Agenda packet — West Sacramento City Council, May 15, 2024 (part 2 of 4)

collection. Two proposals were received, submitted by the Mercy Coalition and Grace Abounds Love. A team comprising of staff from Community Outreach and Support Division and Economic Development and Housing Department reviewed the proposals based on various criteria, including qualifications, technical approach, and cost. Both consultants demonstrated qualifications and experience in serving the homeless population, but the Mercy Coalition exhibited a stronger understanding of program needs and presented a robust staffing model.

Mercy Coalition's proposal showcased their ability to handle the required tasks effectively, supported by their previous experience and track record of success. Their proposal received the highest score from evaluators due to their qualifications, experience, and technical approach. Moreover, the Mercy Coalition offered to provide a Resource Room Intern to assist during walk-in hours and manage food distribution, freeing program case managers from these responsibilities. Based on this information, staff recommends selecting the Mercy Coalition to provide supportive services for the City’s Homekey Program for the next 12 months. Given that the program clients’ needs are anticipated to continue in outyears, staff is also recommending the option to extend the contract with Mercy Coalition for two additional one-year terms, subject to funding appropriated through the City’s biennial budget process.

Commission Recommendation
The award of this service agreement is not a policy action and thus feedback from the Economic Development and Housing Commission was not solicited.

Strategic Plan Integration
The recommended actions address homelessness and communitywide impact management, which has been a key focus of the Council’s Strategic Plan for the past years with the current plan being approved in March 2023.

Alternatives
In addition to staff’s recommendation, the City Council’s primary alternatives are:
1) Direct staff to modify the contract with Mercy Coalition to consider scope, budget and/or timeframe changes; or
2) Reject the recommended actions.

Alternatives one and two are not recommended as the Mercy Coalition’s proposal was in direct response to the City’s RFP for supportive services and was the most responsive proposal received and delaying a new contract may result in a lapse of supportive services for Homekey clients. The supportive services included in Mercy Coalition’s proposal are key components for the success of the City’s Homekey Program.

Coordination and Review
The report was coordinated with the Finance Division and the Police Department’s Community Outreach and Support Division.

Budget/Cost Impact
There is currently sufficient funding to cover the initial year of the proposed contract in the amount of $141,488.

Funding for years two and three of the contract, if extended, will be considered as part of the City’s biennial budget process. The City of West Sacramento received a ProHousing Incentive Program (PIP) grant totaling $970,000 in August 2023. This grant was specifically designated to cover ongoing operational expenses associated with the Homekey Program. On December 7, 2022, Council approved Resolution 22-17, appropriating $430,000 from the Measure E fund to support Homekey Program operations. Additionally, in 2022, Yolo County awarded the City $234,328 in Housing and Homeless Assistance Program (HHAP) funds to assist the City in operating its Homekey Program.

Staff is continuously seeking funding opportunities to continue operations at the Homekey Program site and anticipates receiving additional funding to support years two and three of the proposed contract. Future funding opportunities include PIP Round 2, Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) Program and HHAP.

ATTACHMENTS
1) Supportive Services Contract
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Attachment 1
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CONTRACT FOR SERVICES
THIS CONTRACT is made on July 1, 2024, by and between the CITY OF WEST SACRAMENTO (“City”), and Mercy Coalition. (“Consultant”).

WITNESSETH:

WHEREAS, in December 2020, the City acquired the Rodeway Inn, located at 817 West Capitol Avenue, in response to the COVID-19 pandemic and provide interim housing for homeless individuals. The purchase of the Rodeway Inn was made possible with a $3,519,212 State Homekey Program award, a CARES-fund subaward of $638,775 from Yolo County, City Community Development Block Grant Program funding of $1,202,874 and Measure E funds of $2,274,359;
WHEREAS, the City released a Request for Proposals in February 2024 for Supportive Services for the City’s Homeless Emergency Housing Program at the former Rodeway Inn motel; and
WHEREAS, the Consultant has presented a proposal for such services to the City, dated March 11, 2024, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

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

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become 178
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entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on June 30, 2025.

B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.

C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for a period of two (2) one-year extension terms in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the Council approved budget.

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed one hundred forty-one thousand four hundred eighty-eight ($141,488), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".

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

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

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

4. TERMINATION:

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

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt 179
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requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.

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

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

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

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

6. EXTENSIONS OF TIME:

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

7. PROPERTY OF CITY:

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

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

8. COMPLIANCE WITH ALL LAWS:

A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, 180
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and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

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

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

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

10. SUBCONTRACTING:

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

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. 181
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Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

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

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

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

15. INDEMNITY AND LITIGATION COSTS:

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

16. CONSULTANT TO PROVIDE INSURANCE:

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

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence 182
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of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

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

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

The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.

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

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

16.B.2.b).

4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000 per claim.

C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.

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

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

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

17. MISCELLANEOUS PROVISIONS:

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

B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation. 184
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C. This Contract is funded in whole in part through grant funds received under the following grant[s]: Housing and Homeless Assistance Program (HHAP) and Pro-Housing Incentive Program (PIP) (the “Grant”), the terms of which are incorporated herein. Copies of the Grant[s] and any related materials have been made available to Consultant, and Consultant shall ensure that its performance under this Contract, and that of any subcontractors, conforms to the requirements of the Grant[s].

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

E. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

F. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City:

City of West Sacramento
Raul Huerta, Housing Manager
1110 West Capitol Avenue
West Sacramento, CA 95691
Consultant:

Mercy Coalition.
929 Drever Street
West Sacramento, CA 95691

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

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

I. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
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[Signatures on following page]
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CITY OF WEST SACRAMENTO
By: __________________________
Amanda Berlin, Assistant City Manager
ATTEST:

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

By: __________________________________
Jeffrey Mitchell, City Attorney

CONSULTANT
By: _________________________
Don Bosley, Executive Director
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EXHIBIT A
Consultant Proposal/Scope of Work
188
March 11, 2024
Tanya Flores
Assistant Community Investment Planner
1110 West Capitol Ave.

West Sacramento CA 95691
Re: Proposal Transmittal Letter, #23-093-RFP, Laundry and Food Services for Homekey Program
Dear Ms. Flores:

Please receive this document, and supporting documents, as Mercy Coalition’s Proposal Transmittal Letter for #23-093-RFP, Laundry and Food Services for Homekey Program.

In alignment with Proposal requirements, we make the following attestations:

1.Proposer’s Name and Contact
Mercy Coalition of West Sacramento, EIN 81-3581571
Don Bosley, Executive Director
929 Drever Street
West Sacramento CA 95691
[email protected]
916.997.6332

2. Statement of Offer
This letter and supporting documents represent an offer to complete the Scope of Work, as defined in #23-093-RFP. The offer, including the Cost Proposal rates and budget, remains valid for at least ninety (90) business days after the Proposal due date.

3. Conflict of Interest
Neither the Proposer, nor any individual who shall perform work under the Contract, has a conflict of interest.
929 Drever Street West Sacramento CA 95691 | [email protected] | (916) 509-3566

EXHIBIT A
189

EXHIBIT A
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P.O. Box 2060 | West Sacramento CA 95691 | 916.509.3566 February 29, 2024
To whom it may concern:

This letter is to attest that Don Bosley, Executive Director of the Mercy Coalition of West Sacramento (Mercy Coalition), is authorized to act on behalf of the Mercy Coalition for all matters related to the application for and implementation of activities covered under grant funding, including execution of grant agreements and contracts that bind the Mercy Coalition to the expressed scope of work and terms and conditions.

Please reach out to me at [email protected] or (916) 296-8281 if you need additional information.

Sincerely,
Board Chair
Mercy Coalition of West Sacramento
Aleecia Gutierrez

EXHIBIT A
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#23-093-RFP, Laundry and Food Services for Homekey Program Mercy Coalition of West Sacramento

3.3 PROPOSER’S MANDATORY QUALIFICATIONS AND EXPERIENCE
A. ORGANIZATION
Mercy Coalition was first formed in 2010 and became a full 501(c)3 nonprofit in 2017.

Originally committed to serving those experiencing homelessness in West Sacramento, the agency has expanded that client base in recent years to include individuals impacted by substance-use disorders, mental-health disorders, and trauma. The Coalition was almost exclusively volunteer-driven before the covid-19 pandemic, then recalibrated with its first permanent staff in 2021 to meet the escalating community need.

In three years the Coalition has grown from a staff of three to a current staff of 14, including six part-time interns who have all been drawn from our priority population.

All told, 11 of those 14 employees (78.6%) have lived homelessness experience, and half of the six interns are currently living at the Homekey Program. Peer support is thus a baked-in core competency across the agency.

Mercy Coalition staff receive regular training in Trauma-Informed Care, ACES, mentalhealth first aid and such techniques as Motivational Interviewing. The agency’s offices are located at our Mosaic Center resource station, 929 Drever Street in West Sacramento, 95691. Proposed services will originate from both the Mosaic Center and onsite at the Homekey Program.

B. EXPERIENCE
Mercy Coalition has been serving West Sacramentans impacted by homelessness for 14 years. Signature programs during that time have included:

Daily Lunch program, providing more than 80,000 meals from 2013-20.

Rotating Winter Warming Centers, utilizing five different church sites to provide West Sacramento’s first overnight shelter program for the homeless from 2018-20.

The JAM (Jobs And Mentoring) Academy, launched in 2021 and providing workforce development courses and now paid 1-year internships for those from our priority population.

Recovery Cafe West Sacramento, opened in 2022 in partnership with the nationwide Recovery Cafe Network, and providing safe and healing space for those impacted by homelessness, substance-use disorders, mental-health conditions and trauma.
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#23-093-RFP, Laundry and Food Services for Homekey Program Thrive Lives, a weekly pop-up life-skills lunch provided on the front lawn of Homekey since 2022 and drawing 20-30 individuals weekly for discussions on rotating monthly life-skills topics.

Continually since February 2021, Mercy Coalition has been the contractor or subcontractor providing food and laundry services at the City’s Homekey program. In that time, Mercy has repeatedly reached beyond the requirements of the original contract to evolve and expand services to Homekey tenants and hundreds of walk-up clients alike. Those value-added features have included:

The buildout and weekly re-stocking of an onsite clothing closet, which distributed nearly 4,000 items of clothing to walk-up clients in 2023.

The provision of daily Emergency Food Bags (EFBs) for the walk-up population beginning in 2021, and the addition of fresh daily sandwiches in each bag since spring 2022. In 2023, that represented more than 12,000 EFBs (and 12,000 fresh sandwiches).

The procuring, assembly and provision of hygiene kits (soap, shampoo, toothpaste, etc.) for Homekey walkups. More than 1,200 were distributed in 2023.

With City permission and collaboration, the re-design of the onsite laundry program in 2021 to meet the personal laundry needs of the program’s most elderly or medically fragile tenants.

Weekly Thrive Lives pop-up life skills lunches for tenants and walk-ups alike.

The availability of executive director Don Bosley, a retired pastor, to meet chaplaincy needs during times of high stress or loss in the tenant population. 2 EXHIBIT A
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#23-093-RFP, Laundry and Food Services for Homekey Program C. PUBLIC AGENCY EXPERIENCE
Mercy Coalition has worked on numerous public-sector projects in the last five years, including several with the City of West Sacramento for a variety of programming objectives.

YEAR(S) PUBLIC AGENCY /

AGENCIES PROJECT

COMPLETED CONTRACTS
2018-19
City of West
Sacramento / Yolo
County
Winter Warming Centers ($44,793)
Unveiling an innovative solution for West
Sacramento’s first-ever overnight shelter
programming, Mercy utilized five local church sites
to provide rotating shelter for 80 winter nights. Key
personnel included director Don Bosley (current MC
executive director and Homekey supervisor) and
program manager Nicole Ring-Collins (current MC
navigation specialist, intern supervisor and Thrive
Lives facilitator). Both would continue to be
involved in this current proposal.
2019-20
City of West
Sacramento / Yolo
County
Winter Warming Centers ($55,838)
Second season of warming centers, ultimately cut
short by covid-19 breakout. Again utilized local
church sites to provide rotating shelter for 80 winter
nights. Key personnel again included director Don
Bosley and program manager Nicole Ring-Collins.
2021-22 City of West
Sacramento
Homekey Food & Laundry Services ($118,097)
Initial 1-year iteration of food and laundry services
of Homekey program. Key personnel included
executive director Don Bosley and food coordinator
Lynn Phelps, both of whom have maintained those
roles in the years since. Both are also part of the
current proposal.
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#23-093-RFP, Laundry and Food Services for Homekey Program 2022-24 City of West
Sacramento
Homekey Food & Laundry Services ($240,816)
Continued provision and expansion of Homekey
food and laundry services. Key personnel again
included director Don Bosley and food manager
Lynn Phelps, and also included program
coordinator Valarie Williams. All three would
continue with roles in the current proposal. Note:

Though the scope of work was essentially unchanged from the previous contract, Mercy enacted this version as a
subcontractor under Yolo County Children’s Alliance due to the City’s amended contractual structure.
2022-23 City of West
Sacramento
Edible Food Recovery ($26,000)
Pilot year of new edible food recovery program,
collecting and repurposing food from local grocery
stores as a response to SB1323. Mercy utilized this
new source to augment Homekey food procurement
and other programming. Key personnel included
Lynn Phelps and Recovery Cafe food manager
Shirley Williams.
2022-23 Yolo County
Recovery Cafe ($80,210)
Awarded with funds through the American Rescue
Plan (ARP) to help launch and sustain the first year
of the Recovery Cafe program. Key personnel
included Don Bosley, Nicole Ring-Collins, Shirley
Williams, and member care manager Cynthia Mares.

ACTIVE CONTRACTS
2023-26 City of West
Sacramento
Edible Food Recovery ($87,000)
Three-year followup to successful 1-year pilot in
edible food recovery program. Key personnel
continue to be Lynn Phelps and Shirley Williams.
4 EXHIBIT A
195
#23-093-RFP, Laundry and Food Services for Homekey Program 2023-26 Yolo County
Recovery Cafe ($66,121)
HHAP3 funding designated to utilize Recovery Cafe
as a platform for connecting to housing and
stabilizing those at-risk of homelessness. Key
personnel include Don Bosley, Cynthia Mares,
Nicole Ring-Collins and Shirley Williams. Key
incoming interns include Ray Rygg (Homekey
tenant), Andre Compton (Homekey tenant),
Miranda Calderon, Mariah Howard and Sophia
Rosales.
2024 City of West
Sacramento
Recovery Cafe ($225,000)
State of California budget allocation for the
operation of the Recovery Cafe and its related
programming. Key personnel include Don Bosley,
Cynthia Mares, Nicole Ring-Collins and Shirley
Williams. Key incoming interns include Ray Rygg
(Homekey tenant), Andre Compton (Homekey
tenant), Miranda Calderon, Mariah Howard and
Sophia Rosales.

Feb 2024
-July 2024
City of West
Sacramento
Homekey Food & Laundry Services ($63,649)
Five-month continuation of supportive services to
Homekey program. Key personnel include Don
Bosley, Lynn Phelps, Patricia Tyree, Valarie Williams,
and incoming interns Nina Johnson (Homekey
tenant), Andre Compton (Homekey tenant) and
Sophia Rosales. Note: This is also structured with
Mercy as a subcontractor to Yolo County Children’s
Alliance.
5 EXHIBIT A
196
#23-093-RFP, Laundry and Food Services for Homekey Program D. PERSONNEL
With 3+ years of experience providing food and laundry services for the Homekey program, Mercy Coalition is looking to not only meet the requirements of this Scope of Work but leverage it into a workforce development experience for some members of our priority population. The initiation of our JAM Academy paid internship program in March 2024 puts us in position to utilize peer-supportive interns in some of the roles surrounding this proposal.

NAME TITLE &
FTE% BACKGROUND/RESUME
Don Bosley Supervisor

0.2 FTE
Don has been with Mercy Coalition for 14 years,
since co-founding the organization in 2010. Under
his leadership, Mercy has brought numerous
innovative programs to the West Sacramento socialservices landscape, including the Winter Warming Centers, Recovery Cafe, JAM Academy, Thrive Lives
and the Mosaic Village. He is not only the direct
supervisor over the Homekey staff but acts as
program manager for the JAM Academy
internships. He will continue to oversee the day-today work and operate as the primary contact for the City. Don is a lifelong West Sacramental with a B.A.
in English from Sacramento State and a Master’s in
Theology and Ministry from Fuller Theological
Seminary.

Lynn Phelps
Food
Manager

0.5 FTE
Lynn has worked for the Mercy Coalition since 2013
and operated as the Homekey food manager since
2021. Under Lynn’s management, Mercy has
expanded its Homekey food program to include
more than 1,000 food bags a month (with fresh
sandwiches) for walk-up clients. She also oversees
the recovery of more than 13 tons of food per year
from local grocery stores to greatly help reduce the
cost of providing food to Homekey clients. She is a
graduate of Fairview High in Chico.
6 EXHIBIT A
197
#23-093-RFP, Laundry and Food Services for Homekey Program Patricia Tyree
Food
Assistant

0.5 FTE
Patricia has been a volunteer staff member for
Mercy Coalition for two years, and has personally
made over 22,000 fresh sandwiches for walk-up
clients in that time. She also assists with food
recovery, shopping and other procurement efforts,
as well as the preparation of ready food bags going
to Homekey clients. She joined the paid Mercy staff
in February 2024. Patricia has a Bachelor of Arts in
English from Sacramento State.

Nina Johnson
Laundry
Intern

0.55 FTE
A fixture at Homekey as a program participant and
contracted worker, Nina began a 1-year paid
internship with Mercy on March 11, 2024, to be the
program’s laundry intern. She worked 2 years for
Yolo County Housing as a client liaison at Homekey,
and for the last 2 years for the City as a room
attendant helping with cleaning and room
turnovers.

Andre
Compton
Resources
Intern

0.5 FTE
Andre is one of the success stories from the
Homekey program, as well as Downtown Streets
Team and the Recovery Cafe. He began a 1-year
paid internship with Mercy on March 11, 2024, to be
the program’s resource intern. He will work with
current program coordinator Valarie Williams to
receive, prepare and stock clothing donations,
hygiene kits, and other resources for Homekey
walkups. Andre earned his GED after attending
Natomas High School.
7 EXHIBIT A
198
#23-093-RFP, Laundry and Food Services for Homekey Program E. REFERENCES
City of West Sacramento
Taylor Nelson, Community Outreach & Support Division Manager 550 Jefferson Blvd.

West Sacramento CA 95605
[email protected]
Description: Taylor has overseen the Homekey program since its inception and helped facilitate/approve numerous Mercy upgrades to services in that time. 8 EXHIBIT A
199
#23-093-RFP, Laundry and Food Services for Homekey Program City of West Sacramento
Mark Sawyer, Homeless Outreach & Services Coordinator
550 Jefferson Blvd.

West Sacramento CA 95605
[email protected]
Description: Mark has been a key figure in the Homekey program and worked alongside Mercy in a variety of capacities related to the Scope of Work.

City of West Sacramento
James Mayoral, Homekey Program/Property Manager
817 West Capitol Ave.

West Sacramento CA 95691
[email protected]
Description: James is onsite daily at Homekey and has interacted ongoingly with all Mercy support staff the last three years.

Yolo County Children’s Alliance
Jeneba Lahai, Executive Director
600 A St. Y
Davis CA 95616
[email protected]
Description: YCCA has worked alongside Mercy Coalition at Homekey for more than 3 years. Since 2022, Mercy has performed the food and laundry services as a subcontractor under YCCA.

Yolo County Children’s Alliance
Tyler Pehlke, Homekey Housing Program Manager
817 West Capitol Ave.

West Sacramento CA 95691
[email protected]
Description: Tyler has managed the onsite case workers at Homekey the last 3 years and worked closely every day with Mercy staff providing supportive services. 9 EXHIBIT A
200
#23-093-RFP, Laundry and Food Services for Homekey Program F. LOCAL BENEFIT
The most unique local benefit of this Proposal is the employment of Homekey’s priority population - and indeed several active Homekey participants - to complete the Scope of Work. The primary goal of the Homekey program is to move individuals from homelessness to permanent housing; the income and work skills provided by the JAM Academy internships help move some individuals tangibly closer to that goal. Every workday for a year, these interns will not only be keys to delivering food and laundry services at Homekey, but they’ll be part of an intentional, trauma-informed workplace that provides regular mentoring and job-skills training sessions. The internships are designed to help directly place individuals into permanent employment, and each year a new group of interns from the same priority population will help us accomplish the scope of work.

Somewhat more conventionally, Mercy provides a local benefit to local supermarkets like Raley’s, Nugget and Grocery Outlet, recovering their edible food waste and repurposing it - sometimes within an hour or two - for use with Homekey food provision. This helps the grocery stores maintain their SB1383 compliance.

G. HISTORY
No mergers, acquisitions, or sales related to Mercy Coalition’s organizational structure have occurred within the last three (3) years.

H. LEGAL CHALLENGES
No litigation is currently pending against Mercy Coalition.

I. FISCAL VIABILITY
Mercy Coalition has not, in the last ten (10) years, filed (or had filed against it) any bankruptcy or insolvency proceeding, voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors.

J. BUSINESS LICENSE REGISTRATION
Proof of registration with the California Secretary of State is attached. 10 EXHIBIT A
201
Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:

The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.

This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.

No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.

Active
Entity Name:

Entity No.:

Registration Date:

Entity Type:
3924924
07/07/2016
Nonprofit Corporation - CA - Public Benefit
Status:

Formed In: CALIFORNIA

MERCY COALITION OF WEST SACRAMENTO
IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of March 06, 2024.

SHIRLEY N. WEBER, PH.D.

Secretary of State
Certificate No.:

To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 188578940

EXHIBIT A
202
#23-093-RFP, Laundry and Food Services for Homekey Program Mercy Coalition of West Sacramento

3.4 TECHNICAL PROJECT APPROACH
A. SUMMARY
Over the last 3-plus years, together with City staff and the current case-management contractor, Mercy Coalition has developed and refined a consistent, dependable sequence for food and laundry services delivery at Homekey. In 2022 and 2023, the result has been an aggregate 18,300 grocery bags delivered to the 40 client doors at Homekey, arriving three times a week; 1,753 loads of individual laundry collected and returned for Homekey clients; and 21,700 emergency-food bags, 7,567 items of clothing and 3,280 hygiene bags distributed to walk-up clients at the Homekey site.

Mercy’s technical approach will draw heavily from this established map to complete the Scope of Work as described in #23-093-RFP. Client laundry services will take place onsite, utilizing the site’s commercial laundry machinery. Every other aspect of the Scope of Work will have its genesis at our nearby Mosaic Center resource station, where food, clothing, and hygiene items can be collected, organized and assembled for delivery to the Homekey site a half-mile away. Mercy staff and volunteers will deliver all needed items to Homekey. In 2023, some 854 volunteer hours augmented staff efforts in the delivery of services.

A key component of this proposal is Mercy’s deployment of several paid interns from our priority population, as part of our JAM (Jobs And Mentoring) Academy workforce development initiative. Begun in 2021, JAM Academy added six paid, 1-year internships to its programming beginning in February 2024. Three or four of these interns will play a supervised role in providing proposed Homekey services, with a new class of client interns stepping into those roles each succeeding year of the contract.

The use of JAM Academy interns at Homekey creates a uniquely layered benefit, infusing organic peer support into everyday services while advancing Homekey’s own program goals of helping individuals secure and sustain permanent housing. For the JAM interns - three of whom are current Homekey residents - permanent housing becomes much more tenable and sustainable because of an internship that provides:

Regular, reliable income
Weekly trainings in employment soft skills, leadership skills and/or specific vocational tracks
Everyday exposure to Mercy Coalition’s intentional, trauma-informed workspace Everyday exposure to residual Mercy programming such as the Recovery Cafe and Thrive Lives
1 EXHIBIT A
203
#23-093-RFP, Laundry and Food Services for Homekey Program Bi-monthly, one-on-one life coaching sessions with program mentor Nicole RingCollins A growing sense of purpose, possibility, accomplishment and belonging Job placement services as the 1-year internship comes to an end Over the course of a 3-year contract for Homekey food and laundry services (one initial year plus two 1-year extensions), some 9 to 12 unique individuals will have their permanent housing possibilities exponentially solidified because they worked at Homekey through the JAM Academy internship program.

This service approach - braiding tangible everyday services with intangible empowerment, workforce development and peer support - has the important residual effect of creating an atmosphere of trust and possibility around the Homekey programming. This trust becomes the seed of a supportive community that can be critical to an individual achieving and maintaining permanent housing. Today’s walkup visitor may be tomorrow’s Homekey resident. Today’s Homekey resident may be tomorrow’s JAM Academy intern, bringing peer support as well as food and laundry resources. Referral opportunities abound, including those to Mercy’s own programming.

We have found that it is possible to exceed every required deliverable at Homekey with excellence, and in so doing help create the kind of supportive ecosystem that may impact clients well beyond Homekey. That is our intent and ambition.

B. FOOD SERVICES
Deliverables:

Three food-bag deliveries per week to all participating Homekey clients, consisting of both same-day meal options and longer-term grocery items suitable for preparation and storage in the Homekey units.

Daily provision of 50-80 emergency food bags for walk-up clients during drop-in hours, each with a fresh sandwich included.

Purchase, procurement, assembly and delivery of all needed food items.

Approach:

Food manager Lynn Phelps and food assistant Patricia Tyree are tasked with procuring all the food to meet the deliverable needs at Homekey. Long-established now is a schedule for weekly pickup of recoverable food from Raley’s Supermarket, Nugget Market, and Grocery Outlet. Additional food items are secured with weekly visits to 2 EXHIBIT A
204
#23-093-RFP, Laundry and Food Services for Homekey Program Yolo Food Bank and its economical 19-cents/pound purchase price. Any remaining food gaps are then filled with purchases at Costco, Grocery Outlet, and other low-cost stores.

All procured food is brought to Mercy’s Mosaic Center (929 Drever Street), where some goes into an instant assembly line for Homekey food deliveries; and some is shelfstored or refrigerated for upcoming delivery needs. Teams of regular volunteers help assemble the food bags each Tuesday, Thursday and Friday for delivery to Homekey tenants. Other staff and volunteers are scheduled to help with the daily assembly of the Emergency Food Bags for walkup clients. Food assistant Patricia Tyree typically makes the 50 to 80 sandwiches each day for the EFBs, utilizing cold cuts and cheese.

Staff and volunteers deliver food bags directly to the doors of Homekey clients each Tuesday, Thursday and Friday. The Friday deliveries are intentionally built to be more shelf-stable and supply clients for the three days before delivery resumes on Tuesday.

Additionally, Mercy staff make daily deliveries of the EFBs and sandwiches to the Homekey site before walk-up hours begin at noon. The sandwiches are kept refrigerated first at the Mosaic Center, and then at the Homekey resource room, in alignment with best food-safety practices. Special-projects intern Sophia Rosales acts as backup personnel to ensure that no gaps in food delivery are experienced.

Since Mercy food staff cannot be continually onsite at Homekey (there’s no room for them there), constant daily communication with City and case-management staff is critical. Mercy staffers are in regular communication with case managers to maintain an updated list of how many clients are in each unit, or to track any special dietary needs of clients. Mercy staff have been able to be very responsive to late-afternoon phone calls when EFBs were running out, or to provide an initial food delivery to a new client moving in. The close proximity of the Mosaic Center aids greatly in this responsiveness.

Mercy staff utilize a well-developed share drive to collect and record daily numbers of food deliveries, pounds of food collected from local outlets, and volunteer hours contributing to the provision of Homekey services.

Note: Though it is not part of this Homekey RFP, Mercy Coalition would also be amenable to providing similar regular food services to the City’s companion interim housing at the Flamingo Hotel. Please see budget proposal (“Add-On #2”) for prospective costs of this additional service. 3 EXHIBIT A
205
#23-093-RFP, Laundry and Food Services for Homekey Program C. LAUNDRY SERVICES
Deliverables:

Provide fresh towels and linens to all Homekey clients 3 times per week Collect and launder the used towels and linens, utilizing onsite commercial laundry machinery.

Act as a point of delivery for toilet paper and tissue
Maintain a closet of donated clothing items to be made available to clients during intakes and throughout duration of stay.

Laundry Approach:

Mercy staff have handled all laundry services at Homekey since February 2021, and understand well the clientele, machinery and partnerships in a way that makes for effective service delivery.

Laundry attendant Nina Johnson, a current Homekey program participant, will be tasked with providing the daily laundry services to attendants. She will make daily rounds collecting used towels and linens for laundering, then fold those laundered items and deliver them to Homekey clients. She will keep on hand a number of “Welcome. Kits” of fresh towels and linens for new clients coming into the program.

Mercy Coalition will purchase all the needed toilet paper and tissues boxes for all clients. Nina will deliver/have available these items for clients who request them.

Mercy will also periodically order new supplies of towels and linens as stock is depleted.

Special Projects intern Sophia Rosales will act as a backup/supplement to Nina and ensure that there is no interruption in services.

