66 35,113.78 Interest / Investment Earnings 5,014.20 (9,571.11) 1,155.28 12,990.28 11,092.75 Total Revenues 154,591.10 109,108.82 89,180.55 172,094.94 46,206.53 Expenditures:

Capital Improvement Program - 150,000.00 - 67,914.26 3,805.30 Cost Allocation
[1] 41.33 28.13 - - -
Bank Fees
[2] 150.15 162.44 - - -
Total Expenditures 191.48 150,190.57 - 67,914.26 3,805.30 Ending Fund Balance $ 671,533.12 $ 517,133.50 $ 558,215.25 $ 469,034.70 $ 364,854.02 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 154,591.10 $ 109,108.82 $ 89,180.55 $ 172,094.94 $ 46,206.53 Prior Fiscal Year (2-yr Old Funds) 109,108.82 89,180.55 172,094.94 46,206.53 49,874.56 Prior Fiscal Year (3-yr Old Funds) 89,180.55 172,094.94 46,206.53 49,874.56 44,158.70 Prior Fiscal Year (4-yr Old Funds) 172,094.94 46,206.53 49,874.56 44,158.70 41,605.97 Prior Fiscal Year (5-yr Old Funds) 46,206.53 49,874.56 44,158.70 41,605.97 21,350.62 In Excess of Five Year Fiscal Years
[3] 100,351.18 50,668.10 156,699.97 115,094.00 161,657.64 Total Revenue Available $ 671,533.12 $ 517,133.50 $ 558,215.25 $ 469,034.70 $ 364,854.02 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Note 3: Five year findings show there are excess revenue in the Childcare Fees, decision on projects will be presneted to Council Stragetic Retreat in 2023. 409
Attachment 1
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City Hall Facility Development Impact Fee (Fund 226)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 360,022.71 $ 35,470.09 $ 673,464.65 $ 428,250.98 $ 382,844.20 Revenues:

Development Impact Fees 268,470.65 331,045.95 115,102.47 348,386.50 32,247.87 Interest / Investment Earnings 1,678.55 (6,342.05) (3,097.03) 17,585.24 13,158.91 Total Revenues 270,149.20 324,703.90 112,005.44 365,971.74 45,406.78 Expenditures:

Capital Improvement Program - - 750,000.00 120,758.07 - Cost Allocation
[1] 55.64 37.87 - - -
Bank Fees
[2] 140.65 113.41 - - -
Total Expenditures 196.29 151.28 750,000.00 120,758.07 - Ending Fund Balance $ 629,975.62 $ 360,022.71 $ 35,470.09 $ 673,464.65 $ 428,250.98 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 270,149.20 $ 324,703.90 $ 35,470.09 $ 365,971.74 $ 45,406.78 Prior Fiscal Year (2-yr Old Funds) 324,703.90 35,318.81 - 45,406.78 100,258.78 Prior Fiscal Year (3-yr Old Funds) 35,122.52 - - 100,258.78 45,458.44 Prior Fiscal Year (4-yr Old Funds) - - - 45,458.44 53,468.34 Prior Fiscal Year (5-yr Old Funds) - - - 53,468.34 155,922.77 In Excess of Five Year Fiscal Years
[3][4]
- - - 62,900.57 27,735.87
Total Revenue Available $ 629,975.62 $ 360,022.71 $ 35,470.09 $ 673,464.65 $ 428,250.98 Note 4: The excess funds in FY 2018/19& FY 2019/20 were utilized in FY 2020/21 to fund project number 54019 - City Hall Annex/ Improvements.

Note 3: Currently, no fees have been held unexpended for more than five years, no refunds required.

Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow. 410
Attachment 1
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Storm Drain Main Development Impact Fee (Fund 227)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ (86,114.21) $ (150,618.27) $ (209,770.69) $ (810,511.21) $ (909,533.69) Revenues:

Development Impact Fees 160,037.00 67,113.71 79,417.00 593,883.05 113,419.10 Interest / Investment Earnings (1,130.78) (1,535.17) (16,836.86) 33,040.10 16,207.69 Total Revenues 158,906.22 65,578.54 62,580.14 626,923.15 129,626.79 Expenditures:

Interfund Loan Payment
[1] 1,918.98 783.79 1,165.72 26,182.63 30,604.31
Cost Allocation
[2] 397.42 270.48 2,262.00 - -
Bank Fees
[3] 35.16 20.21 - - -
Total Expenditures 2,351.56 1,074.48 3,427.72 26,182.63 30,604.31 Ending Fund Balance $ 70,440.45 $ (86,114.21) $ (150,618.27) $ (209,770.69) $ (810,511.21) Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 70,440.45 $ (86,114.21) $ (150,618.27) $ (209,770.69) $ (810,511.21) Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 70,440.45 $ (86,114.21) $ (150,618.27) $ (209,770.69) $ (810,511.21) Five-Year Revenue Using First In First Out Method
Note 2: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 3: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Note 1: The Debt Service category is for principal and interest payments on interfund loans. 411
Attachment 1
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Storm Drain MC 10/11 Sub-Basin Development Impact Fee (Fund 268-9240) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 919,280.58 $ 937,384.23 $ 923,427.54 $ 905,355.17 $ 885,095.60 Revenues:

Development Impact Fees 869,371.86 - - - -
Interest / Investment Earnings 3,475.33 (17,814.42) 13,956.69 18,072.37 20,259.57 Total Revenues 872,847.19 (17,814.42) 13,956.69 18,072.37 20,259.57 Expenditures:

Cost Allocation
[1] 4.13 2.81 - - -
Bank Fees
[2] 404.97 286.42 - - -
Total Expenditures 409.10 289.23 - - -
Ending Fund Balance $ 1,791,718.67 $ 919,280.58 $ 937,384.23 $ 923,427.54 $ 905,355.17 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 872,847.19 $ - $ 13,956.69 $ 18,072.37 $ 20,259.57 Prior Fiscal Year (2-yr Old Funds) - 13,956.69 18,072.37 20,259.57 11,805.86 Prior Fiscal Year (3-yr Old Funds) 13,956.69 18,072.37 20,259.57 11,805.86 27,779.04 Prior Fiscal Year (4-yr Old Funds) 18,072.37 20,259.57 11,805.86 27,779.04 29,017.67 Prior Fiscal Year (5-yr Old Funds) 20,259.57 11,805.86 27,779.04 29,017.67 42,991.89 In Excess of Five Year Fiscal Years
[3] 866,582.85 855,186.09 845,510.70 816,493.03 773,501.14 Total Revenue Available $ 1,791,718.67 $ 919,280.58 $ 937,384.23 $ 923,427.54 $ 905,355.17 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Note 3: Storm Drainage / Storm Water Master Plan, April 2022 recommends 3 projects in this basin. City staff staff plans to complete additional evaluation prior to proposing capital improvement project(s).
412
Attachment 1
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Storm Drain MC 20 Sub-Basin Development Impact Fee (Fund 268-9241) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 57.98 $ 59.12 $ - $ - $ -
Revenues:

Development Impact Fees - - - - -
Interest / Investment Earnings 0.74 (1.12) 59.12 - -
Total Revenues 0.74 (1.12) 59.12 - -
Expenditures:

Bank Fees
[1] 0.01 0.02 - - -
Total Expenditures 0.01 0.02 - - -
Ending Fund Balance $ 58.71 $ 57.98 $ 59.12 $ - $ -
Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 0.74 $ - $ 59.12 $ - $ -
Prior Fiscal Year (2-yr Old Funds) - 57.98 - - -
Prior Fiscal Year (3-yr Old Funds) 57.97 - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 58.71 $ 57.98 $ 59.12 $ - $ - Five-Year Revenue Using First In First Out Method
Note 1: Bank Fees were allocated in FY 21/22 based on daily cash flow. 413
Attachment 1
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Storm Drain MC 60 Sub-Basin Development Impact Fee (Fund 268-9242) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 175.99 $ 179.45 $ 179.31 $ 174.08 $ 168.54 Revenues:

Development Impact Fees - - - - -
Interest / Investment Earnings 2.27 (3.41) 0.14 5.23 5.54 Total Revenues 2.27 (3.41) 0.14 5.23 5.54
Expenditures:

