West Sacramento City Council
March 6, 2024

Attachment 2
120
COST PROPOSAL 1

1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal
per Cost
Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$149,859.26 / 2073 = $72.29 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $72.29 + 5% = $75.91
Year 2 $75.91 + 5% = $79.70
Year 3 $79.70 + 5% = $83.69 Year 4 Avg Hourly Rate
Year 4 $83.69 + 5% = $87.87 Year 5 Avg Hourly Rate
Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 20.00% * 2073 = 414.6 Estimated Hours Year 1
Year 2 55.00% * 2073 = 1140.15 Estimated Hours Year 2
Year 3 25.00% * 2073 = 518.25 Estimated Hours Year 3
Year 4 0.00% * 2073 = 0 Estimated Hours Year 4
Year 5 0.00% * 2073 = 0 Estimated Hours Year 5
Total 100% Total = 2073

4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated
above)
(calculated
above)
Year 1 $72.29 * 414.6 = $29,971.85 Estimated Hours Year 1 Year 2 $75.91 * 1140.15 = $86,543.72 Estimated Hours Year 2 Year 3 $79.70 * 518.25 = $41,304.96 Estimated Hours Year 3 Year 4 $83.69 * 0 = $0.00 Estimated Hours Year 4
Year 5 $87.87 * 0 = $0.00 Estimated Hours Year 5
= $157,820.53
= $149,859.26
= $7,961.27 Transfer to Page 1
Period 1 = Contract inception through 6/30/24 Period 2 = 7/1/24 through 6/30/25 Period 3 = 7/1/25 through 6/30/26 Period 4 = 7/1/26 through 6/30/27 Period 5 = 7/1/27 through 6/30/28 Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary

3. Calculate estimated hours per year (Multiply estimate % each period by total ho Cost
Per Period
5 Year
Contract Duration
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

Attachment 2
121
COST PROPOSAL 1
Name: Title*:

Signature: Date of Certification (mm/dd/yyyy): 1/26/2024 Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:
[email protected] 916-858-5800
555 Capitol Mall, Suite 300, Sacramento, CA 95814
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Engineering Services

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Prime Consultant or Subconsultant Certifying:

Anthony Podegracz Vice President
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures COST PROPOSAL 1

Attachment 2
122
COST PROPOSAL 1
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 11/22/2023

DIRECT LABOR
Hours
91 56
60 56
96 22
0 0

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Antcipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] $ 38,659.81

INDIRECT COSTS
d) Fringe Benefits ( Rate: 36.64% ) e) Total Fringe Benefits [(c) x (d)] $ 14,164.95 f) Overhead ( Rate: ) $ -
h) General and Administrative ( Rate: 73.84% ) i) Gen & Admin [(c) x (h)] $ 28,546.40 j) Total Indirect Costs [(e) + (g) + (i)] $ 42,711.36

FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 10% ] $ 8,137.12 Quatity Unit
l) TOTAL OTHER DIRECT COSTS $ -
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
$ -
-$
$ 89,508.28
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) (m) TOTAL SUBCONSULTANS' COSTS
$0.00 $ -
$0.00 $ -
$0.00 $ -
$0.00 $ -
$ 36,614.00
$ 2,045.81
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
Staff Engineer Staff $34.00 $ -
Admin Staff $47.00 $ -
Sr. Geotechnical M. McIlroy $90.00 $ 8,640.00
Sr. CM Engineering J. Siemers $70.00 $ 1,540.00
Sr. Structural E. Monzon $95.00 $ 5,700.00
Sr. Structural D. Vang $92.00 $ 5,152.00
Principal Structural R. Sennett $122.00 $ 11,102.00
Sr. Structural W. Sennett $80.00 $ 4,480.00
Classification/Title Name Actual Hourly Rate Total
COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
MGE Engineering
Prime Consultant Subconsultant 2nd Tier Subconsultant

January 2020
Attachment 2
123
COST PROPOSAL 1

1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per
Cost
Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$36,614.00 / 381 = $96.10 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $96.10 + 5% = $100.90
Year 2 $100.90 + 5% = $105.95
Year 3 $105.95 + 5% = $111.25 Year 4 Avg Hourly Rate
Year 4 $111.25 + 5% = $116.81 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 25.00% * 381 = 95.25 Estimated Hours Year 1
Year 2 40.00% * 381 = 152.4 Estimated Hours Year 2
Year 3 35.00% * 381 = 133.35 Estimated Hours Year 3
Year 4 0.00% * 381 = 0 Estimated Hours Year 4
Year 5 0.00% * 381 = 0 Estimated Hours Year 5
Total 100% Total = 381

4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated
above)
(calculated
above)
Year 1 $96.10 * 95.25 = $9,153.50 Estimated Hours Year 1 Year 2 $100.90 * 152.4 = $15,377.88 Estimated Hours Year 2 Year 3 $105.95 * 133.35 = $14,128.43 Estimated Hours Year 3 Year 4 $111.25 * 0 = $0.00 Estimated Hours Year 4
Year 5 $116.81 * 0 = $0.00 Estimated Hours Year 5
= $38,659.81
= $36,614.00
= $2,045.81 Transfer to Page 1
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Cost
Per Period
Total Direct Labor Cost with Escalation
Year 2 Avg Hourly
Year 3 Avg Hourly

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
5 Year
Contract Duration
COST PROPOSAL 1

January 2020
Attachment 2
124
COST PROPOSAL 1
Name: Title*:

Signature: Date of Certification (mm/dd/yyyy): 11/22/2023 Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:
7415 Greenhaven Drive, Sacramento, CA 95831
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Structural and Geotechnical Engineering Services
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Prime Consultant or Subconsultant Certifying:

H. Fred Huang President
[email protected] (916) 421-1000

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

COST PROPOSAL 1
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

January 2020
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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.

Kimley-Horn and Associates, Inc.

By:

Parag Mehta, Vice President
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EXHIBIT E – LABOR COMPLIANCE

1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall. The contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.

B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.

C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

2. PREVAILING WAGE RECORDS
A. The Consultant and each subconsultant shall keep an accurate payroll record as mandated by Labor Code §1776 and as defined in 8 CCR §16000 which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified by a written declaration that it is made under penalty of perjury, stating both the information contained in the payroll record is true and correct and the employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. Payroll records shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work. The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.

The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the THE CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.

B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than Attachment 2
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the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775.

C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”

4. Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code. Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5.] Attachment 2
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Attachment 2
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EXHIBIT F – 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 Contract itself, the terms of this Exhibit shall control.

1. TERMINATION FOR CAUSE
A. 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.

B. 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.

C. 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.

D. 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.

2. EQUAL EMPLOYMENT OPPORTUNITY
41 CFR Part 60-1.4b
During the performance of this contract, the contractor agrees as follows A. 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 Attachment 2
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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.

B. 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.

C. 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.

D. The contractor will send to each labor union or representative of workers with which it has a collective bargaining Contract 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.

E. 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.

F. 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.

G. 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.

H. 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 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 Attachment 2
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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.

3. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR CONTRACT (F) Rights to Inventions Made Under a Contract or Contract.

If the Federal award meets the definition of “funding Contract” 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 Contract,” 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 Contracts,” and any implementing regulations issued by the awarding agency.

OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this CONTRACT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by 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 City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this CONTRACT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an CONTRACT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be 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 City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

E. THE CITY may permit copyrighting reports or other Contract products. If copyrights are permitted; the CONTRACT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

4. CLEAN AIR ACT
(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 Attachment 2
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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.

A. 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.

B. 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.

5. FEDERAL WATER POLLUTION CONTROL ACT
A. 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.

B. 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.

C. 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.

6. DEBARMENT AND SUSPENSION
(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.

A. 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).

B. 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.

C. 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 Attachment 2
133
Kimley-Horn and Associates
CPE24-030 – I Street Deck Conversion
Expires December 31, 2026
2388811.1 7203.543 47 rev 12/4/23
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).

D. 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.

E. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

F. Any exceptions to this certification must be disclosed to THE CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

G. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

7. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
A. In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

8. BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) (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 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.

Attachment 2
134
Kimley-Horn and Associates
CPE24-030 – I Street Deck Conversion
Expires December 31, 2026
2388811.1 7203.543 48 rev 12/4/23

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.

A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or THE CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this CONTRACT, or with the extension, continuation, renewal, amendment, or modification of this CONTRACT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this CONTRACT, the CONSULTANT shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making orentering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subContracts, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

9. NO OBLIGATION BY FEDERAL GOVERNMENT
A. 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.

10. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

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 Attachment 2
135
Kimley-Horn and Associates
CPE24-030 – I Street Deck Conversion
Expires December 31, 2026
2388811.1 7203.543 49 rev 12/4/23
(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."
Attachment 2
136

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 6, 2024 ITEM # 5
SUBJECT:

CONSIDERATION OF RESOLUTION 24-19 AUTHORIZING APPLICANTION FOR, AND

RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUNDS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Tanya Flores, Assistant Community Investment Planner
Economic Development and Housing
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the Council with information needed to consider adoption of Resolution 24-19 (Attachment 1) approving an application to the State Department of Housing and Community Development Prohousing Incentive Program and other related actions.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Adopt Resolution 24-19 approving the submittal of an application to the Prohousing Incentive Program; and

2. Authorize the City Manager, or his designee, to execute and deliver the Application and related documents and, if funded, execute a Standard Agreement, all amendments thereto, and any other related documents.

BACKGROUND
In December 2022, the City of West Sacramento (City) received a Prohousing Designation from the State Department of Housing and Community Development (HCD). The Prohousing Designation was established to provide incentives for jurisdictions that are compliant with existing state housing laws, housing element requirements, and have enacted local prohousing policies that go beyond existing statutory requirements. The Prohousing Designation allows the City to receive incentives in the form of additional points and/or other preference in the scoring of competitive housing, community development, and infrastructure funding programs administered by HCD. In addition, the City is eligible to apply for community development funding through the new Prohousing Incentive Pilot (PIP) Program.

In March 2023, the City submitted an application to the new PIP Program to support operations of the City’s Homekey Program at 817 West Capitol Avenue. The Homekey Program provides homeless emergency housing to approximately 60 individuals at any given time. Program participants receive case management support in addition to limited laundry and food services with the ultimate goal of preparing them for a permanent housing alternative.