Alternative Scope of Work and Approach: Laundry Services The Scope of Work defined in #23-093-RFP is essentially the same as the City’s 2021 RFP for similar laundry services at Homekey. However, by September of 2021, the City, Mercy Coalition and other partner providers were in agreement that a more individualized approach to laundry services would be more beneficial to the overall Homekey clientele. In cooperation with the City, we have enacted this alternative approach for the last 2.5 years. While prepared to fully deliver the Scope of Work as written in #23-093-RFP, Mercy would like to respectfully submit an 4 EXHIBIT A
206
#23-093-RFP, Laundry and Food Services for Homekey Program alternative Scope of Work for consideration in regard to laundry services at Homekey. Mercy can meet this alternative Scope of Work without any differences in personnel or budget.

Under this alternative Scope of Work, laundry attendant Nina Johnson would collect, wash, dry, fold and return the personal laundry of select Homekey clients who are disabled, elderly, or otherwise hindered from being able to do their own laundry. Contracted case management and City staff will help determine which clients are most medically vulnerable and candidates for the laundry list. This list has consistently included 20-25 individuals, or about a third of Homekey’s capacity population, over the last 2.5 years.

Though she would no longer provide daily “hotel-style" towel and linens service, Nina would still keep on hand a number of “Welcome. Kits” of fresh towels and linens for new clients coming into the program. Mercy Coalition will purchase all the needed toilet paper and tissues boxes for all clients. Nina will deliver/have available these items for clients who request them. Mercy will also periodically order new supplies of towels and linens as stock is depleted.

Special Projects intern Sophia Rosales will act as a backup/supplement to Nina and ensure that there is no interruption in services.

Clothing Closet Approach
Since taking over laundry services at Homekey in 2021, Mercy has equipped and built up the onsite clothing closet and the processes that keep it stocked and organized. The result over the last 3 years has been a robust delivery of services to many hundreds of walk-up clients, all of whom can receive an emergency food bag, needed clothing, or bags of hygiene items just by visiting one Homekey door between noon and 4pm each weekday.

Clothing donations from the community are received at Mercy’s Mosaic Center (929 Drever Street), where they are sorted, folded, labeled, and - if necessary - sent out for laundering. Hygiene items such as toothpaste, shampoo and soap are similarly received by donation and sorted for packaging into Hygiene Bags, ready for distribution at the Homekey walk-up door. Donations may also come through local events such as West Sac Kids Give Back or Mercy’s own Socktoberfest, which brought in 13,000 pairs of socks and other cold-weather clothing items in the fall of 2023.

Resources intern Andre Compton, a current Homekey program participant, is tasked with the receiving, organizing, and movement of these clothing and hygiene resources.

He works under the direction of Program Coordinator Valarie Williams, who has 5 EXHIBIT A
207
#23-093-RFP, Laundry and Food Services for Homekey Program designed and refined many of the processes that keep this pipeline of resources moving to Homekey.

Andre and special-project intern Sophia Rosales are jointly responsible for delivering clothing and hygiene items to the Homekey site. They take responsibility for keeping the resources room organized and well-stocked, so that needed items are easily located by case-management staff for quick distribution to walkup clients.

Mercy works in close communication with City and case-management staff at Homekey, tracking particular clothing and hygiene-item needs at the walkup door.

When specific supplies, clothing types or sizes are running low, Mercy has had success reaching out to the community through our social-media networks to help fill the resource gaps.

Optional Add-On: Laundry Services
As all current Homekey contractors are aware, the “success" of the walkup provision has come at the expense of the on-site case workers. Though Mercy staff and volunteers deliver all the food, clothing and hygiene items for walk-up clients, it is the case-management staff that had to interrupt what it was doing more than 17,000 times in 2023 to answer the door and hand out resources.

As an option for consideration, Mercy would train and place an additional JAM Academy intern into the Homekey resource room each weekday during walk-up hours, noon-4pm. This individual - like all JAM interns, drawn from our priority population - would handle all the routine resource requests and also refer all other matters to the proper City or case management staff. We see it as an opportunity to train and empower another client intern while simultaneously greatly improving the efficiency and availability of case workers for their intended purpose. Please see budget proposal (“Add-On #1) for prospective costs of this feature. 6 EXHIBIT A
208
Mercy Coalition
EDH24-100 - Supportive Services for Homekey Program
Expires 06/30/2025

EXHIBIT B
Schedule of Performance
Contract Start Date July 1, 2024
Contract End Date June 30, 2025
209
Mercy Coalition
EDH24-100 - Supportive Services for Homekey Program
Expires 06/30/2025

EXHIBIT C
Schedule of Fees
210
MERCY COALITION - 2024-27 HOMEKEY PROGRAM BUDGET - SUPPORTIVE SERVICES YEAR 1
(2024-25)
YEAR 2 EXTENSION
(2025-26)
YEAR 3 EXTENSION
(2026-27)
PROJECTED 3-YEAR

PROJECT TOTALS
FTE % HK Funding Other
Sources In-Kind PROJECTTOTAL
HK
Funding
Other
Sources In-Kind PROJECTTOTAL
HK
Funding
Other
Sources In-Kind PROJECTTOTAL
HK
Funding
Other
Sources In-Kind PROJECTTOTAL
Personnel
Supervisor 0.2 $‎ 14,400 $‎ 14,400 $‎ 15,000 $‎ 15,000 $‎ 15,600 $‎ 15,600 $‎ 45,000 $‎ 45,000 Food Coordinator 0.5 $‎ 22,600 $‎ 22,600 $‎ 23,300 $‎ 23,300 $‎ 24,000 $‎ 24,000 $‎ 69,900 $‎ 69,900 Food Assistant 0.5 $‎ 18,500 $‎ 18,500 $‎ 18,800 $‎ 18,800 $‎ 19,500 $‎ 19,500 $‎ 56,800 $‎ 56,800 Resource Coordinator 0.1
0 $‎ 4,000 $‎ 4,000 $‎ 0 $‎ 4,100 $‎ 4,100 $‎ 0 $‎ 4,200 $‎ 4,200 $‎ 0 $‎ 12,300 $‎ 12,300 Resource Intern 0.5 $‎ 18,000 $‎ 18,000 $‎ 18,300 $‎ 18,300 $‎ 18,700 $‎ 18,700 $‎ 55,000 $‎ 55,000 Resource Room Intern 0.5 $‎ 18,000 $‎ 18,000 $‎ 18,300 $‎ 18,300 $‎ 18,700 $‎ 18,700 $‎ 55,000 $‎ 55,000 Special Projects Intern 0.2 $‎ 0 $‎ 7,200 $‎ 7,200 $‎ 0 $‎ 7,400 $‎ 7,400 $‎ 0 $‎ 7,600 $‎ 7,600 $‎ 0 $‎ 22,200 $‎ 22,200 Volunteers $0 $‎ 14,000 $‎ 14,000 $0 $‎ 14,450 $‎ 14,450 $0 $‎ 14,900 $‎ 14,900 $0 $‎ 43,350 $‎ 43,350 Workers’ comp $‎ 4,575 $‎ 560 $‎ 5,135 $‎ 5,815 $‎ 575 $‎ 6,390 $‎ 5,100 $‎ 590 $‎ 5,690 $‎ 15,490 $‎ 1,725 $‎ 17,215 Payroll taxes $‎ 9,150 $‎ 1,120 $‎ 10,270 $‎ 9,370 $‎ 1,150 $‎ 10,520 $‎ 9,650 $‎ 1,180 $‎ 10,830 $‎ 28,170 $‎ 3,450 $‎ 31,620 Benefits $‎ 3,600 $‎ 1,200 $‎ 4,800 $‎ 3,750 $‎ 1,230 $‎ 4,980 $‎ 3,900 $‎ 1,260 $‎ 5,160 $‎ 11,250 $‎ 3,690 $‎ 14,940 TOTAL PERSONNEL $‎ 108,825 $‎ 14,080 $‎ 14,000 $‎136,905 $‎112,635 $‎ 14,455 $‎ 14,450 $‎141,540 $‎115,150 $‎ 14,830 $‎ 14,900 $‎144,880 $‎336,610 $‎ 43,365 $‎ 43,350 $‎423,325 Operations
Food $‎ 18,000 $‎ 5,000 $‎ 23,000 $‎ 19,000 $‎ 5,200 $‎ 24,200 $‎ 20,000 $‎ 5,400 $‎ 25,400 $‎ 57,000 $‎ 15,600 $‎ 72,600 Transportation $‎ 1,800 $‎ 1,500 $‎ 3,300 $‎ 1,800 $‎ 1,600 $‎ 3,400 $‎ 2,100 $‎ 1,700 $‎ 3,800 $‎ 5,700 $‎ 4,800 $‎ 10,500 TOTAL OPERATIONS $‎ 19,800 $‎ 0 $‎ 6,500 $‎ 26,300 $‎ 20,800 $‎ 0 $‎ 6,800 $‎ 27,600 $‎ 22,100 $‎ 0 $‎ 7,100 $‎ 29,200 $‎ 62,700 $‎ 0 $‎ 20,400 $‎ 83,100 Subtotal $‎ 128,625 $‎ 14,080 $‎ 20,500 $‎163,205 $‎133,435 $‎ 14,455 $‎ 21,250 $‎169,140 $‎137,250 $‎ 14,830 $‎ 22,000 $‎174,080 $‎399,310 $‎ 43,365 $‎ 63,750 $‎506,425 Indirect Costs (10%) $‎ 12,863 $‎ 12,863 $‎ 13,344 $‎ 13,344 $‎ 13,725 $‎ 13,725 $‎ 39,931 $‎ 39,931 TOTAL $‎ 141,488 $‎ 14,080 $‎ 20,500 $‎176,068 $‎146,779 $‎ 14,455 $‎ 21,250 $‎182,484 $‎150,975 $‎ 14,830 $‎ 22,000 $‎187,805 $‎439,241 $‎ 43,365 $‎ 63,750 $‎546,356 FTE %
1 211

NARRATIVE
MC executive director Don Bosley, as he has the last 3.5 years, will continue to operate in this oversight role and act as the agency liaison with case- and property-management staff.

Don will recruit and direct all program interns, participate in inter-agency collaborative meetings, and ensure that the contracted technical approach is followed with fidelity.

Lynn Phelps has designed and perfected the weekly system that brings food in from local food recovery efforts, food banks, and grocery stores, and turns it into thousands of food bags for Homekey tenants and thousands more for walk-up clients each year.

The dramatic rise in the number of Homekey walk-up clients has necessitated the addition of another 0.5 FTE food worker. This role will be occupied by Patricia Tyree, who has made more than 22,000 fresh daily sandwiches for Homekey clients in the last two years.

Resource Coordinator Valarie Williams will maintain a directive role over interns working with the clothing closet. Her position is funded by other sources.

Current Homekey resident Andre Compton is tasked with receiving, organizing, labeling and helping deliver clothing donations to the Homekey clothing closet. He will also receive, assemble and deliver the regular Hygiene Kits that are distributed through the Homekey resource room.

Special-projects intern Sophia Rosales will assist with both laundry and clothing/hygiene services, and act as a backup so that no interruption in services occurs. Her position is funded through other sources.

Estimated minimum of 500 volunteer hours a year towards this project.

Calculated at 5% of salaries
Calculated at 10% of salaries
Portion of full-time staffers only (Don Bosley, Valarie Williams) 5% increase each year reflects recent trends in both prices and level of need. Price is mitigated by recovery of more than Includes 13 tons/year of food from grocery store recovery programs
Personnel
Supervisor 0.2
Food Coordinator 0.5
Food Assistant 0.5
Resource Coordinator 0.1
Resource Intern 0.5
Resource Room Intern 0.5
Special Projects Intern 0.2
Volunteers
Workers’ comp
Payroll taxes
Benefits

TOTAL PERSONNEL
Operations
Food
Transportation

TOTAL OPERATIONS
Subtotal
Indirect Costs (10%)
TOTAL
FTE %
2 212
Mercy Coalition
EDH24-100 - Supportive Services for Homekey Program
Expires 06/30/2025

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

CONSULTANTS
By:

Don Bosley, Executive Director
213
Mercy Coalition
EDH24-100 - Supportive Services for Homekey Program
Expires 06/30/2025

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, and 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 subcontractor shall keep an accurate payroll record 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 and 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.

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 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 214
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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. 215
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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 Agreement itself, the terms of this Exhibit shall control.

Please review and check the appropriate boxes to determine the applicability of provisions to the federally funded contract or purchase order and remove highlights before finalizing. ☐TERMINATION FOR CAUSE (in addition to standard Termination language) Criteria: All Contracts over $10k
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:
• 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.
• 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. • Failure to make prompt payments to Subcontractors or suppliers. • Persistent disregard of laws, ordinances, or the instructions of the City, or other substantial violation of any provision of the Contract.

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.

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.

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

Criteria: Government Contracts
During the performance of this contract, the contractor agrees as follows 216
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1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

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

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

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

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

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

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

8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ☐ Criteria: Federally assisted construction contracts
Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of 217
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the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

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

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

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

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

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

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

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

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

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

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

Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate.

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

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

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

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

3. Additionally, contractors are required to pay wages not less than once a week. 219
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☐ COPELAND ANTI-KICKBACK ACT
Criteria: Construction or Repair Work >$2k (not applicable to FEMA)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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).

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.

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

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.
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☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used 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 non-Federal award.

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

Consultant shall keep all other necessary books and records, including property, personnel, loan documentation and financial records, in connection with the operation and services performed under this Agreement, in accordance with 2 CFR §200.333
☒ NO OBLIGATION BY FEDERAL GOVERNMENT
Criteria: All contracts
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.

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

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

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

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

3. Meeting contract performance requirements; or

4. At a reasonable price.
a. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. 222
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☐ Prohibition on certain telecommunications and video surveillance services or equipment.

Criteria: Contracts related to telecommunications or video surveillance or equipment (K) §200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471."
☐ Domestic preferences for procurements
Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber."
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CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 11
SUBJECT:

CONSIDERATION OF CONTRACT FOR SERVICES WITH DOWNTOWN STREETS INC, FOR CASE MANAGEMENT SERVICES AT THE CITY’S HOMEKEY PROGRAM INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Tanya Flores, Assistant Community Investment Planner
Economic Development & Housing Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide sufficient information for Council to consider approving a contract for services with Downtown Streets Inc. to provide case management services for the City’s Homekey Program, located at 817 West Capitol Avenue.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve a 12-month contract (Attachment 1) for case management services with Downtown Streets Inc., for an amount not to exceed $533,937.21 for the City’s Homekey Program and authorize the City Manager, or his designee, to execute the contract for services; 2) Delegate authority to the City Manager, or his designee, to exercise the two additional 12-month term options provided in the contract for services at an amount not to exceed $552,512.32 and $580,137.94 for years two and three, respectively; and
3) Authorize the City Manager, or his designee, to make non-substantive changes or modifications to the contract, with approval from the City Attorney.

BACKGROUND
The City Council's decision on November 18, 2020, to acquire the Rodeway Inn motel marked a pivotal step in addressing homelessness during the COVID-19 pandemic, utilizing funding from the State Homekey Program.

This initiative, following the framework of Project Roomkey, aimed to provide housing and support to individuals in need. Collaborating closely with the Yolo County Health and Human Services Agency (HSSA), the City facilitated referrals and placements, covering room rentals and social services.

To finance the acquisition and rehabilitation of the Rodeway Inn property, the City combined funding from various sources, including the Homekey Program, Yolo County CARES-fund subaward, City Community Development Block Grant Program, and Measure E funds.

Contracts were established on January 20, 2021, with the Yolo County Children’s Alliance (YCCA) and the Downtown Streets Inc. of West Sacramento to provide essential services such as case management and food distribution/laundry. Since the start of the Homekey Program on December 9, 2020, through December 31, 2023, the program has successfully housed 314 clients, with 59 of those individuals being placed into permanent housing, thus marking a significant impact in addressing homelessness and providing sustainable housing solutions.

Case management and other supportive services are an integral part of the Homekey Program. These services have been provided by the Yolo County Children’s Alliance and the Mercy Coalition since the program’s inception. The existing contract for services expires on June 30, 2024. As such, staff began a new solicitation process earlier this year to ensure continuity of these important services.

ANALYSIS
On February 9, 2024, staff released a Request for Proposal (RFP) for Case Management Services for the Homekey Program. While supportive services and case management were previously provided by the same consultant in the prior contract, after discussions with the service providers and Community Outreach and Support Division staff, it was decided to separate these services into two RFPs in order to better manage the different responsibilities.
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Contract for Case Management Services with Downtown Streets Inc.

May 15, 2024

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The RFP for Case Management Services detailed a comprehensive range of services, including on-site intensive case management, permanent housing readiness, transportation, data collection, walk-up distribution services, volunteer services, and professional supportive services. Two proposals were received, submitted by Downtown Streets Inc. and Grace Abounds Love. A review team comprised of staff from the Community Outreach and Support Division and Economic Development and Housing Department evaluated the proposals based on various criteria, including qualifications, technical approach, and cost. Both consultants demonstrated qualifications and experience in serving the homeless population, but Downtown Streets Inc. showcased a stronger understanding of program needs and presented a robust staffing model.

Downtown Streets Inc.'s proposal demonstrated adequate qualifications and experience necessary for executing the contract tasks. Notably, their unique approach to case management, providing extensive support and advocacy beyond participants’ immediate program stay, impressed evaluators. This approach significantly impacts the quality of life for participants and effectively transitions them to sustainable permanent housing.

Downtown Streets Inc. received the highest score from RFP evaluators, attributed to their technical approach to the scope of work. In contrast, Grace Abounds Love's proposal was deemed less competitive due to their limited experience with handling case management. Based on this information, staff recommends selecting Downtown Streets Inc. to provide case management services for the City’s Homekey Program for the next 12 months. Given that the program clients’ needs are anticipated to continue in outyears, staff is also recommending the option to extend the contract with Downtown Streets Inc. for two additional one-year terms, subject to funding appropriated through the City’s biennial budget process.

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
The award of this service agreement is not a policy action and thus feedback from the Economic Development and Housing Commission was not solicited.

Alternatives
In addition to staff’s recommendation, the City Council’s primary alternatives are:
1) Direct staff to modify the contract with Downtown Streets Inc. to consider scope, budget and/or timeframe changes;
2) Reject the recommended actions.

Alternatives one and two are not recommended as Downtown Streets Inc.’s proposal was in direct response to the City’s RFP for case management services and was the most responsive proposal received and delaying a new contract may result in a lapse of case management services for Homekey participants. The case management services included in Downtown Streets Inc. are key components for the success of the City’s Homekey Program.

Coordination and Review
The report was coordinated with the Finance Division and the Police Department’s Community Outreach and Support Division.

Budget/Cost Impact
There is currently sufficient funding to cover the initial year of the proposed contract for $533,937.21. Funding for years two and three of the contract, if extended, will be considered as part of the City’s biennial budget process. The City of West Sacramento received a ProHousing Incentive Program (PIP) grant totaling $970,000 in August 2023. This grant was specifically designated to cover ongoing operational expenses associated with the Homekey Program. On December 7, 2022, Council approved Resolution 22-17, appropriating $430,000 from the Measure E fund to support Homekey Program operations. Additionally, in 2022, Yolo County awarded the 226
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May 15, 2024

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City $234,328 in Housing and Homeless Assistance Program (HHAP) funds to assist the City in operating its Homekey Program.

Lastly, staff has recommended that 15% of the City’s 2024 Community Development Block Grant award be allocated to support case management for the City’s homeless emergency housing programs. Staff anticipates the 15% allocation to represent approximately $99,749.

ATTACHMENTS
1) Case Management Services Contract
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Downtown Streets, Inc.

EDH24-123 - Homekey Case Management Services
Expires on 05/31/2025
1 3/20/24

CONTRACT FOR SERVICES
THIS CONTRACT is made on June 1, 2024, by and between the CITY OF WEST SACRAMENTO (“City”), and Downtown Streets, Inc. (“Consultant”).

WITNESSETH:

WHEREAS, In December 2020, the City acquired the Rodeway Inn, located at 817 West Capitol Avenue, in response to the COVID-19 pandemic and provide interim housing for homeless individuals. The purchase of the Rodeway Inn was made possible with a $3,519,212 State Homekey Program award, a CARES-fund subaward of $638,775 from Yolo County, City Community Development Block Grant Program funding of $1,202,874 and Measure E funds of $2,274,359;
WHEREAS, the City released a Request for Proposals in February 2024 for Case Management for the City’s Homeless Emergency Housing Program at the former Rodeway Inn motel; and
WHEREAS, the Consultant has presented a proposal for such services to the City, dated March 08, 2024, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

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

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which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on May 31, 2025.

B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.

C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for two (2) additional one-year terms in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the Council approved budget.

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed five hundred thirty-three thousand nine hundred thirty-seven dollars twenty-one cents ($533,937.21),without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".

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

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

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

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

6. EXTENSIONS OF TIME:

7. PROPERTY OF CITY:

8. COMPLIANCE WITH ALL LAWS:
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A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

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

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

10. SUBCONTRACTING:

11. ASSIGNABILITY:

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

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

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

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

13. MATERIALS CONFIDENTIAL:

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

15. INDEMNITY AND LITIGATION COSTS:

16. CONSULTANT TO PROVIDE INSURANCE:

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

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

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or it’s equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
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iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section

16.B.2.b).

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

17. MISCELLANEOUS PROVISIONS:

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

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

D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of West Sacramento
Attn to: Raul Huerta, Housing Manager
Address 1110 West Capitol Avenue
Address West Sacramento, CA 95691
Email: [email protected]

Consultant: Downtown Streets, Inc.

Attn to: Heather Mundy
Address 1671 The Alameda, Suite 301
Address San Jose, CA 95126
Email: [email protected]

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

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

H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
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CITY OF WEST SACRAMENTO
By: __________________________
Amanda Berlin, Assistant City Manager
ATTEST:

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

By: _______________________
Jeffrey Mitchell, City Attorney

CONSULTANT
By:
______________________________
Julie Gardner, Chief Executive Officer

_______________________________
Marina Peterson, Chief Financial Officer
_______________________________
Karen Reinhold, Board Secretary
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Downtown Streets, INC.

Contract Number - Homekey Case Management Services
Expires on 05/31/2025

EXHIBIT A
Consultant Proposal/Scope of Work
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Downtown Streets, Inc. is a 501 (C)(3) non-profit corporation | Tax ID: 20-5242330 | Streetsteam.org Headquarters: 1671 The Alameda, Suite 301, San Jose, CA 95126 Downtown Streets Team builds Teams that restore dignity, inspire hope, and provide a pathway to recover from homelessness Downtown Streets, Inc.
1671 The Alameda, Suite 301
San Jose, CA 95126
March 8, 2024
Tanya Flores, Assistant Community Investment Planner
1110 West Capitol Ave
West Sacramento, CA 95691
Dear City of West Sacramento,
Downtown Streets, Inc (DST) is proposing this offer herein for Case Management at the Homeless Emergency Housing Program at the City-owned Rodeway Motel in West Sacramento. I, Heather Mundy, will be your main contact for our organization as the Director of Sacramento and Yolo Counties. I can be reached via email at [email protected] or via text message or telephone at (916) 215-4675. This proposal is an offer to complete the Scope of Work provided by the City of West Sacramento, and this proposal remains valid for 90 business days after the Proposal due date. DST does not believe there are any existing conflicts of interest that would hinder our organization from fulfilling the Scope of Work as requested. The City of West Sacramento’s standard contract and insurance policies have been reviewed in full by DST and the required certificates are attached to this proposal.

DST does not plan on using any subcontractors to fulfill the Scope of Work. DST understands that this project is funded in whole or in part by federal funds, including American Rescue Plan Act (ARPA). DST agrees to abide by any and all federal requirements, including those specific to ARPA funding.

We appreciate your consideration and greatly value the long-standing and effective partnership our agency continues to have with the City of West Sacramento.

Gratefully,
Heather Mundy
Director, Sacramento and Yolo Counties
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Rodeway RFP Part 3 – Technical Project Approach
Downtown Streets Team is the ideal organization to provide Case Management for the City for West Sacramento’s Homeless Emergency Housing Program at the Rodeway Motel. DST is unique because we have a no-barrier, community-centered approach to working with adults that gives people experiencing homelessness the opportunity to work on their goals for personal & professional growth. We start by building trust, rapport, and community. From there, we then work to remove the barriers that exclude our program participants from housing, employment, & other social services. We have already seen proven success in the short time we have been offering Case Management services at the Flamingo Motel just across the street from the Rodeway. Residents at the Flamingo have started to succeed as they have been connected to dental care, medical care, obtained glasses – one resident even bought a car! Their quality of life has improved with DST on the premises, and we’d love to get to work doing the same thing for the residents of the Rodeway.

The Downtown Streets Team staff employs a unique Case Management style that prioritizes dignity for all, with a sense of accountability and individual focus for those in the experience of homelessness. We deeply understand that true, lasting change takes time. The trauma-informed, housing first principles that are already employed by the expert Homeless Services and Community Outreach Department of the West Sacramento Police Department align exactly with our program philosophy, and our organizations already have a long history of strong collaboration. DST also has established relationships with other social service providers within Yolo County, including CommuniCare and the Salud Clinic, Empower Yolo, Yolo County Children’s Alliance, The Mercy Coalition, and our Yolo County Health & Human Services public benefit providers, including CalFresh/CFET, SSI, CalWorks, and MediCal. We have successfully worked alongside these agencies to serve DST’s program participants in West Sacramento for the past four years and look forward to strengthening these relationships in order to best serve the residents of the Rodeway.

Our DST on-site Case Managers and Project Manager will provide comprehensive Case Management, from the move-in process and needs assessments, to providing crisis intervention and physical and mental health resources, to making sure each resident is document-ready to move towards stable housing as we seek and find the right opportunities for each individual. Our budget also allows for extended Case Management and continued support for guests of the motel who move into housing for a 30 to 90-day period, depending on needs of the individual client. We also have an existing and extensive curriculum of leadership, life skill, and job-readiness workshops that we will facilitate weekly onsite for guests of the Rodeway.

In addition, we have budgeted to allow for drop-in services to expand and continue onsite at Rodeway, so that unhoused residents of West Sacramento that are not currently guests of the motel program can access food, clothing, basic necessities, and light touch Case Management. We have included in this budget a dedicated Outreach Case Manager that can help folks who are in need of services but are not yet guests of the motel program. Our aim is to be as inclusive as possible in supporting the unhoused community as they move toward a safer and more stable way of life.

One exciting new component of our Downtown Streets Team model is the addition of Streets Team Enterprises (STE) positions, which were new to the West Sacramento DST community in January 2024. STE is a unique employment enterprise that offers part-time, entry 239
Rodeway RFP Part 3 – Technical Project Approach
level termed employment for people in crisis. In our budget we have included two STE positions that would be designed to be filled by motel program residents. One position would be an onsite Motel Crew Lead, who would be paid for four hours a day to perform trash removal, landscaping, and general upkeep of the motel properties from 8 – noon Monday through Friday. This position would also oversee up to five resident volunteers who would like to join in volunteering with DST as a meaningful daily activity, and those volunteers would receive noncash, basic needs stipends, up to $575 per calendar year, if they attend our Weekly Success Meetings and weekly employment workshops. Our DST West Sac Team would add on this additional “Motel Crew” of volunteers, which is why you see a small portion of funding our DST West Sacramento Project Manager baked into this contract.

The second STE position would be assisting our Outreach Case Manager, also four hours per day, handing out water, food, etc. to folks who utilize the Rodeway drop-in services. The STE Outreach Attendant would help with peer-to-peer support, with organizing any food donations and distribution, and would be onsite to assist in handling any issues that could arise with our drop-in clients. Both of these positions, both the Motel Crew Lead and the Outreach Attendant, would be termed positions for six months, and in that term, these individuals would receive intensive case management to help them move on to their next step in traditional employment. This would allow at least four entry-level employment opportunities per year specifically for residents of the Rodeway.

Downtown Streets Team prides itself on recognizing that there is no one singular solution to homelessness. We start by getting to know the individuals we serve; helping them see their worth and grow the self-confidence that they need to commit to change, both for themselves and for their community. Rather than arranging a medical appointment and handing someone a bus pass, a DST Case Manager will help arrange an appointment, give our client a ride to their appointment, and advocate for that individual during that appointment as needed and requested. So many folks who end up in places like the Rodeway have lost trust in the system. Downtown Streets Team Case Managers rebuild this faith in the system through forthright communication, accountability and delivery of results. DST values each individual that we serve as a human being, with goals, dreams, and value within their community. We appreciate your consideration and greatly value the partnership we have established with the City of West Sacramento.
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Rodeway RFP Part 2 - Proposer’s Mandatory Qualifica:ons and Experience

1. Organization. A brief description of Proposer's background, years in business, organizational history, and client base. Briefly state Proposer's total number of employees and list all relevant licenses, specialties, and trainings held by Proposer and/or employees. List office location(s) and identify the office(s) from which services will be performed.