Bank Fees
[1] 0.04 0.05 - - -
Total Expenditures 0.04 0.05 - - -
Ending Fund Balance $ 178.22 $ 175.99 $ 179.45 $ 179.31 $ 174.08 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 2.27 $ - $ 0.14 $ 5.23 $ 5.54
Prior Fiscal Year (2-yr Old Funds) - - 5.23 5.54 1.13
Prior Fiscal Year (3-yr Old Funds) - 1.96 5.54 1.13 1.79 Prior Fiscal Year (4-yr Old Funds) 1.96 5.54 1.13 1.79 1.62 Prior Fiscal Year (5-yr Old Funds) 5.54 1.13 1.79 1.62 0.42 In Excess of Five Year Fiscal Years
[2] 168.45 167.36 165.62 164.00 163.58
Total Revenue Available $ 178.22 $ 175.99 $ 179.45 $ 179.31 $ 174.08 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Fees have been held unexpended for more than five years, however the excess funds is not enough to begin a capital improvement project for this subbasin. 414
Attachment 1
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Storm Drain MC 71 Sub-Basin Development Impact Fee (Fund 268-9243) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 140,116.42 $ 142,880.78 $ 141,990.64 $ 138,370.73 $ 134,471.99 Revenues:

Development Impact Fees - - - - -
Interest / Investment Earnings 1,807.43 (2,715.29) 890.14 3,619.91 3,898.74 Total Revenues 1,807.43 (2,715.29) 890.14 3,619.91 3,898.74 Expenditures:

Cost Allocation
[1] 8.36 5.41 - - -
Bank Fees
[2] 32.06 43.66 - - -
Total Expenditures 40.42 49.07 - - -
Ending Fund Balance $ 141,883.43 $ 140,116.42 $ 142,880.78 $ 141,990.64 $ 138,370.73 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 1,807.43 $ - $ 890.14 $ 3,619.91 $ 3,898.74 Prior Fiscal Year (2-yr Old Funds) - 890.14 3,619.91 3,898.74 1,241.62 Prior Fiscal Year (3-yr Old Funds) 890.14 3,619.91 3,898.74 1,241.62 107,912.17 Prior Fiscal Year (4-yr Old Funds) 3,619.91 3,898.74 1,241.62 107,912.17 328.74 Prior Fiscal Year (5-yr Old Funds) 3,898.74 1,241.62 107,912.17 328.74 (3,875.06) In Excess of Five Year Fiscal Years
[2] 131,667.21 130,466.01 25,318.20 24,989.46 28,864.52 Total Revenue Available $ 141,883.43 $ 140,116.42 $ 142,880.78 $ 141,990.64 $ 138,370.73 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Fees have been held unexpended for more than five years. However, Storm Drainage / Storm Water Master Plan, April 2022 recommends one culvert project in this basin. City staff staff plans to complete additional evaluation prior to proposing a capital improvement project. 415
Attachment 1
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Storm Drain MC 80/81 Sub-Basin Development Impact Fee (Fund 268-9244) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 67,888.49 $ 69,225.25 $ 59,543.25 $ 54,555.66 $ 53,339.97 Revenues:

Development Impact Fees - - 8,706.00 3,779.22 -
Interest / Investment Earnings 875.70 (1,315.61) 976.00 1,208.37 1,215.69 Total Revenues 875.70 (1,315.61) 9,682.00 4,987.59 1,215.69 Expenditures:

Bank Fees
[1] 15.53 21.15 - - -
Total Expenditures 15.53 21.15 - - -
Ending Fund Balance $ 68,748.66 $ 67,888.49 $ 69,225.25 $ 59,543.25 $ 54,555.66 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 875.70 $ - $ 9,682.00 $ 4,987.59 $ 1,215.69 Prior Fiscal Year (2-yr Old Funds) - 9,682.00 4,987.59 1,215.69 712.70 Prior Fiscal Year (3-yr Old Funds) 9,682.00 4,987.59 1,215.69 712.70 440.55 Prior Fiscal Year (4-yr Old Funds) 4,987.59 1,215.69 712.70 440.55 371.98 Prior Fiscal Year (5-yr Old Funds) 1,215.69 712.70 440.55 371.98 166.31 In Excess of Five Year Fiscal Years
[2] 51,987.68 51,290.51 52,186.72 51,814.74 51,648.43
Total Revenue Available $ 68,748.66 $ 67,888.49 $ 69,225.25 $ 59,543.25 $ 54,555.66 Five-Year Revenue Using First In First Out Method
Note 1: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Note 2: Fees have been held unexpended for more than five years, Storm Drainage / Storm Water Master Plan, April 2022 recommends one culvert project in this basin. City staff staff plans to complete additional evaluation prior to proposing a capital improvement project. 416
Attachment 1
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Storm Drain NC 10 Sub-Basin Development Impact Fee (Fund 268-9245) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 433,575.18 $ 437,987.80 $ 434,013.58 $ 425,380.48 $ 415,751.85 Revenues:

Development Impact Fees - - - - -
Interest / Investment Earnings 5,841.17 (5,106.10) 2,808.50 1,074.73 793.81 Interest Loans 1,918.98 783.79 1,165.72 7,558.37 8,834.82 Total Revenues 7,760.15 (4,322.31) 3,974.22 8,633.10 9,628.63 Expenditures:

Cost Allocation
[1] 3.34 2.27 - - -
Bank Fees
[2] 39.92 88.04 - - -
Developer Refunds 175,383.33 - - - -
Total Expenditures 175,426.59 90.31 - - -
Ending Fund Balance $ 265,908.74 $ 433,575.18 $ 437,987.80 $ 434,013.58 $ 425,380.48 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 7,760.15 $ - $ 3,974.22 $ 8,633.10 $ 9,628.63 Prior Fiscal Year (2-yr Old Funds) - 3,974.22 8,633.10 9,628.63 5,454.12 Prior Fiscal Year (3-yr Old Funds) 3,974.22 8,633.10 9,628.63 5,454.12 3,637.56 Prior Fiscal Year (4-yr Old Funds) 8,633.10 9,628.63 5,454.12 3,637.56 3,263.79 Prior Fiscal Year (5-yr Old Funds) 9,628.63 5,454.12 3,637.56 3,263.79 1,376.02 In Excess of Five Year Fiscal Years
[3] 235,912.64 405,885.11 406,660.17 403,396.38 402,020.36 Total Revenue Available $ 265,908.74 $ 433,575.18 $ 437,987.80 $ 434,013.58 $ 425,380.48 Five-Year Revenue Using First In First Out Method
Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Note 3: Fees have been held unexpended for more than five years. However, Storm Drainage / Storm Water Master Plan, April 2022 recommends one culvert project in this basin. City staff staff plans to complete additional evaluation prior to proposing a capital improvement project.

Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds. 417
Attachment 1
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Storm Drain NC 20 Sub-Basin Development Impact Fee (Fund 268-9246) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 4,265.29 $ - $ - $ - $ -
Revenues:

Development Impact Fees - 4,249.18 - - -
Interest / Investment Earnings 63.82 16.11 - - -
Total Revenues 63.82 4,265.29 - - -
Expenditures:

Bank Fees
[1] 0.95 - - - -
Total Expenditures 0.95 - - - -
Ending Fund Balance $ 4,328.16 $ 4,265.29 $ - $ - $ -
Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 63.82 $ 4,265.29 $ - $ - $ -
Prior Fiscal Year (2-yr Old Funds) 4,264.34 - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 4,328.16 $ 4,265.29 $ - $ - $ - Five-Year Revenue Using First In First Out Method
Note 1: Bank Fees were allocated in FY 21/22 based on daily cash flow. 418
Attachment 1
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Corporation Yard Facility Development Impact Fee (Fund 228) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ (3,886,146.87) $ (4,321,262.13) $ (4,473,715.57) $ 3,097,655.74 $ (1,819,451.08) Revenues:

Development Impact Fees 367,265.08 452,469.53 157,438.86 476,417.49 44,138.96 Interest / Investment Earnings 5,791.64 (13,353.73) 13,455.02 164,789.26 179,744.36 Interest Loans 49,755.98 7,835.31 - - -
Transfers In - - - - 8,154,566.00
Total Revenues 422,812.70 446,951.11 170,893.88 641,206.75 8,378,449.32 Expenditures:

Capital Improvement Program - - - 8,150,631.50 3,388,934.50 Interfund Loan Payment 36,778.80 11,229.44 16,701.44 61,946.56 72,408.00 Cost Allocation
[1] 686.74 467.38 1,739.00 - -
Bank Fees
[2] 81.13 139.03 - - -
Total Expenditures 37,546.67 11,835.85 18,440.44 8,212,578.06 3,461,342.50 Ending Fund Balance
[3] $ (3,500,880.84) $ (3,886,146.87) $ (4,321,262.13) $ (4,473,715.57) $ 3,097,655.74 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ (3,500,880.84) $ (3,886,146.87) $ (4,321,262.13) $ (4,473,715.57) $ 3,097,655.74 Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ (3,500,880.84) $ (3,886,146.87) $ (4,321,262.13) $ (4,473,715.57) $ 3,097,655.74 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 3: There is an outstanding general equipment fund loan to the corporation yard fund for construction of the new corporation yard, resulting in a negative fund balance.

Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow. 419
Attachment 1
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Flood In-Lieu Development Impact Fee (Fund 229)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
` FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Beginning Fund Balance $ 10,409,935.95 $ 6,720,886.49 $ 5,534,032.84 $ 3,039,099.94 $ 2,414,212.08 Revenues:

Development Impact Fees 1,055,145.63 3,889,347.72 1,174,526.63 2,857,102.33 1,713,296.95 Interest / Investment Earnings 121,715.13 (194,302.82) 12,327.02 149,168.52 86,887.06 Other Fees - - - - 135,426.00
Total Revenues 1,176,860.76 3,695,044.90 1,186,853.65 3,006,270.85 1,935,610.01 Expenditures:

Capital Improvement Program - - - 455,218.33 1,310,722.15 Developer Refunds - - - 56,119.62 -
Cost Allocation
[1] 3,994.57 2,747.50 - - -
Bank Fees
[2] 2,609.07 3,247.94 - - -
Total Expenditures 6,603.64 5,995.44 - 511,337.95 1,310,722.15 Ending Fund Balance $ 11,580,193.07 $ 10,409,935.95 $ 6,720,886.49 $ 5,534,032.84 $ 3,039,099.94 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ 1,176,860.76 $ 3,695,044.90 $ 1,186,853.65 $ 3,006,270.85 $ 1,935,610.01 Prior Fiscal Year (2-yr Old Funds) 3,695,044.90 1,186,853.65 3,006,270.85 1,935,610.01 1,103,489.93 Prior Fiscal Year (3-yr Old Funds) 1,186,853.65 3,006,270.85 1,935,610.01 592,151.98 - Prior Fiscal Year (4-yr Old Funds) 3,006,270.85 1,935,610.01 592,151.98 - - Prior Fiscal Year (5-yr Old Funds) 1,935,610.01 586,156.54 - - - In Excess of Five Year Fiscal Years
[3] 579,552.90 - - - -
Total Revenue Available $ 11,580,193.07 $ 10,409,935.95 $ 6,720,886.49 $ 5,534,032.84 $ 3,039,099.94 Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 3: Five year findings show there are excess revenue in the Flood In Lieu Impact Fee Fund. However, the purpose of the flood in lieu impact fees is to help fund the local share of a $1.2 billion federally authorized flood control project that protects the City of West Sacramento. The local share of the project exceeds $100million. The in excess of five year revenue is not sufficient to be able to start or complete this project. 420
Attachment 1
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Sewer Development Impact Fee (Fund 502)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 34,075,330.47 $ 34,851,050.40 $ 37,180,995.04 $ 35,489,957.79 $ 40,907,376.14 Revenues:

Development Impact Fees 2,045,439.19 830,267.46 788,994.49 2,243,621.94 131,557.14 Interest / Investment Earnings (3,064.06) (90,832.31) 1,818.78 127,498.44 221,175.65 Charges for Services 1,262,805.73 1,236,819.20 1,272,968.71 1,097,002.12 1,060,631.78 Reimbursements - 4,353.75 - - -
Other Revenue - - - - -
Transfers In 2,351,703.00 - 850,000.00 6,900,000.00 -
Total Revenues 5,656,883.86 1,980,608.10 2,913,781.98 10,368,122.50 1,413,364.57 Expenditures:

Capital Improvement Program 392,101.57 832,841.79 5,780,849.83 6,760,601.52 5,986,604.30 Debt Service
[1] 1,942,790.30 1,932,919.72 1,960,137.82 1,916,483.73 2,214,228.84 Bank Fees
[2] 1,629.59 1,585.17 - - -
Total Expenditures 2,336,521.46 2,767,346.68 7,740,987.65 8,677,085.25 8,200,833.14 Add: Capitalized Asset 593.57 11,018.65 2,497,261.03 - 1,370,050.22 Ending Fund Balance $ 37,396,286.44 $ 34,075,330.47 $ 34,851,050.40 $ 37,180,995.04 $ 35,489,957.79 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ - $ - $ - $ - $ -
Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available
[3] $ - $ - $ - $ - $ -
Note 1: Fund 502 includes bond proceeds, debt obligations, and capital outlay for the sewer enterprise fund.

Five-Year Revenue Using First In First Out Method
Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Note 3: The expenditures exceed the impact fee revenue and interest earnings for all 5 fiscal years. Therefore, no revenue available. 421
Attachment 1
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Water Development Impact Fee (Fund 507)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19
Beginning Fund Balance $ 44,635,378.70 $ 44,530,575.00 $ 35,466,465.66 $ 30,688,215.80 $ 31,413,563.27 Revenues:

Development Impact Fees 1,698,430.15 1,806,355.57 2,173,001.91 1,266,447.46 816,802.99 Interest / Investment Earnings 660,525.63 (445,981.18) 3,056,189.63 777,750.90 652,506.87 Charges for Services 7,126,207.23 7,617,152.49 8,170,766.56 6,719,429.01 5,942,891.31 Other Revenue 8,510.77 - 16,850.00 - 88.88
Transfers In 100,000.00 - 7,617,940.00 9,810,385.00 3,101,655.28 Total Revenues 9,593,673.78 8,977,526.88 21,034,748.10 18,574,012.37 10,513,945.33 Expenditures:

Capital Improvement Program 8,197,311.83 2,706,647.63 7,684,267.52 12,183,299.17 5,653,934.21 Debt Service
[1] 5,439,925.11 5,663,740.61 5,320,969.11 6,539,219.93 6,393,381.31 Developer Refunds - 1,609,146.00 - - -
Bank Fees
[2] 3,963.19 7,162.73 - - -
Total Expenditures 13,641,200.13 9,986,696.97 13,005,236.63 18,722,519.10 12,047,315.52 Add: Capitalized Costs 6,911,440.08 1,113,973.79 1,034,597.87 4,926,756.59 808,022.72 Ending Fund Balance $ 47,499,292.43 $ 44,635,378.70 $ 44,530,575.00 $ 35,466,465.66 $ 30,688,215.80 Revenue Available FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 FY 2018/19 Current Fiscal Year $ - $ - $ - $ - $ -
Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available
[3] $ - $ - $ - $ - $ -
Note 1: Fund 507 includes bond proceeds, debt obligations, and capital outlay for the water enterprise fund.

Five-Year Revenue Using First In First Out Method
Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Note 3: The expenditures exceed the impact fee revenue and interest earnings for all 5 fiscal years. Therefore, no revenue available. 422
Attachment 1
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DEVELOPMENT IMPACT FEE PROJECT IDENTIFICATION
The Development Impact Fee Project Identification will be provided with a table, on page 27 that will illustrate the following reporting requirements defined by California Government Code Section 66006 (b):
 An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
 An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. 423
Attachment 1
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Project
Number Project Description Project Status
Estimated
Construction
Start Date
Estimated
Project Costs
[1]
Budget/ Funding
to Date
[1]
Estimated % of
Project Funded with
DIFs
Traffic Impact Fees (TIF)
10036 Transportation Projects: Development Activities Complete $ 195,000 $ 195,000 100% 11019 Broadway Bridge: Environmental And Permits In Progress 3,153,353 153,353 5% 11022 Mobility Action Plan (MAP) Complete 330,386 25,000 8% 11036 West Sacramento Plug-in Partnership In Progress 2,774,000 150,010 5% 11230 Transportation Impact Fee Update In Progress 541,904 275,000 51% 12018 Fifth Street & F Street Traffic Signal Planned FY 2023/24 700,000 700,000 100% 14021 Sycamore Trail Phase 2 In Progress 17,052,310 609,124 4% 15029 West Capitol Avenue Road Rehabilitation & Safety Enhancement Project Complete 12,772,000 1,835,000 14% 52068 City Standard Specifications Update In Progress 365,500 65,000 18% Traffic Impact Fees (TIF) Total $ 37,884,453 $ 4,007,487 Park Impact Fees
14021 Sycamore Trail Phase 2 In Progress $ 17,052,310 $5,363,492 31% 14034 Memorial Park ADA Improvement Complete 2,778,401 800,000 29% 52032 Rec Center Capital Improvements In Progress 89,282 89,282 100% 52045 Recreation Center Pool Deck Repair – Phase II In Progress 436,344 136,344 31% 61005 Southport Levee Trailhead In Progress 2,116,350 502,000 24% 62077 Rec Ctr, Tennis Court Repairs Complete 82,437 41,218 50% 62085 Boat Ramp Fencing Complete 40,000 40,000 100%
62101 Bryte Park Phase II Improvements Complete 1,693,810 25,932 2% 62126 Raley's Dock Improvements Complete 5,510,000 1,500,000 27% 62134 Heritage Oaks Park Master Plan In Progress 828,750 828,750 100% 62138 Bryte Park ADA Upgrades In Progress 9,300,000 200,000 2% 62142 Washington Neighborhood Park In Progress 1,500,000 1,100,000 73% 62143 Rec Center Tennis Court Lights and Drainage In Progress 220,000 220,000 100% 62148 Washington Access Corridor Planned FY 2023/24 2,995,000 800,000 27% 62191 Heritage Oaks Park Play Equipment Project Budget In Progress 90,400 29,400 33% 62192 Fernwood Park Project Complete 126,000 126,000 100% Park Impact Fees Total $ 27,806,774 $ 11,802,418
Police Facility Impact Fees
52001 Police Dept. Annex -Expansion Complete $ 1,165,000 $ 1,165,000 100% Police Facility Impact Fees Total $ 1,165,000 $ 1,165,000 Child Care Impact Fees
52066 Pre-School Facility Upgrades In Progress $ 69,118 $ 69,118 100% 62152 Club West Outdoor Classroom Planned FY 2023/24 150,000 150,000 100% Child Care Impact Fees Total $ 219,118 $ 219,118
City Hall Facilities Fees
54009 Security Enhancements In Progress $ 30,000 $ 30,000 100% 54019 City Hall Annex Tenant Improvement Project In Progress 1,907,500 850,000 45% City Hall Facilities Fees Total $ 1,937,500 $ 880,000
Flood Protection In-Lieu Fees
40016 Problem Identification Report Update Complete $ 752,239 $ 717,219 95% 41002 Storm Drain Master Plan In Progress 2,460,096 1,225,000 50% 44000 Levee Foundation/Stormwater Pump Replacement - former RD 811 Planned FY 2023/24 190,000 190,000 100% 52068 City Standard Specifications Update In Progress 365,500 50,000 14% Flood Protection In-Lieu Fees Total $ 3,767,835 $ 2,182,219 Sewer Impact Fees
[2]
Various Buy into existing Sewer System In Progress $ 16,942,058 $ 7,516,463 44% Sewer Impact Fees Total $ 16,942,058 $ 7,516,463 44%
Water Impact Fees
[3]
Various Buy into existing Water System In Progress $ 59,263,391 $ 15,291,645 26% Water Impact Fees Total $ 59,263,391 $ 15,291,645 Note 1: Estimated Project Costs and Budget/Funding to Date amounts are from the 2022/23 - 2026/27 CIP. Budget/ Funding to Date include DIF amounts only.