The City’s PIP Program application was successful, and the City was awarded $970,000, the maximum grant amount for cities of similar population. The PIP Standard Agreement was executed in September 2023, and staff has been using funds for operational expenses including utilities, security, maintenance and case management, among other expenses. The PIP funds have been leveraged with other funding sources such as Homeless Housing Assistance Program (HHAP), Emergency Solutions Grant (ESG), Community Development Block Grant (CDBG) and local Measure E funds. The City has a commitment to HCD to continue operations of the Homekey Program through December 2025.

ANALYSIS
On January 23, 2024, HCD released a Notice of Funding Availability for Round 2 of the Prohousing Incentive Program. Applications are due by March 30, 2024, and the City is eligible to apply for a base amount of $500,000 plus an additional $500,000 bonus award as determined by HCD based on the City’s prohousing policies.

Applicants who did not receive a PIP award in Round 1 will have priority for Round 2 funding. Eligible uses of funds include, but are not limited to:
 Predevelopment, development, acquisition, rehabilitation and preservation of multifamily rental housing that is affordable to extremely low-, very low-, and moderate-income households, including operating subsidies.
137
Prohousing Incentive Program Resolution 24-19
March 6, 2024

 Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120% of area median income.
 Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
 Homeownership opportunities, including but not limited to, down payment assistance.

The City currently operates two homeless emergency housing programs at 817 West Capitol Avenue (Homekey Program) and 920 West Capitol Avenue. Staff anticipates that homeless emergency housing operations at both sites will terminate at the end of 2025 or early 2026 and the two sites will be prepared for redevelopment. In an effort to plan for a transition of program participants, staff is pursuing the acquisition of additional motel properties nearby. Staff has also been in communication with Yolo County Health and Human Services to receive Behavioral Health Bridge Housing (BHBH) Program funding of approximately $2.6 million to support the acquisition, rehabilitation and operations at the new sites. Acquisition of additional motel properties would allow the City to initially expand its homeless emergency housing options and ultimately transition the remaining existing homeless emergency housing programs to the new sites. .

To support the on-going operations of the City’s homeless emergency housing programs, staff recommends that the PIP application be submitted under the “assisting persons who are experiencing or at risk of homelessness” category. If successful, the PIP award would assist with operations at the new motel sites for approximately 10 months. If acquisition of the additional motel properties is unsuccessful, PIP funds would be used to continue supporting operations of the current homeless emergency housing programs. Staff will continue to look for additional funding sources for continued operations of the homeless emergency housing programs.

Environmental Considerations
This action is not a project subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
No commission recommendation was solicited due to application deadlines.

Strategic Plan Integration
The application aligns with the Council’s Strategic Plan Goals of facilitating housing production and housing options for everyone including the most vulnerable members of society.

Alternatives
The following alternatives to the recommended action are submitted for the Council’s consideration:

1. Elect to not adopt Resolution 24-19 which authorizes submittal of a funding application to the PIP Program; and/or

2. Modify the proposed scope of the PIP Program application.

Alternative 1 is not recommended because the City would not receive PIP Program funding, which is needed to support ongoing existing emergency housing facilities and operations. Alternative 2 is not recommended as there is not only a need for general additional emergency housing facilities and services, but due to planned development on existing emergency housing sites, there is also a need to relocate services to an alternative location in the near future.

Coordination and Review
This report was coordinated with the City Manager’s Office and the Police Department’s Community Outreach and Support Division staff.

Budget/Cost Impact
If funded, the PIP Program application will generate up to $1 million to support the homeless emergency housing programs. The PIP Program funds do not require any local funds match.

ATTACHMENT

1. Resolution 24-19
138
Attachment 1
RESOLUTION 24-19

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

AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE

PROGRAM FUNDS
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and
WHEREAS, the City Council of the City of West Sacramento desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and
WHEREAS, the Department has issued Guidelines and Application on January 23, 2024, in the amount of $9,483,402.17 for PIP (the “NOFA”).

NOW, THEREFORE, BE IT RESOLVED:

1. The City Manager, or his designee, is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $1,000,000;

2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager, or his designee, of the City of West Sacramento is authorized and directed to enter into, execute, and deliver on behalf of the City, a State of California Agreement (Standard Agreement) for the amount not to exceed $1,000,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the City’s obligations related thereto, and all amendments thereto; and

3. The City shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the City hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

PASSED AND ADOPTED this 6th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
139
Attachment 1
Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
140

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 6, 2024 ITEM # 6
SUBJECT:

CONSIDERATION OF APPROVING A SUPPORT POSITION ON ASSEMBLY BILL 1588 (WILSON) RELATING TO INTERNET AFFORDABILITY
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Doug Drozd, Government Affairs Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this item is to provide the Council with sufficient information to approve a support position on Assembly Bill (AB) 1588 (Wilson) relating to internet affordability.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
(1) Approve a support position on AB 1588 (Wilson) relating to internet affordability; (2) Authorize the Mayor to sign and transmit the attached letter of support; and (3) Authorize the City Manager, or his designee, to take all actions necessary to support the legislation.

BACKGROUND
Studies have shown that broadband affordability remains a significant challenge to achieving equitable broadband adoption across the state. To wit, a California Emerging Technology Fund-University of Southern California adoption survey found that over two-thirds of respondents cited affordability as the reason they chose not to subscribe to broadband, with the lack of an appropriate computing device also being a relevant factor.

To address this affordability problem, the federal government under the Infrastructure Investment and Jobs Act (IIJA) established the Affordable Connectivity Program (ACP). The ACP is a subsidy program that helps ensure that households can afford the broadband they need for work, school, healthcare, and more. The subsidy provides a discount of up to $30 per month toward internet service for eligible households. A household is eligible for the ACP if the household income is at or below 200% of the Federal Poverty Guidelines or if a member of the household participates in various other federal assistance programs such as Lifeline, Medicaid, or housing assistance. The ACP is projected to run out of funding later this year and, despite congressional efforts to add additional funding, the program’s future remains in jeopardy.

Currently, 3,494 of 5,552 eligible West Sacramento households are enrolled in the ACP. While this 63% adoption percentage is encouraging from an enrollment standpoint, it does indicate that broadband affordability remains a significant concern in West Sacramento.

To complement the ACP or, if it expires, partially replace the program, Asm. Wilson introduced AB 1588 also known as the Affordable Internet and Net Equality Act of 2024. A two-year bill, AB 1588 has advanced rapidly through committees and passed on a 51-14 vote on the Assembly floor earlier this year. The bill is currently in the Senate Rules Committee awaiting assignment.

ANALYSIS
AB 1588 aims to ensure that all low-income households have the opportunity to subscribe to home Internet service at an affordable cost. Specifically, the bill would require Internet Service Providers (ISPs) who are vendors to the State of California and public agencies funded by the State to offer their own affordable and quality Internet subscriptions. It also sets standardized eligibility and service standards for the ISP's affordable offerings. By changing state-level procurement standards, this bill takes a somewhat unique approach to attempting to guarantee affordable broadband options for residents. The theory behind the bill is that the major ISPs that contract with the state will be forced to begin providing targeted affordable options to eligible households in order to retain their business with the state.

Given the fact that there is a demonstrated need for more affordable broadband options in West Sacramento, staff is recommending that the City Council adopt a support position on this bill to join a growing coalition of supporters including the California Emerging Technology Fund and ValleyVision, the City’s broadband consultant. In the event Congress allows the ACP to expire, there will be a demonstrated need to fill the affordability void and AB 1588 offers one potential solution. 141
Support Position on AB 1588 (Wilson)
March 6, 2024

Environmental Considerations
The proposed actions contained in this report fall within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Commission Recommendation
N/A
Strategic Plan Integration
By increasing the number of affordable broadband plans available to residents, AB 1588 would advance several of the council’s 2023 Strategic Principles including “Local Economic Development” and “Engage & Learn”. While broadband is not specifically featured on the 2023 Strategic Plan, “Broadband Access & Affordability for All” was included on the 2022 Strategic Plan Policy Agenda and remains a focus of the City’s ongoing work.

Alternatives
Staff has summarized the Council’s primary alternatives below:

1. Approve a support position on AB 1588 (Wilson), authorize the Mayor to sign and transmit the attached letter of support, and authorize the City Manager, or his designee, to take all actions necessary to support the legislation.

2. Approve a support position on AB 1588 (Wilson), authorize the Mayor to sign and transmit the attached letter of support, and authorize the City Manager, or his designee, to take all actions necessary to support the legislation with directed modifications.

3. Decline to approve a support position on AB 1588 (Wilson).

Alternative 1 is staff’s recommended action. Staff is prepared to implement Alternative 2. Staff is not recommending Alternative 3 because AB 1588 provides an opportunity to make broadband more affordable for residents and thus warrants City advocacy actions.

Coordination and Review
City Manager’s Office staff prepared this item in consultation with the City’s contract advocates at Arc Strategies and the City’s broadband consultants at Valley Vision.

Budget/Cost Impact
There is no direct budget or cost impact associated with this item.

ATTACHMENTS

1. Draft Letter of Support for AB 1588 (Wilson)

2. Full Text of AB 1588 (Wilson)
142
1110 West Capitol Avenue
West Sacramento, CA 95691
(916) 617-4500
www.cityofwestsacramento.org
March 7, 2024
The Honorable Lori Wilson
California State Assembly
1021 O Street, Suite 8110
Sacramento, CA 95814
RE: AB 1588 (Wilson). Affordable Internet and Net Equality Act of 2024..

Notice of SUPPORT
Dear Speaker Assemblymember Wilson,
The City of West Sacramento is pleased to support your bill, Assembly Bill (AB) 1588, which would require Internet Service Providers (ISPs) that are vendors to the State of California and public agencies funded by the State to offer their own affordable and quality internet subscriptions.

As you know, affordability remains one of the biggest inhibitors to broadband adoption in California. Fast, reliable broadband connections are critical to participating in our modern society, economy, and civic institutions. Without such connections, our residents are blocked from accessing health care and essential services, obtaining an education, and building their careers.

