West Sacramento City Council
December 4, 2024

WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR

AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
DECEMBER 4, 2024 AGENDA
Martha Guerrero, Mayor
Dawnté Early, Mayor Pro Tem
Quirina Orozco, Council Member
Norma Alcala, Council Member
Verna Sulpizio Hull, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
6:00 PM Closed Session Call to Order
7:00 PM Regular Meeting Call to Order
Pledge of Allegiance
Land Acknowledgment
The meeting will be held at City Hall, City Council Chambers, 1110 West Capitol Avenue, West Sacramento GENERAL ADMINISTRATION FUNCTION – PART I

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

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

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

PRESENTATIONS
NONE.

CONSENT AGENDA

2. Capital Projects
CONSIDERATION OF CONTRACT AMENDMENT NO. 5 FOR PROFESSIONAL SERVICES WITH DEWBERRY ENGINEERS, INC. FOR THE SYCAMORE TRAIL PHASE III PROJECT (CIP 14027) Objective: The objective of this report is to provide the City Council with sufficient information for approval of a professional services contract Amendment No. 5 with Dewberry Engineers, Inc. for additional design and engineering support services for the Sycamore Trail Phase III Project (“Project”). (CIP 14027)
Anyone wishing to address the Council, or any agenda item, may fill out the Request to Speak card and present it to the City Clerk prior to the completion of staff presentation. Items on the Consent Agenda will be considered in one motion and the Request to Speak card should be turned in prior to the first item on Consent.
1 Recommendation: Staff respectfully recommends that the City Council: (1) Approve Amendment No. 5 to the contract for professional services with Dewberry Engineers, Inc. in the amount of $46,771.92; (2) Authorize the City Manager, or his designee, to execute Amendment No. 5 with Dewberry Engineers, Inc. in the amount not to exceed $46,771.92; (3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; and (4) Delegate authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

3. Capital Projects
CONSIDERATION OF RESOLUTION 24-121 APPROVING THE MEMORANDUM OF

AGREEMENT AND CULTURAL RESOURCES EASEMENT TEMPLATES FOR USE IN

GOVERNMENT-TO-GOVERNMENT RELATIONS WITH NATIVE AMERICAN TRIBES, AND

DELEGATING AUTHORITY TO THE CITY MANAGER
Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 24-121, approving the Memorandum of Agreement and Cultural Resources Easement templates for protecting the cultural resources of California Native American Tribes.

Recommendation: Staff respectfully recommends that the City Council: (1) Adopt Resolution 24- 121 approving the Memorandum of Agreement and Cultural Resources Easement templates for protecting the cultural resources of California Native American Tribes; and (2) Delegate authority to the City Manager to negotiate and execute the Memorandum of Agreement and Deed of Cultural Conservation Easement, provided the negotiated documents are the same as the templates approved in this action.

4. Capital Projects
CONSIDERATION OF CONTRACT AMENDMENT NO. 4 WITH GHIRARDELLI ASSOCIATES FOR THE RIVERFRONT STREET EXTENSION AND 5TH STREET WIDENING PROJECT (CIP 15032)
Objective: The objective of this report is to provide the City Council with sufficient information to approve Amendment No. 4 of the professional services contract with Ghirardelli Associates for construction management services through the construction phase of the Riverfront Street Extension and 5th Street Widening Project (CIP 15032).

Recommendation: Staff respectfully recommends that the City Council: 1) Approve and authorize the City Manager, or his designee, to execute Amendment No. 4 to the construction management contract with Ghirardelli Associates in the amount of $11,628.32 and extend the term of the contract until June 30, 2025 for the Riverfront Extension & 5th Street Widening project (CIP 15032); 2) Authorize the City Manager or his designee to execute amendments or change orders up to 15% of the contract amendment amount $1,744.25; 3) Authorize the City Manager to execute nonsubstantive changes or modifications to the contract, with approval from the City Attorney; and 4) Authorize the City Manager or his designee to execute amendments to further extend the term of the contract, if necessary.

5. Community Development
2 CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT No. 1 FOR PROFESSIONAL SERVICES WITH HDR ENGINEERING, INC. FOR THE ENTERPRISE CORRIDOR AND BRIDGE CROSSING PROJECT AND ADOPTION OF RESOLUTION 24-120 APPROVING BUDGET RELATED ADJUSTMENTS (CIP 11042)
Objective: The objective of this report is to provide the City Council with sufficient information to approve Contract Amendment No. 1 of the professional services contract with HDR Engineering, Inc. to perform additional professional services associated with completion of the alternatives analysis, environmental documentation, engineering design, and related design support services for the Enterprise Corridor and Bridge Crossing (Project).

Recommendation: Staff respectfully recommends that the City Council: (1) Approve Contract Amendment No. 1 of the contract for professional services with HDR Engineering, Inc. to include additional scope of work as specified in Attachment 1 for the Project (CIP 11042) in the amount of $486,025; (2) Approve Resolution 24-120 (Attachment 2) authorizing increase in project budget from $4,005,000 to $4,491,025 funded through a contribution from the Port ($163,723), transfer from existing budget appropriations from CIP 11018, 11022, and 11037 ($216,933.97), and $105,368.03 from a reappropriation of Measure G funds to this project; and (3) Authorize the City Manager to enter into a Cooperative Agreement with the California Department of Transportation (Caltrans) to participate in site assessment, design review, and environmental documentation associated with the Enterprise North Park and Ride and the Enterprise Corridor and Bridge Crossing Project.

6. Economic Development & Housing

CONSIDERATION OF CONTRACT WITH LISA REINERTSON FOR THE WASHINGTON DISTRICT NEIGHBORHOOD PARK PUBLIC ART ELEMENT (CIP 62142) Objective: The purpose of this report is to provide the City Council with information necessary to consider approval of a contract with Lisa Reinertson to fabricate a public art piece for the new Washington District Neighborhood Park.

Recommendation: Staff respectfully recommends that the Council: (1) Award a professional services contract with Lisa Reinertson in the amount not to exceed $60,000 for the fabrication and delivery of a customized terracotta pipe art piece for the new Washington District neighborhood park (CIP 62142); (2) Authorize the City Manager, or his designee, to execute a contract with Lisa Reinertson in the amount of $60,000; (3) Authorize the City Manager, or his designee, to execute amendments to the contract performance schedule or for use of contingency of up to 15% ($9,000) of the value of the contract; (4) Authorize the City Manager or his designee to execute nonsubstantive changes and modifications, with approval from the City Attorney; and (5) Authorize the City Manager or his designee to execute amendments to extend the term of the contract.

7. Finance

CONSIDERATION OF ACCEPTANCE OF THE COMMUNITY FACILITIES DISTRICTS ANNUAL REPORT ON SPECIAL TAXES AND BOND PROCEEDS FOR FISCAL YEAR 2023/2024 3 Objective: The purpose of this report is to provide annual information concerning the use of special tax and bond proceeds for community facilities districts to comply with the Local Agency Special Tax and Bond Accountability Act (SB 165).

Recommendation: Staff respectfully recommends the City Council receive the Community Facilities District annual report on Special Taxes and Bond Proceeds for the 2023/2024 fiscal year and provide staff any comments.

8. Finance

CONSIDERATION OF ACCEPTANCE OF THE ANNUAL REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2023/24 WITH FIVE-YEAR FINDINGS
Objective: The purpose of this report is to comply with Government Code Section § 66006 and the requirement for the City to prepare an annual report, and a five year report with findings, detailing the status of development impact fees collected by the City.

Recommendation: As this is an informational report, no action is required.

9. Finance
CONSIDERATION OF RESOLUTION 24-129 AUTHORIZING PARTICIPATION IN THE

CALIFORNIA PACE PROGRAM AND AUTHORIZING THE CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL PACE ASSESSMENTS WITHIN

THE CITY OF WEST SACRAMENTO
Objective: This report requests City Council approval of a Resolution for the City to participate in the California PACE program and to authorize the California Enterprise Development Authority to conduct contractual PACE assessments within the City of West Sacramento.

Recommendation: Staff respectfully requests that the City Council: (1) Adopt a resolution to join the CEDA PACE Program; and (2) Authorize the California Enterprise Development Authority (CEDA) to accept applications, conduct voluntary contractual assessment proceedings, and levy contractual PACE assessments within the City of West Sacramento for financing or refinancing of certain renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, wildfire suppression for any portion of the City that lies within a Very High Fire Hazard Severity Zone and water efficiency improvements for commercial property owners.

10. Parks & Recreation
CONSIDERATION OF RESOLUTION 24-122 APPROPRIATING FUNDS FOR THE PURCHASE OF 2286 DEL MONTE STREET FOR FUTURE PARK ACCESS
Objective: The objective of this report is to facilitate City Council consideration of Resolution 24- 122 authorizes an appropriation of funds to acquire property located at 2286 Del Monte Street for future park access.

Recommendation: Staff respectfully recommends that the City Council: (1) Find that acquisition of the property at 2286 Del Monte Street is subject to a Class 1 Categorical Exemption (Existing 4 Facilities) under the California Environmental Quality Act pursuant to Title 14, Division 6, Chapter 3, Article 19, Section 15301 of the California Code of Regulations; and (2) Adopt Resolution 24-122 (Attachment 1) establishing a budget appropriation of $2,248,500 from Measure G and Park Impact Fee Funds to cover acquisition, leasing and property management costs for the property located at 2286 Del Monte Street.

11. Parks & Recreation
CONSIDERATION OF RESOLUTION NO. 24-126 AUTHORIZING A GRANT AGREEMENT BETWEEN THE CITY OF WEST SACRAMENTO AND WEST SACRAMENTO GIRLS’ SOFTBALL

FOR NEW DUGOUT PURCHASE
Objective: The objective of this report is to facilitate City Council consideration of Resolution 24- 126 which authorizes the City Manager to approve $35,000 of grant funding to match the Clark Pacific donation for the construction of two dugouts at Alyce Norman Park for West Sac Girls Softball.

Recommendation: Staff respectfully recommends that the City Council: (1) Find that the purchase and construction of two dugouts at Alyce Norman Park for West Sac Girls Softball is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 15301, 15303, and 15304, and find that the determination represents the independent judgment of the City; and (2) Adopt Resolution 24-126 (Attachment) establishing a budget appropriation of $35,000 from Measure N to match the Clark Pacific donation for the construction of two dugouts at Alyce Norman Park for West Sac Girls Softball.

12. City Manager's Office

CONSIDERATION OF UPDATES TO PUBLICLY AVAILABLE PAY SCHEDULE FOR EXTRA

HELP EMPLOYEES AND APPROVAL OF UPDATED JOB DESCRIPTION
Objective: The purpose of this report is to seek City Council approval of updates to the publicly available pay schedule FY24/25 and proposed updates to the Flood Protection Manager job description.

Recommendation: Staff respectfully recommends that the City Council: (1) Approve the updated publicly available pay schedule (Classification Plan) for Fiscal Year 2024/25; and (2) Approve the updated job classification description for Flood Protection Manager.

13. City Manager's Office
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE NOVEMBER 6, 2024 AND NOVEMBER 20, 2024 REGULAR MEETINGS OF THE WEST SACRAMENTO CITY COUNCIL,

REDEVELOPMENT SUCCESSOR AGENCY, AND WEST SACRAMENTO FINANCING

AUTHORITY
Objective: The objective of this report is to provide the City Council with the draft minutes of the November 6, 2024 and November 20, 2024 Regular Meetings of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority. 5 Recommendation: Staff respectfully recommends that the City Council approve the minutes of the November 6, 2024 and November 20, 2024 Regular Meetings of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.

PUBLIC HEARINGS

14. Economic Development & Housing
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 24-17 AMENDING CHAPTERS 9 AND 12, AND REPEALING AND READOPTING TITLE 10 OF THE WEST

SACRAMENTO MUNICIPAL CODE RELATED TO TRAFFIC AND PARKING AND PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 24-114 AMENDING THE CITY OF WEST

SACRAMENTO BOOK OF FEES RELATED TO PARKING
Objective: The purpose of this report is to adopt Ordinance 24-17, amending Chapters 9.28 and

12.12 of the Municipal Code and repealing and readopting Title 10 of Municipal Code, to allow for improved planning, design, regulation and enforcement of traffic and parking activities, and for the purpose of conducting a public hearing for Council consideration of Resolution 24-114 amending the Book of Fees related to parking.

Recommendation: Staff respectfully recommends that the City Council: 1) Conduct a public hearing; 2) Waive the second reading and adopt Ordinance 24-17 amending Chapters 9.28 and

12.12 of the Municipal Code and repealing and readopting Title 10 of the Municipal Code related to traffic and parking; and 3) Adopt Resolution 24-114 amending the Book of Fees related to parking.

15. Finance
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
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.

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

REGULAR AGENDA
6 16. Community Development

UPDATE ON THE COMPREHENSIVE SAFETY ACTION PLAN
Objective: The purpose of this report is to provide an update to the City Council on the Comprehensive Safety Action Plan and to seek the City Council's input on street safety in West Sacramento.

Recommendation: Staff respectfully recommends that the City Council receive staff's presentation on the progress made toward developing the Comprehensive Safety Action Plan and provide feedback on street safety in West Sacramento.

17. Economic Development & Housing

PRESENTATION OF TOURISM IMPROVEMENT DISTRICT FEASIBILITY STUDY AND

CONSIDERATION OF AUTHORITY TO PURSUE FORMATION
Objective: The purpose of this presentation and report is to provide Council with a comprehensive feasibility study conducted for the purposes of exploring a Tourism Improvement District in West Sacramento, and consideration of authority to move forward with formation of the district.

Recommendation: Staff respectfully recommends that the City Council: (1) Receive a presentation on the Tourism Improvement District Feasibility Study; and (2) Authorize staff to pursue formation of a Tourism Improvement District in West Sacramento.

GENERAL ADMINISTRATION FUNCTION – PART II

18. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee --------------------------------------------Guerrero, Alternate - Early City/County 2x2 ----------------------------------------------------Guerrero/Orozco, Alternate – Sulpizio Hull City/School 2x2 ------------------------------------------------------Guerrero/Sulpizio Hull, Alternate - Alcala Executive Commission to Address Homelessness --------------------Sulpizio Hull, Alternate - Orozco EIFD Public Financing Authority-----------------------------------------------Guerrero, Alcala, Sulpizio Hull League of California Cities --------------------------------------------------- Alcala, Alternate – Sulpizio Hull Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Guerrero, Early, Sulpizio Hull Remote Access Network ------------------------------------------------------------------------------------Guerrero River City Regional Stadium Financing Authority------------------------------------------Guerrero, Orozco Sacramento Area Council of Governments (SACOG) ------------------------Guerrero; Alternate - Early Sacramento Regional County Sanitation District Board --------------Orozco; Alternate - Sulpizio Hull West Sacramento Area Flood Control Agency JPA ----------------------------Alcala; Alternate - Orozco Yolo Animal Servies Planning Agency JPA----------------------------Guerrero; Alternate – Sulpizio Hull Yolo County Housing Authority-------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Transportation District -----------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Habitat Conservancy ------------------------------------------------------------------------------Sulpizio Hull Yolo-Solano Air Quality Management District ----------------------------Alcala; Alternate – Sulpizio Hull Yolo Subbasin Sustainable Groundwater Agency-------------------------Sulpizio Hull; Alternate - Early

COUNCIL INTERMEDIARY REPRESENTATIVES
Delta Protection Commission -------------------------------------------------------Vacant; Alternate - Vacant New Hope Community Development Corporation---------------------------------Early; Alternate - Alcala 7 Yolo County Consolidated Redevelopment Successor Agency Oversight Board--------Sulpizio Hull

19. PART II
A. Council Calendar
B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the December 4, 2024 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted November 27, 2024 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review. __________________________________________
Jennifer Cusmir, City Clerk
NOTE: If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

The agenda and agenda reports are also available on the City’s website at www.cityofwestsacramento.org City Council meetings are broadcast live on Wave Cable Channel 20 and rerun the next day at 12:00 PM and the following Saturday at 6:00 PM.

All public materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are also made available for public inspection on the City’s website at:
www.cityofwestsacramento.org. Any document provided at the meeting by staff or by the public will be provided by the City Clerk upon request by phone at (916) 617-4500, or by email at: [email protected].

If you need assistance to participate in this meeting, including translation support, please contact the City Clerk’s Office at 916-617-4500 or [email protected]. Notifying the City Clerk’s Office at least 72 hours prior to the meeting will assist staff in assuring reasonable arrangements can be made to provide accessibility to the meeting. Assisted listening devices are available at this meeting.

Si necesita ayuda para participar en esta reunión o servicios de traducción, comuníquese con la Oficina del Secretario Municipal al 916-617-4500 o [email protected]. Notificar a la Oficina del Secretario Municipal al menos 72 horas antes de la reunión ayudará al personal a garantizar que se puedan hacer arreglos razonables para proporcionar accesibilidad a la reunión.

Los dispositivos de escucha asistida están disponibles en esta reunión. 8 CITY COUNCIL AGENDA REPORT
MEETING DATE: December 4, 2024 ITEM #2
SUBJECT:

CONSIDERATION OF CONTRACT AMENDMENT NO. 5 FOR PROFESSIONAL SERVICES WITH DEWBERRY ENGINEERS, INC. FOR THE SYCAMORE TRAIL PHASE III PROJECT (CIP 14027)
INITIATED OR REQUESTED BY: REPORT PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Kevin Tan, Assistant Civil Engineer
Ryan Teves, Senior Civil Engineer
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information for approval of a professional services contract Amendment No. 5 with Dewberry Engineers, Inc. for additional design and engineering support services for the Sycamore Trail Phase III Project (“Project”). (CIP 14027)

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve Amendment No. 5 to the contract for professional services with Dewberry Engineers, Inc. in the amount of $46,771.92;
2) Authorize the City Manager, or his designee, to execute Amendment No. 5 with Dewberry Engineers, Inc. in the amount not to exceed $46,771.92;
3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract, with approval from the City Attorney; and 4) Delegate authority to the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

BACKGROUND
In 2013, the City adopted the Bicycle, Pedestrian, and Trails Master Plan (BPTMP) with the vision of providing one of the nation's top bicycle- and pedestrian-friendly communities. The BPTMP promoted bicycling and walking as practical modes of transportation within the community by laying out an updated vision of connected bikeways, walkways, and trails that link the neighborhoods, places of employment, shopping centers, parks, and schools.

Included in the 2013 Master Plan was the Sycamore Trail, a five-phase project that extends south from Sacramento Avenue near Yolo Street, across State Highway Route (SHR) 50 and the Barge Canal, to the Lake Washington Boulevard and Jefferson Boulevard intersection.

In 2016, the City received $1.15 million in funding from the Sacramento Area Council of Governments (SACOG) and $5.18 million in funding from the California Urban Greening Grant Program through the Natural Resources Agency for the design and construction of the Sycamore Trail Phase II Extension project.

City staff advertised for design services in June 2017 to begin the design work for Sycamore Trail Phase II and III. The contract was awarded to Drake Haglan on September 6, 2017 and included Phase II – constructing a pedestrian bridge over US-50 by utilizing the existing maintenance corridor managed by Regional Sanitation and Phase III – constructing a class I bicycle and pedestrian trail between the pedestrian bridge and Stone Boulevard by repurposing the existing utility maintenance corridor managed by Regional Sanitation.

When the City updated the BPTMP on July 18, 2018, it renewed its commitment to the Sycamore Trail and listed it as one of its signature projects. On August 22, 2018, the City Council adopted the final Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sycamore Trail Phase II and Ill projects.

The City completed Phase I of the Sycamore Trail in April 2019. The first phase provided a multi-use paved trail and trail amenities that connect Westfield Park to Joey Lopes Park. Phase II, currently under construction with completion anticipated in spring 2025. Phase III, currently under design, is expecting the final design plans, specifications, and estimates to be completed in the spring 2025 and construction to start shortly thereafter. 9 Dewberry Engineers, Inc. Amendment No. 5, Sycamore Trail Phase III Project December 4, 2024

In 2021, the City was awarded $6.189 million in grants from the Caltrans Active Transportation Program (ATP) Cycle 5 for the design and construction of the Sycamore Trail Phase II and III projects. Of this, $3.5 million was awarded for the construction of Phase II, while $2.689 million was awarded for the completion of the design, acquisition of right-of-way, and construction of Phase III.

On January 18, 2024, Amendment 3 was executed for Phase III to reallocate and separate the remaining design services budget into WO #14027. This amendment has allowed Finance to process invoices for grant reimbursement under Phase III of the project. On February 21, 2024, City staff requested that the City Council approve Amendment No. 4 to the design services contract with Dewberry Engineers and its subconsultants to complete additional design and right-of-way services beyond the initial scope of the contract. The impacts of the trail alignment on adjacent property owners and stakeholders including Department of General Services, Washington Unified School District, and private property owners, required the City to mitigate impacts to key stakeholders and secure the necessary easements for the purpose of constructing the trail improvements. These easements necessitated a realignment of the trail at the southern terminus, as well as shifting the trail alignment at the northern access point.

ANALYSIS
City staff and the design team have nearly completed efforts to secure the necessary right-of-way activities and revisions to the trail alignment for the final design. Based on the number of Right of Way, utility, and infrastructure improvements needed for the trail design, City staff is requesting an amendment to the design services contract with Dewberry Engineers. This amendment accounts for the design of installing fiber optics along the trail alignment, meeting the design and construction requirements of stakeholders, and incorporating active transportation grant requirements. For Dewberry Engineers, Inc. to complete Phase III of the project, the original contract compensation will need to be revised to include additional services identified in the proposal dated November 4, 2024, attached as “Exhibit A” within Attachment 1. The compensation for the additional services is $46,771.92. The total compensation under the contract, as amended, will be $1,531,332.46, per Attachment 1.

Environmental Considerations
On August 22, 2018, the City Council adopted the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project with Resolution 18-51. As the project has not been modified since that time, no new environmental analysis is required, consistent with State CEQA Guidelines Section 15162 and 15168(c)(2).

Commission Recommendations
In October and November 2018, presentations on the project aesthetics were made to three separate City Commissions including: Arts, Culture & Historic Preservation, Transportation, Mobility & Infrastructure, and Parks, Recreation & Intergenerational Services. In December 2018, staff presented to the City Council the feedback received from the City Commissions. In July 2019, the City Council adopted Resolution 19-71 which formally accepted the Project Transportation Art and Community Identification design and requested its installation within the State right-of-way.

Strategic Plan Integration
The Project is consistent with the City of West Sacramento’s vision: “A Vibrant City where you can Live, Work, Learn and Play”. The Sycamore Trail Project is a top priority of the BPTMP, connecting communities both north and south of SHR 50 providing a safer intergenerational alternative connection for pedestrians.

Alternatives
the following alternatives are available to the City Council:
1) Approve the recommended actions as stated above.
2) Make adjustments to the recommended actions.
3) Decline the recommended actions or cancel the project.

Alternatives 2 and 3 are not recommended as this is a grant-funded project with a tight delivery schedule. Any changes or modifications to the scope of the Project or the agreements required to move the Project forward will impact the funding and timing available for the Project.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the City Attorney and the Finance Department.
10 Dewberry Engineers, Inc. Amendment No. 5, Sycamore Trail Phase III Project December 4, 2024

Budget/Cost Impact
This project is included in the City’s current Capital Improvement Program (CIP) as CIP 14027. There is sufficient funding available in the project budget for the recommended actions, therefore, no additional funding appropriations are required or requested.at this time.

ATTACHMENTS
1) Contract Amendment No. 5 for Professional Services with Dewberry Engineers, Inc. 2) Vicinity Map
11 Dewberry Engineers, Inc.

MC20-039 Sycamore Trail Phase II and III
Expires 12/31/25
ATTACHMENT 1
AMENDMENT NO. 5
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
and
Dewberry Engineers, Inc.

September 6, 2017
This Amendment No. 5 to the Contract for Services between the City of West Sacramento and Dewberry Engineers, Inc. dated September 6, 2017, is made and entered into this 4th day of December, 2024. Except as expressly amended herein, the September 6, 2017, Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City of West Sacramento and Drake Haglan & Associates executed a contract for services on June 30, 2017, for the Consultant to provide professional services for the Sycamore Trail Phase II and Ill Project (Project); and WHEREAS, Dewberry Engineers, Inc. purchased Drake Haglan & Associates on September 27, 2019. The City acknowledged the acquisition and assigned the Project agreement to Dewberry Engineers, Inc. on November 8, 2019, incorporated herein by reference as Exhibit A; and
WHEREAS, 95% of the design was completed in March 2020 and additional construction funding was needed for Phase II; and
WHEREAS, in 2020, the City applied for additional design and construction funding for Phase II and III from Caltrans Active Transportation Program Cycle 5. In Spring 2021, $3.5 million was awarded for the construction of Phase II, while $2.689 million was awarded for completion of the design, acquisition of right of way, and construction of Phase III, for a combined total of $6.189 million awarded; and WHEREAS, on November 27, 2019, Amendment 1 was executed to extend the term of the contract through August 1, 2021; and
WHEREAS, on December 8, 2021, Amendment 2 was executed to add scope and compensation in the amount of $222,385.23 and extend term through December 31, 2024; and
WHEREAS, on January 18th, 2024, Amendment 3 reallocated the remaining design budget for Phase II to Phase III in the amount of $42,387.65; and WHEREAS, on February 21, 2024, Amendment 4 was executed for completion of Phase III design, acquisition of Right of Way and construction support for Phase II to Phase III in the amount of $99,090.00; and
WHEREAS, Dewberry Engineers submitted Amendment 5 requesting additional funds for added scope for acquisition of Right of Way and revised trail alignment in the amount of $46,771.92 and to extend the contract terms to December 31, 2025; and WHEREAS, the City and Consultant desire to amend said contract.

NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:
12 Dewberry Engineers, Inc.

MC20-039 Sycamore Trail Phase II and III
Expires 12/31/25
I. SCOPE OF SERVICES:

The scope of services as set forth in the Contract for Services dated September 6, 2017, shall be revised to reflect the additional efforts as outlined in Exhibit A.

II. COMPENSATION:

The compensation as set forth in the Contract for Services dated September 6, 2017, shall be revised to include the following:

Compensation shall be increased by Forty Six Thousand Seven Hundred Seventy One and Ninety Two cents ($46,771.92), for said additional services, and total compensation shall not exceed One Million Five Hundred Thirty One Thousand Three Hundred Thirty Two and Forty Six cents ($1,531,332.46) without the City’s prior written approval.

III. TERMS
The terms as set forth in the Contract for Services dated September 6, 2017, shall be revised to include the following:

The Term of Contract will be extended to December 31, 2025 and will commence upon the execution of this amendment.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Amanda Berlin, Assistant City Manager
Dewberry Engineers, Inc
By: Brian Hansen, Associate Vice President

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
13

November 4, 2024
Ryan Teves
Senior Civil Engineer / Project Manager
City of West Sacramento
1110 W Capitol Avenue
West Sacramento, CA 95691
RE: Sycamore Trail Phase II & III Extension Project - Amendment Request Amendment No. 5 - Phase III Additional Design and Right of Way Support Dear Mr. Teves,
Dewberry Engineers Inc. (Dewberry) respectfully requests an amendment to its current contract in accordance with Section 17, "Changes in Terms" of Contract of Services dated September 6, 2017 for the subject project. The need for this amendment is primarily due to additional effort required to complete the design and right of way for Phase III of the project. This amendment also requests an adjustment to the billing rates for Dewberry staff. The following outlines the requested changes.

Amendment Request
Task Summary - Phase III
Task 13: Phase III PS&E ($25,000)
At the direction of the City, Dewberry has made changes to the design details at the northern trail terminus to avoid impacts to WUSD property. Dewberry is also making changes to reflect requests from the City to utilize rubberized asphalt and conduits along the trail. The changes and additional effort required to coordinate with the City and WUSD have exhausted the remaining budget for this task. We are requesting an amendment of $25,000 to complete the remaining PS&E tasks to prepare the bid plans for the Phase III project. These costs are partially offset by the reallocation above from Phase III project.

Task 14: Phase III Right of Way Support ($1,771.92)
The realignment of the trail to avoid WUSD property at the northern trail terminus required updates to the right of way exhibits and additional coordination with our subconsultant team to prepare the required right of way documents. Additionally, Dewberry provided additional support to facilitate the acquisition of the state parcel. We are requesting an amendment of $1,771.92 which will cover the cost overrun for the additional effort required. It is assumed that this effort is complete and there is no remaining budget.

Interwest ($20,000)
Interwest has spent significant effort beyond their original scope to coordinate with the private property owners and the State of CA. As of October 25, they are approximately $14,000 over their budget to complete the right of way acquisitions. The following is a current summary of the acquisition status provided by Interwest.

1. Piotrowski – The escrow pieces are all in place and escrow should close with little to no more ROW involvement. However, there is the matter of an Agreement being needed from the city to Piotrowski for the rent reimbursement. We are assuming the City will lead development of that agreement.

