Agenda packet, regular meeting — West Sacramento City Council, December 4, 2024 (part 3 of 4)

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Chapter 10.34 SHARED MICRO MOBILITY

10.34.010 Micro-mobility operations permit.

A. No persons shall operate a micro-mobility business unless the person holds a valid micromobility operations permit issued in accordance with Chapter 5.30.

B. Micro-mobility operations permits are the property of the city and are not transferable.

10.34.020 Riding on sidewalks.

In accordance with California Vehicle Code Section 407.5, micro-mobility devices shall not be operated on the sidewalk.

10.34.030 Micro-mobility parking.

No person shall park a micro-mobility device in such a position that obstructs the normal movement of traffic or prohibits the free use on the street and sidewalk.

Chapter 10.36 TRUCKS

10.36.010 Route restrictions.

A. No person shall operate a commercial vehicle, as defined by Vehicle Code Section 260, having a manufacturer’s gross vehicle weight rating of ten thousand pounds or more, on a street within any residence district, as defined in Vehicle Code Section 515.

B. The council may, by resolution, prohibit or permit the operation of such commercial vehicles on any city street.

C. The city traffic administrator shall cause to be erected and maintained appropriate signing designating streets on which the operation of such commercial vehicles is permitted.

D. This section does not prohibit any such commercial vehicle coming from an unrestricted street having ingress and egress by direct route to and from a restricted street when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on the restricted street or for the purpose of delivering materials to be used in the actual bona fide repair, alteration, remodeling or construction of any building or structure upon the restricted street, for which a building permit has previously been issued, in accordance with Section 35703 of the Vehicle Code, nor does this section prohibit commercial vehicles used by a licensed contractor for the construction, maintenance or repair of public works projects.

E. The maximum total length of combinations of commercial vehicles operating upon city streets shall not exceed sixty feet. This limitation shall become effective upon the posting of appropriate signage in accordance with Section 35401(d) of the California Vehicle Code.

10.36.020 Parking restrictions.

B. In accordance with Section 22507.5 of the Vehicle Code, subsection A shall not be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on a restricted street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon a restricted street, for which a building permit has previously been obtained.
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C. No person shall park any trailer or semitrailer, as defined by Sections 630 and 550 of the Vehicle Code, respectively, upon any nonresidential street, alley, public right-of-way or public place, unless signs permitting the parking of such trailers or semitrailers are erected. For the purposes of this subsection, a nonresidential street, alley, public right-of-way or public place includes any street, alley, public right-of-way or public place located outside a residential zone, as defined by the city’s current zoning code. The parking manager is authorized to place such signs and establish time limits for such permitted parking if he or she finds that the public health, safety and welfare is not adversely affected by such change. The regulations of this subsection do not apply when such trailer or semitrailer, during the time it is parked, is attached to a motor vehicle capable of providing the motive power for moving the trailer or semitrailer upon the street, alley, public right-of-way or public place.

10.36.030 Exemptions—Public vehicles.

The provisions of this chapter do not apply to public buses or to any vehicle owned by a public agency or utility while operating in an official capacity.

10.36.040 Permit for excess weight and size.

The city traffic administrator, or their designee, is authorized to issue permits in accordance with the applicable provisions of the Vehicle Code for vehicles exceeding the weight and/or size and/or type limitations imposed by this title and the Vehicle Code. The fee for such permit shall be established by resolution of the council.

Chapter 10.38 OFF-STREET PARKING

10.38.010 Parking on private property.

It is unlawful for any person to park, permit to be parked, or allowed to be parked any vehicle:

A. Upon any privately owned property in the city without the consent of the owner or authorized agent of such privately owned property.

B. Upon any unimproved surface. An unimproved surface includes any surface which is not surfaced with a concrete, asphalt, masonry, turfstone, or another comparable durable and dustless surface, in accordance with Engineering Division specification.

C. Upon any vacant property within the city when such vehicle is offered for sale, excepting licensed car dealer sales lots.

The provisions of subsection B do not apply to vehicles displaying a parking permit to park on unimproved surfaces issued by the city manager or their designee or to vehicles parked on approved driveways or parking areas composed of dirt, gravel, or sand that are specifically exempt from surfacing requirements by the city’s zoning regulations (Title 17).

A citation may be issued to the registered owner of any vehicle found to be in violation of this section.

10.38.020 Parking on city property.

Whenever the parking manager determines that the stopping, standing or parking of vehicles on city property should be prohibited, limited or restricted, the parking manager shall have the power and authority to order signs or markings to be erected or posted indicating that the parking of vehicles is prohibited, limited or restricted.

When signs or markings authorized by the provisions of this title are in place, giving notice thereof, no person shall stop, stand or park a vehicle contrary to the directions of such signs or markings.

Any vehicle parked in violation of such signs or markings may be cited as provided in the Vehicle Code.
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10.38.030 Maintaining, dismantling, repairing vehicles on city property prohibited.

No person shall park a vehicle upon any city property for the principal purpose of maintaining, dismantling or repairing such vehicle, except repairs necessitated by an emergency.

10.38.00 Rates to be posted at parking facilities.

All persons engaged in the business of operating automobile parking facilities within the city, upon which a charge is made for parking of vehicles, shall post a notice of the schedule of rates to be charged to the public or persons desiring to park upon such facilities.

Such schedule of rates shall be posted in a conspicuous place at each entrance to any such parking facility and the rates to be charged shall be in words and figures of sufficient size so as to allow an operator of a vehicle desiring to park in any such facility to be notified of the rates chargeable for such service. Such notice shall be lighted at all times when the facility is open for business and there is insufficient natural light available to allow the operator of a vehicle to read it.

10.38.050 Municipal parking facility rates.

The rates for parking in municipal parking facilities shall be established by the city council by resolution.

10.38.060 Fees to be paid for parking in municipal facilities.

Except as specifically otherwise provided herein, no vehicle shall be parked in any municipal parking facility, including private parking facilities operated or managed by the city, at any time without payment of the established fees. Except as otherwise provided herein, such fees shall be collected from all persons desiring to park vehicles in such facilities, including the officers and employees of the city, the state, the United States of America, or any public or private firm or corporation, or any municipal, state or federal agency or any public district. No fee shall be charged to nor collected from any officer or employee of the city for the parking of a city-owned vehicle in an off-street parking facility at such times when such officer or employee is engaged in public business of the city. In addition, the city manager may authorize specified officers and employees of the city to park their private vehicles in designated off-street parking facilities during such times when the officers and employees are engaged in their official public duties.

All fees, rates and charges for the use of the facilities shall be collected from the owner, operator or person in charge of the vehicle desiring to park. It is unlawful for any person to willfully fail to pay the fees, rate and charges for the use of the municipal off-street parking facilities after having been given notice to pay.

No vehicle may be removed from any municipal parking facility until all fees, rates and charges have been paid and discharged, except as provided in subsection A of this section:

A. In the event that the person operating a vehicle parked in any municipal parking facility attempts to remove the vehicle from the facility but is unable to pay all fees, rates and charges due at such time, such person shall, prior to removing such vehicle from the facility, be required to sign an agreement to pay any unpaid fees, rates and charges. A copy of such agreement shall be given to the person signing the agreement. Such agreement shall set forth the location of the facility, the date and approximate time that the vehicle is removed, the name of such person, the vehicle license number, the registration expiration date, if visible, the last four digits of the vehicle identification number, if available, the color of the vehicle, and, if possible, the make of the vehicle.

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the city council, no later than thirty days after the date of such notice. In the event that such amount is not fully paid within such thirty-day period, a notice of parking violation for each day parked, requiring payment of a penalty in an amount established by resolution of the city council, shall be mailed to the vehicle’s registered owner. The above agreement shall include a reference to this section.

By entering a municipal parking facility and parking a vehicle in such facility, the owner, operator or person in charge of such vehicle shall be deemed to have consented to the provisions of subsection A of this section. Any notices required to be mailed under subsection A of this section, shall be deemed served on the day that they are deposited in the U.S. mail, first class, postage prepaid. The issuance and review of notices of parking violation and delinquent parking violation, and the liability for and payment and collection of parking violation penalties, shall be governed by Sections 40200 et seq. of the Vehicle Code.

10.38.070 Towing vehicles from municipal parking facilities.

The city may remove or cause to be removed any vehicles parked or left standing in any municipal parking facility under the following conditions

1. Any circumstance described in the Vehicle Code.

2. Any vehicle left on a municipal parking facility for more than seventy-two (72) hours without prior arrangements having been made with the parking manager.

3. Any vehicle with a registration expiration date in excess of six months.

4. Any vehicle parked, resting, or otherwise immobilized which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely.

10.38.080 Parking contrary to signs and markings in municipal parking facilities.

Parking contrary to signs and markings in any municipal parking facility is subject to citation under Section 10.38.030 of this chapter.

10.38.090 Impairing operation of mechanical gates controlling municipal parking facilities.

It is unlawful for any person to deface, injure, tamper with, or willfully break, destroy or impair the usefulness or normal operation of any mechanical gate, or its appurtenances, which control ingress to and egress from any municipal parking facility.

10.38.100 Municipal parking facilities—Restrictions on use.

It is unlawful and a misdemeanor for any person to enter, be upon, or remain upon the premises of any municipal parking facility, parking garage, parking lot, parking structure or other parking facility owned or managed by the city unless that person is on the premises for the purpose of parking a vehicle or retrieving a vehicle. This section shall not apply to city employees acting within the course and scope of their employment or any other person authorized to enter by the city
Chapter 10.40 INTERSTATE TRUCK TERMINAL ACCESS ROUTES

10.40.010 Purpose—Authority.

The purpose of this chapter is to establish a process for the designation and signing of truck terminal access routes as provided by state law, and to promote the general health, safety and welfare of the public. This chapter is adopted pursuant to Vehicle Code Section 35401.5(d) and the city’s general police power. The city council finds that this chapter is necessary in consideration of public safety on, and preservation of, highways under the city’s jurisdiction. 283
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10.40.020 Definitions.

The following definitions apply to this chapter, and if any word or phrase used in this chapter is not defined in this section, it shall have the meaning set forth in the California Vehicle Code or, if not defined in the Vehicle Code, the meaning attributed to it in ordinary usage. “Terminal” means any facility at which freight is consolidated to be shipped or where full load consignments may be offloaded or at which freeway trucks are regularly maintained, stored or manufactured.
“Freeway truck” means a truck tractor and semitrailer combination, or truck tractor, semitrailer and trailer combination with a length as regulated and allowed by the Federal Surface Transportation Assistance Act of 1982, Public Law 97-424, 96 Stat. 2097, 49 U.S.C. Section 2311 et seq., and as addressed by California Vehicle Code Section 35401.5. “Caltrans” means the Department of Transportation of the state of California, or its successor agency.
“Federally designated highway system” means those highways within the National System of Interstate and Defense Highways and those portions of federal-aid primary highways and federalaid urban system highways that have been qualified by the United States Secretary of Transportation for such uses.

10.40.030 Application—Requirements generally.

Any interested person requiring access for a freeway truck or trucks from the federally designated highway system along highways under the city’s jurisdiction to a terminal or terminals shall submit the following to the director of community development: a letter request and such further information as may be required by the city manager.

10.40.040 Application—city action.

Upon receipt of the letter request, the city traffic administrator will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for a terminal, as defined. Upon his or her approval of the terminal facility, he or she will then determine the capability of the route requested and alternate routes, whether requested or not.

Determination of route capability will include a review of adequate turning radius and lane widths of ramps, intersections, streets and highways, general traffic conditions such as sight distance, speed and traffic volumes, and other considerations as deemed relevant by the director of public works. The city will also need to consider coordination and terminal access route approval with the California Department of Transportation (Caltrans). The city will acknowledge receipt of the request and identify the time frame for response. The city and Caltrans shall act on request with ninety (90) days of receipt. Based on these considerations, the director of community development will then approve or disapprove a terminal access route. Follow-up questions from the traffic administrator regarding the letter request and applicant’s response to follow-up questions may extend the approval or disapproval response timeline.

10.40.050 Fees and costs.

A. Upon the approval of the terminal designation and route by the director of community development, the applicant shall deposit with the city sufficient funds as estimated by the city traffic administrator to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the city on route to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, whichever the case may be. No terminal or route may be used until such signs as may be required are in place.

B. Notwithstanding subsection A of this section, a fee will not be charged if the applicant is a terminal operator.
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10.40.060 Retrofitting.

A. If all feasible routes to a requested terminal are found unsatisfactory by the director of community development, the applicant may request retrofitting of the deficiencies. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the city or by a contractor acceptable to the city.

B. When the work is to be done by the city, the applicant shall deposit with the city the estimated cost of retrofitting. Adjustments between the estimated and actual costs shall be made after completion of the work and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, whichever the case may be.

C. If at any time within five years from the date of completion of the retrofitting by the applicant, should any other applicant seek terminal access route approval which would use the route upon which such retrofitting was accomplished, any such applicant’s fee may include that applicant’s proportionate share of the retrofitting, as determined by the city traffic administrator, which fee shall be disbursed by the city to the applicant who paid for the retrofitting as well as to any other applicant who contributed to the cost of retrofitting.

10.40.070 Revocation or Changes of route.

The director of community development may amend or revoke any approved terminal or terminal access route if the terminal or route becomes an unreasonable traffic hazard for vehicular or pedestrian traffic. A traffic hazard includes the inability of freeway trucks to negotiate the route or such vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

10.40.080 Appeal process.

If the director of community development denies terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant or terminal owner, within fifteen days following the date of receipt of the decision, may appeal the decision to the city council in writing in accordance with the procedure set forth in Chapter 1.08. The appeal shall state specifically whether there was an error or abuse of discretion by the director of community development or whether his or her decision is not supported by the evidence in the record. Within five days of receiving notification that the appeal has been filed, the city traffic administrator shall transmit to the city clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the written decision, and all other relevant documentation. The city council will then reconsider the decision and either affirm or reverse it. The city council’s decision shall be final.

10.40.090 Enforcement.

Any violation of this ordinance shall be prosecuted in accordance with the provisions of Division 17 of the California Vehicle Code and other applicable law.

10.40.100 Routes designated.

The director of community development designates the following roadway segments as terminal access routes in accordance with Vehicle Code Section 35401.5(d).

1. Carlin Drive between Oates Street and Ramco Street;

2. Channel Drive between Seaport Boulevard and its westerly terminus;

3. Del Monte Street between Harbor Boulevard and Terminal Street;

4. E Street between West Street and Railroad Crossing;

5. Embarcadero Drive between Riverside Parkway (N) and Riverside Parkway (S);

6. Enterprise Boulevard between West Capitol Avenue and Channel Drive;

7. F Street between Jefferson Boulevard and Railroad Crossing;

8. Harbor Boulevard between Evergreen Avenue and Industrial Boulevard; 285
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9. IKEA Court between Reed Avenue and its southerly terminus;

10. Industrial Boulevard between Enterprise Boulevard and Lake Washington Boulevard;

11. Jefferson Boulevard between Sacramento Avenue and F Street;

12. Lake Washington Boulevard between Industrial Boulevard and Southport Parkway;

13. Oates Street between Carlin Street and Ramos Drive;

14. Overland Court between Industrial Boulevard and its southerly terminus;

15. Parkway Boulevard between Industrial Boulevard and its southerly terminus;

16. Promenade Street between Ramos Street and Southport Parkway;

17. Ramco Street between Southport Parkway and Promenade Street;

18. Ramos Drive between Oates Street and Promenade Street;

19. Reed Avenue between Riverside Parkway and Sunset Avenue;

20. Riverpoint Court between Harbor Boulevard and its westerly terminus;

21. Riverside Parkway between Reed Avenue and Stillwater Road;

22. Sacramento Avenue between Sunset Avenue and Jefferson Boulevard/Kegle Drive;

23. Seaport Boulevard between Parkway Boulevard and its westerly terminus;

24. Shore Street between Front Street and Del Monte Street;

25. Southport Parkway between Promenade Street and Lake Washington Boulevard;

26. Stillwater Road between Reed Avenue and Riverside Parkway;

27. Terminal Street between Front Street and Industrial Boulevard;

28. West Street between F Street and E Street;

29. West Capitol Avenue between Enterprise Boulevard and Northpoint Drive.

Notwithstanding the application process set forth in this chapter, freeway trucks may use these access routes without the need to apply for designation of the route. The city traffic administrator is directed to ensure that appropriate signage is installed along these routes.

Chapter 10.44 PREFERENTIAL PERMIT PARKING

10.44.010 Purpose and authority.

In order to protect such residents and promote commercial well-being in affected areas, it is necessary to enact the preferential permit parking system established by this chapter.

The city council enacts the ordinance codified in this chapter in accordance with the authority granted by Article XI, Section 7 of the California Constitution, and pursuant to Vehicle Code Section 22507 which authorizes cities to designate certain streets for preferential parking.

10.44.020 Findings.

The preferential parking system established by this chapter will relieve the adverse effects caused by motor vehicle congestion by:

A. Protecting the ability of residents in certain areas of the city to obtain parking near their residences and ensure access to their residences;
B. Preserving the residential character of such areas and neighborhoods, which character has been compromised due to the presence of commuter vehicles; C. Preserving the value of property in such areas and neighborhoods; D. Protecting the safety of children and other pedestrians in such areas; and E. Promoting traffic safety, peace, good order, comfort, convenience and the general welfare of the inhabitants of the city.

The above findings of the city council support the need for enactment of the ordinance codified in this chapter and is not meant to be an exhaustive list. 286
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10.44.030 Definitions.

For purposes of this chapter, the following words and phrases are defined as follows:
“Commuter vehicle” means a motor vehicle parked in a preferential parking area by a person not a resident thereof.
“Customer vehicle” means a motor vehicle parked for a period of less than two consecutive hours in a preferential parking area by a customer of a commercial establishment located therein. “Dwelling unit” means a house, apartment, or other residence with an assigned address as used by the U.S. Postal Service or as shown on the city’s address system. “Leases” means pays rent or other remuneration for the use of real property as lessee’s place of business.
“Motor vehicle” includes an automobile, truck, motorcycle or other motor driven form of transportation not in excess of ten thousand pounds gross weight. “Nonresident permit” means a permit issued by the parking manager to allow parking of a commuter vehicle in a preferential parking area where the city council has, by resolution, authorized the use of such permits.
“Occupancy rate” means the ratio of available parking spaces to the number of vehicles parked in such spaces.
“Owns” means having acquired at least one-quarter of the fee interest in a parcel of real property within a preferential parking area.
“Preferential parking area” means an area designated as provided in this chapter wherein motor vehicles displaying a valid permit as described herein shall be exempt from the time limit parking regulations or certain parking prohibitions.
“Preferential parking permit” means any vehicle, visitor, or temporary permit issued for the purpose of parking in a preferential parking area.
“Resident” means a person who dwells within the preferential parking area on a permanent basis.
“Resident vehicle” means a motor vehicle parked in a preferential parking area by resident.

10.44.040 Designation, modification and deletion of preferential permit parking areas.

A. The city council may, by resolution, designate any area as a preferential permit parking area, or modify or delete an existing preferential permit parking area. The resolution shall state the boundaries of the area, applicable parking regulations, and fees, if any, to be charged upon permit issuance.

10.44.50 Criteria for designation, modification, and deletion of preferential parking areas.

A. An area shall be deemed eligible for consideration as a preferential parking area if, based on a recommendation by the parking manager and the following factors, the area is found to be adversely affected by commuter vehicles for any extended period during the day or night, on weekends, or during holidays.

B. In determining whether an area identified as eligible for preferential permit parking may be designated as a preferential parking area, the parking manager and the city council shall take into account factors which include, but are not limited to the following:

1. The extent to which legal on-street parking spaces are occupied by motor vehicles during the period proposed for parking regulations;

2. The extent to which motor vehicles parking in the area during the period proposed for parking regulations are commuter vehicles rather than resident or customer vehicles; and

3. The extent to which parking spaces for customer vehicles and motor vehicles registered to residents cannot be met by the number of available off-street parking spaces.

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a substantial change in the character of the preferential parking area that impacts the need and desire for modification or deletion of the preferential parking area or a portion of the preferential parking area.

D. In determining whether an area identified as eligible for modification or deletion as a preferential parking area, the parking manager and the city council shall take into account factors which include, but are not limited to the following:

1. The boundaries of the area proposed for modification or deletion;

2. The extent of interest by the residents in a preferential permit parking area for deletion of the area as a preferential permit parking area;

3. The parking occupancy rate;

4. Whether there has been or will be a substantial change in the character of the preferential parking area that impacts the need and desire for modification or deletion of the preferential permit parking area or a portion of the preferential permit parking area;

5. The general consensus of property owners to modify or delete the preferential parking area or a portion of the preferential parking area.

10.44.060 Designation, modification, and deletion process.

The study of feasibility for establishment, modification, or deletion of a preferential parking area may be initiated by the city council or the parking manager based upon their own action or based upon petition of interested persons. After initiation of such a request, the process for establishment, modification or deletion of a preferential parking area is as follows:

A. The parking manager shall undertake a survey or study as deemed necessary to determine whether the area is eligible to be a preferential parking area.

B. Following the completion of surveys or studies to determine whether designation, modification, or deletion criteria are met, the city council shall consider the eligibility of the area under consideration for designation, modification, deletion as a preferential parking area. The city council shall also consider the boundaries of the proposed parking area as well as the proposed regulations on parking.

C. The parking manager shall recommend for or against the modification, deletion or designation of the area under study as a preferential parking area. Such recommendation may also include a list of recommended conditions and regulations applicable to any area proposed for modification, deletion or designation as a preferential parking area.

D. If the city council determines that a preferential parking area should be created, modified or deleted, it shall adopt a resolution establishing the program, modification or deletion of the area in question including the boundaries, parking regulations, fees, if any, and other appropriate conditions. Thereafter, the program shall be implemented as hereinafter provided.

10.44.070 Issuance of permits.

A. Preferential parking permits shall be issued under the direction of the parking manager.

Each permit shall state for which preferential parking area it is issued.

B. Preferential parking permits may be issued upon application of the following persons:

1. A resident of the preferential parking area who owns a motor vehicle;

2. A person who owns or leases commercial property and actively engages in business activity within a preferential parking area where the city council has authorized the issuance of such permits by resolution;

3. A non-resident person who pays the non-resident fee in those areas where the city council has authorized the usage of non-resident permits by resolution.

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proof of current residency, both of which shall reflect the address of the resident or owner to whom the permit will be issued.

10.44.080 Visitor permits.

The parking manager is authorized upon application to issue visitor parking permits to residents and owners of properties in a preferential parking area for use by transient visitors.

10.44.090 Posting of preferential parking areas.

Upon the adoption by the city council of a resolution designating a preferential parking area, the parking manager shall cause appropriate signs, markings or meters to be erected in the preferential parking area, prominently indicating applicable parking regulations and conditions.

Such parking regulations and conditions shall not apply until signs, markings or meters giving adequate notice thereof have been placed.

10.44.100 Display of permits.

Permits shall be displayed, while in the preferential parking area, in a manner determined by the parking manager.

10.44.110 Permit parking exemptions.

A. A vehicle displaying a valid preferential parking permit as provided for in this chapter shall be permitted to be parked in the preferential parking area for which the permit has been issued without being limited by posted time limits and paid parking regulations or without being limited by parking prohibitions which limit parking to residents.

B. A preferential parking permit shall not guarantee or reserve to the holder thereof an onstreet parking space within the preferential parking area.

10.44.120 Application for and duration of permit.

Preferential parking permits shall be valid for a period to be determined by the parking manager. Permits may be renewed upon reapplication in the manner required by the parking manager. Each application or reapplication for a preferential parking permit must contain information sufficient to identify the applicant, the residence address or address of real property owned or leased within a permit area, the license number of the motor vehicle for which application is made and such other information that may be deemed relevant by the parking manager.

10.44.130 Permit fees.

The fee for preferential parking permits shall be established by resolution of the city council.

10.44.140 Penalty provisions.

A. It is a violation of this chapter, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle contrary to the parking regulations and conditions established pursuant hereto. Such violation shall subject to civil penalty as specified in the resolution adopted by the city council.

B. It is a violation of this chapter for a person to falsely represent him or herself as eligible for a preferential parking permit or to furnish false information in order to obtain a permit. Any such violation shall subject the violator(s) to a parking penalty not to exceed the penalties set forth in Section 10.08.170 for infractions, and revocation of the person’s preferential permit(s) for one year. At the end of the one year period, the individual may apply for a preferential parking permit.

C. It is a violation of this chapter to use, or allow to be used, any preferential parking permit for commuter parking. Use of any preferential parking permit for commuter parking shall mean:
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issued; or (2) use of a preferential parking permit for the purpose of parking to go to one’s place of employment or educational institution. Use of a preferential parking permit for commuter parking shall constitute a violation of this chapter both by the person to whom the preferential parking permit was issued and by the registered owner of the vehicle upon which the preferential parking permit is displayed. This violation shall be subject to civil penalty as specified in the resolution adopted by the city council.

D. It is a violation of this chapter for a person to alter, copy, produce or otherwise bring into existence a facsimile or counterfeit preferential parking permit in order to evade the parking regulations of this chapter. It is also a violation to sell, transfer, exchange or assign any vehicle, visitor or temporary permit. Any such violation shall subject the violator(s) to a parking penalty not to exceed five hundred dollars ($500.00) and revocation of the person’s preferential permit(s) for one year provided that the proper documentation is submitted to obtain any renewal permits at the time of application.

10.44.150 Revocation of permits.

In the event a preferential parking permit is being used in a manner which violates this chapter, the parking manager may cancel the permit by issuing notice to the holder of the permit. In addition to canceling any preferential parking permit used in violation of this chapter, the parking manager may deny any further application for a preferential parking permit by any person who has used a preferential parking permit in violation of this chapter or any application for a preferential parking permit by any person for the residence in which such person resides for so long as that person continues to reside there. Any person aggrieved by such a determination made by the parking manager shall have the right to appeal to the parking manager within ten (10) days of such determination by filing an appeal with the city clerk pursuant to the process set forth in Chapter 1.08.

10.44.160 Severability.

If any portion of this chapter is invalid, all valid sections are severable from the invalid section(s) and shall remain in effect. If any section is invalid in one or more of its applications, the section shall remain in effect in all valid applications which are severable from the invalid applications.

Chapter 10.46 VALET PARKING

10.46.010 Definitions.

The following terms used in this chapter shall have the following meanings:
“Applicant” means a valet parking operator making an application for a permit. “Attendant” means a person who performs any service relating to valet parking. “Permit” means a permit which allows a person to provide valet parking. “Valet parking” means receiving a vehicle from the vehicle operator, whether or not a fee is charged, and parking it for the vehicle operator.
“Valet parking operator” means any person that provides valet parking. “Valet parking service zone” means a zone for which a permit has been issued pursuant to this chapter.

10.46.020 Requirement of permit.

A. No person shall solicit or engage in valet parking unless the person holds a permit issued by the city.

B. This requirement shall not apply to any person that provides parking solely on its premises and does not use a valet parking service zone for valet parking. 290
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10.46.030 Use of permit.

A permit shall authorize a valet parking operator to use a designated valet parking service zone for valet parking subject to the provisions of this chapter and the regulations established by the parking manager under this chapter. The valet parking operator shall not interfere with the use of the designated valet parking service zone for the loading or unloading of passengers by persons other than the valet parking operator as permitted by this chapter.

10.46.040 Regulations.

The parking manager shall establish regulations to facilitate the administration and implementation of this chapter. A copy of the regulations shall be provided to each applicant upon submission of an application.

10.46.050 Application for permit.

A. An application for a valet parking permit shall be made on a form provided by the parking manager. The completed application shall be signed by the applicant and by the owner of the business to be served by the applicant and submitted to the parking division. A separate application and permit shall be required for each business location to be served. Each application shall be accompanied by a fee in an amount set by resolution of the city council.

B. The applicant shall provide all of the information required by the application, which shall include, but not be limited to, the following: the specific days and hours of operation requiring use of the valet parking service zone, justified by traffic conditions and business operations of the owner; the routes proposed to be used in transporting vehicles from the valet parking service zone to the fixed parking locations that will be used by the valet parking operator to park its client’s cars; proof that the valet parking operator has the legal right to use the fixed parking location to park its client’s cars; proof that all insurance requirements established by the city and set forth in the regulations are satisfied; and other factors the city traffic administrator, the parking manager, or designee(s), determines relevant to the necessity and justification for use of the valet parking service zone.

10.46.060 Approval/administration of permit.

The parking manager shall approve an application for a valet parking permit unless the parking manager determines any of the following:

A. The application fails to provide the information required by this chapter or by the permit application form; or
B. The submitted route for transporting vehicles from the valet parking service zone to the fixed parking location is unsafe or inappropriate; or
C. The proposed valet parking operation would be detrimental to the public health, safety and welfare.

10.46.070 Non-transferability and term of permits.

Permits are not transferable or assignable. Permits shall be valid for no more than one year and may be renewed annually upon completion of an application for renewal and payment of an annual renewal fee.

10.46.080 Prohibition of using on-street parking.

Valet parking operators shall not utilize on-street parking spaces, whether metered or not, for valet parking.
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10.46.090 Administrative penalties.

A. The parking manager may issue an order imposing an administrative penalty to any person violating any provision of this chapter or the regulations established by the parking manager.

B. The administrative penalty for each violation of any provision of this chapter or the regulations established by the parking manager shall be one thousand dollars ($1,000.00).

C. The administrative penalty order shall be imposed in accordance with the provisions of Chapter 1.12 of this code.

10.46.100 Revocation/non-issuance of permit.

The parking manager may revoke a valet parking operator’s permit and/or deny approval of an application for renewal of the operator’s permits if the operator violates this chapter or any regulation established by the parking manager.

Section 5. Amendment. Sections 12.12.010, 12.12.020, 12.12.030, 12.12.080,

12.12.090, 12.12.120, 12.12.130, 12.12.150, 12.12.180, and 12.20.240 of the West Sacramento Municipal Code are hereby amended to read as follows:

Chapter 12.12 – PARKS AND RECREATION FACILITIES

12.12.010 Purpose of provisions.

The purpose of this chapter is to establish the rules, regulations and policies for the orderly use of Parks and Recreation facilities for the general enjoyment of the community.

The regulations contained herein shall not prohibit any person authorized by the city manager from the normal exercise of requested, assigned or contracted duties.

