West Sacramento City Council
May 21, 2025

WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR

AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
MAY 21, 2025 AGENDA
Martha Guerrero, Mayor
Verna Sulpizio Hull, Mayor Pro Tem
Quirina Orozco, Council Member
Norma Alcala, Council Member
Dawnté Early, 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

2. City Manager's Office

PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL RECOGNIZING MAY AS

ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH
Objective: The purpose of this proclamation is to formally support the Asian American and Pacific Islander (AAPI) population in the City of West Sacramento and celebrate their cultural traditions, entrepreneurial spirit, and contributions to our community.

Recommendation: Staff respectfully recommends that the City Council adopt a proclamation recognizing the month of May as Asian American and Pacific Islander (AAPI) Heritage Month in the City of West Sacramento.

3. City Manager's Office
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 PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL RECOGNIZING MAY 2025 AS

MENTAL HEALTH AWARENESS MONTH
Objective: The purpose of this proclamation is to provide awareness about the need to support mental health services and education for the benefit of families and residents of West Sacramento and communities throughout Yolo County.

Recommendation: Staff respectfully recommends that the City Council adopt a proclamation recognizing May 2025 as Mental Health Awareness Month.

4. City Manager's Office
PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL RECOGNIZING MAY 11–17, 2025 AS NATIONAL POLICE WEEK AND MAY 15, 2025 AS PEACE OFFICERS’ MEMORIAL DAY Objective: The objective of this proclamation is to highlight the sacrifices of fallen officers and to honor the nearly 24,412 individuals killed in the line of duty in the United States, including Officer James H. McKnight from the West Sacramento Police Department.

Recommendation: Staff respectfully recommends that the City Council adopt a proclamation recognizing May 11–17, 2025 as National Police Week and May 15, 2025 as Peace Officers’ Memorial Day.

CONSENT AGENDA

5. Community Development

CONSIDERATION OF SECOND READING REGARDING AND ADOPTION OF LIBERTY

SPECIFIC PLAN AND RELATED LAND USE APPROVALS
Objective: This item seeks City Council consideration of the second reading and adoption of Ordinance 25-3 (amending the Zoning Code, Zoning Map, and Southport Framework Plan), Ordinance 25-2 (adopting the Liberty Specific Plan), and Ordinance 25-4 (approving a Development Agreement for the Liberty Specific Plan project).

Recommendation: Staff respectfully recommends that the City Council: 1) Find that the Liberty Specific Plan, the proposed amendments to the Zoning Code and the Southport Framework Plan for the Liberty Project, and the Liberty Development Agreement, are consistent with the California Environmental Quality Act (CEQA) based on the Environmental Impact Report (EIR) prepared for the Project (SCH No. 2016052012) and previously approved by the Planning Commission; 2) Waive second reading and adopt Ordinance 25-2 (Attachment 3) adopting the Liberty Specific Plan with (Attachment 2); 3)Waive second reading and adopt Ordinance 25-3 (Attachment 4) amending the Zoning Code, Zoning Map, and Southport Framework Plan; and 4) Waive second reading and adopt Ordinance 25-4(Attachment 6) approving a Development Agreement.

6. Community Development
CONSIDERATION OF AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING

FOR ON-DEMAND TRANSIT SERVICE
2 Objective: This report provides the City Council with an update on the West Sacramento – Downtown Sacramento OnDemand Rideshare Pilot and seeks City Council approval to extend the On-Demand Transit Service Memorandum of Understanding to continue piloting the Downtown Sacramento service area with service and operation changes to maintain overall performance of the rideshare program and reduce impacts to regional transit.

Recommendation: Staff respectfully recommend that the City Council: 1) Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Memorandum of Understanding with the Sacramento Regional Transit District and Yolo County Transportation District; and 2) Authorize the City Manager, or designee, to execute non-substantive changes or modifications to the Memorandum of Understanding with approval from the City Attorney.

7. Capital Projects

CONSIDERATION OF AWARD OF CONTRACT TO KITCHELL CEM FOR ENGINEERING AND

DESIGN SERVICES FOR THE WEST SACRAMENTO COMMUNITY CENTER HVAC REPLACEMENT PROJECT (CIP 52083)
Objective: The objective of this report is to provide the City Council with sufficient information to award a professional services contract to Kitchell CEM for engineering and design services throughout the planning, design, bid, and construction phases of the West Sacramento Community Center HVAC Replacement Project (CIP 52083).

Recommendation: Staff respectfully recommends that the City Council: 1) Find that the Community Center HVAC Replacement Project is exempt from CEQA review pursuant to the Categorical Exemption under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Article 19, Section 15301, Class 1, and find that the determination represents the independent judgment of the City; 2) Delegate authority to the City Manager, or his designee, to execute a professional services contract with Kitchell CEM for an amount not to exceed $269,000; 3) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract with Kitchell CEM, with approval from the City Attorney; and 4) Authorize the City Manager, or his designee, to execute amendments, miscellaneous design costs, or change orders up to 15% ($40,350) of the value of the contract.

8. Capital Projects
CONSIDERATION OF REJECTION OF ALL BIDS FOR THE FIRE STATION 42 EXTERIOR PAINT

AND REPAIR PROJECT
Objective: The objective of this report is to provide the City Council with sufficient information to reject all bids for the Fire Station 42 Exterior Paint and Repair Project (24-079-ITB).

Recommendation: Staff respectfully recommends that the City Council reject all bids for the Fire Station 42 Exterior Paint and Repair Project (24-079-ITB).

9. Economic Development & Housing
3 CONSIDERATION OF RESOLUTION 25-55 APPROVING MINOR CHANGES TO THE CITY OF WEST SACRAMENTO ENHANCED INFRASTRUCTURE FINANCING DISTRICT NO. 1 BUDGET POLICY
Objective: The objective of this report is to obtain City Council approval of minor changes to the City of West Sacramento Enhanced Infrastructure Financing District No. 1 (“EIFD”) Budget Policy.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 25-55 (Attachment 1) approving minor changes to the EIFD Budget Policy.

10. Finance

CONSIDERATION OF ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT AND RELATED DOCUMENTS FOR FISCAL YEAR ENDING JUNE 30, 2024 Objective: The purpose of this report is to provide the final audited Annual Comprehensive Financial Report (“Annual Report” or “ACFR”) and related documents to City Council for the fiscal year ending June 30, 2024 as required by federal and state regulations.

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

11. Finance
CONSIDERATION OF RESOLUTION 25-56 INITIATING THE LEVY OF ANNUAL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1
Objective: The objective of this report is to provide sufficient information to the City Council to adopt Resolution 25-56 initiating the levy of annual assessments for Landscaping and Lighting District #1.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 25-56, a Resolution of Intention initiating the levy of annual assessments for the Landscaping and Lighting District No. 1 and establish the date of June 18, 2025 for a public hearing under the Landscaping and Lighting Act of 1972.