2. Sizemore – This parcel is in escrow and we shouldn’t be involved anymore.

3. DGS – the State is signing everything and will be sending the Deed back to the city for recording, so we should be involved in that process.
14 Mr. Teves
Sycamore Trail Phase II & III Extension Project
Amendment Request
November 4, 2024

While the assumption is that the City will complete the rent reimbursement agreement, we are requesting a small contingency for additional tasks that may be assigned for that effort. In addition, Interwest will need to support development of the right of way certification. With the amendment request, the new remaining budget will be approximately $6,000 which should be adequate to provide the remaining support required.

Total Adjustment (Phase III) $46,771.92
The total additional cost for this amendment request is $46,771.92, The following table summarizes the reallocation and amendment request.

Task / Subconsultant Current Budget
11/1/24
Reallocation /
Amendment
11/1/24
New Budget Spent
As of 9/27/24
Unbilled
Through 10/25/24 New Remaining

1.0 Project Management $ 151,464.00 $ - $ 151,464.00 $ 143,863.56 $ 2,664.36 $ 4,936.09

2.0 Project Surveying, Mapping and Control, and Initial Right of Way $ 7,826.06 $ - $ 7,826.06 $ 7,826.06 $ - $ -

3.0 Utility Coordination $ 27,911.74 $ - $ 27,911.74 $ 27,911.74 $ - $ -

4.0 Geotechnical Services $ 4,579.50 $ - $ 4,579.50 $ 4,579.50 $ - $ -

5.0 Public Outreach Program $ 30,460.64 $ - $ 30,460.64 $ 30,460.64 $ - $ -

6.0 Environmental Documentation $ 66,811.21 $ - $ 66,811.21 $ 66,811.21 $ - $ -

7.0 Plans, Specifications, and Estimates $ 548,447.84 $ - $ 548,447.84 $ 548,447.84 $ - $ -

8.0 Regulatory Agency Permits $ 20,110.15 $ - $ 20,110.15 $ 20,110.15 $ - $ -

9.0 Right of Way $ 5,629.35 $ - $ 5,629.35 $ 5,629.35 $ - $ -

10.0 Bidding Support $ 15,006.11 $ - $ 15,006.11 $ 15,006.11 $ - $ -

11.0 As Directed By City (Phase II Construction Support) $ 59,281.60 $ - $ 59,281.60 $ 47,873.46 $ 2,442.33 $ 8,965.81

12.0 Phase III Utility Coordination $ 8,000.00 $ - $ 8,000.00 $ 1,998.27 $ - $ 6,001.73

13.0 Phase III PS&E $ 33,307.08 $ 25,000.00 $ 58,307.08 $ 33,763.55 $ - $ 24,543.53

14.0 Phase III Right of Way $ 5,000.00 $ 1,771.92 $ 6,771.92 $ 6,327.86 $ 444.06 $ -

15.0 Phase III Construction Support $ 15,000.00 $ - $ 15,000.00 $ - $ - $ 15,000.00 DHA ODC $ 9,608.24 $ - $ 9,608.24 $ 7,170.24 $ - $ 2,438.00 AIM Consulting $ 40,800.30 $ - $ 40,800.30 $ 40,800.30 $ - $ - BRG Engineering $ 48,191.33 $ - $ 48,191.33 $ 48,191.33 $ - $ - Callander Associates $ 94,378.58 $ - $ 94,378.58 $ 71,989.89 $ 1,527.60 $ 20,861.09 Interwest Consultling Group $ 106,370.00 $ 20,000.00 $ 126,370.00 $ 104,664.06 $ 15,657.53 $ 6,048.41 LSA Associates $ 16,062.30 $ - $ 16,062.30 $ 16,062.30 $ - $ - UNICO Engineering $ 42,555.10 $ - $ 42,555.10 $ 36,204.24 $ - $ 6,350.86 WRECO $ 93,667.05 $ - $ 93,667.05 $ 79,483.69 $ - $ 14,183.36 Y&C Transportion Consultants $ 34,092.36 $ - $ 34,092.36 $ 18,477.67 $ - $ 15,614.69 Total: $ 1,484,560.54 $ 46,771.92 $ 1,531,332.46 $ 1,383,653.02 $ 22,735.88 $ 124,943.57 15 Mr. Teves
Sycamore Trail Phase II & III Extension Project
Amendment Request
November 4, 2024

Billing Rates
Section 4, "Allowable Costs and Payment" of Contract of Services dated September 6, 2017 states that Dewberry will be reimbursed at the hourly rates specified in the Consultants Schedule of Fees and that the rates are not adjustable for the performance period set forth in the Contract. Dewberry has not adjusted billing rates since the start of 2020. That represents nearly five years at the same rate while our costs have continued to increase each year with salary adjustments. We are requesting to use current rates for the labor classifications summarized below:

We sincerely appreciate your consideration of this request. If you have any questions or would like further clarification on any of these issues, please call at your convenience.

Sincerely,
Brian Hansen
Project Manager
16 17

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 4, 2024 ITEM #3
SUBJECT:

CONSIDERATION OF RESOLUTION 24-121 APPROVING THE MEMORANDUM OF

AGREEMENT AND CULTURAL RESOURCES EASEMENT TEMPLATES FOR USE IN

GOVERNMENT-TO-GOVERNMENT RELATIONS WITH NATIVE AMERICAN TRIBES,

AND DELEGATING AUTHORITY TO THE CITY MANAGER
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Ryan Teves, Senior Civil Engineer
Christian Asuncion, Associate Civil Engineer
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to adopt Resolution 24-121, approving the Memorandum of Agreement and Cultural Resources Easement templates for protecting the cultural resources of California Native American Tribes.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Adopt Resolution 24-121 approving the Memorandum of Agreement and Cultural Resources Easement templates for protecting the cultural resources of California Native American Tribes; and 2) Delegate authority to the City Manager to negotiate and execute the Memorandum of Agreement and Deed of Cultural Conservation Easement, provided the negotiated documents are the same as the templates approved in this action.

BACKGROUND
The City of West Sacramento has acknowledged and recognized the Indigenous People and Native Americans who have occupied and protected this land and California for generations. State and federal law protect the cultural resources of those Indigenous People, including under California Public Resources Code (PRC) Sections 5097.98, 5097.99, and 7050.5 of the California Health and Safety Code, as amended by Assembly Bill 2641, Section 106 of the National Historic Preservation Act, and Assembly Bill 52 (Gatto, 2014).

In performance of the City's maintenance, development, oversight, and other responsibilities, despite efforts to protect and preserve tribal cultural resources, tribal cultural resources associated with the Tribes may be inadvertently disturbed. Respectful relations between the City and Native American Tribes includes respectful treatment of the Tribes Indigenous human remains and tribal cultural resources according to the Tribes preferences, where feasible. Tribal preferences include preserving physical items in place and reinterring physical items either near the location of their disturbance or in association with other items. To ensure the future protection and preservation of cultural resources, the location of the cultural resource must be safe and secure from incompatible uses.

ANALYSIS
As part of current consultation and discussion with a Native American Tribe, it was determined that the City should establish a procedure consistent with federal and state law to facilitate the reinternment process, continue the intergovernmental relationship that has been fostered, and provide confidentiality while maintaining and preserving the traditions of Indigenous people. A Memorandum of Agreement and Deed of Cultural Conservation Easement template has been prepared to establish a fair process in furtherance of these objectives. Through the Agreement and Easement, the Native American Tribe and City will coordinate to create an area that balances the protection of cultural resources with the City’s need to preserve public property for public purposes. If the cultural resource area is located on City-owned property, the deed will be restricted to prevent future development that may destroy or disturb the cultural resource.

Adopting Resolution 24-121 provides the means for the City and Native American Tribes to reach a mutual agreement on a location for protecting cultural resources. If Native American human remains or cultural items will be reburied, the Parties will agree that the Reinterment Site is reasonably free from known easements, encumbrances, or rights of way that may threaten the security of the items. The Parties will also agree that the Reinterment Site is reasonably accessible to the Tribes based on rules established by the Parties and reasonably secure from vandalism or inadvertent disturbance. If access to the Reinterment Site, now or in the future, requires 18 Memorandum of Agreement and Deed of Cultural Resources Easement December 4, 2024

rights over private property, the Tribes must independently seek to secure such rights, and the City is not responsible for providing or securing access to the Reinterment Site across private property.

Lastly, while staff has presented templates of the documents for City Council review and approval, delegating authority to the City Manager to execute the Memorandum of Agreement and Cultural Resources Easement documents facilitates Tribal confidentiality, streamlines project mitigation, and fosters government-togovernment relations with Tribes while preserving the City Council’s land use powers. The Agreement and Easement documents are templates that may be modified to meet the requirements of different Tribal Entities and a variety of tribal cultural resources. The City is obligated by state law to protect details about tribal cultural resources, so the specifics of an Agreement with a Tribe would not be published for public review. Any Cultural Resources Easement would be a publicly recorded document. As long as the Agreement and/or Easement the City Manager negotiates with a Tribe is substantially the same as the templates, the City Manager can exercise delegated authority to approve them. However, if a Tribe seeks a different Agreement or Easement, the City Council would still be required to review and approve them.

Environmental Considerations
None. This action is not a “project” under the California Environmental Quality Act.

Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended action as described above.
2) Delay or revise the recommended action.
3) Not approve the recommended action.

Alternative 1 is recommended to establish a procedure for City Staff to facilitate Tribal relations and protect tribal cultural resources.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Legal Department.

Budget/Cost Impact
This action does not have a direct financial impact to City funding and expenses.

ATTACHMENT
1) Resolution 24-121
19 Attachment 1
RESOLUTION 24-121

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

ADOPTING TEMPLATES FOR PROTECTING THE CULTURAL RESOURCES OF

CALIFORNIA NATIVE AMERICAN TRIBES AND DELEGATING AUTHORITY TO THE CITY

MANAGER TO NEGOTIATE AND APPROVE REINTERMENT AGREEMENTS AND

CULTURAL RESOURCES EASEMENTS
WHEREAS, Government Code sections 37350 and 37359 empower the City of West Sacramento (“City”) to possess, hold, and control real and personal property for the common benefit, including the power to withdraw property from the personal access and use of members of the public or limit such access in any reasonable manner the City deems necessary; and WHEREAS, Government Code section 65352.3 and Public Resources Code sections 21080.3.1, and 21084.2 require the City to identify and seek to protect tribal cultural resources when updating the City’s General Plan and deciding whether to approve a project; and WHEREAS, on May 18, 2022, the City Council approved Resolution 22-58, establishing an official City of West Sacramento Land Acknowledgement recognizing and respecting the enduring relationship between Indigenous Peoples and their ancestral homelands, and that the City of West Sacramento was built and operates on the ancestral land of Indigenous people past and present; and
WHEREAS, in continuation of the City’s respect for its relationships with Indigenous people and implementing its legal obligations to identify and seek to protect tribal cultural resources, the City may deem it necessary to withdraw property from use by the public or restrict public access to property; and
WHEREAS, Government Code section 65352.3 and Public Resources Code section 21082.3 require the City to maintain information about tribal cultural resources as confidential information; and
WHEREAS, the City Council finds that the Reinterment Agreement Template attached hereto and incorporated herein by reference promotes the City’s compliance with state law regarding the protection and confidentiality of tribal cultural resources and the City’s respect for Indigenous people in circumstances where tribal cultural resources are identified during project evaluation and implementation; and
WHEREAS, the City Council finds that the Cultural Resources Easement Template attached hereto and incorporated herein by reference promotes the City’s compliance with state law regarding the protection and confidentiality of tribal cultural resources and the City’s respect for Indigenous people in circumstances where tribal cultural resources are identified on City property; and
WHEREAS, California Native American Tribes are sovereign governments, and Government Code section 65352.4 requires government-to-government consultation between the City and each Tribe; and
WHEREAS, City ordinance 2.08.050 designates the City Manager as the administrative head of the government of the City to represent the City in contractual negotiations, supervision of public properties, and such other duties and powers as the City Council may delegate to the City Manager; and
WHEREAS, the City Council finds that the City Manager, or his or her designee, is the appropriate person to negotiate agreements with California Native American Tribes related to 20 Resolution 24-121
December 4, 2024
tribal cultural resources on City property in accordance with administrative policies adopted by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of West Sacramento does hereby resolve, declare, determine, and order as follows:

Section 1. The City Council hereby approves the Reinterment Agreement Template, attached hereto as Exhibit A, and each of the policies and objectives stated therein for the City’s use in complying with state law where tribal cultural resources are identified during project evaluation and implementation.

Section 2. The City Council hereby approves the Cultural Resources Easement Template, attached hereto as Exhibit B, and each of the policies and objectives stated therein for the City’s use in complying with state law where tribal cultural resources are identified on City property.

Section 3. The City Council hereby authorizes the City Manager to negotiate with California Native American Tribes the provisions of the Reinterment Agreement Template and the Cultural Resources Easement Template, as appropriate for the circumstances affecting tribal cultural resources.

Section 4. The City Council hereby authorizes the City Manager to execute, on behalf of the City Council, a reinterment agreement that the City Manager has negotiated with a California Native American Tribe; provided, the material terms and objectives of the negotiated reinterment agreement do not substantially differ from the Reinterment Agreement Template herein approved.

Section 5. The City Council hereby authorizes the City Manager to execute, on behalf of the City Council, a cultural resources easement that the City Manager has negotiated with a California Native American Tribe; provided, the material terms and objectives of the negotiated cultural resources easement do not substantially differ from the Cultural Resources Easement Template herein approved.

Section 6. The City Manager shall present any negotiated reinterment agreement or cultural resources easement that substantially differs from the Reinterment Agreement Template or Cultural Resources Easement Template, respectively, to the City Council for its review and approval.

PASSED AND ADOPTED this 4th day of December 2024 by the following vote:

AYES:

NOES:

ABSENT:
_____________________________________
Martha Guerrero, Mayor
ATTEST:
___________________________________
Jennifer Cusmir, City Clerk
21 2459983.2 7203.524

MEMORANDUM OF AGREEMENT

REGARDING REBURIAL OF INDIGENOUS HUMAN REMAINS AND

ASSOCIATED CULTURAL ITEMS

BETWEEN THE

CITY OF WEST SACRAMENTO
AND
[TRIBE/S]
I. PARTIES
The parties to this Preservation Activities Agreement are the City of West Sacramento (the "City") and [TRIBE/S] (the "Tribe/s") (collectively the "Parties").

II. AUTHORITIES
 Native American Graves Protection and Repatriation Act ("NAGPRA"), 25 U.S.C. sections 3001 et seq.
 California Native American Graves Protection and Repatriation Act of 2001 ("CalNAGPRA"), Health and Safety Code sections 8010 et seq.  Health and Safety Code section 7054.
 Public Resources Code section 5097.98 subsections (g) and (h).  Government Code section 7927.700.
 City of West Sacramento resolution number [RESOLUTION] dated [DATE].

III. BACKGROUND
The City seeks to foster meaningful, collaborative, and positive relationships with the Tribe/s, whose aboriginal or historic territory includes areas within the City's jurisdiction. In performance of the City's maintenance, development, oversight, and other responsibilities, despite efforts to protect and preserve tribal cultural resources, Indigenous Human Remains and Cultural Items associated with the Tribe/s ancestors may inadvertently be discovered.

Indigenous Human Remains and/or Cultural Items were discovered in connection with the [PROJECT] on [DATE/S]. An inventory of the discovered Indigenous Human Remains and Cultural Items is provided in confidential Exhibit A, attached hereto and incorporated herein by this reference.

The Tribe/s cultural practice and preference is to reinter the discovered Indigenous Human Remains and Cultural Items as close to the original interment site as possible. To provide for the future protection and preservation of the discovered Indigenous Human Remains and Cultural Items, the selected reinterment site must be safe and secure from incompatible uses. The City and the Tribe/s, in furtherance of a positive and productive relationship wish to secure culturally appropriate reinterment sites and to reinter the discovered Indigenous Human Remains and Cultural Items in a respectful manner.
22 2459983.2 7203.524
IV. AGREEMENT
A. Definitions.

1. "Access Authorization Commencement Date" shall mean the date upon which reinterment activities are completed, as evidenced by completion of all activities in Exhibit C, the means of reinterment.

2. "Cultural Items" shall mean items, other than human remains, that the Tribe/s considers as funerary objects or other objects culturally appropriate for interment alongside Indigenous Human Remains.

3. "Indigenous Human Remains" has the same definition as Human Remains in NAGPRA (43 C.F.R. § 10.2(d)(1)), and consistent with CalNAGPRA and Health and Safety Code section 7050.5.

4. "Reinterment Site" shall mean the location described in confidential Exhibit B, attached hereto and incorporated herein by this reference.

B. Term.

This agreement shall take effect upon the signature of all Parties and shall remain in effect until all obligations herein are completed or upon the passage of five (5) years from the effective date, whichever occurs first. This agreement may be extended or amended by written agreement of all Parties.

C. Mutual Agreement on Reinterment Site.

1. The Parties have consulted and reached agreement that the Reinterment Site is a mutually agreeable location for the reinterment of the discovered Indigenous Human Remains and Cultural Items. The Parties agree that the Reinterment Site is reasonably free from known easements, encumbrances, or rights of way that may threaten the security of the discovered Indigenous Human Remains and Cultural Items after reinterment. The Parties agree that the Reinterment Site is reasonably accessible to the Tribe/s and reasonably secure from vandalism or inadvertent disturbance.

2. If access to the Reinterment Site, now or in the future, requires rights over private property, the Tribe/s must independently seek to secure such rights and the City is not responsible for providing or securing access to the Reinterment Site across private property.

3. City agrees not to disturb or damage the Reinterment Site after reinterment commences.

City shall not knowingly permit any third party to disturb or damage the Reinterment Site. City shall not be responsible for providing additional security for the Reinterment Site. City shall not be liable for the intentional or non-intentional acts of third parties that damage the Reinterment Site. City shall not be responsible to repair any damage to the Reinterment Site, except as otherwise agreed to in writing.
23 2459983.2 7203.524
D. Mutual Agreement on Means of Reinterment.

1. The Parties have consulted and reached agreement that the means of reinterment is as specified in Exhibit C, attached hereto and incorporated herein by this reference.

2. Reinterment is a private function and is not open to the public.

3. Except as specifically provided herein, [City / Tribe/s] shall be responsible for all activities involving earth disturbance (digging, trenching, burying, etc.). Except as specifically provided herein, [City / Tribe/s] shall be responsible for all activities involving the relocation and placement of Indigenous Human Remains and Cultural Items. City and the Tribe/s shall take all reasonable steps to avoid damage and minimize the effects of reinterment on natural and cultural resources and improvements and infrastructure (both above and below the ground). Tribe/s shall be solely responsible for any damage to natural and cultural resources and improvements and infrastructure caused by reinterment activities except where this agreement provides otherwise.

The party responsible for earth disturbance shall reasonably restore the surface of the Reinterment Site after reinterment activities are completed, except where such restoration is incompatible with the means of reinterment stated herein. The [City / Tribe/s] shall obtain all necessary permits or other authority from local, state, and/or federal agencies before conducing any ground-disturbing activity (e.g., State Lands Commission, Bureau of Reclamation, Central Valley Flood Protection Board).

E. Maintenance and Restoration.
[City / Tribe/s] shall be responsible for general maintenance of the Reinterment Site and obtaining any required permits. General maintenance includes, where applicable, horticultural and landscape maintenance activities that are consistent with [City / Tribe/s] usual policies and practices for similar environments and in consultation with the Tribe/s. [City / Tribe/s] shall be responsible for the restoration of the Reinterment Site when damage occurs, whether by natural or human causes, including but not limited to flooding, erosion, animal disturbance, earth subsidence, or vandalism. The terms of this paragraph survive the termination or expiration of this agreement.

F. Post-Reinterment Right of Entry; Terms and Conditions.

1. Right of Entry. City, as more particularly provided and subject to the applicable terms and conditions below, grants to the Tribe/s, inclusive of members and citizens of the Tribe/s, a non-transferrable, non-exclusive right of entry to the Reinterment Site for cultural and spiritual activities ("Access Authorization"). Entry by the Tribe/s, inclusive of members and citizens of the Tribe/s, to other portions of the Property that are restricted from public access is prohibited unless provided for in another access agreement.

2. Term of Access. The Access Authorization shall commence on Access Authorization Commencement Date and expire on the date the Access Authorization is terminated in accordance with this Agreement (the "Access Authorization Term"). 24 2459983.2 7203.524

3. Permitted Uses. The Access Authorization shall only be used for the performance and observation of cultural and/or spiritual activities at or near the Reinterment Site which are reasonably related to the Indigenous Human Remains and Cultural Items interred at the Reinterment Site. Oral or written testimony from the Tribe/s members or citizens shall be evidence that a cultural or spiritual activity is reasonably related to the Indigenous Human Remains and Cultural Items.

4. Notice and Approval. No member or citizen of the Tribe/s shall enter any nonpublic area of the Reinterment Site pursuant to the Access Authorization without prior written approval from the City, which approval shall not be unreasonably withheld so long as the Tribe/s provides written notice to the City not less than: (a) in general, forty-eight (48) hours; (b) if involving open fire or another activity where City's resources should or may be required, fourteen (14) calendar days; and (c) if more than five hundred (500) people by obtaining a permit in accordance with Chapter 12.08 of the West Sacramento Municipal Code.

5. Frequency. Each Tribe/s shall not use the Access Authorization more than [TIMES PER MONTH/YEAR].

6. Hours of Access. Entry to the Reinterment Site, and the Property as necessary to gain access to the Reinterment Site, pursuant to this Access Authorization shall be limited to daylight hours unless otherwise agreed to in writing by the Parties. The time of access shall be mutually agreed upon by the Parties, provided that City shall not unreasonably withhold consent to the time requested by the Tribe/s.

7. Access to Facilities. With an approved Access Authorization, Tribe/s, inclusive of its members and citizens, shall be entitled to non-exclusive use of the Property solely to the extent necessary to gain access to and egress from the Reinterment Site. City may proscribe the Tribe/s use of the Property for access and egress; provided, any restrictions imposed by the City shall be reasonable under the circumstances and shall not interfere with or prevent the Tribe/s planned cultural and/or spiritual activities. Additionally, the Tribe/s, inclusive of its members and citizens, shall be entitled to non-exclusive use of available public parking at no cost, if City customarily charges a fee for parking.

8. Exclusive Access. The Reinterment Site shall not be open to the general public. The Reinterment Site may be open to Indian tribes that are not parties to this Agreement upon (a) notification from the Native American Heritage Commission that such Indian tribe(s) are Most Likely Descendants, or (b) after consultation with and agreement from the Tribe/s.

Notwithstanding the foregoing, the Tribe/s shall have exclusive access to the Reinterment Site during an approved Access Authorization. City shall have the right to restrict access to the Property and/or the Reinterment Site as necessary to respond to any security threat, pandemic or similar health risk, other emergency condition, or governmental order.

9. Duration of Entry. The duration of entry on the Property and the Reinterment Site pursuant to an approved Access Authorization and the terms of this Agreement shall be limited to [NUMBER OF HOURS] hours unless otherwise mutually agreed upon by the Parties, 25 2459983.2 7203.524
provided that City shall not unreasonably withhold consent to the duration requested by the Tribe/s.

10. Rules and Prohibited Activities. The Tribe/s, inclusive of its members and citizens, shall comply at all times with applicable local, state, and federal laws. The Tribe/s, and each member or citizen, shall: (a) not obstruct or otherwise interfere with the passage of vehicles, the ongoing business operations of the City, or the civic, recreational, educational or other activities of private individuals occurring outside of the Reinterment Site; (b) not engage in activities or uses that conflict with the reasonable preferences of any other Tribe/s that are Parties to this Agreement; (c) maintain the Reinterment Site in a good, safe, and clean condition, including not abandoning or storing materials or objects thereon; (d) not conduct any activity or participate in any behavior that threatens or presents a risk to human life, health, or safety; (e) follow instructions given by City personnel, including as necessary to respond to any security threat, pandemic or similar health risk, or emergency condition or governmental order.

Notwithstanding the foregoing, the Parties acknowledge and agree that the Tribe/s, inclusive of its members and citizens, may: (a) leave reasonable ceremonial, religious, or funerary offerings (e.g., tobacco, flowers, shells) at the Reinterment Site; (b) take photographic and video recordings in the Reinterment Site; and (c) use above-ground portable fire pits for burning wood, sage, bear root, and other natural ceremonial materials, subject to all appropriate fire suppression and safety restrictions, provided such use is limited in size to no larger than a typical residential (non-professional) charcoal grill.

11. Nature of Access Authorization. No interest in any real or personal property is being granted or furnished by this Agreement. Tribe/s, inclusive of its members and citizens, shall not acquire any right in or to the Property, including the Reinterment Site, by prescription, adverse possession, or otherwise, by its use of the Property or the Reinterment Site.

G. Costs and Liabilities.

The Tribe/s is solely responsible for the costs of access under the terms of this Agreement and, except as otherwise provided, agrees to assume all risks associated with such access, including but not limited to property damage and bodily injuries, including death, from any act, omission, condition or other matter related to or occurring on or about the Property, including the Reinterment Site.

H. Confidentiality.

1. Each Party expressly acknowledges and agrees that confidentiality of the terms of this Agreement is of material importance and was a material inducement to the execution of this Agreement. Each Party promises and covenants not to disclose, publicize, or cause to be disclosed or publicized, directly or indirectly, the terms of this Agreement to any person or unrelated entity. Each Party further promises to limit disclosure of this Agreement to only those officers, employees, or agents that need to know the information contained herein, and to require each such officer, employee, or agent to execute a confidentiality agreement, in substantially the same substance as this provision, before disclosing this Agreement. 26 2459983.2 7203.524

2. Notwithstanding the foregoing, this confidentiality provision shall not preclude the Parties or their counsel from disclosing: (a) any facts of public record; (b) the terms of this Agreement to a third party if disclosure is reasonably determined to be required by applicable law, or if required by an order of a court of competent jurisdiction; (c) the terms if this Agreement to transferees of the Property, or any part thereof; (d) the existence and general nature of this Agreement to potential buyers or lessees, auditors, lenders, investors, insurers, regulatory agencies, or taxing authorities of the Property or any portion thereof; (e) the nature or terms of this Agreement, as the case may be, to governmental agencies and administrative bodies as may be reasonably necessary in connection with any legal proceedings related to this Agreement; or (f) as otherwise agreed upon by the Parties in writing in advance of the disclosure.

3. If served with a subpoena, court order, or other legal or administrative process requesting or requiring disclosure of the information subject to this section, the Party receiving such request shall notify the other Party(ies) within five (5) business days and, if requested to do so, shall reasonably cooperate in any effort to obtain a protective order or similar decree restricting disclosure of such information or production of this Agreement itself. For purposes of this Agreement, reasonable cooperation does not include preparing or filing court documents or incurring legal expenses.

4. If any Party is in breach of the obligations of this section regarding confidentiality and non-disclosure of this Agreement, the non-breaching Party(ies) shall be entitled to, in addition to other rights or remedies at law or in equity, temporary and permanent injunctions restraining such breach, and to a decree for specific performance of the provision. The Parties obligations under this section shall survive the expiration or earlier termination of this Agreement.

5. Each Party agrees to ensure in any agreement with any recipient identified in this section to whom information concerning this Agreement is disclosed, that such recipient shall also agree to be bound by these confidentiality provisions to the extent permitted by law, and the disclosing Party shall be liable to the non-disclosing Party(ies) for any breaches of confidentiality by persons to whom it has disclosed information about this Agreement, if such disclosure was not required by law.

V. LIABILITY RELEASE, WAIVER, AND INDEMNITY
A. In consideration of the Access Authorization herein, the Tribe/s on behalf of itself, each of its members and citizens, each other person accessing the Property or Reinterment Site under this Agreement, and their heirs, administrators, personal representatives, and assigns:

1. HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE

THE CITY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,

ATTORNEYS, AGENTS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS AND ALL

PEOPLE ACTING UNDER, BY, THROUGH, OR IN CONCERT WITH ANY OF THE

FOREGOING, FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR

DEMANDS THEREFORE, ON ACCOUNT OF INJURY TO ANY PERSON ARISING OUT OF OR RELATED TO ACCESS TO THE PROPERTY OR THE REINTERMENT SITE. 27 2459983.2 7203.524

2. Hereby acknowledges that walking on or otherwise accessing the Property or the Reinterment Site may have inherent risks attendant thereto and involves the risk of serious injury and/or death and/or property damage and voluntarily assumes the risk.