Downtown Streets Team (DST) has been changing perceptions, building community, and supporting people experiencing homelessness as they work towards self-sufficiency and a higher quality of life since 2005. Our organization has programs in twenty communities throughout Northern and Central California, including West Sacramento, Davis, and Sacramento. Currently, DST is serving West Sacramento with its traditional community beautification model, and also providing Case Management for the City at the recently acquired Flamingo Motel Emergency Housing Project. We welcome the opportunity to extend our unique Case Management approach to assist even more residents of the City-owned motels.

2. Experience. A brief statement of how long Proposer has been performing the services required to complete the Scope of Work. Proposer shall have a minimum of five (5) years of experience providing the services required to complete the Scope of Work to public agencies in California. If the Proposer has been in business for less than five years, the experience of its principals may be used to meet this requirement.

Over the past nineteen years, DST has developed a unique and effecQve approach to Case Management. As an agency, we have honed the expert skills to complete scopes of work such as needed in this project through vast experience contracQng with public and private agencies throughout Northern and Central California. Downtown Streets Team has assisted 1,689 individuals in becoming stably housed, 1,557 individuals in gaining stable employment lasQng over 90 days, and removed 27,362 barriers to self-sufficiency for our program parQcipants.

3. Public Agency Experience. A description of no more than ten (10) public sector projects completed within the last five (5) years that demonstrates Proposer's experience performing services to complete the Scope of Work, including a statement as to whether Proposer has experience working for the City of West Sacramento, or a public agency similar in size to the City.

Note key personnel involved in each project and if they are proposed for this Proposal and if applicable, differentiate which work was performed by subcontractor. List any contractual relationships with the City existing now or within the past five (5) years.

Downtown Streets Team currently in its fi[h year of a thriving volunteer community beauQficaQon work experience model in West Sacramento. We have similar programs both in Davis and in Sacramento. As menQoned above, our newest project in West Sacramento is Case Management at the Flamingo Motel, which has proven to be very successful in the few months we have been there.

DST has a daily presence onsite at the Flamingo, guiding residents through the collecQon of vital documents, connecQon to mental and physical health care, and building employment and leadership skills. We have developed deeply collaboraQve and valued relaQonships with not only The City of West Sacramento and the West Sacramento Police Department, but with the motel residents themselves; we have a true understanding of the unique needs of the parQcipants in the motel emergency shelter programs. We believe that our dynamic style of Case Management and our 241
preexisQng, strong professional relaQonships within the City of West Sacramento makes us the ideal service provider for this RFP.

4. Personnel. A narrative description, resume, and organizational structure chart of personnel to be assigned to complete tasks within the Scope of Work, clearly indicating where Subcontractors will be used, if applicable. The narrative description or resume shall list, at least, each individual’s title, education, relevant experience and duration, professional licenses, and demonstrated accomplishments. Identify the individual who will lead the day-to-day work effort and serve as the primary contact to the City.

DST plans to hire a FTE Project Manager (75% dedicated from the Rodeway budget, 25% from the Flamingo) and four FTE Case Managers that will be fully dedicated to this parQcular project. Three Case Managers will have dedicated caseloads of Rodeway Motel residents, and one FTE Outreach Case Manager will be onsite to handle walk-ups and providing assistance to folks who need services but are not yet parQcipaQng in the motel programs. We have also budgeted for two part-Qme Streets Team Enterprises jobs to be created from this contract. This will provide two part-Qme, entry level jobs for current residents of the motel to work as Site Assistants. These posiQons will be termed for six months with intensive Case Management, offering at least four entry-level employment opportuniQes to residents of the Rodeway each year. Also billed into this contract will be a porQon of DST’s Regional Director, Heather Mundy. Heather has been with DST for over four years and in her Qme with the agency has served both as Project Manager in West Sacramento and Senior Project Manager in Sacramento. Heather and the Project Manager will be the primary contacts to the City, with the Project Manager leading the day-to-day work efforts onsite and overseeing the Case Managers at both the Rodeway and the Flamingo. Downtown Streets Team staff in general has a reputaQon within the unhoused community of West Sacramento, parQcularly with those that are someQmes labeled as “service-resistant,” for being trustworthy, following through, and providing a safe and inspiring sense of community. We believe that this exisQng rapport will assist us in providing effecQve and change-making Case Management onsite at the Rodeway.

5. References. A list of five (5) references for whom the services required to complete the Scope of Work have been performed by Proposer within the last three (3) years. The list of references shall include name, mailing address, email address, brief description of services completed relevant to this RFP, and point of contact who can attest to the quality and effectiveness of the services.

Organization
Mailing
address
Point of
contact
Email address Project Description
Sacramento
Housing and
Redevelopm
ent Agency
(SHRA)
801 12th
Street
Sacramento,
CA 95814
Troy Lynch,
former
Program
Specialist
[email protected]
Troy oversaw our contracts
with both X St and
Meadowview Navigation
Centers from October 2021-
April 2023. Troy has moved
to a new role within SHRA
but is still available at this
email address.

Molina
Healthcare
200
Oceangate,
Ruthy
Argumedo,
Ruthy.Argumedo
@molinahealthcare.com
Ruthy oversees a privately
funded contract for 5
242
Suite 100
Long Beach,
CA 90802
Associate
Vice
President
of Growth
and
Communit
y
Engageme
nt
volunteer community
beautification Team
Members in Sacramento.

City of
Modesto
1010 10th
Street,
Modesto, CA
95354
Edgar
Garcia,
HUD
Supervisor
[email protected]
om
Edgar and his team oversee
several DST contracts over
the last few years working
on RRH, shelter and interim
housing programs.

Yolo County
500 Jefferson
Blvd, Suite 100
West
Sacramento,
CA 95605
Steven
Fielder,
Administra
tive
Services
Analyst,
CFET
Steven.Fielder@yolocou
nty.org
Steven and his team at the
county oversaw our CFET
funding in West Sacramento
from 2021-2022.

City of Davis
23 Russell Blvd
Davis, CA
95616
Dana
Bailey,
Director of
Social
Services
and
Housing
[email protected]
Dana oversees ours Yolo
County contracts in the City
of Davis, both for a
traditional DST program and
Case Management at the
daily drop-in Respite
Center.

6. History. A statement as to whether there have been any mergers, acquisitions, or sales related to Proposer's organizational structure within the last three (3) years. If so, attach an explanation providing relevant details. N/A

7. Legal Challenges. A statement as to whether there is any pending litigation against the Proposer.

If such litigation exists, attach an opinion of counsel as to whether the pending litigation will impair the Proposer's ability to perform the Contract. N/A

8. Fiscal Viability. A statement as to whether, in the last ten (10) years, the Proposer has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so, attach an explanation providing relevant details. N/A

9. Business License Registration with the Secretary of State to conduct business in the State of California. Attach a copy of a proof of registration.

Attached is proof of our registration a charitable trust with the state of CA including our RCT number. 243
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EXHIBIT B
Schedule of Performance
Contract Start Date June 1, 2024
Contract End Date May 31, 2025
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EXHIBIT C
Schedule of Fees
245
OPERATIONAL BUDGET Budget Modifications Modified Budget 6/24-6/25 Annual June 2024 - June 2025 Annual June 2025 - June 2026 Supplies-Program $ 6,000.00 $ (4,000.00) $ 2,000.00 $ 2,100.00 $ 2,205.00 Program Outreach Services $ 5,000.00 $ (5,000.00) $ - $ - $ - Team Member Event Expenses $ 5,000.00 $ - $ 5,000.00 $ 5,250.00 $ 5,512.50 Team Incentives and Training $ 5,000.00 $ - $ 5,000.00 $ 5,250.00 $ 5,512.50 Public Transportation Passes $ 6,000.00 $ - $ 6,000.00 $ 6,300.00 $ 6,615.00 Flex Fund Expenses $ 10,000.00 $ (8,000.00) $ 2,000.00 $ 2,100.00 $ 2,205.00 Supplies-Office $ 6,000.00 $ - $ 6,000.00 $ 6,300.00 $ 6,615.00 Software & Licenses $ - $ 1,500.00 $ 1,500.00 $ 1,575.00 $ 1,653.75 Subscription & Memberships $ - $ - $ - $ - $ -
Printing $ 1,000.00 $ (300.00) $ 700.00 $ 735.00 $ 771.75 Postage & Delivery $ 200.00 $ 200.00 $ 200.00 $ 210.00 $ 220.50 Transportation & Mileage $ 4,000.00 $ - $ 4,000.00 $ 4,200.00 $ 4,410.00 Telephone & Internet $ 6,000.00 $ (2,750.00) $ 3,250.00 $ 3,412.50 $ 3,583.13 Computer Expenses $ 7,500.00 $ (1,000.00) $ 6,500.00
Non-Cash Basic Needs Stipends $ 11,500.00 $ - $ 11,500.00 $ 12,075.00 $ 12,678.75 STE Workforce Development Wages
Salaries & Wages $ 35,574.00 $ (17,787.00) $ 17,787.00 $ 18,676.35 $ 19,610.17 Benefits & Associated Costs $ 6,759.06 $ (3,379.53) $ 3,379.53 $ 3,548.51 $ 3,725.93 TOTAL STE WAGES & Benefits $ 42,333.06 $ (21,166.53) $ 21,166.53 $ 22,224.86 $ 23,336.10 TOTAL OPERATIONAL COSTS $ 115,333.06 $ (40,516.53) $ 74,816.53 $ 71,732.36 $ 75,318.97

PERSONNEL COSTS
Salaries & Wages $ 315,217.50 $ (11,257.99) $ 303,959.51 $ 319,157.49 $ 335,115.36 Benefits $ 72,500.03 $ (2,589.34) $ 69,910.69 $ 73,406.22 $ 77,076.53 TOTAL PERSONNEL COSTS $ 387,717.53 $ (13,847.32) $ 373,870.20 $ 392,563.71 $ 412,191.90

INDIRECT COSTS
Overhead % 19% 0% 19% 19% 19%
TOTAL INDIRECT COSTS $ 95,579.61 $ (10,329.13) $ 85,250.48 $ 88,216.25 $ 92,627.07 GRAND TOTAL $ 598,630.20 $ (64,692.99) $ 533,937.21 $ 552,512.32 $ 580,137.94 Rodeway Motel Proposed Annual Budget

DOWHTOWH
5TRffT5• - TfAM
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CONSULTANTS
By:
______________________________
Julie Gardner, Chief Executive Officer

_______________________________
Marina Peterson, Chief Financial Officer
_______________________________
Karen Reinhold, Board Secretary
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EXHIBIT E

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

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

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

4. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract. 248
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☒ EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Construction or repair work. Select either Government Contracts or Federally Assisted Construction Contracts.

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

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

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

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invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

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

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

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

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

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

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

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D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

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

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

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

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

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

Criteria: Funding agreement (not applicable to FEMA)
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
☒ CLEAN AIR ACT
Criteria: All contracts over $150k
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution 253
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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.

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

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

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

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

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

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

8. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered 254
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transactions.
☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used 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 nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

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

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

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

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

3. Meeting contract performance requirements; or

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

Criteria: Contracts related to telecommunications or video surveillance or equipment (K) §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471."
☐ Domestic preferences for procurements
Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section:
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(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." 257

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 12
SUBJECT:

CONSIDERATION OF LEASE AND SUBLEASE AGREEMENTS WITH CLEAR

CHANNELOUTDOOR FOR GATEWAY DIGITAL BILLBOARDS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[X] Council [ ] Staff
[ ] Other
Traci Michel, Director
Economic Development and Housing
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide sufficient information for Council consideration of lease and/or sublease agreements with Clear Channel Outdoor to construct and operate gateway digital billboards on City-owned and/or controlled property located at 4761 West Capitol Avenue and 1301 South River Road (Attachment 1).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Find that the proposed Project is consistent with the General Plan 2035 land use designation for the Project site, and all potential impacts associated with buildout were anticipated by and addressed in the General Plan 2035 EIR and Subsequent SEIR prepared for the update to the General Plan 2035 Mobility Element and the Bridge District Specific Plan (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b));

2. Authorize the City Manager, or his designee, to execute a Lease Agreement with Clear Channel Outdoor for installation and operation of a digital billboard on City-owned property located at 4761 West Capitol Avenue (Attachment 3); and

3. Authorize the City Manager, or his designee, to execute a Lease and Sublease Agreements with Smart Growth Investors, LLC and Clear Channel Outdoor, respectively, for the installation and operation of a digital billboard at 1301 South River Road, under substantially the same terms as those in Attachments 2 and 3.

BACKGROUND
On April 18, 2018, the City issued a Request for Proposals to solicit the highest and best offers from digital billboard developers for four possible sites, including one owned by Smart Growth Investors, LLC (SGI), which was included with their conditional consent. On August 22, 2018, the City Council met in Closed Session to provide staff direction on the two proposals received. During that meeting, the City Council recommended the Clear Channel Outdoor (CCO) proposal and authorized staff to commence negotiations with CCO for two digital billboards to be constructed at 4761 West Capitol Avenue and 1301 South River Road. The former property is owned by the City, while the latter is owned by SGI. The City planned to lease the site owned by SGI and sublease it to CCO. Both locations are highlighted in Attachment 1 and are considered “gateways” into the City.

Negotiations took several years to complete due to a variety of factors, including COVID, a need for additional due diligence and environmental work, and refining lease terms.

ANALYSIS
A summary of the draft terms for each site is provided as Attachment 2. The terms have evolved since 2018 in an effort to maximize long-term revenue to the General Fund, provide a guaranteed minimum annual payment to the City, and incorporate new best practices in the regulatory environment under which this project will be permitted. Highlights include:
 Initial lease term of 15 years commencing upon passage of final inspection, with two additional 5-year terms thereafter, at CCO’s option.
 Minimum annual payment per site in the amount of $275,000.  Free advertising on a space available basis for each of the digital display faces for non-commercial City event and public service announcements.
 Revenue share (50/50) for billboard located on SGI property.  Estimated minimum revenue for the City is $6.3 million over the initial lease term. 258
Lease/Sublease Agreements with Clear Channel Outdoor
May 15, 2024

Page 2 ends

On August 14, 2023, the City Council met in Closed Session and approved the updated draft lease terms included in Attachment 2 and directed staff to finalize lease agreements with both CCO and SGI for future Council consideration, including completing all required environmental for the project.

The lease terms negotiated for the City-owned property are substantially the same as those required for the SGIowned property. Staff has included the Lease Agreement between the City and CCO for the City-owned property located at 4761 West Capitol Avenue (Attachment 3). If approved, staff is requesting that Council authorize the City Manager, or his designee, to execute a similar form of Lease Agreement with SGI and Sublease Agreement with CCO pursuant to the terms included in Attachments 2 and 3.

Environmental Considerations
On November 16, 2016, the City Council certified the General Plan 2035 Environmental Impact Report (EIR).

The EIR was prepared specifically to allow maximum streamlined review of subsequent projects that are found to be consistent with General Plan 2035 in terms of land use, density, etc. In January 2024, the City Council certified a Supplemental Environmental Impact Report (SEIR) prepared for an update to the General Plan 2035 Mobility Element and the Bridge District Specific Plan.

A Modified Initial Study was completed to analyze any potential impacts associated with the proposed project that would be beyond what was contained in the General Plan 2035 EIR and subsequent SEIR. Based on the analysis completed, there are no significant effects peculiar to the proposed project. Additionally, there are no significant impacts that were not analyzed or discussed in the GP 2035 EIR and Subsequent SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR and Subsequent SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)). See the Modified Initial Study (Attachment 4) and Notice of Exemption (Attachment 5) for additional information.

Commission Recommendation
Since 2018, staff has made numerous presentations to the Economic Development and Housing Commission on the solicitation process related to digital billboards in the City.

Strategic Plan Integration
The recommended item supports the Council’s 2019 Strategic Plan Goal of, “West Sacramento: Preferred place to live, work, learn, and play” by using innovative approaches to generating revenue that can support a diverse range of projects, programs and activities within the City.

Compliance with the Surplus Lands Act
Gov’t Code section 54221(a)(2) requires that land be declared either surplus land or exempt surplus land before the City Council may take any action to “dispose” of it. Gov’t Code section 54221(d)(2) states that the term “dispose” shall not mean "the entering of a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease.” Because there will be no development or demolition of the lease premises, no action needs to be taken to declare the City-owned land either surplus or exempt surplus.

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

1. Elect not to approve a Lease Agreement with CCO for the installation and operation of digital billboards at gateway locations; and/or

2. Direct staff to modify the lease terms.

Alternatives 1 and 2 are not recommended as the lease terms have been negotiated over the past several years to maximize revenues for the City. Additionally, further delays in the installation and operation of digital billboards will impact revenue generation for the City and the ability to maximize advertising opportunities for City events and public service announcements.

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

Budget/Cost Impact
No budget impacts are associated with the proposed actions. Approval of the lease and sublease agreements will generate an estimated $6.3 million in revenue for the City over the term of the leases. 259
Lease/Sublease Agreements with Clear Channel Outdoor
May 15, 2024

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ATTACHMENTS

1. Location Map

2. Lease Terms Summary Matrix

3. Lease Agreement for West Gateway Location

4. Modified Initial Study

5. Notice of Exemption
260
Location Map
Attachment 1
261
Attachment 2
Lease Term Summary Matrix
East Gateway Location West Gateway Location
Property Owner: Smart Growth Investors Property Owner: City Location: Portion of 1301 South River Road Location: 4761 West Capitol Avenue Lease Sublease Lease
Parties: Smart Growth
Investors (SGI)
City
Parties: City
Clear Channel Outdoor (CCO)
Parties: City
CCO
Lease
Term:
15-year lease term,
two five-year option
terms thereafter, at
City option
Lease Term: 15-year lease term, two five-year option
terms thereafter, at CCO option
Lease Term: 15-year lease term, two five-year option
terms thereafter, at CCO option
Annual
payment
to SGI:
 50% of annual
fee paid to City
by CCO
 50% one-time
signing bonus
Annual
payment to
City:
 Minimum Annual Guarantee (MAG):
$275,000
 One-time signing bonus: $100,000
 Annual fee resets every 5 years to the
greater of the previous MAG or 30% of
the average annual net revenues of the
trailing 5-year period (this means that
the MAG could stay the same, but
never decrease)
Annual
payment to
City:
 MAG: $275,000
 One-time signing bonus: $100,000
 Annual fee resets every 5 years to the
greater of the previous MAG or 30% of
the average annual net revenues of
the trailing 5-year period (this means
that the MAG could stay the same, but
never decrease)
Advertisement
Time:
 Free advertising time for City on space
available basis on each of the digital
display faces to promote civic and
economic development interests of the
City
 Advertising time for SGI contingent on
separate agreement between SGI and
CCO
Advertisement
Time:

Free advertising time on a space available
basis on each of the digital display faces to
promote civic and economic development
interests of the City
Non-Compete
Clause:

City to control number of digitals in the City,
allowing CCO the ability to escalate the
MAG without risk of market decline due to
competition driving down the sales (or slot)
rate of advertisements
Non-Compete
Clause:

City to control number of digitals in the
City, allowing CCO the ability to escalate
the MAG without risk of market decline due
to competition driving down the sales (or
slot) rate of advertisements
Force Majeure
Event:

If performance of any act required by this
lease performed by either City or CCO is
prevented or delayed because of Force
Majeure Event, then time for performance
will be extended for a period equivalent to
the period of the delay, and performance of
the act during the period of delay will be
excused
Force Majeure
Event:

If performance of any act required by this
lease performed by either City or CCO is
prevented or delayed because of Force
Majeure Event, then time for performance
will be extended for a period equivalent to
the period of the delay, and performance
of the act during the period of delay will be
excused
262
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Attachment 3

CLEAR CHANNEL OUTDOOR LEASE AGREEMENT
This Clear Channel Outdoor Lease Agreement (“Lease”) dated as of the last of the signature dates below ("Effective Date"), is between the City of West Sacramento, a California municipal corporation (“Lessor” or “City”), and Clear Channel Outdoor, LLC, a Delaware limited liability company ("Lessee"). Lessor and Lessee are sometimes hereinafter referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. Lessor owns certain real property located at 4761 West Capitol Avenue, City of West Sacramento, County of Yolo, California, identified as APN No. 067-010-026, as legally described in Exhibit A, attached hereto and incorporated herein (the “Property”). Subject to the terms and conditions contained herein, Lessor leases to Lessee a portion of the Property for overhead use, of the Message Display (as defined in Section 4.2 herein) in the area legally described in Exhibit A-1, and a portion of the Property for a Sign Structure (as defined in Section

4.2 herein), in the area legally described in Exhibit A-2, both depicted in the areas shown in Exhibit B, all attached hereto and incorporated herein (collectively, the “Premises”).

B. Lessee desires to install, operate, maintain and repair a two-sided LED electronic billboard with Message Display and Sign Structure (as those terms are defined herein) for general advertising and related equipment (a "Digital Billboard") in the described Premises and to construct certain improvements within the Premises according to plans and specifications substantially in the form of those attached hereto and incorporated herein as Exhibit C.

C. Lessor is willing to grant Lessee a Lease to use the Premises for the purposes stated in this Agreement subject to the requirements of this Agreement, as well as grant Lessee certain easements over the Property for visibility, access, utilities, construction and maintenance of the Digital Billboard and related facilities, as described herein.

D. The City is willing to consider approval of the entitlements for the Digital Billboard upon the terms represented in this Agreement and in accordance with the City’s Municipal Code.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged, and in consideration of the mutual covenants and promises set forth in this Agreement, the Parties hereby agree as follows:

AGREEMENT

1. Lease of Premises. The City hereby leases the Premises to Lessee, and Lessee hereby leases the Premises from City, upon the covenants, terms, and conditions set forth in this Lease.

2. Term.

2.1 Initial Term. The initial term (“Initial Term”) of this Lease shall consists of two phases:
a. The "Pre-Operations Phase," which begins on the Effective Date and ends on the earlier of (a) the first day of the month after the Digital Billboard is fully constructed and permitted (with no appeals having been filed) capable, legally and functionally, of displaying digital advertising and connected to a permanent power supply, or (b) one (1) year after the 263
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Effective Date. If the Digital Billboard is not constructed by the end of the Pre-Operations Phase, Lessee may either terminate this Lease or commence paying Rent. b. The "Operations Phase," which begins when the Pre-Operations Phase ends and ends fifteen (15) years after the Effective Date, as may be extended by any Extension Terms.

2.2 Extension Terms. At the end of the Initial Term, Lessee shall have the option to extend the Term of the Lease for a period of five (5) years, in accordance with the terms set forth below (such extension period, the “First Extended Term”). At the end of the First Extended Term, Lessee shall have an additional option to extend the Term of the Lease for an additional period of five (5) years (such second extension period, the “Second Extended Term” and, together with the First Extended Term, collectively, the “Extended Term”). The Initial Term and the Extended Term are hereinafter collectively referred to as the “Term.” Notwithstanding anything herein to the contrary and for the purposes of clarification, if Lessee exercises both options, the Extended Term will be for an aggregate period of ten (10) years following the Initial Term. Each Extended Term will be subject to each of the following at the time Lessee exercises such option: (a) there being no applicable law prohibiting such extension; and (b) no default by Lessee then exists under the Lease beyond applicable notice and cure periods. Lessee shall exercise such option no earlier than nine (9) months and no later than three (3) months prior to the expiration of the Initial Term or First Extended Term, as applicable. The Extended Term shall be upon the same terms of this Lease, as adjusted by the rental provisions set forth in Section 3.

2.3 Expiration of Agreement; Holding Over. This Agreement will expire at the end of the Initial Term, or Extension Term, as applicable. If Lessee holds over on the Premises after the expiration of the Initial Term or any Extension Term (if exercised) with the consent of City, such holding over will be construed to be only a tenancy from month to month, subject to all the covenants, conditions and obligations contained in this Lease that applied at the expiration of the Initial Term or any Extension Term (if exercised). If Lessee does hold over on the Premises with consent of the City after the Initial Term or any Extension Term (if exercised), then Lessee agrees to pay City as monthly rental an amount which is equal to 1/12th of the Annual Rent paid by Lessee to City during the last year of the Lease escalated by three percent (3%).

3. Rent and Payments.

3.1 Signing Bonus. On the Effective Date, Lessee shall pay Lessor a signing bonus in the amount of $100,000 as consideration for entering into this Agreement.

3.2 Annual Rent. Beginning on the first day of the Operations Phase (the “Rent Commencement Date”), and each year thereafter, Lessee shall pay the City annual rent in the initial amount of Two Hundred Seventy-Five Thousand Dollars ($275,000) (the “Annual Rent”) per year annually, payable in advance in equal monthly installments in accordance with the terms set forth in this Section 3. Annual Rent, along with any other payments due under this Lease is defined herein as “Rent.”

3.3 Rent Increases. On each fifth (5th) year anniversary of the Rent Commencement Date, the Annual Rent shall adjust to the greater of: (a) the previous year’s Annual Rent, or (b) thirty percent (30%) of Lessee’s average Annual Net Revenues (as defined below) generated from the Digital Billboard over the previous 5-year term. [By way of example only, if the Annual Net Revenues for the previous 5-year term were $500,000, $600,000, $700,000, $800,000, and $1 Million, respectively, the 5-year average would be $720,000, and when multiplied by 30% = 264
2394262.24 7203.553 3
$216,000, resulting in the new Annual Rent remaining at $275,000 over the next five-year period.

Alternatively, if the Annual Net Revenues for the previous 5-year term were $800,000, $1 Million, $1.1 Million, $1.2 Million, and $1.3 Million, respectively, the 5-year average would be $1,080,000, and when multiplied by 30% = $324,000, resulting in a new Annual Rent of $324,0000 over the next five-year period.]
"Annual Net Revenue" means the difference between the Gross Revenue (as defined below) that Lessee actually receives in a Lease year and any commissions or fees that Lessee actually pays to a bona fide independent advertising agency (i.e., an agency that is not owned or co-owned-by Lessee or otherwise affiliated with Lessee) in connection with messages displayed on the Digital Billboard. The amount of such a commission or fee may not exceed 16 2/3% of the revenue to which it relates. For the purposes hereof, any income described in this definition will not include the value of any in-kind usage of the Billboard by the City pursuant to Section 5.7.
"Gross Revenue" means all revenue Lessee actually derived from the Digital Billboard, including revenue from the display of messages and revenue from non-advertising uses of the Digital Billboard, including but not limited to, any rental Lessee receives-from a telecommunications company that uses the Digital Billboard as a cell site or cell tower.

3.4 Manner of Payment. The Annual Rent is due and payable on a monthly basis, commencing on the Rent Commencement Date, and continuing thereafter on the first day of each month without notice, demand, offset or deduction (the “Monthly Rent”). Lessee shall remit the Monthly Rent to City at the address designated in the Section 16 Notice provision below, or at such other address as City may designate from time to time in writing to Lessee for the payment of Annual Rent. For any portion of the Term that is less than a full calendar month, the Monthly Rent shall be prorated based on the number of days in the Term occurring during such calendar month and actual number of days in such calendar month.

3.5 Reports. Lessee shall furnish to City an annual statement of Annual Net Revenue within thirty (30) days after the end of each Lease Year. Such statement shall be in the form attached as Exhibit D hereto. Each statement shall be signed and certified to be correct by a duly authorized officer of Lessee. Lessee shall keep and make available at its local office at 830 Riverside Parkway Suite 20, West Sacramento, California 95605, complete and materially accurate books of account, records, cash receipts and other pertinent data, in accordance with good accounting practices and in a form approved by City, showing the Annual Net Revenue, including without limitation, materially accurate records of every sale and other transaction made for any advertising display on the Digital Billboard and any commissions paid by Lessee pursuant to this Agreement. Such books of account, records, cash receipts and other pertinent data shall be kept for a period of no less than seven (7) years after the end of each Lease year or consistent with Lessee’s record keeping policies, if different. The receipt by City of any statement, or any payment of Annual Rent for any period, will not bind City as to the correctness of the statement or payment.

3.6 Inspection and Audit. City, at its sole option, will be entitled to inspect, examine, copy and audit Lessee's advertising contracts and other records directly related to the accurate determination of Annual Rent and Annual Net Revenue once each year for the prior five (5) years during the Term and during normal business hours and with fifteen (15) business days’ prior written notice to Lessee. Lessee shall cooperate fully with City and City's agents in making the examination. City, at its option, will also be entitled once during each Lease year and once after the expiration or other termination of this Lease, to cause an independent audit of such records 265
2394262.24 7203.553 4
for the prior five (5) years to be performed by a certified public accountant designated by City, provided such accountant is not paid on a contingency fee basis. The audit will be conducted during usual business hours at Lessee’s office located at 830 Riverside Parkway Suite 20, West Sacramento, California 95605, unless another location is mutually agreed upon. If the audit shows that there is a deficiency in the calculation or payment of the Annual Net Revenue and Annual Rent, then Lessee shall promptly upon written notice pay the undisputed deficiency to City which payment will be required to pay any associated penalties or other late fees. City will pay the costs of the audit unless the audit shows that Lessee understated Annual Net Revenue by more than two percent (2%), in which case Lessee shall pay all of City’s reasonable costs of the inspection or audit as additional Rent upon written demand.