12. Finance
CONSIDERATION OF RESOLUTION 25-57 INITIATING ANNUAL PROCEEDINGS UNDER THE STORM DRAIN MAINTENANCE ACT OF 1937 FOR STORM DRAIN MAINTENANCE DISTRICT NO. 1 (RALEY’S LANDING)
Objective: The objective of this report is to provide sufficient information to the City Council to adopt Resolution 25-57 initiating annual proceedings under the Storm Drain Maintenance Act of 1937 for Storm Drain Maintenance District # 1, Raley’s Landing.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 25-57 initiating annual proceedings and establishing the date for a public hearing to be conducted under the Storm Drain Maintenance District Act of 1937 (the “1937 Act”) for Storm Drain Maintenance District No. 1 (Raley’s Landing).
4 13. City Manager's Office
CONSIDERATION OF RATIFICATION OF STRATEGIC PLAN SUMMARY FOR 2025 Objective: The purpose of this report is to seek ratification of the City Council’s Strategic Plan Summary for 2025.

Recommendation: Staff respectfully recommends that the City Council review and ratify the attached 2025 Strategic Plan Summary.

PUBLIC HEARINGS
NONE.

REGULAR AGENDA

14. Economic Development & Housing
PRESENTATION TO CONSIDER THE 2025 ANNUAL ACTION PLAN FOR THE COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM
Objective: The objective of this report is to provide the City Council with information necessary to provide comments on proposed activities for Community Development Block Grant (CDBG) funding for the 2025 Annual Action Plan.

Recommendation: Staff respectfully recommends that the Council hear a presentation from staff and provide direction on the proposed activities for the CDBG Program 2025 Annual Action Plan.

15. Finance
RESOLUTION 25-43 OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

AFFIRMING THE ISSUANCE AND SALE BY THE CITY OF WEST SACRAMENTO ENHANCED INFRASTRUCTURE FINANCING DISTRICT NO. 1 OF BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $80,000,000; APPROVING RELATED PLEDGE AGREEMENT; APPROVING FACILITIES TO BE FINANCED; AND DETERMINING OTHER MATTERS IN

CONNECTION THEREWITH
Objective: The purpose of this report is to seek authorization for the issuance of not to exceed $80,000,000 of bonds (the “EIFD Bonds”) to be issued by the City of West Sacramento Enhanced Infrastructure Financing District No. 1 (the “EIFD”), to approve the related Pledge Agreement and other documents and to authorize officers to execute and deliver said documents.

Recommendation: Staff respectfully recommend that the City Council adopt Resolution 25-43 (Attachment 1) which authorizes the following actions: 1) Affirming and approving the issuance and sale by the EIFD of the City of West Sacramento Enhanced Infrastructure Financing District No. 1 bonds in an amount not to exceed $80,000,000; 2) Authorize the execution and delivery of the Pledge Agreement (Exhibit A), in substantially the form presented at this meeting; and 3) Authorize the appropriate officers of the City to do any and all things and take any and all actions and execute 5 any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transactions described in the resolution.

16. Finance
RESOLUTION 25-44 AFFIRMING THE ISSUANCE AND SALE BY THE CITY OF WEST SACRAMENTO INFRASTRUCTURE FINANCING DISTRICT NO. 1 (BRIDGE DISTRICT AREA) OF BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,500,000; APPROVING RELATED PLEDGE AGREEMENT; AND DETERMINING OTHER MATTERS IN

CONNECTION THEREWITH
Objective: The purpose of this report is to seek authorization for the issuance of not to exceed $6,500,000 of bonds (the “IFD Bonds”) to be issued by the City of West Sacramento Infrastructure Financing District No. 1 (Bridge District Area) (the “IFD”), to approve the related Irrevocable Pledge of IFD Revenues (the “Pledge Agreement”) and other documents and to authorize officers to execute and deliver said documents.

Recommendation: Staff respectfully recommend that the City Council adopt Resolution 24-44 (Attachment 1) which authorize the following actions: 1) Affirming and approving the issuance and sale by the IFD of the City of West Sacramento Infrastructure Financing District No. 1 bonds in an amount not to exceed $6,500,000; 2) Authorize the execution and delivery of the Pledge Agreement (Attachment 3), in substantially the form presented at this meeting; and 3) Authorize the appropriate officers of the City to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transactions described in the resolution.

17. Finance
CITY COUNCIL RESOLUTION 25-45 OF THE CITY OF WEST SACRAMENTO ON BEHALF OF THE INFRASTRUCTURE FINANCING DISTRICT NO. 1 (BRIDGE DISTRICT AREA) AS ITS LEGISLATIVE BODY RESOLUTION 25-45 AUTHORIZING THE ISSUANCE AND SALE OF INFRASTRUCTURE FINANCING DISTRICT NO. 1 (BRIDGE DISTRICT AREA) BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,500,000; AND DETERMINING OTHER

MATTERS IN CONNECTION THEREWITH
Objective: The purpose of this report is to seek authorization for the issuance of not to exceed $6,500,000 of bonds (the “IFD Bonds”) to be issued by the City of West Sacramento Infrastructure Financing District No. 1 (Bridge District Area) (the “IFD”), to approve the related Irrevocable Pledge of IFD Revenues (the “Pledge Agreement”) and other documents and to authorize officers to execute and deliver said documents.

Recommendation: Staff respectfully recommend that the City Council of the City of West Sacramento on behalf of the Infrastructure Financing District No. 1 (Bridge District Area) as its legislative body adopt Resolution 24-45 (Attachment 1) which authorizes the following actions: 1) Approving the issuance and sale by the IFD of the City of West Sacramento Infrastructure Financing District No. 1 bonds in an amount not to exceed $6,500,000; 2) Authorize the execution and delivery of the Pledge Agreement (Exhibit E), in substantially the form presented at this meeting; and 3) Authorize the appropriate officers of the City to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any 6 of them, may deem necessary or advisable in order to consummate the transactions described in the resolution.

18. Finance

RESOLUTION OF THE WEST SACRAMENTO FINANCING AUTHORITY APPROVING THE

FORM OF AND AUTHORIZING EXECUTION AND DELIVERY OF THE BOND PURCHASE

AGREEMENT RELATED TO THE CITY OF WEST SACRAMENTO ENHANCED INFRASTRUCTURE FINANCING DISTRICT NO. 1 TAX INCREMENT BONDS; APPROVING

OTHER ACTIONS RELATED TO THE BONDS
Objective: The purpose of this report is to seek Authority approval of a Bond Purchase Agreement related to the issuance of not to exceed $80,000,000 of bonds (the “EIFD Bonds”) issued by the City of West Sacramento Enhanced Infrastructure Financing District No. 1 (the “EIFD”), approve the related Pledge Agreement and other documents and authorize officers to execute and deliver the EIFD Bonds.

Recommendation: Staff respectfully recommend that the Authority adopt Resolution 25-46 (Attachment 1) which authorizes the following actions: 1) Approve the Bond Purchase Agreement (Exhibit A) related to the issuance and sale by the EIFD of the City of West Sacramento Enhanced Infrastructure Financing District No. 1 bonds in an amount not to exceed $80,000,000; and 2) Authorize the appropriate officers of the Authority to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transactions described in the resolution.