3. ACKNOWLEDGES AND AGREES THAT THIS RELEASE APPLIES TO ALL

CLAIMS FOR INJURIES, DAMAGES OR LOSSES TO THE TRIBE/S, INCLUSIVE OF ITS

MEMBERS AND CITIZENS, AND EACH OF THE PEOPLE ACCESSING THE PROPERTY

OR THE REINTERMENT SITE UNDER THIS AGREEMENT, REAL OR PERSONAL,

WHETHER THOSE INJURIES, DAMAGES OR LOSSES ARE KNOWN OR UNKNOWN,

FORESEEN OR UNFORESEEN, OR PATENT OR LATENT, THAT THE TRIBE/S AND/OR

ITS MEMBERS OR CITIZENS, AND EACH OF THE PEOPLE GRANTED ACCESS

UNDER THIS AGREEMENT MAY HAVE AGAINST CITY IN CONNECTION WITH SUCH ACCESS. ACCORDINGLY, THE TRIBE/S WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
Tribe/s Initials: ____
B. Tribe/s further declares that it knowingly and willingly enters into this Agreement notwithstanding the provisions of Section 1542. Tribe/s agrees and represents that it fully understands the statutory language of Civil Code Section 1542 and with this understanding, nevertheless, elects to and does assume all risks for rights, claims, demands, obligations, causes of action or liabilities, known or unknown, heretofore arising with the subject matter of this Agreement.

C. Tribe/s agree to protect, defend, indemnify and hold harmless City and its officers, directors, employees, representatives, attorneys, agents, administrators, insurers, successors, and assigns, and all people acting under, by, through, or in concert with any of the foregoing, from any claims, of whatever nature, that may arise out of or relate to accessing the Property or the Reinterment Site.

VI. Dispute Resolution.

A. Nonbinding Mediation. In the event of any dispute relating to this Agreement, then at any Party's request the Parties may, but are not required to, participate in non-binding mediation of such dispute. This mediation shall take place in a timeframe that is reasonable under the circumstances. Any such mediation is to be completed in one day and shall not exceed a total of eight (8) hours, unless extended by mutual consent of the mediating Parties. If non-binding mediation is 28 2459983.2 7203.524
used pursuant to this paragraph, the City shall pay fifty percent (50%) of the costs of mediation, and the mediating Tribe/s shall each pay a proportionate share of the remaining fifty percent (50%). The mediator will be selected by mutual agreement of the mediating Parties.

B. Binding Arbitration.

1. Any dispute relating to this Agreement that is not resolved pursuant to Section VI (above) shall be resolved by final and binding JAMS arbitration to be held in the County of Yolo pursuant to the following provisions:

2. The dispute shall be heard by a panel of three arbitrators, each of whom shall be a retired jurist with a preference for arbitrators familiar with federal Indian law and/or NAGPRA/CalNAGPRA. The arbitration shall be conducted pursuant to JAMS Comprehensive Arbitration Rules and Procedures ("Rules") and in accordance with the Expedited Procedures in those Rules as those Rules exist on the Effective Date. The arbitration decision or determination may be entered in any court of competent jurisdiction for the purpose of enforcing the decision or determination.

3. Within ten (10) days after notice from a Party to each other Party that it intends to proceed with arbitration, each Party wishing to participate in arbitration shall select one person to act as arbitrator. If more than three arbitrators are selected, those arbitrators shall choose among themselves a panel of three within fifteen (15) days of the commencement of arbitration. If two arbitrators are selected, they shall select a third arbitrator within fifteen (15) days of the commencement of arbitration. If the arbitrators are unable or fail to agree upon a panel of three arbitrators within the allotted time, the panel shall be appointed by JAMS in accordance with its Rules. All arbitrators shall serve as neutral, independent, and impartial arbitrators. The Parties shall communicate their choice of arbitrator(s) only to the JAMS Case Manager, and no Party may inform any of the arbitrators as to which Party may have appointed them.

4. The City shall pay fifty percent (50%) of the fees and costs of arbitration, and the Tribe/s shall each pay the remaining fifty percent (50%).

C. Judicial Review. Any final and binding arbitration decision or award may be reviewed by the United States District Court for the Eastern District of California.

If the District Court determines that it lacks jurisdiction, the arbitration decision or award may be reviewed by the Yolo County Superior Court.

VII. Waivers of Immunity.

A. City expressly, unequivocally, and irrevocably waives its sovereign immunity for the enforcement of this Agreement by any one or more of the Tribe/s, and consents to the jurisdiction of JAMS arbitrators, the United States District Court for the Eastern District of California, and the courts in the State of California, in any action brought by one or more of the Tribe/s in law or in equity, to enforce 29 2459983.2 7203.524
any provision of this Agreement. City agrees to not raise or exert sovereign immunity as a defense to any such action brought by any one or more of the Tribe/s. City represents and warrants that it has duly executed any resolutions or other actions or instruments as may be required to effectuate this waiver.

B. Each of the Tribe/s, individually, expressly, unequivocally, and irrevocably waives its sovereign immunity for the enforcement of this Agreement by the City or any one or more of the Tribe/s, and consents to the jurisdiction of JAMS arbitrators, the United States District Court for the Eastern District of California, and the courts in the State of California, in any action brought by the City or one or more of the Tribe/s in law or in equity, to enforce any provision of this Agreement. Each of the Tribe/s, individually, agrees to not raise or exert sovereign immunity as a defense to any such action brought by the City or any one or more of the Tribe/s. Each Tribe/s, individually, represents and warrants that it has duly executed any resolutions or other actions or instruments as may be required to effectuate this waiver.

C. The waivers of sovereign immunity in this section are limited to actions initiated by and between the Parties to this Agreement and shall not extend to any third party. Should a third party be deemed by a court of competent jurisdiction as a necessary party, the Parties each reserve the right to withdraw their respective waivers of sovereign immunity and consents to suit.

VIII. Notices.

A. All notices to the City shall be delivered to:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Attn: City Manager
B. All notices to the [TRIBE NUMBER 1] shall be delivered to:

C. All notices to the [TRIBE NUMBER 2] shall be delivered to:

D. Parties agree to provide timely notice in the event that the Reinterment Site is damaged or is temporarily inaccessible.

IX. Standard Provisions.

A. Parties Bound; Successors.
30 2459983.2 7203.524
The provisions of this Agreement shall apply to and be binding upon each of the Parties, including but not limited to, their elected leaders and officers, representatives, assigns, and successors.

B. No Partnership.

This agreement does not establish any partnership, agent, or employer relationship.

C. No Compensation.

Except as expressly provided herein, this agreement establishes no additional legal or discretionary authority, or any additional funding obligations.

D. Hazardous Materials.

Tribe/s shall not inter or reinter hazardous materials directly into soil without either: (1) encasing them in a container or lining capable of preventing leaking or leaching which is approved by the City; or (2) placing them in a repository capable of preventing leaking or leaching which is approved by the City. Hazardous substances include, but are not limited to, any Indigenous Human Remains or Cultural Items that have been or the Tribe/s have reason to believe were treated with formaldehyde, chemical preservatives, pesticides or herbicides, or other suspected hazardous or toxic substances.

E. Indemnity.

Tribe/s shall indemnify, defend and hold harmless City, their elected and appointed officers, employees, and agents (hereinafter "Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or connected with Tribe/s acts and/or omissions arising from and/or relating to this agreement. Tribe/s shall not be responsible for the sole negligence or intentional acts of the Indemnitees. Tribe/s shall not be responsible for any pre-existing environmental conditions. The terms of this paragraph survive the termination or expiration of this agreement.

F. Insurance.

The Parties shall maintain insurance as described in Exhibit D.

G. No Third Party Beneficiaries.

This agreement is not intended to and does not create any right, benefit, or responsibility by any third party, including any individual member or citizen of Tribe/s acting in an individual capacity, against the Parties.

H. Compliance with Federal and State Laws.
31 2459983.2 7203.524
This agreement does not affect or exclude compliance with existing federal, state, tribal, or local environmental or cultural resource protection laws, regulations, or guidelines. City and Tribe/s will comply with all appropriate statutes, regulations, and guidelines that apply to the specific authorized activities under this agreement.

I. Severability.

Should any court or agency of competent jurisdiction find any part of this agreement to be to any extent invalid or unenforceable, the remainder of this agreement shall be valid and enforceable to the fullest extent permitted by law and shall not be affected thereby. In interpreting this agreement, a court or agency shall construe its terms in a manner that ensures each provision is valid and enforceable, or otherwise ensures the validity and enforceability of the remaining provisions of this agreement.

J. Limitation on Scope.

This agreement is unique to the Reinterment Site and the discovered Indigenous Human Remains and Cultural Items and does not set a precedent for other projects.

K. Counterparts.

This agreement may be executed in two or more counterparts and shall be effective when all Parties and signatories have affixed their signatures to two or more counterparts and the executed counterparts have been delivered to all Parties, at which time the counterparts together shall be deemed one original document and each counterpart shall be deemed a copy of the original document.

IN WITNESS WHEREOF, the Parties have executed this Agreement this ___ day of _______, 20__.

Grantor Grantee
City of West Sacramento [TRIBE]
a Municipal Corporation of the State of a [federally / State] recognized Indian tribe California
By: _____________________________ By: _____________________________ Name: ___________________________ Name: ___________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ Attest:
_________________________________
______________, City Clerk
32 CONFIDENTIAL
2459983.2 7203.524

EXHIBIT A
Below is a brief catalogue of the Indigenous Human Remains and/or Cultural Items that were discovered at [PROJECT]. This catalogue is confidential, protected against disclosure by state and federal law, and shall not be distributed to the public except by court order.

Item Date Found Description
33 CONFIDENTIAL
2459983.2 7203.524

EXHIBIT B
Below is the legal description of the Reinterment Site. This information is confidential, protected against disclosure by state and federal law, and shall not be distributed to the public except by court order.
34 2459983.2 7203.524

EXHIBIT C
Below is the agreed method of reinterment of Indigenous Human Remains and Cultural Items at the Reinterment Site. This information is confidential, protected against disclosure by state and federal law, and shall not be distributed to the public except by court order.

The reinterment is a private function for citizens of the Tribe/s and their invitees. It is not open to the public.

A. Use of Tools and Equipment.

The reinternment will be performed by using [Hand Tools / Heavy Equipment / Both]. [DESCRIBE THE USE OF TOOLS AND EQUIPMENT TO EXCAVATE AND FILL THE SITE.]
[E.g., CITY WILL DIG A TRENCH EIGHT FEET LONG AND FOUR FEET WIDE TO A DEPTH OF FIVE FEET WITH A BACKHOE. CITY WILL STABILIZE THE SIDES OF THE TRENCH AND ENSURE THAT IT IS SAFE FOR HUMAN ACTIVITIES. TRIBE/S WILL USE HAND TOOLS TO DIG APPROXIMATELY TWO ADDITIONAL FEET OF DEPTH.

WHEN REBURYING THE INDIGENOUS HUMAN REMAINS AND CULTURAL ITEMS, TRIBE/S WILL COVER THE FIRST TWO FEET OF DEPTH WITH HAND TOOLS. THE

CITY WILL COMPLETE THE BURIAL WITH EARTH MOVING AND COMPACTION EQUIPMENT. NO COMPACTION MAY OCCUR UNTIL AT LEAST FOUR FEET OF EARTH COVERS THE INDIGENOUS HUMAN REMAINS AND CULTURAL ITEMS.] The [City / Tribe/s] shall be responsible for all activities involving Hand Tools. The [City / Tribe/s] shall be responsible for all activities involving Heavy Equipment. [The Responsible Party shall supply all tools and equipment necessary to perform the activities assigned.] B. Privacy.

The City shall provide a screen to prevent unauthorized observance of or intrusion into the Reburial Site at the time of reinterment. In addition, the Tribe/s shall have a screened and shaded area in the vicinity of the Reinterment Site that is suitable for dressing and performing private ceremony as mutually agreed by the City and the Tribe/s.

C. Ceremony.

The Tribe/s [WILL / WILL NOT] require an open fire for the reinterment ceremony. If an open fire is required, City shall provide a suitable container or prepared area. Tribe/s shall be solely responsible for building, lighting, using, extinguishing, and disposing of the open fire. City may, in its sole discretion, have fire control resources at or near the Reinterment Site. The Tribe/s specifically acknowledge that the indemnity provisions of this agreement apply to the Tribe/s use of an open fire and agree that the Tribe/s shall be solely responsible for any and all damages caused by or arising from the Tribe/s use of an open fire. 35 2459983.2 7203.524
At the Tribe/s sole discretion, City acknowledges and agrees that its representatives and employees may be excluded from any part of the reinterment, and that the City's work on reinterment may be halted at any reasonable time for a reasonable period as specified by the Tribe/s. Tribe/s shall be responsible for the City's cost of any unreasonable delay in reinterment activities, including but not limited to equipment rental costs and employee wages.

D. Timing.

Reinterment activities will reasonably follow the order and timeline specified below.

Activity Start Time
1 2
3 4
5 36
2459983.2 7203.524

EXHIBIT D
INSURANCE LIMITS. The Tribe/s will maintain the following policies of insurance in full force and effect during the term of this Agreement. The City retains sole discretion in determining the types and proper levels of insurance coverages.

LIMITS REQUIRED
Comprehensive General/Commercial Liability
Insurance including endorsements for
comprehensive, contractual liability, independent
contractors, personal injury, premises operations,
products/completed operations, and broad form
property damage.
☐ $100,000 per occurrence/ $300,000 aggregate
☐ $250,000 per occurrence/ $500,000 aggregate
☐ $500,000 per occurrence/ $1,000,000 aggregate
☐ $1,000,000 per occurrence/ $2,000,000
aggregate
Automobile Liability Insurance
including owned, hired, and nonowned vehicles.
☐ $100,000 per occurrence/ $300,000
aggregate
☐ $250,000 per occurrence/ $500,000
aggregate
☐ $500,000 per occurrence/
$1,000,000 aggregate
☐ $1,000,000 per occurrence/
$2,000,000 aggregate
Worker’s
Compensation
Statutory
CITY AS ADDITIONAL INSURED. The General Liability and Automobile Liability policies shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as Additional Insureds. The Additional Insured endorsements must be attached to the Certificate of Insurance which the Tribe/s shall submit to the City and approved by the City Attorney prior to commencement of work. The policies or endorsements will provide that the City will receive at least 30 days written notice prior to any material change or cancellation in the policy or endorsement.

PRIMARY INSURANCE. All insurance coverages of the Tribe/s is primary insurance as to City.

City shall not be required to contribute to any loss through its insurance policies and/or self-insured programs.

INSURANCE LIMITS. The limits of insurance coverages specified above in no way limit the liability of the Tribe/s for full payment and resolution of any claim resulting from the Tribe/s performance of services under this Agreement.

WAIVER OF SUBROGATION. The Worker’s Compensation policy will contain a waiver of subrogation endorsement in favor of the City, its officers, agents and employees. 37 2499227.2 7203.524

DEED OF CULTURAL CONSERVATION EASEMENT
This Deed of Cultural Conservation Easement (this "Deed") is made as of [DATE] (the "Execution Date") by and between the City of West Sacramento, hereinafter referred to as "Grantor," and [NAME OF TRIBE], a [FEDERALLY / STATE] recognized Indian tribe, hereinafter referred to as "Grantee," for a right of easement over, upon and across a portion of that real property in the City of West Sacramento, State of California, as described herein.

RECITALS
WHEREAS, Grantor is the owner of certain real property located in the County of Yolo, State of California, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is located on land that is aboriginally, historically, or otherwise identified as within the territory of the Grantee; and WHEREAS, the Property, which has been the subject of past disturbance and development, contains sensitive environmental and cultural resources that Grantor desires to protect; and
WHEREAS, tribal cultural resources, as that term is defined in section 21074 of the Public Resources Code (the "TCR"), have been identified or discovered, or are likely to be identified or discovered, on the Property; and
WHEREAS, Grantee desires to preserve and obtain access to the TCR which have been identified or discovered, or may be identified or discovered, on the Property; and WHEREAS, Grantor desires to preserve and grant Grantee access to the TCR which have been identified or discovered, or may be identified or discovered, on the Property; and WHEREAS, Grantor and Grantee acknowledge that the sale, and public and private display, of TCR remains a thriving market in the United States and abroad, and regardless of whether TCR have a market value they must be protected against exploitation through reasonable restrictions on property and confidentiality of associated information; and WHEREAS, Grantor and Grantee are also parties to that certain confidential Memorandum of Agreement between the City and the [TRIBE/S] dated [DATE & NAME] describing the activities Grantee intends to undertake within the Easement Area (the "Preservation Activities Agreement") which is not generally subject to public disclosure under the laws of the State of California and/or the United States.

NOW, THEREFORE, in consideration of the above, the covenants, terms, conditions, and restrictions herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
38 2499227.2 7203.524

AGREEMENT
I. Grant and Purpose.

Pursuant to California law, Grantor hereby voluntarily deeds and conveys to Grantee a cultural resources easement in perpetuity over the Property, under the terms and conditions contained herein (the “Cultural Resources Easement”).

The primary purpose of this Cultural Resources Easement is to enable Grantee to preserve and obtain access to TCR that are, or may be discovered, on the Property to ensure perpetual opportunities for Grantee to engage in cultural and spiritual activities that Grantee determines are appropriate for such TCR, while ensuring that Grantor maintains general control over and use of the Property.

The existence of this easement is not intended as evidence that TCR exist in the Easement Area described in Exhibit B and Exhibit C. Rather, it is merely evidence that Grantor and Grantee believe TCR may exist in the Easement Area or that the Easement Area is necessary and appropriate for Grantee to preserve its culture, and that both Grantor and Grantee intend to protect the Easement Area from potential exploitation or damage. Facts supporting Grantor and Grantee's belief are confidential and this Cultural Conservation Easement should be interpreted broadly in a manner consistent with any written agreement between Grantor and Grantee related to the subject of this Cultural Conservation Easement.

II. Affirmative Rights and Interests Conveyed.

A. Grantee shall have all of the rights and interests described in the Preservation Activities Agreement, subject to the conditions specified therein.

Notwithstanding any contrary provision in the Preservation Activities Agreement, the following sections shall continue in perpetuity and run with the land:

1. Section IV(C)(2) relating to access over private property.

2. Section IV(C)(3) relating to disturbance or damage within the Cultural Resources Easement.

3. Section IV(E) relating to maintenance and restoration.

4. Section IV(F) relating to right of entry, permitted and prohibited uses, and notice.

5. Section IV(G) relating to costs of access and liabilities.

6. Section IV(H) relating to confidentiality.

7. Section V relating to liability, waiver, and indemnity.

8. Section VI relating to dispute resolution.
39 2499227.2 7203.524

9. Section VII relating to waivers of immunity.

10. Section IX(A) relating to parties and successors.

11. Section IX(E) relating to indemnity.

12. Section IX(F) relating to insurance.

13. Section IX(G) relating to no third-party beneficiaries.

14. Section IX(H) relating to compliance with federal and state law.

B. Screens. Grantee shall have the right to temporarily erect, or to request that Grantor temporarily erect at Grantee's expense, one or more screens or similar methods of providing privacy for Grantee's cultural and spiritual activities in, over, and across the Easement Area; provided: (a) Grantee restores, or causes to be restored, the condition(s) of the Easement Area at the conclusion of Grantee's activities; and (b) the temporary screens do not unreasonably interfere with Grantor's use and enjoyment of the Property.

C. Right to Prohibit. Grantee shall have the right to (a) prohibit, in a lawful manner, any activity by Grantor, or any third party whether or not acting on behalf of Grantor, that is inconsistent with the purpose of this Cultural Resources Easement, and (b) require restoration of such areas or features of the Property which are reasonably related to TCR, or to Grantee's cultural and spiritual activities related to TCR, that are permitted by the Preservation Activities Agreement, and that may be damaged by inconsistent activity or use. However, it is the intention of this Cultural Resources Easement not to limit Grantor's discretion to maintain the Property as reasonably determined by Grantor to be necessary so long as Grantor has consulted with Grantee concerning the maintenance activities.

III. Prohibited Uses and Practices.

The following uses and activities are prohibited directly on the Easement Area, and on the Property if conducted in a manner which adversely affects the Easement Area or any of the rights and obligations of the Deed, except as provided in the Preservation Activities Agreement and subject to applicable law and necessary facilities maintenance, service, and repairs:

A. Active recreational activities including, but not limited to, camping, sports, field games, running and biking, or other active recreational uses; B. Structures that accommodate active recreational activities, including, but not limited to, play equipment;
C. Construction activities;
40 2499227.2 7203.524
D. Keeping domesticated animals, except for temporary grazing of open space for weed abatement;
E. Vehicles;
F. Surface penetrations below the geogrid layer;
G. Altering the surface or general topography of the Easement Area except for fencing and maintenance of the engineered soil cap, landscaping, facilities, and utilities included within the fill;
H. Depositing or accumulation of trash, refuse, or garbage; I. Planting, introduction or dispersion of non-native or exotic plant or animal species, except for the placement of flowers, tobacco, or shell on the ground surface;
J. Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as required by law for fire control and prevention or treatment of disease; K. Mechanical or chemical weed abatement activities (hand and grazing methods are permitted);
L. Any activities or uses detrimental to water or soil quality, including but not limited to degradation or pollution of any surface or subsurface waters or soil; M. Any activities that create a health or safety hazard; and N. Any use or activity that violates applicable federal, state, or local laws.

IV. Grantor's Duties.

A. Grantor shall undertake reasonable actions to prevent the unlawful entry, trespass, damage, destruction, or other inconsistent use of the Easement Area by persons whose activities may reveal, degrade, or otherwise harm the TCR. Reasonable actions include usual and customary law enforcement that is consistent with the nature and location of the Property and the circumstances known to the Grantor at the time. Reasonable actions further include the denial of any application or request for any permit or other discretionary or ministerial act that is inconsistent with the purposes of this Cultural Resources Easement.

B. Nothing in this Deed is intended or shall be interpreted to require Grantor to take any particular actions to maintain or secure the Property. Grantee understands and agrees that Grantor retains sole discretion to make decisions concerning the expenditure of funds, the allocation of assets, and the assignment of City staff. 41 2499227.2 7203.524
V. Reserved Rights.

Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Cultural Resources Easement. Without limiting the generality of the foregoing, the following rights are expressly reserved: (a) all right, title and interest in and to all tributary and non-tributary water, water rights, and related interests in, on, under, or appurtenant to the Property; and (b) all right, title and interest in subsurface oil, gas and minerals; provided, that the manner or exploration for and extraction of any water, oil, gas or minerals within, above, or below the Easement Area shall be approved in writing by Grantee, which approval shall not be unreasonably withheld.

VI. Grantee's Duties.

A. Notwithstanding Grantor's duty to maintain the Easement Area, Grantee shall: (i) not damage Grantor's Property and improvements; (ii) maintain the Property during all ingress, egress, and activities; (iii) not cause waste; (iv) maintain and/or remove any items brought onto the Property. Grantee shall not erect permanent structures on the Property, or leave temporary structures on the Property overnight, or make other improvements to the Property, except with prior written approval from Grantee which shall not be unreasonably withheld.

B. Grantee shall conduct activities in the Easement Area in a lawful manner that does not cause unreasonable disturbance to Grantor or Grantor's invitees that are lawfully on the Property.

VII. Grantor/Grantee Remedies.

A. If Grantor or Grantee determines that the other Party is in violation of the terms of this Deed or that a violation is threatened, Grantor/Grantee shall give written notice to the other Party of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Cultural Resources Easement or with Grantor's reserved rights, to restore the portion of the Property so injured. If the other Party fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantor/Grantee, or fails to begin curing such violation within the thirty-day period under circumstances where the violation cannot be reasonably cured within thirty days, Grantor/Grantee may initiate Dispute Resolution as provided in Section VI of the Preservation Activities Agreement to enforce the terms of this Deed.

B. If Grantor or Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the TCR, Grantor/Grantee may initiate legal action in the Yolo County Superior Court to enjoin the violation by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Deed or for 42 2499227.2 7203.524
injury to the TCR or the Property, including damages for any loss thereof, and to require the restoration of the Property to the condition that existed prior to any such injury without waiting for the period provided for cure to expire.

C. Grantor's and Grantee's rights under this section apply equally in the event of either actual or threatened violation of the terms of this Deed, and Grantor/Grantee agrees that the other Party shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantor/Grantee may be entitled, including specific performance of the terms of this Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantor's and Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.

VIII. Costs of Enforcement.

Except as otherwise provided in the Preservation Activities Agreement, any costs incurred by either Party in enforcing the terms of this Deed against the other Party, including, without limitation, costs of suit and attorney's fees, and any costs or restoration necessitated by a violation of the terms of this Deed shall be borne by the Party causing the injury. In any action to enforce the terms of this Deed, the prevailing Party shall be entitled to recover costs of suit, including, without limitation, attorneys' fees.

IX. Discretion to Enforce.

Enforcement of the terms of this Deed shall be at the discretion of Grantor and Grantee, and any forbearance by Grantor/Grantee to exercise its rights under this Deed in the event of any breach of any term of this Deed by the other Party shall not be deemed or construed to be a waiver by Grantor/Grantee of such term or of any subsequent breach of the same or any other term of this Deed or of any of Grantor/Grantee's rights under this Deed. No delay or omission by Grantor or Grantee in the exercise of any right or remedy upon any breach by the other Party shall impair such right or remedy or be construed as a waiver.

X. Acts Beyond Grantor's Control.

Nothing contained in this Deed shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the TCR resulting from causes beyond Grantor's control, including, without limitation, third party trespassers, fire, flood, storm, earth movement, or war, or from any prudent action taken by Grantor under emergency condition to prevent, abate or mitigate significant injury to people or the Property resulting from such causes.

XI. Costs and Taxes.

Except as otherwise provided herein, Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Property. Grantor shall pay any and all taxes, assessments, fees and charges levied by competent authority on the Property or on this Cultural Resources Easement. To the extent 43 2499227.2 7203.524
applicable, it is intended that this Cultural Resources Easement constitute an enforceable restriction within the meaning of Article XIII Section 8 of the California Constitution, and that this Cultural Resources Easement qualifies as an enforceable restriction under the provisions of the California Revenue & Taxation Code section 402.1.

XII. Amendment.

A. This Deed may be amended by Grantor and Grantee by mutual written agreement.

Any such amendment shall be recorded in the official records of the County of Yolo, State of California.

B. Nothing in this Deed prohibits Grantor and Grantee from subsequently agreeing in writing to amend or modify the list of prohibited uses and activities in the Preservation Activities Agreement. Any such amendment or modification shall be executed by both parties and recorded in the Official Records of the County of Yolo, State of California. The failure of the parties to record such amendment or modification shall not impair the validity of this instrument, or the amendment of modification, or limit its enforceability in any way.

XIII. Assignment; Successors; Occupants.

A. Grantee shall not assign its rights or interests in this Cultural Resources Easement to any other person or entity. The rights and interests of Grantee in this Cultural Resources Easement shall benefit any successor federally or state recognized Indian tribe as required or provided for by federal or state law.

B. The covenants, terms, conditions, rights, obligations, and restrictions of this Cultural Resources Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property.

Grantor's obligations and interests in this Cultural Resources Easement shall apply to each successor in interest or in name, whether public or private, to the fullest extent permitted by law, and shall be interpreted in accordance with the purposes of this Cultural Resources Easement and for the benefit of Grantee.

C. This Deed binds all owners and/or occupants of the Property, and their heirs, successors, and assigns, and the agents, employees, and lessees of the owners and/or occupants, and their heirs, successors, and assigns in perpetuity and shall run with the land.

XIV. Notices.

A. All notices to Grantor shall be delivered to:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Attn: City Manager
44 2499227.2 7203.524
B. All notices to Grantee shall be delivered to:

XV. General Provisions.

A. Controlling Law; Venue. The interpretation and performance of this instrument shall be governed by the laws of the State of California. Any action arising out of this Deed shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

B. Liberal Construction. Notwithstanding any general rule of construction to the contrary, this instrument shall be liberally construed in favor of the grant to effect the purpose of this Cultural Resources Easement and the policy and purpose of protecting TCR from disturbance, damage, destruction, or other activities that disrespect the cultural and spiritual practices of Grantee. Competent oral or written testimony that activities disrespect the cultural and spiritual practices of Grantee shall be accepted as valid evidence thereof. If any provision in this instrument is found to be ambiguous, a reasonable interpretation consistent with the purpose of this Cultural Resources Easement that would render the provision valid shall be favored over an interpretation that would render it invalid.

C. Severability. If any provision of this instrument, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this instrument, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby.

D. Conflicts. If any provision of this instrument, or the application thereof to any person or circumstance, conflicts with the Preservation Activities Agreement the terms of the Preservation Activities Agreement shall control.

E. Entire Deed. This instrument sets forth the entire agreement of the parties with respect to the Cultural Resources Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Cultural Resources Easement, all of which are merged herein. However, this instrument shall not supersede, modify, invalidate, or otherwise affect the Preservation Agreement or any other agreement between Grantor and Grantee regarding the TCR, or any other written agreement that more specifically describes or implements the provisions of this instrument.

F. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect.
45 2499227.2 7203.524
G. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not part of this instrument and shall have no effect upon construction or interpretation.

H. Future Conveyance. Grantor agrees that reference to this instrument will be made in any subsequent deed or other legal instrument by means of which Grantor conveys an interest in the Property (including but not limited to a leasehold interest). The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this instrument or limit its enforceability in any way.

I. Representations and Warranties. Grantor represents and warrants that Grantor is the owner of the Property and has the exclusive right and power to enter into this agreement and grant the Cultural Resources Easement as provided herein.