12.12.020 Definitions.

The following words and phrases used in this chapter have the meanings indicated in this section unless the context clearly indicates otherwise:
"Alcoholic beverage" means alcohol, spirits, liquor, beer, wine or any other liquid which contains one-half of one percent or more of alcohol by volume.
"Amplified sound" means sound projected and/or transmitted by electronic means including amplifiers, loud speakers, microphones or similar devices which are intended to increase the volume, range, distance or intensity of sound.
"Building" means and includes those buildings or recreation facilities, or any portion thereof, under the supervision of the department of parks and recreation. "Camp" or "camping" includes:

1. Occupying for living or sleeping purposes a camper, trailer, motor home or other vehicle equipped for human habitation;

2. The erection of any tent or other shelter; or

3. The arrangement of sleeping bags or other bedding for the purpose of, or which will permit, remaining overnight.
"Charitable purposes" means the use, actual or represented, of money or property for:

1. The benefit in any manner of poor, impoverished, destitute, underprivileged, needy, sick, refugee or crippled persons;

2. The relief or assistance of any veteran or the benefit of any veterans organization or association or any purpose purporting to aid the general welfare of any state or nation;

3. Civic purpose such as social or cultural functions or the improvement or beautification of any state, city or other community;

4. The benefit of any fraternal or social organization or association;

5. The benefit of educational institutions or for the education of any person or group of persons; 292
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6. The benefit of youth service organizations.
"Children's playground area" means and includes park areas which are specifically designed and include equipment for use by children.
"City manager" means the city manager or the city manager's designee. "Commercial activity" means the selling, offering for sale, or solicitation for immediate or future delivery or performance of any goods, wares, merchandise or services of any kind, including, but not limited to, food and beverages in any park or building, but shall not include magazines, books, newspapers, periodicals or pamphlets.
"Cosponsored" means activities that provide specific organized recreation/community services for participants and for which the department of parks and community services shares the responsibility for the activity with other community agencies and/or organizations or individuals. "Decibel" or "dBA" means a unit which denotes the ratio between two quantities which are proportional to power (the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base of ten is this ratio), as measured by the "A" weighted sound pressure level obtained by meter at slow response, with a reference pressure or twenty microPascals.
"Designated area" or "building" means an area or building specifically designed or equipped for special uses and set aside for such uses.
"Fundraising" means and includes the act of making a request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for charitable purposes (as the term "charitable purpose" is defined herein) or for any other purpose other than that of pecuniary profit.
"Nonprofit organization" means any group or persons associated for scientific, literary, educational, recreational, leisure services, benevolent or other nonprofit purpose not of pecuniary profit.
"Parks" means and includes all parks, parkways, malls, plazas, greenbelts, gardens, lakes, boating facilities, ponds and any other property owned by the city, including structures thereon, and used, operated or maintained for recreational purposes whether passive or active. The term "owned" includes any property or interest under which the department of parks and recreation operates, maintains or controls said property. The term also includes any property owned or kept by the city as open space, utility easements or rights-of-way, including undeveloped sites for future parks.
"Person" means and includes persons, individuals, associations, groups, partnerships, firms and corporations.
"Picnic" means the consumption of food and/or beverage outdoors. "Residential property" means a parcel or real property which is developed and used either in part or in whole for residential purposes other than transient uses such as hotels and motels. "Sponsored" means activities organized by the city and over which it retains responsibility. "Supervisor" or "park supervisor" means the superintendents of parks and community services for the city.
"Vehicle" means and includes gasoline, electric or other fuel-powered or human or animal powered devices by which any person or object may be propelled, moved or drawn, including gocarts, minibikes, model boats and model airplanes.

12.12.030 Use Restrictions.

No person shall:

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B. Use any amplified sound in a park, except as provided in this chapter without first obtaining an amplified sound permit. This prohibition shall not apply to the personal use of music or media devices or to broadcasts from emergency vehicles or personnel; C. Engage in any commercial activity in any city park or building. This prohibition does not apply to commercial activity carried on pursuant to a lease or concession contract with the city or to a nonprofit organization pursuant to a city fund-raising permit issued therefor; D. Engage in any fundraising activity in any city park or building, except pursuant to a permit issued therefor as provided in this chapter; provided, however, that funds may be raised for organizational dues or to defray the cost of the activity by a nonprofit organization or cosponsored activity without first securing a permit;
E. Use, or interfere with the use of, any city park or building or portion thereof which at the time is reserved by a permit for the use of any other person or group; F. Reserved.

G. Possess, serve or consume alcoholic beverages of any kind within any city park or building, except as may be expressly conditioned by permit;
H. Bring or permit to remain within any park any domesticated animal, except securely leashed and under control, nor fail to promptly remove to an appropriate receptacle fecal matter deposited by such animals. Domesticated animals shall be prohibited from city buildings except Seeing Eye dogs or other specially trained dogs to assist handicapped or disabled persons; I. Possess, discharge or shoot any firework, firearm, model rocket or bow and arrow in any park, except as may be expressly conditioned by permit; provided, however, that slingshots, airguns, firecrackers and other such devices potentially harmful to park visitors are prohibited in all parks;
J. Play or practice golf in any area not expressly designated for such use; K. Swim or wade in any area not expressly designated for such use; L. Bring or permit to remain within any park or building any livestock or exotic undomesticated animals except as may be expressly conditioned by permit; M. Hunt, kill, chase, wound, tease, molest or capture any wild or domestic bird or animal in a park, except chasing or capturing of one's own animal, nor remove or have in his or her possession the young, eggs or nest of any such creature; N. Intentionally remove, break, injure, deface or disturb any material, equipment, structure, building or improvement, nor cut, dig up, pick, remove or destroy any turf, tree, plant, shrub, bloom or flower in a park;
O. Contaminate in any way any water, fountain, pools, lakes, rivers, other water supply or wash any clothing or cooking utensils in any such waters in a park; P. Dispose of trash or garbage not accumulated within park areas, nor dispose of trash or garbage accumulated within park areas other than in receptacles provided for this purpose; Q. Start or maintain fires in parks other than in "on-site" barbecue pits or personal portable barbecues within designated picnic areas, nor fail to extinguish live coals or fires before leaving the picnic area;
R. Open, expose or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose; S. Use, operate or leave standing, whether attended or unattended, any vehicle or motorized objects in a park, except as provided in this chapter;
T. Camp in any city park, parking area, or building without a use permit therefor as provided in this chapter;
U. Remain or loiter in any park or building between one hour after sundown and six a.m. except as expressly conditioned by permit;
V. Enter, be or remain in any city park or building unless he or she complies with all regulations set forth in this chapter or procedures adopted pursuant thereto; W. A maximum load limit of ten thousand pounds allowed on the Broderick Boat Ramp facility. 294
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12.12.080 Types of Permits.

The following types of permits are expressly required where applicable:

A. Facility Use Permit. This permit is the basic permit for the exclusive, restricted use of a park or building or portions thereof.

B. Amplified Sound Permit. In addition to any other permit required by this chapter, the use of amplified sound in any park or building requires such a permit and shall be subject to the following regulations:

1. No person shall use amplified sound except between sunrise and sunset unless otherwise expressly conditioned in the permit;

2. No sound shall be amplified except human speech or music, or both;

3. No amplified sound may exceed a noise level of eighty-four dBA, at a distance of thirty-five feet from the noise source(s), or exceed fifty-five dBA on residential property. The provision of this paragraph shall not apply to the use of any amplified sound by any peace officer, or employee of the city, while engaging in the performance of his or her duties.

C. Fundraising Permit. In addition to any other permit required by this chapter, any nonprofit organization desiring to raise funds in any park or building shall first obtain a fund raising permit.

Fund raising permits must be approved for issuance by the Parks, Recreation, and Intergenerational Services Commission and are not subject to the time limitations of Section

12.12.070.

D. Parking Permit. No person shall park a vehicle in a city park parking lot in a city park where a parking permit is required without obtaining a parking permit in accordance with all posted signage and subject to space availability.

E. Parking Permit Fees. The parking permit fees at city parks shall be established by resolution of the city council.

12.12.090 Priority reservations.

Organized member groups of the Athletic Roundtable shall be considered for priority issuance of park use permits over any other use, except for programs sponsored or cosponsored by the city, or conducted under agreement with the city.

A. Priority consideration hereunder shall include the revocation of existing conflicting use permits if application by the member group is made not less than thirty days before the earliest use date of the conflicting permit which is to be revoked.

B. Priority consideration hereunder extends only to park facilities designated for scheduled use of the type requested.

C. Conflicting use permit requests by two or more members of the Athletic Roundtable shall all be treated as nonpriority requests.

D. For the purpose of this section, the Athletic Roundtable is a group of local youth league presidents/directors within the city limits of West Sacramento in which 90% of their participants are West Sacramento youth residents.

12.12.120 Appeal of permit revocation or denial.

An applicant may appeal the revocation or denial of any permit under this chapter to the city Parks, Recreation, and Intergenerational Commission, who may affirm, reverse or amend the action. The appeal must be filed in writing within three business days of the decision to revoke or deny the permit. The decision of the city Parks, Recreation, and Intergenerational Commission may be further appealed to the city council in accordance with the uniform appeals and hearings procedure as established by Chapter 1.08.

12.12.130 Fees.

Such fees as may be established from time to time by the P, Recreation, and Intergenerational Commission and approved by the city council for the use of city parks and buildings shall be 295
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collected at the time of issuance of permits, and no permit for which a fee has been established shall be issued if such fee has not first been paid. The schedule of fees shall be reviewed annually by the Parks, Recreation, and Intergenerational Commission and adopted by resolution of the city council.

12.12.150 Motorized vehicles.

While within the boundaries of any city park, no person shall:

A. Drive or operate any motorized vehicle or craft except in areas specifically designated, or as expressly conditioned by permit;
B. Park, stand or stop any motorized vehicle except in areas specifically designed as parking areas, or as expressly conditioned by permit;
C. Park, stand or stop or otherwise allow his or her vehicle to remain within the park during the hours the park is closed, whether the park is physically restricted or not, except as may be expressly conditioned by permit;
D. Wash, detail, repair, maintain or dismantle any vehicle; E. Drive or operate any motorized vehicle contrary to the Vehicle Code, except as may be expressly conditioned by permit.

12.12.180 Facility use schedule.

The city manager or his or her authorized designee shall promulgate a schedule which shows uses and capacities of each park or building. Such schedule shall be approved by the city Parks, Recreation, and Intergenerational Commission and adopted by resolution of the city council.

12.12.240 Violation—Penalty.

A. Except as provided in subsection B and E of this section, a violation of any provision of this chapter or any rule or regulation adopted pursuant to it is a misdemeanor, punishable as set forth in the city's general penalty law.

B. Malicious injury or destruction of any real or personal property which constitutes vandalism under Penal Code Section 594 is subject to prosecution under that section, punishable as either a misdemeanor or a felony, as provided therein.

C. The city manager or the city manager's authorized designee shall have the authority to amend, modify, suspend or revoke a use permit upon finding of violation.

D. The city manager or the city manager's authorized designee may close or cause to be closed any city park, building, recreation area or portion thereof, and remove all persons therefrom when in the city manager's judgment such closing will best preserve the public peace, prevent damage to public property or quell or prevent violent disturbance. The city manager or the city manager's authorized designee may also cause to be removed any and all persons whose presence on the premises is disruptive to the normal and safe use and enjoyment of the premises.

E. A violation of sections 12.12.150 B, C, and D shall be an infraction punishable by fine as established by resolution of the city council.

Section 6. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Section 7. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento. 296
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PASSED AND ADOPTED by the City Council of the City of West Sacramento this 20th day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST: Approved as to form:

Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY____X_______ UNCODIFY____________
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Proposed Redline Edits to Municipal Code Chapters 9.28, 12.12 and Title 10 Chapter 9.28 AGGRESSIVE SOLICITATION

9.28.030 Prohibited acts.

It is unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services:

A. In an aggressive manner in a public area;
B. In any public transportation vehicle, or bus station or stop; C. Within fifteen feet of any entrance or exit of any bank or check cashing businesses or within fifteen feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility;
D. On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or
E. From any operator of a motor vehicle that is in traffic on a public street, including, but not limited to major intersections in the city and near freeway on and off-ramps, whether in exchange for cleaning the vehicle’s windows, or for blocking, occupying, or reserving a public parking space, or directing the occupant to a public parking space; this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle. or to any person when such person is authorized by the city manager or designee to direct motor vehicles to a parking space.

Title 10 VEHICLES AND TRAFFIC
Chapter 10.04 GENERAL PROVISIONS AND DEFINITIONS

10.04.010 Title.

The ordinance codified in this title shall be known as the “Uniform Traffic CodeVehicles, Traffic and Mobility Ordinance” and may be cited as such and will be referred to herein as “this title.”

10.04.020 Purpose.

It is the intent of the city council in adopting this title to provide a comprehensive method for the identification and enforcement of the traffic, mobility and parking regulations within the city.

10.04.030 Construction.

Provisions of this title are supplementary and complementary to all of the provisions of this code, state law, and any law cognizable at common law or in equity, and nothing 298
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in this title shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to enforce traffic laws or regulations.

10.04.040 Applicability.

The provisions of this title apply generally to all property throughout the city wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this title, but which is duly authorized under any city, state or federal law, shall not be deemed to violate this title.

10.04.050 Exemptions.

The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to the following:

A. Any vehicle of a police or fire department, any public ambulance, or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the Vehicle Code in response to an emergency call.

B. Any parking enforcement vehicle while such vehicles are being used in parking enforcement and traffic control. As used in this section the term “parking enforcement vehicle” means any vehicle used by an authorized official of the city for traffic control or during the enforcement of parking and registration regulations pursuant to the chapters of this code and the Vehicle Code.

C. Any vehicle owned or operated by the United States Postal Service while in use for the collection, transportation, or delivery of United States Mail.

D. Any vehicle of a city department or public utility while necessarily in use for construction or repair work, or while responding to an emergency.

The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the police or fire department, any public ambulance, or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the Vehicle Code in response to an emergency call.

10.04.060 Definitions.

A. The following words and phrases, when used in this title, shall have the meanings respectively ascribed to them in this section:
“City manager” means the city manager or designee.
“Commercial vehicle” means as defined by Section 260 of the Vehicle Code of the state of California, excluding any vehicle that is operated primarily for agricultural production purposes. This exclusion shall not be construed to include commercial vehicles used for the transportation of agricultural products. Pickup trucks and vans not exceeding one-ton rated capacity and which are used primarily for private noncommercial purposes are not considered commercial vehicles. 299
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“Construction zone” means any area on a street which is for the exclusive use of construction activities, including parking.
“Council” means the city council of the city of West Sacramento. “Curb” means the lateral boundary of the roadway, whether such curb is marked by curbing construction, or not so marked. The word “curb” as used in this title does not include the line dividing the roadway of a street from parking strips in the center of the street, nor the tracks or right-of-way of public utility companies. “Emergency” means those conditions described in the Vehicle Code or Municipal Code as emergencies.
“Light Rail Transit” also referred to as “LRT” refers to regional light rail passenger transit services using electric, hydrogen-electric hybrid, or other propulsion system with or without passenger cars coupled thereto, operated upon rails primarily off-street with right-of-way priority over motor vehicle traffic. LRT may also operate on-street with the flow of traffic; see “Streetcar”.
“Loading zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

The “Manual on Uniform Traffic Control Devices (MUTCD)” means that document referenced in 23 Code of Federal Regulations (CFR), Part 655, Subpart F and recognized as the national standard for all traffic control devices installed on any street, highway, bikeway, or private road open to public in accordance with 23 U.S.C. 109(d) and 402(a). This California Manual on Uniform Traffic Control Devices (California MUTCD) is published by the State of California, Caltrans and is issued to adopt uniform standards and specifications for all official traffic control devices in California, in accordance with Section 21400 of the Vehicle Code. The California MUTCD (“CAMUTCD”) incorporates the latest edition of Federal Highway Administration’s Manual on Uniform Traffic Control Devices and shall be the standard for all official traffic control devices within the State of California, under Section 11340.9(h) of California Government Code and Section 21400 of Vehicle Code.
“Official Time Standard.” Whenever certain hours are named in this title, they mean standard time or daylight-saving time as may be in current use in the city. “Ordinance” means the ordinance, rule or regulation adopted by the city relating to the movement of traffic, and enforcement thereof.
“Parking enforcement officer” means an individual authorized by the city to enforce parking and registration regulations pursuant to the chapters of this code and the Vehicle Code.
“Parking facility” means any space, plot, lot, garage, place, parcel, yard or enclosure or any portion thereof, where more than five motor vehicles can be parked, stored, housed, or kept, and which is available to the public for parking. “Parking meter” means any mechanical device or meter not inconsistent with this title placed or erected for the control or regulation of parking by the authority of this title. “Parking meter space” means any space within a parking meter zone, adjacent to a parking meter or controlled by a pay-by-space or pay-and-display machine or an authorized technology platform, which is duly designated for the parking of a single 300
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vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street.
“Parkway” means that portion of a street other than a roadway or a sidewalk. “Passenger loading zone” means the space reserved for the exclusive use of vehicles while receiving loading or discharging unloading passengers. “Pay-by-space/pay-and-display machine” means any mechanical/electronic device or mechanism not inconsistent with this title placed or erected for the control or regulation of multiple parking meter spaces by the authority of this titlethe city. “Police officer” means every officer of a duly constituted law enforcement agency. the police department of the city, or any officer authorized to direct or regulate traffic or make arrests for violations of traffic regulations.
“Railroad train” refers to long-distance heavy freight and/or passenger rail transportation system means using a steamdiesel-electric hybrid engine, electric or other propulsion systemmotor, with or without freight or passenger cars coupled thereto, operated upon rails, except streetcars with right-of-way priority over motor vehicle traffic.
“Streetcar” means any urban light rail passenger transit system device traveling operating on rails within a city or county street right-of-way. These systems typically operate with the flow of traffic and are subject to motor vehicle traffic control devices. exclusively upon rails.
“Traffic control devices” mean all signs, signals, markings, and other devices used to regulate, warn, or guide traffic, placed on, over, or adjacent to a street, highway, pedestrian facility, bikeway, or private road open to public travel by authority of the city. “Traffic control device” means any sign, road marking, signal or light placed for the purpose of directing and controlling the flow of vehicle, pedestrian or bicycle traffic. “Traffic enforcement unitdivision” means that division unit within the police department of the city.
“Traffic engineeringTransportation and Mobility Ddivision” means that division within the community development department of the city responsible for planning and coordination of public transit, micro-transit and ridesharing services, shared mobility devices, bicycle and pedestrian mobility, and traffic engineering services. “Transportation, Mobility and Infrastructure (TMI) Commission” means the Transportation, Mobility and Infrastructure (TMI) Commission of the city of West Sacramento.
“Vehicle Code” means the Vehicle Code of the state of California.

B. Whenever any words and phrases used in this title are not defined herein but are defined in the Vehicle Code of the state of California and amendments thereto, such definitions shall apply.

C. Masculine pronouns, such as “he” and “him,” are utilized in the text of this title for the sake of brevity, and are intended to refer to persons of either sex.

Chapter 10.08 ADMINISTRATION AND ENFORCEMENT

10.08.010 Traffic enforcement unitdivision—Established. 301
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There is established in the police department of the city a traffic enforcement division unit to be under the control of a supervising officer of police appointed by and directly responsible to the chief of police.

10.08.020 Traffic enforcement unitdivision—Duties.

It shall be the duty of the traffic enforcement divisionunit, with such aid as may be rendered by other members of the police department, to enforce the street traffic regulations of the city and all of the state vehicle laws applicable to street traffic in the city, to make arrests for traffic violations, to investigate traffic accidents and to cooperate with the other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the division by this title.

10.08.030 Parking manager – Position established.

The position of parking manager has been established. The parking manager shall be the city manager or his or her designee. He or she shall exercise the powers and duties as provided in this title and shall be responsible for parking functions of the city.

10.08.040 Parking manager – Powers and duties.

It shall be the general duty of the parking manager to manage the public on-street and off-street parking facilities, determine the location of parking and no-parking zones, parking meter zones, loading zones, transit and rideshare parking zones, make recommendations concerning parking rates, conduct parking studies, and other issues associated with parking of vehicles within the city.

10.08.030 050 City traffic administrator—Position established.

The position of city traffic administrator is established. The city traffic administrator shall be the city manager or his or her designee. The city traffic administrator shall be a licensed Civil Engineer or Traffic Engineer within the State of California and/or designated representative employed by the city to. He or she shall exercise the powers and duties as provided in this title. He or she shall be responsible for all traffic engineering division functions of the city.

10.08.040 060 City traffic administrator—Powers and duties.

It shall be the general duty of the city traffic administrator to determine the installation and proper timing and maintenance of traffic-control devices and signals, conduct engineering analyses of traffic accidents, devise remedial measures, conduct engineering and traffic surveys and studies of current and future traffic conditions, receive, evaluate and respond to concerns and complaints regarding traffic issues, sign plans for traffic control devices that will be placed in the field, cooperate with other city officials in the development of ways and means to improve traffic conditions and carry out the additional powers and duties imposed by ordinances of the city. 302
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B. Whenever the city traffic administrator is required or authorized to place or maintain official traffic-control devices or signals, he or she may cause such devices or signals to be placed or maintained.

C. The city traffic administrator shall develop administrative policies and procedures in regard to receiving, evaluating and responding to citizen concerns and complaints associated with traffic issues. The administrative policies and procedures shall be reviewed and approved by the city manager.

C. Whenever, by the provisions of this title, a power is granted to the city traffic administrator or a duty imposed upon him or her, the power may be exercised or the duty performed by a person authorized by him.

10.08.050 070 Traffic accident collision studies.

Whenever the accidents at any particular location become numerous, Tthe traffic enforcement division unit shall assist with and the city traffic administrator shall collaborate in conducting studies of such accidentstraffic collisions and determining remedial measures, as appropriate.

10.08.060 080 Traffic accident collision reports.

The traffic enforcement division unit and the traffic engineering division shall maintain a suitable system of filing traffic accident collision reports. Such reports shall be available for the use and information of the supervising officer of the traffic enforcement unitdivision and the city traffic administrator.

10.08.070 090 Emergency and experimental regulations.

A. The chief of police is empowered to make and enforce temporary or experimental regulations to cover emergencies or special conditions.

B. The city traffic administrator may test traffic control devices under actual conditions of traffic.

C. The chief of police may authorize the temporary placing of official traffic-control devices when required by an emergency. The chief of police shall notify the city traffic administrator of his or her action as soon thereafter as is practicable.

10.08.080 Traffic committee—Established—Organization.

A traffic committee shall be established consisting of the chief of police, or his or her representative, the director of public works, or his or her representative, and the fire chief, or his or her representative. Each department head sitting on the traffic committee may appoint one representative per year. Thereafter, replacement of department representatives shall be approved by the city manager. Only the department head or department heads representative may vote on the traffic committee.

10.08.090 Traffic committee—Powers and duties.
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It shall be the authority of the traffic committee to oversee the duties of the city traffic administrator and chief of police as related to the authority granted to them by this title; to suggest the most practicable means for coordinating the activities of all officers and agencies of the city having authority with respect to the administration and enforcement of traffic regulations; to initiate and assist in the preparation and review of traffic studies; to receive and respond to complaints regarding traffic matters; and to recommend to the city council of the city, to the supervising officer of the traffic enforcement division, to the city traffic administrator and to other city officials, ways and means for improving traffic conditions and the administration and enforcement of regulations. The traffic committee shall review and, except where city council approval is required, authorize the placement of certain traffic control devices, and signs as defined in this title.

10.08.100 Authority of police and fire department officials.

Officers of the police department and such persons as are assigned by the city manager or their designeechief of police are authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department or members of the fire department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this title or the Vehicle Code.

10.08.110 Enforcement—Statutory authority.

A. Any violation of this code shall be prosecuted in accordance with the provisions of Division 17 of the Vehicle Code this code, and other applicable laws.

B. The chief of police, any police officer, any parking enforcement officer, any community services officer, and any code enforcement officer of the city, and any persons authorized by the city manager who has received a course of training pursuant to Section 832 of the Penal Code of the state of California shall be authorized to enforce the provisions of this title in accordance with Section 836.5 of the Penal Code.

10.08.120 Unauthorized persons shall not direct traffic.

No person other than an officer of the police department, or members of the fire department, or a persons authorized by the city manager or chief of police, authorized personnel on construction projects, or a other persons authorized by law shall direct or attempt to direct traffic by voice, hand or other signal; except that a person may operate, when and as provided in this title, any mechanical pushbutton signal erected by order of the city traffic administrator.

10.08.130 Obstruction or interference with police or authorized officers.

A. No person shall interfere with or obstruct in any way any police officer or other officer or employee of the city in his or her enforcement of the provisions of this title.

The removal, obliteration, concealment of or tampering with any chalk mark or other distinguishing mark or method used by any police officer or other employee or officer of the city in connection with the enforcement of any regulation of this title shall, if done for 304
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the purpose of evading the provisions of this title, constitute such interference or obstruction.

B. No person shall willfully fail or refuse to comply with any lawful order of a police officer, fire department official, community services officer, parking enforcement officer, or any persons authorized by the city manager or chief of police when such person is directing traffic.

10.08.140 Street construction—Authorization—Traffic control.

No person shall perform work within the public right-of-way of any street without first obtaining a permit from the city’s community development department traffic administrator authorizing the work. Traffic control for street construction work shall be in accordance with the conditions of the permit and as directed by the city traffic administrator and, as a minimum, with the requirements of the latest edition of the California Manual on Traffic Control Devices (CA MUTCD).Department of Transportation Traffic Manual.

10.08.150 Violation—Penalty.

Except where otherwise specifically indicated in this title, violation of any provision of this title shall be punishable as an infraction in accordance with Chapter 1.12. 305
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10.12 TRAFFIC-CONTROL DEVICES

10.12.010 Placement and maintenance authority.

The city traffic administrator, subject to the review and approval of the traffic committee, and city council where indicated, is authorized to place and maintain or cause to be placed and maintained official traffic-control devices upon streets and highways to effect affect the provisions of this title and the CA MUTCD. or the Vehicle Code.

10.12.020 Placement prerequisite to enforcement.

No provision of the Vehicle Code or this title and the CA MUTCD for which official traffic-control devices are required shall be enforced against an alleged violator unless appropriate official traffic-control devices are in place giving notice of such provisions of the traffic laws.

10.12.030 Obedience required.

The Ddrivers of a vehicle, motorcycles, the person in charge of animals and the motorman operators of light raila streetcar, persons riding a bicycle, scooter, skateboard, horse, or other moving device, and all pedestrians shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with this title and the CA MUTCD unless otherwise directed by a police officer, subject to the exemptions granted by set forth in Section 10.04.050 of this title.

10.12.040 Installation.

A. The city traffic administrator, subject to the review of the traffic committee and approval of the city council where indicated, is authorized to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.

B. The city traffic administrator, shall ascertain and determine the locations where such signals are required by an engineering and traffic surveystudy, and his or her determinations shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the CA MUTCD.Department of Transportation Traffic Manual.

C. The city traffic administrator shall cause to erect and maintain at each signalcontrolled intersection street name signs clearly visible to traffic approaching from all directions.

10.12.050 Safety zones.

The city traffic administrator has the authority to establish safety zones of such kind and character and at such places as he or she may deem necessary for the protection of pedestrians.

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10.12.060 Traffic lanes.

The city traffic administrator has the authority to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.

10.12.070 Distinctive roadway markings.

The city traffic administrator, is authorized to place and maintain upon highways distinctive roadway markings as described in the Vehicle CodeCA MUTCD.

10.12.080 Removal or relocation of devices.

The city traffic administrator, subject to the review and approval of the traffic committee, and where indicated the city council where indicated, is authorized to remove, relocate or discontinue the operation of any traffic-control device not specifically required by the Vehicle CodeCA MUTCD or this title whenever he or she determines in any particular case that the conditions which warranted or required the installation no longer exist.

10.12.090 Hours of operation.

The city traffic administrator, is authorized to determine the hours and days during which any traffic-control device shall be in operation or in effect, except in those cases where such hours or days are specified in this title.

10.12.100 Unauthorized painting of curbs.

No person or agency, unless authorized by the city traffic administrator, shall paint any street or curb surface; including the painting of address numbers on curb faces.

Chapter 10.16 SPEED REGULATIONS

10.16.010 Applicability of state laws.

The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city except where the city council, upon the basis of an engineering and traffic survey, determines that other speed limit shall be applicable on specified streets or in certain areas, other than a state highway, as provided in this chapter.

10.16.020 Changes in speed limits.

A. Speed Limit Increases. Whenever the city council determines upon the basis of an engineering and traffic survey that a speed greater than twenty-five miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than state highway otherwise subject to a prima facie speed limit of twenty-five miles per hour, the city council may, by ordinance, declare a prima facie maximum speed limit of thirty, thirty-five, forty, forty-five, fifty, fifty-five, sixty or a maximum of sixty-five miles per hour, whichever is found the most appropriate to facilitate the orderly movement of vehicular traffic and is reasonable and safe. 307
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B. Speed Limit Decreases.

1. Whenever the city council determines upon the basis of an engineering and traffic survey that the limit of sixty-five miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of sixty-five miles per hour is applicable, the city council may, by ordinance, declare a prima facie speed limit of sixty, fifty-five, fifty, forty-five, forty, thirty-five, thirty or twenty-five miles per hour, whichever is found the most appropriate to facilitate the orderly movement of vehicular traffic and is reasonable and safe.

2. Whenever the city council determines upon the basis of an engineering and traffic survey that the limit of sixty-five miles per hour is more than is reasonable or safe upon any portion of a highway other than a state highway for a distance of not exceeding two thousand feet in length between districts, either business or residence, the city council may declare a reasonable and safe prima facie limit thereon lower than sixty-five miles per hour, but not less than twenty-five miles per hour.

3. Whenever the city council determines upon the basis of an engineering and traffic survey that the speed limit of twenty-five miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding twenty-five feet in width, other than a state highway, is more than is reasonable or safe, the city council may, by ordinance or resolution, determine and declare a prima facie speed limit of twenty or fifteen miles per hour, whichever is found most appropriate and is reasonable and safe.