Note 2: Sewer Impact Fees are connection fees to existing system. The estimated project costs and budget/funding to date are from July 1, 1999 through June 30, 2023.

Note 3: Water Impact Fees are connection fees to existing system. The estimated project costs and budget/funding to date are from July 1, 1999 through June 30, 2023.

Development Impact Fee Project Identification
As of June 30, 2023
Construction Development Impact Fees
424

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2024 ITEM # 13
SUBJECT:

CONSIDERATION OF ACCEPTANCE OF THE COMMUNITY FACILITIES DISTRICTS

ANNUAL REPORT ON SPECIAL TAXES AND BOND PROCEEDS FOR FISCAL YEAR 2022/2023
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Marc Rotteveel, Finance Analyst
Finance Department
ATTACHMENT [X] Yes [ ] No [X] Information [ ] Direction [ ] Action

OBJECTIVE
The purpose of this report is to provide annual information concerning the use of special tax and bond proceeds for community facilities districts to comply with the Local Agency Special Tax and Bond Accountability Act (SB 165).

RECOMMENDED ACTION
Staff respectfully recommends the City Council receive the Community Facilities District annual report on Special Taxes and Bond Proceeds for the 2022/2023 fiscal year and provide staff any comments.

BACKGROUND
This report is prepared annually in order to comply with Government Code Section 50075 et seq. regarding requirements governing expenditures of bond proceeds secured by a special tax. The City reports on “Mello Roos” districts that are subject to the reporting requirements as described herein.

Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”), which requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds.

The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 or Section 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the special tax district and others are handled through annual reports. This report intends to comply with Section 50075.3 or Section 53411 of the California Government Code which states: “The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following: (a) The amount of funds collected and expended. (b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 or Section 53410.”

ANALYSIS
The Mello-Roos Community Facilities Act of 1982 was enacted into law by the California Legislature. The act authorizes a local governmental agency, such as a school district or city, to form a community facilities district (CFD) within a defined set of boundaries for the purposes of providing public facilities and services. The annual report is intended to provide an analysis of the special taxes and bond proceeds collected and expended on specific projects for the purposes for which the CFDs were established. There are currently 18 active CFDs that were formed for the purpose of financing infrastructure projects and have active debt service activity. However, only the following CFD has activity related to construction projects:

1. CFD 27 Bridge District - funding is designated for infrastructure projects related to new and upgraded roadway segments and supporting utilities – sewer, water, storm drainage and commercial utilities.

The attached report is required to be posted publicly within 180 days of fiscal year-end. The draft report was posted to the City’s website prior to December 31, 2023, to comply with this requirement at the following link:
https://www.cityofwestsacramento.org/government/departments/finance-department/financial-documents. The final report will be posted once accepted by City Council. 425
CFD Annual Report
January 17, 2024

Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
The City’s mission includes a City Government that is Financially Sound, and the Council’s goal for achieving a Financially Sound City Government is furthered by ensuring Community Facilities Districts are prudently utilized for the purposes of providing public facilities and services.

Alternatives
The City Council may choose to:

1. Accept and file the CFD Annual Report for FY 2022/23; or

2. Request staff to return with additional information and/or modify the report as a condition of acceptance of the report.

Coordination and Review
Not applicable
Budget/Cost Impact
The Community Facilities Districts revenues and expenditures presented in this report have been included as part of the Capital Improvement Program. Since bond proceeds must be expended within three years of issuance, the budget shows that these funds will be spent in compliance with the required time frame.

ATTACHMENT

1. CFD Annual Report
426
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COMMUNITY FACILITIES DISTRICTS

ANNUAL REPORT
FISCAL YEAR ENDING JUNE 30, 2023
427
Attachment 1
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Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited and require an annual report containing specified information concerning the use of the proceeds.

The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 or Section 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the special tax district and others are handled through annual reports. This section of this report intends to comply with Section 50075.3 or Section 53411 of the California Government Code that states: “The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter.

The annual report shall contain the following information for each of the community facilities districts:

1. The amount of fund collected and expended.

2. The status of any project required or authorized to be funded.

In addition, this report incorporates by reference the following documents:

1. Annual District Administration Reports (available for viewing on the Finance Department’s page of the City’s website under financial documents).

CFD 8 Southport Industrial Park
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1,2][3]
Fiscal Agent
Reserve
6/30/2023[2][3] Project Status
12/6/2022 $ 18,485,000.00 $ 18,148,689.90 $ 8,096.97 $ 328,213.13 Ongoing 2/5/2014 $ 34,800,000.00 $ 34,800,000.00 $ 4,205,032.87 $ 1,837,478.73 Complete 3/21/2001 $ 15,500,000.00 $ 15,500,000.00 $ - $ - Complete 1/20/1999 $ 32,000,000.00 $ 32,000,000.00 $ - $ - Complete [1] Fund 713 debt service CFD 8.
[2] Fund 723 debt service CFDs 8 & 9.
[3] Fund 748 debt service refunding CFD 8 & 9.

Note: Bond series 1998 (issued in 1999) & 2001 refundings were combined for CFDs 8 & 9. 428
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CFD 9 Staple Project
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
2/5/2014 $ 170,000.00 $ 170,000.00 $ 29,615.12 $ - Complete 1/20/1999 $ 225,000.00 $ 225,000.00 $ - $ - Complete
[1] Fund 716 debt service CFD 9.

Note: Bond series 1998 (issued in 1999) refunding was combined for CFDs 8 & 9.

CFD 10 Bridgeway Island
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023[2] Project Status
5/23/2006 $ 24,330,379.00 $ 24,330,379.00 $ 1,573,967.25 $ 2,351,857.57 Complete [1] Fund 736 debt service CFD 10.
[2] Fund 735 debt service CFDs 10, 11, 15, 16, 18 & 19.

Note: Multiple bond series refundings were combined for CFDs 10, 11, 15, 16, 18 & 19 and completed in 2006.

CFD 11 Gateway
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
5/23/2006 $ 4,427,762.00 $ 4,427,762.00 $ 388,856.36 $ - Complete [1] Fund 737 debt service CFD 11.

Note: Multiple bond series refundings were combined for CFDs 10, 11, 15, 16, 18 & 19 and completed in 2006.

CFD 12 Raley's Field
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
6/1/2013 $ 5,391,217.00 $ 5,391,217.00 $ 916,937.66 $ - Complete [1] Fund 719 debt service CFD 12.