The U.S. Congress recognized these facts when it instituted the Affordable Connectivity Program (ACP). Unfortunately, the potential expiration of that program threatens to undermine the progress of the previous three years and further widen the digital divide. Here in West Sacramento, nearly 4,000 households are currently enrolled in the ACP – an adoption rate of 63% among eligible households. AB 1588 offers a creative way of ensuring that ISPs continue to provide affordable options to these residents, especially in the event the ACP expires. For these reasons, we are pleased to support this critical legislation.

Thank you for your leadership on this matter. If you have any questions or if we can be of further assistance, please contact the City’s legislative representative, Amy Brown, Arc Strategies, at (916) 341-0808 or [email protected].

Sincerely,
Martha Guerrero
Mayor
City of West Sacramento
143
AMENDED IN ASSEMBLY JANUARY 22, 2024
AMENDED IN ASSEMBLY JANUARY 12, 2024
AMENDED IN ASSEMBLY APRIL 11, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1588
Introduced by Assembly Member Wilson
(Coauthors: Assembly Members Aguiar-Curry, Garcia, McKinnor, and Reyes)
February 17, 2023
An act to add Section 11548.5 to the Government Code, relating to communications.
legislative counsel’s digest
AB 1588, as amended, Wilson. Affordable Internet and Net Equality Act of 2023. 2024.

Existing law requires all contracts for the acquisition of information technology goods and services related to information technology projects, as defined, to be made by or under the supervision of the Department of Technology, which also has the final authority in the determination of information technology procurement policy.

This bill, the Affordable Internet and Net Equality Act of 2023, 2024, would require the Department of Technology, in coordination with the Public Utilities Commission and the Department of General Services, to develop and establish the Net Equality Program. The bill would require the state and state agencies to only enter into a procurement contract with an internet service provider offering affordable home internet service, which costs no more than $40 per month and meets specified minimum speed requirements, to households participating in

96 144
certain public assistance programs, or with an internet service provider participating in the federal Affordable Connectivity Program, or any other state or federal program that offers broadband affordability assistance for qualifying households, and meeting the bill’s price and minimum speed requirements, as specified. households that qualify for that program, and that offers to households that qualify for those programs internet service that costs no more than $40 per month and meets specified minimum speed requirements.

This bill would require the Department of Technology to annually post on its internet website a list of internet service providers that meet the requirements of the bill, as provided. The bill would not apply to the Department of Forestry and Fire Protection, the Office of Emergency Services, political subdivisions of the state, including, but not limited to, cities and counties, a contract entered into before January 1, 2025, 2026, or an internet service provider with fewer than 100,000 California residential subscribers. The bill would also make its provisions severable.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11548.5 is added to the Government line 2 Code, to read:
line 3 11548.5. (a)  This section shall be known, and may be cited, line 4 as the Affordable Internet and Net Equality Act of 2023. 2024. line 5 (b)  As used in this section, the following definitions apply:
line 6 (1)  “Affordable home internet service” means internet service line 7 costing no more than forty dollars ($40) per month and that meets line 8 the minimum speed requirements.
line 9 (2)  “Commercial mobile service” means any mobile service line 10 that is provided for profit and makes interconnected service line 11 available (A) to the public or (B) to such classes of eligible users line 12 as to be effectively available to a substantial portion of the public. line 13 The Department of Technology may subsequently modify the line 14 definition of “commercial mobile service” to avoid conflict with line 15 Section 332 of Title 47 of the United States Code or regulations line 16 adopted pursuant to that section.
line 17 (3)  “Eligible household” means a resident in a group home or line 18 congregate care facility within the qualified internet service 96 AB 1588 — 2 —
145
line 1 provider’s California service territory participating in a qualified line 2 public assistance program, or a household within the qualified line 3 internet service provider’s California service territory with at least line 4 one resident of the household participating in a qualified public line 5 assistance program.
line 6 (4)  “Internet service” or “internet” means “Broadband Internet line 7 access service” as defined in subdivision (b) of Section 3100 of line 8 the Civil Code, except commercial mobile service and private line 9 mobile service.
line 10 (5)  “Minimum speed requirements” means at least 25 100 line 11 megabits per second downstream and 3 20 megabits per second line 12 upstream and sufficient speed and latency to support distance line 13 learning and telehealth services. The Department of Technology line 14 may subsequently increase the “minimum speed requirements” line 15 for the purpose of aligning the minimum service requirements with line 16 updated state or federal policies, but the department shall not line 17 redefine “minimum speed requirements” to provide slower speeds line 18 than 25 100 megabits per second downstream and 3 20 megabits line 19 per second upstream.
line 20 (6)  “Private mobile service” means any mobile service that is line 21 not a commercial mobile service or the functional equivalent of a line 22 commercial mobile service. The Department of Technology may line 23 subsequently modify the definition of “private mobile service” to line 24 avoid conflict with Section 332 of Title 47 of the United States line 25 Code or regulations adopted pursuant to that section. line 26 (7)  “Qualified public assistance programs” means the California line 27 Alternate Rates for Energy program, the National School Lunch line 28 Program, the State Supplementary Payment Program, the line 29 Temporary Assistance for Needy Families program, CalFresh, line 30 Covered California, Medi-Cal, and Supplemental Security Income, line 31 and persons receiving financial aid for postsecondary education. line 32 (8)  “Qualified internet service provider” means an internet line 33 service provider doing business in California that enters into a line 34 procurement contract with the state or state agencies. line 35 (c)  (1)  The Department of Technology, in coordination with line 36 the Public Utilities Commission and the Department of General line 37 Services, shall develop and establish the Net Equality Program. line 38 Under the program, the state and state agencies shall only enter line 39 into a procurement contract with an internet service provider doing 96 — 3 — AB 1588
146
line 1 business in California that offers affordable home internet service line 2 to all eligible households.
line 3 (2)  The Department of Technology shall, on or before December line 4 31, 2024, 2025, and each year thereafter, annually post on its line 5 internet website a list of internet service providers that meet the line 6 requirements of this section. The state and state agencies shall use line 7 that list to identify the internet service providers that are eligible line 8 to enter into a procurement contract with the state or state agencies line 9 pursuant to this section.
line 10 (d)  Notwithstanding paragraph (1) of subdivision (c), an internet line 11 service provider doing business in California that participates in line 12 the federal Affordable Connectivity Program or any other state or line 13 federal program that offers broadband affordability assistance for line 14 qualifying households, and that meets the price and minimum line 15 speed requirements defined in subdivision (b), shall be considered line 16 a qualified internet service provider and may enter into a line 17 procurement contract with the state and state agencies. line 18 (d)  Notwithstanding paragraph (1) of subdivision (c), an internet line 19 service provider doing business in California may enter into a line 20 procurement contract with the state and state agencies if the line 21 internet service provider does both of the following:
line 22 (1)  Participates in one or more of the following programs:
line 23 (A)  The federal Affordable Connectivity Program. line 24 (B)  Any other state or federal program that offers broadband line 25 affordability assistance to households that qualify for that program. line 26 (2)  For all households that qualify for a program described in line 27 subparagraph (A) or (B) of paragraph (1), offers internet service line 28 that costs no more than forty dollars ($40) per month and that line 29 meets the minimum speed requirements described in paragraph line 30 (5) of subdivision (b).
line 31 (e)  All eligible households shall be allowed to immediately line 32 convert to affordable home internet service during the month that line 33 the household qualifies as an eligible household. line 34 (f)  The exemptions in Section 11548 do not apply to this section. line 35 (g)  If, within a given geographic area, only one internet service line 36 provider is available and that internet service provider does not line 37 meet the requirements of this section, the state and state agencies line 38 may enter into a procurement contract in that geographic area with line 39 the internet service provider even though the internet service line 40 provider does not meet the requirements of this section. 96 AB 1588 — 4 —
147
line 1 (h)  This section shall not apply to any of the following:
line 2 (1)  The Department of Forestry and Fire Protection. line 3 (2)  The Office of Emergency Services.
line 4 (3)  Political subdivisions of the state, including, but not limited line 5 to, cities and counties.
line 6 (4)  A contract entered into before January 1, 2025. 2026. line 7 (5)  An internet service provider with fewer than 100,000 line 8 California residential subscribers.
line 9 (i)  The provisions of this section are severable. If any provision line 10 of this section or its application is held invalid, that invalidity shall line 11 not affect other provisions or applications that can be given effect line 12 without the invalid provision or application.

O
96 — 5 — AB 1588
148

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 6, 2024 ITEM # 7
SUBJECT:

CONSIDERATION OF APPROVAL OF THE MINUTES OF THE DECEMBER 6, 2023, JANUARY 17, 2024, AND FEBRUARY 21, 2024 REGULAR MEETINGS AND THE MINUTES OF THE DECEMBER 21, 2023 AND FEBRUARY 1-2, 2024 SPECIAL MEETINGS

OF THE WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT SUCCESSOR

AGENCY, AND WEST SACRAMENTO FINANCING AUTHORITY
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jennifer Cusmir, City Clerk
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with the draft minutes of the December 6, 2023, January 17, 2024, and February 21, 2024 Regular Meetings and the minutes of the December 21, 2023 and February 1-2, 2024 Special Meetings of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve the minutes of the December 6, 2023, January 17, 2024, and February 21, 2024 Regular Meetings and the minutes of the December 21, 2023 and February 1-2, 2024 Special Meetings of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.

BACKGROUND
N/A

ANALYSIS
N/A
Environmental Considerations
N/A
Commission Recommendations
N/A
Strategic Plan Integration
N/A
Coordination and Review
N/A
Budget Cost Impact
N/A

ATTACHMENT(S)
1) Draft Minutes of the December 6, 2023, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority 2) Draft Minutes of the January 17, 2024, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority 3) Draft Minutes of the February 21, 2024, Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority 4) Draft Minutes of the December 21, 2023, Special Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority 149
Approval of Minutes
March 6, 2024

5) Draft Minutes of the February 1-2, 2024, Special Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority 150
Attachment 1

WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
DECEMBER 6, 2023 MINUTES
The meeting was called to order at 7:26 p.m.

Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala; Council Member Dawnte Early; Council Member Verna Sulpizio Hull City Attorney Mitchell reported that the City Council met in a Closed Session meeting and a concurrent Special Closed Session meeting and no action was taken.