4. Whenever the city council determines upon the basis of an engineering and traffic survey that the speed limit of twenty-five miles per hour when passing school buildings or grounds as established by Vehicle Code Section 22352 is more than is reasonable or safe, the city council may, by ordinance or resolution, determine and declare a prima facie speed limit of twenty or fifteen miles per hour, whichever is justified as the appropriate speed limit by such survey.

C. Speed limits established pursuant to this section shall be effective when appropriate signs giving notice thereof are erected upon said street or highway.

10.16.030 Regulation of speed by traffic signals.

The city traffic administrator is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and may erect appropriate signs giving notice thereof.

10.16.040 Speed limits on specified city streets.

The city clerk shall maintain a listing of the speed limit, street name and location for each speed limit changed pursuant to this chapter.
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Chapter 10.18 SPEED LIMITS

10.18.010 Findings.

A. Pursuant to Chapter 10.16 of the West Sacramento Municipal Code, on February 21, 2024, the city council of the city of West Sacramento reviewed and considered the engineering and traffic survey, and related information, attached hereto and incorporated by reference.

B. Based upon the review of the survey and related information, the city council finds that the following streets shall have the following posted speed limits:

Street From/To Recommended Speed
Limit
Kegle Drive Carrie Street and Anna Street 25
Lake Washington
Boulevard Stonegate Drive and Village Parkway 35
Lighthouse Drive Fountain Drive and A Street 35
Linden Road (East) Alder Way and South River Road 35
Marshall Road Marshall Road (West End) and Golden
Gate Drive 35
Merkley Avenue Westacre Road and Jefferson
Boulevard 25
Parkway Boulevard Industrial Boulevard and South End 35 Rice Avenue Harbor Boulevard and East End 30
Southport Parkway Ramco Street and Promenade Street 45
C. Pursuant to Chapter 10.16 of the West Sacramento Municipal Code, on September 27, 2023, the city council of the city of West Sacramento reviewed and considered the engineering and traffic survey, and related information, attached hereto and incorporated by reference.

D. Based upon the review of the survey and related information, the city council finds that the following streets shall have the following posted speed limits:

Street From/To Recommended Speed
Limit
Jefferson Boulevard Southport Parkway and city Limits
(South) 55
Park bBoulevard Jefferson boulevard and Stone
Boulevard 25
West Capitol Avenue Enterprise Boulevard and Northport
Drive 40
West Capitol Avenue Northport Drive and Harbor Boulevard 40 West Capitol Avenue Harbor Boulevard and Sycamore
StreetAvenue 35
West Capitol Avenue Sycamore StreetAvenue and Jefferson Boulevard 35
West Capitol Avenue Jefferson Boulevard and Grand Street 35 West Capitol Avenue Grand Street and 5th Street 35
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E. Pursuant to Chapter 10.16 of the West Sacramento Municipal Code, on April 19, 2023, the city council of the city of West Sacramento reviewed and considered the engineering and traffic survey, and related information, attached hereto and incorporated by reference.

F. Based upon the review of the survey and related information, the city council finds that the following streets shall have the following posted speed limits:

Street From/To Recommended Speed
Limit
Anna Street Bryte Avenue and Kegle Drive 25
Boatman Avenue Industrial Boulevard and Terminal
Street 25
Bryte Avenue Riverbank Road and Sacramento Ave 25
C Street 5th Street and city Limit 30
Carlin Drive Oates Drive and Ramco Street 35
Carrie Street Bryte Avenue and Kegle Drive 25
Cebrian Street Del Monte Street and Stone Boulevard 30
Channel Drive Seaport Boulevard and Channel Drive 35
Commerce Drive West eEnd and eEast eEnd 25
Davis Road Seymour Avenue and Jefferson
Boulevard 30
Douglas Street Lighthouse Drive and Sacramento
Avenue 25
Duluth Street Galveston Street and Harbor Boulevard 25
Evergreen Ave Pine Street and Harbor Boulevard 30
Evergreen Ave Harbor Boulevard and Coke Street 30
Front Street Shore Street and Terminal Street 25
Galveston Street Duluth Street and Houston Street 25
Golden Gate Drive Oakland Bay Drive and Promenade
Street 30
Golden Gate Drive Promenade Street and Marshall Road 30 Gregory Avenue Bevan Road and South River Road 45
Harmon Road Jefferson Boulevard and Antioch
Avenue 30
Hart Avenue Allen Avenue and Higgins Road 25
Houston Street West Capitol Avenue and Duluth Street 25 Higgins Road Linden Road and Hart Avenue 25
Higgins Road Hart Ave and Jefferson Blvd 25
Jefferson Boulevard West Capitol Avenue and 15th Street 35 Jefferson Boulevard Davis Road and Southport Parkway 55 Lighthouse Drive Fountain Drive and Kegle Drive 25
Maple Street West Capitol Avenue and Michigan
Boulevard 25
Merkley Avenue Sycamore StreetAvenue and Westacre
Road 25
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Street From/To Recommended Speed
Limit
Michigan Boulevard Pecan Street and Portsmouth Avenue 25 Michigan Boulevard Portsmouth Avenue and Jefferson
Boulevard 25
North Harbor Boulevard Riverbank Road and Reed Avenue 45 Northport Drive Commerce Drive and West Capitol
Avenue 30
Oakland Bay Drive Southport Parkway and Golden Gate
Drive (East) 35
Oates Street Carlin Drive and Ramos Drive 30
Pine Street West Capitol Avenue and Evergreen
Avenue 25
Poplar Street Evergreen Avenue and Michigan
Boulevard 25
Port Street Shore Street and Terminal Street 30
Promenade Way Ramos Drive and Golden Gate Drive 30
Ramco Street Southport Pkwy and south end terminus 35
Ramco Street Oates Street and Promenade Street 30
Riverbank Road North Harbor Road and Bryte Avenue 25
Seaport Boulevard West End and Parkway Boulevard 35
Shore Street Front Street and Del Monte Street 30
Stonegate Drive Lake Washington Blvd and Village
Parkway 35
Sutter Street West Capitol Avenue and north end
terminus 25
Sycamore Avenue West Capitol Avenue and Evergreen
Avenue 25
Terminal Street Del Monte Street and Industrial
Boulevard 30
Todhunter Avenue Anna Street and Sacramento Avenue 25
Westacre Road Michigan Boulevard and West Capitol
Avenue 25
3rd Street B Street and West Capitol Avenue 25
15th Street Jefferson Boulevard and South River
Road 30
G. Pursuant to Chapter 10.16 of the West Sacramento Municipal Code, on April 6, 2022, the city council of the city of West Sacramento reviewed and considered the engineering and traffic survey, and related information, attached hereto and incorporated by reference.

H. Based upon the review of the survey and related information, the city council finds that the following streets shall have the following posted speed limits:

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Street From/To Recommended Speed
Limit
Linden Rd. (North) Summerfield Dr. to Jefferson Blvd. 35 Linden Rd Stonegate Dr. to Alder Way 35
Del Monte St. Harbor Blvd to Cebrian St 35
Cummins St. Kegle Dr. to 6th St. 25
Sunset Ave. North Harbor Blvd. to Sacramento Ave. 35
Davis Rd. Jefferson Blvd. to Antioch Ave. 40
Davis Rd. Antioch Ave. to South River Rd. 40
Harbor Blvd. Reed Ave. to Rice Ave. 35
Jefferson Blvd. Sacramento Ave. to West Capitol Ave. 40 Jefferson Blvd. Stone Blvd. to Lake Washington Blvd. 45 Jefferson Blvd. Lake Washington Blvd to Linden Rd.
(South) 45
Jefferson Blvd. Linden Rd. (South) to Davis Rd. 45
Kegle Dr. Anna St. to Sacramento Ave. 25
Lake Washington Blvd. Jefferson Blvd. to Stonegate Dr. 35 Linden Rd. (South) Summerfield Dr. to Jefferson Blvd. 35 Linden Rd. Jefferson Blvd. to Stonegate Dr. 35
Sacramento Ave. Kegle Dr. to 6th St. 40
Southport Pkwy. Promenade St. to Marshall St. 45
Southport Pkwy. Marshall Rd. to Jefferson Blvd. 35
Enterprise Blvd. Seaport Blvd. to Channel Dr. 35
Riverside Pkwy. Reed Ave to Stillwater Rd. 35
6th St. Cummins Way to C Street 25
Embarcadero Dr. Riverside Pkwy. (N) to Riverside Pkwy.
(S) 30
F St. 8th St. to 2nd St. 30
Marshall Rd. Seymour Ave to Jefferson Blvd. 35
F St. Jefferson Blvd to 8th St. 35
I. Pursuant to Chapter 10.16 of the West Sacramento Municipal Code, on July 14, 2021, the city council of the city of West Sacramento reviewed and considered the engineering and traffic survey, and related information, attached hereto and incorporated by reference.

J. Based upon the review of the survey and related information, the city council finds that the following streets shall have the following posted speed limits:

Street From/To Recommended Speed
Limit
Enterprise Boulevard West Capitol Avenue to Seaport Blvd. 40 Gregory Avenue Jefferson Boulevard to Bevan Road 45
Harbor Boulevard Rice Avenue to West Capitol Avenue 35
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Street From/To Recommended Speed
Limit
Harbor Boulevard West Capitol Avenue to Industrial
Boulevard 35
Industrial Boulevard Enterprise Boulevard to Parkway
Boulevard 45
Industrial Boulevard Parkway Boulevard to Harbor Boulevard 45 Industrial Boulevard Harbor Boulevard to Stone Boulevard 45 Jefferson Boulevard 15th Street to Stone Boulevard 45
Lake Washington
Boulevard Stone Boulevard to Jefferson Boulevard 45
Reed Avenue Riverside Parkway to Sunset Avenue 40
Sacramento Avenue Sunset Avenue to Kegle Drive 40
Southport Parkway Ramco Street to Lake Washington
Boulevard 45
Stillwater Road Reed Avenue to Riverside Parkway 40
Stone Boulevard Park Boulevard and Jefferson Parkway 25 5th5th Street A Street to West Capitol Avenue 35
A. Pursuant to Chapter 10.16 of the West Sacramento Municipal Code, on March 21, 2007, the city council of the city of West Sacramento reviewed and considered the engineering and traffic survey, and related information, attached hereto and incorporated by reference.

B. Based upon the review of the survey and related information, the city council finds that the following streets shall have the following posted speed limits:

Street From/To Recommended Speed
Limit
Antioch Avenue Harmon Road to Bevan Road 35
Boatman Avenue Industrial Boulevard to Terminal
Street 25
C Street 6th Street to City Limit 25
Carlin Drive Oates Drive to Ramco Street 25
Cebrian Street Del Monte Street to Stone
Boulevard 35
Channel Drive Seaport Boulevard to West End 35
Commerce Drive West end to East end 25
Davis Road Seymour Avenue to Jefferson
Boulevard 35
Davis Road Jefferson Boulevard to Antioch
Avenue 40
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Street From/To Recommended Speed
Limit
Davis Road Antioch Avenue to South River
Road 40
Del Monte Street Harbor Boulevard to Cebrian
Street 30
Duluth Street Galveston Street to Harbor
Boulevard 35
Embarcadero Drive Riverside Parkway (N) to
Riverside Parkway (S) 30
Enterprise Boulevard West Capital Avenue to Seaport
Blvd. 40
Enterprise Boulevard Seaport Boulevard to Channel
Drive 35
Evergreen Avenue Pine Street to Harbor Boulevard 25
Evergreen Avenue Harbor Boulevard to Coke Street 25
F Street Jefferson Boulevard to 8th Street 25
F Street 8th Street to 2nd Street 25
First Street Sutter Street to West end 25
Front Street Shore Street to Terminal Street 30
Galveston Street Duluth Street to Houston Street 25
Golden Gate Drive Oakland Bay Drive to
Promenade Street 35
Golden Gate Drive Promenade Street to Marshall
Road 35
Gregory Avenue Jefferson Boulevard to Bevan
Road 45
Gregory Avenue Bevan Road to South River Road 40
Harbor Boulevard Reed Avenue to Rice Avenue 35
Harbor Boulevard Rice Avenue to West Capitol
Avenue 35
Harbor Boulevard West Capitol Avenue to Industrial
Boulevard 35
Harmon Road Jefferson Boulevard to Antioch
Avenue 40
Houston Street West Capitol Avenue to Duluth
Street 25
Higgins Road Hard Avenue to Jefferson
Boulevard 25
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Street From/To Recommended Speed
Limit
Industrial Boulevard Enterprise Boulevard to Parkway
Boulevard 45
Industrial Boulevard Parkway Boulevard to Harbor
Boulevard 45
Industrial Boulevard Harbor Boulevard to Stone
Boulevard 45
Jefferson Boulevard Sacramento Avenue to West
Capitol Avenue 40
Jefferson Boulevard West Capitol Avenue to 15th
Street 35
Jefferson Boulevard 15th Street to Stone Boulevard 45
Jefferson Boulevard Stone Boulevard to Lake
Washington Boulevard 45
Jefferson Boulevard Lake Washington Boulevard to
Linden Road (S) 45
Jefferson Boulevard Linden Road (S) to Davis Road 45
Jefferson Boulevard Davis Road to Southport
Parkway 55
Jefferson Boulevard Southport Parkway to City Limits 55 Lake Washington
Boulevard
Stone Boulevard to Jefferson
Boulevard 45
Lake Washington
Boulevard
Jefferson Boulevard to Stonegate
Drive 45
Lake Washington
Boulevard
Stonegate Drive to Village
Parkway 35
Lighthouse Drive Fountain Drive to A Street 35
Lighthouse Drive Kegle Drive to Fountain Drive 25
Linden Road (N) Summerfield Drive to Jefferson
Boulevard 35
Linden Road (S) Summerfield Drive to Jefferson
Boulevard 35
Linden Road (N) Jefferson Boulevard to Stonegate
Drive 35
Linden Road (N) Stonegate Drive to Alder Way 35
Linden Road (N) Alder Way to South River Road 35
Marshall Road Southport Parkway to Seymour
Avenue 35
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Street From/To Recommended Speed
Limit
Marshall Road Seymour Avenue to Jefferson
Boulevard 25
Merkley Avenue Sycamore Avenue to Westacre
Road 25
Merkley Avenue Westacre Road to Jefferson
Boulevard 25
Middle Street First Street to North end 25
North Harbor
Boulevard Riverbank Road to Reed Avenue 35
North Harbor
Boulevard City Limit to Riverbank Road 45
Northport Drive Commerce Drive to West Capitol
Avenue 30
Oakland Bay Drive Southport Parkway to Golden
Gate Drive (E) 35
Oates Street Carlin Drive to Ramos Drive 35
Park Boulevard Jefferson Boulevard to Stone
Boulevard 25
Parkway Boulevard Industrial Boulevard to South end 35
Port Street Shore Street to Terminal Street 25
Promenade Way Ramos Drive to Golden Gate
Drive 35
Ramco Street North end to Promenade Way 35
Ramco Drive Oates Street to Promenade Way 35
Reed Avenue Riverside Parkway to Sunset
Avenue 40
Rice Avenue Harbor Boulevard to East end 30
Riske Lane West Capitol Avenue to South
River Road 35
Riverbank Road North Harbor Road to Bryte
Avenue 25
Riverside Parkway Reed Avenue to Stillwater Road 40
Sacramento Avenue Sunset Avenue to Kegle Drive 40
Sacramento Avenue Kegle Drive to 6th Street 35
Seaport Boulevard West end to Parkway Boulevard 35
Shore Street Front Street to Del Monte Street 30
South River Road West Capitol Avenue to Riske
Lane 35
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Street From/To Recommended Speed
Limit
South River Road Riske Lane to 15th Street 35
South River Road 15th Street to end (S) 35
South River Road South River Road at Jefferson to
Linden Road 40
South River Road Linden Road to Davis Road 40
South River Road Davis Road to Gregory Avenue 40
South River Road Gregory Avenue to City Limits 45
Southport Parkway Ramco Street to Lake
Washington Boulevard 45
Southport Parkway Ramco Street to Promenade
Street 45
Southport Parkway Promenade Street to Marshall
Road 45
Southport Parkway Marshall Road to Jefferson
Boulevard 35
Stillwater Road Reed Avenue to Riverside
Parkway 40
Stonegate Drive Lake Washington Boulevard to
Village Parkway 30
Sunset Street North Harbor Boulevard to
Sacramento Avenue 35
Sutter Street West Capitol Avenue to North
end 25
Terminal Street Front Street to Industrial
Boulevard 30
West Capitol Avenue Enterprise Boulevard to
Northport Drive 40
West Capitol Avenue Northport Drive to Harbor
Boulevard 40
West Capitol Avenue Harbor Boulevard to Sycamore
Street 35
West Capitol Avenue Sycamore Street to Jefferson
Boulevard 35
West Capitol Avenue Jefferson Boulevard to Riske
Lane 35
West Capitol Avenue Riske Lane to 3rd Street 35
3rd Street B Street to West Capitol Avenue 25
5th Street A Street to West Capitol Avenue 35
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Street From/To Recommended Speed
Limit
15th Street Jefferson Boulevard to South
River Road 25

C. Based on this review of the survey, the city council further finds that the most appropriate speed limit to facilitate the orderly movement of traffic that is reasonable and safe for the above listed streets and roads is set forth in this section.

10.18.020 Direction to city traffic administrator.

On or after the effective date of the ordinance codified in this chapter, the city traffic administrator is directed to clearly post speed limit signs effectuating Section 10.18.010, to give notice that this chapter is in effect.

10.18.030 No mandatory duty of care.

This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care towards persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Chapter 10.20 MISCELLANEOUS DRIVING REGULATIONS

10.20.010 Placement of devices altering normal course.

The city traffic administrator, subject to the review and approval of the traffic committee, is authorized to place official traffic-control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law.

10.20.020 Placement of signs restricting turns.

The city traffic administrator, subject to the review and approval of the traffic committee, is authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections.

The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs, or they may be removed when such turns are permitted.

10.20.030 Restriction of right turns at signal-controlled intersections.

The city traffic administrator, subject to the review and approval of the traffic committee, is authorized to erect appropriate signs prohibiting a right turn against a red or “Stop” signal at any intersection.

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10.20.040 Turning markers.

A. The city traffic administrator may place markers, buttons or signs within, or adjacent to, intersections, indicating the course to be traveled by vehicles turning at such intersections.

B. When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

10.20.050 Obstructing visibility at intersections.

Whenever the city traffic administrator finds that any hedge, shrubbery or tree obstructs the view of any intersection or any traffic-control device, the city traffic administrator may cause the hedge, shrubbery or tree to be removed or trimmed to remove the obstruction.

10.20.060 Designation of one-way streets and alleys.

The city traffic administrator, subject to the review of the traffic committee, and approval of the city council, is authorized to determine and designate one-way streets or alleys and shall place and maintain official traffic-control devices giving notice thereof.

No such designation shall be effective unless such devices are in place.

10.20.070 Restriction of direction of movement during certain periods.

The city traffic administrator, subject to the review of the traffic committee, and approval of the city council, is authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The city traffic administrator may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway.

10.20.080 Placement of stop and yield signs.

The city traffic administrator, subject to the review and approval of the traffic committee, is authorized to erect and maintain stop signs, yield signs or other official traffic-control devices to designate through streets, intersections or other roadway junctions at which vehicular traffic on one or more of the roadways should yield or stop before entering the intersection or junction.

10.20.090 Stop when traffic obstructed.

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding the indication from a traffic-control signal to proceed. 319
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10.20.100 Interference with fire apparatus.

A. No driver of a vehicle shall follow any fire apparatus answering a fire alarm, closer than five hundred feet, or park any vehicle within five hundred feet of a fire, or operate or park any vehicle in such manner as to interfere with any fire apparatus or line of fire hose when in use at a fire, or when placed for use in response to a fire alarm.

B. No streetcar or vehicle shall be driven over any unprotected hose of the fire department when laid down on any street, private driveway or streetcar track, to be used at any fire or alarm of fire without the consent of the officials of the fire department in command.

10.20.110 Funeral or other procession—Driving through prohibited.

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while the vehicles are in motion and when such vehicles are conspicuously designated as required in this title. This provision does not apply at intersections where traffic is controlled by traffic-control signals or police officers.

10.20.120 Funeral or other procession—Procedure.

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway
as practicable and shall follow the vehicle ahead as close as is practicable and safe.

10.20.130 Clinging to moving vehicle.

No person riding upon any bicycle, coasterscooter, roller skates, skateboard or any moving device micro-mobility device shall attach him or herself to any streetcar or moving vehicle upon any roadway.

10.20.140 Driving on sidewalk.

The driver of a vehicle shall not drive within any sidewalk area or any parkway, except at a permanent or temporary driveway.

10.20.150 Driving on new pavement or markings.

No person shall ride or drive any animal, or any vehicle or device, over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed.

10.20.160 Animal-drawn vehicles.

No person shall drive any animal-drawn vehicle along any street within a business, industrial or residence residential district, as defined by Sections 235 and 515 of 320
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the Vehicle Code, respectively, at any time, except when it is part of a parade held and conducted with a city permit.

10.20.170 Trains—Boarding or alighting while in motion.

No person shall board or alight from any railroad train or similar vehicle while such train or similar vehicle is in motion.

10.20.180 Trains—Riding in cars not intended for passengers.

No person shall ride any railroad train or similar vehicle or upon any portion thereof not designed or intended for the use of passengers. This provision does not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise.

10.20.190 Trains—Blocking roadway crossings.

No person or agency shall operate any train in such a manner as to prevent vehicular use of any roadway for a period of time in excess of five consecutive minutes except:

A. When necessary to comply with signals affecting the safety of the movement of trains;
B. When necessary to avoid striking any object or person on the track; C. When the train is in motion except while engaged in switching operations; D. When the train is disabled;
E. When there is no vehicular traffic waiting to use the crossing; or F. When necessary to comply with a governmental safety regulation.

Chapter 10.24 STOPPING, STANDING AND PARKING

10.24.010 Application of on-street parking chapter.

The provisions of this chapter prohibiting the stopping, standing, or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device.

The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code, this code or other ordinances of the city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

10.24.010 020 Designation of no-parking zones.

The parking manager is authorized to prohibit stopping, standing or parking on any highway at any time or during certain hours of the day on any highway. 321
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When signs authorized by the provisions of this section are in place, giving notice of the provisions thereof, no person shall stop, stand or park any vehicle contrary to the directions and provisions of such signs.

The city traffic administrator, subject to the review and approval of the traffic committee, is authorized to establish the location of no-parking zones and shall place and maintain appropriate signs or markings indicating the place and time to which this chapter applies.

10.24.020 Stopping or parking—Where prohibited.

No person shall stop, park or leave standing any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or to comply with the direction of a peace officer or official traffic-control device, in any of the following places:

A. In any area established as a no-parking area when such place is indicated by appropriate signs or marking, except that a bus may stop at a designated bus stop; B. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities, or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement, provided that signs giving notice of such parking restrictions are erected or placed at least twenty-four hours prior to the effective time of such restriction;
C. At any place within twenty feet of a marked crosswalk when such place is indicated by appropriate signs or markings, except that a bus may stop at a designated bus stop;
D. Within twenty feet of the approach to any traffic-control signal, stop or yield sign or flashing beacon when such place is indicated by appropriate signs or markings, except that a bus may stop at a designated bus stop;
E. Upon any sidewalk of any street;
F. Within an intersection, except adjacent to curbs as may be permitted by this ordinance;
G. In front of a public or private driveway, except when otherwise authorized by law.

10.24.030 Parallel parking.

No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of traffic, and with the right-hand wheels of the vehicle within eighteen inches of the curbline or edge of the roadway, except as follows:

A. Upon those streets which have been marked or signed by the city traffic administrator for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks and signs;
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B. Upon those streets where parking on the left side of the roadway is specifically permitted by signing or marking.

10.24.040 Signs or markings indicating angle parking.

A. The city traffic administrator, subject to the review and approval of the traffic committee, in coordination with the parking manager, shall determine upon which streets angle parking shall be permitted and shall mark or sign such streets appropriately.

B. All angle parking shall be made with the right-hand wheel of the vehicle within eighteen inches of the curbline of the street or roadway.

C. All angle parking shall be made with the forward portion of the vehicle next to the curbline of the street or roadway.

DB. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street.

C. When markings have been placed on the pavement indicating angle parking, no person shall park, stop, or stand any vehicle contrary to such markings.

10.24.050 Permits for loading or unloading at an angle to the curb.

A. The city traffic administrator is authorized to issue a special permit to authorize the backing of a vehicle to the curb for the purpose of loading or unloading property, subject to the terms and conditions of such permit. Such permit may be issued either to the owner or operator of the vehicle and shall grant to such person the privilege as therein stated and authorized in this section.

B. It is unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.

10.24.060 050 Parking not to obstruct traffic.

No person shall park, stop or stand any vehicle in such a position as to obstruct the normal movement of traffic or prohibit the free use of the street.

10.24.070 060 Parking not to obstruct sight distance.

No person shall park or leave standing a vehicle which is six feet or more in height, including any load thereon, along any street within one hundred feet of any intersection, provided that such location is designated no parking or no stopping by appropriate signing or marking.

10.24.080 070 Parking for certain purposes prohibited.

A. No person shall park a vehicle upon any roadway for the principal purpose of maintaining, dismantling or repairing such vehicle, except repairs necessitated by an emergency.

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10.24.090 080 Standing or parking on one-way roadways.

In the event a street includes two or more separate one-way roadways, such as a divided multi-lane street, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway.

10.24.100 90 Parking on grades.

No person driving, or in control of, or in charge of a motor vehicle shall permit it to stand on any highway unattended when upon any grade exceeding three percent within any business or residence district without blocking the wheels of the vehicle by turning them against the curb or by other means.

10.24.110 100 Temporary parking restrictions.

A. Whenever the city traffic administrator parking manager determines that traffic congestion is likely to result from public or private events or emergencies, he or she may place temporary signs indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys. Signs shall remain in place only during the event or emergency.

B. When any private activity within or adjacent to the public street right-of-way is likely to create traffic congestion, the city traffic administratorparking manager is authorized to place temporary signs indicating the date and time when the stopping or parking of vehicles shall be prohibited. Temporary signs may also be placed by city departments when engaged in public works projects. Such signs shall be in place twenty-four hours in advance of the effective time of the prohibition.

10.24.120 110 Time limit parking zones.

When authorized signs have been placed by the city manager or designeeparking manager, giving notice thereof, no person shall stop, stand or park any vehicle in a business district or on any street designated by resolution during the days and hours indicated on such signs for a period of time longer than the time limit specified on such signs.

10.24.130 120 Parking space markings.

Public street and off-street parking lots facilities may be marked with white lines designating parking spaces within which vehicles are required to park. No person shall park, stop or stand any vehicle across any line or marking or a parking space or in such a position that the vehicle shall not be entirely within the area designated by such lines or markings, except that oversize vehicles and vehicles with trailers may occupy two spaces.

10.24.140 130 Red curbs.

No person shall stop, park or leave any vehicle next to a curb which is painted red.

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10.24.150 140 Removal of parked vehicles.

The city may remove or cause to be removed any vehicles parked or left standing in any street under any circumstances described in the Vehicle Code. for seventy-two or more consecutive hours.

10.24.160 150 Freight and passenger loading zones—Designation.

A. The city traffic administratorparking manager, subject to the review and approval of the traffic committee, is authorized to determine the location of loading zones and passenger loading zones and shall place and maintain appropriate signs or markings indicating the same and stating the hours during which the provisions of this section and Sections 10.24.170 through 10.24.200 are applicable.

B. Yellow curb paint indicates stopping only for the purpose of loading or unloading passengers or freight for such time as may be specified by this title.

C. White curb paint indicates stopping only for the purpose of loading or unloading passengers for such time as may be specified by this title for the purpose of depositing mail in an adjacent mailbox.

10.24.170 160 Freight and passenger loading zones—Time limits.

A. Permission granted in this title to stop, stand or park a vehicle in a yellow curb zone for purposes allowed by the Vehicle Code and this title shall not extend beyond the time necessary therefor, and in no event for more than twenty minutes.

B. Permission granted in this title to stop, stand or park a vehicle in a white curb zones for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage, but shall not extend beyond the time necessary therefor, and in no event for more than three minutes or the time limit stated on official signs or markings, which may not exceed 15 minutes.

10.24.180 170 Stopping in an alley.

No person shall stop, stand or park a vehicle for any purpose other than the active loading or unloading of passengers or freight in any alley, and in no event so as to obstruct the passage of other vehicles in the alley or block the ingress and egress to any abutting property.

10.24.180 Construction zones.

The parking manager is authorized to determine and to mark a construction zone area. No person shall park, stop or leave standing a vehicle in a marked construction zone without first obtaining a permit from the parking manager and prominently displaying such permit in a manner prescribed by the parking manager.

The parking manager may issue construction zone parking permits in numbers equal to the number of parking spaces in a construction zone. The parking manager may condition such permits as deemed necessary to ensure the maximum public use of the street. Such permits shall be revocable at any time by the parking manager. 325
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Whenever any construction zone parking permit is granted, no person shall use the permit for any location other than as designated on the permit. All permits shall designate the specific location for which the permit is valid. All construction zone permits shall remain property of the city and shall be surrendered upon demand to the parking manager or authorized representative.

10.24.190 Payment of fees required for removal of parking meters.

No person or construction contractor shall initiate any construction project adjacent to city parking meters without first making payment of fees, as established by resolution of the city council, for removal and subsequent reinstallation of said parking meters, if necessary. This section shall not apply to city employees or contractors engaged in a public works project.

10.24.190 200 Designated bus, and taxicab, rideshare and car share zones.

A. The city traffic administratorparking manager, in collaboration with the Transportation and Mobility Division, subject to the review and approval of the traffic committee, is authorized to establish bus, and taxicab, rideshare and car share zones on such streets and at such locations and in such number as shall be determined to be of the greatest benefit and convenience to the public, and every bus, loading and taxicab, rideshare, and carshare zone shall be designated by appropriate official trafficcontrol devicessigns or markings.

B. The operator of a bus shall not stop such vehicle upon any street location for the purpose of loading or unloading passengers or their baggage other than at a bus loading zone, or passenger loading zone so designated as provided in this chapter, except in the case of an emergency.

C. The operator of a taxicab or rideshare vehicle shall not stop, stand or park such vehicle upon any street at any place other than in a taxicab and rideshare zone so designated as provided in this chapter. This provision shall not prevent the operator of a taxicab or rideshare vehicle from stopping for loading or unloading of passengers at locations where such stopping is otherwise permitted.