19. Finance

CONSIDERATION OF WEST SACRAMENTO FINANCING AUTHORITY RESOLUTION

APPROVING THE FORM OF AND AUTHORIZING EXECUTION AND DELIVERY OF THE BOND

PURCHASE AGREEMENT RELATED TO THE CITY OF WEST SACRAMENTO INFRASTRUCTURE FINANCING DISTRICT NO. 1 (BRIDGE DISTRICT AREA) TAX INCREMENT BONDS; APPROVING OTHER ACTIONS RELATED TO THE BONDS
Objective: The purpose of this report is to seek authorization for execution and delivery of the Bond Purchase Agreement related to the issuance of not to exceed $6,500,000 of bonds (the “IFD Bonds”) issued by the City of West Sacramento Infrastructure Financing District No. 1 (Bridge District Area) (the “IFD”) and authorizing officers to execute and deliver the Bond Purchase Agreement and to purchase and sell the IFD Bonds as provided herein.

Recommendation: Staff respectfully recommends that the West Sacramento Financing Authority adopt Resolution 25-47 (Attachment 1) which authorizes the following actions: 1) Authorize the execution and delivery of the Bond Purchase Agreement (Exhibit A), in substantially the form presented at this meeting related to the sale of City of West Sacramento Infrastructure District No. 1 bonds in an amount not to exceed $6,500,000; and 2) Authorize the appropriate officers of the Authority to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to complete the sale, issuance, and delivery of the Bonds and otherwise to carry out, give effect to, and comply with the terms and intent of this resolution. 7 GENERAL ADMINISTRATION FUNCTION – PART II

20. 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) ------------------------Early; Alternate - Guerrero 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 Yolo County Consolidated Redevelopment Successor Agency Oversight Board--------Sulpizio Hull

21. 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
i Request from Mayor Guerrero to issue a proclamation at the June 4, 2025 City Council meeting recognizing June 6th as National Gun Violence Awareness Day ii Request from Councilmember Early to invite the Yolo Community Foundation to give a presentation at a future City Council meeting on the 2025 State of the Sector Report F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the May 21, 2025 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted May 16, 2025 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review. 8 __________________________________________
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. 9 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 21, 2025 ITEM # 2
SUBJECT:

PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL RECOGNIZING

MAY AS ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Paul Hosley, Public Information Officer
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this proclamation is to formally support the Asian American and Pacific Islander (AAPI) population in the City of West Sacramento and celebrate their cultural traditions, entrepreneurial spirit, and contributions to our community.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing the month of May as Asian American and Pacific Islander (AAPI) Heritage Month in the City of West Sacramento.

BACKGROUND
Asian American and Pacific Islander Heritage Month is celebrated annually in the United States during the month of May. This celebration recognizes the achievements and contributions of Asian Americans and Pacific Islanders who have enriched America's history and are instrumental in its future success. The City of West Sacramento is proud to join this national observance to honor the vibrant cultures, traditions, and histories of AAPI communities.

ANALYSIS
The City of West Sacramento is home to a diverse population, including a significant number of residents who identify as Asian American and Pacific Islander. The contributions of the AAPI community to the city are numerous and varied, encompassing areas such as business, education, healthcare, arts, and public service.

By adopting this proclamation, the City Council will affirm its commitment to celebrating the diverse cultural heritage of our community and recognizing the invaluable contributions of Asian American and Pacific Islander residents. This commitment aligns with the 2025 theme, “A Legacy of Leadership and Resilience,” which honors the strength, leadership, and enduring contributions of the AAPI community throughout history and today.

Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
This action aligns with the city's values of inclusivity, diversity, and respect for all.

Alternatives
N/A
Coordination and Review
N/A
Budget/Cost Impact
N/A

ATTACHMENT
Proclamation
10 PROCLAMATION

OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING MAY 2025 AS

ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH
WHEREAS, the City of West Sacramento proudly acknowledges the rich cultural heritage and significant contributions of Asian American and Pacific Islander (AAPI) communities; and
WHEREAS, Asian American and Pacific Islander Heritage Month is celebrated annually in May to honor the history, traditions, and diverse cultures of the AAPI communities that have enriched our nation and the West Sacramento community; and WHEREAS, AAPI individuals have played a crucial role in the development and growth of the City of West Sacramento through their entrepreneurial spirit, dedication to education, commitment to community service, and contributions to the arts, sciences, government, and beyond; and
WHEREAS, the City of West Sacramento is home to a vibrant and diverse AAPI population, whose cultural traditions and values continue to enhance the social, economic, and cultural fabric of our City; and
WHEREAS, the City of West Sacramento recognizes the importance of promoting awareness and understanding of the AAPI heritage, as well as addressing the challenges faced by AAPI communities, including combating prejudice and discrimination; and WHEREAS, the City of West Sacramento stands in solidarity with the AAPI community, acknowledging their resilience, and striving to create an inclusive environment where all residents feel valued and respected, in keeping with the 2025 theme, “A Legacy of Leadership and Resilience,” which honors the strength and contributions of the AAPI community throughout history and today.

NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the West Sacramento City Council that the month of May 2025 be recognized as Asian American and Pacific Islander Heritage Month in the City of West Sacramento, and the City Council encourages all residents to celebrate the contributions of the AAPI community, to participate in events and activities that recognize their achievements, and to promote a greater understanding and appreciation of the diverse cultures that make up our city.

PROCLAIMED THIS 21st day of May, 2025.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
11 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 21, 2025 ITEM # 3
SUBJECT:

PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING MAY 2025 AS MENTAL HEALTH AWARENESS MONTH
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff
[ ] Other
Paul Hosley, Public Information Officer
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this proclamation is to provide awareness about the need to support mental health services and education for the benefit of families and residents of West Sacramento and communities throughout Yolo County.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing May 2025 as Mental Health Awareness Month.

BACKGROUND
Mental illness affects about 1 in 5 adults in the U.S., with an even higher prevalence among the homeless population in California, where it affects approximately 30 percent of individuals. Suicide remains a leading cause of death in California and continues to be the second leading cause of death among individuals aged 25 to 34.

In response to these challenges, Yolo County, in collaboration with the cities of West Sacramento, Woodland, Davis, and Winters, has initiated a range of programs and services to support individuals grappling with mental health issues. Multiple agencies and community organizations are pooling their efforts to tackle these concerns, including the Yolo County Local Mental Health Board and the Yolo County Health and Human Services Agency Wellness Centers located in West Sacramento, Woodland, and Davis.

In Fiscal Year 2022/23, 1,283 West Sacramento residents ages 1-86 engaged in mental health services with the Yolo County Health and Human Services Agency and 8,819 mental health services were provided. These numbers have more than doubled since 2020.

ANALYSIS
Adoption of this proclamation signifies the City's commitment to creating the best possible future for all people and underscores the importance of collaborating with mental health partner agencies within our community.