GENERAL ADMINISTRATION FUNCTION – PART I

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

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

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

The City Council received public comment on items not on the agenda within the City’s jurisdiction.

PRESENTATIONS
None.

CONSENT AGENDA
Approved the Consent Agenda with the exception of Items 4, 5, and 10 on which separate votes were taken.

MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

2. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT 5 TO THE PROFESSIONAL SERVICES

CONTRACT WITH BENNETT ENGINEERING SERVICES FOR THE E & F STREETS FRONTAGE IMPROVEMENT PROJECT (CIP 15047)
Authorized the City Manager, or his designee, to execute Amendment No.5 in the amount of $88,237 for the professional services contract with Bennett Engineering for the E & F Streets Frontage Improvement Project and authorized the City Manager to make contract amendments up to 10% ($8,823) of the total contract value.

3. Capital Projects
151
2 CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT 2 FOR PROFESSIONAL SERVICES WITH KIMLEY-HORN AND ASSOCIATES FOR DESIGN OF THE CYCLE 9 FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) PROJECTS (CIPS 12203, 14053, 14054 & 14055)
Approved Amendment No. 2 to contracts MC21-034 and MC21-035 for professional services with Kimley-Horn & Associates to extend the term of the contracts until December 31, 2024; approved Amendment No. 2 to contracts MC21-034 and MC21-035 for professional services with Kimley-Horn & Associates to adjust the Consultant's hourly rate schedule to the newest fiscal year 2023/24 rates as indicated in Exhibit A attached; authorized the City Manager or his designee to execute Amendment No. 2 with Kimley-Horn & Associates; authorized the City Manager to execute non-substantive changes or modifications to the contracts, with approval from the City Attorney; and authorized the City Manager or his designee to execute any necessary amendments to extend the term of the contract in the future, if required.

4. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 23-91 AMENDING THE CAPITAL

IMPROVEMENT PROGRAM AND APPROVAL OF A PROFESSIONAL SERVICES CONTRACT

WITH NCE FOR ENGINEERING SERVICES FOR THE SUTTER STREET PAVEMENT & DRAINAGE IMPROVEMENTS PROJECT (CIP 15054)
Found that approval of a professional services contract with NCE is not subject to the California Environmental Quality Act (CEQA) as it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment pursuant to CEQA guidelines section 15060(c) and 15378(a); adopted Resolution 23-91 amending the Capital Improvement Program; approved a professional services contract for engineering services with NCE for the Sutter Street Pavement and Drainage Improvements Project (CIP 15054); authorized the City Manager, or his designee, to execute a professional services contract with NCE for an amount not to exceed $233,000; authorized the City Manager, or his designee to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; authorized the City Manager, or his designee, to execute contract amendments up to 10% ($23,300) of the contract value; and delegated authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

MOTION: Orozco SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

5. Economic Development & Housing

CONSIDERATION OF AFFORDABLE HOUSING AGREEMENT WITH LEWIS LAND

DEVELOPERS, LLC FOR THE PROMENADE RESIDENCES PROJECT
Found that the Affordable Housing Agreement with Lewis Land Developers, LLC for a 208-unit market-rate residential development located in Southport is consistent with the development density of existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified and there are no project-specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review and therefore the project is exempt from additional CEQA analysis; approved the Affordable Housing Agreement with Lewis Land Developers, LLC in substantially the form included as Attachment 1 for The Promenade Residences project (Agreement); and authorized the City Manager or his designee to execute the Agreement and make non-substantive corrections or modifications with the approval of the City Attorney.

MOTION: Early SECOND: Orozco
152
3 Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

6. Finance
CONSIDERATION OF THE TREASURER’S QUARTERLY FINANCIAL REPORT ON THE CITY’S INVESTMENT PORTFOLIO FOR THE PERIOD ENDING SEPTEMBER 30, 2023 Received and filed the Treasurer’s Quarterly Financial Report on the City’s investment portfolio for the period ending September 30, 2023.

7. Fire
CONSIDERATION AND APPROVAL OF RESOLUTION 23-86 ACKNOWLEDGING THE CITY OF WEST SACRAMENTO FIRE DEPARTMENT’S COMPLIANCE WITH SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE
Considered and adopted Resolution 23-86 acknowledging the Fire Department’s efforts to comply with Sections 13146.2 and 13146.3 of the California Health and Safety Code.

8. Public Works
CONSIDERATION OF RESOLUTION 23-92 APPROVING THE APPLICATION, ACCEPTANCE,

AND EXECUTION OF THE WATERSMART DROUGHT RESPONSE GRANT PROPOSAL FOR THE WELL 22 REHABILITATION PROJECT
Approved Resolution 23-92 authorizing the grant application, acceptance and execution for the United States Bureau of Reclamation’s Drought Resilience Program for the Well 22 Rehabilitation Project.

9. Public Works

CONSIDERATION OF AWARD OF A CONTRACT TO ACTION ASPHALT PAVING & MAINTENANCE INC. FOR CONSTRUCTION SERVICES FOR THE ON-CALL ARTERIAL STREET PAVEMENT REPAIR PROJECT (CIP 17025)
Found that the professional service contract with Action Paving & Asphalt for the On-Call Arterial Street Pavement Repair Project (CIP 17025) is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15302, and 15304, and find that the determination represents the independent judgment of the City; approved and authorized the City Manager, or his designee, to execute a professional service contract with Action Paving & Asphalt in the amount of $650,000 for the On-Call Arterial Street Pavement Repair Project (CIP 17025) and $250,000 for pre-funded, pre-approved CIP projects upon request from the Capital Projects Department, for a total contract value of $900,000; authorized the City Manager, or his designee, to execute amendments or change orders up to 10% ($65,000) of the value of the contract for CIP 17025; and authorized additional contract costs of up to $250,000 for pre-funded, pre-approved CIP projects upon request from the Capital Projects Department, for a total contract value of $900,000.

10. City Manager's Office
CONSIDERATION OF AN OPPOSE POSITION ON H.R. 3372 AND ANY OTHER FEDERAL

LEGISLATION THAT WOULD INCREASE THE MAXIMUM ALLOWABLE LENGTH AND WEIGHT

OF SEMI-TRAILER TRUCKS ON THE NATION'S HIGHWAY SYSTEM
Approved an oppose position on H.R. 3373 and authorize extending the oppose position to any other federal legislation that would increase the maximum allowable length and weight of semitrailer trucks on the nation's highway system; authorized the Mayor to sign and transmit the 153
4 attached letter of opposition, and authorized the City Manager, or his designee, to take all actions necessary to oppose the legislation.

MOTION: Early SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

PUBLIC HEARINGS

11. Police

PUBLIC HEARING AND CONSIDERATION OF POLICE DEPARTMENT MILITARY EQUIPMENT USE ANNUAL REPORT AFFIRMING RENEWAL OF ORDINANCE 22-16
Received the Police Department military equipment use policy and annual report; accepted public comments concerning the report; and affirmed continuance renewal of Ordinance 22-16.

MOTION: Orozco SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

REGULAR AGENDA

12. Community Development

CONTINUED PUBLIC WORKSHOP REGARDING RETAIL CANNABIS SALES ADMINISTRATIVE

PROCEDURES AND EQUITY PILOT PROGRAM
Heard a presentation from staff regarding the proposed administrative procedures and equity pilot program for retail cannabis, heard public comment, and provided direction to staff.

13. Economic Development & Housing
CONSIDERATION OF FIRST READING OF ORDINANCE 24-3 REGARDING BLACKPINE 440

WEST, LLC DEVELOPMENT AGREEMENT
Received a presentation by staff and take public comment; waived first reading and read by title and number only, Ordinance 24-3 (Attachment 1) approving the Development Agreement between Blackpine 440 West, LLC and the City of West Sacramento (City) for a 106-unit singlefamily residential project that includes a public neighborhood park and related infrastructure improvements at 412-430 6th Street and 425 and 640-702 E Street in the Washington District (“Project”); and informed the audience that the public hearing for the BlackPine 440 West, LLC Development Agreement and that the second reading and adoption of Ordinance 24-3 is scheduled for January 17, 2024.

MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

14. City Manager's Office

WORKSHOP ON CAMPAIGN CONTRIBUTION LIMITS AND CONSIDERATION OF FIRST READING OF ORDINANCE 24-4 AMENDING MUNICIPAL CODE CHAPTER 2.18 RELATED TO

CAMPAIGN CONTRIBUTION LIMITATIONS
154
5 This item was moved to the last item on the Regular agenda.

Received staff’s presentation on campaign contribution limits under SB 1439 and amending the City’s campaign contribution limit ordinance and waived the first reading of Ordinance 24-4 amending Municipal Code Chapter 2.18 related to campaign contributions.

MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

15. Community Development

CONSIDERATION OF AMENDMENTS TO THE GENERAL PLAN MOBILITY ELEMENT AND

RELATED AMENDMENTS TO THE BRIDGE DISTRICT SPECIFIC PLAN The City Council heard public comment on this item.

Received a presentation by staff and take public comment; waived first reading and read by title and number only, Ordinance 24-2, adopting the proposed Bridge District Specific Plan amendments (Planned Development 41), certifying the Supplemental Environmental Impact Report, adopting the Findings and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan; and informed the audience the public hearing of the General Plan Mobility Element Updates and consideration of second reading and adoption of Ordinance 24-2 is scheduled for January 17, 2024.