3.7 Late Charges. If Lessee fails to pay any installment of Monthly Rent within ten (10) business days after the same is due and payable, such unpaid amount will be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance. The late payment charge has been agreed upon by City and Lessee, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that City will incur as a result of any such failure by Lessee, the actual costs thereof being extremely difficult—if not impossible—to determine. The late payment charge constitutes liquidated damages to compensate City for its damages resulting from such failure to pay, and Lessee shall promptly pay such charge to City together with any unpaid interest.

3.8 Default Interest. If any Monthly Rent is not paid within ten (10) business days following the due date, such unpaid amount will bear simple interest at the rate of 10% per year or the maximum permitted by law, whichever is lower (“Default Rate”) from the due date until paid. However, interest will not be payable on late charges incurred by Lessee, nor on any amounts on which late charges are paid by Lessee to the extent this interest would cause the total interest to be in excess of that which an individual is lawfully permitted to charge. Payment of interest will not excuse or cure any default by Lessee.

3.9 Application of Payments. All payments received by City from Lessee will be applied to the oldest obligation owed by Lessee to City. No designation by Lessee, either in a separate writing, on a check or money order, or otherwise will modify this Section 3.9 or have any force or effect.

4. Use of the Premises.

4.1 Condition of the Premises. The Premises and all improvements thereon, are being leased to Lessee in its current, existing, “AS IS” condition. City makes no representations or warranties of any kind, express or implied, written or oral, about any of the following: the physical condition of the Premises; the suitability of the Premises for Lessee’s anticipated use; any limitations on Lessee’s use of the Premises, including limitations arising from zoning laws, environmental laws, or other laws, regulations, or governmental requirements; the costs of conducting Lessee’s business on the Premises; or the condition of the Premises, soils or ground waters of the Premises. By taking possession of the Premises, Lessee accepts the Premises “AS IS” and acknowledges that the Premises are satisfactory for Lessee’s purposes. Lessee has ascertained the condition of the Premises through its own independent investigation and has relied solely on that independent investigation when entering into this Agreement.

4.2 Permitted Uses. The Premises is to be used the purpose of erecting, maintaining, operating (whether physically on-premise or via remotely changeable off-premise technology), improving, supplementing, posting, painting, illuminating, repairing, repositioning and/or removing 266
2394262.24 7203.553 5
one Digital Billboard including, without limitation, a two-sided LED electronic sign panel used for general commercial advertising (the “Message Display”), and the portion of the Digital Billboard other than the Message Display, including customary wireless communications equipment, fixture connections, electrical supply and connections, and any related ancillary equipment and accessories as Lessee may require for use for a Digital Billboard (the “Sign Structure”), and a City Sign.

4.3 Subletting. Subject to the City’s sole and absolute discretion and written approval as Property owner, as well as the regulator through any generally applicable permit process, Lessee may sublease the Premises for telecommunications facilities on the Sign Structure with any such revenue considered part of Annual Net Revenues. Such telecommunications facilities shall be “stealth;” not affect the aesthetic or structural integrity of the Digital Billboard in the City’s discretion; and not interfere with the City’s Telecommunications Facilities as described in Section

4.6(a). Lessee shall as promptly as practicable following written notice from the City immediately remove any facilities that interfere with the City’s Telecommunication Facilities, as determined by the City.

4.4 Prohibited Uses.
a. Hazardous Substances. Lessee shall not knowingly use, handle, store, transport, generate, release, or dispose of any Hazardous Substances on, under, or about the Premises, except as follows: Lessee may use Hazardous Substances that Lessee needs to install, operate, maintain, repair, improve, reposition, or remove the Digital Billboard in accordance with this Agreement if the City has consented in writing before the Hazardous Substances are brought on the Premises. Within 10 days after receiving the City's written request, Lessee shall disclose, in writing, all Hazardous Substances then being used on the Premises. b. Unlawful Activities. Lessee may not use or permit the Premises to be used in any way that violates this Lease or any valid and applicable statute, ordinance, regulation, rule, or order of any federal, state, or local governmental entity (including City). Lessee may not maintain or commit, or permit the maintenance or commission of, any public or private nuisance as defined by any law applicable to the Premises. Lessee hereby waives any rights to compensation it may have if a court finds that the Digital Billboard constitutes a public or private nuisance under any valid and applicable federal, state, or local law and for that reason orders Lessee to remove or modify the Digital Billboard or to limit the operation of the Digital Billboard. c. Encumbrances. Lessee may not encumber the Premises or any part of6.3.3 the Premises or the Digital Billboard or any part of the Digital Billboard, for any purpose, without City’s prior written consent, which City may withhold for any reason. Lessee shall keep the Premises and the Digital Billboard free of all liens and other encumbrances other than those, if any, to which City consents.
d. Mechanics Liens. Lessee shall not subject the Property to any mechanics lien or any other lien whatsoever caused by Lessee's installation of the Digital Billboard. If any mechanics lien or other lien, charge or order for payment of money will be or is filed as a result of Lessee's installation of the Digital Billboard, Lessee shall cause such lien, charge or order for payment of money to be discharged or appropriately bonded or otherwise secured with sixty (60) days after Lessee’s receipt of written notice thereof from Lessor or any other party. If Lessee fails to cause the lien or encumbrance to be discharged or bonded as required by this paragraph, then Lessor will be entitled, but not obligated, to bond the same and add the actual cost thereof to all 267
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Rent payable herein. Lessee will indemnify and hold Lessor harmless from any and all liabilities and costs to the extent resulting from Lessee’s failure to timely secure the same.

4.5 Unobstructed Use.
a. The City shall not allow either of the following (each, an "Obstruction"):
(i) On the Premises: any structure, tree, or vegetation that obstructs the view of the Digital Billboard Message Display from Interstate 80. (ii) On any City-owned or City-controlled real property in the immediate vicinity of the Premises: any structure, tree, or vegetation that is within 1,000 feet of the Digital Billboard and obstructs the view of the Message Display from Interstate 80. b. If Lessee notifies the City in writing that an Obstruction exists, then the City shall remove or remedy the Obstruction at its own cost within 15 days after receiving the notice.

If the City fails to remove the Obstruction within 15 days after receiving the notice, then Lessee may remove the Obstruction at the City's expense after coordinating with the appropriate department of the City.

Lessee acknowledges that the City has no control over digital or other signs used by Caltrans used for construction notifications, and that the City shall not be responsible for removing or causing to remove any Caltrans displays or signs.

4.6 Reservation for City Facility Use.
a. Telecommunications Facilities. City reserves the right to access and install on the Premises infrastructure and related equipment for telecommunications, surveillance or other video equipment that the City deems necessary for the public health, safety and welfare (“City’s Telecommunications Facilities”) provided that the City’s Telecommunications Facilities shall not interfere with, hinder or in any way affect the operation, use and maintenance of the Premises or the Digital Billboard by Lessee. Any request by City to install City’s Telecommunications Facilities on Lessee’s Digital Billboard shall be approved by Lessee in Lessee’s sole and reasonable discretion, and the request shall be accompanied by detailed engineering plans and technical drawings for such City’s Telecommunications Facilities, and any installation of such City’s Telecommunications Facilities shall be done by Lessee or under Lessee’s supervision at City’s cost, and shall be covered by City’s liability insurance naming Lessee as an additional insured. Other than in the case of emergency, Lessee shall provide notice at least five (5) business days in advance of any work or any temporary interference to the City’s Telecommunications Facilities in accordance with Section 16. If Lessee approves of City’s Telecommunication Facilities located on or about the Premises, City shall not perform any work on the Premises that would create any interference in the operation of the Digital Billboard unless Lessee has approved the same in writing, and in any event, any such work shall be performed at such hours to minimize the impact on Lessee’s operation of the Digital Billboard, as directed by Lessee.
b. Nonexclusive Utility Easements. The City reserves the right for itself and others in the future to establish nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction) over, under, through or on the Premises in locations that will not unreasonably interfere with Lessee’s use of the Premises 268
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as contemplated by this Lease. Lessee will not be required to maintain or repair the utility easements unless Lessee has caused the need to repair.
c. Costs. City agrees that if City does install the City’s Telecommunications Facilities on the Premises, then City will be responsible for all design, permits and other approvals as well as all construction and maintenance of the City’s Telecommunications Facilities. In connection with the design, construction and operation of the City’s Telecommunications Facilities, City agrees to indemnify, protect, defend, and hold harmless Lessee and its officers, employees, agents, and representatives and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Term as a direct result of the City’s Telecommunications Facilities.

4.7 Use of City Adjacent Property. The City agrees to not permit any neighboring property owned or controlled by the City to be used for off-premise advertising.

4.8 City Noncompete. The Parties expressly acknowledge and agree that the terms of this Lease are dependent on and reflective of the fact that the City has not contracted for, or approved, any other outdoor advertising structures capable of displaying digital advertising in and around the subject Property. Thus, in further consideration of the rights and benefits granted under this Lease, including the compensation to be paid to Lessor as set forth in Sections 3.2 and

3.3 herein, the City agrees not to enter into any other lease, license, sub-lease, sub-license contract, or similar agreement for the erection, installation, operation, maintenance of any outdoor advertising structures capable of digitally displaying content to be located within a two thousand five hundred (2,500) feet radius of the Sign Structure for the Term.

4.9 Easements and Rights Over City Property.
a. Access Rights. Lessee shall have reasonably necessary rights of access over the Property in areas designated by the City, for ingress and egress, for the construction, repair, maintenance and operation of the Digital Billboard, City Sign, and related utilities.
b. Utility Easement. Lessee shall be granted a utility easement for the placement of underground utilities in connection with the use of the Digital Billboard from the point of connection of the PG&E Pole adjacent to the Digital Billboard. Lessee shall remove or relocate, without expense to the City, any utilities installed, used, and maintained under this Lease if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct, by the City. c. Temporary Construction Easement. Lessee shall have a temporary construction easement over the Property in areas designated by the City, for the staging of construction materials and equipment in connection with the original construction of the Digital Billboard, City Sign, and related utilities.

5. Advertising Rights.

5.1 Commercial Advertising. During the Term, Lessee will have the exclusive right to enter into agreements for advertising on the Digital Billboard, subject to the terms of this Section

5. The Parties acknowledge that the Digital Billboard is not intended to provide a general public 269
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forum for purposes of communication, but rather to make use of Property held by the City in a proprietary capacity in order to generate revenue. Except for any advertising or messages displayed on the Digital Billboard at the request of the City as provided for in this Agreement, all advertising to be displayed on the Digital Billboard shall be strictly “commercial advertising.” As used in this Agreement, “commercial advertising” means advertising for a commercial or industry business, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose.

5.2 Prohibited Advertising. In addition to the general limitation on Digital Billboard advertising to strictly commercial advertising, Lessee may not display any message that:
a. is inherently false, misleading, deceptive or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading); b. promotes the sale or use of firearms, tobacco products, whether directly or indirectly;
c. promotes the sale or use of alcoholic beverages directed to minors in any manner;
d. promotes adult entertainment, products, conventions, events, or websites;
e. depicts violence or anti-social behavior or relates to illegal activity; f. holds a person or group of persons up to public ridicule, derision, or embarrassment, or defames a person or group of persons; g. contains “obscene matter,” as that term is defined in local, California or federal law, including but not limited to any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency or any other matter or thing of an obscene, indecent or immoral character;
h. contains any “political advertising,” which means advertising that promotes or opposes any candidate for public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action;
i. contains language that is obscene, vulgar, profane, or scatological, or presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order; or
j. promotes any product, service or activity illegal under federal, state, or local law.

5.3 Removal of Advertising. Lessor further reserves the right to object to and prohibit any other advertising that may be considered detrimental to the image of the City. In such case, Lessor shall inform Lessee in writing of the offensive advertising and request that it be removed.

Lessee shall cooperate with Lessor in ensuring the removal of such other advertising when such removal does not breach any existing contract or Lease agreement held by Lessee. Lessee shall, 270
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within 48 hours after written demand from City, at Lessee’s risk and expense, remove any advertising material or message that does not comply with the advertising criteria set forth in this section, and which is not being disputed by Lessee.

5.4 Amber Alerts and Public-Service Messages. At no cost to the City, Lessee shall make the Message Display available to Caltrans for the purpose of displaying "Amber Alert" messages in accordance with state and federal law. In addition, Lessee shall make the Message Display available to Caltrans; to the City, and to other government agencies without cost; on a time-available basis determined by Lessee, for the purpose of displaying public-service messages (e.g., reports of commute times, drunk-driving-awareness messages, reports of serious accidents, emergency-disaster communications).

5.5 City Sign. At no cost to the City, on each side of the Sign Structure, Lessee shall install, operate, maintain, and repair a fixed panel sign identifying the City of West Sacramento, which sign shall face the same direction as a Message Display area on the Digital Billboard (the “City Sign”). The size and design of the City sign shall be prepared in coordination with, and approved by, the City.

5.6 Local Businesses. Lessee agrees to ensure that businesses or organizations located within the City or residents of the City will be able to purchase advertising on the Digital Billboard in such manner and at such rates as offered to businesses, organizations or persons located or residing outside of the City.

6. City Messages. Lessee, at no additional cost to the City, agrees to post messages (each, a “City Message”) on the Digital Billboard for the benefit of the City on a space-available basis in accordance with the following:
(a) City Messages may be used by the City only for the purpose of displaying the City’s own non-commercial messages, which may include such matters as events sponsored by the City or located in the City. Each City Message must meet Lessee’s graphics-arts standards previously delivered to the City, and as may be updated by Lessee, at no cost to Lessee. When the City proposes to display a City Message, the City must submit “camera ready art” utilizing formats and protocols acceptable to Lessee from time to time, or pay production costs. The City shall supply proposed advertising copy ten (10) business days prior to the posting date. Lessee, in its sole discretion, may approve, disapprove, or remove copy contained in any such City Message if such message does not comport with Lessee’s standard advertising policies and Lessee’s other reasonable standards. City Messages shall not be assignable to any third party. (b) If at any time in the future, Lessee removes the Message Display from the Sign Structure or is unable to operate the Message Display, for any reason, the City Message commitment in this section shall be automatically terminated and rendered null and void. Lessee will then be under no obligation whatsoever to provide the City with any type of free advertising space. The City Message commitment shall however remain in place any time that Lessee operates the Sign Structure with Message Display.
(c) All proposed City copy shall be subject to Lessee’s standard advertising copy rejection and removal policies, which allow Lessee to approve or disapprove copy and remove copy once posted or displayed. City represents and warrants that all copy, content and materials supplied by City to Lessee for display under this Lease: (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity; (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by 271
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which City and/or Lessee may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are accurate and that all claims contained therein have been substantiated; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. Any content provided by City shall be owned by, and belong exclusively to, the City, and Lessee shall not reproduce, sell, or give away any such content without the advance written consent of the City. It is expressly understood and agreed that, absent written approval from Lessee, City Messages shall not include any names, logos or marks associated with any third-party non-governmental person or entity, or any products or services associated with any third-party non-governmental person or entity; provided, however, that the City may use logos of its partners on some City event (e.g. Chamber of Commerce, Yolo County Health, Children’s Alliance, etc. ) subject to approval by Lessee in its reasonable discretion. (d) City hereby represents and warrants to Lessee that no portion of any advertising copy provided to Lessee by, or on behalf of, the City in connection with the City Messages does, or will, infringe or violate the rights, including, but not limited to, copyright, trademark, trade secret or any similar right, of any third party. The City shall, and hereby does agree to, indemnify, defend and hold harmless Lessee for, from and against, any claims, costs (including, but not limited to, court costs and reasonable attorneys’ fees), losses, actions or liabilities arising from or in connection with any third party allegation that any portion of any City Message infringes or violates the rights, including, but not limited to, copyright, trademark, trade secret or any similar right, of any third party. This indemnity shall not include Lessee’s lost profits or consequential damages or any similar right, of any third party.

7. Installation and Operation of Digital Billboard. Lessee shall install and operate the Digital Billboard on the Premises in accordance with this Section 7 and consistent with all other terms of this Lease, all at no cost to the City.

7.1 Plans and Specifications. At no cost to the City, Lessee shall prepare complete plans and specifications for the Digital Billboard, working closely with the City to develop plans and specifications that are mutually acceptable (the "Plans"). Lessee shall submit the Plans to the City for final approval, which the City shall not unreasonably withhold, condition or delay. The Digital Billboard shall be designed to comply with all applicable state, county, and City codes and regulations.

7.2 Caltrans Permits. As soon as practicable after the Effective Date, Lessee shall engage in discussions with Caltrans for all Caltrans permits and the City shall cooperate with Lessee in that effort, all at no cost to the City. All Caltrans permits are to be obtained and secured for Lessee's sole benefit and are to be issued in Lessee's name or, if that is not possible, in the City's name on Lessee's behalf and for Lessee's sole benefit, Lessee shall perform all obligations under the Caltrans Permits at no cost to the City. Lessee is responsible for ensuring that the Digital Billboard complies with all requirements of California’s Outdoor Advertising Act and Regulations if Caltrans determines that the Premises fall within the scope of such law.

7.3 City Permits. Prior to starting construction, Lessee shall apply for all City permits for the Digital Billboard. City will diligently process Lessee’s applications for the City permits. This Agreement does not commit the City in advance to approve City permits, and this Agreement does not constrain City’s discretion, acting as a government, with respect to City permits specifically or to the Digital Billboard generally, and nothing contained herein will be construed to mean that City is agreeing or has agreed to exercise its discretionary authority in support of any approvals or entitlements that may be required to construct the Digital Billboard. Moreover, this 272
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Agreement shall not limit the scope or affect the discretion of City to review CEQA documents and impose mitigation measures, alter a project, or deny a project in consideration of adverse environmental impacts.

7.4 Construction and Installation. All of Lessee’s construction and installation work shall be performed at Lessee’s sole cost and expense, and in a good and workmanlike manner that shall not unreasonably interfere in any manner with Lessor’s use of the rest of the Property.

Lessee shall begin installing the Digital Billboard as soon as practicable after the Effective Date and shall diligently pursue installation to completion without unnecessary interruption. COO will be excused, however, for any delays in beginning or completing installations that are caused by a Force Majeure Event as defined in Section 16. Lessee shall use reasonable diligence to avoid such delays and to resume work as promptly as possible after such a delay.

7.5 Prevailing Wage. The parties agree that any “construction, alteration, demolition, installation, or repair work” (“Improvement Work”) shall comply with applicable prevailing wage policies as set forth in California Labor Code section 1720 et seq., any applicable federal law and applicable regulations thereto (“Prevailing Wage Laws”), and that Lessee shall comply with such laws in connection with its Improvement Work in connection with the Digital Billboard. Lessee shall defend, indemnify and hold harmless City and its officers, officials, employees, volunteers and agents from any claims arising out of or in any way connected to Lessee’s obligations regarding compliance with Prevailing Wage Laws.

7.6 Ownership. Lessee will be the owner of the Digital Billboard and all permits and authorizations that relate to it, including the City Permits and the Caltrans Permits. Title to Lessee’s facilities and any equipment placed on the Premises by Lessee shall be held by Lessee.

All of Lessee’s facilities shall remain the property of Lessee and are not fixtures.

7.1 Security Fences. Before beginning installation of the Digital Billboard, Lessee shall enclose a temporary security fence around the Premises for construction of the Digital Billboard.

Lessee shall maintain the temporary security fence until Lessee replaces it with a permanent security fence that surrounds the Premises. Lessee shall install the permanent security fence around the Digital Billboard at the beginning of the Operations Phase and maintain that fence until the end of the Term. Lessee shall install and maintain the temporary and permanent fences at no cost to the City and shall consult with the City on each fence’s location and design to ensure that such fences are consistent with the aesthetic integrity of the Digital Billboard and the Property.

7.2 7.3 Maintenance. At no cost to the City, Lessee shall maintain the Premises and the Digital Billboard and Sign Structure in accordance with the customary standards of the outdooradvertising industry. Lessee's maintenance obligation under this Section 7.8 includes the obligation to remove as promptly as practicable any graffiti from the Premises and the Digital Billboard. Lessee's obligation to improve the Digital Billboard under this Section 7.8 includes the obligation to replace the entire Message Display every ten years or such longer time period as Lessee shall determine in its reasonable discretion. Lessee shall be obligated to maintain the appearance of the Premises and the Digital Billboard in reasonably good visual condition and shall not allow visible forms of decay or deterioration on the Premises or Digital Billboard or Sign Structure, including, but not limited to, rust, decay, weeds, or abandoned or broken equipment to be visible from the Property or immediately surrounding property. Lessee may trim any trees and vegetation currently on the Property as often as Lessee in its sole and reasonable discretion deems appropriate to prevent obstructions. Lessee shall as promptly as practicable, and at its 273
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sole expense, repair any and all damage to the Premises and the Digital Billboard which results in visible destruction to same. The City is not obligated to maintain the Premises or to maintain or repair the Digital Billboard. If, however, Lessee does not maintain the Premises, then the City may notify Lessee in accordance with Section 17 herein that the City will perform the maintenance described in the notice if Lessee does not begin to do so within fifteen (15) business days. If Lessee does not begin to perform the needed maintenance within fifteen (15) business days after the notice is given, then the City may perform the maintenance described in the notice, and Lessee shall reimburse the City's costs.

7.4 Utilities. At no cost to the City, Lessee shall provide and pay for all utility connections, utility equipment, and utility service required to construct, operate, maintain, repair, improve, or reposition the Digital Billboard throughout the Term (provided that City will pay for all such costs and expenses in connection with the construction and operation of the City’s Telecommunication Facilities, if applicable). To the extent feasible, utilities serving Lessee’s facilities shall be separately metered and billed, and Lessee shall be solely responsible for and fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee’s facilities. Lessor shall not be responsible for any such charges, and if Lessor is required to pay any such charges, they shall be added to the Rent payable herein.

Lessee may install utilities on the Premises and/or to improve the present utilities on the Premises upon written approval of Lessor, such approval not to be unreasonably withheld, conditioned or delayed, and Lessee obtaining any necessary City permits. Lessee shall coordinate with City and the applicable utility companies for utility tie-ins and electrical power sources that Lessee may need to construct and operate the Digital Billboard.

7.5 Right of Entry. Lessee shall permit City or its authorized agent to enter into and upon the Premises during normal business hours, subject to a twenty-four hour (24-hour) written notice, for the following purposes: routine inspection, maintaining the Property, installing protective or conservation devices and for showing the Property to prospective purchasers and/or tenants. City reserves its right, without notice, to enter the Premises in case of emergency or to prevent imminent harm to persons or property.

8. Compliance with Laws. During the Term and while removing the Digital Billboard after the Term in accordance with Section 9, Lessee shall, at Lessee’s sole cost and expense, comply with and faithfully observe, all laws and the requirements of all municipal, state and federal authorities and appropriate departments, commissions, boards and officers thereof now in force or which may hereafter be in force pertaining to the development, construction, use or operation of the Premises (including the Digital Billboard and all improvements located thereon). Lessee shall promptly correct, at Lessee’s sole expense (including, without limitation, payment of any fines or penalties), any noncompliance with such laws.

9. Removal of Digital Billboard. At the expiration or earlier termination of this Agreement, Lessee shall remove the above-ground portions of the Digital Billboard, including Message Display, Sign Structure, and other improvements installed by Lessee from the Premises and restore the Premises to its condition immediately prior to the date that City delivered control of the Premises to Lessee (reasonable wear and tear excepted), unless the City waives Lessee’s removal obligation in writing following Lessee’s request. Lessee shall have the right, if not the obligation, to remove the Digital Billboard as permitted by the Lease terms. Lessee shall cause the removal as required under this Section 9 within one hundred twenty (120) days from the end of the Term or from the date of early termination, as applicable, subject to receipt of all requisite permits, and shall pay Monthly Rent until the removal is complete. Notwithstanding anything to 274
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the contrary set forth in this Lease, Lessee shall have no obligation to remove the below-ground elements of the Sign Structure from the Premises. City and Lessee acknowledge and agree that Lessee shall be the exclusive owner and operator of the Digital Billboard, and that all equipment comprising the Digital Billboard shall remain the personal property of Lessee and shall not become fixtures of the Property and City shall have no right, title or interest in the Digital Billboard or any component of the Digital Billboard, notwithstanding the manner in which the Digital Billboard is or may be physically attached, mounted or adhered to the Property.

10. Events of Default; Early Termination Rights; Reduction in Annual Rent.

10.1 Default by Lessee. Without prejudice to its other remedies at law or in equity, the City may terminate this Lease, at any time and in its sole discretion, effective 30 days after the City gives Lessee written notice of termination, if any of the following circumstances occurs:
a. Lessee breaches its obligation to pay Annual Rent when due and does not cure the breach within ten (10) business days after the City serves Lessee with a written notice of breach.
b. Lessee breaches its obligation to perform in accordance with any material provision of this Lease other than the obligations set forth in Sections 10.1(a), (c), (d), (e), and (f) and: (1) does not cure the breach within 30 days after the City serves it with a written notice of breach or, if the breach cannot reasonably be cured within 30 days, (2) does not begin work on a cure within 30 days after the City serves it with a written notice of breach and diligently pursue the cure to completion as promptly as practicable after work begins but no longer than one hundred eighty (180) days. The express designation in this Lease of a provision as "material”' does not imply that other provisions are not material.
c. Lessee violates Section 18.1 of this Lease and fails to cure such violation within 30 days.
d. Lessee intentionally abandons and ceases to post any copy (whether paid or unpaid) on the Digital Billboard for a period of one hundred and eighty (180) consecutive days; provided that if such abandonment is a result of circumstances beyond Lessee’s control, City shall have the right to terminate this Lease in accordance with the notice provisions above and the other provisions of this Lease, but this shall not constitute a breach by Lessee hereunder. e. Lessee has an order for relief entered with respect to it, commences a voluntary case, or has an involuntary case filed against it under any applicable bankruptcy, insolvency, or other similar law then in effect; and the order or case is not stayed; withdrawn, or settled within 60 days after it is entered, commenced, or filed (11 U.S.C. §. 365(e)(2)(A), as amended, or any successor statute).
f. Lessee files for reorganization, becomes insolvent, or has a receiver or other officer with similar powers appointed for its affairs in any court with jurisdiction, whether or not with its consent (unless dismissed, bonded, or discharged within 60 days after appointment).

10.2 City’s Remedies for Default by Lessee. Upon the occurrence and during the continuance of any such default, in addition to any and all other rights or remedies of City hereunder, or by law or in equity provided, City will have the sole option to exercise the following rights and remedies:
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a. Without prejudice to its other remedies at law or in equity, City may terminate this Lease, at any time and in its sole discretion, effective 30 days after City gives Lessee written notice of termination.
b. City may exercise all rights of entry or reentry upon the Premises, and if the City requests Lessee to do so and Lessee fails to do so; the right to relet the Premises as the City determines in its sole discretion.
c. Each right and remedy of the City provided for herein or now or hereafter existing at law or in equity, by statute or otherwise will be cumulative and will not preclude the City from exercising any other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity, by statute or otherwise. No payment by Lessee of a lesser amount than the Rent nor any endorsement on any check or letter accompanying any check or payment of Rent will be deemed an accord and satisfaction of full payment of Rent, and the City may accept such payment without prejudice to City’s right to recover the balance of such Rent or to pursue other remedies.

10.3 Lessee's Early Termination Rights. Without prejudice to its other remedies at law or in equity, including the right to seek just compensation under the laws of eminent domain as described in Section 12, Lessee may terminate this Lease, at any time and in its sole discretion, effective 30 days after Lessee gives the City written notice of termination, if any of the following circumstances occurs:
a. If, the view of the Message Display from the portion of Interstate 80 adjacent to the Premises is materially obstructed and the disruption continues uninterrupted for at least twelve (12) consecutive months, and Lessee did not cause the obstruction. This Section

10.3(a) does not apply to Obstructions covered by Section 4.5 herein. b. Access to the Digital Billboard becomes unavailable; c. Lessee cannot safely use the Premises to install, operate, maintain, repair, or improve the Digital Billboard because of a non-remediable condition, and Lessee did not cause the condition.
d. Electrical service or illumination is unavailable;
e. There is a material diversion of traffic from, or a material reduction or change in the directional flow of traffic on, the portion of Interstate 80 adjacent to the Premises, and the diversion or disruption continues uninterrupted for at least twelve (12) consecutive months.
f. Through no fault of its own, Lessee cannot obtain or maintain the governmental permits required to install, operate, maintain, repair, or improve the Digital Billboard, including without limitation the Caltrans Permits and the City Permits. g. Use of the Message Display for its intended purpose is prevented by law, or Lessee is required by any court or other governmental entity, for reasons other than eminent domain, to remove the Digital Billboard from the Premises. 276
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h. The Digital Billboard is damaged by a casualty for which Lessee is not required under this Lease to carry insurance, and the cost to repair the damage exceeds the Annual Rent in effect when the damage occurs.