Grantor further represents and warrants that Grantor has duly authorized the execution of this instrument, the acceptance of the obligations and liabilities, the grant of rights and interests herein, as provided for in [DOCUMENT]. Grantor further represents and warrants that Grantor validly obtained all authorizations and approvals required by law to effectuate this instrument and all of the provisions hereof prior to the Execution Date.

J. Grantee represents and warrants that Grantee has duly authorized the execution of this instrument, and the acceptance of the rights, interests, obligations, and liabilities herein and the waiver of immunity herein as provided for in Resolution [RESOLUTION NUMBER]. Grantee further represents and warrants that Grantee validly obtained all authorizations and approvals required by law to effectuate this instrument and all of the provisions hereof prior to the Execution Date.

K. Counterparts. This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties authorize each other to detach and combine, or cause to be detached and combined, original signature pages and to consolidate them into a single identical original for recordation of this instrument in the Official Records of Yolo County, California.
[SIGNATURES ON THE FOLLOWING PAGE]
46 2499227.2 7203.524
IN WITNESS WHEREOF, Grantors have executed this Deed of Cultural Resources Easement this ___ day of _______, 20__.

Grantor Grantee
City of West Sacramento [TRIBE]
a Municipal Corporation of the State of a [federally / State] recognized Indian tribe California
By: _____________________________ By: _____________________________ Name: ___________________________ Name: ___________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ Attest:
_________________________________
______________, City Clerk
47 2499227.2 7203.524

EXHIBIT A
Property Legal Description
48 2499227.2 7203.524

EXHIBIT B
Easement Area Description
49 2499227.2 7203.524

EXHIBIT C
Easement Area Map
50 CITY COUNCIL AGENDA REPORT
MEETING DATE: December 4, 2024 ITEM #4
SUBJECT:

CONSIDERATION OF CONTRACT AMENDMENT NO. 4 WITH GHIRARDELLI

ASSOCIATES FOR THE RIVERFRONT STREET EXTENSION
AND 5TH STREET WIDENING PROJECT (CIP 15032)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Christian Asuncion, Associate Civil Engineer
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve Amendment No. 4 of the professional services contract with Ghirardelli Associates for construction management services through the construction phase of the Riverfront Street Extension and 5th Street Widening Project (CIP 15032).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve and authorize the City Manager, or his designee, to execute Amendment No. 4 to the construction management contract with Ghirardelli Associates in the amount of $11,628.32 and extend the term of the contract until June 30, 2025 for the Riverfront Extension & 5th Street Widening project (CIP 15032);
2) Authorize the City Manager or his designee to execute amendments or change orders up to 15% of the contract amendment amount $1,744.25;
3) Authorize the City Manager to execute non-substantive changes or modifications to the contract, with approval from the City Attorney; and
4) Authorize the City Manager or his designee to execute amendments to further extend the term of the contract, if necessary.

BACKGROUND
On August 18, 2021, a professional services contract for construction management services was awarded to Ghirardelli Associates for the Riverfront St Extension and 5th Street Widening Project. Amendment No. 1 to the contract was executed on November 8, 2022 to extend the contract term. On March 1, 2023, the City Council approved Amendment No. 2, which provided additional funding and extended the contract term due to increased project scope, unforeseen delays, uncertainties associated with the underground utilities during excavation, and the need to document as-builts of the improvements. On August 15, 2024, Amendment No. 3 was executed to release previously approved contingency funds for additional project closeout activities. Construction for the project began on July 18, 2022 and reached significant completion on January 8, 2024.

ANALYSIS
As construction is now completed, the project is in the closeout phase. As part of this phase, Ghirardelli Associates will assist the City with documenting as-builts, finalizing labor compliance, and completing forms and documentation to satisfy Caltrans and grant requirements for closeout. To enable Ghirardelli Associates to complete these tasks, additional compensation in the amount of $11,628.32 is needed. The overall contract amount after Amendment No. 4 will be $1,250,827.03. Additionally, the term of the contract needs to be extended to June 30, 2025.

Table 1: Ghirardelli Associates Contract Summary
Previously Approved
Original Contract (8/18/2021) $999,744.56
Amendments 1, 2 & 3 (11/8/2022, 3/1/2023, 8/15/2024) $239,454.15 Total $1,239,198.71
Amendment 4
Additional Requested Funds (pending) $11,628.32
New Contract Total $1,250,827.03
51 Riverfront Extension and 5th Street Widening – Ghirardelli Amendment No. 4 December 4, 2024

Environmental Considerations
On November 6, 2019, the City Council adopted an Addendum to the previously certified SEIR for the Bridge District Specific Plan, determining that the SEIR fully analyzed the environmental impacts of the proposed Riverfront Extension Project and 5th Street Widening project and does not trigger a need for subsequent environmental review pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164. As since that time, none of the conditions in Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 have occurred and no additional environmental review is required under CEQA. On January 16, 2020, Caltrans concluded that the Project qualified for a Categorical Exclusion (CE) in accordance with the Code of Federal Regulations Title 23, Section 771.117. Therefore, the requirement for conformance with the National Environmental Policy Act (NEPA) and other federally environmentally related processes has been met.

Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended action as described above.
2) Delay or revise the recommended action.
3) Not approve the recommended action.

Alternative 1 is recommended to allow project closeout to move forward for the Project in compliance with grant milestone requirements.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Finance Department.

Budget/Cost Impact
There is currently sufficient funding in the Capital Improvement Program (CIP) for the recommended action of this report and no additional funding is required or requested at this time.

ATTACHMENTS
1) Construction Management Contract Amendment No. 4 with Ghirardelli Associates 2) Vicinity Map
52 Ghirardelli Associates
CPC21-197 Riverfront
Expires 6/30/2025
AMENDMENT NO. 4
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
And

GHIRARDELLI ASSOCIATES
Dated August 18, 2021
This Amendment No. 4 to the Contract for Services between the City of West Sacramento (“the City”) and Ghirardelli Associates (“the Consultant”) dated August 18, 2021, is made and entered into this 4th day of December 2024. Except as expressly amended herein, the August 18, 2021 Contract for Services is in full force and effect.

RECITALS
WHEREAS, in August 2021, the City and Consultant entered into a Contract for Services for the Consultant to provide professional services for construction management; and WHEREAS, the scope of work of the project included construction management, inspection, geotechnical testing, and resident engineering services for the Riverfront Street Extension and 5th Street Widening Project; and
WHEREAS, Amendment No. 1 extended the contract term to December 31, 2023; and WHEREAS, Amendment No. 2 included additional scope of services and additional compensation in the amount of $226,774.18; and
WHEREAS, Amendment No. 3 included additional compensation in the amount of $12,679.97 from previously approved contingency and extend the contract term to November 30, 2024; and
WHEREAS, additional compensation and term extension is needed for project closeout; and

WHEREAS, the City and Consultant desire to amend said contract.

NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:

I. TERM:

The term as set forth in the Contract for Services shall be extended to include six months and terminate on June 30, 2025.

II. COMPENSATION:

The compensation as set forth in the Professional Services Contract dated August 18, 2021, shall be increased by $11,628.32 to complete the scope of work in the proposal dated August 28, 2024, attached hereto as Exhibit A.

CITY OF WEST SACRAMENTO
By:

Amanda Berlin, Assistant City Manager

GHIRARDELLI ASSOCIATES
53 Ghirardelli Associates
CPC21-197 Riverfront
Expires 6/30/2025
By: Randall Bruner, President

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
54 Ghirardelliassoc.com 1
August 28, 2024
Mr. Ryan Teves, P.E.

Senior Civil Engineer
1110 West Capitol Ave, 1st Floor
West Sacramento, CA 95691
Reference: City of West Sacramento – Riverfront Street Extension Project, Construction Management Amendment Request No. 4
Project No,: 15032, Federal Project Number: STPCML-5447(045) Dear Mr. Teves,
Below you will find Ghirardelli Associates’ summary of hours and costs for the close-out Construction Management Services for the Riverfront Street Extension Project. As you know the project has had some delays and extensions to include additional work. The original contract was 250 WD contract with a construction start date of October 2021 and completion in October 2022. In actuality, the project was awarded for bid in February 2022, NTP issued in July 2022, and an anticipated completion in October 2023. As of the end of May 2024, the project was completed and the Ribbon Cutting officially opened the road.

We are well underway with the project close-out portion of the work. This estimate is larger than we expect to expend on the close-out. We have a new Caltrans engineer that will be involved with the close-out process, and it is unknown at this time how much time that may require.

The total amendment request is $11,628.32.

If there are any questions, please feel free to contact me at (916) 240-5108 or [email protected]
Sincerely,
Dave Nugen, P.E.

Division Director – Sacramento Region
55 Ghirardelli Associates | 2055 Gateway Pl. Ste. 470, San Jose, CA 95110 | (480) 435-5503
ghirardelliassoc.com 2
Firm Name:

Ghirardelli Associates

BILLING

INFORMATION CALCULATION INFORMATION
Name/Classification Effective Date Hourly
Rate
Hours by Phase
Hours Amount
From To Precon Construction Closeout
Dave Nugen, PE -
PM/RE
7/1/24 6/30/25 $ 211.84 16 16 $3,389.44
Jen Cutler - OE 7/1/24 6/30/25 $ 129.66 60 60 $6,223.68 Labor Compliance 7/1/24 6/30/25 $ 100.76 20 20 $2,015.20 Total $11,628.32
56 57

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 4, 2024 ITEM #5
SUBJECT:

CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT No. 1 FOR PROFESSIONAL SERVICES WITH HDR ENGINEERING, INC. FOR THE ENTERPRISE

CORRIDOR AND BRIDGE CROSSING PROJECT AND ADOPTION OF RESOLUTION 24-120 APPROVING BUDGET RELATED ADJUSTMENTS (CIP 11042) INITIATED OR REQUESTED BY: REPORT PREPARED BY:

Jason McCoy, Supervising Transportation Planner
Community Development Department
[ ] Council [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve Contract Amendment No. 1 of the professional services contract with HDR Engineering, Inc. to perform additional professional services associated with completion of the alternatives analysis, environmental documentation, engineering design, and related design support services for the Enterprise Corridor and Bridge Crossing (Project).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve Contract Amendment No. 1 of the contract for professional services with HDR Engineering, Inc. to include additional scope of work as specified in Attachment 1 for the Project (CIP 11042) in the amount of $486,025;
2) Approve Resolution 24-120 (Attachment 2) authorizing increase in project budget from $4,005,000 to $4,491,025 funded through a contribution from the Port ($163,723), transfer from existing budget appropriations from CIP 11018, 11022, and 11037 ($216,933.97), and $105,368.03. from a reappropriation of Measure G funds to this project.
3) Authorize the City Manager to enter into a Cooperative Agreement with the California Department of Transportation (Caltrans) to participate in site assessment, design review, and environmental documentation associated with the Enterprise North Park and Ride and the Enterprise Corridor and Bridge Crossing Project.

BACKGROUND
The proposed Enterprise Bridge and improvements to the Enterprise Boulevard corridor have been identified as priority projects by the City of West Sacramento to support long-term mobility, equity, air quality, safety and resiliency, environmental and economic development goals. Yolo County, as far back as 1976, identified the need for a “ship channel crossing” in the Master Plan of the County of Yolo. This was reaffirmed in the 1982 Southport Area Plan and later the City’s first General Plan in 1990, and the plan for a crossing has been a consistent part of the General Plan ever since. Development of the Southport Framework Plan in the early 1990s identified the City and Port of West Sacramento as being primary stakeholders in the Enterprise Project, which would be a critical connection needed to support economic growth and mobility for the City’s Southport development area, the Port’s Seaway property, and Southport Industrial Park. Implementation of the current General Plan is largely predicated by having the Enterprise Bridge in place by the horizon year of 2040.

As an existing primary arterial and goods movement corridor, Enterprise Blvd. connects West Capitol Avenue to Southport Parkway under Interstate 80 (“I-80”) (just west of the I-80/US 50 junction). The corridor connects with the Port by way of Industrial Blvd. and extends south to Channel Drive and both industrial and waterfront land uses. As part of the approval of the Southport Industrial Park (SIP) Development Agreement and final subdivision map in the mid-1990’s, the City secured an Irrevocable Offer of Dedication (IOD) from the then-property owner to provide space through SIP from the intersection of Ramos Drive and Promenade Street across the DeepWater Ship Channel (“DWSC”). On the north side of the DWSC the alignment would employ existing right of way to connect into Enterprise Drive, thereby connecting the Port Industrial Area with the SIP. This would serve to reduce Vehicle Miles Traveled (“VMT”) and related Greenhouse Gas (“GHG”) emission levels, while simultaneously reducing damage resulting from frequent truck trips along Harbor and Industrial Boulevards, and Southport Parkway.
58 Enterprise Corridor and Bridge Crossing Project, Contract Amendment No. 1 – HDR, Inc.

December 4, 2024

The Enterprise corridor will be redesigned to facilitate multi-modal (pedestrian, bicycle/scooter, motorcycle, auto, public transit, and truck) uses including addition of high-visibility green bike lanes, Americans with Disabilities Act (ADA) accessible sidewalks and crosswalks across the full length of the corridor from West Capitol Avenue to Southport Parkway. Recommended traffic operations improvements including signalization, signal timing, signs, and related corridor improvements will also be designed and implemented.

The proposed bridge crossing (“Enterprise Bridge”) will extend over the DWSC to clear the levees and waterways as required to allow for bicycle/pedestrian trail crossing under the bridge and maintain ADA accessible bicycle and pedestrian paths across the bridge while accommodating motor vehicles, goods movement (trucks), and transit vehicles. This Project will require early exploration of a minimum of three bridge alternatives within a single alignment, including fixed at-grade, fixed elevated, and at-grade draw bridge configurations consistent with California Department of Transportation (Caltrans) requirements. Each option in this analysis must complete a planning-level cost comparison of capital cost, operations and maintenance costs, and localized impacts including benefits/detriments of each alternative. The bridge type selected to move forward will be chosen by the City Council with input from the Project Development Team (PDT) and informed through an extensive citywide public engagement process.

Over the past several years, the City and Port of West Sacramento (Port) have collaborated to complete transportation infrastructure investments that include the Mike McGowan Bridge over the barge canal, the Village Parkway extension through Port-owned property, and the barge canal trail system. These collaborative projects, as early investments in a broader re-use area around the decommissioned Stone Lock facility, provide residents and visitors with access to and along the DWSC and Sacramento River waterfronts, as well as linkages to the City’s multimodal transportation network and regional transit service.

The Enterprise Bridge project, which includes redesigning the Enterprise corridor as a safe, connected multimodal corridor, is another City and Port collaboration identified to support existing and emerging industrial and commercial development in and around the Port, and to link the Port Industrial area with the Southport Industrial Park to promote goods movement, reduce emissions and road maintenance impacts, and to improve local connectivity to the State Highway System and local street network. The City’s General Plan 2035 Update also identified several infrastructure improvements needed to facilitate Southport residential and commercial development; requiring the Enterprise Bridge and associated corridor improvements to be constructed by 2035 as a mitigation measure to alleviate impacts associated with truck and vehicle congestion.

In 2022 and 2023, the Port and City jointly submitted federal grant applications for $5 million to the U.S.

Department of Transportation’s Rebuilding American Infrastructure with Sustainability and Equity (“RAISE”) Discretionary Grant Program to complete the PA&ED project development phase for the Enterprise Project; both applications (though rated highly) were unsuccessful in securing funding. At the 2023 City Council strategic planning session, staff recommended that the Port and City share the cost of the PA&ED phase for the Enterprise Project on a one-third (Port) – two-thirds (City) basis. On October 25, 2023, City Transportation Division staff issued a Request for Proposals for the Enterprise Project.

Consultant procurement to prepare project assessment, data collection, community engagement, civil engineering, environmental documentation and approvals, and related project development tasks was handled in accordance with federal procurement standards and the City’s procurement procedures for professional services. The selected firm (HDR, Inc.) was engaged in negotiation to settle upon agreed scope of work, cost, schedule, and to review requested contract modifications with the City Attorney’s Office. This Contract including the Scope of Work, Schedule of Performance, and Schedule of Fees was accepted by City staff to meet the objectives of the Project and approved by the City Council on March 20,2024.

ANALYSIS
In May 2024, following execution of the contract, the City and HDR team have worked together to compile data associated with the Enterprise corridor, establish a community outreach and public engagement work plan, worked with the U.S. Coast Guard (USCG) and received concurrence that this federal agency will act as the lead agency under the National Environmental Policy Act (NEPA), and have initiated preparation of studies related to the future Enterprise Bridge. During this time, it became clear through discussion between the City and Port that the existing contract will need to be amended to advance the project. The City and Port staff discussed our emerging needs with HDR’s consultant team which resulted in three recommended Addendums that are presented in this agenda report to the City Council as a single contract amendment:
59 Enterprise Corridor and Bridge Crossing Project, Contract Amendment No. 1 – HDR, Inc.

December 4, 2024

HDR Addendum #1 – Authorization for Project NEPA Documentation When the initial Enterprise Project contract was approved by the City Council, the Scope of Work included environmental documentation consistent with the California Environmental Quality Act (CEQA) but did not include NEPA or federal documentation. At that time, Caltrans had declined to act as the NEPA Lead Agency because the Project was currently funded using local, not Federal funds. As a result of the USCG accepting the role as NEPA Lead Agency for the Project, the City can now advance the federal environmental documentation simultaneously with CEQA, the State documentation process.

Producing CEQA and NEPA on concurrent environmental paths has the benefit of saving both time and money by eliminating a second procurement process, eliminating the need for duplicating research and environmental data collection, and reducing the amount of time city staff, City Council members, Commission members, and the public would need to spend reviewing and commenting on a second environmental process. Secondarily, by completing federal NEPA documentation now, the City will become eligible for federal grant funding to advance final engineering, right-of-way, and construction. As such, City staff recommends amending the existing contract to include the NEPA scope of work and associated budget.

The proposed scope of work and cost proposal associated with NEPA Documentation has been included within Attachment 3.

HDR Addendum #2 – Authorization for Tidal Sensor
The Port has requested HDR to assist with site selection and installation for an electronic tidal sensor, as required by the National Oceanic and Atmospheric Administration (NOAA). The information gathered by the sensor will be critical to inform the Port tenants of the near-term Sacramento Deep Water Ship Channel (DWSC) navigation clearances, as well as the navigation clearance requirements and final design efforts for the Enterprise Bridge.

The proposed scope of work and cost proposal associated with incorporating a Tidal Sensor and associated engineering design has been included within Attachment 4.

HDR Addendum #3 - Enterprise North Mobility Hub
On September 25, 2024, Caltrans reached out to the City and Yolo County Transportation District (YoloTD) to discuss the existing Enterprise North Park and Ride. Park and ride and corridor improvements were identified during the Yolo 80 Corridor Improvements Project which was developed by Caltrans and partners to improve and modernize regional and interregional travel on Interstate 80 (I-80) and US Route 50 (US 50) between Kidwell Road west of the City of Davis through Yolo County to the I-80/US 50 separation.

During project development and preparation of the Environmental Impact Report/Environmental Assessment (EIR/EA) process completed in April 2024 in compliance with the NEPA and CEQA, Caltrans prepared a Pedestrian/Bicycle Travel Impact Assessment which identified needed transportation and mobility improvements including pedestrian ramps reconstructed to be compliant with the Americans with Disabilities Act (ADA), pedestrian crosswalks and signs, rapid flashing beacon installation, restriping of the roadway with Class II bike lanes, and development of a new park and ride at the intersection of Lake Road and Enterprise Boulevard.

The concept for the park and ride at Lake Road provided by Caltrans were not in compliance with City standards for parking lot development and were not consistent with recommendations published in the West Sacramento Mobility Action Plan for developing a mobility hub. The City provided several comments and even produced a sketch concept showing how their proposed plan could be developed consistent with the City’s development standards including provision of electric vehicle and electric bus charging, bicycle lockers, and canopy trees to provide shade and reduce urban heat levels resulting from unshaded pavement. Although the City worked cooperatively and in good faith with Caltrans staff to devise a plan that was consistent with both our respective agency goals, the plan that Caltrans ultimately included in the Yolo 80 EIR/EA reflected none of the recommendations from City staff. In addition, pedestrian and bicycle safety recommendations from the Caltrans Pedestrian/Bicycle Travel Impact Assessment were excluded from the project as well.

When the EIR/EA was released for public comment, City staff included the same comments provided to Caltrans staff during project development and noted that the park and ride must be developed in compliance with our standards. Staff also requested the safety improvements recommended from their own study also be added back into the project as mitigation.

As a result of Caltrans’ decision not to include City staff’s comments or plan edits into the project, the Transportation and Mobility Division staff of the Community Development Department requested Capital Improvement Program (CIP 11037 – Lake Road Mobility Hub) which was approved by the City Council in the 60 Enterprise Corridor and Bridge Crossing Project, Contract Amendment No. 1 – HDR, Inc.

December 4, 2024

amount of $100,000 to allow City staff to develop and obtain approvals for a planned mobility hub at the proposed Caltrans site. However, on May 29, 2024, the Sierra Club and the Environmental Council of Sacramento (ECOS) filed a lawsuit against Caltrans for conducting an “inadequate environmental analysis” and to force the project to implement “appropriate mitigation.” Approximately four months after this lawsuit was filed, the City and YoloTD was contacted by Caltrans and informed that they were now looking at converting the Enterprise North Park and Ride to a mobility hub as part of the 2023 State Highway System Management Plan.

Following our initial meeting with Caltrans, it became clear that the City’s and YoloTD’s definition of “mobility hub” varied greatly from that of Caltrans staff, prompting both YoloTD and City staff to again strongly urge Caltrans to improve their concept and conform with City policies and design standards. Caltrans agreed to review our “alternative plan” developed cooperatively between YoloTD and the City over the course of the following week which significantly improved the design efficiency, amenities, and public safety enhancements over the existing park and ride plan.

To ensure that City and YoloTD priorities are considered, staff’s recommendations in this agenda report include transferring the Lake Road Mobility Hub CIP 11037 and remaining Mobility Action Plan CIP 11022 funds into the Enterprise Corridor and Bridge Crossing project. By doing this, the City can control the design development and incorporate into the planning effort three remnant parcels owned by the City into the project and provide an opportunity to further explore and maximize the use of these properties directly adjacent to Caltrans’ facilities.

The proposed scope of work and cost proposal associated with developing 30% engineering design plans and environmental documentation across both Caltrans and City property in conjunction with the Enterprise Project has been included within Attachment 5.

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

Subsequent environmental analysis and documentation for the Enterprise Corridor and Bridge Crossing, including the items discussed in this agenda report will be prepared in compliance with both CEQA and NEPA and reviewed by the City of West Sacramento as the CEQA Lead Agency and Responsible Agency under NEPA.

Commission Recommendations
Staff previously presented an update to the Transportation, Mobility, & Infrastructure Commission on the Enterprise Corridor and Bridge Crossing project, including the proposed upgrades to the Enterprise North Park and Ride to a mobility hub. Staff received positive input supportive of the Project. This item does not require further policy guidance from the Commission.

Strategic Plan Integration
The Project is consistent with the City of West Sacramento's Vision: “A Vibrant City where you can Live, Work, Learn and Play” and the Enterprise Corridor and Bridge Crossing has been identified in the City’s Strategic Plan.

The project also has bicycle and pedestrian elements consistent with the City’s mission to maintain Quality City Infrastructure and Facilities.

Alternatives
Staff recommends that the City Council:
1) Approve the recommended actions as stated above.
2) The City Council may choose to make adjustments to Contract Amendment No. 1. 3) The City Council could choose to decline the recommended actions.

Alternatives 2 and 3 are not recommended as the NEPA documentation, Tidal Sensor, and Enterprise North Mobility Hub are integral to the success of the Enterprise Corridor and Bridge Crossing, Port operations, and City mobility goals. Any changes or modifications to the proposed Amendment No. 1 could negatively impact the overall project.
61 Enterprise Corridor and Bridge Crossing Project, Contract Amendment No. 1 – HDR, Inc.

December 4, 2024

Coordination and Review
This report was prepared by the Community Development Department Transportation and Mobility Division with coordination and review from the Port of West Sacramento and Department of Finance in coordination with the Economic Development and Housing Department.

Budget/Cost Impact
This project is included in the City’s Capital Improvement Program (CIP 11042) as approved by Council.

The breakdown of project costs, including the consultant contract proposed Amendment No. 1 and internal labor costs estimated for the project, are as follows:

PROJECT COSTS
Negotiated Professional Services Contact with HDR, Inc. $3,494,402 Amendment No. 1 $486,025
a) HDR Addendum #1 – Authorization for Project NEPA
b) HDR Addendum #2 – Authorization for Tidal Sensor
c) HDR Addendum #3 – Enterprise North Mobility Hub
Estimated Staff and Resources Cost (7%) $244,608
Reduced Contract Negotiated Contingency $265,990
Total Project Cost (PA&ED Phase) $4,490,391
The Sacramento-Yolo Port District Commission has approved a contribution of $1,350,000 for the initial contract for the Enterprise Bridge Project, and will consider another $163,722.60 for HDR Addendum #2 (Port Tidal Sensor) at its December 4, 2024 meeting. Economic Development and Housing (EDH) staff identified $1,335,000 in Measure G funding for the original contract that was transferred with approval of the City Council to the project.

An additional $1,320,000 needed for the initial HDR contract was requested and approved by the City Council through the mid-term budget for FY 2024/25.

For HDR Addendums #1 & #3, City staff requests transfer of $96,437.26 from CIP 11037 from Lake Road Mobility Hub and $7,294.95 remaining balance from CIP 11022 the approved Mobility Action Plan to Enterprise CIP 11042. In addition, EDH identified $114,370.50 in CIP 11018 Enterprise Crossing Study sourced from Measure G that could be transferred to CIP 11042 with Council approval. Staff requests the remaining $105,368.03 be funded utilizing an existing appropriation in the Measure G fund that was identified as no longer needed.

ATTACHMENT
Attachment 1 – Contract Amendment No. 1 for professional services with HDR Engineering, Inc.

Attachment 2 – Resolution 24-120 – Recommended Budget Related Adjustments Attachment 3 – HDR Addendum #1 – Authorization for Project NEPA Attachment 4 – HDR Addendum #2 – Authorization for Tidal Sensor Attachment 5 – HDR Addendum #3 - Enterprise North Mobility Hub 62 Attachment 1
AMENDMENT NO. 1
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
And
HDR ENGINEERING, INC.

Dated March 20, 2024
This Amendment No. 1 to the Contract for Services between the City of West Sacramento (“City”) and HDR Engineering, Inc. (“Consultant”) dated March 20, 2024, is made and entered into this December 4, 2024. Except as expressly amended herein, the March 20, 2024 Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City Council approved a contract on March 20, 2024 with Consultant to complete Bridge Alternatives Analysis, Engineering Studies and Preliminary Engineering Drawings, Environmental Studies and Documentation, Permitting, Community Engagement, Outreach and Public Communications, Funding Application Support, and Project Management as required for completion of the Project Approval and Environmental Document (“PA&ED”) phase of the Enterprise Corridor and Bridge Crossing (“Project”); and WHEREAS, City staff has identified additional environmental, engineering design and related services needed in compliance with State and federal requirements for the Project; and WHEREAS, the City and Consultant desire to amend said contract.

NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:

Part I: Amendments
A. Amendments to Main Contract Provisions

1. Section 3.A is revised as follows: “The Consultant shall be paid monthly for all time and materials required and expended, but in no event shall total compensation exceed $3,980,426.61, without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibits "C".”
B. Amendments to Contract Exhibits
Consultant Proposal/Scope of Work:

The Contract for Services dated March 20, 2024, shall be revised to include the following Scope of Work:

1. Exhibit A
Contract Addendum #1 – Authorization for Project NEPA Documentation This addendum adds federal environmental studies and documents to the scope of work and assumes the U.S. Coast Guard is the federal lead agency.

Addendum Tasks
Task 1 – Project Management: This task would include HDR management and oversight of NEPA documentation related activities undertaken by ICF. Specifically, this task would include HDR’s coordination of additional external stakeholder meetings with USCG and 63 Attachment 1
internal coordination meetings with the City and ICF. A total of twenty (20) such meetings are budgeted.

Unless otherwise specified, these additional meetings will be conducted in teleconference/online virtual format only. A nominal amount of additional effort is also budgeted for additional Community Outreach effort/coordination that may be needed from HDR staff specifically to support the NEPA process.

Task 2 – ICF Scope for NEPA Environmental Services: This task represents ICF scope for completion of NEPA documentation for the Project under their current subcontract with HDR.

5. CEQA and NEPA Analysis and Documentation

5.5. Technical Studies
Biological Studies
Biological Assessment for Endangered Species Act Consultation Once the preferred alternative is selected by the PDT, or ICF is given written direction by the City to assume a specific alternative to analyze, ICF will prepare a single Biological Assessment (BA) to support U.S. Coast Guard consultation under Section 7 of the Endangered Species Act with both NMFS and USFWS.