MOTION: Alcala SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

16. Economic Development & Housing
CONSIDERATION OF RESOLUTIONS 23-79, 23-85, AND 23-90, AND OTHER ACTIONS

NECESSARY TO EFFECTUATE THE PUBLIC USE TRANSFER OF CERTAIN PROPERTIES

OWNED BY THE WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY (BRODERICK BOAT RAMP, 2400-2600 WEST CAPITOL AVENUE, AND 485 LIGHTHOUSE

AVENUE) TO THE CITY OF WEST SACRAMENTO
The City Council and the West Sacramento Redevelopment Successor Agency jointly found that the public use transfer of 103 4th Street is exempt from CEQA analysis under the Class 1 Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15301; adopted Joint Resolution 23-90 of the City Council and Successor Agency delegating authority to the City Manager and the Executive Director to take any and all actions necessary to complete a public use transfer of the Broderick Boat Ramp located at 103 4th Street, APNs 010-102-008, 010-103-001 to -002, and 010-493-001 to -002; jointly found that the City’s acquisition of 485 Lighthouse Drive and 2400 and 2600 West Capitol Avenue from the Successor Agency is exempt from CEQA analysis under the Class 32 Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15332; and adopted Joint Resolution 23-79 of the City Council and Successor Agency delegating authority to the Executive Director and City Manager to take any and all actions necessary to complete the City’s acquisition of three Successor Agency owned properties located at 485 Lighthouse Drive, APN 010-523-037, 2400 West Capitol Avenue. APN 008-441-007, and 2600 West Capitol Avenue, APN 008-450-016.
155
6 The City Council adopted Resolution 23-85 approving a budget amendment to the Long-Range Property Management Plan Budget for Fiscal Year 2023/2024 approving transfers from the Housing Trust Fund and the Measure E Fund to CIP# 52038.

MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

17. Community Development
CONSIDERATION OF FIRST READING OF ORDINANCE 24-1 REGARDING PROPOSED AMENDMENTS TO TITLE 17 (ZONING) OF THE MUNICIPAL CODE
Considered a first reading and read by title and number only, Ordinance 24-1, amending Title 17 (Zoning) of the Municipal Code regarding: Chapter 17.09–Short Term Rentals in Commercial and Mixed-Use Zones; Table 17.09.020–Common Open Space Standards for Multifamily Residential Chapter 17.30.210–Solar Energy Systems; Chapter 17.22.050–Encroachments into Required Setbacks; Chapter 17.22.130–Screening; Table 17.09.020–Commercial and Mixed-Use Zones; Chapter 17.26.050–Non-conforming site improvements; Chapter 17.42.070–Reasonable Accommodations Conditions of Approval; Chapter 17.22.060–Fences, Walls, and Hedges (2) Non-Residential Zones for Electric Fences; Chapter 17.35.130–Zoning Administrator and Director Appeals; Chapter 17.51–Definition of Food and Beverage Sales; Chapter 17.51– Definition of Front Yard; Chapter 17.51 and 17.08.040–Emergency Backup Generators; and Chapter 17.38–Interim Use.

MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
GENERAL ADMINISTRATION FUNCTION – PART II

18. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Councilmember Early reported that comments on the Environmental Impact Report on the I-80 expansion are due in 54 days.

Mayor Guerrero reported on her attendance at the Climate Action Summit.

19. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS None.

20. PART II
A. Council Calendar
Assistant City Manager Berlin reported on the annual holiday closure dates.

B. City Manager Report
None.
156
7 C. City Attorney Report
None.

D. Staff Direction from City Council Members
Councilmember Early stated she would submit her future agenda item via the administrative process.

E. Future Agenda Item Requests by Council
Councilmember Sulpizio Hull requested Council consensus for including a resolution of support for the Convention to Eliminate Discrimination Against Women on a future agenda.

F. Adjourn
Adjourned the meeting at 10:49 p.m.

MOTION: Orozco SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on March 6, 2024.

Jennifer Cusmir, City Clerk
157

WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
JANUARY 17, 2024 MINUTES
The meeting was called to order at 7:03 p.m.

Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala; Council Member Dawnte Early; Council Member Verna Sulpizio Hull Mayor Guerrero left the meeting at 9:32 p.m.

City Attorney Mitchell reported that the City Council met in Closed Session and no action was taken.

GENERAL ADMINISTRATION FUNCTION – PART I

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

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

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

The City Council recieved public comment on items not on the agenda within the City's jurisdiction.

PRESENTATIONS
None.

CONSENT AGENDA
Approved the Consent Agenda with the exception of Item 18, on which action was taken separately.

MOTION: Alcala SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

2. Capital Projects
CONSIDERATION OF RESOLUTION 24-1 AMENDING THE CAPITAL IMPROVEMENT

PROGRAM (CIP) AND AWARD OF A CONSTRUCTION CONTRACT TO SHANE BROWN ELECTRIC, INC. FOR THE FERNWOOD PARK IMPROVEMENTS (CIP 62140) Found the procurement and installation of irrigation equipment is exempt from environmental review under California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15301 Class 1 (b) of the California Environmental Quality Act; adopted Resolution 24-1 amending the Capital 158
2 Improvement Program (CIP) budget for CIP 62140; awarded a construction contract to Shane Brown Electric, Inc. in an amount not to exceed $54,500 for the Fernwood Park Improvements Project; authorized the City Manager, or his designee, to execute a construction contract with Shane Brown Electric, Inc. in an amount not to exceed $54,500; authorized the City Manager, or his designee, to execute non-substantive changes or modifications to the contract with Shane Brown Electric, Inc with approval from the City Attorney; and authorized the City Manager, or his designee, to execute contract amendments up to 38% ($20,710) of the value of the contract.

3. Capital Projects
CONSIDERATION OF CONTRACT TO PISOR FENCE DIVISION INC. FOR THE

CONSTRUCTION AND INSTALLATION OF SECURITY FENCING FOR THE INTERIM HOUSING (FLAMINGO MOTEL) REPAIRS PROJECT (CIP 51038)
Found that Interim Housing Facility Repairs Project (CIP 51038) is exempt from review under California Environmental Quality Act (CEQA) pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6 Chapter 3 (“CEQA Guidelines”), Sections 15301, 15303, and 15304 and find that the determination represents the independent judgement of the City; awarded a construction contract to Pisor Fence Division Inc. in an amount not to exceed $89,341 for the Interim Housing Facility Repairs Project which includes the construction and installation of security fencing, gates, and associated access controls; authorized the City Manager, or his designee, to execute a contract with Pisor Fence Division Inc. in an amount not to exceed $89,341; authorized the City Manager, or his designee, to execute non-substantive changes or modifications to the contract with Pisor Fence Division Inc. with the approval from the City Attorney; and authorized the City Manager, or his designee, to execute contract amendments up to 15% ($13,400) of the value of the contract.

4. Capital Projects
CONSIDERATION OF ADOPTION OF RESOLUTION 24-10 AMENDING THE CAPITAL

IMPROVEMENT PROGRAM AND APPROVAL OF A PROFESSIONAL SERVICES CONTRACT

WITH NCE FOR ENGINEERING SERVICES FOR THE PAVEMENT MANAGEMENT SYSTEM UPDATE (CIP 17027)
Adopted Resolution 24-10 amending the Capital Improvement Program; approved a professional services contract for engineering services with NCE for the Pavement Management System Update (CIP 17027); authorized the City Manager; or his designee, to execute a professional services contract with NCE for an amount not to exceed $143,500; authorized the City Manager, or his designee, to execute contract amendments up to 10% ($14,350) of the contract value; authorized the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; and delegated authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

5. Capital Projects

CONSIDERATION OF REJECTION OF ALL BIDS FOR THE CITY HALL HVAC REPLACEMENT PROJECT (CIP 54026)
Rejected all bids for the City Hall HVAC Replacement Project and authorized City staff to revise and re-bid the City Hall HVAC Replacement Project (CIP 54026).

6. Capital Projects

CONSIDERATION OF A PROFESSIONAL SERVICES CONTRACT WITH BLACK & VEATCH FOR

THE DESIGN OF THE SOUTH SEWER PUMP STATION REHABILITATION/REPLACEMENT PROJECT (CIP 32002)
Approved a professional services contract with Black and Veatch for design of the South Sewer Pump Station Rehabilitation/Replacement Project; authorized the City Manager, or his designee 159
3 to execute a professional services contract with Black and Veatch for an amount not to exceed $569,076; authorized the City Manager, or his designee to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; authorized the City Manager, or his designee, to make contract amendments up to 15% ($85,361.40) of the value of the contract; and delegated authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

7. Capital Projects
CONSIDERATION OF AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH PRO BUILDERS FOR THE FIRE STATION 45 TENANT IMPROVEMENT PROJECT (CIP 51278) Approved Amendment No. 1 to the Construction Contract with Pro Builders in the amount of $10,459.58 for the Fire Station 45 Tenant Improvement Project and delegated authority to the City Manager, or his designee, to execute Contract Amendment No. 1 with Pro Builders for the Fire Station 45 Tenant Improvement Project.

8. Community Development
CONSIDERATION OF RESOLUTION NO. 24-4 ACCEPTING LANDSCAPING IMPROVEMENTS FOR SUBDIVISION NO. 5129, NEWPORT ESTATES UNIT 12
Adopted Resolution No. 24-4 accepting the landscaping, irrigation and soundwall improvements of the Newport Estates Unit 12 subdivision, Final Map No. 5129.

9. Community Development
CONSIDERATION OF AWARD OF A PROFESSIONAL SERVICES CONTRACT TO KIMLEYHORN AND ASSOCIATES, INC. FOR DEVELOPMENT OF THE CLARKSBURG BRANCH LINE TRAIL (CIP 11039) AND ADOPTION OF RESOLUTION 24-14 APPROVING RELATED BUDGET

ADJUSTMENTS
Awarded a contract for professional services with Kimley-Horn and Associates, Inc. for the planning, design, outreach, and administrative support of the Clarksburg Branch Line Trail project (CIP 11039); authorized the City Manager, or their designee, to execute a professional services contract with Kimley-Horn Associates, Inc. in the amount of $356,815 for the Clarksburg Branch Line Trail; authorized the City Manager or their designee to make non-substantive changes or modifications to the Contract for Services, with approval from the City Attorney; authorized the City Manager or their designee to execute contract amendments or change orders up to $170,751 for optional tasks and $52,760 for 10% contract contingency; and approved Resolution 24-14 authorizing the transfer of $170,722.50 from the Measure N Fund - Community Investment category (Fund 111) to support the contract optional tasks, contingency, and staff time and related resources being utilized toward the Clarksburg Branch Line Trail.

10. Community Development

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
Awarded 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); authorized 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; authorized the City Manager, or their designee, to make contract amendments up to 10% ($27,997) of the contract value; and approved Resolution 24-13 authorizing the transfer of $27,966 from the General Fund (Fund 107) to support the contract contingency. 160
4 11. Economic Development & Housing
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
Found 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; adopted Resolution 24-8 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 adopted Resolution 24-9 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”).