CFD 14 Newport Estates
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1,2]
Fiscal Agent
Reserve
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023[2] Project Status
6/26/2014 $ 6,820,000.00 $ 6,820,000.00 $ 657,625.02 $ 639,507.85 $ - Complete 7/17/2012 $ 3,855,000.00 $ 3,855,000.00 $ 53,468.40 $ - $ 522,801.59 Complete 3/24/2004 $ 4,800,000.00 $ 4,800,000.00 $ - $ - $ - Complete 8/1/2001 $ 3,860,000.00 $ 3,860,000.00 $ - $ - $ - Complete [1] Fund 722 debt service CFD 14.
[2] Fund 743 debt service CFDs 14 & 17.

Note: Bond series 2004 refunding was completed in 2014.

Note: Bond series 2001 refundings were combined for CFDs 14 & 17 and completed in 2012. 429
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CFD 15 Pheasant Hollow
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
5/23/2006 $ 1,960,220.00 $ 1,960,220.00 $ 159,660.01 $ - Complete 12/4/2002 $ 1,905,000.00 $ 1,905,000.00 $ - $ - Complete [1] Fund 724 debt service CFD 15.

Note: Multiple bond series refundings were combined for CFDs 10, 11, 15, 16, 18 & 19 and completed in 2006.

CFD 16 Bridgeway Lakes
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023[1] Project Status
5/23/2006 $ 14,263,376.00 $ 14,263,376.00 $ 627,784.76 $ 45,646.57 Complete 11/25/2003 $ 13,585,000.00 $ 13,585,000.00 $ - $ - Complete [1] Fund 725 debt service CFD 16.

Note: Multiple bond series refundings were combined for CFDs 10, 11, 15, 16, 18 & 19 and completed in 2006.

CFD 17 Parella
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023[2] Project Status
2/17/2016 $ 2,190,000.00 $ 2,190,000.00 $ 562,872.38 $ 880,069.76 Complete 7/17/2012 $ 2,730,000.00 $ 2,730,000.00 $ - $ - Complete 8/30/2006 $ 2,725,000.00 $ 2,725,000.00 $ - $ - Complete 12/3/2003 $ 2,850,000.00 $ 2,850,000.00 $ - $ - Complete [1] Fund 727 debt service CFD 17.
[2] Fund 745 debt service CFDs 17, 21, 23 & 24..

Note: Multiple bond series refundings were combined for CFDs 17, 21, 23 & 24 and completed in 2016.

Note: Bond series 2003 refunding was combined for CFDs 14 & 17 and completed in 2012.

CFD 18 Gateway Unit 4
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
5/23/2006 $ 828,722.00 $ 828,722.00 $ 78,754.37 $ - Complete 3/24/2004 $ 800,000.00 $ 800,000.00 $ - $ - Complete
[1] Fund 728 debt service CFD 18.

Note: Multiple bond series refundings were combined for CFDs 10, 11, 15, 16, 18 & 19 and completed in 2006. 430
Attachment 1
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CFD 19 River Ranch
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
5/23/2006 $ 2,780,803.00 $ 2,780,803.00 $ 227,214.55 $ - Complete 8/10/2004 $ 2,640,000.00 $ 2,640,000.00 $ - $ - Complete [1] Fund 729 debt service CFD 19.

Note: Multiple bond series refundings were combined for CFDs 10, 11, 15, 16, 18 & 19 and completed in 2006.

CFD 20 Bridgeway Lakes II
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023[1] Project Status
2/27/2013 $ 10,360,000.00 $ 10,360,000.00 $ 760,733.49 $ 768,458.97 Complete 5/31/2005 $ 11,000,000.00 $ 11,000,000.00 $ - $ - Complete [1] Fund 731 debt service CFD 20.

Note: Bond series 2005 refunding was completed in 2013.

CFD 21 Parlin Ranch
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
2/17/2016 $ 2,800,000.00 $ 2,800,000.00 $ 241,934.71 $ - Complete 10/4/2006 $ 3,445,000.00 $ 3,445,000.00 $ - $ - Complete [1] Fund 732 debt service CFD 21.

Note: Bond series 2006 refunding was completed in 2016.

CFD 23 Triangle Area
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
2/17/2016 $ 6,180,000.00 $ 6,180,000.00 $ 516,860.23 $ - Complete 7/19/2007 $ 6,936,118.25 $ 6,936,118.25 $ - $ - Complete [1] Fund 734 debt service CFD 23.

Note: Bond series 2007 refunding was completed in 2016.

CFD 24 Bridgeway Lakes North
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
2/17/2016 $ 1,155,000.00 $ 1,155,000.00 $ 156,185.92 $ - Complete 2/28/2008 $ 1,312,424.70 $ 1,312,424.70 $ - $ - Complete [1] Fund 739 debt service CFD 24.

Note: Bond series 2008 refunding was completed in 2016. 431
Attachment 1
5 | P a g e
CFD 26 Yarbrough
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Fiscal Agent
Reserve
6/30/2023 Project Status
12/9/2008 $ 4,000,000.00 $ 4,000,000.00 $ 48,538.40 $ - Complete [1] Fund 741 debt service CFD 26.

Note: Bond series paid off on 9/1/2018.

CFD 27 Bridge District
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1]
Cash Balance
6/30/2023[3]
Fiscal Agent
Construction
6/30/2023[3]
Fiscal Agent
Reserve
6/30/2023[1,2] Project Status
9/6/2017 $ 14,190,000.00 $ 10,133,150.36 $ - $ (8,505,844.76) $ 12,562,694.40 $ 762,041.15 Ongoing 4/19/2016 $ 16,075,000.00 $ 16,075,000.00 $ 1,967,718.68 $ - $ - $ 1,095,963.66 Ongoing 8/9/2010 $ 12,535,441.80 $ 12,535,441.80 $ - $ - $ - $ - Complete [1] Fund 742 debt service CFD 27.
[2] Fund 746 debt service CFD 27.
[3] Fund 792 construction CFD 27.

Note 1: Bond series 2010 refunding was completed in 2016.

Note 2: Negative cash balance due to pending draw from construction bonds.

CFD 29 Port Towne
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2023[1,2]
Fiscal Agent
Reserve
6/30/2023[1,2] Project Status
8/27/2019 $ 3,645,000.00 $ 3,645,000.00 $ 159,671.16 $ 257,234.54 Complete [1] Fund 747 debt service CFD 29.
[2] Fund 790 construction CFD 29.

Note: Bond series issued in FY 2019/20 and assessed on FY 19/20 tax roll. 432

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2024 ITEM # 14
SUBJECT:

CONSIDERATION OF ADOPTION OF THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF WEST SACRAMENTO AND THE WEST SACRAMENTO BATTALION CHIEFS’ ASSOCIATION AND ADOPTION OF THE BENEFIT SUMMARY INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Amanda Berlin, Assistant City Manager
Liane Lee, Human Resources Manager
Kaitlyn Montez, Sr. Human Resources Analyst
City Manager’s Office
ATTACHMENT [X ] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to seek City Council consideration of a two-year (2) year Memorandum of Understanding between the City of West Sacramento and the West Sacramento Battalion Chiefs’ Association.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Adopt the Memorandum of Understanding between the City of West Sacramento and the West Sacramento West Sacramento Battalion Chiefs’ Association effective November 4, 2023 through November 4, 2025; and

2. Approve the Benefit Summary for the West Sacramento Battalion Chiefs’ Association effective November 4, 2023 through November 4, 2025.

BACKGROUND
In November 2022, the four Battalion Chiefs filled a Petition for Exclusive Recognition as a bargaining unit (the Battalion Chiefs’ Association). The Battalion Chiefs’ Association (BCA) was recognized by the City Manager in February 2023. Negotiations commenced on June 6, 2023. A tentative agreement was reached on November 8, 2023. The members of the Association ratified the tentative agreement on November 9, 2023.

ANALYSIS
The City and BCA agreed to a total tentative agreement for a new two-year Memorandum of Understanding (MOU) effective November 4, 2023 through November 4, 2025. The Council approved the total tentative agreement and Classification Plan (Salary Schedule) on November 15, 2023.

As indicated in the November 15 staff report, staff is now returning with the full, inaugural MOU incorporating the economic provisions outlined in the total tentative agreement, as well as other non-economic provisions for City Council approval.

Environmental Considerations
Not applicable.

Commission Recommendation
Not applicable.

Strategic Plan Integration
These recommendations support the City Council’s Mission to provide Quality Municipal Services and a City government that is financially sound with a superior workforce.

Alternatives
The City Council may choose to accept or reject any or all of the terms of the agreement. However, should the terms of this agreement be rejected or modified, the City and the Union will have to reopen negotiations.

Coordination and Review
Representatives of the BCA and the City of West Sacramento have agreed to the terms of the agreement. The BCA membership ratified the tentative agreement on November 9, 2023 and the full MOU on December 19, 2023.
433
West Sacramento Battalion Chiefs’ Association MOU
January 17, 2024

Budget/Cost Impact
There is no cost associated with approval of the full MOU; funding for the cost of the economic provisions of the MOU was already approved by the City Council on November 15, 2023.