NMFS: ICF will prepare the BA to address the potential effects on listed fish and their critical habitat managed by NMFS and develop fish protection measures for federally listed and other anadromous fish species known to occur in the Sacramento River. The assessment will focus on Sacramento River winter run Chinook salmon, Central Valley spring-run Chinook salmon, California Central Valley steelhead, and Southern DPS of North American green sturgeon, and their designated critical habitat (where applicable).

An essential fish habitat (EFH) assessment pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, will be incorporated into the BA.

USFWS: ICF will prepare the BA to address potential effects on up to seven species managed by USFWS. Federally listed and proposed species managed by USFWS that may be affected by the proposed project include vernal pool fairy shrimp, vernal pool tadpole shrimp, valley elderberry longhorn beetle, delta smelt, longfin smelt, northwestern pond turtle, and giant garter snake. The BA will also address potential effects on designated critical habitat for delta smelt.

ICF will work closely with the City and project engineers to develop conservation measures that will avoid or minimize direct and indirect effects on the species, their habitat, and designated critical habitat. Once the City and U.S. Coast Guard have approved the BA, it will be submitted by the U.S. Coast Guard to initiate formal consultation.

ICF will assist U.S. Coast Guard with formal consultation and will be available to attend one (1) meeting each with NMFS and USFWS. No revisions to the BA will be necessary after U.S. Coast Guard submits the report to initiate consultation.

Cultural Studies
Section 106 Technical Reports
APE Map. ICF will define the limit of study for cultural resources by preparing a cultural Area of Potential Effect (APE) map based on the engineer-provided limits of temporary and permanent ground disturbance for each build alternative, other project activities, and the proximity of potentially sensitive resources to the project footprint. The map will be 64 Attachment 1
included in the studies prepared for cultural resource and will be in pdf format, up to eight (8) - 11x17 sheets, and include an index sheet with a signature block. The study area will define the limits of the record search, archaeological survey, and CEQA and NEPA analysis.

Federal Agency Consultations. ICF will prepare tribal consultation request letters for U.S. Coast Guard review and use. To initiate Section 106 Tribal consultations with the tribes on the NAHC list, ICF will prepare letters on behalf of the U.S. Coast Guard that will be mailed by the U.S. Coast Guard. ICF will participate in up to three (3) meetings with tribal representatives specific to consultation under Section 106 (in addition to AB 52 efforts). ICF will conduct follow-up emails and phone calls to tribal representatives to help facilitate Section 106 consultation, as appropriate.

If separate interested-party letters are necessary, ICF will prepare letters to interestedpartes on behalf of the U.S. Coast Guard for review and mailing. ICF will identify up to 10 potential consulting parties, including historical societies or other potentially interested groups. ICF will create a tracking table to record outreach and will conduct follow-up emails and phone calls to help facilitate Section 106 consultation, as appropriate.

Archaeological Survey Report (replaces archaeological component of Cultural Resources Survey and Inventory Report). ICF will document the assumed “negative” results of the field survey in an Archaeological Survey Report. No supplemental documentation or subsurface investigations will be conducted and ICF will determine the project has no adverse effects on archaeological resources.

Historical Resources Evaluation Report (replaces built environment component of Cultural Resources Survey and Inventory Report). ICF historians will conduct a field view of the project APE.

Based on a preliminary review of the project area, it appears that two properties will require evaluation for listing in the National Register of Historic Places and the California Register of Historical Resources, the Sacramento River DWSC and one industrial property. In a Historical Resources Evaluation Report, ICF will summarize previous findings of significance and establish historic boundaries, contributing elements, and characterdefining features. ICF will perform additional research and mapping up to the hours provided.

Finding of Effect. ICF will prepare a Finding of Effect report to document no adverse effects on up to two (2) built environment historic properties identified. Archaeological sites will not need to be addressed in the FOE.

U.S. Coast Guard will submit cultural reports to SHPO for concurrence.

Task 5.5. Deliverables:
• Up to two (2) versions of the APE map (draft and final). PDF format. • Archaeological Survey Report: Administrative Draft (joint City/Engineering Team Review), Tribal Review Draft (review by one tribe (assumed to be Yocha Dehe Wintun nation), one round of review), U.S. Coast Guard Draft, Revised Draft, Final (only cover/signature page adjustments) for approval. PDF format. • Biological Assessment and other Cultural Reports: Administrative Draft (joint City/Engineering Team Review), U.S. Coast Guard Draft, Revised Draft, Final (only cover/signature page adjustments) for approval. PDF format.

Task 5.5. Assumptions & Exclusions
65 Attachment 1
• Technical guidance available and provided at the start of the environmental work will remain current through study approval.
• All needed project details for up to three build alternatives will be provided prior to the start of work on technical studies.
• USFWS and/or NMFS will not require revisions to the BA or supplemental technical information to initiate and complete their consultations. • SHPO will concur with evaluations and findings in Section 106 documents. • ADA compliance is needed for documents posted to U.S. Coast Guard websites. • The City will lead and keep a log of all tribal consultations under AB 52.

This scope of services excludes the following:
• Changes to maps, quantifications, modeling, and other aspects of the environmental analysis due to change(s) to the design of the project/alternatives or project impact limits once an original set of project data is provided for use. • Circumstances beyond consultant team’s control, such as adverse weather conditions (e.g., high wind, rain), that preclude completing field investigations in the hours estimated. • A phased approach to Section 106 compliance.
• Printed copies of technical studies.
• Postage/delivery charges.
• Consultation for state-listed species.

5.7. Draft and Final EA
Federal Agency Meetings
ICF’s project manager and deputy project manager will participate in up to fourteen (14) 1-hour virtual environmentally focused meetings with the U.S. Coast Guard. Meetings will start after a “project” is developed (after preliminary bridge alternatives are developed and screened).

ICF’s project manager and deputy project manager will participate in up to six (6) 1-hour virtual meetings with the U.S. Coast Guard and other resource agencies as part of federal agency coordination for NEPA.

Environmental Assessment
Draft EA. ICF will prepare a draft Environmental Assessment (EA) to comply with NEPA with the U.S. Coast Guard acting as Federal lead agency. ICF will follow U.S. Coast Guard Environmental Planning Implementing Procedures (dated February 21, 2020). The EA will include an executive summary, introduction, description of the proposed action, sections addressing affected environment, environmental consequences, and cumulative effects, and supporting appendices.

ICF will begin writing the draft EA after the outcome of the cultural and biological studies are known and will not change, and after preparation of the City’s EIR has begun. ICF will use the project description prepared for the technical studies and CEQA document and utilize analyses prepared for CEQA along with federal-agency specific analyses for noise and air quality. The paleontological analysis prepared by Bargas Environmental Consulting, LLC. (Bargas), for CEQA will be adapted for use in the Draft EA. ICF will coordinate with U.S. Coast Guard on the approach to potential upstream greenhouse gas effects and the social cost of carbon per Council on Environmental Quality 2023 guidance for consideration of greenhouse gas emissions and climate change. This scope assumes an approximate one-day effort will be needed to address greenhouse gas emissions.

Technical appendices will be used to provide modeling results, tables, exhibits and other technical data that supports the discussion of impacts in the body of the EA. Appendices 66 Attachment 1
are anticipated for air quality, noise, biology, cultural resources, design drawings, visual simulations, photographs, and a list of preparers.

ICF will prepare a mitigation matrix to include in the EA that lists each identified mitigation measure, the anticipated benefit or effectiveness, how the measure will be implemented and monitored, who is responsible, and the estimated completion date relative to project construction.

One draft EA will be provided to the City and Port for joint review and comment. After one round of revisions are made to address City and Port comments, the revised draft EA will be provided to the U.S. Coast Guard for one round of review and comment. A final draft that addresses USCG comments will be submitted as a pre-public draft for approval to publish for public review.

Prior to the start of the public availability period for the Draft EA, ICF will prepare one draft and one final Notice of Availability of Draft EA (NOA) for U.S. Coast Guard to upload to their website. ICF will support the outreach/public communications team with the tracking of contact information for those individuals, organizations or agencies who specifically request to receive project notifications.

The U.S. Coast Guard will post and/or mail all environmental notices.

Final EA. After the 30-day public review period, ICF will work with the U.S. Coast Guard, City and engineering team to provide draft and final responses to comments related to the environmental analysis.

ICF assumes that up to 8 comments in the comment letters received will require an environmental specialist response. ICF will revise the Public Draft EA to include a summary of the outcome of public outreach and comments, updated Tribal and historic resource consultation documentation, if needed, the latest Endangered Species Act consultation documentation (e.g., agency issued biological opinions), and additional appendices with comment letters and U.S. Coast Guard response letters, to create a Final EA.

U.S. Coast Guard will prepare and mail letters with responses to public comments, as necessary. ICF will draft a Finding of No Significant Impact for U.S. Coast Guard to finalize and post.

5.7. Deliverables:
• Notice of Availability, draft and final for joint City and U.S. Coast Guard review. MS Word format.
• Administrative Draft EA for joint City and Port review. PDF format. No printed copies. • Draft EA for U.S. Coast Guard Review; Pre-public Draft (for approval to circulate). PDF format. No printed copies.
• Public Comments and Responses: draft responses to public comments; revised responses; final responses for inclusion in EA.
• Final EA for joint City and Port review; Final EA for U.S. Coast Guard review; Preapproval Draft; and Final for distribution. PDF format. No printed copies. • FONSI, draft. MS Word

5.7. Assumptions & Exclusions
• USCG will prepare and distribute public notices related to NEPA and will post and distribute the EA.
67 Attachment 1
• Air quality conformity determination will not be needed. Project will meet de minimis thresholds under the General Conformity rule.
• ADA compliance is needed for documents posted to U.S. Coast Guard websites. • Other team members will provide the required mailing list of business and residential contacts.

This scope of services excludes the following:
• Changes to the Draft EA or Final EA after document preparation starts, including type of document, maps, quantifications, modeling, and other aspects of the impact analysis, due to revisions to the project, project impact limits, project circumstances, or changes in regulations.
• Revisions to project alternatives in response to public comments on environmental documents.
• Revisions to setting, impact analyses, or impact conclusions, and maps or exhibits, in response to public comments on environmental documents. • Printed (paper) copies.
• Postage/delivery charges.
• Preparation of permit applications for geotechnical drilling or project construction. • Consultation for state-listed species.

2. Exhibit B
Contract Addendum #2 – Authorization for Project NEPA Documentation This addendum adds scope of work required to perform site election and installation for an electronic tidal sensor, as required by the National Oceanic and Atmospheric Administration (NOAA).

Addendum Tasks
Task 1 – Project Management: This task would include HDR management and oversight of tidal sensor procurement and installation activities.

Deliverables:
• Vendor subcontracting and task setup
• Addendum 2 efforts will be invoiced as a new task within the Enterprise Bridge PA&ED project
Task 2 – Sensor location identification and installation: JOA scope of work is included herein. HDR’s role will be to assist JOA and the Port with preferred site selection.

Assumptions:
• Notice to proceed December 2024, and installation completed May/June 2025. • HDR scope assumes the sensor will be able to be installed on existing Port property.

Therefore, no right of way transactions are assumed as part of this scope • JOA estimate included is for the 4’X6’ tide house option.

Exclusions:
• Right of Way acquisitions and/or support
• Environmental assessments or documentation
• Rights of entry
• Power supply design (to be handled by vendor/contractor) • Utility coordination
• Any other items not specifically listed
68 Attachment 1
Deliverables:
• Participate in up to two (2) virtual meetings with the vendor, Port, Port tenants, or others • One (1) site visit by up to two (2) HDR staff and travel expenses JOA Scope of Work:

Reconnaissance
Reconnaissance will be performed by an experienced Party Chief from JOA along with a subcontractor located near Sacramento, CA. JOA has allocated two full days on site.

Having two days on site allows the field crew to meet with local representatives to inquire about weather and seasonal variations that may induce low water events at the location which may cause a sensor to go dry. During the reconnaissance the field crew will investigate if nearby benchmarks are available and suitable for use in the level run, and if not, the crew will identify locations to set benchmarks during the installation.

Cost Estimates
Two cost estimates are provided, the only difference between the estimates is the type of enclosure used to house the electronics. For both estimates, the assumption is solar only.

No AC connection costs are included in the estimates. The cost estimate, “JOA 202429 - Port of West Sacramento PORTS Price - with 4x6 tide house” features a 4 x 6 fiberglass enclosure which is frequently found at NWLONS and PORTS stations around the country.

In 2023, NOAA built a PORTS station at Pearl Harbor, HI. This resource estimate is nearly identical to what was installed at Pearl Harbor, the only difference being the boxes that house the electronics may be different. The advantage of a tide house is being able to work on the gauges out of the weather. The tide house has a lot of extra space for any potential upgrades to the station. This cost estimate is for the same make and model of the tide house used at Pearl Harbor. The following photograph shows the tide house, GOES satellite antenna, two microwave water level sensors on stands and four bollards.

All of these items are included in the cost.

The cost estimate, “JOA 202429 - Port of West Sacramento PORTS Price - with enclosure and stand” features potentially a 30 in x 48 in x 18 in enclosure mounted on a stand. The exact size to be determined. This type of installation is becoming more popular at WLONS and PORTS in the southern states where the temperature isn’t as much of an issue. The advantages of the smaller enclosure are cost, and the smaller footprint.

Equipment
After returning from the recon trip, the equipment will be ordered. The gauges, sensor and satellite radio are all specialty equipment, often requiring several months to procure. Once the equipment is on hand, it will be assembled and fully tested at the JOA shop in Anchorage, AK. Upon verification that everything is working properly, the gear will be shipped to our subcontractor. Equipment to be installed (all times two with the exception of the cell modem):
• Sutron NOS G3 Hydrographics Gauge
• Sutron Xlite + Satlink 3 GOES satellite radio
• FTS GOES antenna
• NOAA Nile FMR51 Design Analysis radar
• Raven RV50 cell modem with antenna.

Installation
The installation trip will consist of installing the water level sensor and equipment; establishing at least five tidal benchmarks; performing a level tie between the sensor and 69 Attachment 1
the tidal benchmarks; performing a level tie to benchmarks in the NGS IDB and OPUS databases, if applicable; and conducting a GNSS survey of two tidal benchmarks which will meet the minimum standards for GPS as noted in the User’s Guide for GPS Observations.

The GNSS survey will consist of a session lasting at least six hours on two tidal benchmarks during the installation.

JOA will perform 2nd Order Class I geodetic levels during installation of the station. Having performed more than 500 kilometers of 2nd Order Class I levels in the Gulf of Mexico, Caribbean, Great Lakes and Alaska JOA has the experience to ensure the highest quality geodec leveling data.

3. Exhibit C
Contract Addendum #3 – Enterprise North Mobility Hub
This amendment incorporates the conceptual site plan for the proposed ‘Enterprise North Mobility Hub’ (located at the northeast quadrant of the Interstate-80/Enterprise Boulevard interchange, see Attachment A) into the City’s Enterprise corridor and bridge project’s PA&ED project description, study limits and environmental analysis. The proposed delivery plan for the Mobility Hub is for the City to fund project initiation and environmentally clear the mobility hub as part of Enterprise corridor project, with Caltrans funding expected to deliver the subsequent project phases. The proposed Enterprise North Mobility Hub location is within the previously assumed Enterprise project study limits. However, the addition of the proposed features at the northeast quadrant of the interchange will require additional coordination with Caltrans not previously anticipated, and the results of the Enterprise project’s engineering and environmental studies may require additional analysis and agency coordination as project development progresses.

Addendum Tasks
Task 1 – Project Management: This task involves HDR management and oversight of the tasks associated with integration of the Enterprise North Mobility Hub component to various components of project description and the overall project development process going forward in the Enterprise Bridge Project PA&ED phase. This task includes up to three (3) virtual meetings with Caltrans over the course of the PA&ED. Up to one (1) site reconnaissance visit to the Mobility Hub site is included as part of this task.

Deliverables:
• Set-up and accounting administration of “Mobility Hub” task within Enterprise Bridge PA&ED project set-ups.
• Caltrans coordination, up to three (3) virtual meetings. • One (1) site reconnaissance visit.

Task 2 – Mobility Hub Site Plan - 30% Design: The proposed conceptual site plan as provided by the City (current as of October 2024) will be used/referenced to incorporate the mobility hub component in current/ongoing work in the Enterprise PA&ED process’ alternatives analysis and initial design (10% design) phase. This task will involve further development of Enterprise North Mobility Hub site plan details and incorporation into project layout drawings and concept plans prepared as a part of the preliminary engineering (30% design) tasks associated with the Enterprise PA&ED. 70 Attachment 1
The 30% design tasks for the Mobility Hub component will specifically include:

Identification and location of existing facilities: Concrete facilities (curbs, curb ramps, sidewalks, etc.), existing drainage facilities, bike locker locations, number of parking spaces, bus stop location(s), existing utilities, right-of-way lines, and existing and potential future light pole locations, within the proposed mobility hub site.

Preliminary Design of Pavement improvements: The sheets will include a title page, typical sections, roadway/parking site plan layout, roadway profile, existing utilities, and proposed pavement delineation and signs. A truck turn/emergency vehicle access exhibit will also be included. Up to two (2) Caltrans and City reviews are included through 30% design.

Assumptions:
• Significant changes/revisions/expansions to the current Mobility Hub conceptual site plan will require additional effort.
• The 30% plans for the Mobility Hub will not include plans for design of concrete or drainage facilities, landscape/irrigation design and lighting. Mobility Hub site plan related design exceptions, utility coordination, grading of pavement or sidewalks, construction details, streetlight calculations and analysis, rights of entry (Caltrans to provide), power supply design (to be handled by vendor/contractor) and any items not explicitly identified herein are excluded from this scope. Such services are only intended to be addressed as part of final design in a subsequent phase and will be subject to additional work services. • Other assumptions include - New lighting may connect into existing service points, existing driveway locations to remain, no right-of-way acquisitions in this phase, and cost estimates to be developed in 2024 dollars and will not include escalation.

Deliverables:
• 30% plans for Enterprise North Mobility Hub (draft and final, 7 sheets, 11x17 size) Task 3 – Technical Studies Update: The proposed conceptual site plan (shown in Attachment A) provided by the City and available information at this time from Caltrans prepared factsheet will be used/referenced to develop description for the Enterprise North Mobility hub component that will be integrated into the Enterprise Bridge project for environmental (CEQA/NEPA) approvals as part of the PA&ED. Since the proposed Enterprise North Mobility Hub site falls on a previously disturbed site where there is an existing park-and ride lot, and that this component generally falls within the anticipated project study limits for the Enterprise project, no additional technical studies from an environmental standpoint are anticipated or scoped herein.

The project description, and purpose and need components of the Enterprise project will be appropriately updated to incorporate Enterprise North Mobility Hub component as part of the overall Project that is carried for approvals through the PA&ED process. The project description update and project roadway/multimodal design components will include how the Enterprise North mobility hub will connect with the bike/pedestrian features proposed with the Enterprise project. Qualitative review of the Mobility Hub component from a traffic operations standpoint and a qualitative discussion of Vehicle Miles Traveled (VMT) reducing impact of incremental amenities proposed by the mobility hub relative to the existing park-and-ride lot will be included in the project traffic study.

Assumptions:
• At any stage in the current Enterprise PA&ED project, Caltrans or other agency/stakeholder comments or requests calling for formal Caltrans specific process documents (such as Project Initiation Documentation, Encroachment Permits, Design 71 Attachment 1
Engineering Evaluation Report or Caltrans format Project Report) will be addressed only upon client authorization of appropriate extra-work addendum. • Technical evaluation of Caltrans impacted facilities outside of the Enterprise project corridor study limits, either related to the mobility hub or other improvements envisioned by the Enterprise project will be subject to client authorization of appropriate extra work. • Proposed mobility hub impacts to trees and/or adjacent parcels may require additional environmental reviews that may be subject to client authorization of appropriate extra work.

Deliverables:
• Incorporation of Enterprise North Mobility Hub in Project Description, Purpose and Need, and Project Traffic Study.

I. Schedule of Fees:

EXHIBIT C of the Contract for Services dated March 20, 2024, shall be revised to include Addendum #1, Addendum #2, and Addendum #3 Fee Budgets as shown in attached Exhibits 1, 2, and 3 to this Amendment No. 1.

The additional scope of work included herein will increase the contract cost by $486,024.61, and therefore the total compensation shall be amended $3,494,402 to $3,980,426.61.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager
HDR Engineering, Inc.

By:

Holly Kennedy, Sr. Vice President
Northern California Area Operations Manager

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By:

Jennifer Cusmir, City Clerk
72 Attachment 1

EXHIBIT A
Contract Addendum #1 HDR Fee Budget
73 Attachment 1

EXHIBIT B
Contract Addendum #2 HDR Fee Budget
74 Attachment 1

EXHIBIT C
Contract Addendum #3 HDR Fee Budget
75 1
Attachment 2
RESOLUTION 24-120

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

AMENDING THE CAPITAL IMPROVEMENT PROGRAM FOR THE ENTERPRISE CORRIDOR AND BRIDGE CROSSING PROJECT (CIP 11042) FOR FY 2024/25 WHEREAS, in 1997 an irrevocable offer of dedication of real property for the extension of Enterprise Boulevard between Channel Drive and Southport Parkway was secured by the City of West Sacramento for the purpose of connecting the Port Industrial Area with Southport Industrial Park in accordance with California Government Code Section 7050, Chapter 12.7 (dedication of Real Property for Public Purposes); and
WHEREAS, in March 2015, a traffic analysis of 2035 conditions prepared for the General Plan Update demonstrated that the Enterprise Blvd. bridge connection over the Deep Water Ship Channel (DWSC) would mitigate significant traffic congestion and associated public safety, and active transportation impacts for occurring at Lake Washington Boulevard and Southport Parkway, Harbor Boulevard and Industrial Boulevard, Jefferson Boulevard and Lake Washinton Boulevard, Jefferson Boulevard and Higgins Road, Jefferson Boulevard and Marshall Road, I-80 Westbound Ramp and Reed Avenue, Jefferson Boulevard and Linden Road (North), and Ikea Court & Reed Avenue. Road and intersection widening costs were projected to exceed $57,775,000 (Jan 2024) to mitigate future traffic impacts without the Enterprise Bridge; and WHEREAS, in 2016, the West Sacramento Transportation Impact Analysis prepared for the 2035 General Plan included the future Enterprise Boulevard bridge crossing over the DWSC, which was also incorporated into the West Sacramento Bicycle, Pedestrian, and Trails Master Plan update completed in 2018; and
WHEREAS, in 2022, the West Sacramento City Council included “Enterprise Crossing Project Development” in the City’s 2023 and 2024 Strategic Priorities; and WHEREAS, in April 2022 and February 2023, the City and Port of West Sacramento with support from the Sacramento Area Council of Governments (SACOG) and the Yolo County Transportation District, requested Project funding through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program and SACOG Regional Program to fund initial project development for the Enterprise Boulevard Corridor and Bridge Crossing Project; and
WHEREAS, after receiving notice that grant funding applications had not been awarded through RAISE nor SACOG’s Regional Program, City staff were directed to advance procurement for the Enterprise Corridor and Bridge Crossing Project in accordance with the 2023 Strategic Priorities approved by the West Sacramento City Council; and WHEREAS, City staff conducted a federally compliant solicitation in October 2023 and selected HDR Engineering, Inc., with a total project cost, including City staff time, estimated at $4,005,000 to complete California Environmental Quality Act (CEQA) documentation, preliminary engineering design, and related studies; and
WHEREAS, the United States Coast Guard (USCG) in consultation with the City, Port, and HDR, subsequently accepted the role of Lead Agency for the Project under the National Environmental Policy Act (NEPA), allowing concurrent State and federal environmental analysis and completion of both state and federal environmental approvals; and WHEREAS, in addition to the NEPA scope of work, the City and Port identified the need for additional scope and funding to install and electronic tidal sensor as required by the National Oceanic and Atmospheric Administration and to coordinate with the California Department of Transportation on development of the Enterprise North Mobility Hub; and WHEREAS, the Port has appropriated $163,723 and City staff have identified CIP funds in the amount of $216,933.97 to transfer into the Enterprise Corridor and Bridge Crossing Project, combined with a transfer of $105,368.03 of existing appropriations in the Measure G Fund; and 76 2
Resolution 24-120 – Enterprise Corridor and Bridge Project (CIP 11042)

WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

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

1. The City Council hereby approves amendments to the budget for the 2024-25 fiscal year as follows:

SOURCES
$ 96,437.26 400-9900-4990/400-11042-4990 Tsfr in from 11037 $ 6,126.21 400-9900-4990/400-11042-4990 Tsfr in from 11022 $114,370.50
$105,368.03
400-9900-4990/400-11042-4990
400-9900-4990/400-11042-4990
Tsfr in from 11018
Tsfr in from 106
$163,723.00 400-9900-4825/400-11042-4825 Contribution from Port $ 96,437.26 400-9900-5530/400-11037-5800 CIP-11037 Lake Road Mobility HUB $ 6,126.21 400-9900-5530/400-11022-5800 CIP-11022 Mobility Action Plan $114,370.50 400-9900-5530/400-11018-5800 CIP-11018 Enterprise Crossing Study $105,368.03 106-9910-5310 Measure G Contributions to others $486,025.00 TOTAL SOURCES
USES
$486,025.00 400-9900-5530/400-11042-5800 Project Budget – Port Contribution $ 96,437.26
$ 6,126.21
$114,370.50
$105,368.03
400-9900-5950/400-11037-5950
400-9900-5950/400-11022-5950
400-9900-5950/400-11018-5950
106-9910-5950
Tsfr out from 11037
Tsfr out from 11022
Tsfr out from 11018
Tsfr out from Fund 106
$486,025.00 TOTAL USES

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

3. This Resolution shall take effect immediately upon adoption.

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

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
77 78
79 80

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 4, 2024 ITEM #6
SUBJECT:

CONSIDERATION OF CONTRACT WITH LISA REINERTSON FOR THE WASHINGTON DISTRICT NEIGHBORHOOD PARK PUBLIC ART ELEMENT (CIP 62142)

RESOLUTION AND ORDINANCE TITLES

MUST BE CONSISTENT THROUGOUT THE REPORT

RESOLUTION AND ORDINANCE TITLES

MUST BE CONSISTENT THROUGOUT THE REPORT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Laurie Ledesma, Program Manager
Economic Development and Housing Department
ATTACHMENT [X ] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide the City Council with information necessary to consider approval of a contract with Lisa Reinertson to fabricate a public art piece for the new Washington District Neighborhood Park.

RECOMMENDED ACTION
Staff respectfully recommends that the Council:
1) Award a professional services contract with Lisa Reinertson in the amount not to exceed $60,000 for the fabrication and delivery of a customized terracotta pipe art piece for the new Washington District neighborhood park (CIP 62142);
2) Authorize the City Manager, or his designee, to execute a contract with Lisa Reinertson in the amount of $60,000;
3) Authorize the City Manager or his designee to execute amendments or change orders up to 15% ($9,000) of the total contract value;
4) Authorize the City Manager or his designee to execute non-substantive changes and modifications, with approval from the City Attorney; and
5) Authorize the City Manager or his designee to execute amendments to extend the term of the contract.

BACKGROUND
On January 17, 2024, the City and Blackpine Development entered into a Development Agreement for the Four40 West Project, which includes design and construction of a new neighborhood park located at the corner of 6th and E streets in the Washington District (Attachment 1). Once complete, the park will be dedicated to the City, including a public art feature that was contemplated by multiple community engagement and planning efforts in the Washington District, including:
 Washington Realized – This U.S. Department of Housing and Urban Development-funded Sustainable Community Strategy, approved by the City Council in 2015, provides recommendations for updating the 1996 Washington District Specific Plan. Among other things, the Parks Strategy included in Washington Realized “addresses the important role of art in regeneration of the District art improvements are incorporated as essential features for walkability, identity (placemaking) and security and are integral to the circulation improvements within the Transit Oriented Development Strategy.”  Washington District Public Art Implementation Plan (WDPAIP) – The WDPAIP was also a grant-funded effort through the National Endowment of the Arts and provides guidance on the requirements, guidelines, goals and policies for the important role of art in the Washington District. The WDPAIP identified public art for Heritage Green Park as a wayfinding beacon that communicates a connection to the rich agricultural heritage of the area.
 Washington District Specific Plan Update – The Washington District Specific Plan Update is near complete and incorporates recommendations from the Washington Realized and WDPAIP documents as it relates to public art. Information on the current update effort may be found at: www.planwashington.city.

The WDPAIP identifies three types of public art procurement processes, all of which should be used to procure public art in the Washington District. The three types include:

1. Direct Selection – This involves identifying existing public art for purchase, delivery and installation. This option is the most expedient for procuring public art, provides more budget certainty and has been used 81 Consideration of Public Art Contract with Lisa Reinertson December 6, 2024

for other local public art installations, including the “Baseball Players” piece by Lisa Reinertson located on West Capitol Avenue.

2. Open Calls for Qualifications – This process requests qualifications from artists and upon selection of an artist, development of a custom proposal for the site. This process typically involves a stipend payment to a shortlist of artists to develop concepts. Upon selection of an artist, a contract, fabrication and funding must be completed. This process can take two+ years to complete and may be more expensive that the direct selection method.