12. Finance

CONSIDERATION OF ACCEPTANCE OF THE ANNUAL REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2022/2023 WITH FIVE-YEAR FINDINGS
Accepted and filed the Annual Report on Development Impact Fees for Fiscal Year 2022/2023 with Five-Year Findings.

13. Finance

CONSIDERATION OF ACCEPTANCE OF THE COMMUNITY FACILITIES DISTRICTS ANNUAL REPORT ON SPECIAL TAXES AND BOND PROCEEDS FOR FISCAL YEAR 2022/2023 Received the Community Facilities District annual report on Special Taxes and Bond Proceeds for the 2022/2023 fiscal year.

14. City Manager's Office

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

15. City Manager's Office

CONSIDERATION OF THE TERMS OF SUCCESSOR AGREEMENT AND ADOPTION OF THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST SACRAMENTO AND THE WEST SACRAMENTO POLICE OFFICERS’ ASSOCIATION AND ADOPTION OF RESOLUTION 24-15 APPROVING AMENDMENTS TO THE BUDGET FOR FISCAL YEARS 2023/24 AND 2024/25
Approved the terms of the successor agreement and adopt the Memorandum of Understanding between the City of West Sacramento and the West Sacramento Police Officers’ Association effective January 1, 2024 through December 31, 2024; approved the updated Classification Plan (Salary Schedule); approved the updated Benefits Summaries for POA (Sworn and Non-Sworn); and adopted Resolution 24-15 approving amendments to the approved biennial budget for Fiscal Years 2023/24 and 2024/25 to fund the proposed salary and benefit changes.

16. City Manager's Office

CONSIDERATION OF THE TERMS OF SUCCESSOR AGREEMENT AND ADOPTION OF THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST SACRAMENTO AND 161
5 THE WEST SACRAMENTO POLICE MANAGER’S ASSOCIATION AND ADOPTION OF RESOLUTION 24-16 APPROVING AMENDMENTS TO THE BUDGET FOR FISCAL YEARS 2023/24 AND 2024/25
Approved the terms of the successor agreement and adopt the Memorandum of Understanding between the City of West Sacramento and the West Sacramento Police Manager’s Association (PMA) effective January 1, 2024 through December 31, 2024; approved the updated Classification Plan (Salary Schedule) for PMA; approved the updated Benefits Summary for PMA; and adopted Resolution 24-16 approving amendments to the approved biennial budget for Fiscal Years 2023/24 and FY 2024/25 to fund the proposed salary and benefit changes.

17. City Manager's Office

CONSIDERATION OF AMENDMENT TO A PROFESSIONAL SERVICES CONTRACT WITH THE

WASHINGTON UNIFIED SCHOOL DISTRICT FOR THE AFTER SCHOOL ENRICHMENT AND SAFETY (ASES) GRANT AND APPROVAL OF RESOLUTION 24-17 FOR RELATED BUDGET

ADJUSTMENTS
Approved the Amendment to the Professional Services Contract with Washington Unified School District for the After School Enrichment and Safety (ASES) Grant in the amount of $1,112,127 ($962,890 in on-going monies, and $149,237 in one-time monies for various program staff bonuses); approved Resolution 24-17 for related budget adjustments; and authorized the City Manager, or designee, to execute the contract amendment.

18. City Manager's Office

CONSIDERATION OF APPROVAL OF UPDATED ADMINISTRATIVE POLICIES UNDER CITY

COUNCIL AUTHORITY IN ACCORDANCE WITH LAWS, PROCESSES, AND BEST PRACTICES Approved the revisions to the following Administrative Policies: I-A-10 Council Placement of Items on the Agenda; I-A-12 City Attorney Conflicts; II-B-10 Veterans’ Preference in Hiring; IIE-3 Anti-Discrimination, Harassment and Retaliation Policy; IX-A-6 Fee Waiver for Special Events and approved new Administrative Policy I-B-8 City Hall Flags.

MOTION: Alcala SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

19. City Manager's Office
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 24-4 AMENDING MUNICIPAL CODE CHAPTER 2.18 RELATED TO CAMPAIGN CONTRIBUTION LIMITATIONS Waived second reading and adopted Ordinance 24-4 amending Municipal Code Chapter 2.18 related to campaign contributions.

20. City Manager's Office
CONSIDERATION OF RESOLUTION 24-6 AMENDING THE TIME AND DATE FOR THE 2024/25

REGULAR MEETINGS OF THE CITY COUNCIL
Adopted Resolution 24-6 amending the time and date for City Council meetings commencing February 1, 2024 through January 31, 2025.

PUBLIC HEARINGS

21. Economic Development & Housing
162
6 PUBLIC HEARING AND CONSIDERATION OF ADOPTION OF ORDINANCE 24-3 REGARDING BLACKPINE 440 WEST, LLC DEVELOPMENT AGREEMENT
Conducted a Public Hearing and recieved public comment; certified that on November 16, 2016, the City Council certified the General Plan 2035 Environment Impact Report and that a technical memorandum has been prepared to fully analyze any potential impacts associated with the Four 40 West development project. Based on the analysis presented in the technical memorandum, the proposed project is within the scope of the EIR prepared for the General Plan 2035, and no new or substantially more adverse impacts would occur through implementation of the proposed project. As a result, no new environmental document is required, consistent with State CEQA Guidelines Sections 15162 and 15168(c)(2); waived the second reading and read by title and number only, Ordinance 24-3; adopted Ordinance 24-3 approving the Development Agreement between Blackpine 440 West, LLC and the City of West Sacramento (City) for a 106-unit singlefamily residential project that includes a public neighborhood park and related infrastructure improvements at 412-430 6th Street and 425 and 640-702 E Street in the Washington District (“Project”); and delegated authority to the City Manager or his designee to take any and all actions necessary to implement those matters described in the Blackpine 440 West Development Agreement.

MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None);

22. Community Development
PUBLIC HEARING AND SECOND READING AND ADOPTION OF ORDINANCE 24-1 REGARDING PROPOSED AMENDMENTS TO TITLE 17 (ZONING) OF THE MUNICIPAL CODE Conducted a Public Hearing; found that the proposed amendments to Title 17 (Zoning) of the Municipal Code are exempt from California Environmental Quality Act (CEQA) review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15321 (Enforcement Actions by Regulatory Agencies) CEQA exemption of the CEQA Guideline; and conducted second reading and adopted Ordinance 24-1 amending Title 17 (Zoning) of the Municipal Code regarding:

Chapter 17.09–Short Term Rentals in Commercial and Mixed-Use Zones; Table 17.09.020– Common Open Space Standards for Multifamily Residential Chapter 17.30.210–Solar Energy Systems; Chapter 17.22.050–Encroachments into Required Setbacks; Chapter 17.22.130– Screening; Table 17.09.020–Commercial and Mixed-Use Zones; Chapter 17.26.050–Nonconforming site improvements; Chapter 17.42.070–Reasonable Accommodations Conditions of Approval; Chapter 17.22.060–Fences, Walls, and Hedges (2) Non-Residential Zones for Electric Fences (b) All Other Required Setback Areas; Chapter 17.35.130–Zoning Administrator and Director Appeals; Chapter 17.51–Definition of Food and Beverage Sales; Chapter 17.51– Definition of Front Yard; Chapter 17.51 and 17.08.040–Emergency Backup Generators; and Chapter 17.38–Interim Uses.

MOTION: Alcala SECOND: Sulpizio Hull
Roll Call Vote
YES: Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Guerrero; RECUSED: (None);

23. Community Development

PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO THE GENERAL PLAN

MOBILITY ELEMENT AND RELATED AMENDMENTS TO THE BRIDGE DISTRICT SPECIFIC PLAN
Action was taken on this item prior to Item 22.
163
7 Conducted the public hearing; found the Supplemental Environmental Impact Report for the proposed amendments to the General Plan Mobility Element and related amendments to the Bridge District Specific Plan has been prepared in compliance with the California Environmental Quality Act; approved Resolution 24-2 and 24-3, adopting the proposed amendments to the Bridge District Specific Plan and General Plan Mobility Element, certifying the Supplemental Environmental Impact Report, adopting the Findings and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan; and waived second reading and adopted Ordinance 24-2, thereby approving the proposed Bridge District Specific Plan amendments (Planned Development 41), certifying the Supplemental Environmental Impact Report, adopting the Findings and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan.

MOTION: Sulpizio Hull SECOND: Early
Roll Call Vote
YES: Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Guerrero; RECUSED: (None);

REGULAR AGENDA

24. Capital Projects

WORKSHOP ON PROJECT LABOR AGREEMENTS FOR CITY CONSTRUCTION PROJECTS The City Council recieved a presentation and provided direction to staff.

25. Finance
Midyear Budget Workshop and Consideration of Resolution 24-7 Adopting Amendments to the Budget for FY 2023-24 and FY 2024-25
Reviewed the report and attachments on the proposed midyear amendments to the O&M and CIP budgets for FYs 2023/24 and 2024/25, provided feedback and direction on the proposed amendments; adopted Resolution 24-7 approving amendments to the Operations & Maintenance and Capital Improvement Program (CIP) budgets for FYs 2023/24 and 2024/25; approved the amended and updated salary schedule; and approved the amended Authorized Positions List (APL).

MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Guerrero; RECUSED: (None);
GENERAL ADMINISTRATION FUNCTION – PART II

26. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Councilmember Sulpizio Hull reported on the January 11 meeting of the Executive Commission to Address Homelessness.

Councilmember Early reported on the Sacramento Area Council of Governments Transportation Committee meeting.

Mayor Pro Tem Orozco reported on the January 10 Sacramento Regional County Sanitation District Board meeting.
164
8 27. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS Appointments to Boards and Commission was postponed to the February 21 meeting.

28. PART II
A. Council Calendar
Assistant City Manager Berlin reported on the Council Calendar.

B. City Manager Report
None.

C. City Attorney Report
None.

D. Staff Direction from City Council Members
None.

E. Future Agenda Item Requests by Council
None.

F. Adjourn
Adjourned the meeting at 10:24 p.m.

MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Orozco, Alcala, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Guerrero; RECUSED: (None);
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on March 6, 2024.