10.4 Lessee's Right to Renegotiation. After commencement of the Operations Phase, during any time Lessee's advertising revenues from the Digital Billboard have materially decreased due to one of the circumstances identified in Section 10.3 above, then, at its discretion and in lieu of termination, Lessee may request that the City negotiate a temporary or permanent reduction in the Annual Rent to an amount that reasonably reflects the diminished value of the Digital Billboard to Lessee, and on receiving the request the City shall negotiate in good faith with Lessee. Notwithstanding the twelve month periods specified in Section 10.3 above with respect to the circumstances described in Sections 10.3(a) and (e), Lessee shall have the right to renegotiate a reduction in the Annual Rent (but not terminate this Lease) if such circumstances have persisted for a lesser period but in excess of thirty (30) days; and with respect to the circumstances described in Section 10.3(d), Lessee shall have the right to renegotiate a reduction in the Annual Rent (but not terminate this Lease) if electrical service or illumination are available but limited so that the Digital Billboard is prevented from being operated at its full capacity.

10.5 City's Early Termination Rights. In the event the Premises on which the Digital Billboard is located is sold, leased, improved or developed so as to necessitate the relocation of the outdoor advertising structure, Lessor agrees, at Lessor’s sole expense, to relocate the Digital Billboard to a reasonable City-owned location of like value and exposure if available at Lessor’s expense, and if not available, to pay Lessee just compensation for the loss of Lessee’s leasehold interest, Digital Billboard and permits.

10.6 No Consequential Damages. Anything in this Lease to the contrary notwithstanding, neither the City nor Lessee shall be liable to other under or in connection with this Lease for any consequential or punitive damages and each party waives, to the full extent permitted by applicable laws, any claim for consequential or punitive damages, and any claim for loss of business or profits.

10.7 No Relocation Benefits. It is agreed that nothing contained in this Lease shall give Lessee any right to occupy the Premises at any time after the expiration of the term of this Lease or its earlier termination. Lessee agrees that its use of Property or this Lease shall not entitle Lessee to any relocation benefits from City pursuant to any federal, state or local law and waives any such claim against City other than as provided in Section 10.5 above and Section 12 below if the City is the Condemning Entity and relocation benefits are recoverable in accordance with Section 12 below.

11. Taxes. Lessee is responsible for and shall pay or otherwise discharge, without abatement or deduction, all taxes levied on, or related to, Lessee's outdoor-advertising activities on the Premises. This obligation includes payment of any (a) sales or similar tax on Lessee's sale of advertising space on the Digital Billboard; (b) possessory-interest tax related to this Lease or to Lessee's possession or use of the Premises; and (c) real-property tax allocated to the Digital Billboard and personal-property tax levied on Lessee's personal property on the Premises.

12. Eminent Domain.

12.1 Definitions. The following definitions apply to this Section 12:
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a. "Condemning Entity" means any entity that by law may exercise the power of eminent domain to acquire possession of, and title to, any of the following: the Digital Billboard, the entire Premises, or an Essential Part of the Premises. b. "Essential Part of the Premises" means any portion of the Premises that is reasonably necessary for installing, operating, maintaining, repairing, or improving the Digital Billboard in accordance with this Lease.

12.2 Termination Events. This Lease will terminate if a Condemning Entity acquires the Digital Billboard, the entire Premises, or an Essential Part of the Premises (a) by using the power of eminent domain; or (b) through negotiations under the threat of using the power of eminent domain.

12.3 Termination Date; Rent Refund; Caltrans Permits. Termination under this Section 12 will occur on the date the Condemning Entity obtains possession of, or title to, the Digital Billboard, the entire Premises, or the Essential Part of the Premises, whichever occurs first. Within fifteen (15) Business Days after the termination date, the City shall - a. refund to Lessee any pre-paid Annual Rent for the unexpired portion of the Term; and
b. relinquish any interest it may have in the Caltrans Permits and execute any documents needed to confirm that Lessee is the sole owner of the Caltrans Permits.

12.4 Compensation. If termination occurs under this Section 12, then Lessee and the City may each independently seek to recover from the Condemning Entity all compensation and other remedies provided by law for the interests taken from them. But the City may not seek or recover compensation for Lessee's compensable interests, and Lessee may not seek or recover compensation for the City's compensable interests. Without limiting the preceding, Lessee may seek to recover some or all of the following from the Condemning Entity:
a. compensation for its lost advertising income, for the value of the Digital Billboard, for lost goodwill, for its permits, and for its interest in this Lease; and b. financial assistance for relocating the Digital Billboard.

13. Indemnification.

13.1 Definitions. The following definitions apply to this Section 13:
a. "Person" is to be interpreted broadly. It includes not just third persons but also Lessee and Lessee's directors, officers, employees, contractors, and agents; and the City and the City's elected officials, officers, employees, contractors, and agents. b. "Liabilities" means all liabilities, claims, demands, damages, and costs (including reasonable attorneys' fees and litigation costs through final resolution on appeal) that result from Lessee's possession or use of the Premises. c. "Occurrence" means (1) the death of, or injury to, any Person; and (2) damage to, or destruction of, any real property, personal property (including intellectual 278
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property), or the environment (broadly interpreted to include the air, soil, soil vapor, surface water, groundwater, flora, and fauna on or about the Premises). d. "Secured Area" means the portion of the Premises enclosed by the permanent security fence that Lessee erects around the Digital Billboard in accordance with Section 6.7.

13.2 General Indemnity. Lessee shall indemnify, defend (with attorneys reasonably acceptable to the City), protect, and hold the City and the City's Property (including the Premises) harmless from and against all Liabilities resulting from Lessee's possession or use of the Premises and Property, including easement areas. Lessee is obligated under this Section 13.2 even if the City or the City's elected officials, officers, employees, contractors, or agents reviewed, accepted, or approved the work, materials, or activities from which the Liabilities arise. But Lessee is not obligated under this Section 13.2 to the extent the Liabilities are caused by the active negligence or willful misconduct of the City or the City's elected officials, officers, employees, contractors, or agents. Lessee's obligation under this Section 13.2 includes Liabilities resulting from any of the following:
a. Any Occurrence on the Premises and Property outside the Secured Area, but only to the extent resulting from Lessee's acts or omissions. b. Any Occurrence inside the Secured Area not caused by Lessor and/or not caused by the misconduct of a third party.
c. Any Occurrence that is in any way connected with any of Lessee's personal property on the Premises or Property.
d. Any Occurrence resulting from (A) any condition of the Premises or Property created by Lessee or by any Person on the Premises with Lessee's permission; or (B) some act or omission on the Premises or Property by Lessee or by any Person on the Premises with Lessee's permission.
e. Any Occurrence resulting from work or activities performed on the Property or the Premises or materials furnished to the Premises at the request of Lessee or any person or entity acting for Lessee or with Lessee's permission. f. Any Occurrence that results in any way from a verbal or non-verbal display on the Message Display, except for a display provided by the City. g. Lessee's failure to perform any provision of this Lease, to comply with any requirement of law applicable to Lessee, or to fulfill any requirement imposed by any governmental entity (including the City when acting as a government) on Lessee or on Lessee's use of the Premises.

13.3 Hazardous Substances. Lessee shall indemnify, defend (with attorneys reasonably acceptable to the City), protect, and hold harmless the City; the City's elected' officials, officers; employees, and agents; and the City's Property (including the Premises) from and against all Liabilities resulting from:

The possession, use, generation, transportation, release, threatened, release, handling; storage, or disposal by Lessee or Lessee’s contractors, agents, consultants or anyone 279
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acting by or through Lessee of any Hazardous Substance, during the Term or during Lessee's removal of the Digital Billboard in accordance with Section 9. Lessee is not obligated under this Section 13.3 for any Hazardous Substance that existed on or under the Premises on or before the Effective Date, or any Hazardous Substance brought onto the Premises or Property by a third party that was not a Person on the Property with Lessee’s permission, unless Lessee's intentional, negligent, or willful misconduct causes or exacerbates a release of the Hazardous Substance.

13.4 Legal Challenges. Lessee shall indemnify, defend (with attorneys reasonably acceptable to the City), protect; and hold harmless the City and the City's elected officials, officers, and employees in any litigation (including litigation based on the California Environmental Quality Act) brought to challenge the validity of this Lease, the validity of the City Permits or the Caltrans Permits, or the validity of the City ordinances that authorize the installation and operation of the Digital Billboard on the Premises. Lessee's obligation to indemnify under this Section 13.4 includes liability for attorneys' fees awarded to a party who successfully challenges the validity of this Lease, of the City Permits or the Caltrans Permits, or of any authorizing ordinance.

13.5 Exemption of City from Liability. Lessee, as a material part of the consideration to City, hereby assumes all risk of damage to its property (including any personal property and the Digital Billboard), and injury to or death of Lessee’s employees, agents or contractors in, upon or about the Digital Billboard or the Premises, any portion thereof, or any improvements thereon, arising from any cause, and Lessee hereby waives all claims in respect thereof against City, except to the extent such claims are caused by City’s sole negligence or willful misconduct.

Lessee hereby agrees that City will not be liable for injury to Lessee’s business or any loss of income therefrom or for damage to its personal property, or injury to or death of Lessee, its representatives, or agents, whether such damage or injury is caused by fire, electricity, gas, water or rain, or from the breakage, leakage or other defects of wires, or lighting fixtures, or from any other cause, whether such damage or injury results from conditions arising within or about the Digital Billboard or the Premises, any portion thereof, or any improvements thereon or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee, except damage or injury caused solely by City’s sole negligence or willful misconduct. City will not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises, any portion thereof, or any improvements thereon not owned by the City, or City’s failure to enforce the terms of any agreements with parties other than Lessee.

13.6 Survival. Lessee's obligations under this Section 13 will survive this Lease.

14. Damage or Destruction.

14.1 Insured Damage or Destruction. This Lease will continue in full effect if the Digital Billboard is damaged or destroyed in whole or part by any cause covered.by the fire-and-casualty insurance COO is required to maintain under Section 15 herein, subject to the following:
a. Subject to receipt of all required final permits and approvals, which shall be diligently pursued by Lessee, Lessee shall repair or replace the Digital Billboard, at no cost to the City using the insurance proceeds Lessee receives or is entitled to receive under the fire-andcasualty policy. Lessee shall promptly apply for, and diligently pursue the issuance of, any permits or approvals it needs to repair or replace the Digital Billboard. Within 30 days after obtaining the necessary permits and approvals, Lessee shall 'begin work to repair or replace the Digital Billboard. Lessee shall complete the work within 180 days after the work begins and shall pay any costs that exceed the available insurance proceeds.
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b. Lessee may elect not to repair or replace the Digital Billboard if:
(1) the cost to repair or, replace it exceeds 60% of its fair-market value immediately before it is damaged or destroyed; and
(2) the damage or destruction occurs during the last three years of the Initial Term (if Lessee opts not to extend this Agreement under Section 2.2, or during the last three years of the Extended Term (if Lessee opts to extend this Agreement under Section 2.2).
c. If Lessee elects, under Section 14.1(b)(2), not to repair or replace the Digital Billboard, then Lessee shall –
(1) notify the City in writing of its election;
(2) use the insurance proceeds Lessee receives for the damage or destruction to remove the Digital Billboard and restore the Premises in accordance with Section 9 herein; and
(3) pay to the City half of the insurance proceeds that remain after Lessee has performed under Section 14.1(c)(2), and this Agreement will terminate when those proceeds are paid to the City.

14.2 Uninsured Damage. If the Digital Billboard is damaged by any cause not covered by the fire-and-casualty insurance Lessee is required to maintain under Section 15(a)(3), then this Lease will continue in full effect only if the cost to repair the damage is less than or equal to the Annual Rent in effect when the damage occurs, subject to the following:
a. Lessee shall promptly apply for, and diligently pursue the issuance of, any permits or approvals it needs to repair the damage to the Digital Billboard. b. As soon as reasonably practicable after obtaining the necessary permits and approvals, Lessee shall repair the damage at no cost to the City. c. During any period Lessee is unable to operate the Digital Billboard in whole or in part due to the uninsured damage, and advertising revenues are diminished as a result, Rent shall be reduced or abated in proportion to the loss suffered until the damage is repaired.

15. Insurance.

15.1 Types of Policies. During the Term and during Lessee's removal of the Digital Billboard in accordance with Section 6(l), at no cost to the City, Lessee, along with its contractors and subcontractors, shall procure and maintain the following insurance policies covering Lessee's possession and use of the Premises:
a. A policy of comprehensive general-liability insurance providing coverage at least as broad as that provided by ISO Form CG 00 01. This policy must:
(1) be issued on an occurrence basis;
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(2) include coverage for premises, operations, products and completed operations, advertising injury, and contractual liability; (3) have a combined single limit of at least $1,000,000 per occurrence and $2,000,000 aggregate;
(4) include a fire legal-liability limit of $50,000 for each occurrence; and (5) name the City and the City's elected officials, officers, employees, and agents as additional insureds with regard to general liability arising out of activities performed by Lessee or on Lessee's behalf, including coverage for products and completed operations and for property Lessee owns, leases, or uses (including the Premises and the Digital Billboard). b. A policy of automobile-liability insurance providing coverage at least as broad as that provided by ISO Form CA 00 01. This policy must (A) have a combined single limit of at least $1,000,000 for each occurrence; and (B) cover owned, non-owned, and hired vehicles. c. A policy of fire-and-casualty insurance that insures the Digital Billboard for its full replacement value against damage or destruction by fire or by any of the perils commonly covered under the standard extended-coverage endorsement to fire-insurance policies issued on real property in Yolo County. In addition, during installation of the Digital Billboard, the policy must include coverage for course of construction, vandalism, and malicious mischief and must insure the Digital Billboard and all materials delivered to the Premises for their full insurable value. Lessee shall apply the insurance proceeds paid under this policy to the cost of repairing and restoring the Digital Billboard as required by, and except as otherwise provided in Section

14.1. d. A policy of workers-compensation insurance with limits at least equal to those required by California law and including employer-liability insurance with a limit of at least $1,000,000. This policy must include a waiver of subrogation against the City. As an alternative to this policy, and subject to approval by the City's Risk Management Department, Lessee may provide the City with a copy of Lessee's Certificate of Consent to Self-Insure from the California Department of Industrial Relations and a certificate showing Lessee's excess-insurance limits and self-insured retentions.

15.2 Insurer Qualifications. Each policy must be issued by an insurer the California Department of Insurance has authorized to transact business in California in the relevant line of insurance, and the insurer must have a rating of at least "A" by A.M. Best Company or a rating the City's Risk Management Department determines to be substantially equivalent.

15.3 Certificates of Insurance. Within 10 days after the Effective Date, and afterward upon request, Lessee shall provide the City with certificates of insurance, signed by authorized representatives of the insurers, confirming that Lessee has procured and is maintaining the insurance policies required by this Section 15.

15.4 Notice. Each of the policies must obligate the insurer to give the City at least 30 days' advance written notice before the policy is cancelled or materially changed.

15.5 Other Requirements. Lessee’s general-liability and automobile-liability policies must each:
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a. Provide that Lessee's insurance coverage is primary insurance with respect to the City and the City's elected officials, officers, employees, and agents; b. Provide that Lessee's insurance applies separately to each insured against whom a claim is made or a suit brought, except with respect to the applicable policy limits; and
c. Provide that the City's insurance and self-insurance are in excess of Lessee's insurance and will not contribute with it.

15.6 City Insurance. City agrees to maintain liability insurance for its own operations and activities on the Property, which policy shall include a waiver of subrogation in favor of Lessee. City shall name Lessee as an additional insured and provide a certificate of insurance upon execution and annually thereafter.

15.7 Quinquennial Review. The City may revise these insurance requirements every five years if the City reasonably determines that revision is needed to conform the policy terms, conditions, and limits with then-current insurance-industry standards for structures and real property comparable to the Digital Billboard and the Premises. A revision will take effect 30 days after the City gives Lessee notice in accordance with Section 17.

15.8 No Limit on Indemnification. Nothing in this Section 15 limits Lessee's obligations under Section 13.

16. Force Majeure.

16.1 “Force Majeure Event” means a cause of delay that is not the fault of the party who is required to perform under this Lease and is beyond that party’s reasonable control, including the elements (including floods, earthquakes, windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war-defense conditions, acts of any public enemy, pandemics, epidemics, the actions or inactions of any governmental entity (excluding City) or that entity’s agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages.

16.2 Except as otherwise expressly provided in this Lease, if the performance of any act required by this Lease to be performed by either City or Lessee is prevented or delayed because of a Force Majeure Event, then the time for performance will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. An extension of time for any such Force Majeure Event will be for the period of the enforced delay and will commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Lease may also be extended in writing by the mutual agreement of City and Lessee.

16.3 This Section 16 does not excuse (a) Lessee’s obligation to pay Rent when due and payable; or (b) either party’s obligation to perform an act when performance is rendered difficult or impossible solely because of that party’s financial condition. Lessee expressly agrees that adverse changes in economic conditions, either of Lessee specifically or the economy generally, changes in market conditions or demand, and/or Lessee’s inability to sell advertising time on the Digital Billboard or other lack of funding will not constitute grounds of enforced delay pursuant to this Section 16, subject in each case to Lessee’s rights and remedies in Sections 10.3 283
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and 10.4. Lessee expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the Effective Date.

17. Notices. Any notice to any party under this Lease shall be in writing by commercial carrier, certified or registered mail, and shall be effective on the earlier of (a) the date when delivered and receipted for by a person at the address specified below, or (b) the date which is three (3) days after mailing (postage prepaid) by commercial carrier, certified or registered mail, return receipt requested, to such address; provided that in either case notices shall be delivered to such other address as shall have been specified in writing by such party to all parties hereto prior to the notice being delivered.

Lessor: City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Attention: City Manager
Lessee: Clear Channel Outdoor, LLC
555 12th Street, Suite 950
Oakland, CA 94607
Attention: Vice President, Real Estate
With a copy to: Clear Channel Outdoor, LLC
Attn: Legal Department
2325 East Camelback Road, Ste. 250
Phoenix, AZ 85016
Either party may change the address for the purpose of this section by giving written notice of the change to the other party in the manner provided in this section.

18. Miscellaneous.

18.1 Sublease/Assignment. A party may not assign or otherwise transfer this Lease or any interest in it, and this Lease is not assignable by operation of law, without the other party's prior written consent, which the other party shall not withhold, delay, or condition unreasonably, other than as provided in Section 4.3. An assignment or transfer of this Lease does not occur, for purposes of this Section 18.1, if Lessee merges with another company, reorganizes its stock, or undergoes a similar corporate restructuring, or if Lessee sells any of its assets or stock. Lessee may not sublease the Premises or any part of the Premises, or the Digital Billboard or any part of the Digital Billboard, (it being understood that contracts with advertisers shall not be deemed to violate this provision) without the City's prior written consent, which the City may withhold or condition in its sole discretion. An assignment, transfer, or sublease made contrary to this Section

18.1 is void.

18.2 Successors and Assigns. This Lease binds and inures to the benefit of the successors and assigns of the parties. This Section 18.2 does not constitute the City's consent to any assignment of this Lease or any interest in the Lease, or to any sublease of the Premises or any part of the Premises, or to any sublease of the Digital Billboard or any part of the Digital Billboard.

18.3 Captions. The captions of the sections and subsections of this Lease are for convenience and reference only, and the words contained therein shall in no way be held to 284
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explain, modify, amplify, or aid in the interpretation, construction or meaning of the provisions of this Lease.

18.4 Waiver. Any express or implied waiver of a breach of any term of this Lease, or a party's failure to insist on strict performance of this Lease or to exercise any right or remedy upon the other party's breach of this Lease, will not constitute a waiver of the performance, right, or remedy. A party's waiver of the other party's breach of any provision in this Lease will not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision. The acceptance of Rent shall not constitute a waiver of any breach of any term of this Lease, except as to the payment of the Rent accepted. A waiver is binding only if set forth in writing and signed by the waiving party.

18.5 Relationship of the Parties. This Lease does not create any relationship or association between the City and Lessee other than that of landlord and tenant. For example, and without limiting the previous sentence, this Lease does not create between the City and Lessee the relationship of principal and agent, nor does it create a partnership or joint venture.

18.6 Governing Law; Venue. This Lease and all matters arising out of or relating to this Lease, including, without limitation, its validity, interpretation, construction, performance and enforcement, will be governed by and construed pursuant to California law, without regard to its conflict of laws provisions. In the event of litigation arising under this Lease, venue shall reside exclusively in the Superior Court of the County of Yolo.

18.7 Attorneys’ Fees. If any action at law or in equity is brought to recover any Rent or other sums under this Lease, or for or on account of any breach of or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Premises or Property, the prevailing party shall be entitled to recover from the other party, as part of prevailing party’s costs, reasonable attorneys’ fees.

18.8 Partial Invalidity. Should any nonmaterial provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease shall remain in full force and effect.

18.9 Entire Agreement. This Lease constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties.

18.10 Time of Essence. Time is of the essence in this Lease.

18.11 Memorandum of Lease. Either the City or Lessee may record with the Yolo County Recorder, using the form set forth as Exhibit E, a memorandum summarizing this Lease.

18.12 Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Lease. (Signatures on Next Page)
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IN WITNESS WHEREOF, the parties have executed this Lease as of the dates below.

LESSOR: LESSEE:

City of West Sacramento,
a California municipal corporation
By:

Aaron Laurel, City Manager
Date: ____________________, 2024
Clear Channel Outdoor, LLC,
a Delaware limited liability company
By: _____________________________
Name: Bryan Parker
Its: EVP, Real Estate and Public Affairs
ATTEST:

By:

Jennifer Cusmir, City Clerk
Date: _________________________, 2024
APPROVED AS TO FORM:

By:

Jeffrey A. Mitchell, City Attorney
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Exhibit A
(Legal Description of the Property)
287
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Exhibit A-1
(Legal Description of the Overhead Message Display Lease Area) 288
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Exhibit A-2
(Legal Description of the Sign Structure Lease Area)
289
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Exhibit B
(Legal Depiction of the Premises)
290
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Exhibit C
(Plans and Specifications)
291
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292
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293
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294
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295
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296
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Exhibit D
(Example of Annual Report Form)
297
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Exhibit E
(Memorandum of Lease)
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No Recording Fee Required Pursuant to
Government Code Section 27383
Recording requested by and
When recorded return to:

Clear Channel Outdoor, LLC
______________________
______________________
Attn: __________________
(Above Space for Recorder’s Use Only)

MEMORANDUM OF GROUND LEASE
This Memorandum of Ground Lease (“Memorandum”) is made and entered into as of ________________, 2024, by and between City of West Sacramento, a California municipal corporation (“Lessor”), and Clear Channel Outdoor, LLC, a Delaware limited liability company (“Lessee”).

B. Lessor and Lessee entered into that certain Clear Channel Outdoor Lease Agreement dated ____________, 2024 (“Lease”), setting forth the terms upon which Lessor will lease certain real property to Lessee for Lessee’s construction and use of a Digital Billboard on a portion of the Property legally described in Exhibit B, and depicted in Exhibit C, attached hereto and incorporated herein (the “Premises”).

NOW THEREFORE, Lessor and Lessee declare as follows:

1. Lease Commencement and Term. The Term of the Lease commences on _____________________, 2024, and terminates on the date that is fifteen (15) years after the first day of the month following the date the Digital Billboard is capable, legally and functionally, of displaying advertising, subject to receipt of all final non-appealable permits and approvals and is connected to a permanent power supply, unless earlier terminated as provided in the Lease.

2. Extension Terms. Lessee has the right to extend the Term of the Lease for two (2) consecutive periods of five (5) years.

3. Terms. The parties have executed and recorded this Memorandum to give notice of the Lease and the respective rights and obligations of Lessor and Lessee thereunder. The terms and provisions of the Lease are hereby incorporated into this Memorandum by this reference. 299
2394262.24 7203.553 2

4. Conflict. If there is any inconsistency or conflict between this Memorandum and the Lease, the Lease shall control.

5. Counterparts. This Memorandum may be executed in counterpart originals, each of which shall be deemed an original, but all of which, together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the date set forth above.

LESSOR: LESSEE:

City of West Sacramento Clear Channel Outdoor, LLC
a California municipal corporation a Delaware limited liability company By: By:

Name: Aaron Laurel Name: Bryan Parker
Title: City Manager Title: EVP, Real Estate and Public Affairs 300
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ACKNOWLEDGMENT
State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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Exhibit A
(See Attached Legal Description of Property)
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Exhibit B
(See Attached Legal Description of Premises)
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Exhibit C
(See Attached Depiction of Premises)
305
Modified Initial Study/15168 and 15183
Checklist for the
East and West Gateway
Digital Billboards
APRIL 2024
Attachment 4
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1 Introduction
The City of West Sacramento (City) has evaluated the potential environmental impacts associated with the proposed digital billboards projects at 4761 West Capitol Avenue and 1301 South River Road (Projects) and assessed whether the projects will have project-specific significant effects which are peculiar to the Project that were not previously analyzed in the certified West Sacramento General Plan 2035 (GP 2035) Environmental Impact Report (SCH #201404287) (GP 2035 EIR) and Supplemental Environmental Impact Report (SEIR) (SCH# 2022070293) prepared for an update to the GP 2035 Mobility Element and the Bridge District Specific Plan. The GP 2035 EIR was certified in November 2016 by the West Sacramento City Council following all required Native American consultations (Senate Bill [SB] 18 and Assembly Bill [AB] 52), a 45-day public comment period, and workshops and hearings before the City Planning Commission and City Council. The SEIR was certified in January 2024 by the West Sacramento City Council following a 45-day public comment period and hearings before the City Planning Commission and City Council. This analysis was prepared to determine whether the Project is consistent with GP 2035, and whether there are any potential impacts peculiar to the Project that would cause it not the meet the specific criteria set forth in Section 15183 of the State California Environmental Quality Act Guidelines.

This document has been prepared to satisfy the California Environmental Quality Act (CEQA), (Public Resources Code, Section 21000 et seq.) and the State CEQA Guidelines (14 CCR 15000 et seq.). CEQA requires that all state and local government agencies consider the environmental consequences of projects over which they have discretionary authority before acting on those projects. The environmental analysis in this initial study relies on Sections 15168 and 15183 of the CEQA Guidelines, which govern program EIRs and projects consistent with a general plan or community plan (Modified Initial Study).

Under Section 15183 of the CEQA Guidelines, where a project is consistent with the use and density established for a property under an existing general plan or zoning ordinance for which the City has already certified an environmental impact report (EIR), no additional environmental review is required “except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” If these requirements are met, the examination of environmental effects is limited to those which the agency determines, in an initial study or other analysis:
(1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent,
(3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.(CEQA Guidelines Section 15183(b).) Under these sections, the program EIR, in this case the City’s GP 2035 EIR and SEIR, serve as a basis for the Modified Initial Study to determine if project-specific impacts would occur that are not adequately covered in the previously certified EIR. The GP 2035 EIR (p. 1-2) states the following:
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2 Where a project consists of a series of actions or activities, a program EIR can be prepared (CEQA Guidelines Section 15168). Once it is adopted, the program EIR will be used to streamline the later environmental analysis of these activities. . . . [¶] [I]f the agency finds that no new or more severe effects could occur that had not been analyzed in the program EIR, the agency can approve the activity as being within the scope of the activities described in and analyzed by the program EIR, and no new environmental document would be required. If a specific project is within the scope of the program EIR but would result in a new or more severe impact, then a subsequent or supplemental EIR or Mitigated Negative Declaration would be prepared, its analysis focused on the new or more severe effects.

The proposed Projects’ land uses and development assumptions are consistent with the City’s GP 2035. Therefore, the Lead Agency (City of West Sacramento or City) is not required to examine environmental impacts that have already been adequately evaluated in the previously certified GP 2035 EIR or SEIR if the Projects would not lead to new or substantially greater environmental impacts, or to a significant impact that is peculiar to the Projects or to the Project sites.

This Modified Initial Study is a public document used by the City to determine whether the projects may have a significant effect on the environment. If the City finds substantial evidence that any aspect of the projects, either individually or cumulatively, may have a significant effect on the environment, regardless of whether the overall effect of the projects is adverse or beneficial, the City is required to prepare an environmental impact report (EIR).

Where the City determines that some impacts may be significant while others will not be significant or can clearly be mitigated to less-than-significant levels through mitigation measures to which the project proponent has agreed, the City may prepare an EIR focused on the potentially significant impacts. Under this last approach, the City may use an Initial Study to satisfy the requirements of CEQA Guidelines Section 15168 (c)(4) and Section 15128.

As documented herein, since the certification of the City’s GP 2035 EIR in 2016 and subsequent SEIR in 2023, there have been no significant changes in the physical environment that could result in a new or substantially increased impacts related to the project.

This Modified Initial Study serves to evaluate whether the environmental impacts of the proposed projects are adequately addressed in the GP 2035 EIR and/or subsequent SEIR. This Modified Initial Study indicates whether the proposed projects would result in a significant impact that: (1) is peculiar to the projects or the project sites; (2) was not identified as a significant effect in the GP 2035 EIR; or (3) has previously identified significant effects, which as a result of substantial new information that was not known at the time that the GP 2035 EIR was certified, are determined to have a more severe adverse impact than discussed in the GP 2035 EIR and SEIR. Such impacts, if any, will be evaluated in an EIR (CEQA Guidelines Section 15183).