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

ATTACHMENT
Proclamation
12 PROCLAMATION

OF THE WEST SACRAMENTO CITY COUNCIL
DECLARING MAY 2025 AS

MENTAL HEALTH AWARENESS MONTH
WHEREAS, mental health is essential to everyone’s overall health and well-being; and WHEREAS, in California, nearly 1 in 5 adults experiences a mental illness, and 1 in 26 has a serious mental illness that makes it difficult to carry out daily activities; and WHEREAS, there are many possible risk factors that can influence how likely a person is to experience a mental health condition which include exposure to trauma; your environment and how it impacts your health and quality of life; genetics; brain chemistry; and lifestyle; and WHEREAS, 988 is now available nationwide. This new three-digit number is an easy-toremember way for people to connect with support during a mental health, substance use, or suicide crisis. Anyone in a mental health crisis can call, text, or chat with 988 and be connected to trained crisis counselors in the 988 Suicide and Crisis Lifeline network; and WHEREAS, several local agencies and community organizations are collaborating efforts to address mental health concerns including the Yolo County Local Mental Health Board, and Yolo County Health and Human Services Agency Wellness Centers in West Sacramento, Woodland, and Davis; and
WHEREAS, West Sacramento is grounded in the belief that we must look out for one another – and whether it affects our family members, friends, co-workers, or those unknown to us – we do a service for each other when we reach out and help those struggling with a mental health issue; and
WHEREAS, in Fiscal Year 2022/23, 1,283 West Sacramento residents ages 1-86 engaged in mental health services with the Yolo County Health and Human Services Agency and 8,819 mental health services were provided; these numbers have more than doubled since 2020; and
WHEREAS, significant local investments have been made to raise awareness of mental health issues and increase access to mental health services through collaborative projects such as the Crisis Intervention Team (CIT) and co-responder model which is moving Yolo County toward a more effective and compassionate crisis response system, in alignment with the 2025 Mental Health Awareness Month theme, “In Every Story, There’s Strength,” which underscores the power of individual experiences to inspire hope and resilience in our community.

NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the West Sacramento City Council that the month of May 2025 be recognized as “Mental Health Awareness Month.” PROCLAIMED THIS 21st day of May, 2025.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
13 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 21, 2025 ITEM # 4
SUBJECT:

PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING MAY 11–17, 2025 AS NATIONAL POLICE WEEK AND MAY 15, 2025 AS PEACE OFFICERS’ MEMORIAL DAY
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[] Council [ x ] Staff
[ ] Other
Paul Hosley, Public Information Officer
City Manager’s Office
ATTACHMENT [ x ] Yes [ ] No [ ] Information [ ] Direction [ ] Action

OBJECTIVE
The objective of this proclamation is to highlight the sacrifices of fallen officers and to honor the nearly 24,412 individuals killed in the line of duty in the United States, including Officer James H. McKnight from the West Sacramento Police Department.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing May 11–17, 2025 as National Police Week and May 15, 2025 as Peace Officers’ Memorial Day.

BACKGROUND
National Police Week, established to honor law enforcement officers who have lost their lives in the line of duty, has been a tradition in the United States for decades. Peace Officers’ Memorial Day, designated on May 15th, serves as a focal point of National Police Week, recognizing the sacrifices made by these brave officers.

The City of West Sacramento has a long history of supporting its law enforcement community and commemorating the sacrifices of fallen officers. With the recent addition of 345 new names to the National Law Enforcement Officers Memorial, including Officer James H. McKnight from our own West Sacramento Police Department, it is fitting for the City Council to formally recognize Peace Officers’ Memorial Day.

ANALYSIS
Adoption of this City Council proclamation reaffirms the City’s deep appreciation and respect for the law enforcement community. It honors the service and sacrifice of officers nationwide, including those from our own city, and reflects West Sacramento’s ongoing commitment to recognizing and supporting public safety personnel.

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

ATTACHMENT
Proclamation
14 PROCLAMATION

OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING MAY 11–17, 2025 AS NATIONAL POLICE WEEK AND MAY 15, 2025 AS PEACE OFFICERS’ MEMORIAL DAY
WHEREAS, there are more than 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the West Sacramento Police Department; and
WHEREAS, since the first recorded death in 1786, nearly 24,412 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty while serving their communities; and
WHEREAS, in 1962 President John F. Kennedy signed a proclamation designating May 15th as Peace Officers’ Memorial Day; and
WHEREAS, 345 new names of fallen heroes were added to the National Law Enforcement Officers Memorial, including 148 officers who died in the line of duty in 2024 and 197 from previous years whose sacrifices were recently recognized; and WHEREAS, Yolo County has endured the loss of 12 of its community protectors since 1912, including West Sacramento Police Department’s own Officer James H. McKnight in 1990; and
WHEREAS, Officer James H. McKnight faithfully served the West Sacramento community since the City’s incorporation in 1987, and he and the entire McKnight family will forever have our gratitude.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of West Sacramento does hereby recognize May 11–17, 2025 as National Police Week and May 15, 2025 as Peace Officers’ Memorial Day, and publicly salutes the service of law enforcement.

PROCLAIMED this 21st day of May, 2025.

ATTEST:

Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
15 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 21, 2025 ITEM # 5
SUBJECT:

CONSIDERATION OF SECOND READING AND ADOPTION OF LIBERTY SPECIFIC

PLAN AND RELATED LAND USE APPROVALS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Justin Hardy, Senior Planner
Community Development Department
[ ] Commission [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
This item seeks City Council consideration of the second reading and adoption of Ordinance 25-3 (amending the Zoning Code, Zoning Map, and Southport Framework Plan), Ordinance 25-2 (adopting the Liberty Specific Plan), and Ordinance 25-4 (approving a Development Agreement for the Liberty Specific Plan project).

RECOMMENDED ACTIONS
Staff respectfully recommends that the City Council:

1. Find that the Liberty Specific Plan, the proposed amendments to the Zoning Code and the Southport Framework Plan for the Liberty Project, and the Liberty Development Agreement, are consistent with the California Environmental Quality Act (CEQA) based on the Environmental Impact Report (EIR) prepared for the Project (SCH No. 2016052012) and previously approved by the Planning Commission;

2. Waive second reading and adopt Ordinance 25-2 (Attachment 3) adopting the Liberty Specific Plan with (Attachment 2);

3. Waive second reading and adopt Ordinance 25-3 (Attachment 4) amending the Zoning Code, Zoning Map, and Southport Framework Plan; and

4. Waive second reading and adopt Ordinance 25-4(Attachment 6) approving a Development Agreement.

BACKGROUND
After West Sacramento was incorporated in 1987, the City adopted its first General Plan in 1990. As required by State Law, the 1990 General Plan identified broadly-defined land use designations for the entire city, as well as the general locations for arterial roadways, parks, and pedestrian corridors. Under the 1990 General Plan, the primary land use designations for the Southport area were Planned Residential (PR) and Agricultural (AG).