D. Participation in the car share program by public or private companies or organizations shall be subject to criteria established by the parking manager, including but not limited to the following:

1. Operational Standards: Companies must demonstrate a proven track record of safe and reliable car share services.

2. Community Benefit: Companies must show how their services will provide significant benefits and convenience to the public.

3. Sustainability Practices: Companies must adhere to environmental sustainability practices, including the use of fuel-efficient or electric vehicles.

4. Insurance and Liability: Companies must carry adequate insurance and assume liability for the operation of their car share vehicles.

5. Compliance with Local Regulations: Companies must comply with all applicable local, state, and federal regulations.

6. Data Sharing: Companies must agree to share anonymized usage data with the city to help assess and improve the car share program.
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The parking manager shall have the authority to review and approve requests, ensuring compliance with these criteria and any additional requirements deemed necessary for the public interest.

10.24.200210 Restricted use of bus, and taxicab, rideshare and car share standszones.

No person shall stop, stand or park any vehicle other than a bus in a bus loading zone, or a taxicab or rideshare vehicle in a taxicab and rideshare zone, or a car share vehicle in a car share zone when any such zone has been officially designated and appropriately signed and or marked.

10.24.210 220 Disabled parking—On-street.

The city traffic administrator parking manager is authorized to designate parking spaces for the purpose of providing on-street parking spaces for the exclusive use of the physically disabledparking of vehicles displaying either a special identification license plate or a distinguishing placard issued by the state of California to disabled persons.

When the parking manager has designated a disabled parking space, no person shall stop, stand, or park a vehicle in such space without prominently displaying either a special identification license plate or a distinguishing placard issued to disabled persons.

10.24.220 Disabled parking—Off-street—Public facilities.

The city traffic administrator is authorized to designate parking stalls or spaces in publicly owned, leased or controlled off-street parking facilities for the exclusive use of the physically disabled.

10.24.230 Disabled parking—Off-street—Private facilities.

The city declares that there may be privately owned and operated parking facilities which may reserve parking stalls for the exclusive use of the physically disabled.

10.24.240 Disabled parking—Identification.

Each parking space and stall designated for the exclusive use of the physically disabled shall be marked for identification as specified in the Vehicle Code. Signs as specified in the Vehicle Code shall be posted in all off-street parking facilities. The city traffic administrator may place additional markings or signs as permitted by the Vehicle Code to improve identification.

10.24.250 Enforcement.
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Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically disabled persons will be issued a citation and/or towed away as described in this code and the Vehicle Code.

10.24.230 Electric vehicle parking
The parking manager is authorized to designate parking spaces on a public street for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. No person shall stop, stand or park a vehicle in a space designated pursuant to this section unless the vehicle is connected for electric charging purposes.

Electric vehicle parking spaces on public and private property shall be for the active charging of battery electric and plug-in hybrid vehicles only. Other vehicles not equipped for charging parked in electric vehicle parking spaces may be cited.

10.24.240 Stopping, standing or parking on parkways.

No person shall stop, stand or park a vehicle either attended or unattended within any parkway.

10.24.250 On-street special event parking zones and permits.

Upon notification that an event is scheduled that requires special parking privileges, the parking manager is authorized to temporarily mark any on- street parking spaces as a zone where parking is allowed by special event permit only. The parking manager may for good cause issue special event parking permits in numbers equal to the number of parking spaces in a zone and may condition such permits as necessary to ensure the maximum public use of the street. Such permits shall be revocable at any time by the parking manager.

No person shall park, stop or stand a vehicle in a marked special event parking zone without first obtaining a special event parking permit from the parking manager and prominently displaying such permit in the windshield of the vehicle.

Whenever any special event permit parking permit is granted, no person shall use such permit for any location or time other than as designated on the permit. All such permits shall designate the specific location, date and time for which the permit is valid.

All special event parking permits shall remain the property of the city and shall be surrendered upon demand to the parking manager or authorized representative.

10.24.260 Parking on a Levee or Bank
No person shall stop, stand or park any motor vehicle on a levee, canal bank, natural watercourse bank, or pipeline right-of-way if the responsibility for maintenance of the levee, canal bank, natural watercourse bank, or pipeline right-of-way is vested in the state or in a reclamation, levee, drainage, water or irrigation district, or other local agency, unless such person has received permission to stop, stand or park upon such area from the agency responsible for such maintenance, or unless such area has been dedicated as a public right-of-way.
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10.24.280 Unauthorized markings and signs.

It is unlawful for any person other than the city manager or their designee to place or maintain paint, signs or other material upon any curb in the city or along any street in a manner which purports to be, or is, an imitation of or resembles official indication of parking regulations.

Violation of the provision is punishable as an infraction as set forth in Chapter 1.12. In addition, violations of this chapter are declared to be a public nuisance and may be cited and abated pursuant to Title 19.

10.24.260290 Fine schedule.

The fine to be paid for any parking violation shall be determined by reference to the schedule of parking fines. This schedule shall be adopted and may be periodically amended by resolution of the city council.

10.24.270300 Administrative review.

The procedures to be followed in hearing any contested parking violation or notice of a delinquent violation shall be as set forth in the city’s adopted parking citation review and appeal procedures administrative policy.

Chapter 10.26 PARKING METERS

10.26.010 Parking meter zones designated.

The following traffic districts are hereby designated as parking meter zones:

A. The Bridge District;
B. Washington District; and
C. Civic Center District.

10.26.020 Authority to install meters and pay-by-space/pay-and-display machines.

The city manager, or designee,parking manager may install, or cause to be installed, parking meters, pay-by-space machines and/or pay-and-display machines in all parking meter zones established by this code or hereafter created by the city council in such numbers and in such places as, in the city manager’s or designee’s parking manager’s judgment, may be necessary for the regulation, control, and inspection of the parking of vehicles therein.

10.26.030 Parking meter and pay-by-space/pay-and-display machine specifications.

A. Each parking meter shall be so set as to display a signal showing lawful parking upon the deposit of the appropriate United States legal tender or credit card. 329
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B. Each parking meter shall be so arranged that upon the expiration of the lawful time limit it will indicate by a proper visible signal that the lawful parking period for the adjacent parking meter space has expired and in such cases the right of such a vehicle to occupy the space shall cease.

C. Each pay-by-space or pay-and-display machine shall conspicuously display the applicable parking rates and instructions on use of the machine.

10.26.040 Maximum parking time limits in meter zones.

The maximum parking time limits within designated portions of the parking meter zone shall be as provided by this title or other ordinances, and shown by proper signs erected and maintained.

10.26.060 Parking meter rates.

The rates for parking in a parking meter zone shall be established by ordinance.

Parking or standing a vehicle in a parking meter space is lawful for the period of time corresponding to the monetary amount deposited or paid for that space.

10.26.070 Parking meter and pay-by-space/pay-and-display machine hours of operation.

Parking meters and pay-by-space/pay-and-display machines shall be operated in the parking meter zones every day between the hours of eight a.m. and ten p.m. The city manager, or designee,parking manager may, after conducting parking surveys, determine that other hours of operation will facilitate the control of parking and may place signs indicating hours of operation other than between eight a.m. and ten p.m.

10.26.080 Operation of meters and pay-by-space/pay-and-display machines.

A. When any vehicle is parked in any parking meter space, the operator of the vehicle shall, immediately after entering the parking meter space, deposit or cause to be deposited either in the meter or machine controlling the space or through an authorized technology platform, the proper legal tender as is required by Section 10.24.060 for the parking meter space. The operator of the vehicle, after the proper deposit, shall also set in operation the timing mechanism on the meter or machine, if any, in accordance with directions properly appearing thereon. Failure to make a proper deposit and to set the timing mechanism in operation and, if applicable, failure to place the parking receipt on the vehicle dashboard as prescribed, shall constitute a violation of this title.

B. Upon the proper deposit of legal tender and the setting of the timing mechanism in operation and, if applicable, the placement of the parking receipt on the vehicle dashboard, the parking meter space may be lawfully occupied by the vehicle during the period of time which has been prescribed for the part of the street in which the parking meter space is located. The occupant of the space shall not be required to deposit additional payment so long as the occupancy of the space does not exceed the indicated unused parking time. When an oversized vehicle occupies more than one space, a proper deposit shall be made for each of the spaces.

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10.26.090 Overtime parking in meter zones.

A. Where any section of this chapter, or any sign posted pursuant to the provisions of this title, limits parking in any space in a given parking meter zone to a stated period of time during designated daily hours of operation, a vehicle shall be considered in violation of that restriction if it parks in any space within the same parking meter zone during the daily hours of operation for longer than the stated time period.

B. The display of a signal showing illegal parking during the hours of operation for any parking meter while a motor vehicle is parked in a space adjoining the parking meter shall be prima facie evidence that the motor vehicle has been parked overtime and beyond the lawful parking period.

C. A pay-by-space or pay-and-display parking machine or authorized technology platform indicating that the lawful parking time has expired, during the hours of operation for any pay-by-space or pay-and-display machine, while a motor vehicle is parked in a space controlled by that pay-by-space or pay-and-display machine or authorized technology platform, shall be prima facie evidence that the motor vehicle has been parked overtime and beyond the lawful parking period.

10.26.100 Extending parking meter or pay-by-space/pay-and-display machine time over maximum allowed.

Parking or standing a vehicle in a parking meter space shall be lawful up to the maximum time indicated on the parking meter, on the pay-by-space or pay-and-display machine, authorized technology platform, or on posted signs. No person shall deposit in a parking meter or pay-by-space/pay-and-display machine or through any authorized technology platform any legal tender for the purpose of extending the parking time of a vehicle beyond the designated maximum time allowed for parking.

10.26.110 Defacing, destroying, etc., meters and machines.

No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter or any pay-by-space or pay-and-display machine installed under the provisions of this title.

10.26.120 Citations for parking meter violations.

Each police officer or parking enforcement officer shall take the number of any parking meter space at which any vehicle is parked in violation of this chapter, the state license number of the vehicle, and the time and date of the violation. The police officer or parking enforcement officer shall then issue, in writing, a citation for illegal parking in the form and subject to the procedure provided for by law and the city code applicable to parking violations within the city.

10.26.130 Use of parking meter and machine funds.

The money required to be deposited in parking meters and pay-by-space/pay-anddisplay machines or through any authorized technology platform as provided in this chapter is hereby levied and assessed as fees to provide for the proper regulation and 331
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control of traffic upon the public streets, to provide for public vehicular off-street parking facilities, and to cover the cost of the supervision, inspection, installation, maintenance, control, and use of the parking spaces and regulating parking of vehicles in the parking meter zones.

Chapter 10.28 PEDESTRIANS

10.28.010 Crosswalks.

The city traffic administrator, subject to the review and approval of the traffic committee, is authorized to establish, designate, remove and maintain crosswalks for pedestrians by appropriate devices, marks or lines upon the surface of the roadway where in his or her opinion there is particular danger to pedestrians crossing the roadway.

10.28.020 Prohibited crossing.

The city traffic administrator, subject to the review and approval of the traffic committee, may install signs at or adjacent to an intersection or other appropriate location directing that pedestrians shall not cross. It is unlawful for any pedestrian to cross at the locations prohibited by such signs.

Chapter 10.32 BICYCLES

10.32.010 Bicycle facilities.

The city traffic administrator, subject to the review and approval of the traffic committee, is authorized to designate and maintain bicycle facilities in the city.

10.32.020 Riding on sidewalks.

A. The city traffic administrator is authorized to erect signs on any public sidewalk or roadway regulating the riding of bicycles thereon.

B. With the exception of peace officers, as defined in Penal Code Section 830, who are on duty and who are acting within the course and scope of their employment, no person shall ride a bicycle on a sidewalk within a business district.

C. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian.

Chapter 10.34 SHARED MICRO MOBILITY

10.34.010 Micro-mobility operations permit.

A. No persons shall operate a micro-mobility business unless the person holds a valid micro-mobility operations permit issued in accordance with Chapter 5.30.

B. Micro-mobility operations permits are the property of the city and are not transferable.

10.34.020 Riding on sidewalks.
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In accordance with California Vehicle Code Section 407.5, micro-mobility devices shall not be operated on the sidewalk.

10.34.030 Micro-mobility parking.

No person shall park a micro-mobility device in such a position that obstructs the normal movement of traffic or prohibits the free use on the street and sidewalk.

Chapter 10.36 TRUCKS

10.36.010 Route restrictions.

B. The council may, by resolution, prohibit or permit the operation of such commercial vehicles on any city street.

C. The city traffic administrator shall cause to be erected and maintained appropriate signing designating streets on which the operation of such commercial vehicles is permitted.

10.36.020 Parking restrictions.

A. No person shall park or leave standing a commercial vehicle having a manufacturer’s gross vehicle weight rating of ten thousand pounds or more, or any trailer or semi-trailer, as defined by Sections 630 and 550 of the Vehicle Code, respectively, on any street, alley, public right-of-way or public place, within a residential zone, as defined by the city’s current zoning ordinance, or on any street on which the council has, by resolution, prohibited the operation of such commercial vehicles. 333
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B. In accordance with Section 22507.5 of the Vehicle Code, subsection A shall not be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on a restricted street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon a restricted street, for which a building permit has previously been obtained.

C. No person shall park any trailer or semitrailer, as defined by Sections 630 and 550 of the Vehicle Code, respectively, upon any nonresidential street, alley, public rightof-way or public place, unless signs permitting the parking of such trailers or semitrailers are erected. For the purposes of this subsection, a nonresidential street, alley, public right-of-way or public place includes any street, alley, public right-of-way or public place located outside a residential zone, as defined by the city’s current zoning code. The city traffic administrator subject to the review and approval of the traffic committee,parking manager is authorized to place such signs and establish time limits for such permitted parking if he or she finds that the public health, safety and welfare is not adversely affected by such change. The regulations of this subsection do not apply when such trailer or semitrailer, during the time it is parked, is attached to a motor vehicle capable of providing the motive power for moving the trailer or semitrailer upon the street, alley, public right-of-way or public place.

10.36.030 Exemptions—Public vehicles.

The provisions of this chapter do not apply to public buses or to any vehicle owned by a public agency or utility while operating in an official capacity.

10.36.040 Permit for excess weight and size.

The fee for such permit shall be established by resolution of the council.

Chapter 10.38 OFF-STREET PARKING

10.38.010 Parking on private property.

It is unlawful for any person to park, permit to be parked, or allowed to be parked any vehicle:

A. Upon any privately owned property in the city without the consent of the owner or authorized agent of such privately owned property.

C. Upon any vacant property within the city when such vehicle is offered for sale, excepting licensed car dealer sales lots.

The provisions of subsection B do not apply to vehicles displaying a parking permit to park on unimproved surfaces issued by the city manager or their designee or to vehicles 334
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parked on approved driveways or parking areas composed of dirt, gravel, or sand that are specifically exempt from surfacing requirements by the city’s zoning regulations (Title 17).

A citation may be issued to the registered owner of any vehicle found to be in violation of this section.

10.38.020 Parking on city property.

Any vehicle parked in violation of such signs or markings may be cited as provided in the Vehicle Code.

10.38.030 Maintaining, dismantling, repairing vehicles on city property prohibited.

No person shall park a vehicle upon any city property for the principal purpose of maintaining, dismantling or repairing such vehicle, except repairs necessitated by an emergency.

10.38.040 Rates to be posted at parking facilities.

10.38.050 Municipal parking facility rates.

The rates for parking in municipal parking facilities shall be established by the city council by resolution.

10.38.060 Fees to be paid for parking in municipal facilities.

Except as specifically otherwise provided herein, no vehicle shall be parked in any municipal parking facility, including private parking facilities operated or managed by the city, at any time without payment of the established fees. Except as otherwise provided 335
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herein, such fees shall be collected from all persons desiring to park vehicles in such facilities, including the officers and employees of the city, the state, the United States of America, or any public or private firm or corporation, or any municipal, state or federal agency or any public district. No fee shall be charged to nor collected from any officer or employee of the city for the parking of a city-owned vehicle in an off-street parking facility at such times when such officer or employee is engaged in public business of the city. In addition, the city manager may authorize specified officers and employees of the city to park their private vehicles in designated off-street parking facilities during such times when the officers and employees are engaged in their official public duties.

All fees, rates and charges for the use of the facilities shall be collected from the owner, operator or person in charge of the vehicle desiring to park. It is unlawful for any person to willfully fail to pay the fees, rate and charges for the use of the municipal offstreet parking facilities after having been given notice to pay.

No vehicle may be removed from any municipal parking facility until all fees, rates and charges have been paid and discharged, except as provided in subsection A of this section:

A copy of such agreement shall be given to the person signing the agreement. Such agreement shall set forth the location of the facility, the date and approximate time that the vehicle is removed, the name of such person, the vehicle license number, the registration expiration date, if visible, the last four digits of the vehicle identification number, if available, the color of the vehicle, and, if possible, the make of the vehicle.

Such agreement shall require payment to the city of all unpaid fees, rates and charges, plus a processing fee in an amount established by resolution of the city council, no later than the due date on the agreement and shall indicate how payment may be sent. If full payment is not made within such period, the parking manager shall mail a notice of late payment to the vehicle’s registered owner. Such notice shall require payment to the city of the unpaid fees, rates and charges, and processing fee, plus a late payment fee in an amount established by resolution of the city council, no later than thirty days after the date of such notice. In the event that such amount is not fully paid within such thirty-day period, a notice of parking violation for each day parked, requiring payment of a penalty in an amount established by resolution of the city council, shall be mailed to the vehicle’s registered owner. The above agreement shall include a reference to this section.

10.38.070 Towing vehicles from municipal parking facilities. 336
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The city may remove or cause to be removed any vehicles parked or left standing in any municipal parking facility under the following conditions

1. Any circumstance described in the Vehicle Code.

2. Any vehicle left on a municipal parking facility for more than seventy-two (72) hours without prior arrangements having been made with the parking manager.

3. Any vehicle with a registration expiration date in excess of six months.

4. Any vehicle parked, resting, or otherwise immobilized which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely.

10.38.080 Parking contrary to signs and markings in municipal parking facilities.

Parking contrary to signs and markings in any municipal parking facility is subject to citation under Section 10.38.030 of this chapter.

10.38.090 Impairing operation of mechanical gates controlling municipal parking facilities.

10.38.100 Municipal parking facilities—Restrictions on use.

It is unlawful and a misdemeanor for any person to enter, be upon, or remain upon the premises of any municipal parking facility, parking garage, parking lot, parking structure or other parking facility owned or managed by the city unless that person is on the premises for the purpose of parking a vehicle or retrieving a vehicle. This section shall not apply to city employees acting within the course and scope of their employment or any other person authorized to enter by the city Chapter 10.40 INTERSTATE TRUCK TERMINAL ACCESS ROUTES

10.40.010 Purpose—Authority.

10.40.020 Definitions.

The following definitions apply to this chapter, and if any word or phrase used in this chapter is not defined in this section, it shall have the meaning set forth in the California Vehicle Code or, if not defined in the Vehicle Code, the meaning attributed to it in ordinary usage.
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“Terminal” means any facility at which freight is consolidated to be shipped or where full load consignments may be offloaded or at which freeway trucks are regularly maintained, stored or manufactured.
“Freeway truck” means a truck tractor and semitrailer combination, or truck tractor, semitrailer and trailer combination with a length as regulated and allowed by the Federal Surface Transportation Assistance Act of 1982, Public Law 97-424, 96 Stat. 2097, 49 U.S.C. Section 2311 et seq., and as addressed by California Vehicle Code Section 35401.5.
“Caltrans” means the Department of Transportation of the state of California, or its successor agency.
“Federally designated highway system” means those highways within the National System of Interstate and Defense Highways and those portions of federal-aid primary highways and federal-aid urban system highways that have been qualified by the United States Secretary of Transportation for such uses.

10.40.030 Application—Requirements generally.

Any interested person requiring access for a freeway truck or trucks from the federally designated highway system along highways under the city’s jurisdiction to a terminal or terminals shall submit the following to the director of community development: an application, on a form as provided by the city letter request, the requisite fee, and such further information as may be required by the city manager.

10.40.040 Application—City action.

Upon receipt of the applicationletter request, the city manager traffic administrator will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for a terminal, as defined. Upon his or her approval of the terminal facility, he or she will then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability will include a review of adequate turning radius and lane widths of ramps, intersections, streets and highways, general traffic conditions such as sight distance, speed and traffic volumes, and other considerations as deemed relevant by the director of public works.

The city will also need to consider coordination and terminal access route approval with the California Department of Transportation (Caltrans). The city will acknowledge receipt of the request and identify the time frame for response. The city and Caltrans shall act on request with ninety (90) days of receipt. Based on these considerations, the city managerdirector of community development will then approve or disapprove a terminal access route. The city manager’s decision shall be in writing and shall be delivered to the applicant within thirty days from the submission of a complete application packet. Follow-up questions from the traffic administrator regarding the letter request and applicant’s response to follow-up questions may extend the approval or disapproval response timeline.

10.40.050 Fees and costs.

A. At the time of submitting the application, the applicant shall pay a nonrefundable application fee, as established by resolution which may be amended from time to time, 338
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sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route, and related administrative costs.

B.A. Upon the approval of the terminal designation and route by the city managerdirector of community development, the applicant shall deposit with the city sufficient funds as estimated by the city manager traffic administrator to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the city on route to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, whichever the case may be. No terminal or route may be used until such signs as may be required are in place.

CB. Notwithstanding subsections A and B of this section, a fee will not be charged if the applicant is a terminal operator.

10.40.060 Retrofitting.

A. If all feasible routes to a requested terminal are found unsatisfactory by the city managerdirector of community development, the applicant may request retrofitting of the deficiencies. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the city or by a contractor acceptable to the city.

C. If at any time within five years from the date of completion of the retrofitting by the applicant, should any other applicant seek terminal access route approval which would use the route upon which such retrofitting was accomplished, any such applicant’s fee may include that applicant’s proportionate share of the retrofitting, as determined by the city manager traffic administrator, which fee shall be disbursed by the city to the applicant who paid for the retrofitting as well as to any other applicant who contributed to the cost of retrofitting.

10.40.070 Revocation or Changes of route.

The city manager director of community development may amend or revoke any approved terminal or terminal access route if the terminal or route becomes an unreasonable traffic hazard for vehicular or pedestrian traffic. A traffic hazard includes the inability of freeway trucks to negotiate the route or such vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

10.40.080 Appeal process.

If the city manager director of community development denies terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant or 339
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terminal owner, within fifteen days following the date of receipt of the decision of the city manager, may appeal the decision to the city council in writing in accordance with the procedure set forth in Chapter 1.08. The appeal shall state specifically whether there was an error or abuse of discretion by the director of public works community development or whether his or her decision is not supported by the evidence in the record. Within five days of receiving notification that the appeal has been filed, the city manager traffic administrator shall transmit to the city clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the written decision, and all other relevant documentation. The city council will then reconsider the manager’s decision and either affirm or reverse it. The city council’s decision shall be final.

10.40.090 Enforcement.

Any violation of this ordinance shall be prosecuted in accordance with the provisions of Division 17 of the California Vehicle Code and other applicable law.

10.40.100 Routes designated.

The director of community development city council designates the following roadway segments as terminal access routes in accordance with Vehicle Code Section 35401.5(d).

1. Carlin Drive between Oates Street and Ramco Street;

2. Channel Drive between Seaport Boulevard and its westerly terminus;

3. Del Monte Street between Harbor Boulevard and Terminal Street;

4. E Street between West Street and Railroad Crossing;

5. Embarcadero Drive between Riverside Parkway (N) and Riverside Parkway (S);

6. Enterprise Boulevard between West Capitol Avenue and Channel Drive;

7. F Street between Jefferson Boulevard and Railroad Crossing;

8. Harbor Boulevard between Evergreen Avenue and Industrial Boulevard;

9. IKEA Court between Reed Avenue and its southerly terminus;

10. Industrial Boulevard between Enterprise Boulevard and Lake Washington Boulevard;

11. Jefferson Boulevard between Sacramento Avenue and F Street;

12. Lake Washington Boulevard between Industrial Boulevard and Southport Parkway;

13. Oates Street between Carlin Street and Ramos Drive;

14. Overland Court between Industrial Boulevard and its southerly terminus;

15. Parkway Boulevard between Industrial Boulevard and its southerly terminus;

16. Promenade Street between Ramos Street and Southport Parkway;

17. Ramco Street between Southport Parkway and Promenade Street;

18. Ramos Drive between Oates Street and Promenade Street;

19. Reed Avenue between Riverside Parkway and Sunset Avenue;

20. Riverpoint Court between Harbor Boulevard and its westerly terminus; 340
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21. Riverside Parkway between Reed Avenue and Stillwater Road;

22. Sacramento Avenue between Sunset Avenue and Jefferson Boulevard/Kegle Drive;

23. Seaport Boulevard between Parkway Boulevard and its westerly terminus;

24. Shore Street between Front Street and Del Monte Street;

25. Southport Parkway between Promenade Street and Lake Washington Boulevard;

26. Stillwater Road between Reed Avenue and Riverside Parkway;

27. Terminal Street between Front Street and Industrial Boulevard;

28. West Street between F Street and E Street;

29. West Capitol Avenue between Enterprise Boulevard and Northpoint Drive.

Notwithstanding the application process set forth in this chapter, freeway trucks may use these access routes without the need to apply for designation of the route. The city manager traffic administrator is directed to ensure that appropriate signage is installed along these routes.

Chapter 10.44 PREFERENTIAL PERMIT PARKING

10.44.010 Purpose and authority.

The purpose of this chapter is to reduce the adverse effects caused in certain areas of the city by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas by nonresidents. As more specifically set forth in Section 10.44.020, such parking by nonresidents threatens the health, safety and welfare of the residents and commerce in the city. In order to protect such residents and promote commercial well-being in affected areas, it is necessary to enact the preferential permit parking system established by this chapter.

10.44.020 Findings.

The preferential parking system established by this chapter will relieve the adverse effects caused by motor vehicle congestion by:

A. Protecting the ability of residents in certain areas of the city to obtain parking near their residences and ensure access to their residences; B. Preserving the residential character of such areas and neighborhoods, which character has been compromised due to the presence of commuter vehicles; C. Preserving the value of property in such areas and neighborhoods; D. Protecting the safety of children and other pedestrians in such areas; and E. Promoting traffic safety, peace, good order, comfort, convenience and the general welfare of the inhabitants of the city.
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The above findings of the city council support the need for enactment of the ordinance codified in this chapter and is not meant to be an exhaustive list.

10.44.030 Definitions.

For purposes of this chapter, the following words and phrases are defined as follows:
“Commuter vehicle” means a motor vehicle parked in a preferential parking area by a person not a resident thereof.
“Customer vehicle” means a motor vehicle parked for a period of less than two consecutive hours in a preferential parking area by a customer of a commercial establishment located therein.
“Dwelling unit” means a house, apartment, or other residence with an assigned address as used by the U.S. Postal Service or as shown on the city’s address system. “Finance director” means the city director of finance or designee. “Leases” means pays rent or other remuneration for the use of real property as lessee’s place of business.
“Motor vehicle” includes an automobile, truck, motorcycle or other motor driven form of transportation not in excess of ten thousand pounds gross weight. “Nonresident permit” means a permit issued by the finance parking manager to allow parking of a commuter vehicle in a preferential parking area where the city council has, by resolution, authorized the use of such permits.
“Occupancy rate” means the ratio of available parking spaces to the number of vehicles parked in such spaces.
“Owns” means having acquired at least one-quarter of the fee interest in a parcel of real property within a preferential parking area.
“Preferential parking area” means an area designated as provided in this chapter wherein motor vehicles displaying a valid permit as described herein shall be exempt from the time limit parking regulations or certain parking prohibitions. “Preferential parking permit” means any vehicle, visitor, or temporary permit issued for the purpose of parking in a preferential parking area. “Resident” means a person who dwells within the preferential parking area on a permanent basis.
“Residing permit” means a permit issued by the finance director to allow parking of a resident vehicle in a preferential parking area.
“Resident vehicle” means a motor vehicle parked in a preferential parking area by resident.

10.44.040 Designation, modification and deletion of preferential permit parking areas.

10.44.04050 Criteria for designation, modification, and deletion of preferential parking areas.

A. An area shall be deemed eligible for consideration as a preferential parking area if, based on a determination recommendation by the city traffic administrator parking manager and the following factorsobjective criteria established by the city, the area is found to be adversely affected by commuter vehicles for any extended period during the day or night, on weekends, or during holidays.

B. In determining whether an area identified as eligible for preferential permit parking may be designated as a preferential parking area, the city traffic administrator parking manager and the city council shall take into account factors which include, but are not limited to the following:

1. The extent of the residents’ need for preferential permit parking;

2.1. The extent to which legal on-street parking spaces are occupied by motor vehicles during the period proposed for parking regulations;

3.2. The extent to which motor vehicles parking in the area during the period proposed for parking regulations are commuter vehicles rather than resident or customer vehicles; and

4.3. The extent to which parking spaces for customer vehicles and motor vehicles registered to residents cannot be met by the number of available off-street parking spaces.

C. A preferential parking area shall be deemed eligible for modification or deletion if, based on a determination by the parking manager and objective criteria established by the city, there is a substantial change in the character of the preferential parking area that impacts the need and desire for modification or deletion of the preferential parking area or a portion of the preferential parking area.

1. The boundaries of the area proposed for modification or deletion;

2. The extent of interest by the residents in a preferential permit parking area for deletion of the area as a preferential permit parking area;

3. The parking occupancy rate;

5. The general consensus of property owners to modify or delete the preferential parking area or a portion of the preferential parking area.

10.44.050060 Designation, modification, and deletion process.

The study of feasibility for establishment, modification, or deletion of a preferential parking area may be initiated by the city council, traffic committee or the city traffic administrator parking manager based upon their own action or based upon petition of 343
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interested persons. After initiation of such a request, the process for establishment, modification or deletion of a preferential parking area is as follows:

A. The city traffic administrator parking manager shall undertake a survey or study as deemed necessary to determine whether the area is eligible to be a preferential parking area.

B. Following the completion of surveys or studies to determine whether designation, modification, or deletion criteria are met, the traffic committee city council shall hear the report of the city traffic administrator and shall consider the eligibility of the area under consideration for designation, modification, deletion or designation as a preferential parking area. The traffic committeecity council shall also consider the boundaries of the proposed parking area as well as the proposed regulations on parking.