1.1 Project Overview and Location
The properties are addressed as 4761 West Capitol Avenue, and 1301 South River Road. The projects consist of the construction and operation of two (2) digital billboards on real property located in the City of West Sacramento, California, an incorporated city within Yolo County. One billboard will be constructed and located at a West Gateway location (4761 West Capitol Avenue) and the other constructed and located at an East Gateway location (1301 South River Road). The East Gateway site is approximately 1.18 acres, and the West Gateway site is approximately

0.31 acres in area.

Both the East Gateway and West Gateway signs would be V-shaped, freestanding, and oriented to be visible to vehicles traveling on the adjacent highway. The East Gateway sign would be approximately 85 feet in height and the West Gateway sign would be approximately 60 feet in height, with displays mounted at an offset on a single 310

EAST GATEWAY AND WEST GATEWAY DIGITAL BILLBOARDS
3 supporting column. The primary support structure is made of steel, and the above ground support columns are clad in aluminum composite, measuring 9.5 feet in diameter. The structural engineering of the sign will meet or exceed all local and state requirements.

1.2 California Environmental Quality Act Compliance
This Modified Initial Study substantiates the extent that the GP 2035 EIR and SEIR determinations are applicable to the proposed Project.

The following is an overview of the steps followed for the environmental review of the proposed Project.  Review the proposed Project against the impact analysis and mitigation measures contained in the GP 2035 EIR and SEIR.
 Identify any previously adopted mitigation measures from the GP 2035 EIR and SEIR that apply to the proposed project.

The primary source reviewed for the preparation of this Modified Initial Study is the GP 2035 EIR, SEIR, and associated appendices, available at the City’s Planning Division. 311

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2 Project Description
The projects consist of the construction and operation of two (2) digital billboards that would be freestanding on real property located in the City of West Sacramento, California, an incorporated city within Yolo County. One billboard will be constructed and located at a West Gateway location (4761 West Capitol Avenue) and the other constructed and located at an East Gateway location (1301 South River Road). The East Gateway site is approximately 1.18 acres, and the West Gateway site is approximately 0.31 acres in area.

The involved parties for Site 1 (West Gateway) will include the City of West Sacramento and Clear Channel Outdoor.

The City is the owner of Site 1 and would enter into a lease agreement with Clear Channel Outdoor to grant Clear Channel Outdoor (owner of the constructed billboard) certain real property rights for the construction and operation of the digital billboard to the property.

The involved parties for Site 2 (East Gateway) will include Smart Growth Investors, the City of West Sacramento, and Clear Channel Outdoor. Smart Growth Investors is the owner of Site 2 and would enter into a lease agreement with the City of West Sacramento to grant the City certain real property rights for the use of Site 2. The City of West Sacramento would then enter into a sublease with Clear Channel Outdoor to grant Clear Channel Outdoor (owner of the constructed billboard) certain real property rights for the construction and operation of the digital billboard to the property.

2.1 Project Location
Site 1 (West Gateway): The site, 4761 West Capitol Avenue (APN: 067-010-026-000), is located on a corner and is surrounded by Commercial Highway zoned land uses to the North and West, Highway I-80 to the South, and commercial uses to the East. The City’s new corporation yard is located at 4300 West Capitol Avenue. See Figure

1. 312

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5 Site 2 (East Gateway): The site, 1301 South River Road (APN:058-350-076-000), is surrounded by Waterfront zoned land uses to on all the North, South, East, and West. The site is located just south of Highway 50 and the Pioneer Bridge. See Figure 2.

Figure 1 – 4761 West Capitol Avenue
Figure 2 – 1301 South River Road
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6 2.2 Environmental Setting
Existing Conditions
The Project sites are a relatively flat dirt lot that is partially vacant and unimproved. The Project sites do not contain any existing utility infrastructure (electrical, wastewater, or stormwater).

Existing and Surrounding Uses
Site 1 (West Gateway): The site, zoned Commercial, is located on a corner and is surrounded by Commercial Highway zoned land uses to the North and West, Highway I-80 to the South, and commercial uses to the East. The City’s new corporation yard is located at 4300 West Capitol Avenue.

Site 2 (East Gateway): The site, zoned Waterfront-Planned Development 41, is located on a corner and is surrounded by Waterfront zoned land uses to the South and West, Highway I-50 to the North, and Waterfront to the East. Zoning surrounding the Project site generally coincides with GP 2035 land use designations.

2.3 Project Characteristics
Both the East Gateway and West Gateway digital billboards would be V-shaped, freestanding, and oriented to be visible to vehicles traveling on the adjacent highway. The East Gateway billboard would be approximately 85 feet in height and the West Gateway billboard would be approximately 60 feet in height, with displays mounted at an offset on a single supporting column. The primary support structure is made of steel, and the above ground support columns are clad in aluminum composite, measuring 9.5 feet in diameter. The structural engineering of the sign will meet or exceed all local and state building and seismic requirements.

Each display would be 14 feet in height and 48 feet in width. Internally illuminated signs will display the billboard company’s name, as required by law, and identify the City of West Sacramento. The digital displays would be constructed with custom LED modules, with a maximum brightness level of ±0.3 footcandles. It is estimated that the signs would take a maximum of six weeks to construct, with a period of no activity during which the concrete foundation will cure. The foundation for each sign would be a drilled shaft with a poured concrete pier. The diameter of the concrete pier should be between six and eight feet. Each foundation would extend to a depth of approximately 40 feet below ground.

Circulation and Parking
Access to the West Gateway site is provided by West Capitol Avenue. Access to the East Gateway site is provided by South River Road. There are no designated parking spaces currently on site and are not planned to be included as part of the projects.

Infrastructure and Utilities
The project sites do not contain any existing utility infrastructure (electrical, wastewater, or stormwater). No public water or sewer improvements are currently available to the Project sites. Electrical utilities would need to be brought on both East and West Gateway sites to service each proposed digital billboard. 314

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7 2.4 Project Construction
It is estimated that the signs would take a maximum of six weeks to construct, with a period of no activity during which the concrete foundation will cure. The foundation for each sign would be a drilled shaft with a poured concrete pier. The diameter of the concrete pier should be between eight and six feet. Each foundation would extend to a depth of approximately 40 feet below ground.

2.5 Project Operation
The involved parties for Site 1 (West Gateway) will include the City of West Sacramento and Clear Channel Outdoor.

The involved parties for Site 2 (East Gateway) will include the Smart Growth Investors, the City of West Sacramento, and Clear Channel Outdoor. Smart Growth Investors is the owner of Site 2 and would enter into a lease agreement with the City of West Sacramento to grant the City certain real property rights for the use of Site 2. The City of West Sacramento would then enter into a sublease with Clear Channel Outdoor to grant Clear Channel Outdoor (owner of the constructed billboard) certain real property rights for the construction and operation of the digital billboard to the property.

The projects will require approval of multiple real estate transactions in the form of leases and subleases between the City of West Sacramento, Clear Channel Outdoor, and Smart Growth Investors to grant certain real property rights to Clear Channel for the use of each site.

2.6 Project Approvals
Approval of the Billboards Modified Initial Study/adoption by the City Council along with the associated real estate transactions referenced above.
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APRIL 2024
3 Environmental Factors
In reviewing the site-specific information provided for this Project, the City has analyzed the potential environmental impacts created by these projects and determined that development of the project sites with two digital billboards has been previously evaluated in the GP 2035 EIR and SEIR (collectively, GP 2035 EIR/SEIR). Therefore, on the basis of the following initial evaluation, we find that the proposed projects are part of the program analyzed in the GP 2035 EIR/SEIR and consistent with the GP 2035 EIR/SEIR. As explained in this document, all of the project’s impacts would be within the scope of the certified GP 2035 EIR/SEIR. Therefore, no further environmental review is required under either CEQA Guideline sections 15168 or 15183.

Aesthetics Agriculture and
Forestry Resources
Air Quality
Biological Resources Cultural Resources Geology and Soils Greenhouse Gas Emissions Hazards and
Hazardous Materials
Hydrology and Water
Quality
Land Use and Planning Mineral Resources Noise
Population and Housing Public Services Recreation
Transportation Tribal Cultural
Resources
Utilities and Service
Systems
Mandatory Findings of
Significance
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9 Determination (To be completed by the Lead Agency)
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date
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10 4 Evaluation of Environmental Impacts
The following contains a modified environmental checklist based on the form included in Appendix G of the CEQA Guidelines. The modified Checklist or Initial Study is used to describe the impacts of the proposed Projects. A discussion follows each environmental issue identified in the checklist. No significant impacts are identified that are peculiar to the Projects or Project sites; additionally, there are no significant impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (See PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)); therefore, no additional, new mitigation measures that were not already previously developed for mitigating impacts in GP 2035 EIR/SEIR have been added for the Project.

For this checklist, the following designations are used:

Significant Impact Peculiar to the Project or Project Site: An impact that could be significant due to something peculiar to the project or the project site that was not previously identified in the GP 2035 EIR. If any potentially significant impacts are identified, an EIR must be prepared that analyzes those impacts.

Significant Impact due to New Information: Any impact that would be considered significant based on new information which was not known at the time the GP 2035 EIR was prepared. If any significant impacts are identified, an EIR must be prepared that analyzes those impacts.

Impact Adequately Addressed in GP 2035 EIR: Impacts previously evaluated in the GP 2035 EIR or SEIR that would not change from what was evaluated previously. This designation applies where the Project would not result in a new significant impact, a substantially increased significant impact, or a peculiar impact that was not analyzed in the GP 2035 EIR.

4.1 Aesthetics

Significant
Impact
Peculiar to the
Project or the
Project Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the GP 2035
EIR
I. AESTHETICS – Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
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11 Significant
Impact
Peculiar to the
Project or the
Project Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed in
the GP 2035
EIR
c) In non-urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage point). If the project
is in an urbanized area, would the project
conflict with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
Setting
The “Existing Conditions” discussion in Section 3.1 of the GP 2035 EIR, “Aesthetics,” describes the planning area and vicinity in terms of visual character and quality, light and glare, and views of and from the City’s planning area. (GP 2035 EIR.) That discussion is hereby incorporated by reference and summarized below.

Site 1 (West Gateway): The site is located on a corner and is surrounded by Commercial Highway zoned land uses to the North and West, Highway I-80 to the South, and commercial uses to the East.

Site 2 (East Gateway): The site is located on a corner and is surrounded by Waterfront zoned land uses to the South and West, Highway I-50 to the North, and Waterfront to the East. The site is located just south of Highway 50 and the Pioneer Bridge.

The GP 2035 EIR concludes that development consistent with GP 2035 could result in substantial degradation of the existing visual character or quality of the site and its surroundings, including scenic vistas and that, even with mitigation, the impacts would be significant and unavoidable. Development under GP 2035 would result in new suburban, urban, commercial/retail, and recreational development in undeveloped areas and infill development with a similar variety of uses. Depending on the particular projects pursued, new development allowed by GP 2035 could alter topography, remove vegetation, or change land use types in ways that would affect the existing visual character of views, including scenic vistas.

Additionally, development anticipated under GP 2035 could also result in an increase in light and glare within the planning area, and impacts were also determined to be significant and unavoidable with implementation of feasible mitigation related to glare reduction and lighting type and efficiency requirements. 319

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12 Discussion
a-c) Would the project have a substantial adverse effect on a scenic vista? Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The proposed digital billboards would be located in existing commercial and waterfront districts. The projects are not located within close proximity to any scenic vistas or scenic resources. Lighting for the projects will be examined as part of the building permit plan check to ensure lighting standards in the City’s Municipal Code are met. Therefore, the proposed projects would not affect views to or from a scenic vista or a State scenic highway or degrade the visual character of the site and its surroundings.

The East Gateway digital billboard would be approximately 85 feet in height and the West Gateway digital billboard would be approximately 60 feet in height, with displays mounted at an offset on a single supporting column. According to Chapter 17.29 of the Municipal Code, freestanding signs are allowed/regulated in Commercial and Mixed-Use and Employment zones. The proposed projects would be built on currently vacant sites. The maximum height allowed for structures in the Commercial (C) District is 65 feet and 250 feet for the Waterfront (WF) District, respectively. The billboards would be visible from major two major highways intersecting the City, Hwy I-80 and Hwy I-50.

Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR, the proposed Projects’ impacts would be less than significant. Therefore, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR, and the criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and aesthetic impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR.

There are no significant effects related to aesthetics peculiar to the projects or project sites; additionally, there are no significant aesthetic impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3(b); CEQA Guidelines Section 15183(b)). d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Site 1 (West Gateway): During dusk, dawn, or cloudy days, the operation of the digital display according to ambient light readings is the ideal way to maintain a glare-free, light-trespass free image. The ambient brightness to output brightness response curves have been carefully developed into a standard to provide good readability on the display while keeping in line with the brightness of the overall visual context. During night-time, brightness control becomes critical as the digital billboards must be operated at a small percentage of its maximum brightness in order to avoid glare or light trespass. The proposed digital billboards are equipped with modern brightness controls. Besides the redundant photocells, a number of secondary fail-safes are also implemented including a communications watchdog (automatic reduction to 320

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13 night-time brightness in the event of a communication loss), and failback to a location/season aware timebased schedule in the event of catastrophic photocell system failure. With these safety features in place, it becomes unlikely for the digital billboard to operate at high brightness levels at night.

The calculated the expected illuminance impact to surrounding areas of concern, shown in Figure 3, along with a table showing fc values at various distances and angles from the face of the display. If approved and constructed, the applicant contractor may provide on-site lighting measurements to confirm correct installation and light restriction performance.

Site 2 (East Gateway): During dusk, dawn, or cloudy days, the operation of the digital display according to ambient light readings is the ideal way to maintain a glare-free, light-trespass free image. The ambient brightness to output brightness response curves have been carefully developed into a standard to provide good readability on the display while keeping in line with the brightness of the overall visual context. During night-time, brightness control becomes critical as the digital billboards must be operated at a small percentage of its maximum brightness in order to avoid glare or light trespass. The proposed digital billboards are equipped with modern brightness controls. Besides the redundant photocells, a number of secondary fail-safes are also implemented including a communications watchdog (automatic reduction to Figure 3
321

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14 night-time brightness in the event of a communication loss), and failback to a location/season aware timebased schedule in the event of catastrophic photocell system failure. With these safety features in place, it becomes unlikely for the digital billboard to operate at high brightness levels at night.

The calculated the expected illuminance impact to surrounding areas of concern, shown in Figure 4, along with a table showing fc values at various distances and angles from the face of the display. If approved and constructed, the applicant contractor may provide on-site lighting measurements to confirm correct installation and light restriction performance.

Figure 4
322

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15 The project sites are located in existing commercial and waterfront zoning designated areas. Due to their proximity, lighting at the site could pose a significant impact for area residents and businesses. The proposed billboards would operate during a 24-hour cycle.

The GP 2035 EIR (pages 3.1-20 to 3.1-22) found that development under GP 2035 could result in increased light and glare in the planning area by removing vegetation that provides shade, introducing reflective surfaces, and increasing interior and exterior nighttime lighting that would affect daytime and nighttime views. Even with GP 2035 policies to ensure that new development would achieve a high standard of visual quality and no additional mitigation beyond the proposed 2015 General Plan update policies, the impacts were determined to be significant and unavoidable.

The proposed digital billboards are consistent with the GP 2035 land use designation for the project sites, and aesthetic impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR. There are no significant effects related to aesthetics peculiar to the projects or project sites; additionally, there are no significant aesthetic impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.2 Agriculture and Forestry Resources

Significant
Impact Peculiar
to the Project or
the Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
II. AGRICULTURE AND FORESTRY RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
d) Result in the loss of forest land or conversion
of forest land to non-forest use?
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16 Significant
Impact Peculiar
to the Project or
the Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
Setting
The “Existing Conditions” discussion in Section 3.2 of the GP 2035 EIR, “Agricultural and Forestry Resources,” describes the planning area and vicinity in terms of Important Farmland, land under Williamson Act contracts, and land used for agricultural uses (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The planning area is composed of mostly suburban and rural development, with agricultural activities taking place in the southern portion of the planning area. Agricultural land within the planning area includes both Prime Farmland and Farmland of Local Importance. The principal crops include wheat, alfalfa, vegetables, and fruits. There are no Williamson Act contract lands within West Sacramento.

The GP 2035 EIR notes that land currently being farmed is planned for urbanization. As such, the GP 2035 EIR concluded that the urbanization resulting from buildout of GP 2035 would remove existing farmland from agricultural production. No feasible mitigation was available, and this impact was determined to be significant and unavoidable.

The GP 2035 EIR concludes that impacts related to conflicts with existing agricultural zoning would be less-thansignificant because the change to Rural Estate zoning would still allow for limited agricultural use. Because GP 2035 supports agricultural uses and preserves existing farmland, the GP 2035 EIR concludes that its implementation would not result in other changes that would result in indirect conversion of farmland to nonagricultural use.

California Public Resources Code Section 12220(g) defines “forest land” for the purposes of CEQA as land that can support 10% native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.

California Government Code Section 51104(g) defines “Timber,” “Timberland,” and “Timberland Production Zone” for the purposes of CEQA as either trees of any species maintained for eventual harvest for forest production purposes (“Timber”); privately owned land, or land acquired for State forest purposes, used for growing and harvesting timber (“Timberland”); or “Timberland Production Zone” which means an area zoned and used for growing and harvesting timber.

At the time the GP 2035 EIR was prepared, the CEQA Guidelines Appendix G checklist did not include forestry resources. No part of the GP 2035 planning area, however, contains forest land or land used for timber production. 324

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17 Discussion
a-d) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? Would the project result in the loss of forest land or conversion of forest land to non-forest use? Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
According to the California Department of Conservation Important Farmlands map, the West Gateway site is classified as urban and built-up land and do not contain prime farmland, unique farmland, or farmland of state or local importance, while the East Gateway site is classified as other land. There are no agricultural uses currently on the project sites, and the sites are not under a Williamson Act contract. The sites do not contain any farmland, agricultural resources, or operations that could be affected by the project.

Construction and operation of the proposed billboards would not cause changes in the existing environment that would convert agricultural land to non-agricultural uses.

Because the proposed project sites are located on vacant and non-agricultural, non-forested land surrounded on all sides by urban development, it would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and agricultural impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR. There are no significant effects related to agricultural or forestry impacts peculiar to the projects or project sites; additionally, there are no significant agricultural impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.3 Air Quality

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan?
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18 Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
Setting
The “Existing Conditions” discussion in Section 3.3 of the GP 2035 EIR, “Air Quality,” describes the planning area and vicinity in terms of ambient air quality, regional climate, and air quality regulation attainment status (GP 2035 EIR).

That discussion is hereby incorporated by reference and summarized below.

The planning area is located in Yolo County within the Sacramento Valley Air Basin (SVAB). The SVAB is bounded on the north by the Cascade Range, on the south by the San Joaquin Valley Air Basin, on the east by the Sierra Nevada, and on the west by the Coast Ranges. The SVAB contains all of Tehama, Glenn, Butte, Colusa, Yolo, Sutter, Yuba, Sacramento, and Shasta Counties, as well as a portion of Solano and Placer Counties.

The GP 2035 EIR notes occasional violations of the ozone (O3) and fine particulate matter (PM2.5) national and state standards, but no violations of the large particulate matter (PM10), carbon monoxide (CO), or nitrogen dioxide (NO2) standards were reported during the monitoring period for the GP 2035 EIR (GP 2035 EIR, pp. 3.3-7). The GP 2035 EIR concludes that, while implementation of GP 2035 would not be expected to conflict with applicable air quality plans and regulations, buildout would result in pollutant emissions that could be significant and unavoidable. While adherence to measures required by YSAQMD would help reduce construction and operational emissions, the GP 2035 EIR concludes that the lack of project-specific information made it infeasible to calculate construction and operational emissions such that it could be determined whether mitigation measures would reduce emission levels to below the thresholds of significance. Hence, construction and operational emissions were determined to be significant and unavoidable, despite mitigation. Because such details of future construction under GP 2035 are not known, emissions from construction activities associated with buildout cannot be quantified and are evaluated qualitatively for purposes of this analysis. According to the thresholds outlined by YSAQMD, emissions from the construction of any project, including a project developed under GP 2035, will not exceed 10 tons per year of ROG and NOX or 80 pounds per day of PM10, or else a significant construction-related impact would result. Additionally, all construction projects must abide by YSAQMD rules adopted to reduce emissions throughout the region.

YSAQMD has also identified certain types of land uses as being commonly associated with odors. For instance, wastewater treatment facilities, rendering plants, and chemical manufacturing facilities are all potential odor sources according to YSAQMD. YSAQMD has established a screening criteria distance of 1 mile between sensitive receptors and odor-generating facilities as a reasonable buffer distance; if there is more than 1 mile between the receptor and the odor generating land use, odor impacts would be less than significant. If the source and the receptor are less than 1 mile apart, a full analysis must be conducted. GP 2035, however, would not generally introduce scenarios that would exacerbate existing odors and expose sensitive receptors. Further, given mandatory 326

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19 compliance with YSAQMD rules, no construction activities or materials are proposed that would create a significant level of objectionable odors, and as future development under the General Plan Update must comply with the zoning ordinance, odor-generating uses would only be developed in areas zoned for such uses.

Discussion
a-b) Would the project conflict with or obstruct implementation of the applicable air quality plan? Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? The GP 2035 EIR (pages 3.3-15 to 3.3-23) found a less-than-significant impact related to direct conflicts with relevant attainment plans. It did so, in part, by requiring the City to “actively encourage infill development that is . . . compatible with surrounding land uses,” and through the promotion of other “goals, policies, and programs related both to the promotion of infill development and the reduction of potential adverse air quality effects” consistent with YSAQMD’s State Implementation Plan and the Sacramento Area Council of Governments Air Quality Action Plan. (GP 2035 EIR, pp. 3.3-17 to 3.3-19.) The proposed Projects are consistent with the GP 2035 land use designation for the project sites, and air quality impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR.

There are no significant effects related to air quality impacts peculiar to the projects or project sites; additionally, there are no significant air quality impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)). c d) Would the project expose sensitive receptors to substantial pollutant concentrations? Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
The project areas are located within the Yolo-Solano Air Quality Management District (YSAQMD), which covers the Sacramento Valley Air Basin, including all of Yolo County and parts of Solano County. The YSAQMD is a non-attainment area for PM 10 and ozone. The projects will also be subject to local, County, State and federal air quality laws and regulations. The digital billboards will also be required to comply with the City’s performance standards for odors on an on-going basis.

Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR, the proposed projects’ impacts would be less than significant. Therefore, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and air quality impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR.

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20 Mitigation Measures from the GP 2035 EIR
Mitigation Measure AQ-2: Implement construction dust control mitigation measures described in YSAQMD’s CEQA Handbook
The following construction dust and construction equipment exhaust control measures will be implemented, when feasible, to reduce the amount of dust emissions from construction activities in the planning area.
• Dust Control Measures:
 Water all active construction sites at least twice daily. Frequency should be based on the type of operation, soil, and wind exposure.
 Haul trucks hauling dirt, sand, or loose materials shall maintain at least 2 feet of freeboard or shall be covered.
 Apply non-toxic binders (e.g., latex acrylic copolymer) to exposed areas after cut and fill operations and hydroseed area.
 Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days).  Plant tree windbreaks on the windward perimeter of construction projects if adjacent to open land.
 Plant vegetative ground cover in disturbed areas as soon as possible.  Cover inactive storage piles.
 Sweep streets if visible soil material is carried out from the construction site.

Treat accesses to a distance of 100 feet from the paved road with a 6-to-12-inch layer of wood chips, mulch or gravel.
• Construction Equipment Emissions Control Measures:
 Restrict unnecessary vehicle idling to five minutes.
 Incorporate catalyst and filtration technologies.

Modernize the equipment fleet with cleaner repower and newer engines.

4.4 Biological Resources

Significant Impact
Peculiar to Project
or Project Site
Significant Impact
due to New
Information
Impact Adequately
Addressed in the
GP 2035 EIR
IV. BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
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21 Significant Impact
Peculiar to Project
or Project Site
Significant Impact
due to New
Information
Impact Adequately
Addressed in the
GP 2035 EIR
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the California
Department of Fish and Game or U.S. Fish
and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Setting
The “Existing Conditions” discussion in Section 3.4 of the GP 2035 EIR, “Biological Resources,” describes the planning area and vicinity in terms of land cover types, wetlands and jurisdictional waters, special-status species, critical habitat, and wildlife corridors (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The planning area includes the following landcover types: agriculture, annual grassland, fresh emergent wetland, lacustrine, oak woodland, orchard, riverine, urban, and Valley foothill riparian. The GP 2035 EIR noted that 24 special-status plant species, 16 special-status wildlife species, and 9 special-status fish species occur in or near the City. The GP 2035 EIR also noted that the planning area includes critical habitat for multiple special-status fish species.

The proposed project sites are designated in the GP 2035 EIR as “Annual Grassland” that is an “Undeveloped Area Proposed for Development in the Updated General Plan Area.” (GP 2035 EIR, Figure 3.4-1.) Annual grassland occurs in scattered areas throughout the study area on levee slopes, along roadsides, and on undeveloped parcels (Figure

3.4-1). Similar vegetation occurs in the fallow agricultural fields, described above, but those areas are larger and are subject to intermittent cultivation. The annual grassland is dominated by naturalized annual grasses with intermixed perennial and annual forbs. Grasses commonly found in annual grassland are foxtail barley (Hordeum murinum ssp. leporinum), ripgut brome (Bromus diandrus), Italian ryegrass (Festuca perennis), and soft chess (Bromus hordeaceus). Forbs commonly found in annual grasslands in the study area are yellow star-thistle (Centaurea solstitialis), prickly lettuce (Lactuca serriola), bristly ox-tongue (Helminthotheca echioides), sweet fennel 329

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22 (Foeniculum vulgare), Italian thistle (Carduus pycnocephalus), horseweed (Conyza canadensis), black mustard (Brassica nigra), fireweed (Epilobium brachycarpum), broad-leaf pepper grass (Lepidium latifolium), common sunflower (Helianthus annuus), pigweed (Chenopodium sp.), cheeseweed (Malva parviflora), bindweed (Convolvulus arvensis), and telegraph weed (Heterotheca grandiflora). The annual grasslands in the study area contain a relatively large proportion of ruderal species, likely because of substantial disturbance from human activities. Blue elderberry shrubs occur in several areas of annual grassland.

Annual grasslands are used by many wildlife species for foraging. Some of these species also inhabit annual grassland if special features such as cliffs, caves, ponds, or woody plants are available for breeding or resting habitat, or as escape cover. Reptiles that breed in annual grassland habitats include western fence lizard (Sceloporus occidentalis), common gartersnake (Thamnophis sirtalis), and western rattlesnake (Crotalus tigris).

Grasslands provide foraging habitat for wide-ranging species such as red-tailed hawk (Buteo jamaicesis), turkey vulture (Cathartes aura), American kestrel (Falco sparverius), and northern harrier (Circus cyaneus). Mammals typically found in this habitat include California vole (Microtus californicus), western harvest mouse (Reithrodontomys megalotis), California ground squirrel (Spermophilus beecheyi), black-tailed hare (Lepus californicus), and coyote (Canis latrans) (Mayer and Laudenslayer 1988:118). In addition, many species that nest or roost in open woodlands may forage in associated grasslands, including western bluebird (Sialia mexicana), western kingbird (Tyrannus verticalis), and some species of bats (Zeiner et al. 1990a:428, 510, 1990b) The GP 2035 EIR concludes that development consistent with GP 2035 would result in potentially significant impacts to biological resources. The analysis concluded that compliance with GP 2035 policies, including policy revisions required by Mitigation Measures BIO-6, BIO- 7, and BIO-12, would reduce all impacts to a less-thansignificant level. The Yolo County Natural Heritage Program (Yolo Habitat Conservancy), a county-wide multi-species habitat conservation plan and natural communities’ conservation plan, was adopted by the County in 2018, and the City has incorporated it as Title 20 of the Municipal Code.

Discussion
a-f) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
330

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23 Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The proposed East Gateway and West Gateway projects are located on land designated in the GP 2035 EIR as “Annual Grassland” in an “Undeveloped Area Proposed for Development in the Updated General Plan Area.” (GP 2035 EIR, Figure 3.4-1.) At this time, the project sites are vacant urban infill lots that are surrounded by either commercial (West Gateway) and waterfront (East Gateway) land uses. Accordingly, the projects would not substantially affect biological resources because the sites have been previously disturbed.

The proposed sites are not within a Natural Landscape Block or Essential Connectivity area as defined in the GP 2035 EIR (GP 2035 EIR, Figure 3.4-2), and the proposed projects will not have any effect on a wetland or riparian area and does not appear to be located in a habitat corridor. No trees would be affected by operations at the site, and no local policies or ordinances protecting biological resources apply. Proposed operations would not conflict with the provisions of the Yolo Habitat Conservation Plan.