Jennifer Cusmir, City Clerk
165

WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
FEBRUARY 21, 2024 MINUTES
The meeting was called to order at 7:12 p.m.

Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala
Absent
Council Member Dawnte Early; Council Member Verna Sulpizio Hull GENERAL ADMINISTRATION FUNCTION – PART I

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

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

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

The City Council recieved public comment on items not on the agenda within the City's jurisdiction.

PRESENTATIONS

2. City Manager's Office
PROCLAMATION RECOGNIZING FEBRUARY 2024 AS BLACK HISTORY MONTH City Council presented a proclamation recognizing February as Black History Month.

CONSENT AGENDA
Approved the Consent Agenda with the exception of Item 3, on which action was taken separately.

MOTION: Alcala SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);

3. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES CONTRACT WITH MARK THOMAS INC. FOR THE SOUTHPORT LEVEE RECREATION TRAIL (CIP 62147)
166
2 Approved Amendment No. 2 to the Professional Services Contract with Mark Thomas Inc. in the amount of $159,231 for the Southport Levee Recreation Trail Project; delegated authority to the City Manager or his designee, to execute Contract Amendment No. 2 with Mark Thomas Inc. for the Southport Levee Recreation trail Project; delegated authority to the City Manager, or his designee, to execute contract amendments up to 10% ($15,923) of the contract amendment value; delegated authority to the City Manager, or his designee, to execute nin-substantive changes or modifications to the professional services contract, with approval from the City Attorney; and delegated authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);

4. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT NO. 4 FOR PROFESSIONAL SERVICES WITH DEWBERRY ENGINEERS, INC. FOR THE SYCAMORE TRAIL PHASE III PROJECT (CIP 14027)
Approved Amendment No. 4 to the contract for professional services with Dewberry Engineers, Inc. in the amount of $99,090.00; authorized the City Manager, or his designee, to execute Amendment No. 4 with Dewberry Engineers, Inc in the amount not to exceed $99,090.00; authorized the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; and delegated authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

5. Capital Projects
CONSIDERATION OF FIRST READING OF ORDINANCE 24-5 AMENDING TITLE 10 (VEHICLES

AND TRAFFIC) OF THE MUNICIPAL CODE RELATING TO THE RE-ESTABLISHMENT OF

SPEED LIMITS ON CERTAIN STREETS WITHIN THE CITY OF WEST SACRAMENTO (CIP 12019)
Waived the first reading and read by title and number only, Ordinance 24-5, amending Title 10 (Vehicles and Traffic) of the Municipal Code relating to the reestablishment of speed limits on certain streets within the City of West Sacramento and informed the public that the second reading and adoption of Ordinance 24-5 is scheduled for March 20, 2024.

6. Capital Projects

CONSIDERATION OF APPROVAL OF THE PROJECT PLANS AND SPECIFICATIONS AND AWARD OF A CONSTRUCTION CONTRACT TO BEAR ELECTRICAL SOLUTIONS, INC. FOR THE WASHINGTON AND BRODERICK LIGHTING AND SAFETY PROJECT (CIP 15053) Approved the Project Plans and Specifications for the Washington and Broderick Lighting and Safety Project (CIP 15053); awarded a construction contract to the lowest responsive, responsible bidder, Bear Electrical Solutions, Inc. in the amount of $145,255; authorized the City Manager, of his designee, to execute the contract, including non-substantive changes or modifications to the contract with Bear Electrical Solutions with approval of the City Attorney; authorized the City Manager, or his designee, to execute amendments, change orders, or purchases up to 20% of the value of the construction contract ($29,051); and delegated authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

7. Capital Projects
167
3 CONSIDERATION OF REJECTION OF ALL BIDS FOR FIRE STATION 43 TENANT IMPROVEMENTS PROJECT 23-072-ITB (CIP 51031)
Rejected all bids for the Fire Station 43 Tenant Improvement Project 23-072-ITB (CIP 51031) and authorized City staff to revise and re-bid the Fire Station 43 Tenant Improvement Project (CIP 51031).

8. Economic Development & Housing

CONSIDERATION OF AMENDMENT TO COVENANT TO CONSTRUCT BETWEEN THE CITY

OF WEST SACRAMENTO AND ERNESTO DELGADO HOSPITALITY GROUP, LLC, FOR PROPERTY LOCATED AT 324 C STREET AND RELATED ACTIONS
Found that the Amendment to the Covenant to Construct is exempt from CEQA analysis under the Class 1 Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15301; approved the Amendment to the Covenant to Construct between the City and Ernesto Delgado Hospitality, LLC, for the property located at 324 C Street; and authorized the City Manager or designee to execute the Amendment.

PUBLIC HEARINGS

9. Community Development
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-18 ADOPTING THE WEST

SACRAMENTO SIDEWALKS AND TRANSPORTATION EQUITY PROGRAM PLAN Conducted a public hearing; found the adoption of the Sidewalks and Transportation Program Plan is exempt from review under the California Environmental Quality Act and qualifies for a Statutory Exemption under Senate Bill 922 as a pedestrian transportation plan that establishes a comprehensive, coordinated approach to improving pedestrian infrastructure and safety pursuant to Public Resource Code Section 21080.20; and approved Resolution 24-18 adopting the Sidewalks and Transportation Equity Program Plan.

MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);

REGULAR AGENDA
None.

GENERAL ADMINISTRATION FUNCTION – PART II

10. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Mayor Pro Tem Orozco reported on the Sacramento Regional County Sanitation District Board meeting.

11. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS Moved to remove Matthew Hargrove from the Parks, Recreation, and Intergenerational Services Commission.

MOTION: Guerrero SECOND: Alcala
168
4 Roll Call Vote
YES: Guerrero, Alcala; NO: Orozco; ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);
Moved to appoint Don Schatzel and John Archuleta to Member postions and Adam Gonzalez to the Alternate Member position on the Parks, Recreation, and Intergenerational Services Commission.

MOTION: Guerrero SECOND: Alcala
Roll Call Vote
YES: Guerrero, Alcala; NO: (None); ABSTAIN: Orozco; ABSENT: Early, Sulpizio Hull; RECUSED: (None);
Moved to appoint Rachael DalPorto to the Environment & Utilities Commission MOTION: Guerrero SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);
Moved to appoint Rachael DalPorto to the Board of Appeals as a Member.

MOTION: Guerrero SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);
Moved to appoint Dean Haakenson as the Alternate Member to the Board of Appeals.

MOTION: Guerrero SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);

12. PART II
A. Council Calendar
No report.

B. City Manager Report
None.

C. City Attorney Report
None.

D. Staff Direction from City Council Members
169
5 None.

E. Future Agenda Item Requests by Council
Mayor Guerrero stated that she would like the Council to consider expanding the membership of the Parks, Recreation, and Intergenerational Services Commission and would submit a request to staff to include the topic on the March 6, 2024 agenda as a item under Future Agenda Item Requests by Council.

F. Adjourn
Adjourned the meeting at 9:08 p.m.

MOTION: Alcala SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on March 6,2024.

Jennifer Cusmir, City Clerk
170

WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR

AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Closed Session Special Meeting
DECEMBER 21, 2023 MINUTES

The closed session meeting was called to at 6:00 PM.

Present
Mayor Martha Guerrero, Mayor Pro Tem Quirina Orozco, Council Member Dawnte Early, Council Member Verna Sulpizio Hull.

Council Member Alcala attended via teleconference from 335 Woodhaven Place, West Sacramento, CA. Council Member Alcala left the meeting at 6:35 p.m.

CLOSED SESSION AGENDA
1 City Manager's Office
Conference with Labor Negotiator (Govt Code §54957.6)
Agency Negotiator: Laura Izon
Employee Organization: Police Officers' Association (POA) and Police Management Association (PMA)
2 City Attorney’s Report on Closed Session
City Attorney Jeff Mitchell reported that no action was taken. 3 Adjourn
Adjourned the meeting at 6:40 p.m.

MOTION: Sulpizio Hull SECOND: Early
Roll Call Vote
YES: Guerrero, Orozco, Early, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT: Alcala; RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on March 6, 2024.

Jennifer Cusmir, City Clerk
171

WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Special Meeting
FEBRUARY 1-2, 2024 MINUTES
The City Council conducted a facilitated planning session at City Hall, 1110 West Capitol Avenue, as follows:

The meeting was called to order at 9:22 a.m. on February 1, 2024.

1. PUBLIC COMMENT
The City Council received public comment on items not on the agenda within the City's jurisdiction.

2. COUNCIL PLANNING SESSION
The session covered a broad range of city matters, projects, procedures, policies, and functions including but not limited to discussion and review of an update on 2023 Strategic Plan Items, discussion and identification of Priority Issues for 2024, including public improvements, programs and staffing, and discussion of additional Council-identified priorities.

The meeting was continued on February 2, 2024 at 9:36 a.m.

1. COUNCIL PLANNING SESSION - CONTINUED
The session covered a broad range of city matters, projects, procedures, policies, and functions including but not limited to discussion and review of an update on 2023 Strategic Plan Items, discussion and identification of Priority Issues for 2024, including public improvements, programs and staffing, and discussion of additional Council-identified priorities.

The meeting was adjourned at 3:53 p.m.

Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on March 6, 2024.

Jennifer Cusmir, City Clerk
172

CITY OF WEST SACRAMENTO

ERRATA MEMORANDUM
TO: Mayor Guerrero and City Council Members
FROM: Jennifer Cusmir, City Clerk
CC: Aaron Laurel, City Manager
Amanda Berlin, Assistant City Manager
Jeff Mitchell, City Attorney
DATE: March 4, 2024
SUBJECT: City Council Meeting Agenda – Item 7 CONSIDERATION OF APPROVAL OF THE MINUTES OF THE DECEMBER 6, 2023, JANUARY 17, 2024, AND FEBRUARY 21, 2024 REGULAR MEETINGS AND THE MINUTES OF THE DECEMBER 21, 2023 AND FEBRUARY 1-2, 2024 SPECIAL MEETINGS OF THE

WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT SUCCESSOR

AGENCY, AND WEST SACRAMENTO FINANCING AUTHORITY
Please see the attached amended minutes of the February 21, 2024 City Council Meeting.