Development within the PR designation was intended to occur through adopted master development plans encompassing a minimum of 200 acres. The City subsequently received several applications requesting land development entitlements within Southport. The City soon realized that a more focused planning effort in Southport would ensure a cohesive, integrated, and well-planned Southport community. The result of that effort was the Southport Framework Plan, which was adopted in 1995. The Framework Plan refined the General Plan by establishing an overall vision and creating more detailed policy guidance for Southport. This included dividing Southport into four distinct quadrants, or villages (Northwest Village, Northeast Village, Southeast Village, and Southwest Village), each intended to have its own character, lifestyle, and predominant architectural theme. For each village, the City adopted a land use map showing conceptual alignments for major roadways and more detailed specifications of permitted uses (using the land use designations from the 1990 General Plan). When the City adopted an updated General Plan in 2016, it essentially replicated the land use designations shown in the Framework Plan for as-yet-undeveloped areas of Southport. In doing so, much of the land use regulatory intent of the Framework Plan shifted to the citywide General Plan.

California State Planning Law establishes specific plans to provide a greater level of specificity than a community-wide general plan for planning areas of special interest or value to a city or county. They are tools to implement general plans that can be initiated and prepared either by local government planning agencies or by private interests. The City Council has the authority to adopt specific plans based on recommendations by the Planning Commission.

The LSP, which is the only privately initiated specific plan in the city, was developed by and is being proposed by the landowner, the Paik Family Trust ("Applicant”), as the approach to developing approximately 342 acres in the Northeast Village of Southport. The Liberty Project is one of three large projects proposed in the larger Southport area. The other two projects, Yarbrough (713 acres) and River Park (434 acres), are located in the Southwest and Southeast Villages, respectively. As shown in Attachment 1, the Liberty site is generally 16 Liberty Specific Plan Second Reading
May 21, 2025

bounded on the east by the Sacramento River setback levee; on the south by Davis Road; on the west by the Clarksburg Branch Line Trail; and on the north (from east to west) by Linden Road, Bastone Estates, the Linden Acres community, the Linden South subdivision, and the Parlin Ranch residential development.

Once adopted, specific plans become part of the local government’s planning framework. Accordingly, the City of West Sacramento has regulatory authority over the implementation of the LSP, including ensuring that development is consistent with it. In exercising this authority, the City would account for the interests of the community stakeholders, including current and future residents of the area. A variety of private sector stakeholders would also play key roles in implementing the vision of the LSP, ranging from the original landowner/applicant to an assortment of successors in interest. See detailed description of the LSP below under “Draft Liberty Specific Plan (LSP).”
To clearly establish the Applicant’s development rights, as well as responsibilities associated with development of the property, the City has collaborated with the Applicant to prepare a Development Agreement (DA). In addition to detailing the development rights the Applicant will receive, the DA describes the public facilities and services the Applicant will construct or contribute to the construction of, as well as other financial contributions the Applicant will provide. The City Council has the authority to approve development agreements, with Planning Commission recommendations. See detailed description below under “Development Agreement.” On January 30, 2025, the Planning Commission conducted a public hearing on the Liberty project. At the conclusion of the meeting the Planning Commission voted to approve the Liberty Environmental Impact Report (EIR), Final EIR, Findings of Fact and Statement of Overriding Considerations, mitigation monitoring and reporting plan and vesting subdivision tentative map (VTSM). The motion also included a recommendation (Resolution 25-2PC) to the City Council for the following:
 Adoption of the Liberty Specific Plan (Ordinance 25-2).  Amending the zoning code/zoning map and the Southport Framework Plan (Ordinance 25-3).  Amending the General Plan 2035 (Resolution 25-18).
 Adoption of a Development Agreement (Ordinance 25-4).

Two of the actions that the Planning Commission took at its January 30, 2025, hearing were subject to appeal to the City Council: Certification of the EIR (Resolution 25-1PC) and approval of the VTSM (25-3PC). The Planning Commission’s approval of recommendations to the City Council (Resolution 25-2PC) was not appealable because final approval authority for the covered actions already rests with the City Council.

On February 4, 2025, the City Clerk received an appeal of the Commission’s actions from Kimber Goddard, a resident of West Sacramento. Mr. Goddard’s appeal covered “each and every appealable act, action and decision pertaining thereto.” On February 6, 2025, the City Clerk received an appeal from Matthew Keasling of Taylor, Wiley & Keasling, representing Mark Gill, a resident of the Parella Estates neighborhood in Southport. It was an appeal of the Commission’s “decision to certify the Liberty Project's Environmental Impact Report ("EIR") and approve the Liberty Project's tentative subdivision map.” On March 4, 2025, Mr. Keasling withdrew his appeal based on an agreement by the Applicant to make certain changes to the Draft LSP, as recommended by the Planning Commission on January 30, 2025.

On March 5, 2025, the City Council held a duly noticed public hearing to consider the appeals. Following deliberation, the Council voted to uphold the Planning Commission’s decisions, thereby denying the appeal submitted by Mr. Goddard.

On April 30, 2025, The City Council held a duly noticed public hearing to approve the amendment to the General Plan and to consider the first reading on the Liberty Specific Plan project, which included the following:
 Amendments to the Zoning Code, Zoning Map, and the Southport Framework Plan  Adoption of the Liberty Specific Plan
 Approval of the Development Agreement
At the conclusion of the public hearing, the City Council voted 3–0 to approve the General Plan amendment as presented and to approve first reading of the Zoning Code, Southport Framework Plan, Liberty Specific Plan and Development Agreement, with the revisions to the Specific Plan proposed by the applicant. The approved revisions have been incorporated into the Liberty Specific Plan document (Attachment 2). 17 Liberty Specific Plan Second Reading
May 21, 2025

ANALYSIS
Draft Liberty Specific Plan (LSP)
Specific Plan Content
To comply with State Law, specific plans must include the following: a land use map or diagram; a description of the infrastructure necessary to serve the proposed land uses; development standards; an explanation of how land use regulations, development standards, and infrastructure improvements will be implemented (including financing measures); and an explanation of the relationship of the specific plan to the applicable general plan. The LSP (Attachment 2) addresses all these requirements with a combination of detailed narrative, maps, tables, and charts.

The Applicant and City Staff have collaborated to ensure that the content included in these sections not only addresses the requirements of State Law, but does so in a fashion that will facilitate ongoing implementation of the LSP. This includes ensuring that information is presented in a fashion that enables objective interpretation by the City Council, Planning Commission, City staff, and other stakeholders, including existing and future residents and prospective development interests.

Specific Plan Land Use and Development Entitlements
The LSP Land Use Plan would support the development of a primarily residential community consisting of 1,503 single-family detached, single-family attached, and multi-family residences. The project would also include supportive uses such as a centrally located recreation area called “The Commons” that would contain private recreational amenities and a small neighborhood commercial site permitting with up to 10,000 square feet of retail and service uses. Finally, the Specific Plan calls for an integrated network of parks and open spaces, including a community park, several neighborhood and pocket parks, and greenbelts.

Specific Plan Adoption
State Law stipulates that specific plans may be adopted either by resolution or by ordinance, with the caveat that provisions of specific plans that establish the zoning for the specific plan area must be adopted by ordinance. Because the land use, development, and design standards in the LSP would effectively operate as the zoning for the area covered by the LSP, it would be adopted by ordinance. State Law further requires that specific plans be subject to public hearings by both the local planning commission and the legislative body, after which the specific plan must be adopted by the legislative body to be in effect. In the case of the LSP, the West Sacramento Planning Commission conducted a public hearing in advance of formulating and conveying recommendations to the City Council for its consideration. The Council, as the legislative body, will consider the Commission’s recommendations in conjunction with conducting its own hearing process prior to adopting the LSP.