Based on a Biological Resources Evaluation conducted by LSA, sensitive biological resources potentially occurring in the BSA (Biological Study Area) include Swainson’s hawk (Buteo swainsoni) and nesting birds. The BSA does not support any sensitive habitats or appropriate habitat for any other special‐status wildlife or plant species. Additionally, no special‐status species were observed during the field survey. The proposed project would not impact any aquatic features, or any associated riparian vegetation adjacent to the site. The results of the field surveys and background review, no Swainson’s hawk specific avoidance and minimization measures are recommended. To the extent feasible, initial grading and vegetation removal shall occur during the non-nesting period (September 1 to January 31).

The potential environmental impacts related to biological resources associated with the proposed project have been analyzed in the GP 2035 EIR, and pursuant to Section 15163 of the State CEQA Guidelines, no new information of substantial importance has been identified that would otherwise necessitate subsequent/supplemental environmental analysis. Because the proposed projects are slated as “Undeveloped Area Proposed for Development” in the GP 2035 EIR and is consistent with the development analyzed in the GP 2035 EIR, the proposed project’s impacts would be less than significant. Therefore, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and biological resources impacts associated with buildout anticipated by and addressed in the GP 2035 EIR.

There are no significant effects related to biological resources impacts peculiar to the projects or project sites; additionally, there are no significant biological resources impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)). 331

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24 4.5 Cultural Resources

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant
to §15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?
Setting
The “Existing Conditions” discussion in Section 3.5 of the GP 2035 EIR, “Cultural Resources,” describes the planning area and vicinity in terms of prehistoric, ethnographic, and historic contexts (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The studies conducted or reviewed during preparation of the GP 2035 EIR indicate that there are 71 historic era resources and 10 prehistoric resources within West Sacramento (GP 2035 EIR, p. 3.5-10).

The GP 2035 EIR notes that project-level review would be required for all future projects, and that future projects would be consistent with the General Plan and would comply with all state and local laws regarding historical resources. However, because the impacts of individual future projects cannot guarantee that historical resources would not be adversely affected, the GP 2035 EIR concludes that impacts on historic resources would be significant and unavoidable. The GP 2035 EIR notes that future construction activities could result in the inadvertent discovery of archaeological resources or human remains. Mitigation Measures CU-2 and CU-3 dictate procedures to be implemented, including the treatment of resources, in the event of discovery, but would not reduce the impact to less-than-significant levels. Thus, all impacts related to cultural resources were concluded to be significant and unavoidable.

Discussion
a-c) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Would the project disturb any human remains, including those interred outside of formal cemeteries? No recorded paleontological resources or cultural resources are known to be present within the project sites. Based on a Cultural Resources Assessment for the West and East Gateway sites provided by LSA, “no new resources were documented or observed within the project area. However, a small portion of the East Gateway property lies within the alignment of a previously recorded historic-era levee, which itself is 332

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25 a smaller segment of a historic district associated with the SRFCP. This previously recorded resource was identified during the survey, although its presence at this location which consists primarily of the western levee toe (or edge), is significantly smaller in height (2–3 feet) than described by Bowen (2021): “earthen levee [with] an average height of 15 feet and width of roughly 30–40 feet.”3 Based on this resource description and the observed portion identified during the field survey, a review of proposed project plans indicates the billboard installation would take place approximately 100 feet northwest of the western levee toe. Therefore, no direct impacts to the levee from project-related activity would occur”.

While further soil disturbing activity on the project sites will be limited to the foundation area of the billboard structure (between six to eight feet diameter), should any resources be discovered, Mitigation Measures CUL-2 and CUL-3 would be implemented, consistent with the impact discussions provided in the GP 2035 EIR. Mitigation Measures CUL-2 and CUL-3 identified in the GP 2035 EIR would similarly reduce impacts associated with implementation of the Project, but would not preclude potentially significant site-specific impacts, consistent with impact determinations made in the GP 2023 EIR.

The potential environmental impacts related to cultural resources associated with the proposed projects have been analyzed in the GP 2035 EIR/SEIR, and pursuant to Section 15163 of the State CEQA Guidelines, no new information of substantial importance has been identified that would otherwise necessitate subsequent/supplemental environmental analysis. Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR/SEIR, the proposed project’s impacts would be less than significant. Therefore, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR/SEIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and cultural resources impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR. There are no significant effects related to cultural resources impacts peculiar to the projects or project sites; additionally, there are no significant cultural resources impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

Mitigation Measures from the GP 2035 EIR
Mitigation Measure CUL-2: Require appropriate treatment for inadvertent discovery of archaeological resources
The City will require, through permit or tentative map conditions or contractual obligations, that in the event of any inadvertent discovery of archaeological resources, all such finds will be subject to PRC 21083.2 and State CEQA Guidelines 15064.5. Procedures for inadvertent discovery are listed below. • All work within 100 feet of the find will be halted until a professional archaeologist can evaluate the significance of the find in accordance with Native American Heritage Commission (NRHP) and California Register of Historic Resources (CRHR) criteria.

• If any find is determined to be significant by the archaeologist, representatives of the City will meet with the archaeologist to determine the appropriate course of action. If necessary, a Treatment Plan will be prepared by an archeologist, outlining recovery of the resource, analysis, and reporting of the find. The Treatment Plan will be submitted to the City for review and approval prior to resuming construction.

333

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26 • All significant cultural materials recovered will be subject to scientific analysis, professional curation, and a report prepared by the professional archaeologist according to current professional standards.

Mitigation Measure CUL-3: Implement appropriate treatment for discovery of human remains The City will require, through permit or tentative map conditions, that in the event that human remains are discovered, all work shall cease in the vicinity (minimum of 100 feet) of the find and the Yolo County coroner will be notified immediately. If the coroner determines the remains to be Native American in origin, the coroner will be responsible for notifying the NAHC, which will appoint a most likely descendant (MLD; PRC Section 5097.99). The project applicant, County, and MLD will make all reasonable efforts to develop an agreement for the dignified treatment of human remains and associated or unassociated funerary objects (CCR Title 14 Section 15064.5[d]). The agreement should take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, curation, and final disposition of the human remains and associated or unassociated funerary objects. The MLD will have 48 hours after notification by the NAHC to make their recommendation (PRC Section 5097.98). If the MLD does not agree to the reburial method, the project will follow PRC Section 5097.98(b), which states, “the landowner or his or her authorized representative shall reinter the human remains and items associated with Native American burials with appropriate dignity on the property in a location not subject to further subsurface disturbance.”

4.6 Geology and Soils

Significant
Impact
Peculiar to
Project or
Project Site
Significant
Impact due
to New
Information
Impact Adequately
Addressed in the GP
2035 EIR
VI. GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure,
including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss
of topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
334

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27 Significant
Impact
Peculiar to
Project or
Project Site
Significant
Impact due
to New
Information
Impact Adequately
Addressed in the GP
2035 EIR
d) Be located on expansive soil creating
substantial direct or indirect risks to life or
property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of waste water?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
Setting
The “Existing Conditions” discussion in Section 3.6 of the GP 2035 EIR, “Geology, Soils, and Paleontological Resources,” describes the planning area and vicinity in terms of seismicity, geologic formations, and soil characteristics (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

Although the planning area is located in a region of California characterized by relatively low seismic activity, seismic hazards are present. The nearest active fault is the Cordelia fault approximately 30 miles west of the planning area (GP 2035 EIR, p. 3.6-5). The GP 2035 EIR noted that 24 soil series occur within the planning area, most of which are disturbed as a result of agricultural cultivation or construction of suburban and urban development. The GP 2035 EIR also noted that most of the planning area is immediately underlain by Holocene dune sands, which are unlikely to contain fossils (GP 2035 EIR, p. 3.6-9).

The GP 2035 EIR concludes that implementation of GP 2035 would not result in significant impacts related to geology, soils, or paleontological resources. GP 2035 policies and California Building Code (CBC) require that new structures be designed to withstand seismic activity. Furthermore, preparation of project-specific geotechnical reports and implementation of their recommendations, as required by GP 2035 policy, would minimize impacts related to unsuitable soils. Because GP 2035 does not include policies or practices to specifically protect paleontological resources, Mitigation Measure GEO-7 requires the City to determine whether discretionary projects would be located in an area of paleontological sensitivity.

Discussion
a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

If structures are located on or near an active fault, rupture of that fault could cause damage or destruction of the structure, resulting in injury, loss of life, or property damage. This would be a significant impact.

However, there are no active faults in the planning area. Due to the absence of faults, or active faults in 335

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28 the project area, the project would have no impact and would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and geology and soils impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR.

There are no significant effects related to geology and soils impacts peculiar to the projects or project sites; additionally, there are no significant geology and soils impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)). ii-iv) Strong seismic ground shaking? Seismic-related ground failure, including liquefaction? Landslides?
Construction in areas with potential to experience seismic-related ground failure, such as strong ground shaking, land sliding, and liquefaction, could expose people or structures to potential substantial adverse effects. If structures constructed under GP 2035 were not properly designed and sited to withstand strong ground shaking conditions, these structures could fail and cause harm to people or property in the immediate area. However, the policies of Goal S-3 address these issues, and the CBC requires specific design and soil compaction measures be implemented on a case-by-case basis such that impacts related to geology and soils would be less-than-significant, consistent with the conclusions of the GP 2035 EIR. The proposed digital billboards will receive any required building and grading permits prior to operation, which require any grading or construction onsite to meet all City and CBC requirements. Because the projects’ applicants would be required to comply with the CBC to reduce risks from seismic shaking, ground shaking, liquefaction and landslides, there would be no impact, as concluded in the GP 2035 EIR. Therefore, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the Project site, and geology and soils impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR.

There are no significant effects related to geology and soils impacts peculiar to the Project or Project site; additionally, there are no significant geology and soils impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)). b-f) Would the project result in substantial soil erosion or the loss of topsoil? Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? 336

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29 Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Although earth-moving activities could result in impacts related to soil erosion, unsuitable soils, or paleontological resources, and the extent and location of future ground disturbance are not known at this time, all activities would be carried out in compliance with GP 2035 EIR policies. Further, the CBC requires specific design and soil compaction measures be implemented on a case-by-case basis such that impacts related to geology and soils would be less-than-significant, consistent with the conclusions of the GP 2035 EIR. There will be no septic tanks or other waste disposal systems installed onsite. Mitigation Measure GEO7 identified in the GP 2035 EIR would similarly reduce potential impacts related to paleontological resources.

Compliance with all applicable requirements would reduce projects’ impacts to a less than significant level and would not result in new or substantially more severe impacts than identified in the Specific Plan EIR.

The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

4.7 Greenhouse Gas Emissions

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed the
GP 2035 EIR
VII. GREENHOUSE GAS EMISSIONS – Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
Setting
The “Existing Conditions” discussion in Section 3.7 of the GP 2035 EIR, “Greenhouse Gas Emissions,” describes the planning area and vicinity in terms of existing greenhouse gas (GHG) emissions and climate change (GP 2023 EIR). That discussion is hereby incorporated by reference and summarized below.

The specific chemical properties of GHGs enable them to become well mixed within the atmosphere and transported over long distances. Consequently, unlike other resource areas that are primarily concerned with localized (e.g., within 1,000 feet of a project site) project impacts, the global nature of climate change requires a broader analytical approach. Increases in fossil fuel combustion and deforestation have exponentially increased concentrations of GHGs in the atmosphere since the Industrial Revolution. The principle anthropogenic (human made) GHGs contributing to global warming are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated 337

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30 compounds, including sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), and perfluorinated carbons (PFCs). The global warming potential (GWP) of various GHG emissions is expressed on a normalized scale that recasts all GHG emissions in terms of carbon dioxide equivalent (CO2e), which compares the gas in question to that of the same mass of CO2 (CO2 has a global warming potential of 1 by definition). West Sacramento prepared an inventory in 2011 that indicated that West Sacramento residents and businesses generated approximately 447,387 metric tons CO2e. The transportation sector represents the largest source of community emissions (48 percent), followed by building energy consumption (36 percent) (GP 2035, p. 3.7-8).

The GP 2035 EIR concludes that implementation of GP 2035 would result in substantial GHG emissions and therefore significant and unavoidable impacts related to GHG emissions, as well as potential inconsistencies with policies and regulations that seek to reduce GHG emissions. The analysis noted that, while the City’s climate action plan (CAP) is still in draft form, it is anticipated to focus on reducing community emissions consistent with statewide GHG targets. The analysis also noted that, while GP 2035 did not propose any specific development projects, construction would occur as buildout of the planning area proceeds under GP 2035. The level of construction activities that would take place with implementation of GP 2035 was reported as unknown. While compliance with measures (e.g., limits on truck idling) would reduce GHG emissions, the GP 2035 EIR concludes that it may not be feasible in all cases to ensure that emissions would be below applicable thresholds, and the impact was determined to be significant and unavoidable.

More recently, the City created updated emissions forecasts for 2030 and 2045, with a forecast growth of 6 percent between 2018 and 2030 and a 20-percent increase between 2018 and 2045 without consideration of the actions being developed by the City as a part of a communitywide Climate Action Plan. In addition, existing and future land use data were updated and used to create a new estimate of vehicular travel demand (VMT), average daily travel along city streets, and GHG emissions under existing and future conditions. This new data shows a decrease in emissions through 2040 – mostly attributable to a decrease in mobile source emission due to improvements in vehicle technology and efficiency (SEIR, p. 3.7-7.).

Discussion
a, b) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Would the project generate conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
The digital billboards will not emit greenhouse emissions. The projects’ projected maximum construction and operational emissions are below the applicable threshold of significance. Because the digital billboards constitute a project associated with implementation of GP 2035, policies identified in the GP 2035 EIR would apply to all actions undertaken as part of the projects.

The proposed projects are entirely within the GP 2035 planning area and are located on sites that were anticipated by the GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed project is consistent with the development analyzed in the GP 2035 EIR, the proposed projects’ impacts would be within the scope of the GP 2035 EIR. Therefore, the proposed project would not result in new or substantially more severe impacts than identified in the Specific Plan EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed Projects are consistent with the GP 2035 land use designation for the Project site, and greenhouse gas emissions impacts associated with buildout were anticipated by and addressed in the GP 338

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31 2035 EIR/SEIR. There are no significant effects related to greenhouse gas emissions impacts peculiar to the Project or Project site; additionally, there are no significant greenhouse gas emissions impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.8 Hazards and Hazardous Materials

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
VIII. HAZARDS AND HAZARDOUS MATERIALS – Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport,
use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school?
d) Be located on a site that is included on a list
of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard or excessive noise for people
residing or working in the project area?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation plan?
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
Environmental Setting
The “Existing Conditions” discussion in Section 3.8 of the GP 2035 EIR, “Hazards and Hazardous Materials,” describes the planning area and vicinity in terms of hazards to the public’s health and safety (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below. 339

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32 West Sacramento has a substantial number of industries and activities that transport, store, and use toxic or hazardous chemicals, posing significant potential safety hazards. There are 50 facilities and activities in the planning area that store and/or use toxic materials. Additionally, there are 32 active open cleanup sites listed in the Geotracker database, and one active site listed in the Envirostor database. One site within the planning area is listed on the Department of Toxic Substances Control Cortese List. The Capitol Plating site is a former metal-plating facility located at 319 Third Street. Site assessment has been underway since 1999 and the status has been listed as Open-Inactive since 1999. The facility was demolished in 2005. (GP 2035 EIR, p. 3.8-8) West Sacramento is within the flight path of several airports. The closest public airport is the Sacramento Executive Airport, approximately 1.60 miles west of the southern portion of the City. Mather Airport is located approximately 15 miles east, Sacramento International Airport is approximately 5 miles north, and McClellan Airfield, formerly an Air Force base, is approximately 10 miles northeast of the City.

The GP 2035 EIR concludes that, with implementation of federal, state, and local regulations regarding the transport, use, and disposal of hazardous materials, development consistent with GP 2035 would not result in significant effects related to hazards. While multiple airports are within two miles of the planning area, no part of the planning area is within the safety zone of any airport. The GP 2035 EIR notes that, while future construction activities could cause temporary changes in emergency access, existing City requirements for construction projects require signage and an access plan to ensure accessibility during construction.

Discussion
a-g) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Would the project be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
The project sites are currently undeveloped. No streams or rivers will be affected or altered as a result of these projects. No new potable wells would be constructed as part of the projects. Potable water for the projects would be delivered by the City, which obtains its water supplies from the Sacramento River. In this 340

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33 context, the billboard projects are not expected to contribute to increases in the pumping of native or resident groundwater in the project vicinity or result in the migration of groundwater. Also, the projects do not involve the construction of any housing.

As noted above, the proposed projects would comply with all federal, state, and local regulations regarding hazardous materials. The potential environmental impacts of the proposed projects have been evaluated in the GP 2035 EIR. Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR, and will adhere to all GP 2035 requirements, the proposed project’s impacts would be within the scope of the GP 2035 EIR. Therefore, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed digital billboards are consistent with the GP 2035 land use designation for the project sites, and hazards and hazardous materials impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR. There are no significant effects related to hazards and hazardous materials impacts peculiar to the projects or project sites; additionally, there are no significant hazards and hazardous materials impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.9 Hydrology and Water Quality

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
IX. HYDROLOGY AND WATER QUALITY – Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
b) Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river or through the addition of impervious
surfaces, in a manner which would:
i) result in substantial erosion or siltation on
or off site;
ii) substantially increase the rate or amount
of surface runoff in a manner which
would result in flooding on or off site;
341

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34 Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
iii) create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff; or
iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project
inundation?
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Setting
The “Existing Conditions” discussion in Section 3.9 of the GP 2035 EIR, “Hydrology and Water Quality,” describes the planning area and vicinity in terms of surface water flow, groundwater, potential for flooding, and water quality (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The Sacramento River is the largest river in California, flowing along the east and northeast boundaries of the City.

According to the 1995 Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs), all areas within the planning area but outside the main waterways are mapped as Zone X—area protected from the 1 percent chance (100-year) flood by levee, dike, or other structures subject to possible failure of overtopping during longer floods. FEMA’s flood risk maps are being revised and based on the results of these studies, new draft revised FEMA maps are expected to show that all or parts of West Sacramento may neither meet 100-year flood standards nor 200-year level of flood protection required by the Central Valley Flood Protection Program (CVFPP) for urban areas (GP 2035 EIR, p. 3.9-23). West Sacramento is within the natural floodplain of the Sacramento River at the confluence with the American River and is surrounded on all four sides by a series of levees designed to provide flood protection. The river levees channelize the river into a fixed alignment by preventing future channel meandering and separating the channel from its historic floodplain. In light of the flood risk to West Sacramento, the West Sacramento Levee Improvement Program (WSLIP) is undertaking extensive measures to reduce risk and achieve a minimum of 200-year flood protection for the entire City within the existing levee system by improving the approximately 50 miles of levees protecting West Sacramento (GP 2035 EIR, p. 3.9-29).

The GP 2035 EIR concludes that development consistent with GP 2035 would not result in significant impacts related to hydrology and water quality, with the exception of placing housing units within the 100-year floodplain.

Impact WQ-8 noted that, while new development would occur within the existing levee system surrounding the City, some of these areas may not meet the 100-year and 200-year flood protection requirements. Policies in GP 2035, as well as requirements of other state and local programs, require all new development to demonstrate 200-year flood protection or to contribute in-lieu fees toward making physical improvements to the existing levee system.

However, it will be many years until the flood protection goal is achieved, meaning that new development may not have 100-year flood protection. Thus, this impact was determined to be significant and unavoidable.

The GP 2035 EIR notes that adherence to state and local regulations and GP 2035 policies would generally preclude significant hydrology and water quality impacts. In particular, construction activities pursuant to GP 2035 342

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35 may be required to prepare a SWPPP as part of compliance with the City’s National Pollutant Discharge Elimination System (NPDES) Construction General Permit.

Discussion
a-e) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: Result in substantial erosion or siltation on- or off-site? Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Impede or redirect flood flows? In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation?
Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
The proposed projects would not substantially affect hydrology and water quality. Construction activities associated with activities/improvements identified by the projects’ description could result in temporary construction impacts related to hydrology and water quality, consistent with the impact discussions provided in the GP 2035 EIR. But, as discussed above relative to the projects’ background, the proposed project is consistent with the approved GP 2035, including operating under an approved SWPPP. The proposed projects would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge, nor would it change the existing drainage pattern of the site or area in any way that was not previously analyzed in the GP 2035 EIR, although policies identified in the GP 2035 EIR would reduce but not prevent all impacts associated with their implementation, consistent with impact determinations made in the GP 2035 EIR.

The proposed projects are entirely within the GP 2035 planning area and is located in an area that was anticipated by GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed Project is consistent with the development analyzed in the GP 2035 EIR and will comply with all of its requirements, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and hydrology and water quality impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR. There are no significant effects related to hydrology and water quality impacts peculiar to the projects or project sites; additionally, there are no significant hydrology and water quality impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).
343

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36 4.10 Land Use and Planning

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
X. LAND USE AND PLANNING – Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the purpose
of avoiding or mitigating an environmental
effect?
Setting
The “Existing Conditions” discussion in Section 3.10 of the GP 2035 EIR, “Land Use and Planning,” describes the planning area in terms of physical division of established communities, existing and proposed changes to land use and land use designations, conflicts with City land use policies and regulation, and conflicts with any applicable conservation plans (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The City has incidental take coverage under the Yolo Habitat Conservation Plan. Existing land uses in the City range from small single-family residences to industrial complexes and the Port of West Sacramento and high-rise offices along the Sacramento River waterfront.

The GP 2035 EIR notes that, although no change in the distribution of land use types is proposed, revisions to some land use designations would provide for more intensive development. Because GP 2035 includes numerous policies to avoid dividing established communities and ensure that new development remains interconnected, the EIR concluded that GP 2035 would not result in physical division of existing communities.

The GP 2035 EIR concludes that GP 2035 would not reduce the effectiveness of any plans or regulations that protect the environment and that GP 2035 additional policies also provide for environmental protection. Therefore, the GP 2035 EIR concludes that impacts related to GP 2035 conflicts with applicable policies and regulations intended to protect the environment would be less than significant.

Discussion
a) Would the project physically divide an established community? Both the East Gateway and West Gateway sites are considered infill sites and are would not physically divide the community. The project sites are also not located near any sensitive receptors.

The proposed projects are entirely within the GP 2035 planning area and is in a location that was anticipated by GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR and would be subject to all applicable regulations, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.
344

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37 The proposed projects are consistent with the GP 2035 land use designation for the project sites, and land use and planning impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR.

There are no significant effects related to land use and planning impacts peculiar to the projects or project sites; additionally, there are no significant land use and planning impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)). b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The City of West Sacramento General Plan 2035 serves as the primary planning document to regulate land use and development in the City. According to the City’s General Plan Land Use Element the project areas are designated as Commercial (West Gateway) & Riverfront Mixed Use (East Gateway). The proposed project sites are zoned Commercial (West Gateway) & Waterfront (East Gateway), respectively. The two zoning districts (commercial and waterfront) would allow freestanding signs to be erected (17.29.080.C Signage Allowances by Zone).

The proposed Projects are entirely within GP 2035 planning area and is in a location that was anticipated by GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed project is consistent with the development analyzed in the GP 2035 EIR, the proposed project would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and land use and planning impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR.

There are no significant effects related to land use and planning impacts peculiar to the Projects or Project sites; additionally, there are no significant land use and planning impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.11 Mineral Resources

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
XI. MINERAL RESOURCES – Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
Setting
The “Existing Conditions” discussion in Section 3.11 of the GP 2035 EIR, “Mineral Resources,” describes the planning area in terms of known mineral resources of value and natural gas resources (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below. 345

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38 Most of the planning area is designated as MRZ-1 (no significant mineral deposits), with a band of MRZ-3 (unknown) along the river. None of the planning area is designated as MRZ-2 (likelihood of significant mineral deposits).

The GP 2035 EIR concludes that because there are no mines regulated under the Surface Mining and Reclamation Act of 1975 (SMARA) or MRZ-2 areas of value to the region that occur in the planning area, no impact to known mineral resources would occur. Further, GP 2035 does not delineate any land uses within the planning area for mineral resource extraction; therefore, no impact related to development of land delineated for mining on a local general plan would occur with implementation of GP 2035.

Discussion
a,b) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposed project sites are classified Mineral Resource Zone 1 (MRZ-1) by the California Division of Mines and Geology, which means that no significant mineral deposits are present. The planning area analyzed in the GP 2035 EIR is not located in an area associated with mineral resources or mineral extraction.

Therefore, the proposed projects would have no impact on mineral resources or extraction. As such, the potential environmental impacts related to mineral resources and associated with implementation of the projects was fully analyzed and consistent with the finding in the GP 2035 EIR.

The proposed digital billboards are entirely within GP 2035 planning area and is in a location that was anticipated by GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and mineral resources impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR. There are no significant effects related to mineral resources impacts peculiar to the projects or project sites; additionally, there are no significant mineral resources impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)). 346

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39 4.12 Noise

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
XII. NOISE – Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive groundborne
vibration or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project expose people
residing or working in the project area to
excessive noise levels?
Setting
The “Existing Conditions” discussion in Section 3.12 of the GP 2035 EIR, “Noise,” describes the planning area in terms of City noise level standards, groundbourne vibration and groundbourne noise levels, ambient noise levels, and noise-sensitive land uses (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The project sites are adjacent to commercial and waterfront areas. The West Gateway site is adjacent to a motel which lies just east of the vacant parcel. The East Gateway site is not abutting any current business at this time.

There are no adjacent residential properties near the East and West Gateway sites.

Existing noise sources in the planning area include motor vehicle traffic, rail operations, aircraft overflights, motorized watercraft on the Sacramento River, industrial facilities, and events at Raley Field. Sensitive noise receptors typically include residences, religious facilities, schools, childcare centers, hospitals, long-term health care facilities, convalescent centers, and retirement homes. All these land use types, except hospitals, occur within the citywide planning area analyzed in the GP 2035 EIR/SEIR.

The GP 2035 EIR notes that policies outlined in GP 2035 would help to reduce the potential impacts of constructionand traffic-related noise on noise-sensitive land uses as well as potential increases in ambient noise levels.

However, mitigation of these potential future noise impacts may not be feasible in all cases. These impacts were determined to be significant and unavoidable.

From a planning perspective, fixed-source noise control issues focus upon two goals: to prevent the introduction of new noise-producing uses in noise-sensitive areas and to prevent encroachment of noise-sensitive uses upon existing noise-producing facilities. The first goal can be achieved by applying noise level performance standards to proposed new noise-producing uses. The second goal can be met by requiring that new noise-sensitive uses in near 347

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40 proximity to existing noise-producing facilities include mitigation measures to reduce noise exposure for the new noise-sensitive use (SEIR, p. 2.12-13).

Buildout of the updated General Plan and Specific Plan has the potential to expose existing and future noisesensitive uses to a variety of noise sources, including traffic noise, railroad noise, and other fixed and nontransportation noise (SEIR, p. 3.12-19). In order to address noise and vibration issues associated with build out of GP 2035, the GP 2035 EIR/SEIR implement a number of quantitative standards to address these issues, although GP 2035 notes that it may not be feasible in all cases to mitigate vibration to less-than-significant levels.

Discussion
a-c) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Would the project result in generation of excessive groundborne vibration or groundborne noise levels? For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The project sites are adjacent to commercial and waterfront areas. The West Gateway site is adjacent to a motel which lies just east of the vacant parcel. The East Gateway site is not abutting any current business at this time. There are no adjacent residential properties near the East and West Gateway sites.

The primary vibration-generating activities associated with the proposed billboard projects would occur when the infrastructure such as grading, utilities, and the placement of the support structure and the above ground support columns are constructed. Sensitive receptors are generally 100 feet from the construction sites.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and noise impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR. There are no significant effects related to noise impacts peculiar to the projects or project sites; additionally, there are no significant noise resources impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)). 348

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41 4.13 Population and Housing

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in GP
2035 EIR
XIII. POPULATION AND HOUSING – Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
Setting
The “Existing Conditions” discussion in Section 3.13 of the GP 2035 EIR, “Population and Housing,” describes the planning area in terms of population growth trends and housing trends and projections (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The planning area encompasses 21.4 square miles and had approximately 51,272 residents in 2015. According to 2000 and 2010 census data, West Sacramento’s population increased by 54 percent between 2000 and 2010; however, between 2010 and 2015, this trend slowed to 5.2 percent citywide. As noted above, SACOG projects the population of West Sacramento will reach 81,480 by 2035, an increase of approximately 30,208 residents or 59 percent from the 2015 population (West Sacramento 2016a:3.13-4).

Citywide, the California Department of Finance estimates indicate that there were 20,245 occupied housing units in 2020, and a vacancy rate of 3.4 percent. In 2023, there were a total of 21,411 housing units, of which 12,983 were single-family detached units, 1,057 were single-family attached units, 1,237 were multifamily structures with two to four units, 4,687 were multifamily structures with five or more units, and 1,447 were mobile homes. In 2023, the average household size countywide was approximately 2.58 people and SACOG projections indicate the average household size in West Sacramento is expected to decrease to 2.57 by 2035.