ATTACHMENTS

1. Memorandum of Understanding

2. Benefit Summary
434

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF WEST SACRAMENTO
AND
WEST SACRAMENTO BATTALION CHIEFS’ ASSOCIATION
Effective November 4, 2023 through November 4, 2025
435
Table of Contents

1. RECITALS..................................................................................................... 1

2. MANAGEMENT RIGHTS .............................................................................. 1

3. BCA RIGHTS................................................................................................. 3

4. NO STRIKE PROVISION .............................................................................. 3

5. SICK LEAVE.................................................................................................. 4

6. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE .............................. 5

7. VACATION .................................................................................................... 5

8. HOLIDAYS .................................................................................................... 7

9. MANAGEMENT LEAVE ................................................................................ 8

10. RETIREMENT ............................................................................................. 8

11. UNIFORM ALLOWANCE ............................................................................ 9

12. HEALTH AND WELFARE BENEFITS......................................................... 9

14. COMPENSATION ....................................................................................... 13

15. SCHEDULE AND HOURS........................................................................... 16

16. DEPARTMENT SENIORITY LIST............................................................... 17

17. LAYOFFS.................................................................................................... 17

18. PROBATIONARY PERIOD ......................................................................... 18

19. WORKING CONDITIONS ........................................................................... 19

20. NON-DISCIPLINARY GRIEVANCE AND ARBITRATION PROCEDURE... 19

21. DISCIPLINARY PROCEDURE.................................................................... 23

22. TERM .......................................................................................................... 26 APPENDIX "A" LEAVE CONVERSION - 40 HOUR PERSONNEL................... i 436
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

1. RECITALS

1.1. This memorandum of Understanding is entered into by and between the City of West Sacramento, hereinafter referred to as the "City" and City of West Sacramento Battalion Chiefs’ Association, hereinafter referred to as the "BCA."

1.2. The City Council, or its designated agent(s) shall represent the City.

1.3. The City recognizes BCA as the sole and exclusive bargaining agent for all employees of the City who are in the Battalion Chief classification.

2. MANAGEMENT RIGHTS
Except as otherwise limited by a specific term of a labor agreement, the City has, and retains the sole and exclusive rights and functions of management, including, but not limited to, the following:
• To determine the nature and extent of services to be performed, as well as the right to determine and implement its public function and responsibility. • To manage all facilities and operations of the City, including the methods, means and personnel by which the City operations are to be conducted. • To schedule working hours and assign work.
• To establish, modify, or change work schedules or standards. • To direct the workforce, including the right to hire, assign, promote, demote, or transfer an employee.
• To determine the location of all work assignments and facilities. • To determine the layout and the machinery, equipment or materials to be used. • To determine processes, techniques, methods and means of all operations, including changes, allocations, or adjustment of any machinery or equipment. • To determine the size and composition of the work force. • To determine policy and procedures affecting the selection or training of employees. 437
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

• To establish, assess and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment.
• To control and determine the use and location of City employees, property, material, machinery, or equipment.
• To schedule the operation of, and to determine the number and duration of shifts. • To determine and enforce safety, health, and property protection measures and require adherence thereto.
• To transfer work from one job site to another or from one location or unit to another. • To introduce new, improved, or different methods of operations, or to change existing methods.
• To layoff employees from duty for lack of work and/or lack of funds. • To reprimand, suspend, discharge, or otherwise discipline employees. • To discharge probationary employees without right of appeal. • To establish, modify, determine, or eliminate job classifications and allocate City positions to such classification.
• To promulgate, modify, and enforce work rules, safety rules, and regulations. • To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.
• To take all necessary actions to prepare for and carry out its mission in emergencies. • To contract or subcontract construction, services, maintenance, distribution, or any other work with outside public or private entities.
• No Arbitrator shall have the authority to diminish any of the City rights included in this section.

Any agreement by the City to meet and confer or meet and consult over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights.
438
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

3. BCA RIGHTS

3.1. Payroll Deductions
The City shall deduct BCA dues, initiation fees, assessments, and associated provided insurance from each paycheck, or pay as applicable. The City shall promptly pay to the designated payee all sums so deducted.

3.2. Hold Harmless
BCA shall indemnify and hold harmless the City, its officers and employees from any and all claims, demands, suits, or any other action arising from the collection of dues. In no event shall the City be required to pay from its own funds: BCA Association dues, initiation fees, assessments and association provided insurance.

3.3. Meetings
BCA shall have the right to reasonable use of City facilities for meetings upon timely written or oral application stating the purpose of such use. Such use shall not interfere with the regular course of doing business.

4. NO STRIKE PROVISION

4.1. Job Action
The officers, agents, representatives, and/or members agree that during the term of this agreement they will not honor any job action by any other employee(s) or recognize a picket line of a labor organization while in the course of the performance of their official duties.

4.2. BCA Responsibility
In the event of an unauthorized job action, as specified in 4.1 above, the City agrees that there will be no liability on the part of BCA provided the employee organization promptly and publicly disavows such unauthorized action, immediately orders the employees to resume work, and attempts to bring about a prompt resumption of normal operations, and provided, further that BCA notified the City in writing within forty-eight (48) hours after the commencement of such job action, as to the measures it has taken to comply with the provisions of this agreement.

4.3. Disciplinary Action
439
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

Should BCA fail to adhere to, or in any way violate the "No Strike Provision" in this agreement, the City will utilize all lawful remedies and disciplinary actions.

5. SICK LEAVE

5.1 Sick leave is defined as the absence from duty by an employee because of:

5.1.1. Their own illness or injury or exposure to a contagious disease which incapacitates such employee from their duties;

5.1.2. Their own medical or dental appointment(s); or

5.1.3. They must care for a member of their family because of illness, injury or exposure to a contagious disease and when the care of such employee is definitely required, or for their family member's medical or dental appointments.

5.1.3.1. As used in this subsection, "family" means husband, wife, domestic partner, child, brother, sister, parents, grandparents or spouse's parents, brother in law, sister in law or grandparents. "Child" is defined as a biological, foster, or adopted child, a stepchild, a legal ward or a child of a person standing "in loco parentis" (refers to a person who has put themselvesin the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to legal adoption.

5.2. The Fire Chief, or designee, may request a doctor's certificate as proof of necessity for absence in excess of four (4) consecutive shifts (96 hours) for personnel assigned to the forty-eight (48)/ninety-six (96) schedule and three (3) consecutive days for personnel assigned to a forty (40) hour work schedule in order for sick leave with pay to be granted. The parties agree that such means shall not be used to harass or intimidate employees or discourage appropriate use of sick leave. If a pattern has been established where an employee has taken sick leave on certain days of the week (e.g., holidays, last day of the workweek) a doctor's note may be requested.

5.3. Personnel assigned to the forty-eight (48)/ninety-six (96) schedule shall earn sick leave at the rate of one-half (1/2) shift per month.
440
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

5.4. Unit personnel assigned to forty (40) hour work schedules shall have their leave converted pursuant to Appendix A.

5.5. In the event of an employee’s death or layoff, up to fifty percent (50%) of accumulated sick leave will be paid off. At retirement, an employee has two (2) options regarding their accumulated sick leave. The employee can choose up to fifty percent (50%) cash-out, the remaining percent of the employee’s unpaid accumulated sick leave is reported to CalPERS for additional service credit OR in lieu of receiving any cash-out, the employee may choose to have one hundred percent (100%) of the accumulated sick leave reported to CalPERS.

5.6. An employee who is incapacitated due to serious illness or injury while on vacation leave shall have such time charged against sick leave when they promptly notify their supervisor and substantiate such request upon return to normal duty.

6. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE

6.1. Please see Section 4.5.8 of the City Personnel Rules. The City agrees that the terms and conditions of the Bereavement and Reproductive Loss Leave contained in this Section of the Personnel Rules shall not be changed without meeting and conferring with the BCA.

7. VACATION

7.1. Accumulation of Vacation Leave
Vacation leave is accrued yearly and is computed on the basis of the employee's hire date as a full-time employee.

Maximum accumulation through 19 yrs = 296 hours per year for personnel assigned to a forty (40) hour work schedule.

Maximum accumulation through 19 yrs = 444 hours for personnel assigned to the forty-eight ninety-six schedule (48/96).

Maximum accumulation for over 20 yrs = 356 hours per year for personnel assigned to a forty (40) hour work schedule.
441
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

Maximum accumulation for over 20 yrs = 534 hours for personnel assigned to the forty-eight ninety-six schedule (48/96).

Total payoff at separation.
1 - 24 hour shift = 2 - 8 hour days of vacation.