C. The traffic committeeparking manager shall recommend for or against the modification, deletion or designation of the area under study as a preferential parking area. Such recommendation may also include a list of recommended conditions and regulations applicable to any area proposed for modification, deletion or designation as a preferential parking area.

D. Upon receipt of the traffic committee recommendation, the city council shall conduct a noticed public hearing. If the city council determines that a preferential parking area should be created, modified or deleted, it shall adopt a resolution establishing the program, modification or deletion offor the area in question including the boundaries, parking regulations, fees, if any, and other appropriate conditions.

Thereafter, the program shall be implemented as hereinafter provided.

E. Notice of the public hearing or hearings provided for in this chapter shall be published and circulated within the city at least ten days before the hearing date. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed preferential parking area, and if applicable, the approximate permit fee to be charged. During such hearing or hearings, any interested person shall be entitled to appear and be heard.

10.44.060070 Issuance of permits.

A. Preferential parking permits shall be issued under the direction of the finance director parking manager. Each permit shall state for which preferential parking area it is issued.

B. Preferential parking permits may be issued to households only upon application of the following persons:

1. A resident of the preferential parking area who owns a motor vehicle;

3. A nonresidentnon-resident person who pays the nonresidentnon-resident fee in those areas where the city council has authorized the usage of nonresidentnon-resident permits by resolution.

C. The requirements governing the manner in which persons qualify for preferential parking permits in each preferential permit parking area shall be established by the parking manager and may include, but not be limited to, current California Department 344
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of Motor Vehicle registration and proof of current residency, both of which shall reflect the address of the resident or owner to whom the permit will be issued.

10.44.070080 Visitor permits.

The finance director parking manager is authorized upon application to issue visitor parking permits to households residents and owners of properties of in a preferential parking area for use by bona fide transient visitors therein. The city council, may, by resolution or ordinance, prohibit or regulate the issuance and use of visitor permits in any preferential permit parking area.

10.44.080090 Posting of preferential parking areas.

Upon the adoption by the city council of a resolution designating a preferential parking area, the city traffic administrator parking manager shall cause appropriate signs, markings or meters to be erected in the preferential parking area, prominently indicating applicable parking regulations and conditions. Such parking regulations and conditions shall not apply until signs, markings or meters giving adequate notice thereof have been placed.

10.44.090100 Display of permits.

Permits shall be displayed, while in the preferential parking area, in a manner determined by the finance director and police chief parking manager.

10.44.100110 Permit parking exemptions.

A. A resident vehicle displaying a valid preferential parking permit as provided for in this chapter shall be permitted to be parked in the preferential parking area for which the permit has been issued without being limited by posted time limits and paid parking regulations or without being limited by parking prohibitions which limit parking to residents.

B. A preferential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the preferential parking area.

10.44.110120 Application for and duration of permit.

Preferential parking permits shall be valid for a period to be determined by the finance director parking manager. Permits may be renewed upon reapplication in the manner required by the finance director parking manager. Each application or reapplication for a preferential parking permit shall must contain information sufficient to identify the applicant, the residence address or address of real property owned or leased within a permit area, the license number of the motor vehicle for which application is made and such other information that may be deemed relevant by the finance director parking manager.

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10.44.120130 Permit fees.

The fee for preferential parking permits shall be established by resolution of the city council.

10.44.130140 Penalty provisions.

B. It is a violation of this chapter for a person to falsely represent him or herself as eligible for a preferential parking permit or to furnish false information in an application therefor to the finance directorin order to obtain a permit. Any such violation shall subject the violator(s) to a parking penalty not to exceed the penalties set forth in Section 10.08.170 for infractions, and revocation of the person’s preferential permit(s) for one year. At the end of the one year period, the individual may apply for a preferential parking permit.

C. It is a violation of this chapter for a person holding a valid parking permit to permit its use or display by anyone who does not qualify for the permit to use, or allow to be used, any preferential parking permit for commuter parking. Use of any preferential parking permit for commuter parking shall mean: (1) use of a preferential parking permit more than two city blocks from the address for which it is issued; or (2) use of a preferential parking permit for the purpose of parking to go to one’s place of employment or educational institution. Use of a preferential parking permit for commuter parking shall constitute a violation of this chapter both by the person to whom the preferential parking permit was issued and by the registered owner of the vehicle upon which the preferential parking permit is displayed. This violation shall be subject to civil penalty as specified in the resolution adopted by the city council.

10.44.150 Revocation of permits.

In the event a preferential parking permit is being used in a manner which violates this chapter, the parking manager may cancel the permit by issuing notice to the holder of the permit. In addition to canceling any preferential parking permit used in violation of this chapter, the parking manager may deny any further application for a preferential parking permit by any person who has used a preferential parking permit in violation of this chapter or any application for a preferential parking permit by any person for the residence in which such person resides as for so long as that person continues to 346
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resides there. Any person aggrieved by such a determination made by the parking manager shall have the right to appeal to the parking manager within ten (10) days of such determination by filing an appeal with the city clerk pursuant to the process set forth in Chapter 1.08.

10.44.140160 Severability.

Chapter 10.46 VALET PARKING

10.46.010 Definitions.

The following terms used in this chapter shall have the following meanings:
“Applicant” means a valet parking operator making an application for a permit. “Attendant” means a person who performs any service relating to valet parking. “Permit” means a permit which allows a person to provide valet parking. “Valet parking” means receiving a vehicle from the vehicle operator, whether or not a fee is charged, and parking it for the vehicle operator. “Valet parking operator” means any person that provides valet parking. “Valet parking service zone” means a zone for which a permit has been issued pursuant to this chapter.

10.46.020 Requirement of permit.

A. No person shall solicit or engage in valet parking unless the person holds a permit issued by the city.

B. This requirement shall not apply to any person that provides parking solely on its premises and does not use a valet parking service zone for valet parking.

10.46.030 Use of permit.

10.46.040 Regulations.

10.46.050 Application for permit.

10.46.060 Approval/administration of permit.

The parking manager shall approve an application for a valet parking permit unless the parking manager determines any of the following:

A. The application fails to provide the information required by this chapter or by the permit application form; or
B. The submitted route for transporting vehicles from the valet parking service zone to the fixed parking location is unsafe or inappropriate; or C. The proposed valet parking operation would be detrimental to the public health, safety and welfare.

10.46.070 Non-transferability and term of permits.

10.46.080 Prohibition of using on-street parking.

Valet parking operators shall not utilize on-street parking spaces, whether metered or not, for valet parking.

10.46.090 Administrative penalties.

A. The parking manager may issue an order imposing an administrative penalty to any person violating any provision of this chapter or the regulations established by the parking manager.

B. The administrative penalty for each violation of any provision of this chapter or the regulations established by the parking manager shall be one thousand dollars ($1,000.00).
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C. The administrative penalty order shall be imposed in accordance with the provisions of Chapter 1.12 of this code.

10.46.100 Revocation/non-issuance of permit.

Chapter 12.12 – PARKS AND RECREATIONCOMMUNITY SERVICE FACILITIES

12.12.010 Purpose of provisions.

The purpose of this chapter is to establish the rules, regulations and policies for the orderly use of parks Parks and Recreationcommunity service facilities for the general enjoyment of the community.

The regulations contained herein shall not prohibit any person authorized by the city manager from the normal exercise of requested, assigned or contracted duties.

12.12.020 Definitions.

The following words and phrases used in this chapter have the meanings indicated in this section unless the context clearly indicates otherwise:
"Alcoholic beverage" means alcohol, spirits, liquor, beer, wine or any other liquid which contains one-half of one percent or more of alcohol by volume. "Amplified sound" means sound projected and/or transmitted by electronic means including amplifiers, loud speakers, microphones or similar devices which are intended to increase the volume, range, distance or intensity of sound. "Building" means and includes those buildings or recreationcommunity service facilities, or any portion thereof, under the supervision of the department of parks and recreationcommunity services.
"Camp" or "camping" includes:

1. Occupying for living or sleeping purposes a camper, trailer, motor home or other vehicle equipped for human habitation;

2. The erection of any tent or other shelter; or

1. The benefit in any manner of poor, impoverished, destitute, underprivileged, needy, sick, refugee or crippled persons;

2. The relief or assistance of any veteran or the benefit of any veterans organization or association or any purpose purporting to aid the general welfare of any state or nation;

3. Civic purpose such as social or cultural functions or the improvement or beautification of any state, city or other community;
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4. The benefit of any fraternal or social organization or association;

5. The benefit of educational institutions or for the education of any person or group of persons;

6. The benefit of youth service organizations.
"Children's playground area" means and includes park areas which are specifically designed and include equipment for use by children.
"City manager" means the city manager or the city manager's designee. "Commercial activity" means the selling, offering for sale, or solicitation for immediate or future delivery or performance of any goods, wares, merchandise or services of any kind, including, but not limited to, food and beverages in any park or building, but shall not include magazines, books, newspapers, periodicals or pamphlets. "Cosponsored" means activities that provide specific organized recreation/community services for participants and for which the department of parks and community services shares the responsibility for the activity with other community agencies and/or organizations or individuals.
"Decibel" or "dBA" means a unit which denotes the ratio between two quantities which are proportional to power (the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base of ten is this ratio), as measured by the "A" weighted sound pressure level obtained by meter at slow response, with a reference pressure or twenty microPascals. "Designated area" or "building" means an area or building specifically designed or equipped for special uses and set aside for such uses.
"Fundraising" means and includes the act of making a request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for charitable purposes (as the term "charitable purpose" is defined herein) or for any other purpose other than that of pecuniary profit. "Nonprofit organization" means any group or persons associated for scientific, literary, educational, recreational, leisure services, benevolent or other nonprofit purpose not of pecuniary profit.
"Parks" means and includes all parks, parkways, malls, plazas, greenbelts, gardens, lakes, boating facilities, ponds and any other property owned by the city, including structures thereon, and used, operated or maintained for recreational purposes whether passive or active. The term "park" also includes all off street parking areas which are used or intended to be used in connection therewith. The term "owned" includes any property or interest under which the department of parks and recreationcommunity services operates, maintains or controls said property. The term also includes any property owned or kept by the city as open space, utility easements or rights-of-way, including undeveloped sites for future parks.
"Person" means and includes persons, individuals, associations, groups, partnerships, firms and corporations.
"Picnic" means the consumption of food and/or beverage outdoors. 350
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"Residential property" means a parcel or real property which is developed and used either in part or in whole for residential purposes other than transient uses such as hotels and motels.
"Sponsored" means activities organized by the city and over which it retains responsibility.
"Supervisor" or "park supervisor" means the superintendents of parks and community services for the city.
"Vehicle" means and includes gasoline, electric or other fuel-powered or human or animal powered devices by which any person or object may be propelled, moved or drawn, including gocarts, minibikes, model boats and model airplanes.

12.12.030 Use Restrictions.

No person shall:

A. Conduct or carry on an assembly of more than fifty people in a park or ten in a building, which assembly is intended or can reasonably be expected to last more than twenty minutes or which does in fact last more than twenty minutes, unless a facilities use permit first has been issued therefor as provided in this chapter; B. Use any amplified sound in a park, except as provided in this chapter without first obtaining an amplified sound permit. This prohibition shall not apply to the personal use of music or media devicesany radio, tape player, tape recorder, record player or television for personal use or to broadcasts from emergency vehicles or personnel; C. Engage in any commercial activity in any city park or building. This prohibition does not apply to commercial activity carried on pursuant to a lease or concession contract with the city or to a nonprofit organization pursuant to a city fund-raising permit issued therefor;
D. Engage in any fundraising activity in any city park or building, except pursuant to a permit issued therefor as provided in this chapter; provided, however, that funds may be raised for organizational dues or to defray the cost of the activity by a nonprofit organization or cosponsored activity without first securing a permit; E. Use, or interfere with the use of, any city park or building or portion thereof which at the time is reserved by a permit for the use of any other person or group; F. Reserved.

G. Possess, serve or consume alcoholic beverages of any kind within any city park or building, except as may be expressly conditioned by permit; H. Bring or permit to remain within any park any domesticated animal, except securely leashed and under control, nor fail to promptly remove to an appropriate receptacle fecal matter deposited by such animals. Domesticated animals shall be prohibited from city buildings except Seeing Eye dogs or other specially trained dogs to assist handicapped or disabled persons;
I. Possess, discharge or shoot any firework, firearm, model rocket or bow and arrow in any park, except as may be expressly conditioned by permit; provided, however, that 351
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slingshots, airguns, firecrackers and other such devices potentially harmful to park visitors are prohibited in all parks;
J. Play or practice golf in any area not expressly designated for such use; K. Swim or wade in any area not expressly designated for such use; L. Bring or permit to remain within any park or building any livestock or exotic undomesticated animals except as may be expressly conditioned by permit; M. Hunt, kill, chase, wound, tease, molest or capture any wild or domestic bird or animal in a park, except chasing or capturing of one's own animal, nor remove or have in his or her possession the young, eggs or nest of any such creature; N. Intentionally remove, break, injure, deface or disturb any material, equipment, structure, building or improvement, nor cut, dig up, pick, remove or destroy any turf, tree, plant, shrub, bloom or flower in a park;
O. Contaminate in any way any water, fountain, pools, lakes, rivers, other water supply or wash any clothing or cooking utensils in any such waters in a park; P. Dispose of trash or garbage not accumulated within park areas, nor dispose of trash or garbage accumulated within park areas other than in receptacles provided for this purpose;
Q. Start or maintain fires in parks other than in "on-site" barbecue pits or personal portable barbecues within designated picnic areas, nor fail to extinguish live coals or fires before leaving the picnic area;
R. Open, expose or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose; S. Use, operate or leave standing, whether attended or unattended, any vehicle or motorized objects in a park, except as provided in this chapter; T. Camp in any city park, parking area, or building without a use permit therefor as provided in this chapter;
U. Remain or loiter in any park or building between one hour after sundown and six a.m. except as expressly conditioned by permit;
V. Enter, be or remain in any city park or building unless he or she complies with all regulations set forth in this chapter or procedures adopted pursuant thereto; W. A maximum load limit of ten thousand pounds allowed on the Broderick Boat Ramp facility.

12.12.080 Types of Permits.

The following types of permits are expressly required where applicable:

A. Facility Use Permit. This permit is the basic permit for the exclusive, restricted use of a park or building or portions thereof.

1. No person shall use amplified sound except between sunrise and sunset unless otherwise expressly conditioned in the permit;

2. No sound shall be amplified except human speech or music, or both;

3. No amplified sound may exceed a noise level of eighty-four dBA, at a distance of thirty-five feet from the noise source(s), or exceed fifty-five dBA on residential property.

The provision of this paragraph shall not apply to the use of any amplified sound by any peace officer, or employee of the city, while engaging in the performance of his or her duties.

C. Fundraising Permit. In addition to any other permit required by this chapter, any nonprofit organization desiring to raise funds in any park or building shall first obtain a fund raising permit. Fund raising permits must be approved for issuance by the pParks, Recreation, and Intergenerational Services cCommission and are not subject to the time limitations of Section 12.12.070.

E. Parking Permit Fees. The parking permit fees at city parks shall be established by resolution of the city council.

12.12.090 Priority reservations.

Organized member groups of the East Yolo sports federationAthletic Roundt Table shall be considered for priority issuance of park use permits over any other use, except for programs sponsored or cosponsored by the city, or conducted under agreement with the city.

A. Priority consideration hereunder shall include the revocation of existing conflicting use permits if application by the member group is made not less than ten businessthirty days before the earliest use date of the conflicting permit which is to be revoked.

B. Priority consideration hereunder extends only to park facilities designated for scheduled use of the type requested.

C. Conflicting use permit requests by two or more members of the East Yolo sports federationAthletic Roundtable shall all be treated as nonpriority requests.

D. For the purpose of this section, the East Yolo sports federationAthletic Roundtable is a group of local youth league presidents/directors within the city limits of West Sacramento in which 90% of their participants are West Sacramento youth residents. shall be deemed to exist when four or more nonprofit groups organized primarily to engage in team athletics and whose members are principally residents of the city, and which groups are recognized as such by the city, join together to promote their common interest in a manner acceptable to the city.

12.12.120 Appeal of permit revocation or denial.

An applicant may appeal the revocation or denial of any permit under this chapter to the city pParks , Recreation, and Intergenerational cCommission, who may affirm, reverse or amend the action. The appeal must be filed in writing within three business days of the decision to revoke or deny the permit. The decision of the city pParks, Recreation, 353
Attachment 2
4861-9635-2999.3 007203.038
and Intergenerational cCommission may be further appealed to the city council in accordance with the uniform appeals and hearings procedure as established by Chapter

1.08. 12.12.130 Fees.

Such fees as may be established from time to time by the pParks , Recreation, and Intergenerational cCommission and approved by the city council for the use of city parks and buildings shall be collected at the time of issuance of permits, and no permit for which a fee has been established shall be issued if such fee has not first been paid. The schedule of fees shall be reviewed annually by the pParks , Recreation, and Intergenerational cCommission and adopted by resolution of the city council.

12.12.150 Motorized vehicles.

While within the boundaries of any city park, no person shall:

A. Drive or operate any motorized vehicle or craft except in areas specifically designated, or as expressly conditioned by permit;
B. Park, stand or stop any motorized vehicle except in areas specifically designed as parking areas, or as expressly conditioned by permit;
C. Park, stand or stop or otherwise allow his or her vehicle to remain within the park during the hours the park is closed, whether the park is physically restricted or not, except as may be expressly conditioned by permit;
D. Wash, detail, or repair, maintain or dismantle any vehicle; E. Drive or operate any motorized vehicle contrary to the California Vehicle Code, except as may be expressly conditioned by permit.

12.12.180 Facility use schedule.

The city manager or his or her authorized designee shall promulgate a schedule which shows uses and capacities of each park or building. Such schedule shall be approved by the city pParks, Recreation, and Intergenerational cCommission and adopted by resolution of the city council.

12.12.240 Violation—Penalty.

C. The city manager or the city manager's authorized designee shall have the authority to amend, modify, suspend or revoke a use permit upon finding of violation.

D. The city manager or the city manager's authorized designee may close or cause to be closed any city park, building, recreation area or portion thereof, and remove all persons therefrom when in the city manager's judgment such closing will best preserve 354
Attachment 2
4861-9635-2999.3 007203.038
the public peace, prevent damage to public property or quell or prevent violent disturbance. The city manager or the city manager's authorized designee may also cause to be removed any and all persons whose presence on the premises is disruptive to the normal and safe use and enjoyment of the premises.

E. A violation of sections 12.12.150 B, C, and D shall be an infraction punishable by fine as established by resolution of the city council.
355
Attachment 3
RESOLUTION 24-114

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

AMENDING THE BOOK OF FEES TO ADOPT FEES FOR PARKING ACTIVITIES WITHIN

THE CITY OF WEST SACRAMENTO
WHEREAS, the City Council has the authority to establish fees or service charges which do not exceed the reasonable cost of enforcing regulatory activities or providing product or service; and
WHEREAS, the City Council has exercised this authority by adopting Resolution No. 89-128 establishing the City of West Sacramento Book of Fees; and WHEREAS, this Book of Fees is amended from time to time to reflect changes in the cost of enforcing regulating activities or providing product or service; and WHEREAS, the City Council wishes to amend the Book of Fees to adopt fees for various City services.

NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND FOUND by the City Council of the City of West Sacramento that:

1. The various fee schedules attached as Exhibits A, B and C hereto and incorporated by reference herein are hereby adopted into the City of West Sacramento Book of Fees.

2. The City Council finds that as required by various government codes, it has held at least one public hearing at which oral or written presentations could be made, as a part of a regularly scheduled meeting, and that notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data of this matter is available, was noticed by publication two times over a period of ten days with at least five days intervening between dates of publication, in a newspaper of general circulation in the City; and a first class mailing was made to anyone filing a written request.

3. The City Council hereby finds, based on the information and documents prepared for and presented to the Council to support this action, that the rates, fees, charges and costs approved hereby are for the purpose of and necessary for (a) meeting operating expenses, including employee wage rates and fringe benefits, (b) purchasing or leasing supplies, equipment, or materials, (c) meeting financial reserve needs and requirements, and (d) obtaining funds for capital projects necessary to maintain and replace service within existing service areas and City boundaries.

4. The fees and charges adopted herein are to become effective on January 4, 2025 unless otherwise indicated on the fee schedule or provided for in California law.

PASSED AND ADOPTED by the West Sacramento City Council this 4 th day of December, 2024
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerreo, Mayor
356
Resolution 24-114

Page 2 ends

ATTEST:

Jennifer Cusmir, City Clerk
357
Exhibit A

CITY OF WEST SACRAMENTO

BOOK OF FEES

Page 1 of 3 ends

Description Authority Effective Date

OFF- STREET PUBLIC PARKING FACILITY RATES
Ordinance 17-4
Res. 17-13
Res. 19-91
Res. 24-114
May 19, 2017
Sep 18, 2019
Jan 4, 2025
The City of West Sacramento has established off-street public parking facilities in the Bridge, Washington and Civic Center Districts, and Resolutions 17-13 and 19-91 established rates for said facilities.

This rate may be adjusted manually by Resolution, on July 1 and commencing July 1, 2018, by the lesser of Local Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose Area for All Urban Consumers or 5% of the amount in effect for the previous Fiscal Year. The CPI used shall be as determined by the Bureau of Labor Statistics from April to April beginning with the period from April 2016 to April 2017.

The off-street parking facility rate is, as follows:

A. Off-Street Parking Facility Fees
Location Description Amount
5 th & Bridge Lot
Delayed Rate; rate ceases once
parking daily average occupancy
reaches 85%
$0.00 up to two hours
Hourly Rate $1.75$2.00
Daily Maximum; valid until 7AM next
day $10.00
Resident Visitor Daily Rate $5.00
Monthly Rate
$40.00$60.00
$80.00 beginning July 1,
2026
Special Event Rate
No More Than 125% of the
Rate Charged at the Stadium
Located at 400 Ballpark Dr
7 th & Tower Bridge
Gateway Lot
Hourly Rate $1.00
Daily Maximum; valid until 7AM next
day $5.00
Monthly Rate – Unreserved $40.00
Monthly Rate – Reserved $60.00
Special Event Rate
No More Than 125% of the
Rate Charged at the Stadium
Located at 400 Ballpark Dr
358
Exhibit A

CITY OF WEST SACRAMENTO

BOOK OF FEES

Page 2 of 3 ends

Description Authority Effective Date

OFF- STREET PUBLIC PARKING FACILITY RATES
Ordinance 17-4
Res. 17-13
Res. 19-91
Res. 24-114
May 19, 2017
Sep 18, 2019
Jan 4, 2025
Ziggurat Garage
28 City Spaces
Hourly Rate

1.75 up to 1 hour, $3.00 for
2 nd hour, $3.75 each hour
thereafter
Monthly Rate – Unreserved $95.00
Monthly Rate – Reserved $135.00
Monthly – Nights & Weekends $50.00
Ziggurat Garage
Main Garage
City Access Times
Daily Maximum; must exit before 7AM
No More Than $5.00 Daily
Maximum Charged by
Garage Owner
Special Event Rate
No More Than $10.00Rate
Charged at the Stadium
Located at 400 Ballpark Dr
Monthly Rate
$50.00No More Than
Monthly Rate Charged by
Garage Owner
Garage Monthly
Parking Access
Card Fee
For issuing new card $10.00
For issuing replacement card $30.00
All City-Owned or
Managed Parking
Facilities
Parking Reservation Technology Fee Up to 15% of Parking Fee IOU Processing Fee per WSMC

10.38.060(A) $5.00
IOU Late Fee per WSMC 10.38.060(A) $25.00
Broderick Boat
Ramp
Vehicle Only – Daily Flat Rate Max $7.00
Vehicle with Trailer – Daily Flat Rate
Max $13.00
Vehicle with Trailer – Annual Pass
(West Sacramento Resident)*
$85.00
Vehicle with Trailer – Annual Pass
(Non-Resident)
$130.00
*Proof of residency required.
359
Exhibit A

CITY OF WEST SACRAMENTO

BOOK OF FEES

Page 3 of 3 ends

Description Authority Effective Date

OFF- STREET PUBLIC PARKING FACILITY RATES
Ordinance 17-4
Res. 17-13
Res. 19-91
Res. 24-114
May 19, 2017
Sep 18, 2019
Jan 4, 2025
B. FEE ADJUSTMENTS
The City Manager, or his/her designee, has the authority to make fee adjustments, as needed, not to exceed 20% of the published fee schedules adopted under Resolution 24- 114.

HISTORY:

AUTHORITY DATE ACTION
Ord. 17-4
Res. 17-13
Res. 19-91
4/19/2017
4/19/2017
9/18/2019
Adopted
Adopted
Adopted – added new locations
360
Exhibit B

CITY OF WEST SACRAMENTO

BOOK OF FEES
Description Authority Effective Date

PARKING METER RATES
Ordinance 17-4
Res. 17-13
Res. 19-57
Res. 19-91
Res. 24-114
May 19, 2017
June 5, 2019
Sep 18, 2019
Jan 4, 2025
On April 19, 2017, the City Council adopted uncodified ordinance 17-4 to establish parking meter rates as authorized by the West Sacramento Municipal Code Section 10.26.060 and California Vehicle Code Section 22508. The following parking meter rates below are effective for parking meter zones established by West Sacramento Municipal Code Section 10.26.010:. A map of the meter zones is attached.

1. Base Meter Rate: $1.752.00

2. Tier Based Meter Rate
The tier-based parking rates are as follows:

Hour 1 Hour 2 Hour 3 Hour 4 Hour 5 Hour 6
1+ meter $1.75$2.00 $3.00$3.50 $3.75$4.50 $3.75$4.50 $3.75$4.50 $3.75$4.50 2+ meter $1.75$2.00 $1.75$2.00 $3.00$3.50 $3.75$4.50 $3.75$4.50 $3.75$4.50 3+ meter $1.75$2.00 $1.75$2.00 $1.75$2.00 $3.00$3.50 $3.75$4.50 $3.75$4.50 4+ meter $1.75$2.00 $1.75$2.00 $1.75$2.00 $1.75$2.00 $3.00$3.50 $3.75$4.50 1+ meter: Parking up to one hour at Base Meter Hourly Rate before Tier 2 is in effect. 2+ meter: Parking up to two hours at Base Meter Hourly Rate before Tier 2 is in effect. 3+ meter: Parking up to three hours at Base Meter Hourly Rate before Tier 2 is in effect. 4+ meter: Parking up to four hours at Base Meter Hourly Rate before Tier 2 is in effect.

3. Special Event Meter Rate
The special event meter rate shall be in effect two hours prior to and during special events.

Payment of the flat rate will allow the vehicle to park until it departs from the space.

Special Event Meter Rate activation point based on meter type:

Hour 1 Hour 2 Hour 3 Hour 4 Hour 5 Hour 6
1+ meter $1.752.00 $3.00$3.50 Special Event Meter Rate
2+ meter $1.75$2.00 $1.75$2.00 Special Event Meter Rate 3+ meter $1.75$2.00 $1.75$2.00 $1.75$2.00 Special Event Meter Rate 4+ meter $1.75$2.00 $1.75$2.00 $1.75$2.00 Special Event Meter Rate 361
Exhibit B
Administered by Administrative Services – Finance Division Page 2 of 6 1+ Meters Rates during hour 1 (Tier 1) and hour 2 (Tier 2) shall not change. At hour 3 (Tier 3) rate will be the Special Event Meter flat rate. 2+ Meters Rates during hour 1 and 2 (Tier 1) shall not change. At hour 3 (Tier 2) rate will be the Special Event Meter flat rate.
3+ Meters Rates during the first three hours (Tier 1) shall not change. At the fourth hour (Tier 2) the rate will be the Special Event Meter flat rate. 4+ Meters Rates during the first four hours (Tier 1) shall not change. At the fifth hour (Tier 2) the rate will be the Special Event Meter flat rate.

The calculation of special event meter flat rates will be as follows:

Special Event Meter Zone (Bridge District):

Tier-based meters located in the Special Event Meter Zone A shall charge a flat meter rate after expiration of the posted number of hours, with the exception of 1+ zone, as described above.

The meter flat rate shall be no more than 125% of the special event parking flat rate charged at Raley FieldSutter Health Park. A diagram map of the Special Event Meter Zone A is attached.

4. Delayed Meter Rate
The delayed meter rate shall be in effect on Riverfront Street, from Mill Street to Bridge Street, and in the 5th & Bridge Lot and shall delay the charging of the parking meter rate until the end of the second hour. At the end of the second hour, normal parking meter rates shall resume at the Hour 3 level. Only one session per vehicle, per day at this rate shall be allowed. The delayed meter rate shall cease at each location once the daily average occupancy rate there reaches 85%.

Delayed Meter Rate at Tier Based Meters
Hour 1 Hour 2 Hour 3 Hour 4 Hour 5 Hour 6
1+ meter No Charge $3.75$4.50 $3.75$4.50 $3.75$4.50 $3.75$4.50 2+ meter No Charge $3.00$3.50 $3.75$4.50 $3.75$4.50 $3.75$4.50 3+ meter No Charge $1.75$2.00 $3.00$3.50 $3.75$4.50 $3.75$4.50 4+ meter No Charge $1.75$2.00 $1.75$2.00 $3.00$3.50 $3.75$4.50 Delayed Meter Rate at Tier Based Meters When the Special Event Meter Rate is in Effect Hour 1 Hour 2 Hour 3 Hour 4 Hour 5 Hour 6
1+ meter No Charge Special Event Meter Rate
2+ meter No Charge Special Event Meter Rate
3+ meter No Charge $1.75$2.00 Special Event Meter Rate
4+ meter No Charge $1.75$2.00 Special Event Meter Rate
362
Exhibit B
Administered by Administrative Services – Finance Division Page 3 of 6 Delayed Meter Rate at the 5th & Bridge Lot
Hour 1 Hour 2 Hour 3 Hour 4 Hour 5
Rate No Charge $1.75$2.00 $1.75$2.00 $1.75$2.00
Delayed Meter Rate at the 5th & Bridge Lot When the Special Event Meter Rate is in Effect Hour 1 Hour 2 Hour 3 Hour 4 Hour 5
Rate No Charge Special Event Meter Rate

5. Monthly Parking Zone Rate
The monthly parking zone rate will be based on the monthly rate Off-Street Public Parking Facility Rateat the 5th & Bridge Lot, plus twenty dollars ($20.00).