The GP 2035 EIR notes that the purpose of GP 2035 is to accommodate future population growth and development by responding to regional growth forecasts, and concluded that, although GP 2035 would not directly result in new homes or businesses that would substantially increase population growth in the planning area, it would indirectly result in population growth through individual developments and the extension of roads and other infrastructure improvements as the City becomes more completely developed. The EIR concludes that the impact is significant and unavoidable, and no mitigation is available to reduce this impact to a less-than-significant level.

The EIR notes that land use and zoning changes in GP 2035 do not propose specific development that would result in the displacement of existing housing units or residents and necessitate the construction of replacement housing elsewhere. Therefore, the GP 2035 EIR concludes that any impact on existing housing units would be less than significant, and no mitigation is required.
349

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42 Discussion
a-b) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The proposed projects are entirely within the GP 2035 planning area and is located in an area that was anticipated by GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR and will comply with all of its requirements, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and population and housing impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR. There are no significant effects related to population and housing impacts peculiar to the projects or project sites; additionally, there are no significant population and housing impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.14 Public Services

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
XIV. PUBLIC SERVICES
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Setting
The “Existing Conditions” discussion in Section 3.14 of the GP 2035 EIR, “Public Services,” describes the planning area in terms of available fire protection and emergency services, police protection services, and schools, parks, and libraries (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The project sites are currently served by the City’s fire and police departments. The applicant may pay impact fees for public services as part of the building permit process for the projects. There will be no impacts to public services 350

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43 with the addition of two digital billboards. The West Sacramento Fire Department (WSFD) provides fire administration, emergency operations, and fire prevention/hazardous materials services within the city. The average response time for the WSFD overall is 4:42 minutes from time of dispatch to arrival on scene. The West Sacramento Police Department (WSPD) is responsible for enforcing the laws of the State of California and local ordinances.

The planning area is served by the Washington Unified School District (WUSD), which provides primary, secondary, and high school education services to residents. As of 2014, WUSD had a total capacity of 10,393 students and enrollment of 7,444. WUSD is projected to continue growing, with a projected enrollment of 8,434 students in the 2023/24 school year. West Sacramento Parks and Recreation oversees the maintenance of 145+ acres of developed city parks. There are currently 33 parks, plazas, and playfields within the city, totaling 152.6 acres. GP 2035 sets a standard of 5 acres of parks per 1,000 residents—2 acres in neighborhood parks and 3 acres in community parks. With a projected population in 2035 of 81,480 residents, 407.4 acres of parks would be required to meet the City’s standard of 5 acres of parks per 1,000 residents—254.8 acres more than currently exist. The Yolo County Library offers library service to the entire planning area and the Arthur F. Turner Community Library is an 18,000-square-foot facility that provides library services to residents in the planning area.

The GP 2035 EIR notes that GP 2035 integrates population projections adopted by SACOG that extend the planning horizon to 2035. SACOG’s regional growth forecast predicts a population for the City of 81,480 by 2035, an increase of approximately 30,208 residents from the current 2015 population (GP 2035 EIR, p. 3.13-4). Consequently, the GP 2035 EIR points out that it is a reasonable expectation that population and housing within the planning area would increase the demands on all public services within the planning area, resulting in a reasonably foreseeable need for new or expanded facilities. GP 2035 sets forth goals and polices to ensure adequate levels of service and funding for public services as development occurs. Potential environmental impacts associated with construction or expansion of future public service facilities are typical of other land development impacts, including construction noise and potential temporary disruption of access, as well as potential impacts related to site-specific conditions, such as biological or cultural resources, depending on the site location. The GP 2035 EIR concludes that mitigation measures for impacts of implementation of GP 2035 as updated (Mitigation Measure CUL-2 [require appropriate treatment for inadvertent discovery of archaeological resources], CUL-3 [implement appropriate treatment for discovery of human remains], and WQ-3 [Implement a Hydromodification Management Plan (HMP) in accordance with the City’s Stormwater Permit) would ensure that impacts of construction or expansion of future police facilities would be less than significant.

Discussion
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:

Fire protection? Police protection? Schools? Parks? Other public facilities? The proposed digital billboards would not drive population growth beyond what was projected in the GP 2035 EIR, nor would it increase demand for schools or parks or other public services. Accordingly, the proposed projects would not substantially affect police services upon completion of the project.

EAST GATEWAY AND WEST GATEWAY DIGITAL BILLBOARDS
44 of its requirements, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the Project sites, and public services impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR.

There are no significant effects related to public services impacts peculiar to the projects or project sites; additionally, there are no significant public services impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.15 Recreation

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
XVI. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
Setting
The “Existing Conditions” discussion in Section 3.15 of the 2016 GP 2035 EIR, “Recreation,” describes the planning area in terms of existing recreational facilities and applicable plans and policies (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The GP 2035 EIR notes that there were 33 parks, plazas, and playfields in the city: 77.1 acres of community parks and 75.6 neighborhood parks and mini parks, totaling 152.7 acres. Based on a population of 51,272, the GP 2035 EIR notes that West Sacramento needed an additional 103.7 acres of parks to meet the 2003 Parks Master Plan standard of 5 acres per 1,000 residents. (GP 2035 EIR, p. 3.15-7) The GP 2035 EIR concludes that development consistent with GP 2035 would not result in population increases such that a substantial physical deterioration of existing facilities would occur. Because the 2003 Parks Master Plan requires the City to provide 5 acres of parks for every 1,000 residents, sufficient parkland would be provided so that deterioration of existing facilities would not be accelerated. The GP 2035 EIR notes that new recreational facilities would be constructed as part of the implementation of GP 2035. Construction of new facilities could result in environmental effects, but implementation of mitigation measures discussed throughout the GP 2035 EIR would reduce impacts to a less-than-significant level. Applicable mitigation measures include Mitigation Measures BIO-6, CUL-2, CUL-3, and WQ-3.
352

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45 Discussion
a-b) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The proposed projects would not add new population to the area although they would add a nominal amount of new employees during the construction of the billboards. Although the proposed billboard projects are not expected to impede access to recreational uses if construction would take place near recreational facilities, GP 2035 policies and mitigation measures would reduce impacts to less-thansignificant levels, consistent with the conclusions of the GP 2035 EIR.

The proposed projects are entirely within the GP 2035 planning area and is located in an area that was anticipated by GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR and will comply with all of its requirements, the proposed Project would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and recreation impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR. There are no significant effects related to recreation impacts peculiar to the projects or project sites; additionally, there are no significant recreation impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.16 Transportation

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed the
GP 2035 EIR
XV. TRANSPORTATION – Would the project:
a) Conflict with a program, plan, ordinance, or
policy addressing the circulation system,
including transit, roadway, bicycle, and
pedestrian facilities?
b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
353

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46 Setting
The “Existing Conditions” discussion in Section 3.6 of the GP 2035 EIR, “Transportation/Traffic,” describes the planning area in terms of the street and road system, traffic conditions, the bicycle and pedestrian system, and public transit (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

The digital billboards will not directly lead to an increase of traffic, though the project sites are located in close proximity to major arterials and highways. The proposed projects would not generate air traffic nor affect air traffic activities. The proposed projects would not remove, block, or otherwise interfere with existing bus turnouts or bicycle racks and would not conflict with adopted alternative transportation policies, plans, or programs.

The GP 2035 EIR concludes that implementation of GP 2035 would result in less-than-significant impacts related to deterioration of LOS on freeway ramps and segments because projects can pay into the I-5 Subregional Corridor Mitigation Program (SCMP). Caltrans agrees that payment of the SCMP fee would adequately mitigate a project’s impact on the state highway system. Additionally, the GP 2035 EIR concludes that implementation of GP 2035 would not have significant effects related to bicycle and pedestrian facilities, public transit, or air traffic.

The GP 2035 EIR concludes that implementation of GP 2035 would result in significant and unavoidable impacts related to deterioration of LOS at intersections and arterial and collector roads due to traffic volumes. The analysis noted that construction of additional lanes could provide adequate capacity, but that such expansion would not be appropriate for residential streets. The analysis also noted that while some roadways may exceed maximum desirable volume, it does not necessarily also mean an exceedance of acceptable LOS standards. Since the GP 2035 EIR was certified, however, LOS and traffic congestion is no longer considered an adverse physical environmental impact under CEQA (SEIR, p. 3.16-5.).

Discussion
a) Would the project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? The GP 2035 EIR found a less-than-significant impact related to policy conflicts (page 3.16-18), noting that the then-proposed Mobility Element of the General Plan focused on promoting, improving, and facilitating non-auto transportation, supported by complementary policies in the Land Use Element focused on promoting infill development, and the development of compact and mixed-use areas that support walking, bicycling, and transit service (SEIR, p. 3.16-6).

The proposed projects are entirely within the GP 2035 planning area and is at a location that was anticipated by the GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed Project is consistent with the development analyzed in the GP 2035 EIR/SEIR, the proposed Project’s impacts would be less than significant. Therefore, the proposed projects would not result in new or substantially more severe impacts than identified in the Specific Plan EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the Project site, and transportation/traffic impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR. There are no significant effects related to transportation/traffic impacts peculiar to the projects or project sites; additionally, there are no significant transportation/traffic impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe 354

EAST GATEWAY AND WEST GATEWAY DIGITAL BILLBOARDS
47 than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).
b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? CEQA Guidelines Section 15064.3(b) became effective in 2020, well after the certification of the GP 2035 EIR. CEQA Guidelines Section 15064.3(b) requires that a lead agency shall rely upon vehicle miles traveled (VMT) as the means of analyzing transportation impacts. As discussed above, the GP 2035 EIR evaluated transportation impacts using daily trips and LOS, not VMT.

The proposed digital billboards are entirely within the GP 2035 planning area and in a location that was anticipated by the GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR, the proposed projects’ impacts would be within those anticipated in the GP 2035 EIR. While the GP 2035 EIR did not specifically evaluate VMT, it did evaluate transportation and traffic impacts. Therefore, the proposed digital billboards would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed digital billboards are consistent with the GP 2035 land use designation for the project sites, and transportation/traffic impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR. There are no significant effects related to transportation/traffic impacts peculiar to the projects or project sites; additionally, there are no significant transportation/traffic impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).
c, d) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Would the project result in inadequate emergency access? The proposed amendments to the Circulation Diagram in the General Plan Mobility Element evaluated in the SEIR incorporated minor changes to the GP 2035 Circulation Diagram and text changes to reduce vehicular travel demand. There is no change in impact for the proposed projects compared to that addressed in the GP 2035 EIR. As discussed above in section 4.8 Hazards and Hazardous Materials, the proposed Project will not result in inadequate emergency access or interfere with an approved emergency evacuation plan.

The proposed digital billboards are entirely within the GP 2035 planning area and is at a location that was anticipated by the GP 2035 and its EIR to be developed with commercial and waterfront uses. Because the proposed Project is consistent with the development analyzed in the GP 2035 EIR, the proposed projects’ impacts would be less than significant. Therefore, the proposed projects would not result in new or substantially more severe impacts than identified in the Specific Plan EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and transportation/traffic impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR. There are no significant effects related to transportation/traffic impacts peculiar to the projects 355

EAST GATEWAY AND WEST GATEWAY DIGITAL BILLBOARDS
48 or project sites; additionally, there are no significant transportation/traffic impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.17 Tribal Cultural Resources

Significant
Impact
Peculiar to
Project or
Project Site
Significant
Impact due to
New
Information
Impact
Adequately
Addressed the
GP 2035 EIR
XVIII. TRIBAL CULTURAL RESOURCES
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
Code section 5020.1(k), or

b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe?

Setting
Consistent with requirements established by the passage of AB 52, which establishes a formal consultation process for California Native American Tribes for certain projects subject to CEQA, the GP 2035 EIR included an evaluation of potential impacts to tribal cultural resources, including consultation with interested tribes, as part of its analysis.

That discussion is hereby incorporated by reference and summarized below.

The GP 2035 EIR notes that project-level review would be required for all future projects, and that future projects would be consistent with GP 2035 and would comply with all state and local laws regarding cultural resources, including tribal cultural resources. However, because the impacts of individual future projects cannot guarantee that tribal cultural resources would not be adversely affected, the GP 2035 EIR concludes that impacts would be significant and unavoidable (Impacts CUL-2 and CUL-3). Mitigation Measures CUL-2 and CUL-3 dictate procedures to be implemented, including the treatment of resources, in the event of discovery, but would not reduce the impact to less-than-significant levels. Thus, all impacts from the 2035 GP EIR that addressed tribal cultural resources were concluded to be significant and unavoidable.
356

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49 Discussion
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a-b) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)? A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

The proposed projects are located on a vacant urban lot that has been disturbed. While certain activities identified within the proposed planning area, especially those that may involve the disturbance of previously undisturbed soils, could result in discovery of previously unknown tribal cultural resources, this is not likely to occur for the proposed projects as there are currently no plans to disturb any previously undisturbed soils. Regardless, should any such resources be discovered, Mitigation Measures CUL-2 and CUL-3 would be implemented, consistent with the impact discussions provided in the GP 2035 EIR. Mitigation Measures CUL-2 and CUL-3 identified in the GP 2035 EIR would similarly reduce impacts associated with implementation of the proposed projects but would not preclude potentially significant site-specific impacts, consistent with impact determinations made in the GP 2035 EIR.

Based on a Cultural Resources Assessment for the West and East Gateway sites provided by LSA, “no new resources were documented or observed within the project area. However, a small portion of the East Gateway property lies within the alignment of a previously recorded historic-era levee, which itself is a smaller segment of a historic district associated with the SRFCP. This previously recorded resource was identified during the survey, although its presence at this location which consists primarily of the western levee toe (or edge), is significantly smaller in height (2–3 feet) than described by Bowen (2021): “earthen levee [with] an average height of 15 feet and width of roughly 30–40 feet.”3 Based on this resource description and the observed portion identified during the field survey, a review of proposed project plans indicates the billboard installation would take place approximately 100 feet northwest of the western levee toe. Therefore, no direct impacts to the levee from project-related activity would occur”.

The potential environmental impacts related to cultural resources associated with the proposed digital billboards have been analyzed in the GP 2035 EIR, and pursuant to Section of the State CEQA Guidelines, no new information of substantial importance has been identified that would otherwise necessitate subsequent/supplemental environmental analysis. Because the proposed projects are consistent with the development analyzed in the GP 2035 EIR, the proposed projects’ impacts would be less than significant. Therefore, the proposed projects would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and tribal cultural resources impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR. There are no significant effects related to tribal cultural resources impacts peculiar to the projects or project sites; additionally, there are no significant tribal cultural resources impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe 357

EAST GATEWAY AND WEST GATEWAY DIGITAL BILLBOARDS
50 than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

• All significant cultural materials recovered will be subject to scientific analysis, professional curation, and a report prepared by the professional archaeologist according to current professional standards.

EAST GATEWAY AND WEST GATEWAY DIGITAL BILLBOARDS
51 4.18 Utilities and Service Systems

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
XVI. UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment, or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
b) Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry, and
multiple dry years?
c) Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate capacity to
serve the project’s projected demand in
addition to the provider’s existing
commitments?
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
Setting
The “Existing Conditions” discussion in Section 3.17 of the GP 2035 EIR, “Utilities and Service Systems,” describes the planning area in terms of wastewater, water, stormwater, and solid waste, and levels of service to meet the needs of existing and future development (GP 2035 EIR). That discussion is hereby incorporated by reference and summarized below.

Wastewater Treatment
The City is responsible for collection and conveyance of wastewater in the planning area, and Sacramento Regional County Sanitation District (SRCSD) is responsible for its treatment and disposal. The connection of the City’s wastewater collection system to the SRSCD system is via the 19-mile Lower Northwest Interceptor (LNWI) at the West Sacramento Transition Structure next to the Parlin Ranch subdivision in Southport. Wastewater is conveyed through a 120-inch-diameter gravity pipe to the South River Pump Station and then pumped under the Sacramento River in a force main to the Sacramento Regional Wastewater Treatment Plant (SRWTP), north of Elk Grove. The GP 2035 EIR concludes that the potential for exceedance of wastewater treatment requirements of the Central Valley Regional Water Quality Control Board was unlikely because: (1) the City’s wastewater collection system is connected to the SCRSD via the LNWI and all wastewater is treated at the SCRSD facility in Elk Grove; (2) GP 2035 includes 359

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52 policies to maintain, upgrade, and expand its wastewater collection system (Policies PFS-3.3, -3.4, and -3.5) and would establish an Enhanced Infrastructure Financing District (EIFD) under GP 2035 to provide financing for public capital facilities and other projects that provide significant benefits to the City; and (3) the Central Valley Water Quality Control Board would set the specific waste discharge requirements for any new or expanded wastewater treatment facility as part of its permit for that facility because future wastewater treatment facilities would be required by law to operate in compliance with any and all requirements of the Central Valley Water Board permits.

Therefore, the GP 2035 EIR concludes the impact would be less than significant.

The GP 2035 EIR notes that the projected population increase in the planning area would increase wastewater treatment demand on the SRWTP. However, SRSCD would not need to increase the capacity of the SRWTP before 2035 because the 2003 Wastewater Master Plan and 2003 Southport Sanitary Sewer Master Plan projections were based on a population exceeding the current 2035 population projection of 81,480. And with the installation of water meters and adoption of water conservation mandates, SRCSD projects that per capita consumption will fall by approximately 25 percent over the next 20+ years, and that the existing capacity of the SRWTP will be sufficient for the next 40+ years. GP 2035 also contains goals and policies that would reduce the amount of wastewater generated and mitigate impacts on existing service (Goal PFS-1 and Policy PFS-1.1; Goal PFS-3 and Policies PFS-3.1 and -3.2). For these reasons, the GP 2035 EIR concluded this impact would be less than significant.

Water
The planning area is served by diversions from the Sacramento River in accordance with the City’s appropriative right with the state as well as water available under contract with the U.S. Bureau of Reclamation (Reclamation).

The combined maximum available water supply from these sources is 23,600 af per year (AFY) in an average year.

Most of the planning area is served by the North Delta Water Agency (NDWA). The City intends to provide groundwater as a backup supply with sufficient capacity to meet the demands of the northern portion of West Sacramento outside the NDWA’s boundary.

The GP 2035 EIR notes that the existing water treatment plant has adequate treatment capacity and would not require expansion because the plant has an existing treatment capacity of 58 mgd. The City’s 2010 Urban Water Management Plan (UWMP) projected an increase in potable water demands based on buildout condition to 52 mgd, and the 2015 UWMP, which was finalized just prior to certification of the GP 2035 EIR, projected a maximum demand of 54.3 mgd. The GP 2035 EIR also concludes that the Water System MP update, would establish the infrastructure necessary to provide the storage and transmission facilities to serve future development within the City. GP 2035 goals and policies (Goal PFS-2 and Policies PFS-2.3, -2.4, -2.6, and -2.8) would ensure an adequate level of service in the City's water system is maintained to meet the needs of existing and future development while improving water system efficiency. Therefore, this impact was determined to be less than significant.

As noted in the GP 2035 EIR, water demand in the planning area would increase as a result of population growth through implementation of GP 2035. The 2010 UWMP identifies a water demand of 13,107 AFY in 2010 and estimates 2035 demand to increase to 23,920 AFY. However, due to uncertainties about the reliability of the water supply from the NDWA under all conditions, it is possible that water supplies would not be sufficient to meet the increased demand. Accordingly, this impact was determined to be significant and unavoidable in the GP 2035 EIR.

For the area outside the NDWA (i.e., that area served by the City’s appropriative right and Reclamation), water demand is estimated to reach 2.9 mgd, or 3,248 AFY. Historic water supply in this area, even during the Single Dry Year, has been more than 5,900 AFY. Accordingly, the increased demand would not exceed the available water supply. In addition, the City’s existing groundwater well and the planned new well in the Southport area would supply additional water in an emergency. Consequently, the water supply outside of the NDWA service area would be 360

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53 sufficient to meet the increased demand and the GP 2035 EIR determined the impact would be less than significant.

Stormwater
Stormwater is managed in West Sacramento primarily by Reclamation District (RD) 900 and the City and to a smaller extent by RD 537. Stormwater facilities have typically been constructed and paid for in association with new development and, with a few exceptions, are generally in good condition. The City’s storm water system discharge is permitted under a state-approved Stormwater Management Plan, which includes measures to control and reduce the potential for pollutants to enter the storm drain system and addresses stormwater from new development and redevelopment projects. For the purpose of addressing planned development in the Southport area, the Southport Drainage Master Plan was adopted in 1995. This document was updated in 2001 to address changes in the Southport Framework Land Use Plan and develop drainage impact fees on new development. Currently, the City does not have a drainage master plan for the rest of the planning area. The GP 2035 EIR notes that new or expanded stormwater drainage facilities would be necessary for buildout of development under GP 2035. The City would be required to comply with the requirements of its state-approved Stormwater Management Plan and GP 2035 goals and policies (Goal PFS-4 and Policy PFS-4.1 through PFS-4.11) to maintain an adequate level of service and prepare a citywide Stormwater MP. In addition, the City has developed Post-Construction Standards Plans that include volumetric and flow criteria that must be met by site design and hydromodification measures using the California Stormwater Quality Association guidelines and would be applicable to all significant redevelopments and new developments. With these measures in place, new facilities that must be built to accommodate redevelopment and new development are not expected to significantly affect existing drainage facilities. Nonetheless due to uncertainties about facility location and sizing, this impact was considered significant and unavoidable.

Solid Waste
For solid waste disposal, the planning area is served by Yolo County Central Landfill. The GP 2035 EIR notes that the Yolo County Central Landfill is expected to have adequate capacity until at least 2045. In addition, AB 341 requires the waste stream going to landfills to be reduced by 75 percent statewide and CalRecycle would implement strategies to meet this statutory goal through state-level measures and requirements. The County operates the Yolo County Central Landfill and is required by the conditions of its permit from CalRecycle to operate in accordance with state laws and regulations. In addition, GP 2035 includes goal and policies (Goal PFS-5 and Policy PFS-5.3 through PFS5.15) to minimize the generation of waste, increase recycling, and provide for the collection and disposal of solid waste. The GP 2035 EIR concluded the impact would be less than significant.

Discussion
a-e) Would the project require or result in the relocation or construction of new or expanded water, waste water treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Would the project result in a determination by the waste water treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
361

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54 Would the project generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
None of the actions or capacity increases that would result from the digital billboards would result in population growth or development beyond what was projected in the GP 2035 EIR.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and utilities and service systems impact associated with buildout were anticipated by and addressed in the GP 2035 EIR. There are no significant effects related to utilities and service systems impacts peculiar to the projects or project sites; additionally, there are no significant utilities and service systems impacts that were not analyzed or discussed in the GP 2035 EIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.19 Mandatory Findings of Significance

Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
XVII.MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat
of a fish or wildlife species, cause a fish or
wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects)?
362

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55 Significant
Impact Peculiar
to Project or
Project Site
Significant
Impact due to
New Information
Impact
Adequately
Addressed in the
GP 2035 EIR
c) Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly?
a-c) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory?
Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
As discussed in the topical sections throughout the Modified Initial Study, the proposed projects are consistent with GP 2035 and all potential impacts were adequately analyzed in the GP 2035 EIR and SEIR.

Because the proposed Project is consistent with the development analyzed in the GP 2035 EIR and would be subject to the policies and mitigation measures adopted in the GP 2035 EIR, the proposed project would not result in new or substantially more severe impacts than identified in the GP 2035 EIR. The criteria for requiring further CEQA review are not met under CEQA Guidelines Section 15168/15163.

The proposed projects are consistent with the GP 2035 land use designation for the project sites, and all potential impacts associated with buildout were anticipated by and addressed in the GP 2035 EIR/SEIR.

There are no significant effects peculiar to the projects or project sites; additionally, there are no significant impacts that were not analyzed or discussed in the GP 2035 EIR/SEIR or that substantial new information shows would be more severe than discussed in the GP 2035 EIR/SEIR (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)).

4.20 Conclusion
Based on the analysis presented above, the proposed East Gateway and West Gateway Digital Billboards are consistent with the GP 2035 land use designation for the project sites. There are no new or substantially more adverse impacts peculiar to the projects or project sites that were not analyzed in the GP 2035 EIR. As a result, no new environmental document is required, consistent with Public Resources Code § 21083.3 and State CEQA Guidelines Section 15183. 363

DIGITAL BILLBOARDS IN WEST SACRAMENTO
15183 56
APRIL 2024
5 References Cited
City of West Sacramento.2024. General Plan 2035 Policy Document. Available at:
638421374385370000 (cityofwestsacramento.org). Accessed: April 5, 2024.

City of West Sacramento. 2016. General Plan Update Draft Environmental Impact Report. Available at:
636445527395230000 (cityofwestsacramento.org). Accessed: April 5, 2024.

City of West Sacramento. 2023. General Plan Mobility Element and Bridge District Specific Plan Update.

Draft Supplemental Environmental Impact Report. Available at: Microsoft Word - Draft_GP_Supplemental_PublicReviewDraftEIR_11-21-2023.docx (cityofwestsacramento.org). Accessed: April 5, 2024.

City of West Sacramento Municipal Code. Chapter 17.29 (Signs). City of West Sacramento, CA Table of Contents (ecode360.com)
Light Analysis (East Gateway). Use of Digital Display in Sacramento, CA. Media Resources. Provided on October 4, 2023.

Light Analysis (West Gateway). Use of Digital Display in Sacramento, CA. Media Resources. Provided on October 4, 2023.

Biological Resources Evaluation for the West Sacramento Digital Billboards Project, Yolo County, California (LSA Project Number: 20231414). Provided on February 13, 2024.

Cultural Resources Assessment for West and East Gateway Digital Billboards, West Sacramento, California (LSA Project No. 20231414). Provided on April 19, 2024. 364

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
365 Revised 2011

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 13
SUBJECT:

CONSIDERATION OF RESOLUTION 24-53 APPROVING AMENDMENTS TO THE FISCAL YEARS 2023/24 AND 2024/25 O&M BUDGETS AND DELEGATION OF AUTHORITY TO

EXECUTE CONTRACT WITH QUESTICA, LTD FOR BUDGET SYSTEM, DIGITAL

BUDGET BOOK, AND TRANSPARENCY PORTAL IMPLEMENTATION
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Roberta Raper, Finance Director
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide Council with sufficient information to adopt Resolution 24-53 approving an amendment to the FY 2023/24 and FY 2024/25 O&M budgets and to authorize the City Manager to execute a five-year contract with Questica, Ltd. for implementation of a budget system, digital budget book, and financial transparency tool.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve Resolution 24-53 Approving Amendments to the FY 2023/24 and FY 2024/25 O&M budgets; and
2) Authorize the City Manager to execute a five-year contract with Questica, Ltd. for implementation of a budget system, digital budget book, and financial transparency tool.

BACKGROUND
The City has used spreadsheets and/or in-house developed budget systems since its incorporation over thirty years ago. In 2018, a new budget system was designed and developed to allow for better intake and tracking of budget requests and CIP project budgets; however, that system does not integrate with the City’s ERP, Finance Enterprise, requiring a significant amount of manual work and many, many hours to calculate available funding capacity in the City’s 200+ funds, review and consider requests for funding against those available balances, and to reconcile and update the two systems multiple times each year when a budget review process takes place.

Over the past several years, Finance and IT staff have tested several budget and transparency systems, including Open Gov, Clear Gov, Adastra Gov, the budget system within the City’s existing ERP, Finance Enterprise, and others. No system, however, was found to fully address the City’s needs, including a tool to develop the labor budget and cost proposed changes through labor negotiations, ability to request new budget items through a “decision package” type format, ability to develop a digital budget book automatically once the budget is adopted, and a transparency tool to allow citizens and others to “dig in” to the budget in more detail and see how City funds, including tax measure funds, are being spent.

In 2021, Finance attempted to implement ClearGov for the transparency tool and digital budget book; however, the ClearGov budget system did not work for the City’s needs. Ultimately, the implementation was unsuccessful.

ANALYSIS
Recently, the Capital Projects Director attended a conference and was impressed by the Questica, Ltd. budget system. Finance and Capital Projects department staff attended a demo of the product, and all parties agreed that this budget system and transparency tool would work well for the City without significant changes to the current budget process. Additionally, Questica has already developed integrations with Finance Enterprise, allowing for approved budgets to automatically post to the financial system and available fund balances to pull into the budget system automatically. The system has a robust labor budget tool which also integrates with Finance Enterprise, pulling current data at any time, allowing the system to be used to cost proposed changes to wages and benefits, PERS rates, and other proposed changes accurately and easily. The Questica system also allows for creation of a digital budget book, transparency tool, project “stories”, and tracking and reporting of performance measures, all from data that exists within the system and/or data pulled from the ERP through the built-in integrations.
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Consideration of Resolution 24-53, Questica, Ltd contract May 15, 2024

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West Sacramento City CouncilMay 15, 2024

West Sacramento City Council
May 15, 2024