7.1.1. Accrual of Vacation Leave
56-Hour Employee:

Years of Service Annual Shifts Earned Annual Accrual
Hours
Monthly
Accrual Hours
0 - 5 years 6 144 12
6 - 10 years 9 216 18
11+ years 12 288 24
40-Hour Employee:

Years of Service Conversion Factor Annual Accrual
Hours
Monthly
Accrual Hours
0 - 5 years 6 shifts x 16 hours 96 8
6 - 10 years 9 shifts x 16 hours 144 12
11+ years 12 shifts x 16 hours 192 16

7.1.2. Effective November 4, 2023, employees may have prior years of qualifying service included in their City years of service to count toward their accrual tier if they previously worked as a full time paid Firefighter/EMT or above. Prior years of service must be verified by submitting employment documentation outlining previous dates of employment. Additional documentation may be requested if necessary.

7.2. Scheduling Vacations
Vacation for members will be scheduled to ensure sufficient staffing is available to provide shift battalion chief coverage. Priority of vacation selection shall be by time in the Department.

7.3. Vacation Buy-Back
442
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

Employees will be eligible to sell back unused accrued vacation hours annually in the second pay period of January each calendar year.

To qualify to participate in the vacation sell back program, the employee must use a minimum of 40 hours of accrued leave time (not including sick leave or paid holidays) in the preceding calendar year and submit a request form for the sell back by December prior to the sell back.

If qualified, shift employees can sell back up to one hundred and twenty (120) hours and 40-hour employees can sell back up to eighty (80) hours of accrued vacation time each calendar year.

8. HOLIDAYS

8.1. All forty-eight (48)/ninety-six (96) hour personnel will receive six (6) twenty-four (24) hour shifts per year as holidays plus one point seven-five (1.75) shifts of floating holidays. Holidays accrue at the beginning of each calendar year; floating holidays accrue at the beginning of the fiscal year.

An employee appointed during the period from July 1 through December 31 shall be entitled to one point seven-five (1.75) shifts for that fiscal year. An employee appointed during the period from January 1 through March 31 shall be entitled to zero point eight seven-five (0.875) shifts for the remainder of the fiscal year. An employee appointed during the period from April 1 through June 30 shall not be entitled to any floating holiday hours for that fiscal year. Upon separation, employees are entitled to payout for any unused floating holiday time. Employees on a forty-eight (48)/ninety-six (96) hour schedule may cash out up to ninety-six (96) hours of holiday leave per fiscal year.

8.2. Unit personnel assigned to forty (40) hour work schedules will receive twelve (12) set holidays listed in Section 8.4 and three and one-half (3.5) floating holidays. Holidays accrue at the beginning of each calendar year; floating holidays accrue at the beginning of the fiscal year. An employee appointed during the period from July 1 through December 31 shall be entitled to twenty-eight (28) hours for that fiscal year. An employee appointed during the period from January 1 through March 31 shall be entitled to fourteen (14) hours for the remainder of the fiscal year. An employee appointed during the period from April 1 through June 30 shall not be entitled to any floating holiday hours for that fiscal year. Upon separation, employees are entitled to payout for any unused floating holiday time. For personnel assigned to a 40-hour week, when a City designated holiday falls on regularly scheduled weekday, if they elect to work the holiday, shall receive their base rate and they will bank their holiday hours at the straight time base rate. 443
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

If they elect to not work the holiday, they will receive holiday pay at their base rate for their hours on that day.

8.3. Shift personnel assigned to work on a City designated holiday due to Emergency Call Back shall receive one and one-half (1-1/2) times their straight time base rate for up to twenty-four (24) hours per shift. This includes responses pursuant to automatic aid agreements and to responses to agencies within Yolo County. (See “Emergency Incident Pay”.)

8.4. The requirements of Section 8.3 above shall be instituted for the following holidays:
1) New Year’s Day (January 1)
2) Martin Luther King Jr.’s Birthday (Third Monday in January) 3) President’s Day (Third Monday in February)
4) Cesar Chavez Day (March 31)
5) Memorial Day (Last Monday in May)
6) Juneteenth (June 19)
7) Independence Day (July 4)
8) Labor Day (First Monday in September)
9) Veteran’s Day (November 11)
10) Thanksgiving Day (Fourth Thursday in November)
11) Day after Thanksgiving Day (Friday following Thanksgiving) 12) Christmas Day (December 25)

9. MANAGEMENT LEAVE
Employees on a 40-hour schedule shall receive eighty (80) hours and employees on a shift schedule shall receive one hundred and twenty (120) hours per fiscal year of management leave annually on July 1.

Employees hired during the fiscal year shall receive a pro-rated amount of management leave for that year. Upon separation, employees are entitled to payout for any unused management leave hours.

10. RETIREMENT

10.1. The City shall continue retirement coverage for all employees under the California Public Employees’ Retirement system (CalPERS).
444
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

For employees hired on or after January 1, 2013, who are new CalPERS members, the retirement formula will be 2.7% @ 57 in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA) and includes 3 year final compensation and Unused Sick Leave Credit. Employees shall have a member contribution rate of fifty percent (50%) of the total normal cost rate.

For employees hired on or after December 15, 2012, or who are current CalPERS members, the retirement formula is 3% @ 55 plan and includes 3 year final compensation and Unused Sick Leave Credit. The employee pays entire 9% of employee’s contribution.

For employees hired before December 15, 2012, the retirement formula is 3% @ 50 with final year highest compensation, enhanced non-industrial disability, 1959 Survivor's Benefit (4th level), and Unused Sick Leave Credit. The employee pays entire 9% of employee’s contribution.

New employees covered by a public retirement system with reciprocity (i.e., 37 Act) will be placed in the 3% @ 55 plan in accordance with PEPRA.

10.2 Employee Contribution To Employer Share
Effective November 4, 2023, all employees shall pay an additional one percent (1%) towards the employer share of CalPERS retirement. As soon as administratively possible, the City will amend its contract with CalPERS per PERS Section 20516. As applicable, the employee contribution will be made pre-tax.

11. UNIFORM ALLOWANCE

11.1. Each employee shall receive an annual uniform allowance of one (1) percent of their base pay.

Employees shall receive their uniform allowance in equal installments paid in each regular biweekly payroll.

11.2. Within the one (1) year of employment in the unit, employees shall purchase Class A uniforms.

Class A uniforms shall comply with department standard. Upon promotion into the unit, employees shall ensure Class A uniforms comply with department standards.

12. HEALTH AND WELFARE BENEFITS

12.1. City Contributions for Dental, Vision and Medical 445
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

The City shall continue enrollment in the State of California Public Employees' Retirement System (CalPERS) Health Insurance Program. Medical plans are offered through the CalPERS medical program (PEHMCA) using the unequal, minimum contribution methodology. Dental plan is selfinsured through Delta Dental. Vision plan is Vision Service Plan.

12.1.1 Effective November 4, 2023, the employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as listed below. The employee must purchase dental, vision and life at the employee only level at minimum.
• Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed $905 per month.
• Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed $1,358 per month. • Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed $1,773 per month. • In no event shall the contribution exceed 100% of the selected plan premium cost including dental and vision.
• Share the Savings
o Employees hired prior to June 30, 2019, who choose not to participate in any of the City’s medical plans (“opt out”) and show proof of other group health care coverage, shall receive four hundred and seventy-five dollars ($475) per month plus City paid dental/vision up to the family rate depending on coverage selected. o New employees hired on or after June 30, 2019, who opt out will receive four hundred and seventy-five dollars ($475) and City paid dental/vision at the employee only rate. Employees can purchase up to the family rate with the opt out funds.

12.1.2. Effective the pay period inclusive of January 1, 2024, the employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as listed below. The employee must purchase dental, vision and life at the employee only level at minimum.
• Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed $1,075 per month.
446
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

• Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed $1,822 per month. • Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed $2,377 per month. • In no event shall the City contribution exceed 100% of the selected plan premium cost including dental and vision.
• Share the Savings
o Employees hired prior to June 30, 2019, who choose not to participate in any of the City’s medical plans (“opt out”) and show proof of other group health care coverage, shall receive four hundred and seventy-five dollars ($475) per month plus City paid dental/vision up to the family rate depending on coverage selected. o New employees hired on or after June 30, 2019, who opt out will receive four hundred and seventy-five dollars ($475) and City paid dental/vision at the employee only rate. Employees can purchase up to the family rate with the opt out funds.

12.1.3. Effective January 1, 2025, the employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as listed below. The employee must purchase dental, vision and life at the employee only level at minimum:
• Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed $1,175 per month.
• Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed $1,922 per month. • Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed $2,477 per month. • In no event shall the City contribution exceed 100% of the selected plan premium cost including dental and vision.
• Share the Savings
o Employees hired prior to June 30, 2019, who choose not to participate in any of the City’s medical plans (“opt out”) and show proof of other group health care coverage, shall receive four hundred and seventy-five dollars ($475) per month plus City paid dental/vision up to the family rate depending on coverage selected. 447
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

o New employees hired on or after June 30, 2019, who opt out will receive four hundred and seventy-five dollars ($475) and City paid dental/vision at the employee only rate. Employees can purchase up to the family rate with the opt out funds.