6. Daily Meter On-Street Parking Use Fee
The daily meter on-street parking use fee shall be $6.00$7.00 per metered space per day.

7. Parking Meter/Pay Machine Removal
Removal of parking meter/pay machine due to construction project, as needed.

Rate: Actual cost charged by City of Sacramento. $250.00 as of November 2024. See City of Sacramento Master Fee Schedule- Parking Meter Rates & Fees for current fee amount.

8. Parking Meter/Pay Machine Installation
Reinstallation of parking meter/pay machine due to construction project, as needed.

Rate: Actual cost charged by City of Sacramento. $1,050.00 as of November 2024. See City of Sacramento Master Fee Schedule- Parking Meter Rates & Fees for current fee amount.

9. Valet Permit
The fee to operate valet parking in designated service zones per WSMC 10.46.050(A) is $200 for new locations and $65 for annual renewal.

FEE ADJUSTMENTS
The City Manager, or his/her designee, has the authority to make fee adjustments, as needed, not to exceed 20% of the published fee schedules adopted under Resolution 24-114. 363
Exhibit B
Administered by Administrative Services – Finance Division Page 4 of 6 364
Exhibit B
Administered by Administrative Services – Finance Division Page 5 of 6 365
Exhibit B
Administered by Administrative Services – Finance Division Page 6 of 6 HISTORY:

AUTHORITY DATE ACTION
Ord. 17-4
Res. 17-13
Res. 19-57
Res. 19-91
4/19/2017
4/19/2017
6/5/2019
9/18/2019
Adopted
Adopted
Adopted- added delayed meter rate
Adopted- moved some rates to off-street Book of Fees, added 10 hr meter rate 366
Exhibit C

CITY OF WEST SACRAMENTO

BOOK OF FEES
Administered by Administrative Services – Finance Division Page 1 of 6 Description Authority Effective Date

PARKING VIOLATION FINES
Resolution 09-68
Resolution 17-62
Resolution 17-60
Resolution 19-91
Resolution 24-
114
Oct. 1, 2009
Sept. 6, 2017
Oct. 18, 2017
Sep 18, 2019
Jan 4, 2025
A. CITY UNIFORM TRAFFIC CODE:

Section Offense Fine Add-on Total

10.24.020(a) No Parking Zone $
3060.00
$ 15.00 $
4575.00

10.24.020(b) No Parking Zone (temporary for
cleaning, repair, construction)
$ 30.00 $ 15.00 $ 45.00

10.24.020(e) Parking on Sidewalk $ 30.00 $ 15.00 $ 45.00

10.24.030 Parallel Parking Over 18” from
Curb $
3035.00
$ 15.00 $
4550.00

10.24.040(c) Angle ParkingParking Backward in
Angle
Parking Space (on street) $
3050.00
$ 15.00 $
4565.00

10.24.060050 Obstructing Normal Traffic
Movement $ 85.00 $ 15.00 $100.00

10.24.080070 Vehicle Repair/Dismantling
(except emergency) $
3050.00
$ 15.00 $
4565.00

10.24.090080 Parked Next to Median $
3050.00
$ 15.00 $
4565.00

10.24.1100(a) No Parking Zone (temporary for
events or emergencies)
$
3060.00
$ 15.00 $
4575.00

10.24.1100(b) No Parking Zone (temporary for
activity creating traffic
congestion)
$
3060.00
$ 15.00 $
4575.00

10.24.120110 Time Limited Parking $
3050.00
$ 15.00 $
4565.00

10.24.130120 Parking Space Markings $
3050.00
$ 15.00 $
4565.00

10.24.140130 Red Zone $
30100.00
$ 15.00 $
45115.0
0 10.24.17160(a) Loading Zone - 20 Min $
3060.00
$ 15.00 $
4575.00

10.24.17160(b) Loading Zone - 3 Min or Posted
Time Limit
$
3060.00
$ 15.00 $
4575.00
367
Exhibit C

CITY OF WEST SACRAMENTO

BOOK OF FEES
Administered by Administrative Services – Finance Division Page 2 of 6 Description Authority Effective Date

PARKING VIOLATION FINES
Resolution 09-68
Resolution 17-62
Resolution 17-60
Resolution 19-91
Resolution 24-
114
Oct. 1, 2009
Sept. 6, 2017
Oct. 18, 2017
Sep 18, 2019
Jan 4, 2025

10.24.180170 Parking in Alley $
3050.00
$ 15.00 $
4565.00

10.24.180 Construction Zone $ 50.00 $ 15.00 $ 65.00

10.24.19200(c) Taxi or Rideshare Parked Outside
Taxi/Rideshare Spaces
$
85100.00
$ 15.00 $100115
.00

10.24.200210 Bus or, Taxi, Rideshare, Car
Share Zone
$
3050.00
$ 15.00 $
4565.00

10.24.250220 Blue Zone – Disabled Placard
Only (on street)
$285
445.00
$ 15.00 $300
460.00

10.24.240 Parkway $ 50.00 $ 15.00 $ 65.00

10.24.250 Special Event Parking $ 50.00 $ 15.00 $ 65.00

10.24.260 Parking on a Levee $ 250.00 $ 15.00 $ 265.00

10.26.090

10.36.020(a)
Meter Expired
Commercial Vehicle over
$
3060.00
$ 15.00 $
4575.00
10,000 Lbs. GVWR
in Residential Area $
55275.00
$ 15.00 $
70290.0
0 10.36.020(c) Parking Unattached Trailer $ 241.00 $ 15.00 $ 256.00

10.38.010(a) Parking on Private Property
Without Consent
$ 60.00 $ 15.00 $ 85.00

10.38.010(b) Parking on Unimproved Surface $ 50.00 $ 15.00 $ 65.00

10.38.010(c) Parking on Vacant Property with
For Sale Sign
$ 50.00 $ 15.00 $ 65.00

10.38.020 Parking on City Property $ 60.00 $ 15.00 $ 75.00

10.38.030 Maintaining, dismantling, repairing
vehicles on City property
$ 60.00 $ 15.00 $ 75.00

10.38.060 Failure to Pay Fees Due for
Parking in Municipal Facilities
$ 150.00 $ 15.00 $ 165.00

10.44.130140(a
)
Parking in Permit Only Area $
3050.00
$ 15.00 $
4565.00

10.44.140(c) Use of Permit for Commuter
Parking
$ 250.00 $ 15.00 $ 265.00

10.44.130(bd) Counterfeit Residential Parking
Permit
$ 500.00 $ 15.00 $ 515.00

12.12.150(b) Parking in City Park Outside
Designated Parking Area
$ 60.00 $ 15.00 $ 75.00
368
Exhibit C

CITY OF WEST SACRAMENTO

BOOK OF FEES
Administered by Administrative Services – Finance Division Page 3 of 6 Description Authority Effective Date

PARKING VIOLATION FINES
Resolution 09-68
Resolution 17-62
Resolution 17-60
Resolution 19-91
Resolution 24-
114
Oct. 1, 2009
Sept. 6, 2017
Oct. 18, 2017
Sep 18, 2019
Jan 4, 2025

12.12.150(c) Parking in City Park During Hours
Park is Closed
$ 60.00 $ 15.00 $ 75.00

12.12.150(d) Parking in City Park – Wash,
Repair, Maintain, Dismantle
Vehicle
$ 60.00 $ 15.00 $ 75.00

19.10.003(a) Abandon vehicle on property
without consent
$ 30.00 $ 15.00 $ 45.00

19.10.003(b) Vehicle Moved to Other Site for $ 30.00 $ 15.00 $ 45.00 Storage

19.10.003(c) Vehicle Stored on Street $ 30.00 $ 15.00 $ 45.00 Violation of Any Other Law
Regarding the Parking,
Standing, or Stopping of
Vehicles
$ 30.00 $ 15.00 $ 45.00
B. CALIFORNIA VEHICLE CODE:

V.C. Section Offense Fine Add-on Total
4000(a) Expired Registration $ 60.00 $ 15.00 $ 75.00
4457 Illegible/Damaged License Plate $ 43.00 $ 15.00 $ 58.00 4462(b) Wrong Registration Displayed $ 43.00 $ 15.00 $ 58.00 4464 Altered License Plate $ 43.00 $ 15.00 $ 58.00
5011 Display Special Equipment Plate $ 43.00 $ 15.00 $ 58.00 5017 Display of I.D. Plate $ 43.00 $ 15.00 $ 58.00
5109 Transfer or Retention - Plates $ 43.00 $ 15.00 $ 58.00 5200 License Plates Required $ 43.00
$ 10.00
w/ proof
of plates
$ 15.00 $ 58.00
5201 Plate Improperly Positioned $ 43.00 $ 15.00 $ 58.00 5201(e) Plate Cover Prohibited $ 43.00 $ 15.00 $ 58.00
5204 Current Plate Tabs $ 69.00
$ 10.00
w/ proof
of current
tabs
$ 15.00 $ 84.00
21116(a) Unlawful Driving on Levee, $127.00 $ 15.00 $142.00 Canal Bank, etc.
369
Exhibit C

CITY OF WEST SACRAMENTO

BOOK OF FEES
Administered by Administrative Services – Finance Division Page 4 of 6 Description Authority Effective Date

PARKING VIOLATION FINES
Resolution 09-68
Resolution 17-62
Resolution 17-60
Resolution 19-91
Resolution 24-
114
Oct. 1, 2009
Sept. 6, 2017
Oct. 18, 2017
Sep 18, 2019
Jan 4, 2025
21211(b) Bike Lane $
30100.00
$ 15.00 $
45115.0
0 22500(a) Parking within Intersection $
3560.00
$ 15.00 $
5075.00
22500(b) Parking within Crosswalk $
3560.00
$ 15.00 $
5075.00
22500(c) Parking within Safety Zone $ 35.00 $ 15.00 $ 50.00 22500(d) Parking Limit - Fire Station $ 35.00 $ 15.00 $ 50.00 22500(e) Blocking Driveway $
3050.00
$ 15.00 $
4565.00
22500(f) Parking on Sidewalk $
3060.00
$ 15.00 $
4575.00
22500(g) Parking - Construction
ZoneExcavation
$
3050.00
$ 15.00 $
4565.00
22500(h) Double Parking $
3060.00
$ 15.00 $
4585.00
22500(i) Improper Parking - Bus Zone $ 260.00 $ 15.00 $ 275.00 22500(j) No Parking -Tube or Tunnel $
3035.00
$ 15.00 $
4550.00
22500(k) Bridges or Overpasses $
3035.00
$ 15.00 $
4550.00
22500(l) Blocking Access to Curb Ramp
(Sign)
$ 260.00 $ 15.00 $ 275.00
22500(n) Parking within 20’ of Crosswalk –
Vehicle Approach Side
$ 10.00 $ 15.00 $ 25.00
22500.1 Fire Lane $
35100.00
$ 15.00 $
50115.0
0 22502(a) Parking within 18" of Curb $
3035.00
$ 15.00 $
4550.00
22502(b) Parked Opposite Direction $
3050.00
$ 15.00 $
4565.00
22502(e) One-Way Street - within 18" $
3050.00
$ 15.00 $
4565.00
22505(b) Posted - No Parking State
Highway
$
3060.00
$ 15.00 $
4575.00
22507.8(a) Parking Space for Disabled $285
445.00
$ 15.00 $300
460.00
370
Exhibit C

CITY OF WEST SACRAMENTO

BOOK OF FEES
Administered by Administrative Services – Finance Division Page 5 of 6 Description Authority Effective Date

PARKING VIOLATION FINES
Resolution 09-68
Resolution 17-62
Resolution 17-60
Resolution 19-91
Resolution 24-
114
Oct. 1, 2009
Sept. 6, 2017
Oct. 18, 2017
Sep 18, 2019
Jan 4, 2025
22507.8(b) Obstructing Disabled Space $285
445.00
$ 15.00 $300
460.00
22507.8(c) Parking Lines-Disabled Space $285
445.00
$ 15.00 $300
460.00
22511.1(a) EV Charging Space $ 50.00 $ 15.00 $ 65.00
22511.1(b) Obstructing EV Charging Space $ 50.00 $ 15.00 $ 65.00 22514 Fire Hydrant within 15 Feet $
43100.00
$ 15.00 $
58115.0
0 22515 Engine Running-No Driver $ 30.00 $ 15.00 $ 45.00 22516 Locked Vehicle-Person Inside $ 30.00 $ 15.00 $ 45.00 22520 Stopping on Freeway $ 30.00 $ 15.00 $ 45.00
22520.5 Vending - Freeway Right of Way $ 35.00 $ 15.00 $ 50.00 22521 Parking - Railroad Tracks $
3050.00
$ 15.00 $
4565.00
22522 Disabled Ramp - within 3½ Feet $285.00 $ 15.00 $300.00 22523(a) Vehicle Abandonment - Highway $ 91.00 $ 15.00 $106.00 22523(b) Vehicle Abandonment $ 91.00 $ 15.00 $106.00
22526 Entering Occupied Intersection $ 60.00 $ 15.00 $ 75.00 22951 Parking Lots - Street/Alley $ 30.00 $ 15.00 $ 45.00 23114(2)(a) Vehicles Transporting Materials $241.00 $ 15.00 $256.00 Shall Be Equipped with
Properly Functioning Seal and
Gates
40226 Failure to Display Disabled
Placard
$ 3025.00 $ 15.00 $
4540.00
Violation of Any Other Law
Regarding the Parking,
Standing, or Stopping of
Vehicles
$ 30.00 $ 15.00 $ 45.00
Note: Add-on charges include all charges imposed by federal and state law, as well as all charges for third-party collection, are reflected in the amounts shown in sections A and B. These passthrough charges are for: Yolo County Criminal Justice, Courthouse and State Courthouse construction funds; fix-it state fees; state Department of Motor Vehicles collection fee; and vendor processing fee within the state and collection fee for out of state. 371
Exhibit C

CITY OF WEST SACRAMENTO

BOOK OF FEES
Administered by Administrative Services – Finance Division Page 6 of 6 Description Authority Effective Date

PARKING VIOLATION FINES
Resolution 09-68
Resolution 17-62
Resolution 17-60
Resolution 19-91
Resolution 24-
114
Oct. 1, 2009
Sept. 6, 2017
Oct. 18, 2017
Sep 18, 2019
Jan 4, 2025
C. DELINQUENCIES – BASIC PENALTY:

A one-time late penalty of $13.00equal to the parking citation fine amount shall be added to each delinquent parking violation fine at the time the delinquent notice is issued, which shall be no sooner than fifteen twenty-one (1521) consecutive days from the violation date. This penalty includes $3.00 charged by the state Department of Motor Vehicles as a collection fee.

D. PAYMENT PLANS
A $5.00 fee shall be charged to set up a parking citation payment plan for indigent persons, consistent with Vehicle Code 40220.

E. FEE ADJUSTMENTS
The City Manager, or his/her designee, has the authority to make fee adjustments, as needed, not to exceed 20% of the published fee schedules adopted under Resolution 24-114.

HISTORY:

AUTHORITY DATE ACTION
Res. 06-5 1/19/06 Approval
Res. 09-68
Res. 17-62
Res. 17-60
Res. 19.91
9/2/09
9/6/17
10/18/17
9/18/19
Adjust lines to reflect pass-thrus throughs of state increases and court costs Add meter violation in section A
Add bike lane violation in section B
Add several pre-existing violations
372

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 4, 2024 ITEM #15
SUBJECT:

PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-127 AUTHORIZING

PARTICIPATION IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (“CEDA”) BONDS ASSISTING NEW DEVELOPMENT (“BAND”) PROGRAM AND CONSIDERATION OF RESOLUTION 24-128 APPROVING ASSOCIATE MEMBERSHIP IN

CEDA AND EXECUTION OF ASSOCIATE MEMBERSHIP AGREEMENT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Marc Rotteveel, Senior Finance Analyst
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
This item includes a brief staff presentation regarding the California Enterprise Development Authority (BAND) Program and the participation with CEDA, followed by City Council discussion, a public hearing to take public testimony on BAND and bonds to be issued by CEDA. This report requests authorization to add an additional public financing tool for private developers looking at financing public infrastructure within the City.

RECOMMENDED ACTION
Staff respectfully requests that the City Council:

1. Conduct a public hearing;

2. Adopt Resolution 24-127 authorizing participation in the BAND program;

3. Adopt Resolution 24-128 approving Associate Membership in CEDA and approving the form of the Associate Membership Agreement;

4. Authorize the Finance Director, or designee, to execute all documents and take any and all actions necessary and appropriate to carry out the intent of this resolution.

BACKGROUND
The California Enterprise Development Authority (“CEDA”) is a joint powers authority established by the California Association for Local Economic Development (“CALED”) whose purpose is to issue tax-exempt and taxable conduit revenue bonds to fund industrial and commercial development projects and other public purpose projects within the current and future member jurisdictions. Federal and state laws provide the ability for cities and counties to join under cooperative agreements to form joint powers authorities to issue tax-exempt and taxable bonds to fund projects that provide a public benefit and serve the needs of residents within the jurisdictions of the participating members. Cities and counties in California utilize joint powers authorities primarily for economies of scale, to access specialized transaction knowledge and resources, and to avoid using valuable local staff time on these types of transactions.

CEDA is a joint powers authority created pursuant to a Joint Powers Agreement, dated as of June 1, 2006 (the “JPA Agreement”), among the cities of Selma, Lancaster and Eureka. There are now approximately 275 cities and counties who are associate members of the CEDA. CEDA’s activities provide economic development assistance to member jurisdictions as an extension of the economic development assistance provided by CALED to its members.

The JPA Agreement permits any other local agency in California to join CEDA as an “Associate Member.” Associate membership in CEDA will assist the City as well as for-profit and nonprofit organizations located within the City in financing industrial and commercial development projects and other public purpose projects within the City. Associate Members are not restricted or inhibited in any way with respect to their independent ability to finance any project in any manner they deem appropriate, which may or may not involve or include CEDA.

Once the City becomes an Associate Member of CEDA, the City will be eligible to participate in the Authority’s programs.

The CEDA BAND Program promotes economic development within the jurisdiction of CEDA’s existing member agencies and agencies that become associate members of CEDA (the “Member Agencies”) by forming various financing districts to finance certain public improvements. The City of West Sacramento (the “City”) would like to participate in the CEDA BAND Program. Participation in said program will enable property owners within the City to finance public infrastructure and development impact fees (“Eligible Improvements”) required as a result of new development. 373
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The CEDA BAND Program promotes economic development within the jurisdiction of CEDA’s existing member agencies and agencies that become associate members of CEDA (the “Member Agencies”) by forming various financing districts to finance certain public improvements. The CEDA BAND Program is offered at the request of property owners within the jurisdiction of the Member Agencies to finance Eligible Improvements through the formation CFDs and/or Assessment Districts (“ADs”), levy and collection of special taxes and/or assessments on the property of participating owners, and the issuance CFD bonds (“CFD Bonds”) and AD bonds (“AD Bonds”) secured by such special taxes and/or assessments.

The CEDA BAND Program may also refinance outstanding CFD Bonds and AD Bonds created by Member Agencies. Additionally, CEDA is authorized to finance facilities owned and operated by another public agency pursuant to a CFD so long as it enters into a joint community facilities agreement with such entity.

CEDA is also authorized to assist Member Agencies with financing public improvements through the formation of Tax Increment Financing Districts (“TIFDs”), the collection of tax increment within a TIFD and the issuance of tax increment bonds. Such TIFDs include Enhanced Infrastructure Financing Districts, which may finance public infrastructure of community wide significance, Community Revitalization and Investment Authority (“CRIAs”), which may finance public infrastructure, including affordable housing, and provide financial assistance to small businesses in disadvantaged communities, and Climate Resiliency Districts (“CRDs”) which may finance both public improvements that address sea level rise, extreme heat, extreme heat and cold, the risk of wildfire, drought, and flooding and maintenance of such improvements.

The City Council has already approved participation in two other similar programs that administer bond financing through the use of Community Facility Districts (CFDs) as a mechanism for developers throughout the state to fund impact fees or infrastructure required for development. The City has participated in the California Municipal Finance Authority’s (CMFA) Bond Opportunities for Land Development (BOLD) program since 2019 and the California Statewide Community Development Association’s (CSCDA) Statewide Community Infrastructure Program (SCIP) since 2008. This item seeks approval to expand the City’s development finance offerings to include one more program that would be available to developers to finance the significant cost of new development while relieving City staff from the ongoing obligation to administer the bonds and the CFDs.

ANALYSIS
Participation in the CEDA BAND Program offers several advantages. Joining CEDA BAND is straightforward, requiring adoption of a resolution becoming an associate member of CEDA and a resolution authorizing the CEDA BAND Program. Once part of the program, CEDA BAND’s financing team takes responsibility for the formation of a financing district, bond issuance, and post-sale compliance, thereby alleviating the burden on limited staff time and resources. Additionally, CEDA BAND provides competitive fees compared to other CFD conduit issuers. The program is designed as a turn-key solution, with an experienced financing team already in place. Moreover, CEDA BAND holds weekly Board meetings every Thursday, ensuring a quick and efficient financing timeline.

CEDA BAND will serve as a conduit issuer of CFD Bonds and AD Bonds. The City will not be financially responsible for making any debt service payments nor to pay any fees related to the financing. The BAND Financing Team will manage all required continuing disclosure, administration, and compliance matters related to the bonds thereafter.

The CEDA BAND Resolution authorizes CEDA to accept applications from owners of property within the City’s boundaries to apply for tax-exempt or taxable financing of public capital improvements and facilities in lieu of development impact fees City as a condition of development. It also authorizes CEDA to form land-secured and tax increment districts within the City’s boundaries, conduct proceedings to form such districts, levy and collect assessments and special taxes against the property of participating owners, and manage the post-sale administration and disclosure responsibilities related to the issuance of these bonds.

The CEDA BAND Resolution additionally approves the forms of a Funding and Acquisition Agreement and a Joint Community Facilities Agreement for CFD financings. Both documents are being approved as to form only and have been provided now to avoid the need to return to the City Council in the future for approval of each specific project.

Funding and Acquisition Agreement - This document outlines the key provisions of the financing: payment of program and formation costs, establishment and formation of the district, issuance of bonds, tax and reporting 374
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-127 & RESOLUTION 24-128 December 4, 2024

Page 3 ends

requirements. The primary objective of this document is to detail the requirements for the construction/acquisition public infrastructure, capital projects, and related fees, how these public enhancements will be approved and accepted by the City, and the process by which such costs will be reimbursed from bond proceeds.

Joint Community Facilities Agreement (CFDs Only) - The document relates to the financing of infrastructure, capital projects, and development impact fees for other public agencies. The document outlines how these public enhancements will be approved and accepted by these respective agencies, and the process by which such costs will be reimbursed from bond proceeds.

Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable
Alternatives
As an alternative to the recommended action, the Council could not approve staff’s recommendation to add the BAND Program. Under this alternative, there would still be two other options using this program previously authorized by the City Council which is the Bond Opportunities for Land Development Program (the BOLD Program) and Statewide Community Infrastructure Program (SCIP) financing program. However, this alternative is not recommended as there is no downside to offering a third alternative for development financing.

Coordination and Review
This staff report was coordinated with and reviewed by the City Attorney’s Office.

ATTACHMENTS

1. Resolution 24-128 Approving Associate Membership by the City of West Sacramento in the California Enterprise Development Authority and the Execution of an Associate Membership Agreement relating to Associate Membership of the City of West Sacramento in the California Enterprise Development Authority.

2. Associate Membership Agreement with the California Enterprise Development Authority.

3. Resolution 24-127 of the City Council of the City of West Sacramento Authorizing the Inclusion of Properties within the Jurisdiction of the City of West Sacramento to Participate in the California Enterprise Development (CEDA) Bonds Assisting New Development (BAND) Program and Authorizing CEDA to Conduct Proceedings to Form Community Facilities Districts and Assessment Districts and Levy Special Taxes and Assessments therein, Issue Bonds thereof, Assist with the Formation and Administration of Tax Increment Financing Districts, Refinancing of Certain Other Land Secured Debt and any Related Actions.
375
09960.00000\42712001.1
RESOLUTION 24-127

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

AUTHORIZING THE INCLUSION OF PROPERTIES WITHIN THE JURISDICTION OF THE

CITY OF WEST SACRAMENTO TO PARTICIPATE IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY’S (CEDA) BONDS ASSISTING NEW DEVELOPMENT (BAND)

PROGRAM, AND AUTHORIZING CEDA TO CONDUCT PROCEEDINGS TO FORM

COMMUNITY FACILITIES DISTRICTS AND ASSESSMENT DISTRICTS TO FINANCE

CERTAIN PUBLIC INFRASTRUCTURE, LEVY SPECIAL TAXES AND ASSESSMENTS

THEREIN, ISSUE BONDS THEREOF, ASSIST WITH THE FORMATION AND

ADMINISTRATION OF TAX INCREMENT FINANCING DISTRICTS, REFINANCING OF

CERTAIN OTHER LAND SECURED DEBT AND ANY RELATED ACTIONS WHEREAS, the California Enterprise Development Authority (“CEDA”) is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the “Act”) and that certain Joint Exercise of Powers Agreement, dated as of June 1, 2006, as amended from time to time (the “CEDA JPA”); and
WHEREAS, the City of West Sacramento (the “Program Participant”) is an associate member of CEDA; and
WHEREAS, CEDA established the Bonds Assisting New Development (“BAND”) program (the “BAND Program”) to promote economic development within the jurisdiction of its full or associate member agencies (“Member Agencies”); and
WHEREAS, in connection with the creation of the BAND Program, CEDA has established policies and procedures (the “BAND Program Policies and Procedures”), which may be amended from time to time, to set forth the terms and conditions for participation in the BAND Program; and WHEREAS, CEDA desires to promote economic development through the BAND Program by assisting Member Agencies with financing public improvements through the formation of community facilities districts (“CFDs”) and assessment districts (“ADs,” and together with CFDs, the “Land Secured Financing Districts”) and issuance of bonds within such Land Secured Financing Districts; and
WHEREAS, CEDA additionally desires to promote economic development through the BAND Program by assisting Member Agencies with financing public improvements through the establishment of enhanced infrastructure financing districts (“EIFDs”) pursuant to Government Code Section 53398.50 et seq., community revitalization and investment authorities (“CRIAs”) pursuant to Government Code Section 6200 et seq., and climate resilience districts (“CRDs,” collectively with an EIFD and CRIA, a “TIF”) pursuant to Government Code Section 62300 et seq., which are established to revitalize local communities, construct infrastructure improvements and assist with, amongst other things, climate action and resiliency measures and the issuance of bonds within such TIF; and
WHEREAS, CEDA desires to assist with the financing of public improvements through the formation of Land Secured Financing Districts and TIF, if such assistance is desired by the Program Participant and approved by CEDA’s Board of Directors; and WHEREAS, the CEDA JPA authorizes CEDA to finance pubic improvements within the 376
Resolution 24-127

Page 2 ends

jurisdiction of its Member Agencies and exercise powers that are common amongst the Member Agencies; and
WHEREAS, CEDA has the power to form CFDs within jurisdictions of its Member Agencies with the approval of each Member Agencies to finance certain public improvements through the levy of special taxes (the “Special Taxes”) and/or issuance of bonds (the “Special Tax Bonds”) pursuant to the Mello-Roos Community Facilities District Act of 1982 being Chapter 2.5, Part 1, Division 2 Title 5 (commencing with Section 53311) of the Government Code (the “MelloRoos Act”); and WHEREAS, CEDA has the power to form ADs within jurisdictions of its Member Agencies with the approval of the applicable Member Agency to finance certain public improvements through the levy of special assessments (the “Assessments”) and/or issuance of bonds (the “Assessment Bonds”) pursuant to the Municipal Improvement Act of 1913 (commencing with Section 10000 of the Streets and Highways Code) and Municipal Improvement Act of 1915 (commencing with Section 8500 of the Streets and Highways Code) (collectively the “AD Acts,” together with the Mello-Roos Act, the “Enabling Acts”); and WHEREAS, certain public agencies, including the Program Participant, may require as a condition of development, the construction of public infrastructure to be owned and operated by such public agency (“Improvements”) and/or the payment of certain development impact fees pursuant to the Mitigation Fee Act (commencing with Section 66000 and following) (the “Fees”); and
WHEREAS, the BAND Program is authorized to finance the Improvements and the public improvements to be constructed in lieu of the Fees (the “Fee Improvements”), all as particularly described in BAND Program Policies and Procedures, through the formation of CFDs, levy of Special Taxes and the issuance of bonds within the applicable district; and WHEREAS, in connection with the issuance of CFDs, CEDA has adopted the CEDA Statement of Goals and Policies for Mello-Roos Community Facilities Districts, pursuant to Government Code Section 53312.7(a) (“CFD Policy”); and
WHEREAS, CEDA has authorized those Member Agencies that adopt a resolution authorizing the BAND Program to participate in the BAND Program; and WHEREAS, the Program Participant is a Member Agency of CEDA and desires to participate in and allow properties within its jurisdiction to participate in the BAND Program to enable the financing of the Improvements and Fee Improvements, as permitted by each Enabling Act (the “Eligible Improvements”) and authorize CEDA to conduct proceedings to form Land Secured Financing Districts, levy and collect Special Taxes and/or Assessments, as applicable, on the property of participating owners (the “Participating Parcels”), and issue Special Tax Bonds and/or Assessment Bonds (each the “Local Obligations”), as applicable; and WHEREAS, in order to finance the Eligible Improvements, CEDA and Participating Owners may desire to enter into a funding and acquisition agreement (the “Funding Agreement”) to set forth the terms and conditions pursuant to which the Improvements will be constructed and the Fees will be paid and reimbursed following the issuance of the Local Obligations and/or Authority Bonds (defined below), a form of which has been attached hereto as Exhibit A; and WHEREAS, pursuant to Government Code Section 53316.2, CEDA is authorized to 377
Resolution 24-127

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finance facilities owned and operated by another public agency pursuant to a CFD so long as it enters into a joint community facilities agreement (the “JCFA”) with such entity, a form of which has been attached hereto as Exhibit B; and
WHEREAS, CEDA may refinance the existing debt of CFDs and ADs formed by the Program Participant; and
WHEREAS, to achieve greater savings, CEDA may, if feasible, issue revenue bonds (the “Authority Bonds”) pursuant to the Marks-Roos Local Bond Pooling Act of 1985 (commencing with Section 6584 et seq. of the Government Code) (the “Marks-Roos Act”) to periodically acquire the Local Obligations to provide financing or refinancing of the Eligible Improvements; and WHEREAS, Government Code Section 6586.5 requires that the Program Participant publish a notice at least five days prior to such Program Participant’s hearing on the financing of improvements pursuant to the Marks-Roos Act, which notice was published in a timely manner; and
WHEREAS, CEDA may authorize for inclusion in the BAND Program the provision of certain administrative services to the Program Participant for the management of existing CFDs and/or ADs of the Program Participant; and
WHEREAS, the BAND Program will assume responsibility for filing tax compliance reports, California Debt and Investment Advisory Commission reports, continuing disclosure reports necessary to comply with the Securities Commission Rule 15c2-12, and any other required report in conjunction with the financings, which will be prepared by a BAND Program consultant; and
WHEREAS, the Program Participant may opt-in to such services upon approval by CEDA’s Board of Directors and mutual agreement by the Program Participant and CEDA.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE PROGRAM PARTICIPANT as follows:

Section 1. Public Benefits. This City Council finds and declares that properties in the jurisdiction of the Program Participant will receive a significant benefit by the availability of the BAND Program.