Development Agreement
State law (Government Code Sections 65864 through 65869.5) authorizes local governments and any entities having a legal or equitable interest in real property to enter into development agreements that establish certain development rights in that property, as well as responsibilities associated with development of the property.

Consistent with the provisions of State law, Chapter 17.43 of the City of West Sacramento Zoning Code outlines procedures and requirements for considering and entering into legally binding development agreements with applicants for development projects. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accordance with policies, rules, and regulations in effect at the time of the approval, subject to conditions to promote the orderly planning of public improvements and services; allocate costs to achieve maximum utilization of public and private resources in the development process; and ensure that appropriate measures to enhance and protect the environment are achieved.

The Liberty Development Agreement (DA) is the product of a highly detailed and extensive collaborative process involving multiple stakeholders, including the Applicant, City management, Planning Division Staff, and the City Attorney. The agreement aligns with the City’s established priorities and relevant council-approved policies (Attachment 5).

Southport Framework Plan Amendments
After West Sacramento was incorporated in 1987, the City adopted its first General Plan in 1990. As required by State Law, the 1990 General Plan identified broadly-defined land use designations for the entire city, as well as the general locations for arterial roadways, parks, and pedestrian corridors. Under the 1990 General Plan, the primary land use designations for the Southport area were Planned Residential (PR) and Agricultural (AG).

Development within the PR designation was intended to occur through adopted master development plans encompassing a minimum of 200 acres. The City subsequently received several applications requesting land development entitlements within Southport. The City soon realized that a more focused planning effort in 18 Liberty Specific Plan Second Reading
May 21, 2025

Southport would ensure a cohesive, integrated, and well-planned Southport community. The result of that effort was the Southport Framework Plan, which was adopted in 1995.

The Framework Plan refined the General Plan by establishing an overall vision and creating more detailed policy guidance for Southport. This included dividing Southport into four distinct quadrants, or villages (Northwest Village, Northeast Village, Southeast Village, and Southwest Village), each intended to have its own character, lifestyle, and predominant architectural theme. For each village, the City adopted a land use map showing conceptual alignments for major roadways and more detailed specification of permitted uses (using the land use designations from the 1990 General Plan). In 2006, the City Council approved Resolution 06-63, which established advisory review procedures for approving major Southport development projects (i.e., projects proposing more than 300 residential units). The resolution outlined several criteria for evaluating projects, including consistency with the General Plan and Framework Plan and minimization of conflicts with existing uses. It also included several criteria reflecting statutory requirements for specific plans (e.g., infrastructure planning and funding, development phasing). When the City adopted the updated General Plan in 2016, it essentially replicated the land use designations shown in the Framework Plan for as-yetundeveloped areas of Southport and included as policy many of the principles of the Framework Plan and Resolution 06-63. In doing so, much of the land use regulatory intent of the Framework Plan and Resolution 06-63 shifted to the citywide General Plan. As it relates to the design of the Liberty Specific Plan, these principles are most evident in the manner in which the Land Use Plan addresses adjacency to existing neighborhoods. In these areas, the Land Use Plan shows land use designations with similar densities and similar lot configurations.

State Planning Law requires that specific plans be consistent with the local general plan and other adopted plans for the area covered by the specific plan. The LSP has been prepared to be consistent with the goals, policies, and programs of the West Sacramento General Plan and the Southport Framework Plan. Thus, no changes to the text of either the General Plan or the Southport Framework Plan will be required. The proposed location and configuration of uses depicted in the LSP Land Use Plan, however, differ from those shown on the General Plan Land Use Diagram and the Southport Framework Plan Land Use Map. To establish consistency, amendments to the General Plan Land Use Diagram and Southport Framework Plan Land Use Map are required. As depicted in Exhibit 1-6 from the Specific Plan, these amendments will replicate the configuration and land use types from the LSP Land Use Plan (Exhibit 5-3), using the land use designations from the existing plans that most closely align with the LSP land use types. The City Council approved the amendment to the General Plan at its meeting of April 30.

Rezoning
State Planning Law requires that local zoning be consistent with specific plans. Because the development and design standards included in the LSP will replace the City’s Zoning Code provisions for the area covered by the Specific Plan, establishing consistency will involve two changes. First, Section 17.15.030.C of the City’s Zoning Code is reserved for the LSP; it will be updated to read, “See the Liberty Specific Plan on file with the City of West Sacramento.” Second, the classifications shown on the City’s Zoning Map will be replaced with white (no classification) with a notation to “Refer to the Liberty Specific Plan as the regulatory document.”

REQUIRED FINDINGS AND ANALYSIS

DEVELOPMENT AGREEMENT FINDINGS
A) That the proposed Development Agreement will not adversely affect the orderly development of or preservation of property values;
Analysis: The proposed Development Agreement aligns with the policies of the General Plan, and provides for the timing, responsibility, and scope of both public and private improvements. In addition, the provision of additional housing units, including those as affordable units, is consistent with the goals and objectives of the Housing Element of the General Plan. Transportation improvements, including those associated with Village Parkway, Davis Road, and Linden Road, will improve connectivity and ensure safe mobility alternatives for those living in the Southport area.

Finding A appears to be met by this request.

B) That the proposed Development Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5;
Analysis: California Government Code Sections 65864 through 65869.5 contain the State code regulating development agreements. The proposed development agreement, to ensure consistency with the proposed land use designation and zoning and to memorialize the financial obligations of the developer and the City, is being conducted in accordance with the Government Code.

Finding B appears to be met by this request. 19
Liberty Specific Plan Second Reading
May 21, 2025

General Plan Consistency
Development Agreement amendments are consistent with Land Use (LU) Goal LU-3.11 in the City of West Sacramento’s General Plan 2035, Southport Development, which is guided by the following principles:
 Concentrate community commercial, high-density residential and public facilities uses in nodes along major and minor arterials.
 The Liberty Specific Plan strategically positions residential units along key transportation corridors, such as the provision of the affordable housing site along Village Parkway, Traffic control measure with roundabouts on Village Parkway and Davis Road to assist with traffic safety and flow. This enhances accessibility and supports the efficient use of infrastructure. The project’s focus on a mix of uses ensures that public facilities are easily accessible to residents, promoting a vibrant and integrated community hub with project layout and design.
 Emphasize a mixture of residential types and densities, while concentrating on homeownership as a general goal. The project includes multifamily affordable housing and market rate housing as well.  The project includes a diverse range of residential options, from a range in densities of Estate/singlefamily homes to medium-density multi-family developments. This variety caters to different demographics, including families, young professionals, and seniors. However, most products are ownership of single-family residential units. By promoting homeownership, the Liberty Specific Plan aims to foster a sense of stability and investment in the community. The mixture of housing types also helps in creating an inclusive community that accommodates a wide range of income levels and lifestyles.
 Ensure that ample buffers are established between incompatible land uses. The project generally is less dense on the outer edges and intensifying in the interior. The project design also addresses the components of Resolution 06-63.
 The project design includes thoughtful planning of buffer zones to mitigate potential conflicts between different land uses, such as the buffers planned along the Davis Road that would provide a greater distance between the low-density properties in the Liberty Specific Plan area from the rural residential areas to the south of the project. In addition, residential neighborhoods enjoy green spaces and landscaped buffers, ensuring that the quality of life for residents is not compromised by noise or traffic from transportation corridors. These buffers also contribute to the aesthetic appeal of the community and provide recreational opportunities for residents.