12.2 Life Insurance
The Life Insurance is a $24,000 term life insurance policy with $1,000 coverage for a spouse and children aged 6 months to 23 years and $100 coverage for children aged 14 days to 6 months.

Premiums shall be paid by the employee.

13. RETIREE MEDICAL BENEFITS

13.1 Employees first hired before June 30, 2019
City pays for CalPERS medical plan premiums up to $800 per month. Dental and Vision paid by the retiree. Vision is offered for 18 months (COBRA). Should the retiree not elect to participate in dental after retirement or cancels coverage, they cannot re-elect coverage during open enrollment.

13.2 Employees first hired on or after June 30, 2019
The City’s maximum monthly medical contribution for each eligible retiree shall be equal to the minimum employer contribution required for active employees pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA). In addition to the PEMHCA minimum, employees will receive the following contributions to their Retiree Health Savings account:
• From zero (0) to five (5) years of service, employees shall receive twenty-five ($25) per month in to be deposited to the employee’s RHS account.
• After completion of five (5) years of continuous service with the City, employees shall receive one hundred dollars ($100.00) per month to be deposited into their RHS account. • After completion of ten (10) years of continuous service with the City, employees shall receive one hundred and fifty dollars ($150.00) per month to be deposited into their RHS account. • After completion of twenty (20) years of continuous service with the City, employees shall receive two hundred dollars ($200.00) per month to be deposited into their RHS account. 448
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

Employees who terminate City service for reasons other than retirement or layoff prior to ten (10) years of continuous service with the City will forfeit any City contribution.

Employees will fall under the medical retirement tier based on original date of hire as a regular employee.

13.2.1 Effective the pay period after ratification and inclusive of approval by the City, employees first hired after July 1, 2019 may have prior years of qualifying service included in their City years of service to count toward their accrual tier if they previously worked as a full time paid Firefighter/EMT or above. Prior years of service must be verified by submitting employment documentation outlining previous dates of employment. Additional documentation may be requested if necessary.

13.3 Rehired employees
Rehired employees will fall under the medical retirement tier based on original date of hire. If employee is rehired, their prior years of city service from original date of hire as a regular employee, will count towards total years of city service.

14. COMPENSATION

14.1. Salary
Effective November 4, 2023, the classification of Battalion Chief shall receive a general salary increase of three percent (3.0%).

Effective November 4, 2023, the classification of Battalion Chief shall receive an additional equity adjustment of three percent (3.0%).

Effective the pay period inclusive of July 1, 2024, the classification Battalion Chief shall receive a general salary increase of three percent (3.0%).

14.2. Training Specialty Assignment
449
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

Effective November 4, 2023, employees who are routinely and consistently assigned to train employees shall receive an additional five percent (5%) of base pay during the term of their assignment. The Fire Chief or designee at their sole discretion will assign such duties and determine the number of employees receiving this assignment.

14.2.1. Employees on light/limited duty capacity are not eligible to receive an additional five percent (5%) if assigned work as part of their light/limited duty.

14.3. Administrative Assignment Pay
Effective November 4, 2023, employees assigned to an administrative assignment shall receive an additional five percent (5%) of base pay during the term of their assignment. This additional compensation does not qualify as Special Compensation reportable to CalPERS (as Employees in this unit are not eligible rank and file employees). The Fire Chief or designee will assign such duties and determine the number of employees receiving this assignment at their sole discretion.

14.3.1 Employees on light/limited duty capacity are not eligible to receive an additional five percent (5%) if assigned to administrative work as part of their light/limited duty.

14.4. Educational and Certification Incentive Pay
Maximum educational and certification incentive that may be obtained is eight and one half percent (8.5%) of base pay per employee.

Education Amount
BA/BS 5%
AA/AS 2%
Maximum educational incentive that may be obtained is five percent (5%) of base pay per employee. Employees possessing both an AA/AS and BA/BS will be paid at the highest certificate amount.

Certificate Amount
Chief Fire Officer Certification 3.5%
Maximum certification incentive that may be obtained is three and onehalf percent (3.5%) of base pay per employee. New certificates must be earned off duty.
450
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

The incentives in this section shall be cumulative and not compounded. Compensation changes in Section 14.4 shall be effective the payroll period inclusive of ratification by BCA and approval by the City Council.

14.5. Career Enhancement and Wellness Reimbursement
The City will reimburse up to one thousand dollars ($1000) per fiscal year to all eligible employees (prorated for new hires) for eligible expenses related to Career Enhancement and/or Wellness Activities and Programs incurred within twelve (12) months from the date of the expenditure, pursuant to the requirements and procedures outlined in City Administrative Policy II-E-1.

14.6. Time Rounding
Time worked as a continuation of the normal twenty-four (24) hour shift shall be rounded to the nearest twelve (12) minute increment.

14.7. Standby Pay
If the Fire Chief or designee, determine any standby schedule is necessary, an employee shall be paid two dollars ($2.75) per hour for any hours worked on a standby assignment.

14.8. Emergency Incident Pay

14.8.1. Emergency Call Back
All hours worked by employees outside their regular working hours as a result of emergency call back or station staffing will be paid at one and one-half (1-1/2) times the employee's base rate of pay.

14.8.2. Mutual Aid and Other Responses
Employees shall be paid at the rate of time and one-half (1.5) their base rate of pay for mutual aid response through the California Mutual Aid System and for call-out and response through the California Office of Emergency Services outside of their regular working hours.

Employees shall be paid at the rate of time and one-half (1.5) their base rate of pay in the event of an unusual or prolonged emergency situation within the City of West Sacramento outside their regular working hours as approved by the City Manager.

14.8.3. Strike Team/Overhead Deployments
451
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

Employees assigned to a reimbursable strike team/overhead deployment (Line EMT, PIO, Overhead or other recognized positions) shall receive a ten percent (10%) differential for any reimbursable strike team/overhead incident. The pay differential shall apply from the time of deployment to the employee's return from the deployment. USAR deployments are excluded from this pay differential.

14.9. Retention Bonus
Effective the pay period inclusive of November 1, 2024, all Association members will receive a one-time, non-PERSable lump sum retention payment in the amount of four percent (4%) of annual base rate of pay.

14.10. Bilingual Pay
Employee’s possessing and utilizing bilingual skills on duty shall receive bilingual pay in the amount of five percent (5%) of their base rate of pay. The number of employees, languages available, and the qualification requirements will be determined by the City.

14.11. Base Rate of Pay
The base rate of pay for all employees shall mean the employee’s current hourly rate without any additional pays.

15. SCHEDULE AND HOURS

15.1. Duty Schedule
All shift personnel shall work a forty-eight (48)/ninety-six (96) hour schedule. (48 hours on duty, followed by 96 hours off duty.) All forty-eight (48)/ninety-six (96) hour shift personnel shall report for duty at 0800 hours and go off duty at 0800, forty-eight (48) hours later.

Example Duty Schedule: (Regular Shift Personnel)
"X" denotes workday or duty shift
"O" denotes day off or shift off

X X O O O O

15.3. Shift Bids
452
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

Employees shall have the opportunity to bid annually on or around November 30 for shifts and those bids shall take effect in January. If a mutual agreement cannot be met by that date, then the bidding will be completed by seniority in rank (See section 16). Based on operational need, the Fire Chief or designee retains discretion to modify shift assignment determined through the shift bid process.

15.4. Shift Trades
The City has adopted the Lexipol Policy Manual section, which provides a procedure by which employees may request voluntary shift trades. Shift trading shall not qualify as Emergency Call Back under Section 14.8.1.

16. DEPARTMENT SENIORITY LIST

16.1. Employees shall be placed on the seniority list in accordance with the date they were first placed on the payroll of the Fire Department as full-time employees. Reserve, part-time, or extra-help employment will not be credited.

16.1.1. When two (2) or more employees are assigned to the payroll on the same date, preference in the placement on the list shall be given based on relative standing on the eligibility list.

If the eligibility list ranking of two or more employees hired on the same date is the same, seniority shall be in order of the individual's total time as a full-time sworn fire personnel employed with the City. If the ranking of two or more employees hired on the same date is the same and their total time as full-time sworn fire personnel employed with the City is the same, then seniority shall be determined by drawing of lot.

17. LAYOFFS

17.1. Order of Layoff
Layoffs shall be based on the inverse order of seniority as set out in the seniority roster last provided to BCA, pursuant to the hereinafter-mentioned Memorandum of Understanding, with any additions or deletions of employees’ names appended thereto by action of the City Council.

Layoffs hereunder shall be so that employees with the least seniority shall be laid off first. 453
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025