Section 2. Implementation of BAND Program within Program Participant Jurisdiction.
(a) Boundaries of the Program within Program Participant Jurisdiction. The Program Participant hereby determines that properties within the boundaries of the incorporated territory within Program Participant’s jurisdiction may participate in the BAND Program (the “Boundaries”). CEDA may establish one or more Land Secured Financing Districts to finance Eligible Improvements and will undertake such proceedings pursuant to Enabling Acts as necessary to finance the Eligible Improvements within the Boundaries for Participating Parcels. (b) Determination of Eligible Improvements. CEDA may finance Eligible Improvements for Participating Parcels and any other improvements, as may be authorized to be financed by the Enabling Acts.
378
Resolution 24-127

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(c) Financing the Installation of Eligible Improvements. The Program Participant acknowledges that CEDA shall develop and implement a plan for the financing of the Eligible Improvements for Participating Parcels under the BAND Program, which may include, but is not limited to the issuance of Local Obligations and Authority Bonds. (d) Local Goals and Policies. The Program Participant hereby acknowledges that the CFD Policy shall govern the CFDs formed pursuant to the BAND Program. (e) BAND Financing Program Policies and Procedures The Program Participant hereby acknowledges that the BAND Program Policies and Procedures governs the BAND Program and agrees to comply with such policies and procedures. (f) Approval of Forms of Agreements. The forms of the Funding Agreement and JCFA presented in Exhibits A and B are hereby approved by Program Participant together with such changes as the City Manager, or designee (the “Program Participant’s Authorized Representative”), may approve and is authorized to execute and deliver Funding Agreements and JCFAs as necessary together with any changes such Program Participant’s Authorized Representative deems necessary.
(g) Ongoing Administration of Land Secured Financing Districts formed by CEDA. CEDA shall be responsible for the ongoing administration of the BAND Program, including but not limited to, soliciting, reviewing and approving applications from property owners participating in the BAND Program, formation of the Land Secured Financing Districts, issuance of Local Obligations and Authority Bonds therein, disbursement of bond proceeds, establishing and collecting Special Taxes and Assessments due under the BAND Program, adopting and implementing any rules or regulations as may be required for the BAND Program, providing any disclosure as may be statutorily required, and managing delinquency collections and foreclosure proceedings.

Program Participant will not be responsible for the conduct of any proceedings required to be taken under the Enabling Acts; the levy or collection of Special Taxes and/or Assessments or any required remedial action in the case of delinquencies in such special tax/assessment payments; or the issuance, sale or administration of the Authority Bonds, Local Obligations or any other bonds issued in connection with the BAND Program. (h) Administration of Land Secured Financing Districts formed by the Program Participant. CEDA may administer one or more CFDs and ADs that have been previously formed by the Program Participant should CEDA’s Board of Directors offer such services in the BAND Program. CEDA and Program Participant shall mutually agree on terms and conditions of such administration.
(i) Refinancing of Existing Financing Debt. The Program Participant may benefit from utilizing the BAND Program to issue debt to refinance debt of CFDs and ADs, which were formed by the Program Participant. The Program Participant staff is hereby authorized to utilize the BAND Program to refinance such debt if and when such staff determines to pursue such refinancing.
(j) Modifications. CEDA may make modifications to the BAND Program from time to time. CEDA shall provide notice of any material changes to the BAND Program to the Program Participant’s Authorized Representative following the adoption of such changes by CEDA’s Board of Directors via electronic mail or such other form of communication as agreed to 379
Resolution 24-127

Page 5 ends

by Program Participant and CEDA. Program Participant may opt-out of any such changes provided that Program Participant shall notify the Michelle Stephens, Program Director, as designated below, within 30 days of the date of the notice. (k) Withdrawal. Program Participant may withdraw from the BAND Program in accordance with this provision and Section 2.9 of the CEDA JPA. (l) Public Hearing. Program Participant shall work with CEDA staff to coordinate the publication of the notice of public hearing, pursuant to Government Code Section 53322.

Section 3. Mutual Indemnification and Liability. CEDA and the Program Participant shall mutually defend, indemnify and hold the other party and its directors, officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of the willful misconduct or negligent acts, errors or omissions of the indemnifying party or its directors, officials, officers, employees and agents in connection with the BAND Program administered under the CEDA JPA, including without limitation the payment of expert witness fees and attorney’s fees and other related costs and expenses, but excluding payment of consequential damages. In no event shall any of CEDA’s member agencies or their officials, officers or employees be held directly liable for any damages or liability resulting out of the CEDA JPA.

Section 4. Environmental Review. The Program Participant shall be the lead agency under the California Environmental Quality Act for any environmental review that may be required in implementing or administering any projects financed through the BAND Program under the CEDA JPA. The Program Participant shall complete all environmental review and approvals for any Eligible Improvement financed pursuant to the BAND Program prior to commencing of any such financing. The approval or any financing by CEDA shall not constitute a project under the California Environmental Quality Act.

Section 5. Cooperative Effort. Program Participant shall cooperate with CEDA by providing information and other assistance in order for CEDA to meet its obligations hereunder.

Program Participant recognizes that one of its responsibilities related to the BAND Program will include any permitting or inspection requirements as established by Program Participant.

Section 6. Entire Agreement. This resolution along with the CEDA JPA, as may be amended, shall constitute the entire agreement between the parties.

Section 7. Authorized Representative. The Program Participant Authorized Representative is authorized and directed to coordinate with CEDA staff to facilitate operation of the BAND Program within the Program Participant, and execute any agreements and documents required to facilitate the Program Participant’s participation in the BAND Program.

Section 8. Notices. Any notices required to be provided pursuant to this Resolution shall be sent via mail or electronic mail as follows:

If to the Program Participant:

Roberta Raper, Director of Finance
1110 West Capitol Avenue, 3rd Floor
West Sacramento, CA 95691
380
Resolution 24-127

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916-617-4509
[email protected]
If to CEDA:

Michelle Stephens, Program Director
2150 River Plaza Drive, Suite 275
Sacramento, CA 95833
916-448-8252 ext. 12
[email protected]
Section 9. Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this resolution to the Secretary of CEDA.

PASSED AND ADOPTED by the City Council of the Program Participant on the 4th day of December, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
ATTEST:

City Clerk
381
Resolution 24-127

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A-1

EXHIBIT A

FORM OF FUNDING AND ACQUISITION AGREEMENT
382
Resolution 24-127

Page 1 ends

B-1

EXHIBIT B

FORM OF JOINT COMMUNITY FACILITIES AGREEMENT
383
31888.00003\40934103.8

EXHIBIT A
1 FUNDING AND ACQUISITION AGREEMENT
Relating to

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. [_____]
By and
Among
[PUBLIC AGENCY],

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and
[DEVELOPER NAME]
_____________, 20[__]
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1 FUNDING AND ACQUISITION AGREEMENT
COMMUNITY FACILITIES DISTRICT NO. [_____]

OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
This FUNDING AND ACQUISITION AGREEMENT (the “Agreement”) is entered into the ___ day of _____________, 20[__] by and among the [PUBLIC AGENCY] (the “Program Participant”), the California Enterprise Development Authority (“CEDA”) on behalf of Community Facilities District No. [___] and [DEVELOPER NAME, ENTITY] (“Owner”).

R E C I T A L S
A. Owner has purchased that certain real property located on approximately _____ gross acres of land within Tentative Tract Map No. ______ (the “Property”) located in the [City, County].

B. The Owner has applied for the financing of, among other things, certain public capital improvements to be owned by the Program Participant through CEDA’s Bonds Assisting New Development (BAND) program (the “Program”). The Acquisition Facilities are to be owned and operated by the Program Participant, and the financing is to be accomplished through a community facilities district, which will be administered by CEDA under and pursuant to the Mello-Roos Community Facilities Act of 1982 California Government Code Sections 53311 and following (the “Act”) for the purpose of levying special taxes (the “Special Taxes”) and selling bonds, in one or more series (the “Bonds”), in an amount sufficient to finance the acquisition of certain [INSERT DESCRIPTION OF IMPROVEMENTS] improvements (the “Acquisition Facilities”), and the design, planning, engineering, installation, and construction of certain public facilities and improvements, to be owned, operated or maintained by the Program Participant (the “Public Facilities”) to satisfy the obligation of the Property and the Owner for the payment of certain fees to the Program Participant. The Acquisition Facilities and Public Facilities are generally described in Exhibit A attached hereto, which Acquisition Facilities and Public Facilities are necessary to the development of the Property. Said community facilities district shall be known as the “Community Facilities District No. [____] of the California Enterprise Development Authority” (the “District”).

C. The Program Participant previously authorized CEDA to form community facilities districts within the territorial limits of the Program Participant to finance, among other things, the Acquisition Facilities and the Public Facilities.

D. CEDA intends to form the District and to levy special taxes and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Facilities and the Public Facilities.

E. CEDA will provide financing for the acquisition by the Program Participant of the Acquisition Facilities and the Public Facilities and the payment of the Purchase Price (as defined herein) of the Acquisition Facilities and the Public Facilities. 385
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2 F. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in Exhibit B attached hereto and by this reference herein incorporated.

AGREEMENTS
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties agree as follows:

Section 1. Establishment of District. CEDA shall initiate proceedings pursuant to the Act for the establishment of the District. Such proceedings include elections pursuant to Sections 53326, 53350 and 53353.5 of the Act on (i) the question of the issuance of the Bonds of the District to finance the acquisition of the Acquisition Facilities, and the design, planning, engineering, construction management, financing, installation and construction or acquisition of the Public Facilities, (ii) the question of the annual levy of the Special Taxes on those portions of the Property subject to the Special Taxes to pay for the Acquisition Facilities and the Public Facilities, to pay the principal of and interest on the Bonds and the annual administrative expenses of CEDA in levying and collecting such Special Taxes, paying the principal and interest on such Bonds and providing for the registration, exchange and transfer of such Bonds, including the fees of fiscal agents and paying agents, and any necessary replenishment of the reserve fund for such Bonds, and (iii) the question of the establishment of an appropriations limit for the District.

From time to time prior to the issuance of the Bonds, at the written request of Owner, and subject to Owner advancing funds as determined by the Program Participant as necessary to pay all costs related thereto in accordance with Section 4 below, the Program Participant shall use its reasonable best efforts to undertake proceedings that may be deemed necessary to amend the Rate and Method or to amend the boundaries of the District.

Section 2. Payment of Program Participant Fees as Deposit. Owner shall timely pay or deposit with the Program Participant in full when due all Program Participant Fees. Any payment or deposit of Program Participant Fees before Special Taxes are received or proceeds of the Bonds become available, including all Program Participant Fees paid prior to the execution of this Agreement, shall be held on deposit by the Program Participant in a separate account used exclusively for Program Participant Fees (the “Deposit Account”), and shall not be expended by the Program Participant, provided, however, earnings on the investment of funds in the Deposit Account shall be returned to the Program Participant. Except as otherwise provided below, if Bonds have not been issued for a period of 36 months from the date of payment of Program Participant Fees for the first phase of production units, then the Program Participant may use any funds remaining in the Deposit Account for their lawful purposes and such funds shall be deemed by the Program Participant as the payment of the Program Participant Fees for the applicable parcels of the Property for which payment was made, provided that if Owner requests that Bonds be issued within such 36 month time frame, then the Program Participant may not use any funds remaining in the Deposit Account as provided herein until 48 months from the date of payment of Program Participant Fees for the first phase of production units. If the Program Participant uses any of the funds remaining in the Deposit Account under either of the two foregoing scenarios, the Owner, or Owner’s designee, shall be reimbursed from the proceeds of Bonds subsequently issued even if such Bonds must be issued on a taxable basis.
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3 Upon the Program Participant receiving proceeds of the Bonds in accordance with this Agreement, the Program Participant shall return to Owner, or Owner’s designee, all funds held in the Deposit Account and the Program Participant shall utilize such proceeds to finance the Public Facilities.

Section 3. Sale of Bonds. Upon Owner’s written request, CEDA shall use reasonable efforts, as hereinafter provided, to issue and sell Bonds, in one or more series, in accordance with the provisions of this Agreement and CEDA’s CFD Goals & Policies. Each series of Bonds is expected to have a debt service amortization schedule matching the annual Special Taxes available for debt service pursuant to the Rate and Method and for a term of not more than forty (40) years, for the purpose of raising an amount sufficient to pay for the design, planning, engineering, construction management, financing, installation and construction or acquisition of the Public Facilities and the Acquisition Facilities. In connection with the issuance of the first series of Bonds, CEDA on behalf of itself and the District shall establish criteria for the issuance of Additional Bonds which meet the criteria of CEDA’s CFD Goals & Policies. The timing of the issuance and sale of each series of Bonds, the aggregate principal amount thereof, and the terms and conditions upon which they shall be sold shall be as set forth in this Agreement and otherwise as determined by CEDA in its sole reasonable discretion after consultation with Owner. Not by way of limitation of the foregoing, the timing of the issuance and sale of the first series of Bonds and any Additional Bonds shall be as soon as reasonably practicable, as determined by CEDA in its sole reasonable discretion following consultation with its municipal advisor, underwriter and other consultants and counsel after written request from Owner. Owner shall use its reasonable best efforts to cooperate with CEDA in connection with any Bond sale.

Section 4. Advance of Certain Expenses. Pursuant to a Landowner Deposit Agreement, between CEDA and Owner (the “Deposit Agreement”), Owner shall pay and advance all of the costs reasonably associated with the establishment of the District. Owner shall deposit funds with CEDA for CEDA’s reasonable out-of-pocket expenses associated with the formation of the District and the sale of each series of Bonds, including, but not limited to, (i) the fees and expenses of any consultants and legal counsel to CEDA employed in connection with the issuance of the Bonds, including an engineer, special tax consultant, municipal advisor, bond counsel and any other consultant deemed necessary or advisable by CEDA, (ii) the costs of appraisals, market absorption and feasibility studies and other reports deemed necessary or advisable by CEDA in connection with the issuance of the Bonds, (iii) the costs of publication of notices and other costs related to any proceeding undertaken in connection with the formation of the District and issuance of the Bonds, (iv) reasonable charges for CEDA and Program Participant staff time incurred in connection with the issuance of the Bonds, including a reasonable allocation of CEDA and the Program Participant overhead expense, and (v) any and all other actual costs and expenses incurred by CEDA and the Program Participant in connection with the formation of the District and the issuance of the Bonds (“Reimbursable Expenses”). If the Bonds are issued by the District, CEDA shall reimburse Owner from proceeds of the Bonds, without interest, for the portion of the Reimbursable Expenses deposits that have been expended or encumbered, said reimbursement to be made from the proceeds of the Bonds on the date of issuance of the Bonds or as soon as reasonably possible thereafter and only to the extent otherwise permitted under the Act, and refund any unexpended or encumbered deposited amounts.
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4 CEDA shall keep records of all Reimbursable Expenses advanced by CEDA pursuant to this Section 4, which records shall be available for inspection by Owner during regular business hours. The sole source of funds for reimbursement of any advance expenditure made by CEDA or Owner shall be the uncommitted and unexpended payments made by Owner to CEDA, proceeds of the Bonds receipts as determined by CEDA.

Section 5. Tax Requirements. The timing of the sale of each series of Bonds, the nature of the investments in which the proceeds of the Bonds shall be invested, the duration of such investments, and the timing of the expenditure of such proceeds shall be as set forth in this Agreement and the applicable fiscal agent agreement (the “Fiscal Agent Agreement”); provided, that in all such matters CEDA shall comply with the requirements of and limitations prescribed by the provisions of Sections 103 and 141 through 150 of the Internal Revenue Code of 1986 (the “Code”), as amended, and the implementing regulations of the United States Department of the Treasury. CEDA shall not be required to take any such action which in the opinion of CEDA’s bond counsel could result in the Bonds being classified by the United States Department of the Treasury as “arbitrage bonds” or which could otherwise result in the interest on the Bonds being included in gross income for purposes of Federal income taxation. Should any change in or regulatory interpretation of any such requirement or limitation which may occur after the date of this Agreement require or necessitate, in the reasonable opinion of such bond counsel, any action on the part of CEDA in order to avoid such a classification or loss of tax exemption, CEDA shall notwithstanding any provision of this Agreement, forthwith take such action. In the event CEDA fails to comply with requirements set forth above in this Section 5, CEDA’s liability is limited to the Special Tax revenues generated by the District. The Program Participant is required to hold and expend the Bond funds in compliance with the Code.

Section 6. Construction of Acquisition Facilities. The Acquisition Facilities for which Owner seeks reimbursement under this Agreement shall be constructed and completed by Owner, as determined by the Program Participant pursuant to Section 53313.5 of the Act. Payment of the Purchase Price of the Acquisition Facilities shall be in the manner described in Section 6 hereof. (a) Letting and Administering Design Contracts. The parties presently anticipate that the Owner has awarded and administered or will award and administer engineering design contracts for the Acquisition Facilities to be acquired from Owner. All eligible expenditures of the Owner for design engineering and related costs in connection with the Acquisition Facilities (whether as an advance to the Program Participant or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Facilities. The Owner shall be entitled to reimbursement for any design costs of the Acquisition Facilities only out of the Purchase Price and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Facilities.
(b) Letting and Administration of Construction Contracts; Indemnification.

State law requires that all Acquisition Facilities not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Program Participant. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Owner agrees to comply with the requirements set forth in Exhibit C hereto for the construction of the Acquisition Facilities. The Owner agrees that all the contracts shall call for payment of prevailing wages as required by the 388
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5 Labor Code of the State of California. The Owner’s indemnification obligation set forth in this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.

Section 7. Acquisition and Payment of Acquisition Facilities. (a) Inspection. Program Participant agrees that the Acquisition Facilities are eligible for payment, provided that the timing and amount of such payment shall be determined by the Program Participant pursuant to this Section 7 of this Agreement. No payment hereunder shall be made by the Program Participant to Owner for an Acquisition Facility until such Acquisition Facility has been inspected by the Program Participant or other applicable public entity or utility and found to be substantially completed in accordance with the approved Plans. An Acquisition Facility shall be considered “substantially complete” when it has been reasonably determined by the Program Participant or other applicable public entity to be usable. For Acquisition Facilities to be acquired by the Program Participant, Owner shall request inspection using applicable Program Participant procedures. For Acquisition Facilities to be acquired by other public entities or utilities, Owner shall be responsible for obtaining such inspections and providing written evidence thereof to the Program Participant Engineer. Owner agrees to pay all inspection, permit and other similar fees of the Program Participant applicable to construction of the Acquisition Facilities, which fees are subject to reimbursement under this Agreement. (b) Agreement to Sell and Purchase Acquisition Facilities. Owner hereby agrees to sell the Acquisition Facilities to the Program Participant and the Program Participant hereby agrees to use amounts available pursuant to the terms of this Agreement to pay the Purchase Price, as defined below, thereof to Owner, subject to the terms and conditions hereof. The Program Participant shall not be obligated to pay the Purchase Price for the Acquisition Facilities except from the proceeds of the Bonds and proceeds of the Special Tax as provided herein. (c) Purchase Price. The Purchase Price for an Acquisition Facility shall be equal to the Actual Cost of such Acquisition Facility, as approved in accordance with the procedure set forth in subsection (e) below but subject to the limitations of this Section 7. (d) Payment Requests. In order to receive the Purchase Price for an Acquisition Facility, Owner shall deliver to the [CITY MANAGER/GENERAL MANAGER/OTHER] or his or her designee (the “Authorized Representative”) a “Payment Request” in the form of Exhibit C hereto, together with all attachments and exhibits required by this Section 7(d) to be included therewith. If the property on which the Acquisition Facility is located is not owned by the Program Participant at the time of the request, Owner shall provide a copy of the recorded documents conveying to the Program Participant Acceptable Title to the real property on, in or over which such Acquisition Facility is located, as described in Section 8(a) hereof. (e) Processing Payment Requests. Upon receipt of a Payment Request (and all accompanying documents), the Authorized Representative shall conduct a review in order to confirm that such request is complete and to verify and approve the Actual Cost of the Acquisition Facility. The Authorized Representative shall also conduct such review as is required in his/her discretion to confirm the matters certified in the Payment Request. Owner agrees to cooperate with the Authorized Representative in conducting each such review and to provide the Authorized 389
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6 Representative with such additional information and documentation as is reasonably necessary for the Authorized Representative to conclude each such review. Within 20 business days of receipt of the Payment Request, the Authorized Representative expects to review the request for completeness and notify Owner whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the Authorized Representative expects to provide a written approval or denial (specifying the reason for any denial) of the request within 30 days of its submittal. (f) Payment. Upon approval of the Payment Request by the Authorized Representative, the Authorized Representative shall sign the Payment Request and forward the same to CEDA. Upon receipt of the reviewed and fully signed Payment Request, CEDA shall cause the same to be paid by the Fiscal Agent under the applicable provisions of the Fiscal Agent Agreement, to the extent of funds then on deposit in the appropriate account.

The Purchase Price paid hereunder for the Acquisition Facilities shall constitute payment in full for the Acquisition Facilities, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Acquisition Facilities.
(g) Timing of Requisitions. The Program Participant and Owner acknowledge that (i) Owner may submit a Payment Request for an Acquisition Facility to the Program Participant in advance of when sufficient, if any, funds are available for payment of the Purchase Price; (ii) the Payment Request submitted when there are insufficient proceeds available will be reviewed by the Program Participant as set forth in this Agreement and, if appropriate, approved for payment when such funds are available and (iii) the payment approved in the preceding manner will be deferred until the date, if any, on which there are proceeds of Special Taxes or Bonds available to make all or part of such payment, at which time the Program Participant will pay from the Special Fund or direct the Fiscal Agent to wire transfer (or pay in another mutually acceptable manner) from Bond proceeds the funds available to the payee identified in such Payment Request. (h) Restrictions on Payments. Notwithstanding any other provisions of this Agreement, the following restrictions shall apply to any payments made to Owner under Sections 8(b) and 8(f) hereof:
(1) Amounts of Payments. Subject to the following paragraphs of this Section 7(h), payments for the Acquisition Facilities will be made only in the amount of the Purchase Price for the Acquisition Facilities.

Nothing herein shall require the Program Participant in any event (i) to pay more than the Actual Cost of the Acquisition Facilities, or (ii) to make any payment beyond the available funds in the Special Fund or the applicable accounts identified in the Fiscal Agent Agreement. The parties hereto acknowledge and agree that all payments to Owner for the Purchase Price of the Acquisition Facilities are intended to be reimbursements to Owner for monies already expended or for immediate payment by Owner (or directly by the Program Participant) to third parties in respect of the Acquisition Facilities.
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7 (2) Joint or Third Party Payments. CEDA may make any payment jointly to Owner and any mortgagee or trust deed beneficiary, contractor or supplier of materials, as their interests may appear, or solely to any such third party, if Owner so requests the same in writing or as CEDA otherwise determines such joint or third party payment is necessary to obtain lien releases.
(3) Withholding Payments. CEDA shall be entitled, but shall not be required, to withhold any payment hereunder for the Acquisition Facilities if Owner or any Affiliate is delinquent in the payment of ad valorem real property taxes, special assessments or taxes, or Special Taxes levied in the District. In the event of any such delinquency, CEDA shall only make payments hereunder directly to contractors or other third parties employed in connection with the construction of the Acquisition Facilities or to any assignee of Owner’s interests in this Agreement (and not to Owner or any Affiliate), until such time as Owner provides the Authorized Representative with evidence that all such delinquent taxes and assessments have been paid.

CEDA shall withhold final payment for an Acquisition Facility constructed on land until Acceptable Title to such land is conveyed to the Program Participant, as described in Section 8 hereof.

Nothing in this Agreement shall be deemed to prohibit Owner from contesting in good faith the validity or amount of any mechanics or materialman’s lien nor limit the remedies available to Owner with respect thereto so long as such delay in performance shall not subject the Acquisition Facility to foreclosure, forfeiture or sale. In the event that any such lien is contested, Owner shall only be required to post or cause the delivery of a bond in an amount equal to the amount in dispute with respect to any such contested lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Authorized Representative. (i) Modification of Acquisition Facilities and Public Facilities. The descriptions of the Acquisition Facilities and Public Facilities in Exhibit A may be modified, or new Acquisition Facilities and Public Facilities may be added to Exhibit A, through a Supplement executed by the Parties hereto provided the modifications or new Acquisition Facilities and Public Facilities are consistent with the facilities and costs authorized to be funded by the District pursuant to the formation proceedings and the Act.

Section 8. Ownership and Transfer of Acquisition Facilities. (a) Conveyance of Land and Easements to Program Participant. Acceptable Title to all property on, in or over which the Acquisition Facilities will be located, shall be deeded over to the Program Participant by way of grant deed, quitclaim, or dedication of such property, or easement thereon, if such conveyance of interest is approved by the Program Participant as being a sufficient interest therein to permit the Program Participant to properly own, operate and maintain the Acquisition Facilities located therein, thereon or thereover, and to permit Owner to perform its obligations as set forth in this Agreement. Owner agrees to assist the Program Participant in obtaining such documents as are required to obtain Acceptable Title. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for 391
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8 an Acquisition Facility and shall be evidenced by an irrevocable offer of dedication or recordation of the acceptance thereof by the Program Participant.
(b) Facilities to be Owned by the Program Participant – Title Evidence. Upon the request of the Program Participant, Owner shall furnish to the Program Participant a preliminary title report for land with respect to the Acquisition Facilities that have not previously been dedicated or otherwise conveyed to the Program Participant, for review and approval at least fifteen (15) calendar days prior to the transfer of Acceptable Title of the Acquisition Facilities to the Program Participant. The Program Participant shall approve the preliminary title report unless it reveals a matter which, in the judgment of the Program Participant, could materially affect the Program Participant’s use and enjoyment of any part of the property or easement covered by the preliminary title report. In the event the Program Participant does not approve the preliminary title report, the Program Participant shall not be obligated to accept title to such Acquisition Facility or pay the Purchase Price for the Acquisition Facility until Owner has cured such objections to title to the satisfaction of the Program Participant.
(c) Facilities Constructed on Private Lands. If any portion of an Acquisition Facility is located on privately-owned land, the owner thereof shall retain title to the land and the completed Acquisition Facility until the Acquisition Facility is accepted by the Program Participant and transferred to Program Participant pursuant to this Section 8. Pending the completion of such transfer, Owner shall not be entitled to receive any payment for the Acquisition Facility. Owner shall, however, be entitled to receive payments pursuant to Section 7 of the Acquisition Facility upon making an irrevocable offer of dedication of such land in form and substance acceptable to the Authorized Representative.
(d) Facilities Constructed on Program Participant Land. If any portion of an Acquisition Facility to be acquired is on land owned by the Program Participant, the Program Participant hereby grants to Owner a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Acquisition Facility. The provisions for inspection and acceptance of the Acquisition Facilities otherwise provided herein shall apply.

Section 9. Indemnification.
(a) Owner Indemnification. Owner shall promptly defend, indemnify and hold harmless the Program Participant, CEDA, the District, and its officers, employees and agents, and each and every one of them, from any and all claims, actions, liability, damages, losses, expenses and costs arising out of Owner’s performance of, or failure to perform, its duties hereunder or by reason of, or arising out of, this Agreement. The Program Participant reserves the right, with respect to future developers of the Property, to require the future developers to assume by contract with the Program Participant any portion or all of this responsibility.

Section 10. Program Participant Indemnification. Program Participant shall defend, indemnify and hold CEDA, the District, the Owner and their directors, officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of willful misconduct or negligent acts, errors, or omissions of the indemnifying party or its directors, officials, officers, employees and 392
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9 agents in connection with this Agreement, including without limitation the payment of expert witness fees and attorneys’ fees and other related costs and expenses, but excluding payment of consequential damages. In no event shall any of CEDA or its other Member Agencies, or their officials, officers or employees be held directly liable for any damages or liability resulting out of the this Agreement.

Section 11. CEDA Goals & Policies. The Rate and Method, the sale of the Bonds and the ratio of the appraised market value or assessed value of all parcels of property within the District to the total amount of the assessment and special tax obligation thereof after the issuance and sale of the Bonds (the “Value-to-Lien Ratio”) shall comply with the CFD Goals & Policies of CEDA.