On page 4 (Attachment 3) a scrivener’s error has been corrected to reflect that a motion was made by Mayor Guerrero, seconded by Mayor Pro Tem Orozco, to appoint Delia Aguirre to the Board of Appeals.

Originally, the motion stated the Rachael DalPoto was appointed, however Ms. DalPorto was appointed to the Environment & Utilities Commission in the prior motion.

The corrected motion is highlighted.
173

WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
FEBRUARY 21, 2024 MINUTES
The meeting was called to order at 7:12 p.m.

Present
Mayor Martha Guerrero; Mayor Pro Tem Quirina Orozco; Council Member Norma Alcala
Absent
Council Member Dawnte Early; Council Member Verna Sulpizio Hull GENERAL ADMINISTRATION FUNCTION – PART I

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

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

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

The City Council recieved public comment on items not on the agenda within the City's jurisdiction.

PRESENTATIONS

2. City Manager's Office
PROCLAMATION RECOGNIZING FEBRUARY 2024 AS BLACK HISTORY MONTH City Council presented a proclamation recognizing February as Black History Month.

CONSENT AGENDA
Approved the Consent Agenda with the exception of Item 3, on which action was taken separately.

MOTION: Alcala SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);

3. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES CONTRACT WITH MARK THOMAS INC. FOR THE SOUTHPORT LEVEE RECREATION TRAIL (CIP 62147)
174
2 Approved Amendment No. 2 to the Professional Services Contract with Mark Thomas Inc. in the amount of $159,231 for the Southport Levee Recreation Trail Project; delegated authority to the City Manager or his designee, to execute Contract Amendment No. 2 with Mark Thomas Inc. for the Southport Levee Recreation trail Project; delegated authority to the City Manager, or his designee, to execute contract amendments up to 10% ($15,923) of the contract amendment value; delegated authority to the City Manager, or his designee, to execute nin-substantive changes or modifications to the professional services contract, with approval from the City Attorney; and delegated authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);

4. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT NO. 4 FOR PROFESSIONAL SERVICES WITH DEWBERRY ENGINEERS, INC. FOR THE SYCAMORE TRAIL PHASE III PROJECT (CIP 14027)
Approved Amendment No. 4 to the contract for professional services with Dewberry Engineers, Inc. in the amount of $99,090.00; authorized the City Manager, or his designee, to execute Amendment No. 4 with Dewberry Engineers, Inc in the amount not to exceed $99,090.00; authorized the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; and delegated authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

5. Capital Projects
CONSIDERATION OF FIRST READING OF ORDINANCE 24-5 AMENDING TITLE 10 (VEHICLES

AND TRAFFIC) OF THE MUNICIPAL CODE RELATING TO THE RE-ESTABLISHMENT OF

SPEED LIMITS ON CERTAIN STREETS WITHIN THE CITY OF WEST SACRAMENTO (CIP 12019)
Waived the first reading and read by title and number only, Ordinance 24-5, amending Title 10 (Vehicles and Traffic) of the Municipal Code relating to the reestablishment of speed limits on certain streets within the City of West Sacramento and informed the public that the second reading and adoption of Ordinance 24-5 is scheduled for March 20, 2024.

6. Capital Projects

CONSIDERATION OF APPROVAL OF THE PROJECT PLANS AND SPECIFICATIONS AND AWARD OF A CONSTRUCTION CONTRACT TO BEAR ELECTRICAL SOLUTIONS, INC. FOR THE WASHINGTON AND BRODERICK LIGHTING AND SAFETY PROJECT (CIP 15053) Approved the Project Plans and Specifications for the Washington and Broderick Lighting and Safety Project (CIP 15053); awarded a construction contract to the lowest responsive, responsible bidder, Bear Electrical Solutions, Inc. in the amount of $145,255; authorized the City Manager, of his designee, to execute the contract, including non-substantive changes or modifications to the contract with Bear Electrical Solutions with approval of the City Attorney; authorized the City Manager, or his designee, to execute amendments, change orders, or purchases up to 20% of the value of the construction contract ($29,051); and delegated authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

7. Capital Projects
175
3 CONSIDERATION OF REJECTION OF ALL BIDS FOR FIRE STATION 43 TENANT IMPROVEMENTS PROJECT 23-072-ITB (CIP 51031)
Rejected all bids for the Fire Station 43 Tenant Improvement Project 23-072-ITB (CIP 51031) and authorized City staff to revise and re-bid the Fire Station 43 Tenant Improvement Project (CIP 51031).

8. Economic Development & Housing

CONSIDERATION OF AMENDMENT TO COVENANT TO CONSTRUCT BETWEEN THE CITY

OF WEST SACRAMENTO AND ERNESTO DELGADO HOSPITALITY GROUP, LLC, FOR PROPERTY LOCATED AT 324 C STREET AND RELATED ACTIONS
Found that the Amendment to the Covenant to Construct is exempt from CEQA analysis under the Class 1 Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15301; approved the Amendment to the Covenant to Construct between the City and Ernesto Delgado Hospitality, LLC, for the property located at 324 C Street; and authorized the City Manager or designee to execute the Amendment.

PUBLIC HEARINGS

9. Community Development
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-18 ADOPTING THE WEST

SACRAMENTO SIDEWALKS AND TRANSPORTATION EQUITY PROGRAM PLAN Conducted a public hearing; found the adoption of the Sidewalks and Transportation Program Plan is exempt from review under the California Environmental Quality Act and qualifies for a Statutory Exemption under Senate Bill 922 as a pedestrian transportation plan that establishes a comprehensive, coordinated approach to improving pedestrian infrastructure and safety pursuant to Public Resource Code Section 21080.20; and approved Resolution 24-18 adopting the Sidewalks and Transportation Equity Program Plan.

MOTION: Orozco SECOND: Alcala
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);

REGULAR AGENDA
None.

GENERAL ADMINISTRATION FUNCTION – PART II

10. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Mayor Pro Tem Orozco reported on the Sacramento Regional County Sanitation District Board meeting.

11. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS Moved to remove Matthew Hargrove from the Parks, Recreation, and Intergenerational Services Commission.

MOTION: Guerrero SECOND: Alcala
176
4 Roll Call Vote
YES: Guerrero, Alcala; NO: Orozco; ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);
Moved to appoint Don Schatzel and John Archuleta to Member postions and Adam Gonzalez to the Alternate Member position on the Parks, Recreation, and Intergenerational Services Commission.

MOTION: Guerrero SECOND: Alcala
Roll Call Vote
YES: Guerrero, Alcala; NO: (None); ABSTAIN: Orozco; ABSENT: Early, Sulpizio Hull; RECUSED: (None);
Moved to appoint Rachael DalPorto to the Environment & Utilities Commission MOTION: Guerrero SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);
Moved to appoint Delia Aguirre to the Board of Appeals as a Member.

MOTION: Guerrero SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);
Moved to appoint Dean Haakenson as the Alternate Member to the Board of Appeals.

MOTION: Guerrero SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);

12. PART II
A. Council Calendar
No report.

B. City Manager Report
None.

C. City Attorney Report
None.

D. Staff Direction from City Council Members
177
5 None.

E. Future Agenda Item Requests by Council
Mayor Guerrero stated that she would like the Council to consider expanding the membership of the Parks, Recreation, and Intergenerational Services Commission and would submit a request to staff to include the topic on the March 6, 2024 agenda as a item under Future Agenda Item Requests by Council.

F. Adjourn
Adjourned the meeting at 9:08 p.m.

MOTION: Alcala SECOND: Orozco
Roll Call Vote
YES: Guerrero, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: Early, Sulpizio Hull; RECUSED: (None);

Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on March 6,2024.

Jennifer Cusmir, City Clerk
178

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 6, 2024 ITEM # 8
SUBJECT:

CONSIDERATION OF SELECTION OF MAYOR PRO TEM
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jennifer Cusmir, City Clerk
City Manager’s Office
ATTACHMENT [ ] Yes [X] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to select a Mayor Pro Tem to serve until the meeting wherein the newly elected City Council members are installed December 2024.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council select a Mayor Pro Tem effective immediately to serve until the newly elected City Council members are installed December 2024.

BACKGROUND
On February 8, 2006, Council approved Resolution 06-18 fixing the term of Mayor Pro Tem at one year. On December 7, 2022, the Council selected Quirina Orozco as the current Mayor Pro Tem.

ANALYSIS
Resolution 06-18 states that in election years, the Mayor Pro Tem selection will take place at the meeting wherein the newly elected Council members are installed. It further provides that the term be until the first meeting in December of the following year and does not preclude successive terms.

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

ATTACHMENT

1. Resolution 06-18
179
180

ATTACHMENT ONLY

THERE WILL BE NO STAFF REPORT

FOR THIS ITEM
ITEM # 11(E)
181
182
From: Guerrero, Martha
To: Laurel, Aaron; Berlin, Amanda
Cc: Cusmir, Jennifer
Subject: Expand Parks, Rec and Intergenerational Commission Date: Thursday, February 29, 2024 4:29:29 PM
Hello Aaron,
Following discussions in our Strategic Planning Retreat, I propose addressing the increasing demand for park services by amending the city's ordinance 2.20.010 (B).

Specifically, I suggest expanding the Parks, Recreation, and Intergenerational Commission from 7 to 9 members or incorporating a liaison for youth under 18.

Currently comprised of 7 commissioners and 1 alternate, the commission needs adjustment to accommodate growing participation demands and ensure equitable representation across newly developed city districts. This expansion aligns with the evolving needs of our community. As part of the transition process it may have a sunset date, or a youth liaison under 18 may be an additional option.

As described in Council's 2023 strategic planning retreat, park acreage has grown 41% from 2008-2022, park sites have grown 39% from 2008-2022, trail miles have grown 64% from 2008-2022. It's evident that our administrative support hasn't kept pace. Residents are keen on participating in decision-making, prompting the need for inclusive representation.

I propose exploring options such as a sunset date for the transition process or the inclusion of youth liaisons under 18. This expansion will foster community engagement and represent all jurisdictions effectively.

I look forward to discussing and considering this recommendation at the upcoming city council meeting.

Thank you for your attention.

Best regards,
Martha
Martha Guerrero
MAYOR
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Telephone: 916-233-7395
183