3. Calls for Proposals - This is an open process, requesting proposals from artists at large and typically requires significant upfront staffing and administrative expenses. The WDAIP suggests this approach be used on a limited basis (for larger-scale and more expensive projects) since proposals require a significant time investment for the artist, and experienced, well-qualified artists typically avoid these projects, expecting to be compensated for their design time. Scores of artists may respond, devoting collectively hundreds of hours of unpaid design time, with only one artist receiving the commission.

Based on the scale of the project, available funding and schedule constraints due to the Development Agreement requirements between the City and Blackpine, the Direct Selection procurement process was recommended for this public art project. On April 1, 2024, the City entered into a contract with Shelly L. Willis, LLC for professional art consulting services to assist with researching available public art options and the selection process, as well as oversight of permitting, fabrication and installation of the Washington District neighborhood park art project.

Shelly Willis has been working as a public art curator, project manager and planner for over 30 years and has worked on numerous public art installations in West Sacramento.

ANALYSIS
On August 26, 2024, City staff and Shelly Willis presented information to the ACHP Commission on the project, including a recommendation to consider the Direct Selection method for procuring public art, as well as a list of qualified art professionals and their available artwork that would meet the project criteria based on budget, theming, schedule and size. The ACHP Commission supported staff’s recommendation to use the Direct Selection process to procure an art piece for this site. However, rather than purchase “off-the-shelf” artwork, the ACHP Commission recommended working with artist Lisa Reinertson to develop a custom terra cotta pipe art piece for the project site, which was included as an option to the Commission.

In September 2024, City staff, art consultant Shelly Willis and artist Lisa Reinertson toured the Washington District Neighborhood Park site and reviewed the Commission's feedback for the new art piece, which included having more personalized public art that not only reflects the Washington District neighborhood and its agricultural history, but that can also be sized to better fit the space available, the park construction timeline and budget. The artist was provided with a small stipend to develop a concept design for Commission consideration.

On October 28, 2024, the ACHP Commission received a follow-up presentation from staff and the artist on the proposed concept design for the new public art piece. The artist’s proposal includes a customized art piece that is sized and located to serve as a wayfinding beacon and that communicates a connection to the rich agricultural heritage of the area. Additionally, the artist shared her past works and presented a three-dimensional model, along with multiple sketches, of her design proposal (Attachment 2). As the first neighborhood park to be constructed in the Washington District, the Commission felt it was important to have the art piece represent the history of the neighborhood. The artist’s proposal includes scenes of farming and family that represent actual crops still locally harvested in the area, communicate the hardships and joy associated with farming practices and highlights local farm animals. The ACHP Commission recommended that Council approve the contract with Lisa Reinertson for public art fabrication, delivery and installation at the new Washington District Neighborhood Park (Attachment 3).

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

The EIR was prepared specifically to allow maximum streamlined review of subsequent projects that are found to be consistent with General Plan 2035 in terms of land use, density, etc. On January 17, 2024, as part of the Blackpine Development Agreement, staff prepared a technical memorandum to fully analyze any potential impacts associated with the Four 40 West project, including the new neighborhood park and public art element, that would be beyond what was contained in the EIR. Based on the analysis presented in the technical memorandum, the proposed project was found to be within the scope of the EIR prepared for the General Plan 2035, and no new or substantially more adverse impacts would occur through implementation of the proposed project. As a result, no new environmental document was required, consistent with State CEQA Guidelines Section 15162 and 15168(c)(2) and a Notice of Determination was filed with the County. 82 Consideration of Public Art Contract with Lisa Reinertson December 6, 2024

Commission Recommendation
The ACHP Commission reviewed public art options for the new park site on multiple occasions. In late October, the Commission unanimously recommended for Council’s consideration, the selection of artist Lisa Reinertson, as well as a contract to fabricate, deliver, and assist with installing a new public art piece for the Washington District Neighborhood Park.

Strategic Plan Integration
Providing public art in Washington District supports efforts to contribute to the City’s Vision 2022 Principal E:

Creating Vibrant Neighborhoods by creating walkable and secure neighborhoods with adequate circulation and civic improvements. It also supports the Council’s 2018 High Priority Policy Agenda item: Washington District 3rd & C Gateway; as well as the Top Priority Management Agenda item: Washington Specific Plan.

Alternatives
In addition to the recommended action, the Council’s primary alternatives are summarized below:

1. Reject the recommended actions;

2. Defer actions until a later date; or

3. Direct staff to alter the project.

These alternatives are not recommended as they would result in project delays and/or limit the ability to add a key public art element to the Washington District as identified in multiple adopted plans and implementation documents.

Coordination and Review
This report was coordinated with the Parks and Recreation Department, Capitol Projects Department and the City Manager’s Office.

Budget/Cost Impact
There are no budget impacts resulting from the recommended actions. The cost for public art design, fabrication, and installation for the Washington District Neighborhood Park is included as part of the budget for CIP 62142.

ATTACHMENTS

1. Site Map

2. Artist Proposal

3. Contract to Purchase Artwork
83 84

WASHINGTON

DISTRICT

NEIGHOBORHOOD
PARK

PUBLIC ART PROPOSAL

LISA REINERTSON - ARTIST
Attachment 2
85 Background: Working at Mission Clay Industries
86 Inspiration: Animals
• Dairy cattle were historic to
West Sacramento
• ”Breaking Point” - a sculpture
inspired by a painting by Rosa
Bonhuer
87 Inspiration: Produce
Bartlett Pears were historic
to Rose Orchard in West
Sacramento
88 • Inspiration: Produce
• Tomatoes – Historically grown
in region
• Image from West Sac farm
currently growing tomatoes
89 Concept Proposal
• Ceramic pipe sculpture
• Agriculture theme
• ~ 44” wide x 96” tall
• Pipe is carved and sculpted in
low-relief with underglaze
colors
90 91
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ATTACHMENT 3

CONTRACT TO PURCHASE ARTWORK
THIS CONTRACT is made on December 4, 2024, by and between the City of West Sacramento (“City”) and Lisa Reinertson (“Artist”).

WITNESSETH
WHEREAS, the City desires the selection, purchase and placement of artwork ("Work") to be installed at Washington District Neighborhood Park in West Sacramento, California ("Site");
WHEREAS, on October 16, 2019, the City Council approved the Washington District Public Art Implementation Plan (“Art Plan”) informing the vision for the Washington District (“District”) by outlining the implementation detail for proposed artwork throughout the District;
WHEREAS, on October 28, 2024, the City received a proposal (“Proposal”) for the Washington District Neighborhood Park Public Art element consistent with the Councilapproved Art Plan from Artist for the Work, attached hereto and incorporated herein by this reference as Exhibit A;
WHEREAS, on October 28, 2024, the City of West Sacramento Arts, Culture, and Historic Preservation Commission (ACHP Commission) voted to recommend the City Council approve a contract for the Work proposed by Artist for acquisition and installation of the Work for the Washington District Neighborhood Park project; NOW THEREFORE, the parties mutually agree as follows:

1. Scope of Work/Schedule of Performance. Subject to the terms and conditions set forth in this Contract and referenced in Exhibit B; Time is of the essence in this Contract. Artist shall dedicate such time and effort as is necessary to fulfill Artist's obligations to completely finish and install the Work to the satisfaction of City within the timelines set forth in the Schedule of Performance, attached hereto and incorporated herein by this reference as Exhibit B, except as the Work may be delayed by circumstances described in Section 19, below. City shall make its staff and contractors reasonably available to Artist for consultation and assistance in order to achieve the purposes of this Contract

2. Payment. City shall pay Artist up to Sixty thousand dollars ($60,000.00).

Payments to Artist shall be made within 30 days after receipt of Artist’s invoices.

Artist shall be responsible for the cost of supplying all documentation necessary to verify the billings to the satisfaction of City. Artist agrees that City has no obligations regarding commissions or any Contracts with galleries or agents with 93 Lisa Reinertson
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2 whom Artist may have contracted. City shall not be responsible for paying sales tax. The budget breakdown is referenced in Exhibit C.

3. Artist shall also provide City with a complete schedule for the maintenance of the Work in the form reflected in Exhibit D hereto.

4. Artist Warranties.

A. Restoration of Work Site. Artist agrees and warrants that, within 30 days after the Work is accepted by the City, Artist shall restore the Work site (including the entire area affected by the fabrication and installation of the Work) to a state and condition that is substantially similar to that which existed when the Work was begun. Artist further agrees and warrants that, within the period specified herein, Artist shall repair or replace, as is determined necessary by City, and to the reasonable satisfaction of City, all property (real, personal or otherwise), which has been damaged, injured or otherwise adversely affected by the acts or omissions of Artist, Artist’s agents, contractors, or employees. Artist shall be solely responsible for all expenses and costs which may be necessary to comply with the requirements of this paragraph, and City shall have no responsibility or liability therefore.

B. Originality of Work. Artist warrants that the Work is original and is solely the product of Artist’s own creative efforts and does not infringe the rights of any person or entity. Artist also warrants that, unless otherwise provided in an amendment to this Contract, the Work is original, that it is an edition of one (1), and that Artist shall not sell, license, perform or reproduce a substantially similar copy of the Work without the prior written consent of City. However, nothing contained herein shall prevent the Artist from creating future works in the Artist's style and manner of working.

C. Work Free from Defects. Artist shall warrant and maintain the Work free from all faults or defects related to material or workmanship for a period of one year after the Work is accepted by City.

D. Compliance with all Laws. Artist agrees to fabricate and install the Work in conformance with all applicable laws.

5. Transfer of Title to Work. Title to the Work shall remain in Artist until City has accepted the Work as completed and it is installed to the satisfaction of City.

When City has so certified, title shall transfer to City. Artist shall bear all risk of loss of the Work until title has been transferred to City, and City agrees to inspect Work and accept Work within thirty (30) days of Artist’s notification of completion, unless the provisions of 7.A. or 7.B apply.
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3 6. Performance Made Impossible. In the event it shall become impossible for Artist to complete the Work because of illness, death or injury, this Contract may be terminated at the sole discretion of City, and, in such event, all completed work, materials, and supplies related to the Work shall be delivered to City and shall, along with the Proposal, become City's sole property. City shall thereafter have no obligation to make any additional or further payments to Artist, and Artist shall have no further or additional claims against City with respect to the Work or such portion thereof as may be completed, or the Proposal, or with respect to any matter whatsoever pertaining to, affected by or embodied in this Contract. In the event of such termination, City may take such action as may appear to it appropriate under the circumstances, including, without limitation of the generality of the foregoing, commissioning another artist to complete the Work. In the event that City completes the Work or arranges to have it completed, Artist’s name shall be publicly displayed at, on, or near the Work, unless Artist and City mutually agree otherwise.

7. Acceptance of Work. City agrees to accept the completed Work unless:

A. The Work was not completed in substantial conformance with the Proposal or the specifications, or
B. The Work as completed or any portion thereof does not conform to a reasonable standard of artistic or technical quality. City shall provide its reasons for this finding to Artist in writing no later than ten (10) days after Artist has tendered the Work to the City for City’s acceptance. Where the Artist disputes this finding, the dispute may, if the Parties so agree, be submitted to Arts Arbitration and Mediation Services (“A.A.M.S.”) of California Lawyers for the Arts, Sacramento for resolution and any decision by A.A.M.S. shall be binding upon City and Artist and neither shall have any further recourse or cause of action regarding the matters so resolved.

C. Upon the City’s refusal to accept the Work for the reasons stated in subparagraphs 7.A or 7.B, City shall have the right to: 1) request that Artist correct the deficiencies in the Work within a reasonable time, or 2) terminate this Contract and recover all sums previously paid to Artist. Both remedies shall be independent and cumulative and in addition to any other remedy available to the City at law or equity. Enforcement of one such remedy shall not be exclusive nor shall it be deemed an election of such remedy to the exclusion of any other or further remedy. However, nothing contained herein shall limit City’s available remedies at law and equity.

D. No payments to Artist shall be deemed as a waiver of City’s right to refuse to accept the Work.
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4 8. City Maintenance of Work. City agrees to reasonably ensure that the Work is properly maintained and protected. City agrees that it will not intentionally destroy, damage, alter, modify or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, the Work will no longer be represented as the work of the Artist without his or her written permission. City shall in such case consult with Artist and the parties shall in good faith attempt to agree on a permanent solution in order to preserve the artistic value of the Work. Such solution may involve Artist making author's modifications to the Work or other repairs for a reasonable fee, but nothing herein obligates the City to agree to such modifications or other work or to compensate Artist. This does not preclude the City's right to move or remove the Work from display or deaccession the Work. In the event it becomes necessary to change the placement of the Work, City shall confer with Artist concerning placement.

9. Repair of Work. In the event repair of the Work is required, City may give Artist the opportunity to perform the repairs for a reasonable fee. In the case of disagreement between City and Artist as to what constitutes a reasonable fee, the fee determined by an independent conservator selected by City shall be considered a reasonable fee. In the event Artist refuses to make the repairs for such fee, City may arrange for repairs by another qualified person. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by City without advance notice to Artist, and such repairs shall not constitute an artistic alteration. City shall thereafter notify Artist as soon as is practicable. Artist has agreed to provide the City with supplies and instructions needed for minor repairs and replacement of reflective material at the time of installation.

10. Work Authorship. Artist shall retain the copyright to the Work and the right to claim authorship of the Work. City shall ensure that Artist’s name is publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or altered, City shall no longer represent the Work to be the Work of Artist if Artist gives written notice to City that Artist denies authorship of the Work on the grounds stated in this paragraph. In the event City disputes the right of Artist to deny authorship, the matter may be submitted to A.A.M.S for mediation or arbitration. If the parties select arbitration, the determination by A.A.M.S shall be binding upon City and Artist and neither shall have any further recourse or cause of action regarding the matters so determined.

11. Artist Payment of Contractors and Employees. In the event Artist hires or contracts with employees, subcontractors, or material suppliers, Artist shall pay these employees, subcontractors, or material suppliers out of the payments made to Artist by City for completion of the phase of work for which the employees, subcontractors, or material suppliers provided labor or materials and provide proof 96 Lisa Reinertson
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5 of payment to the City and lien releases, as City deems appropriate, prior to completion of the next phase of work. In the case of nonpayment of wages or other amounts due the employees, subcontractors, or material suppliers herein, City may withhold from Artist out of payments due a sum sufficient to pay such persons the amounts owed by Artist absent evidence satisfactory to the City of a legal basis for such nonpayment. All subcontractors engaged by Artist in the territory of California shall be properly licensed pursuant to the Contractors State License Law (Business and Professions Code sections 7000 et seq.). Before performing any work, each subcontractor shall provide to the City and Artist evidence that the subcontractor has workers’ compensation insurance coverage if this insurance is required by state law.

12. Indemnity. Artist shall defend, hold harmless and indemnify City, its officers and employees, and each and every one of them, from and against any and all claims, actions, damages, costs, liabilities, demands, losses, judgments, penalties and expenses of every type and description including, but not limited to, any fees and/or costs reasonably incurred by City’s attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Claims”), including but not limited to Claims arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, that arise out of, pertain to or relate to any negligent act or omission, recklessness or willful misconduct of Artist, its subcontractors or agents, and their respective officers and employees, in connection with performance of or failure to perform this Contract, whether or not such Claims are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from the sole negligence or willful misconduct of City, its subcontractors or agents, and their respective officers and employees. The existence or acceptance by City of any of the insurance policies or coverages described in this Contract shall not affect or limit any of City’s rights under this Section 12, nor shall the limits of such insurance limit the liability of Artist hereunder. The provisions of this Section 12 shall survive any expiration or termination of this Contract.

13. Insurance. During the entire term of this Contract (i.e. until acceptance of the Work by the City), Artist shall maintain the insurance coverage described in this Section

13. Full compensation for all premiums that the Artist is required to pay for the insurance coverage described herein is included in the compensation paid to Artist under this Contract. No additional compensation will be provided for Artist’s insurance premiums.

It is understood and agreed by the Artist that its liability to the City shall not in any 97 Lisa Reinertson
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6 way be limited to or affected by the amount of insurance coverage required or carried by the Artist in connection with this Contract.

A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance, providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. (2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Artist.

No automobile liability insurance shall be required if Artist completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this Contract.” ________ (Artist initials)
(3) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Worker’s Compensation policy shall include a waiver of subrogation for contracts involving construction or maintenance, or if required by the City by selecting the option below:
____ Workers’ Compensation waiver of subrogation in favor of the City is required for all work performed by the Artist.
____ No Workers’ Compensation insurance shall be required if Artist completes the following certification:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________ (Artist initials)
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7 (4) Professional Liability Insurance providing coverage on a claims made basis for errors, omissions or malpractice with limits of not less than one million ($1,000,000) dollars if required by the City by selecting the option below:
_____ Professional liability insurance is required and must be continued for at least 4 years following the completion of all Services and Additional Services under this Contract.

B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of activities performed by or on behalf of Artist, products and completed operations of Artist, and premises owned, leased or used by Artist. The general liability additional insured endorsement must be signed by an authorized representative of the insurance carrier. If the policy includes a blanket additional insured endorsement or contractual additional insured coverage, the above signature requirement may be fulfilled by submitting that document with a signed declaration page referencing the blanket endorsement or policy form.
(2) Automobile Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Except for professional liability, Artist’s insurance coverage shall be primary insurance as respects City, its officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officials, employees or volunteers shall be in excess of Artist’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers. (3) Coverage shall state that Artist’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
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8 (4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.
(5) ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. By electronically signing this document in electronic form, Parties agree that this Agreement may be transmitted and signed electronically by all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California law and regulations, including but not limited to Civil Code Section 1633.7
D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:V. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 13 must be declared to and approved by the City’s Risk Management Division in writing prior to execution of this Contract.

E. Verification of Coverage
(1) Artist shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements shall be forwarded to the City of West Sacramento, City Clerk. Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) The City may withdraw its offer of contract or terminate this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contractor when demanded by City.

The City may withhold payments to Artist and/or terminate the Contract if the insurance is canceled or Artist otherwise ceases to be insured as required herein.

F. Subcontractors
Artist shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subparagraph A, above.

14. Copyright. Artist expressly reserves every right available to Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproduction of the Work except as those rights are limited by this Contract. Artist agrees to give a credit substantially in the following form: "Original 100
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9 owned by the City of West Sacramento" in any public showing of reproductions of the Work. Artist authorizes City and its assigns to make photographs, drawings, and other two-dimensional reproductions of the Work without prior consent of Artist if used solely for non-commercial purposes, advertising, descriptive brochures, and similar purposes. All reproductions by City shall contain a copyright notice substantially in the following form: "©, Artist’s name, date", in such a manner and location as shall comply with the U.S. Copyright laws.

15. Waiver of VARA and CAPA Rights. With the exception of Artist’s rights as to third parties, Artist waives any and all rights Artist may have with respect to the Work under the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art.

16. Location of Work. The final location of the Work shall be determined by the City’s architect or engineer following consultation with Artist.

17. Dispute Resolution. If any dispute is submitted to a third party for resolution, all fees, expenses, and costs connected therewith shall be borne jointly and equally by City and Artist. The previous sentence notwithstanding, each party shall bear their own attorneys’ fees and costs. Each and every obligation under this Contract to submit any matter to a third party for resolution is conditioned upon the foregoing two sentences of this paragraph. If any matter is to be submitted to A.A.M.S, and if at the time such submission is called for, A.A.M.S is not in existence or is not able or willing to provide such resolution service, then the matter shall be submitted for resolution to the American Arbitration Association in accordance with their procedures then in use.

18. Artist Change of Address. Artist shall notify City in writing of any change of address. Failure to do so shall constitute a waiver of Artist’s rights under this Contract during the time of the omission. Any waiver of a right pursuant to this Contract for failure to maintain Artist's current address may be cured prospectively only by notifying CITY of Artist’s current address. All rights of Artist pursuant to this Contract shall be personal to Artist and shall terminate upon either the legal disability or incompetence of Artist or upon the death of Artist, except as provided Artist under copyright laws.

19. Excuse from Performance. In the event Artist’s performance of any of his obligations or undertakings under this Contract is delayed, interrupted, or prevented by an act of God, unforeseen conditions, unusually severe weather, or occurrences that are beyond the control of either party to this Contract, Artist shall be excused from any further performance for whatever period of time after the 101
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10 occurrence necessary to remedy the effects of that occurrence. Artist shall notify City in writing within ten (10) days after any occurrence described in this section that may delay Artist performance. City shall amend the Schedule when, in its determination, Artist’s performance has been excused, and the delay or interruption has resulted in a material change in the time for performance.

20. Public Lecture. As part of his Contract, Artist will give one public art lecture regarding the Work after the installation of the Work is completed. Arrangements are to be approved in advance by the City of West Sacramento. In case Artist would not be at such time of the public lecture present in California, City shall cover Artist's reasonable travel and accommodation costs.

21. Conceptual Drawing. As part of this Contract, Artist will provide the City of West Sacramento one (1) original conceptual drawing of the proposed artwork.

22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.

23. Entire Contract. This document, including all exhibits, contains the entire Contract between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Artist, and by City.

24. Severability. If any portion of this Contractor the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

25. No Waiver. Neither City acceptance of, or payment for, any work performed by Artist, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

26. Choice of Law & Venue. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Contract shall lie exclusively in the state trial court or Federal District Court located in, or with jurisdiction over, Yolo County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

27. Assignment Prohibited. The expertise and experience of Artist are material considerations for this Contract. Artist shall not assign any right or obligation 102
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11 pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

28. Binding Effect. This Contract shall be binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 27, above.

29. Term & Suspension & Termination.

A. This Contract shall become effective on the date that it is approved by both parties, set forth on the first page of the Contract, and shall continue in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.

B. City shall have the right at any time to temporarily suspend Artist’s performance hereunder, in whole or in part, by giving a written notice of suspension to Artist. If City gives such notice of suspension, Artist shall immediately suspend its activities under this Contract, as specified in such notice.

C. City shall have the right to terminate this Contract at any time by giving a written notice of termination to Artist. If City gives such notice of termination, Artist shall immediately cease rendering services pursuant to this Contract.

If City terminates this Contract:
(1) Artist shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this Contract.
(2) City shall pay Artist the reasonable value of services rendered by Artist prior to termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Artist had the Contract not been terminated. In this regard, Artist shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Artist. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity. 103
Lisa Reinertson
EDH24-319 - Washington District Neighborhood Park Art
Expires 12/1/2025
12 CITY OF WEST SACRAMENTO
A Municipal Corporation
By: ________________________________
Aaron Laurel, City Manager

APPROVED TO AS FORM:
______________________________________
City Attorney
ATTEST:
______________________________________
City Clerk
ARTIST:
___________________________________
Lisa Reinertson
_______________________________
Federal I.D. or Passport No.
___________________________________
Date of Birth
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation (may require 2 signatures)
_____ Limited Liability Company
_____ Other (please specify: ________)
Attachments
Exhibit A: Artist Proposal
Exhibit B: Scope of Work/Schedule for Performance
Exhibit C: Budget
Exhibit D: Maintenance Report
104
Lisa Reinertson
EDH24-319 - Washington District Neighborhood Park Art
Expires 12/1/2025
13 EXHIBIT A
Artist Proposal

ARTWORK DESCRIPTION
The artwork (Work) is a bas relief on an approximately 4” thick, 36” to 44” in diameter and 96” high clay pipe. The clay pipe will be manufactured at Mission Clay industries in Phoenix, Arizona. The artwork will depict an agricultural scene similar to the maquette prepared for the ACHP Commission. The colors will be similar to the design proposal. It is understood that the final sculpture will be based on the maquette and the artist may make creative decisions and changes in the process of working on the artwork.

Work will be installed on the southwest corner of 6th and E streets, the primary entrance for the new Washington District Neighborhood Park located in West Sacramento, California.

FABRICATION METHOD
Work will be created at Mission Clay Industries in Phoenix, Arizona. The base of the sculpture is approximately 44” wide x 96” tall clay pipe extruded, dried and fired at Mission Clay using their standard methods and process. After the clay sets, Artist will return to Mission Clay and rework any surface issues and apply slip and underglazes.

The pipes will then be slowly dried and then fired over several months, as per the Mission Clay schedule. The Work will be shipped to Artist’s studio in Benicia, California, where it will be completed with the final surface work, including epoxy and enamel painting. Upon completion, the Work will be available for final shipping to the Washington District Neighborhood Park site and installation, which will be completed by others.
105
Lisa Reinertson
EDH24-319 - Washington District Neighborhood Park Art
Expires 12/1/2025
14 EXHIBIT B
Scope of Work/Schedule of Performance
Artist shall fabricate a customized terracotta pipe art piece as proposed in conceptual pictures in Exhibit A.

Artist shall be responsible for all labor, supplies, services, insurance, materials and equipment required to design and furnish, fabricate, and deliver to Artist’s studio in Benicia, as well as work with the City’s Art Consultant to assist in the installation of the Work to the satisfaction of City and in substantial conformance with Artist's Proposal.

The exact location of the Work shall be determined by the City in collaboration with the Artist.

Artist shall provide to the City twenty (20) high resolution (300 dpi minimum) digital images documenting the processes of Work fabrication and installation.

Artist shall adhere to the estimated schedule and keep the City informed of any delays and issues.

Artist shall adhere to the budget and schedule of payments and submit invoice in a timely manner with the information required to distinguish which phase was completed and the amount that is requested per this budget and schedule.

ESTIMATED SCHEDULE
Scope of Work Date/Estimation Phase #
City Council approval of contract/Contract Executed December 4, 2024 1 First site visit: Sculpt surface of extruded clay pipe January 2024 2 weeks
2 Pipe surface drying Jan/March 2025
2 months
2 Second site visit: Apply slip and underglazes March 2025 1 week
2 Clay drying period March-Sept. 2025
6 months
2 Fire pipe September 2025
4 weeks
2 Shipping to artist’s studio October 2025
1 week
3 Final surface treatment October 2025
2 weeks
3 City approval and City receive Exhibit D November 2025 4 106
Lisa Reinertson
EDH24-319 - Washington District Neighborhood Park Art
Expires 12/1/2025
15 EXHIBIT C
Budget
The City will pay Sixty Thousand Dollars ($60,000) for the fabrication of the Work as described in the Phases below. The Budget includes costs to fabricate and ship artwork to Benicia, California.

The City will pay artists in Phases as follows:

A. Ten thousand dollars ($10,000) upon submission of certificates of insurance acceptable to City, execution of contract and final design which should be in like of approved concept design in Exhibit A and as approved by the Arts Commission, and shall be considered Phase 1.

B. Twenty-Five Thousand dollars ($25,000) upon completion of Phase 2, as described in the estimated schedule and should be the end of fabrication and getting prepared for shipping to Benicia and the start of Phase 3.

C. Ten Thousand dollars ($10,000) upon completion of Phase 3, which would be the transportation and final surface treatment in Benicia. Artist shall work with art consultant on the transportation and installation specifications to the City’s park site.

D. Five Thousand dollars ($5,000) upon completion of Phase 4. This is the final phase which the artist will need to receive acceptance of the art piece by the City; complete and submit to City Staff the Maintenance Report (Exhibit D); and submit 20 high resolution (300 dpi minimum) digital images documenting the processed of work fabrication and installation and completed work.

E. Up to Ten Thousand dollars ($10,000) for Artist travel expenses. The artist must adhere to the City’s travel reimbursements guidelines. The artist will be paid for travel expenses upon receipt of invoice which shall include receipts.

Provided, however, that no payment shall be made if Artist is in default of this Contract or if any milestone or Phase is not completed to the satisfaction of City. City shall be the sole determiner of when a milestone or Phase has been completed to its satisfaction.

107
Lisa Reinertson
EDH24-319 - Washington District Neighborhood Park Art
Expires 12/1/2025
16 EXHIBIT D
Maintenance Report (Sample)
Artist:

Address:

Home Phone: Work Phone:

Studio Phone: Email Address:

1. Title of the Artwork:

2. Medium or material:

3. Edition information, if applicable:

4. Date and place executed:

5. Collaborating artist(s), if applicable.

6. Maker(s) other than Artist (fabricators, technicians), if applicable. Include names, addresses, phone numbers and element worked on.

7. Location of signature and copyright mark, if it occurs.

8. Exhibitions pertaining only to the above-named work, if any.

9. Published reviews or articles concerning the above-named work.

10. Dimensions (please measure in both inches and centimeters; record height first, then width, then depth if needed or diameter; if a work is irregular or circular in shape, state as such in parenthesis; if work involves multiple pieces, measure the significant parts as well as the whole; measure the work separately from the frame or pedestal; include the dimensions of the frame or pedestal.)
108
Lisa Reinertson
EDH24-319 - Washington District Neighborhood Park Art
Expires 12/1/2025
17 11. Materials used in the execution of the Artwork (be technical and specific).

12. Technique or construction methods used in the execution of the Artwork (attach fabrication drawings, if necessary).

13. Material finish on the Artwork (glaze, paint color and type, sanding, grit, tool pattern, patina, surface sealer, etc.