Strategic Plan Integration
The recommended action supports the City Council’s 2022 Strategic Plan Policy Agenda Goal related to the “Southport Framework Plan Refinement.” The Southport Framework Plan was developed to provide “…an overall vision and guide for Southport as it develops.” The Liberty Project advances this goal by contributing to increased housing variety, the inclusion of community amenities, opportunities for mixed-use development, and the integration of sustainable planning principles consistent with the master plan.

Additionally, the project aligns with the City’s 2019 Strategic Plan Goal of a “Fiscally Sound City Providing Quality Service.” Staff has evaluated the project and determined that the combination of thoughtful project design, the formation of a Community Facilities District (CFD), and the implementation of a Development Agreement collectively support and advance this fiscal sustainability goal.

Alternatives
The Council’s primary alternatives are summarized below.

1. Find that the Liberty Specific Plan, the proposed amendments to the Zoning Code and the Southport Framework Plan for the Liberty Project, and the Liberty Development Agreement, are consistent with the California Environmental Quality Act (CEQA) based on the Environmental Impact Report (EIR) prepared for the Project (SCH No. 2016052012); and
a. Waive second reading and adopt Ordinance 25-2 (Attachment 3) adopting the Liberty Specific Plan with (Attachment 2); and
b. Waive second reading and adopt Ordinance 25-3 (Attachment 4) amending the Zoning Code, Zoning Map, and Southport Framework Plan; and
c. Waive second reading and adopt Ordinance 25-4 (Attachment 6) approving the Development Agreement.

2. Find that the required findings for taking the recommended actions cannot be made for specific reasons articulated by the City Council and deny approval of the Project.

3. Continue the item to a future date and request that additional information be provided at that time. 20 Liberty Specific Plan Second Reading
May 21, 2025

Alternative 1 is Staff’s recommendation. While Staff believes the analysis presented in this report is correct and sufficient, Staff is prepared to effectuate Alternatives 2 or 3 or any of the options presented by Staff at the Council’s direction.

Coordination and Review
This report was prepared in coordination with multiple City departments and divisions to ensure comprehensive review and input. Contributors included the Planning Division, Development Engineering, and Transportation and Mobility Divisions of the Community Development Department, as well as the Finance Department, Fire Department, Police Department, Public Works Department, Parks and Recreation Department, and the City Attorney’s Office.

Budget/Cost Impact
The Applicant is paying for staff’s review of the project through a reimbursement agreement.

ATTACHMENTS
Attachment 1. Location Map
Attachment 2. Liberty Specific Plan
Attachment 3. Ordinance 25-2 (City Council adoption of Liberty Specific Plan) Attachment 4. Ordinance 25-3 (City Council adoption amending the Zoning Code, Zoning Map and Southport Framework Plan)
Attachment 5. Development Agreement
Attachment 6. Ordinance 25-4 (City Council adoption of the Development Agreement) 21 Attachment 2
Detailed Location Map
22 ATTACHMENT 3
ORDINANCE 25-2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

ADOPTING THE LIBERTY SPECIFIC PLAN
WHEREAS, Sue K. Paik, As Trustee Of The Survivor’s Trust Created Under The Young J. Paik Family Trust, has initiated a proposed Liberty Project (“Project”), which covers APNs 46-050-058, 046- 050-073, 046-050-083, 046-050-084, 046-100-003, 046-100-006, 046-100-015, 046-100-016, 046-100- 019, and 046-100-022 and includes amending the City of West Sacramento General Plan Land Use Diagram from the current general plan designations to designations reflecting those in the Liberty Specific Plan Land Use Plan; adopting the Liberty Specific Plan; amending the West Sacramento Zoning Code to replace the current Zoning Map designations and Zoning Code text with notations referring to the land use and development standards defined in the Liberty Specific Plan; amending the Southport Framework Plan Land Use Map to reflect the Liberty Specific Plan Land Use Plan; approving a Development Agreement; and approving a Vesting Tentative Subdivision Map; and WHEREAS, on January 30, 2025, the City of West Sacramento Planning Commission conducted a duly public hearing and adopted Resolution 25-2PC, recommending among other things, that the City Council approve the Liberty Specific Plan; WHEREAS, on April 30, 2025, the City of West Sacramento City Council conducted a duly noticed public hearing on the Liberty Specific Plan, and has duly considered all information presented to it including the staff reports, Planning Commission recommendation, and public testimony; WHEREAS, the City of West Sacramento Planning Commission, by Resolution 25-1PC, has reviewed and certified the FEIR (SCH#2016052012), adopted the Findings of Fact/Statement of Overriding Considerations, and approved the Mitigation Monitoring and Reporting Program for the Project in accordance with CEQA.

The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of this Ordinance is to adopt the Liberty Specific Plan.

Section 2. Enactment. The Liberty Specific Plan, which is on file with the City Clerk and is incorporated herein by this reference, is hereby enacted.

Section 3. Severability. If any provision or section of this Ordinance is determined to be unenforceable, invalid or unlawful, such determination shall not affect the enforceability of the remaining provisions of the Ordinance.

Section 4. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption, and pursuant to Resolution 99-46, shall be published in summary format prior to adoption and a summary shall be published within fifteen (15) days after adoption in a paper of general circulation published and circulated within the City of West Sacramento. 23 ATTACHMENT 3
PASSED AND ADOPTED by the City Council of the City of West Sacramento on this 21st day of May 2025 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Martha Guerrero, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ ___________________________
Jennifer Cusmir, City Clerk Jeffery Mitchell, City Attorney 24 ATTACHMENT 4
ORDINANCE 25-3

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AMENDING THE

WEST SACRAMENTO ZONING MAP AND ZONING CODE AND THE SOUTHPORT FRAMEWORK

PLAN IN THE NORTHEAST VILLAGE OF SOUTHPORT
WHEREAS, Sue K. Paik, As Trustee Of The Survivor’s Trust Created Under The Young J. Paik Family Trust, has initiated a proposed Liberty Project (“Project”), which covers APNs 46-050-058, 046- 050-073, 046-050-083, 046-050-084, 046-100-003, 046-100-006, 046-100-015, 046-100-016, 046-100- 019, and 046-100-022 and includes amending the City of West Sacramento General Plan Land Use Diagram from the current general plan designations to designations reflecting those in the Liberty Specific Plan Land Use Plan; adopting the Liberty Specific Plan; amending the West Sacramento Zoning Code to replace the current Zoning Map designations and Zoning Code text with notations referring to the land use and development standards defined in the Liberty Specific Plan; amending the Southport Framework Plan Land Use Map to reflect the Liberty Specific Plan Land Use Plan; approving a Development Agreement; and approving a Vesting Tentative Subdivision Map; and
WHEREAS, on January 30, 2025, the City of West Sacramento Planning Commission conducted a public hearing and adopted Resolution 25-2PC, recommending among other things, the City Council approve the Amendment to the Zoning Map, Zoning Code, and Southport Framework Plan; and WHEREAS, on April 30, 2025, the City of West Sacramento City Council conducted a duly noticed public hearing on the Liberty Specific Plan, and has duly considered all information presented to it including the staff reports, Planning Commission recommendation, and public testimony; and WHEREAS, The City of West Sacramento Planning Commission, by Resolution 25-1PC, has reviewed and certified the FEIR (SCH#2016052012), adopted the Findings of Fact/Statement of Overriding Considerations, and approved the Mitigation Monitoring and Program for the Project in accordance with CEQA.