Section 12. Representations, Covenants and Warranties of Owner. Owner represents and warrants for the benefit of CEDA and the Program Participant as follows:
(a) Organization. Owner is duly organized, validly existing and in good standing under the laws of the State of _______, is duly qualified to conduct business as a [LIMITED LIABILITY COMPANY/PARTNERSHIP/COMPANY] and is in good standing under the laws of the State of California and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. (b) Authority. Owner has power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered by Owner, and this Agreement has been duly and validly executed and delivered by Owner. (c) Binding Obligation. This Agreement is a legal, valid and binding obligation of Owner, enforceable against Owner in accordance with its terms, subject to bankruptcy and other equitable principles.
(d) Compliance with Laws. Owner shall not with knowledge commit, suffer or permit any act to be done in, upon or to the lands of Owner in the District in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the lands in the District or the Acquisition Facilities. (e) Requests for Payment. Owner represents and warrants that (i) it will not request payment from CEDA out of the Special Taxes or proceeds of the Bonds for the acquisition of any improvements other than the Acquisition Facilities, and (ii) it will diligently follow all procedures set forth in this Agreement with respect to the Payment Request for the Acquisition Facilities. (f) Additional Information. Owner agrees to cooperate with all reasonable written requests for nonproprietary information by the original purchasers of the Bonds or CEDA related to the status of construction of improvements within the District, the anticipated completion dates for future improvements, and any other matter material to the investment quality of the Bonds. (g) Continuing Disclosure. Owner agrees to comply with all of its obligations under any continuing disclosure agreement executed by it in connection with the offering and sale of any of the Bonds. Owner shall cooperate with CEDA in complying with the requirements of Rule 15c2- 12 of the Securities and Exchange Commission in connection with the issuance and sale of the 393
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10 Bonds. Owner shall provide information to CEDA regarding its operations and financial condition as such information has been disclosed in the Official Statement. CEDA, in consultation with the underwriter of the Bonds, may determine that some or all of such financial information will be included in the preliminary official statement and the final official statement for the Bonds. If Owner owns property within the District responsible for more than 20% of the Special Taxes levied in such fiscal year, then Owner acknowledges that it may be an “obligated person” for purposes of compliance with Rule 15c2-12(b)(5) of the Securities and Exchange Commission and that it may therefore be necessary that Owner enter into a continuing disclosure undertaking, at the time of and in connection with the issuance and sale of the Bonds, that so long as it remains an obligated person it will semi-annually, at the time specified in such undertaking, provide information regarding its financial condition, including, at CEDA’s discretion, such regularly submitted periodic reports and financial statements prepared by Owner’s certified public accountant which are available to the investing public (which may be consolidated with Owner’s parent company) and the status of development and residential, commercial and land sale activity within the District to be included within the semi-annual reports which Owner, or a dissemination agent designated in such undertaking, will file with the Nationally Recognized Municipal Securities Information Repositories which are identified by the Securities and Exchange Commission and any state information repository that may be designated for the State of California, as required by that rule.

Copies of all such reports shall also be provided to CEDA and the underwriter of the Bonds. Owner further acknowledges that it may be an obligated person pursuant to such rule as long as it owns property within the District that is responsible for the payment of annual Special Taxes which represent 20% or more of the annual debt service on the Bonds. If Owner sells any portion of property within the District to an entity and such entity will own property within the District which will be responsible for the payment of annual Special Taxes which represent 20% or more of the annual debt service on the Bonds, Owner shall notify such entity that it will be an obligated person for purposes of the rule and that such entity will be required to enter into a continuing disclosure undertaking as provided in this section.

Section 13. Independent Contractor. Owner is an independent contractor and not the agent of CEDA, the Program Participant or the District. This Agreement shall not and does not create a joint venture or partnership between CEDA and Owner. Neither CEDA nor the Program Participant shall have any responsibility or liability for the payment of any amount to any employee or subcontractor of Owner.

Section 14. Special Taxes. The parties are entering into this Agreement and establishing the District for the purpose of creating a stream of Special Tax revenues that will be available to the District to pay directly the costs of acquisition, construction and/or equipping the Acquisition Facilities and Public Facilities and to pay debt service on the Bonds, the proceeds of which will be used to pay the costs of acquisition, construction and/or equipping of the Acquisition Facilities and Public Facilities. Owner and CEDA hereby acknowledge and agree (i) that any reduction or termination of the Special Taxes by exercise of the initiative power or other action would constitute a substantial impairment of the Special Tax revenue stream that Owner and CEDA intend to create for the purpose of providing an assured source of funding for construction, acquisition and/or equipping of the Acquisition Facilities and Public Facilities, and (ii) that this Agreement is being entered into, and the Special Taxes are being imposed upon the Property pursuant to the Rate and Method, in accordance with existing laws relating to the imposition of fees and charges as a condition of development of the Property and such Special Taxes are being 394
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11 incurred as an incident of the voluntary act of development of the Property. To the fullest extent permitted by law, Owner, for itself and for each of its successors and assigns as owners or lessees of all or any portion of the Property included in the District hereby waives any right to exercise the initiative power that may be authorized in California Constitution Article XIIIC, Section 3, to reduce or appeal the Special Taxes.

Section 15. Disclosure of Special Taxes.
(a) From and after the date of this Agreement, Owner shall provide a “Notice of Special Tax” (as defined in Section 15(b) below) to each prospective purchaser of a property in the District prior to the execution by the buyer of the sale contract for such property. Owner shall (i) maintain records of each Notice of Special Tax for a period of five (5) years, and (ii) shall provide copies of each notice to CEDA promptly following the giving of such notice. Owner shall include the Notice of Special Tax in all Owner’s applications for Final Subdivision Reports required by the Department of Real Estate (“DRE”), which are filed after the effective date of this Agreement.

Owner shall require of a builder acquiring lots within the Property (a “Builder”), prior to the close of escrow on any lot, to (i) maintain records of each Notice of Special Tax for a period of five (5) years, (ii) provide copies of each notice to CEDA promptly following the giving of such notice, and (iii) include the Notice of Special Tax in all of such Builder’s applications for Final Subdivision Reports required by DRE.
(b) With respect to any parcel, the term “Notice of Special Tax” means a notice in the form prescribed by California Government Code Section 53341.5 which is calculated to disclose to the purchaser thereof (i) that the property being purchased is subject to the Special Taxes and other special taxes of the District; (ii) the classification of such property; (iii) the maximum annual amount of the Special Taxes and other special taxes of the District and the number of years for which they are authorized to be levied; and (iv) the types of facilities and services to be paid with the proceeds of the Special Taxes and other special taxes of the District. (c) CEDA will file with the __________ County Recorder’s office a notice of special tax lien that gives notice of the existence of the District and the levy of the Special Tax on property within the District for the benefit of subsequent property owners, pursuant to requirements of Section 3114.5 of the Streets and Highways Code. (d) Owner and its successors and assigns shall prepare and have available in its sales office, copies of either a sample property tax bill in a form reasonably acceptable for CEDA or special tax information sheet in substantially the form attached hereto as Exhibit D (the “Special Tax Information Sheet”), which shows the assigned annual Special Taxes and other special taxes authorized to be levied within the District under the Rate and Method. Owner and its successors and assigns shall make available to prospective homebuyers to take with them, copies of such sample property tax bill or Special Tax Information Sheet at the time written information regarding the base home price and property tax information for a specific home site is requested by and provided to such homebuyers. Owner intends to comply with this requirement by providing prospective homebuyers who request such additional written information, with the sample 395
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12 property tax bill in Owner’s Master Property Disclosure Report, a copy of which has presented to and approved by CEDA.

Section 16. Termination and Dissolution. Prior to the issuance of Bonds, Owner may elect to terminate this Agreement and request that CEDA cancel the Special Taxes by providing written notice to CEDA. Within thirty (30) days of such written notice, CEDA shall record a notice of cancellation of the Special Taxes with respect to each parcel. Owner shall be responsible for reasonable CEDA costs incurred relating to the cancellation of the Special Taxes and recordation of such notice; provided, however, that CEDA shall not terminate the Special Taxes for any lot for which a building permit has been issued, unless Owner pays all Program Participant Fees or posts separate security therefor. Such termination of this Agreement and cancellation of Special Taxes shall have no effect on Owner’s obligations to pay Program Participant Fees upon issuance of a building permit.

Section 17. Binding on Community Facilities District. The District shall automatically become a party to this Agreement, and all provisions hereof which apply to CEDA shall also apply to the District. The Board of Directors of CEDA, acting as the legislative body of the District, shall perform all parts of this Agreement which require performance on the part of the District.

Section 18. Assignment. Upon the successful formation of the District, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto and shall run with the land without any further action of the Program Participant, CEDA or Owner unless terminated in writing pursuant to Section 16.

Section 19. Prompt Action. All consents, approvals and determinations required of either the Program Participant, CEDA or Owner pursuant to this Agreement shall be promptly given or made, and shall not be unreasonably withheld or conditioned.

Section 20. General. This Agreement and the Deposit Agreement contain the entire agreement between the parties with respect to the matters herein provided for. This Agreement may only be amended by a subsequent written agreement signed on behalf of the parties. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. This Agreement shall be construed and governed by the Constitution and laws of the State of California. Should either party to this Agreement commence a court action or proceeding against the other party with respect to this Agreement or the design and acquisition or construction of the Acquisition Facilities, the party prevailing in such action or proceeding shall be entitled to receive from the losing party its attorney’s fees, expert witness fees, court costs and other costs incurred by it in prosecuting or defending such action or proceeding. The captions of the sections of this Agreement are provided for convenience only, and shall not have any bearing on the interpretation of any section hereof. This Agreement may be executed in several counterparts, each of which shall be an original of the same agreement. [Signature Page Follows]
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S-1
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date first above written.

Dated: [DEVELOPER NAME, ENTITY]
By: ________________________________
______________, Authorized Agent
Dated: CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY
By: ________________________________
Gurbax Sahota, Chair
Dated: [PROGRAM PARTICIPANT]
By: ________________________________
_____________,
-Signature PageFunding and Acquisition Agreement
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A-1

EXHIBIT A

DESCRIPTION OF ACQUISITION FACILITIES AND PUBLIC FACILITIES The immediately following table lists the Acquisition Facilities to be constructed by Owner and the Public Facilities to be owned, operated and maintained by the Program Participant, including the current cost estimates related thereto, which are subject to change.

A. Acquisition Facilities Estimated
B. Public Facilities

GRAND TOTAL ELIGIBLE ACQUISITION

FACILITIES AND PUBLIC FACILITIES
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B-1

EXHIBIT B

DEFINITIONS
The following terms shall have the meanings ascribed to them for purposes of this Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Fiscal Agent Agreement (as hereinafter defined). “Acceptable Title” means title to land or interest therein, in form acceptable to the Public Works Director, free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, but subject to any exceptions determined by the Public Works Director as not interfering with the actual or intended use of the land or interest therein.

Notwithstanding the foregoing, an irrevocable offer of dedication may constitute land with an “Acceptable Title” if: (i) such offer is necessary to satisfy a condition to a tentative or final parcel map, (ii) such offer is in a form acceptable to the Public Works Director, (iii) the Public Works Director has no reason to believe that such offer of dedication will not be accepted by the applicable Program Participant, and (iv) the Owner commits in writing not to allow any liens to be imposed on such property prior to its acceptance.
“Acceptance Date” means the date the Program Participant takes final action to accept dedication of or transfer of title to the Acquisition Facilities. “Acquisition Facilities” means the facilities described as such in Exhibit A to the Agreement.
“Act” means the Mello-Roos Community Facilities Act of 1982, Sections 53311 et seq. of the California Government Code, as amended.
“Actual Cost” means the substantiated cost of the Acquisition Facilities, which costs may include: (i) the costs incurred by the Owner for the construction of the Acquisition Facilities, including labor, material and equipment costs; (ii) the costs incurred by the Owner in preparing the Plans for the Acquisition Facilities and the related costs of environmental evaluations of the Acquisition Facilities; (iii) the fees paid to governmental agencies for obtaining permits, licenses or other governmental approvals for the Acquisition Facilities; (iv) a construction and project management fee of five percent (5%) of the costs described in clause (i) above incurred for the construction of the Acquisition Facilities; (v) professional costs incurred by the Owner, Program Participant or CEDA associated with the Acquisition Facilities, such as engineering, legal, accounting, inspection, construction staking, materials testing and similar professional services; (vi) costs directly related to the construction and/or acquisition of the Acquisition Facilities, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder); and (vii) costs of any real property or interest therein acquired from a third party, which real property or interest therein is either necessary for the construction of such Acquisition Facility (e.g., temporary construction easements, haul roads, etc.) or is required to be conveyed with such Acquisition Facility in order to convey Acceptable Title thereto to the Program Participant. Actual Cost shall not include any cost of carry or interest expense with respect to any construction loan obtained by the Owner with respect to the Acquisition Facilities.
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“Additional Bonds” means any series of Bonds issued by or on behalf of the District after the first series of Bonds, in each case in compliance with and under supplements to the Fiscal Agent Agreement, which Additional Bonds shall be secured on a parity lien or subordinate lien position with other Bonds previously issued.
“Administrative Expense Requirement” means $[AMOUNT] per year commencing in the first year of issuance of Bonds.
“Affiliate” means, with respect to the Owner, any other Person who controls, is controlled by or is under common control with the Owner. For purposes hereof, control means the power to exercise a controlling influence over the management or policies of a person, unless such power is solely the result of an official position with such person. “Agreement” means this Funding and Acquisition Agreement, together with any Supplement hereto.
“Assessor’s Parcel” shall have the meaning ascribed to it in the Rate and Method. “Bonds” means any series of bonds issued by or on behalf of the District. “CFD Goals & Policies” means the California Enterprise Development Authority Statement of Goals and Policies for Mello-Roos Community Facilities Districts, dated __________, 20[__], as amended on __________, 20[__] or as further amended from time to time. “Deposit Agreement” means the Landowner Deposit Agreement between CEDA and the Owner.
“Fiscal Agent” means the financial institution or other entity that enters into a Fiscal Agent Agreement with CEDA with respect to the Bonds.
“Fiscal Agent Agreement” means, collectively, any agreement or agreements by that or similar name to be executed by the Authority, for and on behalf of the District, and the fiscal agent, which will provide for, among other matters, the issuance of the Bonds and the establishment of an “Improvement Fund” as originally executed by CEDA and the fiscal agent and as it may be amended from time to time.
“Owner” means [DEVELOPER NAME], as the owner of the Property, and its successors and assigns, other than individual homebuyers.
“Person” means an individual, a corporation, a partnership, an association, a limited liability company, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof.
“Plans” means the plans, specifications, schedules and related construction contracts for the Acquisition Facilities approved pursuant to the applicable standards of the Program Participant or other entity that will own, operate or maintain the Acquisition Facilities when completed and acquired.
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“Program Participant” means the ____________________.
“Program Participant Fees” means the following development impact fees imposed by the Program Participant: water and sewer connection, street and signal, law enforcement, fire protection, library, public meeting, aquatic center, parks and radio communication. “Purchase Price” means the amount paid by the Program Participant for the Acquisition Facilities determined in accordance with Section 7 hereof, being an amount equal to the Actual Cost of such Acquisition Facilities, but subject to the limitations and reductions provided for in Section 7.
“Rate and Method” means the rate and method of apportionment of special taxes approved for the District in accordance with the Act.
“Special Fund” means a discrete, interest-bearing special fund of CEDA to be established for the financing of the Acquisition Facilities and Public Facilities and administered pursuant to this Agreement.
“Special Tax or Special Taxes” means the special tax designated in the Rate and Method. 401
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C-1

EXHIBIT C

FORM OF PAYMENT REQUEST

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. [____]
The undersigned, ______________________, a duly authorized representative of Owner, hereby requests payment of the Purchase Price of the Acquisition Facilities described in Attachment A attached hereto. Capitalized undefined terms shall have the meanings ascribed thereto in the Funding and Acquisition Agreement, dated as of _____________, 20[__] (the “Agreement”), by and between the [PUBLIC AGENCY] ([“Program Participant”]), the California Enterprise Development Authority (“CEDA”) on behalf of the Community Facilities District No. [__] and [DEVELOPER NAME] (“Owner”). In connection with this Payment Request, the undersigned hereby represents and warrants to CEDA Community Facilities District No. [__] and the Program Participant as follows:

1. He or she is a duly authorized representative of Owner, qualified to execute this request for payment on behalf of Owner and knowledgeable as to the matters set forth herein.

2. The Acquisition Facilities for which payment is being sought under this payment request have been substantially completed in accordance with the Agreement and in accordance and in compliance with the requirements below:
(a) In order to ensure that the [PROJECT/SEGMENTS] that are acquired by the [PUBLIC AGENCY] pursuant to the Agreement are constructed as if they had been constructed under the direction and supervision, or under the authority of, the [PUBLIC AGENCY], so that they may be acquired pursuant to California Government Code Section 53313.5, the Owner has complied with all of the requirements of this Section for [PROJECT/SEGMENT] for which the Owner submitted a Payment Request. (b) Notice inviting sealed bids for the construction of the [PROJECT/SEGMENTS] has been given as required for public works projects in conformance with the California Public Contracts Code.
(c) The contract for the construction of [PROJECT/SEGMENTS] has been awarded to the responsible bidder submitting the lowest responsive bid for the construction of the [PROJECT/SEGMENTS].
(d) The Owner has required, and the specifications and bid and contract documents have required, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such persons were engaged to perform work on the [PROJECT/SEGMENTS], at least the General Prevailing Wage Rates to be paid to all workers employed in the execution of the contract, has posted a copy of the General Prevailing Wage Rates at the job-site in a conspicuous place available to all employees and applicants for employment, and has otherwise complied with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to public works projects of cities. The [PUBLIC 402
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EXHIBIT A
C-2
AGENCY] provided the Owner with copies of tables setting forth the General Prevailing Wage Rates, and the Owner acknowledged receipt thereof.

The Owner has required, and the specifications and bid and contract documents have required, for all contracts involving in excess of $30,000 or 20 working days, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such persons are engaged to perform work on the [PROJECT/SEGMENTS], to comply with the provisions of Section 1777.5 of the California Labor Code with respect to all apprenticeable occupations upon the [PROJECT/SEGMENTS].
(e) In performing its obligations under the Agreement, the Owner has complied with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State and the [PUBLIC AGENCY]. In performing its obligations under the Agreement, the Owner has not discriminated in its employment practices against any employee, or applicant for employment, because of such person’s race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, marital status or medical condition. The Owner has required, in any contract it entered into for the construction of the [PROJECT/SEGMENTS], that the contractor be subject to the provisions of this paragraph.
(d) The Owner has required, and the specifications and bid and contract documents have required, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such persons are engaged to perform work on the [PROJECT/SEGMENTS], to submit certified weekly payroll records to the Owner for inspection by the [PUBLIC AGENCY], and has furnished such certified payroll records to the [PUBLIC AGENCY] promptly upon request

3. The true and correct Actual Cost of the Acquisition Facilities is set forth in Attachment A.

4. Attached hereto are invoices, receipts, worksheets and other evidence of costs which are in sufficient detail to allow the Program Participant to verify the Actual Cost of the Acquisition Facilities.

5. There has not been filed with or served upon Owner notice of any lien, right to lien or attachment upon, or claim affecting the right to receive the payment requested herein which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by operation of law. Copies of lien releases for all work for which payment is requested hereunder are attached hereto.

6. Owner is in compliance with the terms and provisions of the Agreement.

The Purchase Price for the Acquisition Facilities shall be payable from the appropriate account created pursuant to the Fiscal Agent Agreement or the Special Fund established pursuant to the Fiscal Agent Agreement.
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I hereby certify that the above representations and warranties are true and correct.

Dated: [OWNER SIGNATURE]
By:

Name:

Title:

By execution of this Payment Request, the Program Participant does hereby approve of the payment as described in this Payment Request and directs the Fiscal Agent to pay such amounts, first, from bond proceeds held in the designated account pursuant to the Fiscal Agent Agreement and, second from any surplus Special Taxes held by CEDA as applicable, to the payee listed above and/or the Program Participant shall pay all or a portion thereof from funds designated by the Program Participant for such purpose.
[PUBLIC AGENCY]
By:

Name:
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ATTACHMENT A
Acquisition Facility Estimated Cost Actual Cost Purchase Price Total Purchase Price to be Paid $
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D-1

EXHIBIT D

SPECIAL TAX INFORMATION SHEET

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. [____]

1. WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) NO. [____] CFD No. [____] was formed pursuant to the “Mello-Roos Community Facilities Act of 1982” to finance certain public facilities.

2. WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT BILLED?
The property owner is responsible for paying the CFD No. [____] special taxes, which will appear as a separate line item on your property tax bill along with your regular property taxes.

3. HOW MUCH WILL MY SPECIAL TAX BE?
The special tax is based upon the size of the home. The assigned and maximum special taxes for CFD No. [____] for the [20__-__] fiscal year are summarized below.

Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax
Per Taxable
Unit

1. $
$
$
$
$

4. HOW LONG WILL I HAVE TO PAY THE CFD NO. [_____] SPECIAL TAX?
Special Taxes will not be collected after fiscal year [20__-__.]

5. CAN THE SPECIAL TAXES BE PREPAID?
Homeowners have the option of prepaying special taxes anytime. For prepayment information please contact CEDA’s CFD No. [____] administrator, Willdan Financial Services, 27368 Via Industrial, Suite 200, Temecula, California 92590, phone 800-424-9144. 406
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6. WHERE CAN I GET MORE INFORMATION?
For more information in regards to CFD No. [____], contact CEDA’s CFD No. [____] administrator, Willdan Financial Services, 27368 Via Industrial, Suite 200, Temecula, California 92590, phone 800-424-9144.
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EXHIBIT B
1 JOINT COMMUNITY FACILITIES AGREEMENT
Relating to:

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. ___
Between

THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and

CITY OF WEST SACRAMENTO
_____________, 20__
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1 JOINT COMMUNITY FACILITIES AGREEMENT
Relating to:

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
Community Facilities District No. ___
This Joint Community Facilities Agreement (this “Agreement”), dated as of ___________________, 20__, is entered into by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (“CEDA”), a joint exercise of powers authority duly organized and existing under the Constitution and laws of the state of California and the City of West Sacramento, a ________________ (the “Program Participant,” and together with CEDA, the “Parties”).

RECITALS
WHEREAS, CEDA intends to conduct proceedings under the Mello-Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.) (the “Act”) to form community facilities districts (the “CFDs”) encompassing properties located within the boundaries of the Program Participant upon the request of the property owners. Each CFD shall be authorized to finance services (the “Services”) provided by and/or capital facilities of the Program Participant authorized to be financed under the Act and related costs (“Program Participant Improvements”) in satisfaction of Program Participant development impact fees (“Program Participant Fees”), which Program Participant Fees are payable with respect to all development of the applicant property and certain Program Participant capital facilities to be constructed by or on behalf of the developer(“Acquisition Improvements” and with the Program Participant Improvements and Program Participant Fees the “Facilities”); and
WHEREAS, under Section 53316.2 of the Act, CEDA may form CFDs to, among other things, finance the Facilities in connection with new development in the boundaries of the Program Participant and issue bonds, the proceeds of which are used by the Program Participant for the Facilities, provided CEDA and the Program Participant enter into a joint community facilities agreement such as this Agreement; and
WHEREAS, CEDA intends to utilize the proceeds of sale of special tax bonds (the “Bonds”) and special taxes of the CFDs (the “Special Taxes”) to finance some or all of the Facilities; and
WHEREAS, CEDA may utilize Special Taxes to finance the Services; and WHEREAS, the Program Participant is willing to cooperate with CEDA in accomplishing the financing of the Facilities through CFDs, and to confer upon CEDA full power to provide such financing in the event that proceeds of Special Taxes and/or Bonds of such CFD become available and are utilized for such purpose; and
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2 WHEREAS, this Agreement is made under the authority of Section 53316.2 of the Act; and
WHEREAS, in consideration for the mutual undertakings of the Parties stated herein, the Parties agree as follows:

AGREEMENT
Section 1. Administration of CFDs and Issuance of Bonds by CEDA. The CFDs shall be established and administered in accordance with CEDA’s Statement of Goals and Policies for Mello-Roos Community Facilities Districts, attached hereto as Exhibit A. CEDA shall administer the CFDs, including employing and paying all consultants, annually levying the Special Taxes and paying and administering the Bonds, and complying with all State and federal requirements appertaining to the proceedings establishing the CFDs and issuing and using the proceeds of the Bonds, including the requirements of the United States Internal Revenue Code of 1986, as amended (the “Code”) with respect to the tax-exempt Bonds that are issued. The Program Participant shall execute and deliver such certifications and agreements as may reasonably be required in order for bond counsel to CEDA to conclude that interest on any tax-exempt Bonds will be excluded from gross income under the Code, if applicable. To the extent such certifications and agreements cannot be executed with respect to certain Program Participant Fees, Bonds may be issued on a taxable basis, in CEDA’s sole discretion.

Section 2. Agreement to Hold Available Moneys. CEDA shall hold or cause to be held within a separate fund (the “Project Fund”) proceeds of each series of Bonds issued to finance Program Participant Improvements, as well as proceeds of Special Taxes levied by the CFDs for “pay-as-you-go” funding from Special Taxes collected in excess of the amounts needed for bond debt service and administration expenses (such bond proceeds and excess amounts are referred to as “Available Moneys”). The Project Fund shall be segregated from all other funds and, except for investment purposes, shall not be commingled with any other funds. The Project Fund may include separate accounts as necessary to separately account for the proceeds of tax-exempt and taxable Bonds (the “Tax-Exempt Account” and “Taxable Account,” respectively) and to account for the proceeds of such Bonds that are to fund Program Participant Fees and Acquisition Improvements.

Investment earnings on amounts in each Tax-Exempt Account shall be retained in the Tax-Exempt Account, except to the extent a portion of such earnings are used to pay rebate or yield reduction payments to the U.S. Treasury pursuant to the Code. Amounts on deposit in the Project Fund shall be disbursed in accordance with Section 3 of this Agreement and CEDA agrees to disburse, or cause to be disbursed, moneys on deposit in the Project Fund as provided herein. All Program Participant Fees funded through Available Moneys shall be deemed paid in the amount of the Bond proceeds on the date that such Bond proceeds are deposited with the Program Participant.

Section 3. Disbursements From Special Taxes and Bond Proceeds. Proceeds from all Bonds and Special Taxes shall be disbursed in accordance with each Funding and Acquisition Agreement to be entered into among the Program Participant, CEDA and the developer, or property owner of the applicant property, with respect to each CFD (each an “Acquisition Agreement”).
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3 Section 4. Use of Program Participant Fees for Public Capital Improvements and Acquisition of Improvements. The Program Participant shall utilize the Program Participant Fees for Program Participant Improvements. The Program Participant acknowledges that, subject to approval of disbursements as set forth in the applicable Acquisition Agreement, the Program Participant Improvements may be financed through a CFD. The Acquisition Improvements shall be acquired by the Program Participant as set forth in the Acquisition Agreement.

Section 5. Amendments. This Agreement may be amended by a writing signed by the Parties, including any exhibit hereto; provided, that no amendments to Section 3 shall be made without the prior written consent of the developer.

Section 6. Term of this Agreement. This Agreement shall be in full force and effect from this date to and including its termination by mutual written agreement of the parties hereto prior to the formation of the CFD.

Section 7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
[Signature Page Follows]
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S-1
IN WITNESS WHEREOF the Parties have caused this Agreement to be executed by their authorized representatives as of the effective date stated above.

AUTHORITY:

CALIFORNIA ENTERPRISE DEVELOPMENT

AUTHORITY
By:

Authorized Signatory
CITY OF WEST SACRAMENTO:

By:

Name:

Title:

APPROVED AS TO FORM:

By:
-Signature PageJoint Community Facilities Agreement
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A-1

EXHIBIT A

CEDA STATEMENT OF GOALS AND POLICIES FOR MELLO-ROOS COMMUNITY

FACILITIES DISTRICTS
[See Attached]
413
ATTACHMENT 3
4871-1490-2256.1

ASSOCIATE MEMBERSHIP AGREEMENT
by and between the

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and the

CITY OF WEST SACRAMENTO
THIS ASSOCIATE MEMBERSHIP AGREEMENT (this “Associate Membership Agreement”), dated as of ______________, 2024 by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the “Authority”) and the CITY OF WEST SACRAMENTO, a general law city, duly organized and validly existing under the laws of the State of California (the “City”);
WITNESSETH:

WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a “Member” and collectively, the “Members”), have entered into a Joint Exercise of Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the Authority and prescribing its purposes and powers; and
WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the Board of Directors of the Authority; and
WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and
WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an “Associate Member”); and WHEREAS, the City desires to become an Associate Member of the Authority; and WHEREAS, the City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; and WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority;
NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows:
414
2 4871-1490-2256.1
Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority.

Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority.

Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by the Agreement and the Bylaws of the Authority.

Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City.

Section 5. Execution of the Agreement. Execution of this Associate Membership Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. 415
3 4871-1490-2256.1
IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above.

CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY
By
Gurbax Sahota
Chair of the Board of Directors
Attest:

By
Michelle Stephens, Assistant Secretary
CITY OF WEST SACRAMENTO:

Martha Guerrero
Mayor
Attest:

By
Jennifer Cusmir, City Clerk
Approved as to form:

By
[ ], City Attorney
416
RESOLUTION 24-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

SACRAMENTO, CALIFORNIA APPROVING ASSOCIATE MEMBERSHIP BY

THE CITY OF WEST SACRAMENTO, CALIFORNIA IN THE CALIFORNIA

ENTERPRISE DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN

ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE

MEMBERSHIP OF THE CITY OF WEST SACRAMENTO, CALIFORNIA IN THE

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
WHEREAS, the City of West Sacramento (the “City”) is a general law city, duly organized and validly existing under the laws of the State of California; and WHEREAS, the City, upon authorization of the City Council (the “City Council”), may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the “JPA Law”) enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and
WHEREAS, the Cities of Selma, Lancaster and Eureka have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the California Enterprise Development Authority (the “Authority”) and prescribing its purposes and powers; and WHEREAS, in furtherance of the City’s economic development efforts, the City desires to become an associate member of the Authority; and
WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and
WHEREAS, the form of associate membership agreement (the “Associate Membership Agreement”) between the City and the Authority has been filed with the City, and the members of the City Council, with the aid of the City’s staff, have reviewed the Associate Membership Agreement;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO, CALIFORNIA, DOES HEREBY FIND, DECLARE AND RESOLVE:

SECTION 1. The City Council hereby approves associate membership by the City in the Authority.

SECTION 2. The City Council hereby approves the form of, and authorizes the Mayor, the City Manager, Finance Director, or any designee of such officers, to execute the Associate Membership Agreement, subject to the approval as to form from the City Attorney’s Office, and authorizes the City Clerk to attest to such signature, in substantially the form on file with the City Clerk, together with any changes therein deemed advisable by the official signing the Associate Membership Agreement.

SECTION 3. The Mayor, the City Manager, the Finance Director, City Clerk and other 417
Resolution 24-128

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West Sacramento City CouncilDecember 4, 2024

West Sacramento City Council
December 4, 2024