14. Foundation/installation structure (include armature bolt/pin size, grout, etc.).

15. Handling instructions.

16. Artist’s statement about the Artwork (concept, message, relationship to site, etc.).

17. Describe recommended general routine maintenance and care for the Artwork (cleaning agent(s), procedure(s) timetable, etc.).

18. Special handling and/or storage instructions.

19. Special cautions or concerns regarding the Artwork. 109
Lisa Reinertson
EDH24-319 - Washington District Neighborhood Park Art
Expires 12/1/2025
18 20. Packing, shipping or storage instructions (should the need arise). 110

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 4, 2024 ITEM #7
SUBJECT:

CONSIDERATION OF ACCEPTANCE OF THE COMMUNITY FACILITIES DISTRICTS

ANNUAL REPORT ON SPECIAL TAXES AND BOND PROCEEDS FOR FISCAL YEAR 2023/2024
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Marc Rotteveel, Senior Finance Analyst
Finance Department
[ ] Council [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [X] Information [ ] Direction [ ] Action

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

RECOMMENDED ACTION
Staff respectfully recommends the City Council receive the Community Facilities District annual report on Special Taxes and Bond Proceeds for the 2023/2024 fiscal year and provide staff any comments.

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

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

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

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

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

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

The annual report is attached and was posted on the City’s website at the following link:
https://www.cityofwestsacramento.org/government/departments/finance-department/financial-documents.

Environmental Considerations
111
CFD Annual Report
December 4, 2024

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

Alternatives
The City Council may choose to:

1. Accept and file the CFD Annual Report for FY 2023/24; or

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

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

ATTACHMENT

1. CFD Annual Report
112
Attachment 1
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COMMUNITY FACILITIES DISTRICTS

ANNUAL REPORT
FISCAL YEAR ENDING JUNE 30, 2024
113
Attachment 1
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Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited and require an annual report containing specified information concerning the use of the proceeds.

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

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

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

1. The amount of fund collected and expended.

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

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

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

CFD 8 Southport Industrial Park
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1,2][3]
Fiscal Agent
Reserve
6/30/2024[2][3] Project Status
12/6/2022 $ 18,485,000.00 $ 18,138,357.35 $ (932.17) $ 347,574.82 Ongoing 2/5/2014 $ 34,800,000.00 $ 34,800,000.00 $ 4,468,901.99 $ 1,937,837.62 Complete 3/21/2001 $ 15,500,000.00 $ 15,500,000.00 $ - $ - Complete 1/20/1999 $ 32,000,000.00 $ 32,000,000.00 $ - $ - Complete [1] Fund 713 debt service CFD 8.
[2] Fund 723 debt service CFDs 8 & 9.
[3] Fund 748 debt service refunding CFD 8 & 9.

Note: Bond series 1998 (issued in 1999) & 2001 refundings were combined for CFDs 8 & 9. 114
Attachment 1
2 | P a g e
CFD 9 Staple Project
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
2/5/2014 $ 170,000.00 $ 170,000.00 $ 31,659.21 $ - Complete 1/20/1999 $ 225,000.00 $ 225,000.00 $ - $ - Complete
[1] Fund 716 debt service CFD 9.

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

CFD 10 Bridgeway Island
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024[2] Project Status
5/23/2006 $ 24,330,379.00 $ 24,330,379.00 $ 1,469,750.05 $ 2,585,630.05 Complete [1] Fund 736 debt service CFD 10.
[2] Fund 735 debt service CFDs 10, 11, 15, 16, 18 & 19.

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

CFD 11 Gateway
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
5/23/2006 $ 4,427,762.00 $ 4,427,762.00 $ 414,135.72 $ - Complete [1] Fund 737 debt service CFD 11.

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

CFD 12 Raley's Field
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
6/1/2013 $ 5,391,217.00 $ 5,391,217.00 $ 959,800.95 $ - Complete [1] Fund 719 debt service CFD 12.

CFD 14 Newport Estates
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1,2]
Fiscal Agent
Reserve
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024[2] Project Status
6/26/2014 $ 6,820,000.00 $ 6,820,000.00 $ 661,225.12 $ 673,420.39 $ - Complete 7/17/2012 $ 3,855,000.00 $ 3,855,000.00 $ 52,721.65 $ - $ 550,711.84 Complete 3/24/2004 $ 4,800,000.00 $ 4,800,000.00 $ - $ - $ - Complete 8/1/2001 $ 3,860,000.00 $ 3,860,000.00 $ - $ - $ - Complete [1] Fund 722 debt service CFD 14.
[2] Fund 743 debt service CFDs 14 & 17.

Note: Bond series 2004 refunding was completed in 2014.

Note: Bond series 2001 refundings were combined for CFDs 14 & 17 and completed in 2012. 115
Attachment 1
3 | P a g e
CFD 15 Pheasant Hollow
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
5/23/2006 $ 1,960,220.00 $ 1,960,220.00 $ 169,009.62 $ - Complete 12/4/2002 $ 1,905,000.00 $ 1,905,000.00 $ - $ - Complete [1] Fund 724 debt service CFD 15.

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

CFD 16 Bridgeway Lakes
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024[1] Project Status
5/23/2006 $ 14,263,376.00 $ 14,263,376.00 $ 675,747.96 $ 49,418.82 Complete 11/25/2003 $ 13,585,000.00 $ 13,585,000.00 $ - $ - Complete [1] Fund 725 debt service CFD 16.

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

CFD 17 Parella
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024[2] Project Status
2/17/2016 $ 2,190,000.00 $ 2,190,000.00 $ 409,970.17 $ 924,337.56 Complete 7/17/2012 $ 2,730,000.00 $ 2,730,000.00 $ - $ - Complete 8/30/2006 $ 2,725,000.00 $ 2,725,000.00 $ - $ - Complete 12/3/2003 $ 2,850,000.00 $ 2,850,000.00 $ - $ - Complete [1] Fund 727 debt service CFD 17.
[2] Fund 745 debt service CFDs 17, 21, 23 & 24..

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

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

CFD 18 Gateway Unit 4
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
5/23/2006 $ 828,722.00 $ 828,722.00 $ 86,705.18 $ - Complete 3/24/2004 $ 800,000.00 $ 800,000.00 $ - $ - Complete
[1] Fund 728 debt service CFD 18.

Note: Multiple bond series refundings were combined for CFDs 10, 11, 15, 16, 18 & 19 and completed in 2006. 116
Attachment 1
4 | P a g e
CFD 19 River Ranch
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
5/23/2006 $ 2,780,803.00 $ 2,780,803.00 $ 245,417.44 $ - Complete 8/10/2004 $ 2,640,000.00 $ 2,640,000.00 $ - $ - Complete [1] Fund 729 debt service CFD 19.

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

CFD 20 Bridgeway Lakes II
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024[1] Project Status
2/27/2013 $ 10,360,000.00 $ 10,360,000.00 $ 807,149.08 $ 809,216.77 Complete 5/31/2005 $ 11,000,000.00 $ 11,000,000.00 $ - $ - Complete [1] Fund 731 debt service CFD 20.

Note: Bond series 2005 refunding was completed in 2013.

CFD 21 Parlin Ranch
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
2/17/2016 $ 2,800,000.00 $ 2,800,000.00 $ 262,938.74 $ - Complete 10/4/2006 $ 3,445,000.00 $ 3,445,000.00 $ - $ - Complete [1] Fund 732 debt service CFD 21.

Note: Bond series 2006 refunding was completed in 2016.

CFD 23 Triangle Area
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
2/17/2016 $ 6,180,000.00 $ 6,180,000.00 $ 560,635.60 $ - Complete 7/19/2007 $ 6,936,118.25 $ 6,936,118.25 $ - $ - Complete [1] Fund 734 debt service CFD 23.

Note: Bond series 2007 refunding was completed in 2016.

CFD 24 Bridgeway Lakes North
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
2/17/2016 $ 1,155,000.00 $ 1,155,000.00 $ 169,131.36 $ - Complete 2/28/2008 $ 1,312,424.70 $ 1,312,424.70 $ - $ - Complete [1] Fund 739 debt service CFD 24.

Note: Bond series 2008 refunding was completed in 2016. 117
Attachment 1
5 | P a g e
CFD 26 Yarbrough
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Fiscal Agent
Reserve
6/30/2024 Project Status
12/9/2008 $ 4,000,000.00 $ 4,000,000.00 $ 51,378.16 $ - Complete [1] Fund 741 debt service CFD 26.

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

CFD 27 Bridge District
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1]
Cash Balance
6/30/2024[3]
Fiscal Agent
Construction
6/30/2024[3]
Fiscal Agent
Reserve
6/30/2024[1,2] Project Status
9/6/2017 $ 14,190,000.00 $ 9,963,387.73 $ - $ (9,003,483.82) $ 13,230,096.09 $ 762,041.15 Ongoing 4/19/2016 $ 16,075,000.00 $ 16,075,000.00 $ 2,120,056.92 $ - $ - $ 1,194,530.68 Ongoing 8/9/2010 $ 12,535,441.80 $ 12,535,441.80 $ - $ - $ - $ - Complete [1] Fund 742 debt service CFD 27.
[2] Fund 746 debt service CFD 27.
[3] Fund 792 construction CFD 27.

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

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

CFD 29 Port Towne
Date of Bond
Issuance
Amount of Bond
Proceeds for
Improvements
Expended
Amount
Cash Balance
6/30/2024[1,2]
Fiscal Agent
Reserve
6/30/2024[1,2] Project Status
8/27/2019 $ 3,645,000.00 $ 3,645,000.00 $ 165,876.71 $ 270,909.92 Complete [1] Fund 747 debt service CFD 29.
[2] Fund 790 construction CFD 29.

Note: Bond series issued in FY 2019/20 and assessed on FY 19/20 tax roll. 118

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 4, 2024 ITEM #8
SUBJECT:

CONSIDERATION OF ACCEPTANCE OF THE ANNUAL REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2023/24 WITH FIVE-YEAR FINDINGS INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Marc Rotteveel, Senior Finance Analyst
Finance Department
[ ] Council [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [X] Information [ ] Direction [ ] Action

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

RECOMMENDED ACTION
As this is an informational report, no action is required.

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

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

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

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

ANALYSIS
There are eleven categories for which the City collects impact fees based on nexus studies in the areas of public safety and general government facilities, parks, flood control, utilities, and transportation. The amounts listed below are unaudited numbers for the Fiscal Year 2023/2024. The fiscal year began with fund balances totaling $116.2 million. Impact fees and other revenues during the fiscal year totaled $30.9 million while expenditures totaled $19.3 million, resulting in a total fund balance of $127.8 million as of June 30, 2024. It should be noted that the fiscal year ending fund balances for the water and sewer categories include amounts related to capitalized assets and debt liabilities. The actual cash balances as of June 30, 2024, totaled $71.2 million for the development fee funds.
119
Development Impact Fees Annual Report with 5-Year Findings December 4, 2024

The annual report is intended to provide an analysis of impact fees collected and expended during the fiscal year. In addition, every five-years the City must also report the “aging” of development impact fees to ensure the impact fees are being expended for the purposes the fees were established. However, staff believe that every annual report should include the five-year findings to be transparent and consistent. Fund balances in the attached report are as of June 30, 2024.

The attached report is required to be posted publicly within 180 days of the fiscal year-end. The report will be posted to the City’s website prior to December 31, 2024, to comply with this requirement.

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

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

Coordination and Review
Not applicable.

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

ATTACHMENT

1. Annual Report on Development Impact Fees for FY 2023/24 with Five-Year Findings 120
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DEVELOPMENT IMPACT FEES

ANNUAL REPORT WITH FIVE-YEAR FINDINGS
FISCAL YEAR ENDING JUNE 30, 2024
121
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LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING A. CALIFORNIA GOVERNMENT CODE SECTION 66006 (b)
California Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 Development Impact Fees (DIFs) on new development. For each separate fund established, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
• A brief description of the type of fee in the account or fund. • The amount of the fee.
• The beginning and ending balance of the account or fund. • The amount of the fees collected, and interest earned. • An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. • An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. • A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. • The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

B. CALIFORNIA GOVERNMENT CODE SECTION 66001 (d)
For all funds established for the collection and expenditure of DIFs, California Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put.
• Demonstrate a reasonable relationship between the fee and purpose for which it is charged.
• Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
• Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
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As of June 30, 2024, the City’s Childcare Facility Impact Fee Fund, Storm Drain Impact Fee Fund, and Flood In-Lieu Impact Fee Fund showed revenues held past the fifth year of first deposit; therefore, the City is reporting the following findings relating to these DIF Funds:

1. Childcare Facility Development Impact Fee Fund
• The purpose of the impact fee analysis for childcare facilities was to quantify the impacts on the need for childcare associated with new development. The analysis addressed both development of workplace buildings such as office, retail and industrial spaces and new residential development. The report also contained an analysis of the costs of mitigating the new demands by the construction of childcare facility spaces.
• In FY 2023/24, a consultant was hired to perform analysis and provide staff with an updated Nexus Study. Once this study has been approved by City Council the excess revenue will be utilized for projects outlined in the new study.

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

3. Flood In-Lieu Impact Fee Fund
 The purpose of the flood in lieu impact fees is to help fund the local share of a $1.2 billion federally authorized flood control project that protects the City of West Sacramento. The local share of the project exceeds $100 million. The in excess of five year revenue is not sufficient to be able to start or complete this project.

C. ADDITIONAL NOTES
The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a CIP indicating the approximate location, size, and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees. A formal CIP is recommended, at a minimum, as a five-year plan.

The City produces a five-year CIP which helps to maintain and support the City’s General Plan as well as identify situations where infrastructure is needed to accommodate the planned development. The City’s current adopted Capital Improvement Program (FY 2023/24 – FY 2027/28) may be found on the City’s website (www.cityofwestsacramento.org) under Government, Finance Department, Publications.
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D. FUNDING OF INFRASTRUCTURE
The FY 2023/24 – 2027/28 CIP list identifies all funding sources and amounts for individual projects through FY 2027/28. The CIP is updated annually to reflect the current infrastructure needs of the City. As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development. Once determination of use is made, the percentage of use attributable to new development may then be funded by the appropriate development impact fee based on the type of project. The percentage of use associated with existing residents or businesses are funded from other appropriate sources as identified on each individual project sheet in the CIP. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community.

DESCRIPTION OF DEVELOPMENT IMPACT FEES AND ESTABLISHING A REASONABLE

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

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

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

Fire Facility Development Impact Fee – Fees are supported by a study titled Analysis of Impact of Development on Fire, Police and Corporation Yard Facilities, prepared by Citygate Associates dated June 1, 2005.
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Childcare Development Impact Fee – Fees in this fund may be used toward the acquisition of property and equipment for childcare facilities, construction or expansion of childcare facilities, facilities for before- and after-school care. Facilities for childcare may also include a preschool component.

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

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

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

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

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

Water Development Impact Fee _- Fees are supported by a study titled Water System Master Plan 2015 Update, dated August 2017. The water connection fee represents the unit cost of capacity. The unit cost is determined by dividing the value of the facilities by the current number of connections serviced. The current number of water connections are converted to a standard connection referred to as an equivalent meter unit (EMU).

All nexus fee studies may be found on the City’s website at:
https://www.cityofwestsacramento.org/government/departments/financedepartment/impact-fee-nexus-studies. 125
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CURRENT FEE SCHEDULE
The current fee schedules for development impact fees may be found on the City’s website at: https://www.cityofwestsacramento.org/government/departments/financedepartment/book-of-fees. 126
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STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE Traffic Development Impact Fee (Fund 205)
City of West Sacramento
Development Impact Fees
Fiscal Year Ended June 30, 2024
Impact Fee Fund
Fund Balance
7/1/2023
Impact Fee
Revenues Other Revenues Expenditures
Fund Balance
[2]
6/30/2024
Cash Balance
6/30/2024
Traffic $ 8,244,507.21 $ 2,041,788.32 $ 241,089.46 $ 927,193.34 $ 9,600,191.65 $ 4,175,531.84 Parks 11,413,791.13 2,270,534.46 1,267,336.80 4,774,695.97 10,176,966.42 15,315,535.47 Police 2,502,597.41 315,093.89 224,073.20 2,752,890.42 288,874.08 (2,445,131.86) Fire (2,580,549.58) 523,667.30 25,966.59 101,624.61 (2,132,540.30) (1,518.56) Childcare 671,533.12 136,098.19 43,057.97 64,438.94 786,250.34 783,506.53 City Hall 629,975.62 175,812.02 43,088.54 229.15 848,647.03 838,530.98 Main Drainage 70,440.45 219,455.54 12,364.76 76.54 302,184.21 298,805.32 MC 10/11 Sub Basin 1,791,718.67 - 110,779.43 520.04 1,901,978.06 1,896,544.43 MC 20 Sub-Basin 58.71 - 3.62 0.02 62.31 62.31
MC 60 Sub-Basin 178.22 - 11.01 0.05 189.18 188.64
MC 71 Sub-Basin 141,883.43 - 8,772.48 41.18 150,614.73 150,184.45 MC 80/81 Sub-Basin 68,748.66 - 4,250.65 19.95 72,979.36 72,770.87 NC 10 Sub-Basin 265,908.74 - 14,227.02 76.57 280,059.19 279,259.11 NC 20 Sub-Basin 4,328.16 - 158.77 1.23 4,485.70 4,472.88 Corporation Yard (3,500,880.84) 240,363.18 100,715.75 52,068.88 (3,211,870.79) (684.89) Flood 11,580,193.07 1,103,561.63 745,355.46 7,470.70 13,421,639.46 13,260,514.09 Sewer
[1] 37,396,286.44 1,234,873.10 1,856,830.56 4,154,892.35 36,333,097.75 9,068,077.93 Water
[1] 47,484,346.53 3,754,684.57 14,153,786.75 6,428,508.63 58,964,309.22 27,471,504.49 Totals $ 116,185,065.15 $ 12,015,932.20 $ 18,851,868.82 $ 19,264,748.57 $ 127,788,117.60 $ 71,168,154.03 Note 2: Ending fund balances include amounts that may be appropriated in the capital improvement program budget in FY 2023/24.

Note 1: Water and sewer fund balances include capitalized assets and debt liabilities. 127
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Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 8,244,507.21 $ 9,566,950.64 $ 8,645,165.56 $ 7,934,598.01 $ 5,330,810.87 Revenues:

Development Impact Fees 2,041,788.32 3,893,030.16 3,188,532.96 656,144.71 4,379,732.12 Interest / Investment Earnings 231,667.46 253,568.28 (172,714.60) 10,749.81 211,788.75 Federal & State Grants - - - - -
Other Fees - 45,468.11 44,560.59 43,673.03 56,883.79
Transfers In 9,422.00 - - - 202,649.55
Total Revenues 2,282,877.78 4,192,066.55 3,060,378.95 710,567.55 4,851,054.21 Expenditures:

Capital Improvement Program 715,000.00 30,000.00 2,135,010.00 - 2,247,267.07 Loan to Park Impact Fee Fund - 5,363,492.00 - - -
Cost Allocation
[1]
- 845.11 587.25 - -
Bank Fees
[2] 1,385.58 651.74 2,996.62 - -
Interfund Loan Payment
[3] 210,807.76 119,521.13 - - -
Total Expenditures 927,193.34 5,514,509.98 2,138,593.87 - 2,247,267.07 Ending Fund Balance $ 9,600,191.65 $ 8,244,507.21 $ 9,566,950.64 $ 8,645,165.56 $ 7,934,598.01 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 2,282,877.78 $ 4,192,066.55 $ 3,060,378.95 $ 710,567.55 $ 4,351,054.21 Prior Fiscal Year (2-yr Old Funds) 4,192,066.55 3,060,378.95 710,567.55 4,351,054.21 3,583,543.80 Prior Fiscal Year (3-yr Old Funds) 3,060,378.95 710,567.55 4,351,054.21 3,583,543.80 - Prior Fiscal Year (4-yr Old Funds) 64,868.37 281,494.16 1,444,949.93 - - Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 9,600,191.65 $ 8,244,507.21 $ 9,566,950.64 $ 8,645,165.56 $ 7,934,598.01 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

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

Note 3: The Debt Service category is for principal and interest payments on interfund loans. 128
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Parks Development Impact Fee (Fund 211)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 11,413,791.13 $ 9,693,453.30 $ 8,708,281.72 $ 6,699,664.97 $ 1,878,769.97 Revenues:

Development Impact Fees 2,270,534.46 4,075,269.35 2,415,544.63 1,987,389.27 5,828,152.46 Interest / Investment Earnings 1,056,529.04 38,722.14 (171,127.29) 21,227.48 140,891.52 Federal & State Grants - - - - -
Other Fees - - - - -
Transfers In - - 15,000.00 - 1,825,619.22
Interest Loans 210,807.76 119,521.13 - - -
Loan from Traffic Impact Fee Fund - 5,363,492.00 - - -
Total Revenues 3,537,871.26 9,597,004.62 2,259,417.34 2,008,616.75 7,794,663.20 Expenditures:

Capital Improvement Program 4,769,601.00 7,615,492.00 1,270,000.00 - 2,973,768.20 Cost Allocation
[1]
- 1,897.32 1,384.99 - -
Bank Fees
[2] 5,094.97 4,142.87 2,860.77 - -
Developer Refunds - 255,134.60 - - -
Total Expenditures 4,774,695.97 7,876,666.79 1,274,245.76 - 2,973,768.20 Ending Fund Balance $ 10,176,966.42 $ 11,413,791.13 $ 9,693,453.30 $ 8,708,281.72 $ 6,699,664.97 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 3,537,871.26 $ 9,597,004.62 $ 2,259,417.34 $ 2,008,770.19 $ 6,699,664.97 Prior Fiscal Year (2-yr Old Funds) 6,639,095.16 1,816,786.51 2,008,770.19 6,699,511.53 - Prior Fiscal Year (3-yr Old Funds) - - 5,425,265.77 - - Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 10,176,966.42 $ 11,413,791.13 $ 9,693,453.30 $ 8,708,281.72 $ 6,699,664.97 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow. 129
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Police Facility Development Impact Fee (Fund 222)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 2,502,597.41 $ 2,021,150.31 $ 1,471,445.73 $ 1,284,471.86 $ 790,369.97 Revenues:

Development Impact Fees 315,093.89 481,413.16 609,070.93 206,429.89 624,247.86 Interest / Investment Earnings 116,692.36 21,414.17 (38,053.12) 2,591.98 33,903.27 Interest on Loans 107,380.84 - - - -
Total Revenues 539,167.09 502,827.33 571,017.81 209,021.87 658,151.13 Expenditures:

Capital Improvement Program 2,732,045.00 - - - 143,649.24 Facility Lease Payments
[1] 20,400.00 20,400.00 20,400.00 20,400.00 20,400.00
Cost Allocation
[2] 401.00 413.32 281.29 1,648.00 -
Bank Fees
[3] 44.42 566.91 631.94 - -
Total Expenditures 2,752,890.42 21,380.23 21,313.23 22,048.00 164,049.24 Ending Fund Balance $ 288,874.08 $ 2,502,597.41 $ 2,021,150.31 $ 1,471,445.73 $ 1,284,471.86 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 288,874.08 $ 502,827.33 $ 571,017.81 $ 209,021.87 $ 658,151.13 Prior Fiscal Year (2-yr Old Funds) - 571,017.81 209,021.87 658,151.13 84,531.80 Prior Fiscal Year (3-yr Old Funds) - 209,021.87 658,151.13 84,531.80 181,031.04 Prior Fiscal Year (4-yr Old Funds) - 658,151.13 84,531.80 181,031.04 93,576.28 Prior Fiscal Year (5-yr Old Funds) - 84,531.80 181,031.04 93,576.28 95,042.18 In Excess of Five Year Fiscal Years - 477,047.47 317,396.66 245,133.61 172,139.43 Total Revenue Available $ 288,874.08 $ 2,502,597.41 $ 2,021,150.31 $ 1,471,445.73 $ 1,284,471.86 Note 1: Impact fees are currently allocated to the police facility lease as well as planned improvements to that facility.

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

Note 3: Bank Fees were allocated in FY 21/22 based on daily cash flow. 130
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Fire Facility Development Impact Fee (Fund 223)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ (2,580,549.58) $ (3,011,447.35) $ (3,600,024.20) $ (3,853,679.85) $ (4,459,230.49) Revenues:

Development Impact Fees 523,667.30 490,253.80 619,139.52 276,899.37 677,134.57 Interest / Investment Earnings 25,966.59 7,819.54 (14,693.25) 1,491.92 14,754.09 Total Revenues 549,633.89 498,073.34 604,446.27 278,391.29 691,888.66 Expenditures:

Interfund Loan Payment
[1] 101,479.27 67,020.99 15,651.03 23,277.64 86,338.02
Cost Allocation
[2]
- 46.10 31.38 1,458.00 -
Bank Fees
[3] 145.34 108.48 187.01 - -
Total Expenditures 101,624.61 67,175.57 15,869.42 24,735.64 86,338.02 Ending Fund Balance
[4] $ (2,132,540.30) $ (2,580,549.58) $ (3,011,447.35) $ (3,600,024.20) $ (3,853,679.85) Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ (2,132,540.30) $ (2,580,549.58) $ (3,011,447.35) $ (3,600,024.20) $ (3,853,679.85) Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ (2,132,540.30) $ (2,580,549.58) $ (3,011,447.35) $ (3,600,024.20) $ (3,853,679.85) Note 4: There is an outstanding general fund loan to the fire impact fee fund for the construction of Fire Station 45, resulting in a negative fund balance.

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

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

Note 3: Bank Fees were allocated in FY 21/22 based on daily cash flow. 131
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Childcare Facility Development Impact Fee (Fund 224)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 671,533.12 $ 517,133.50 $ 558,215.25 $ 469,034.70 $ 364,854.02 Revenues:

Development Impact Fees 136,098.19 149,576.90 118,679.93 88,025.27 159,104.66 Interest / Investment Earnings 43,057.97 5,014.20 (9,571.11) 1,155.28 12,990.28 Total Revenues 179,156.16 154,591.10 109,108.82 89,180.55 172,094.94 Expenditures:

Capital Improvement Program 64,230.00 - 150,000.00 - 67,914.26 Cost Allocation
[1]
- 41.33 28.13 - -
Bank Fees
[2] 208.94 150.15 162.44 - -
Total Expenditures 64,438.94 191.48 150,190.57 - 67,914.26 Ending Fund Balance $ 786,250.34 $ 671,533.12 $ 517,133.50 $ 558,215.25 $ 469,034.70 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 179,156.16 $ 154,591.10 $ 109,108.82 $ 89,180.55 $ 172,094.94 Prior Fiscal Year (2-yr Old Funds) 154,591.10 109,108.82 89,180.55 172,094.94 46,206.53 Prior Fiscal Year (3-yr Old Funds) 109,108.82 89,180.55 172,094.94 46,206.53 49,874.56 Prior Fiscal Year (4-yr Old Funds) 89,180.55 172,094.94 46,206.53 49,874.56 44,158.70 Prior Fiscal Year (5-yr Old Funds) 172,094.94 46,206.53 49,874.56 44,158.70 41,605.97 In Excess of Five Year Fiscal Years
[3] 82,118.77 100,351.18 50,668.10 156,699.97 115,094.00 Total Revenue Available $ 786,250.34 $ 671,533.12 $ 517,133.50 $ 558,215.25 $ 469,034.70 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

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

Note 3: Five year findings show there are excess revenue in the Childcare Fees, decision on projects willl be determined based on the nexus study that was finalized in FY 23/24.
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City Hall Facility Development Impact Fee (Fund 226)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 629,975.62 $ 360,022.71 $ 35,470.09 $ 673,464.65 $ 428,250.98 Revenues:

Development Impact Fees 175,812.02 268,470.65 331,045.95 115,102.47 348,386.50 Interest / Investment Earnings 43,088.54 1,678.55 (6,342.05) (3,097.03) 17,585.24 Total Revenues 218,900.56 270,149.20 324,703.90 112,005.44 365,971.74 Expenditures:

Capital Improvement Program - - - 750,000.00 120,758.07 Cost Allocation
[1]
- 55.64 37.87 - -
Bank Fees
[2] 229.15 140.65 113.41 - -
Total Expenditures 229.15 196.29 151.28 750,000.00 120,758.07 Ending Fund Balance $ 848,647.03 $ 629,975.62 $ 360,022.71 $ 35,470.09 $ 673,464.65 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 218,900.56 $ 270,149.20 $ 324,703.90 $ 35,470.09 $ 365,971.74 Prior Fiscal Year (2-yr Old Funds) 270,149.20 324,703.90 35,318.81 - 45,406.78 Prior Fiscal Year (3-yr Old Funds) 324,703.90 35,122.52 - - 100,258.78 Prior Fiscal Year (4-yr Old Funds) 34,893.37 - - - 45,458.44 Prior Fiscal Year (5-yr Old Funds) - - - - 53,468.34
In Excess of Five Year Fiscal Years
[3][4]
- - - - 62,900.57
Total Revenue Available $ 848,647.03 $ 629,975.62 $ 360,022.71 $ 35,470.09 $ 673,464.65 Note 4: The excess funds in FY 2018/19& FY 2019/20 were utilized in FY 2020/21 to fund project number 54019 - City Hall Annex/ Improvements.

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

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

Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow. 133
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Storm Drain Main Development Impact Fee (Fund 227)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 70,440.45 $ (86,114.21) $ (150,618.27) $ (209,770.69) $ (810,511.21) Revenues:

Development Impact Fees 219,455.54 160,037.00 67,113.71 79,417.00 593,883.05 Interest / Investment Earnings 12,364.76 (1,130.78) (1,535.17) (16,836.86) 33,040.10 Total Revenues 231,820.30 158,906.22 65,578.54 62,580.14 626,923.15 Expenditures:

Interfund Loan Payment
[1]
- 1,918.98 783.79 1,165.72 26,182.63
Cost Allocation
[2]
- 397.42 270.48 2,262.00 -
Bank Fees
[3] 76.54 35.16 20.21 - -
Total Expenditures 76.54 2,351.56 1,074.48 3,427.72 26,182.63 Ending Fund Balance $ 302,184.21 $ 70,440.45 $ (86,114.21) $ (150,618.27) $ (209,770.69) Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 231,820.30 $ 70,440.45 $ (86,114.21) $ (150,618.27) $ (209,770.69) Prior Fiscal Year (2-yr Old Funds) 70,363.91 - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 302,184.21 $ 70,440.45 $ (86,114.21) $ (150,618.27) $ (209,770.69) Five-Year Revenue Using First In First Out Method
Note 2: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

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

Note 1: The Debt Service category is for principal and interest payments on interfund loans. 134
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Storm Drain MC 10/11 Sub-Basin Development Impact Fee (Fund 268-9240) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 1,791,718.67 $ 919,280.58 $ 937,384.23 $ 923,427.54 $ 905,355.17 Revenues:

Development Impact Fees - 869,371.86 - - -
Interest / Investment Earnings 110,779.43 3,475.33 (17,814.42) 13,956.69 18,072.37 Total Revenues 110,779.43 872,847.19 (17,814.42) 13,956.69 18,072.37 Expenditures:

Cost Allocation
[1]
- 4.13 2.81 - -
Bank Fees
[2] 520.04 404.97 286.42 - -
Total Expenditures 520.04 409.10 289.23 - -
Ending Fund Balance $ 1,901,978.06 $ 1,791,718.67 $ 919,280.58 $ 937,384.23 $ 923,427.54 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 110,779.43 $ 872,847.19 $ - $ 13,956.69 $ 18,072.37 Prior Fiscal Year (2-yr Old Funds) 872,847.19 - 13,956.69 18,072.37 20,259.57 Prior Fiscal Year (3-yr Old Funds) - 13,956.69 18,072.37 20,259.57 11,805.86 Prior Fiscal Year (4-yr Old Funds) 13,956.69 18,072.37 20,259.57 11,805.86 27,779.04 Prior Fiscal Year (5-yr Old Funds) 18,072.37 20,259.57 11,805.86 27,779.04 29,017.67 In Excess of Five Year Fiscal Years
[3] 886,322.38 866,582.85 855,186.09 845,510.70 816,493.03 Total Revenue Available $ 1,901,978.06 $ 1,791,718.67 $ 919,280.58 $ 937,384.23 $ 923,427.54 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

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

Note 3: Storm Drainage / Storm Water Master Plan, April 2022 recommends 3 projects in this basin. City staff staff plans to complete additional evaluation prior to proposing capital improvement project(s).
135
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Storm Drain MC 20 Sub-Basin Development Impact Fee (Fund 268-9241) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 58.71 $ 57.98 $ 59.12 $ - $ -
Revenues:

Development Impact Fees - - - - -
Interest / Investment Earnings 3.62 0.74 (1.12) 59.12 - Total Revenues 3.62 0.74 (1.12) 59.12 -
Expenditures:

Bank Fees
[1] 0.02 0.01 0.02 - -
Total Expenditures 0.02 0.01 0.02 - -
Ending Fund Balance $ 62.31 $ 58.71 $ 57.98 $ 59.12 $ - Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 3.62 $ 0.74 $ - $ 59.12 $ -
Prior Fiscal Year (2-yr Old Funds) 0.74 - 57.98 - -
Prior Fiscal Year (3-yr Old Funds) - 57.97 - - -
Prior Fiscal Year (4-yr Old Funds) 57.95 - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 62.31 $ 58.71 $ 57.98 $ 59.12 $ - Five-Year Revenue Using First In First Out Method
Note 1: Bank Fees were allocated in FY 21/22 based on daily cash flow. 136
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Storm Drain MC 60 Sub-Basin Development Impact Fee (Fund 268-9242) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 178.22 $ 175.99 $ 179.45 $ 179.31 $ 174.08 Revenues:

Development Impact Fees - - - - -
Interest / Investment Earnings 11.01 2.27 (3.41) 0.14 5.23 Total Revenues 11.01 2.27 (3.41) 0.14 5.23
Expenditures:

Bank Fees
[1] 0.05 0.04 0.05 - -
Total Expenditures 0.05 0.04 0.05 - -
Ending Fund Balance $ 189.18 $ 178.22 $ 175.99 $ 179.45 $ 179.31 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 11.01 $ 2.27 $ - $ 0.14 $ 5.23
Prior Fiscal Year (2-yr Old Funds) 2.27 - - 5.23 5.54
Prior Fiscal Year (3-yr Old Funds) - - 1.96 5.54 1.13
Prior Fiscal Year (4-yr Old Funds) - 1.96 5.54 1.13 1.79 Prior Fiscal Year (5-yr Old Funds) 1.96 5.54 1.13 1.79 1.62 In Excess of Five Year Fiscal Years
[2] 173.94 168.45 167.36 165.62 164.00
Total Revenue Available $ 189.18 $ 178.22 $ 175.99 $ 179.45 $ 179.31 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Fees have been held unexpended for more than five years, however the excess funds is not enough to begin a capital improvement project for this subbasin. 137
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Storm Drain MC 71 Sub-Basin Development Impact Fee (Fund 268-9243) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 141,883.43 $ 140,116.42 $ 142,880.78 $ 141,990.64 $ 138,370.73 Revenues:

Development Impact Fees - - - - -
Interest / Investment Earnings 8,772.48 1,807.43 (2,715.29) 890.14 3,619.91 Total Revenues 8,772.48 1,807.43 (2,715.29) 890.14 3,619.91 Expenditures:

Cost Allocation
[1]
- 8.36 5.41 - -
Bank Fees
[2] 41.18 32.06 43.66 - -
Total Expenditures 41.18 40.42 49.07 - -
Ending Fund Balance $ 150,614.73 $ 141,883.43 $ 140,116.42 $ 142,880.78 $ 141,990.64 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 8,772.48 $ 1,807.43 $ - $ 890.14 $ 3,619.91 Prior Fiscal Year (2-yr Old Funds) 1,807.43 - 890.14 3,619.91 3,898.74 Prior Fiscal Year (3-yr Old Funds) - 890.14 3,619.91 3,898.74 1,241.62 Prior Fiscal Year (4-yr Old Funds) 890.14 3,619.91 3,898.74 1,241.62 107,912.17 Prior Fiscal Year (5-yr Old Funds) 3,619.91 3,898.74 1,241.62 107,912.17 328.74 In Excess of Five Year Fiscal Years
[2] 135,524.77 131,667.21 130,466.01 25,318.20 24,989.46 Total Revenue Available $ 150,614.73 $ 141,883.43 $ 140,116.42 $ 142,880.78 $ 141,990.64 Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

Note 2: Fees have been held unexpended for more than five years. However, Storm Drainage / Storm Water Master Plan, April 2022 recommends one culvert project in this basin. City staff staff plans to complete additional evaluation prior to proposing a capital improvement project. 138
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Storm Drain MC 80/81 Sub-Basin Development Impact Fee (Fund 268-9244) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 68,748.66 $ 67,888.49 $ 69,225.25 $ 59,543.25 $ 54,555.66 Revenues:

Development Impact Fees - - - 8,706.00 3,779.22
Interest / Investment Earnings 4,250.65 875.70 (1,315.61) 976.00 1,208.37 Total Revenues 4,250.65 875.70 (1,315.61) 9,682.00 4,987.59 Expenditures:

Bank Fees
[1] 19.95 15.53 21.15 - -
Total Expenditures 19.95 15.53 21.15 - -
Ending Fund Balance $ 72,979.36 $ 68,748.66 $ 67,888.49 $ 69,225.25 $ 59,543.25 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 4,250.65 $ 875.70 $ - $ 9,682.00 $ 4,987.59 Prior Fiscal Year (2-yr Old Funds) 875.70 - 9,682.00 4,987.59 1,215.69 Prior Fiscal Year (3-yr Old Funds) - 9,682.00 4,987.59 1,215.69 712.70 Prior Fiscal Year (4-yr Old Funds) 9,682.00 4,987.59 1,215.69 712.70 440.55 Prior Fiscal Year (5-yr Old Funds) 4,987.59 1,215.69 712.70 440.55 371.98 In Excess of Five Year Fiscal Years
[2] 53,183.42 51,987.68 51,290.51 52,186.72 51,814.74
Total Revenue Available $ 72,979.36 $ 68,748.66 $ 67,888.49 $ 69,225.25 $ 59,543.25 Five-Year Revenue Using First In First Out Method
Note 1: Bank Fees were allocated in FY 21/22 based on daily cash flow.

Note 2: Fees have been held unexpended for more than five years, Storm Drainage / Storm Water Master Plan, April 2022 recommends one culvert project in this basin. City staff staff plans to complete additional evaluation prior to proposing a capital improvement project. 139
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Storm Drain NC 10 Sub-Basin Development Impact Fee (Fund 268-9245) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 265,908.74 $ 433,575.18 $ 437,987.80 $ 434,013.58 $ 425,380.48 Revenues:

Development Impact Fees - - - - -
Interest / Investment Earnings 14,227.02 5,841.17 (5,106.10) 2,808.50 1,074.73 Interest Loans - 1,918.98 783.79 1,165.72 7,558.37
Total Revenues 14,227.02 7,760.15 (4,322.31) 3,974.22 8,633.10 Expenditures:

Cost Allocation
[1]
- 3.34 2.27 - -
Bank Fees
[2] 76.57 39.92 88.04 - -
Developer Refunds - 175,383.33 - - -
Total Expenditures 76.57 175,426.59 90.31 - -
Ending Fund Balance $ 280,059.19 $ 265,908.74 $ 433,575.18 $ 437,987.80 $ 434,013.58 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 14,227.02 $ 7,760.15 $ - $ 3,974.22 $ 8,633.10 Prior Fiscal Year (2-yr Old Funds) 7,760.15 - 3,974.22 8,633.10 9,628.63 Prior Fiscal Year (3-yr Old Funds) - 3,974.22 8,633.10 9,628.63 5,454.12 Prior Fiscal Year (4-yr Old Funds) 3,974.22 8,633.10 9,628.63 5,454.12 3,637.56 Prior Fiscal Year (5-yr Old Funds) 8,633.10 9,628.63 5,454.12 3,637.56 3,263.79 In Excess of Five Year Fiscal Years
[3] 245,464.70 235,912.64 405,885.11 406,660.17 403,396.38 Total Revenue Available $ 280,059.19 $ 265,908.74 $ 433,575.18 $ 437,987.80 $ 434,013.58 Five-Year Revenue Using First In First Out Method
Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow.

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

Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds. 140
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Storm Drain NC 20 Sub-Basin Development Impact Fee (Fund 268-9246) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 4,328.16 $ 4,265.29 $ - $ - $ - Revenues:

Development Impact Fees - - 4,249.18 - -
Interest / Investment Earnings 158.77 63.82 16.11 - -
Total Revenues 158.77 63.82 4,265.29 - -
Expenditures:

Bank Fees
[1] 1.23 0.95 - - -
Total Expenditures 1.23 0.95 - - -
Ending Fund Balance $ 4,485.70 $ 4,328.16 $ 4,265.29 $ - $ - Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 158.77 $ 63.82 $ 4,265.29 $ - $ - Prior Fiscal Year (2-yr Old Funds) 62.59 4,264.34 - - - Prior Fiscal Year (3-yr Old Funds) 4,264.34 - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ 4,485.70 $ 4,328.16 $ 4,265.29 $ - $ - Five-Year Revenue Using First In First Out Method
Note 1: Bank Fees were allocated in FY 21/22 based on daily cash flow. 141
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Corporation Yard Facility Development Impact Fee (Fund 228) Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ (3,500,880.84) $ (3,886,146.87) $ (4,321,262.13) $ (4,473,715.57) $ 3,097,655.74 Revenues:

Development Impact Fees 240,363.18 367,265.08 452,469.53 157,438.86 476,417.49 Interest / Investment Earnings 14,913.27 5,791.64 (13,353.73) 13,455.02 164,789.26 Interest Loans 85,802.48 49,755.98 7,835.31 - -
Total Revenues 341,078.93 422,812.70 446,951.11 170,893.88 641,206.75 Expenditures:

Capital Improvement Program - - - - 8,150,631.50
Interfund Loan Payment 51,767.33 36,778.80 11,229.44 16,701.44 61,946.56 Cost Allocation
[1] 236.00 686.74 467.38 1,739.00 -
Bank Fees
[2] 65.55 81.13 139.03 - -
Total Expenditures 52,068.88 37,546.67 11,835.85 18,440.44 8,212,578.06 Ending Fund Balance
[3] $ (3,211,870.79) $ (3,500,880.84) $ (3,886,146.87) $ (4,321,262.13) $ (4,473,715.57) Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ (3,211,870.79) $ (3,500,880.84) $ (3,886,146.87) $ (4,321,262.13) $ (4,473,715.57) Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available $ (3,211,870.79) $ (3,500,880.84) $ (3,886,146.87) $ (4,321,262.13) $ (4,473,715.57) Five-Year Revenue Using First In First Out Method
Note 1: The Cost Allocation Plan was updated in FY 2020/21 and now allocates a portion of Citywide overhead appropriately to Impact Fee funds.

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

Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow. 142
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Flood In-Lieu Development Impact Fee (Fund 229)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
` FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Beginning Fund Balance $ 11,580,193.07 $ 10,409,935.95 $ 6,720,886.49 $ 5,534,032.84 $ 3,039,099.94 Revenues:

Development Impact Fees 1,103,561.63 1,055,145.63 3,889,347.72 1,174,526.63 2,857,102.33 Interest / Investment Earnings 745,355.46 121,715.13 (194,302.82) 12,327.02 149,168.52 Total Revenues 1,848,917.09 1,176,860.76 3,695,044.90 1,186,853.65 3,006,270.85 Expenditures:

Capital Improvement Program - - - - 455,218.33
Developer Refunds - - - - 56,119.62
Cost Allocation
[1] 3,820.00 3,994.57 2,747.50 - -
Bank Fees
[2] 3,650.70 2,609.07 3,247.94 - -
Total Expenditures 7,470.70 6,603.64 5,995.44 - 511,337.95 Ending Fund Balance $ 13,421,639.46 $ 11,580,193.07 $ 10,409,935.95 $ 6,720,886.49 $ 5,534,032.84 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ 1,848,917.09 $ 1,176,860.76 $ 3,695,044.90 $ 1,186,853.65 $ 3,006,270.85 Prior Fiscal Year (2-yr Old Funds) 1,176,860.76 3,695,044.90 1,186,853.65 3,006,270.85 1,935,610.01 Prior Fiscal Year (3-yr Old Funds) 3,695,044.90 1,186,853.65 3,006,270.85 1,935,610.01 592,151.98 Prior Fiscal Year (4-yr Old Funds) 1,186,853.65 3,006,270.85 1,935,610.01 592,151.98 - Prior Fiscal Year (5-yr Old Funds) 3,006,270.85 1,935,610.01 586,156.54 - - In Excess of Five Year Fiscal Years
[3] 2,507,692.21 579,552.90 - - -
Total Revenue Available $ 13,421,639.46 $ 11,580,193.07 $ 10,409,935.95 $ 6,720,886.49 $ 5,534,032.84 Note 2: Bank Fees were allocated in FY 21/22 based on daily cash flow.

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

Note 3: Five year findings show there are excess revenue in the Flood In Lieu Impact Fee Fund. However, the purpose of the flood in lieu impact fees is to help fund the local share of a $1.2 billion federally authorized flood control project that protects the City of West Sacramento. The local share of the project exceeds $100million.

The in excess of five year revenue is not sufficient to be able to start or complete this project. 143
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Sewer Development Impact Fee (Fund 502)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 37,396,286.44 $ 34,075,330.47 $ 34,851,050.40 $ 37,180,995.04 $ 35,489,957.79 Revenues:

Development Impact Fees 1,234,873.10 2,045,439.19 830,267.46 788,994.49 2,243,621.94 Interest / Investment Earnings 594,651.73 (3,064.06) (90,832.31) 1,818.78 127,498.44 Charges for Services 1,262,178.83 1,262,805.73 1,236,819.20 1,272,968.71 1,097,002.12 Reimbursements - - 4,353.75 - -
Other Revenue - - - - -
Transfers In - 2,351,703.00 - 850,000.00 6,900,000.00
Total Revenues 3,091,703.66 5,656,883.86 1,980,608.10 2,913,781.98 10,368,122.50 Expenditures:

Capital Improvement Program 2,566,463.63 392,101.57 832,841.79 5,780,849.83 6,760,601.52 Debt Service
[1] 1,915,964.36 1,942,790.30 1,932,919.72 1,960,137.82 1,916,483.73 Bank Fees
[2] 2,634.04 1,629.59 1,585.17 - -
Total Expenditures 4,485,062.03 2,336,521.46 2,767,346.68 7,740,987.65 8,677,085.25 Add: Capitalized Asset 330,169.68 593.57 11,018.65 2,497,261.03 - Ending Fund Balance $ 36,333,097.75 $ 37,396,286.44 $ 34,075,330.47 $ 34,851,050.40 $ 37,180,995.04 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ - $ - $ - $ - $ -
Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available
[3] $ - $ - $ - $ - $ -
Note 1: Fund 502 includes bond proceeds, debt obligations, and capital outlay for the sewer enterprise fund.

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

Note 3: The expenditures exceed the impact fee revenue and interest earnings for all 5 fiscal years. Therefore, no revenue available. 144
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Water Development Impact Fee (Fund 507)
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20
Beginning Fund Balance $ 47,484,346.53 $ 44,635,378.70 $ 44,530,575.00 $ 35,466,465.66 $ 30,688,215.80 Revenues:

Development Impact Fees 3,754,684.57 1,698,430.15 1,806,355.57 2,173,001.91 1,266,447.46 Interest / Investment Earnings 1,269,103.59 660,525.63 (445,981.18) 3,056,189.63 777,750.90 Charges for Services 7,830,682.66 7,126,207.23 7,617,152.49 8,170,766.56 6,719,429.01 Other Revenue 1,263.50 8,510.77 - 16,850.00 -
Transfers In 5,052,737.00 100,000.00 - 7,617,940.00 9,810,385.00 Total Revenues 17,908,471.32 9,593,673.78 8,977,526.88 21,034,748.10 18,574,012.37 Expenditures:

Capital Improvement Program 3,252,632.77 8,197,311.83 2,706,647.63 7,684,267.52 12,183,299.17 Debt Service
[1] 5,291,055.94 5,454,871.01 5,663,740.61 5,320,969.11 6,539,219.93 Developer Refunds - - 1,609,146.00 - -
Bank Fees
[2] 5,148.94 3,963.19 7,162.73 - -
Total Expenditures 8,548,837.65 13,656,146.03 9,986,696.97 13,005,236.63 18,722,519.10 Add: Capitalized Costs 2,120,329.02 6,911,440.08 1,113,973.79 1,034,597.87 4,926,756.59 Ending Fund Balance $ 58,964,309.22 $ 47,484,346.53 $ 44,635,378.70 $ 44,530,575.00 $ 35,466,465.66 Revenue Available FY 2023/24 FY 2022/23 FY 2021/22 FY 2020/21 FY 2019/20 Current Fiscal Year $ - $ - $ - $ - $ -
Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Year Fiscal Years - - - - -
Total Revenue Available
[3] $ - $ - $ - $ - $ -
Note 1: Fund 507 includes bond proceeds, debt obligations, and capital outlay for the water enterprise fund.

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

Note 3: The expenditures exceed the impact fee revenue and interest earnings for all 5 fiscal years. Therefore, no revenue available. 145
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DEVELOPMENT IMPACT FEE PROJECT IDENTIFICATION
The Development Impact Fee Project Identification will be provided with a table, on page 27 that will illustrate the following reporting requirements defined by California Government Code Section 66006 (b):
 An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
 An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. 146
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Project Number Project Description Project Status
Estimated
Construction
Start Date
Estimated
Project Costs
[1]
Budget/ Funding
to Date
[1]
Estimated % of
Project Funded with DIFs
Traffic Impact Fees (TIF)
10036 Transportation Projects: Development Activities Complete $ 195,000 $ 195,000 100% 11019 Broadway Bridge: Environmentals And Permits Complete 3,153,353 143,931 5% 11022 Mobility Action Plan (MAP) Complete 330,386 25,000 8% 11036 West Sacramento Plug-in Partnership In Progress 2,774,000 150,010 5% 11037 Lake Road Electrified Mobility Hub Project Planned FY 2024/25 100,000 100,000 100% 11230 Transportation Impact Fee Update In Progress 541,904 275,000 51% 12018 Fifth Street & F Street Traffic Signal In Progress 700,000 700,000 100% 13005 Citywide VMT Mitigation Fee Program Planned FY 2024/25 250,000 250,000 100% 14021 Sycamore Trail Phase 2 In Progress 17,052,310 609,124 4% 15029 West Capitol Avenue Road Rehabilitation & Safety Enhancement Project Complete 15,547,010 2,160,000 14% 15055 2024 Citywide Traffic Data Collection Program In Progress 40,000 40,000 100% 52068 City Standard Specifications Update In Progress 365,500 65,000 18% Traffic Impact Fees (TIF) Total $ 41,049,463 $ 4,713,065 Park Impact Fees
14021 Sycamore Trail Phase 2 In Progress $ 17,052,310 $5,363,492 31% 14034 Memorial Park Ada Improvement Complete 2,778,401 800,000 29% 51279 Del Monte Acquisition Complete 250,000 250,000 100% 52032 Rec Center Capital Improvements Complete 89,282 89,282 100% 52045 Recreation Center Pool Deck Repair – Phase II Complete 436,344 136,344 31% 61005 Southport Levee Trailhead In Progress 2,116,350 502,000 24% 62077 Rec Ctr, Tennis Court Repairs Complete 82,437 41,218 50% 62085 Boat Ramp Fencing Complete 40,000 40,000 100%
62101 Bryte Park Phase II Improvements Complete 1,693,810 25,932 2% 62126 Raley's Dock Improvements Complete 5,586,737 1,500,000 27% 62131 Bees Lakes Habitat Restoration Plan and Public Access Improvements In Progress 3,944,702 100,000 3% 62134 Heritage Oaks Park Master Plan Implementation In Progress 828,750 828,750 100% 62138 Bryte Park Master Plan Implementation In Progress 16,786,088 3,200,000 19% 62140 Fernwood Park Improvements Complete 132,000 100,000 76% 62142 Washington Neighborhood Park In Progress 1,500,000 1,100,000 73% 62143 Rec Center Tennis Court Lights and Drainage In Progress 1,734,202 824,601 48% 62147 Southport Levee Recreation Trail Planning and Design In Progress 2,229,123 50,000 2% 62148 Washington Access Corridor In Progress 2,995,000 800,000 27% 62155 Westacre Park Renovation and Expansion Project In Progress 8,243,000 400,000 5% 62160 Alyce Norman Park Master Plan Planned FY 2024/25 400,000 200,000 50% 62191 Heritage Oaks Park Play Equipment Project Budget Complete 90,400 29,400 33% 62192 Fernwood Park Project Complete 126,000 126,000 100% Park Impact Fees Total $ 69,134,936 $ 16,507,019
Police Facility Impact Fees
52001 Police Dept. Annex Complete $ 1,165,000 $ 1,165,000 100% Police Facility Impact Fees Total $ 1,165,000 $ 1,165,000 Child Care Impact Fees
15057 Chilcare Demand Study & Impact Fee Update Complete $ 50,000 $ 50,000 100% 52066 Pre-School Facility Upgrades Complete 69,118 69,118 100% 52079 Recreation Center Expanded Programming Complete 14,320 14,320 100% 62152 Club West Outdoor Classroom Planned FY 2024/25 150,000 150,000 100% Child Care Impact Fees Total $ 283,438 $ 283,438
City Hall Facilities Fees
54009 Security Enhancements In Progress $ 30,000 $ 30,000 100% 54019 City Hall Annex Tenant Improvement Project In Progress 1,907,500 $ 850,000 45% City Hall Facilities Fees Total $ 1,937,500 $ 880,000
Flood Protection In-Lieu Fees
40016 Problem Identification Report Update Complete $ 752,239 $ 717,219 95% 41002 Storm Drain Master Plan In Progress 2,460,096 $ 1,225,000 50% 44000 Levee Foundation/Stormwater Pump Replacement - former RD 811 Planned 190,000 $ 190,000 100% 52068 City Standard Specifications Update In Progress 365,500 $ 50,000 14% Flood Protection In-Lieu Fees Total $ 3,767,835 $ 2,182,219 Sewer Impact Fees
[2]
Various Buy into existing Sewer System In Progress $ 17,866,058 $ 8,751,336 49% Sewer Impact Fees Total $ 17,866,058 $ 8,751,336
Water Impact Fees
[3]
Various Buy into existing Water System In Progress $ 66,774,904 $ 19,046,239 29% Water Impact Fees Total $ 66,774,904 $ 19,046,239 Note 1: Estimated Project Costs and Budget/Funding to Date amounts are from the 2023/24 - 2027/28 CIP. Budget/ Funding to Date include DIF amounts only.

Note 2: Sewer Impact Fees are connection fees to existing system. The estimated project costs and budget/funding to date are from July 1, 1999 through June 30, 2024.

Note 3: Water Impact Fees are connection fees to existing system. The estimated project costs and budget/funding to date are from July 1, 1999 through June 30, 2024.

Development Impact Fee Project Identification As of June 30, 2024 Construction Development Impact Fees
147

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 4, 2024 ITEM #9
SUBJECT:

CONSIDERATION OF RESOLUTION 24-129 AUTHORIZING PARTICIPATION IN THE

CALIFORNIA PACE PROGRAM AND AUTHORIZING THE CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL PACE ASSESSMENTS

WITHIN THE CITY OF WEST SACRAMENTO
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 report requests City Council approval of a Resolution for the City to participate in the California PACE program and to authorize the California Enterprise Development Authority to conduct contractual PACE assessments within the City of West Sacramento.

RECOMMENDED ACTION
Staff respectfully requests that the City Council:

1. Adopt a resolution to join the CEDA PACE Program; and

2. Authorize the California Enterprise Development Authority (CEDA) to accept applications, conduct voluntary contractual assessment proceedings, and levy contractual PACE assessments within the City of West Sacramento for financing or refinancing of certain renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, wildfire suppression for any portion of the City that lies within a Very High Fire Hazard Severity Zone and water efficiency improvements for commercial property owners.

BACKGROUND
In July 2008, the Governor signed into law AB 811 of 2008, authorizes a legislative body to designate an area within which authorized public officials (including a joint powers authority like CEDA) may enter into contractual tax assessment agreements with property owners to finance the installation of energy efficiency or distributed renewable energy generation improvements that are permanently fixed to the property. Under these municipal financing programs, property owners repay the assessments through an increase in their property taxes.

PACE as a Public-Private Partnership
PACE financing exemplifies a Public Private Partnership (PPP), uniting California State and Local policies promoting:

1. Clean energy, through the installation of solar PV panels and other non-fossil-fuel consuming mechanisms;

2. Building energy efficiency;

3. Water conservation and efficiency;

4. Seismic strengthening;

5. Electric Vehicle (EV) charging infrastructure; and

6. Wildfire suppression and safety improvements.

Collectively, these and other improvements to commercial buildings are referred to as PACE “eligible measures”.

PACE and Public Policy
PACE financing provides capital for private commercial property owners to invest in their properties to meet SB100, the 100 Percent Clean Energy Act of 2018, which requires that California power be carbon neutral (i.e.

Zero Net Energy) by 2045.

AB 802, passed October 2015, legislated the California Utilities Commission to collect energy usage data on 50,000+ square foot commercial and multifamily properties for benchmarking purposes, providing a public comparative dashboard of buildings’ energy efficiency relative to their peers. The premise is that more energy efficient buildings will have lower operating expenses and be more attractive to businesses looking to occupy commercial space within a specified jurisdiction. PACE financing can be the capital source for building owners to improve their properties to peak efficiency levels.
148
CONSIDERATION OF RESOLUTION 24-129
December 4, 2024