The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of this Ordinance is to amend the West Sacramento Zoning Map by replacing the current underlying zoning for the Project parcels with a notation deferring to the land use and development standards defined in the Liberty Specific Plan; amend Section 17.15.030.C of the City’s Zoning Code to read, “See the Liberty Specific Plan on file with the City of West Sacramento;” and amend the Southport Framework Plan Land Use Map to reflect the Liberty Specific Plan Land Use Plan. These amendments are authorized pursuant to California Government Code Sections 65853 through 65857 and the Municipal Code of the City of West Sacramento.

Section 2. Enactment. The amendments to the West Sacramento Zoning Map and Zoning Code text and the Southport Framework Plan, which are on file with the City Clerk and are incorporated herein by this reference, are hereby enacted.

Section 3. Severability. If any provision or section of this Ordinance is determined to be unenforceable, invalid or unlawful, such determination shall not affect the enforceability of the remaining provisions of the Ordinance.

Section 4. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption, and pursuant to Resolution 99-46, shall be published in summary format prior to adoption and a summary shall be published within fifteen (15) days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento on this 21st day of May 2025 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
25 ATTACHMENT 4
________________________________
Martha Guerrero, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
Jennifer Cusmir, City Clerk Jeffery Mitchell, City Attorney 26 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025

LIBERTY DEVELOPMENT AGREEMENT

BETWEEN THE

CITY OF WEST SACRAMENTO
AND
SUE K. PAIK, AS TRUSTEE OF THE SURVIVOR’S TRUST CREATED UNDER THE YOUNG J. PAIK FAMILY TRUST
27 Liberty Development Agreement

TABLE OF CONTENTS
Page
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
AUTHORIZATION .......................................................................................................... 1 PUBLIC HEARING ......................................................................................................... 1 ENVIRONMENTAL REVIEW. ........................................................................................ 1 NEED FOR SERVICES AND FACILITIES. .................................................................... 1

CONSTRUCTION AND CONTRIBUTION TO COSTS OF FACILITIES AND SERVICES. .................................................................................................................... 1 PUBLIC BENEFITS. ....................................................................................................... 2 LANDOWNER ASSURANCES. ..................................................................................... 2

CONSISTENCY WITH GENERAL PLAN, SOUTHPORT FRAMEWORK PLAN, AND LIBERTY SPECIFIC PLAN .................................................................................... 2 DEFINITIONS ................................................................................................................ 3

1. INCORPORATION OF RECITALS ...................................................................... 7

2. RELATIONSHIP OF CITY AND LANDOWNER .................................................. 7

3. REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS ................ 7

3.1 Title to Property ........................................................................................ 7

3.2 Authority.. .................................................................................................. 7

3.3 Brokers ..................................................................................................... 7

3.4 Procedures and Requirements ................................................................. 7

4. EFFECTIVE DATE, TERM, AND TERMINATION. .............................................. 7

4.1 Effective Date. .......................................................................................... 7

4.2 Term. ........................................................................................................ 8

4.3 Extension.. ................................................................................................ 8

4.4 Expiration .................................................................................................. 8

4.5 Automatic Termination upon Completion and Sale of Individual Lots ....... 8

4.6 Termination by Mutual Consent ................................................................ 8

4.7 Effect of Termination.. ............................................................................... 8

5. PROJECT APPROVALS AND VESTED RIGHTS. .............................................. 9

5.1 Project Approvals. ..................................................................................... 9

5.2 Reserved Powers Relating to Project Entitlements and Approvals ........... 9

5.3 Meet and Confer ..................................................................................... 10

5.4 Further Reviews. ..................................................................................... 10

5.5 Referendum ............................................................................................ 11

6. SUBDIVISION MAPS. ....................................................................................... 11

6.1 Term of Tentative Subdivision Maps. ...................................................... 11

6.2 Vesting Tentative Maps.. ........................................................................ 11

7. APPLICABLE RULES, REGULATIONS, FEES AND OFFICIAL POLICIES. ..... 11

7.1 Rules Regarding Design and Construction ............................................. 11 28 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025

7.2 Building Codes Applicable ...................................................................... 11

7.3 Fees, Dedications, Assessments, and Taxes ......................................... 12

7.4 Funding Commitments. ........................................................................... 13

7.5 Infrastructure Improvements. .................................................................. 20

8. IMPROVEMENT SECURITY. ............................................................................ 24

8.1 Payment and Performance Bonds. ......................................................... 24

8.2 Guarantee and Warranty Security .......................................................... 25

8.3 Release of Security. ................................................................................ 25

9. PERMITTED USES ........................................................................................... 26

10. AFFORDABLE HOUSING OBLIGATIONS. ....................................................... 26

10.1 Liberty Affordable Housing ...................................................................... 26

11. COMPREHENSIVE PLANS. ............................................................................. 28

11.1 Land Use Plan ........................................................................................ 28

11.2 Mobility Plan ........................................................................................... 28

11.3 Utility Plan ............................................................................................... 28

11.4 Development Financing .......................................................................... 28

11.5 Infrastructure Phasing. ............................................................................ 28

11.6 Development Standards. ........................................................................ 28

11.7 Landscape Design Guidelines ................................................................ 28

11.8 Architectural Design Guidelines. ............................................................. 28

11.9 Community Safety Design Guidelines. ................................................... 28

12. FINANCING. ...................................................................................................... 29

12.1 Funding for Infrastructure Improvements. ............................................... 29

12.2 Funding for Maintenance and Public Services ........................................ 29

12.3 Obligation to Fund Cost of CFD Formation ............................................. 30

13. HOMEOWNERS ASSOCIATION ...................................................................... 30

14. AMENDMENT OR CANCELLATION.30

14.1 Amendment by Mutual Consent .............................................................. 30

14.2 Insubstantial Amendments ...................................................................... 30

14.3 Amendment of Project Approvals ........................................................... 31

15. RIGHTS AND DUTIES OF MORTGAGE LENDERS IN POSSESSION OF PROPERTY ....................................................................................................... 31

16. ANNUAL REVIEW OF AGREEMENT ............................................................... 31

16.1 Review Date. .......................................................................................... 31

16.2 Procedures. ............................................................................................ 31

16.3 Fee for Annual Review............................................................................ 32

17. DEFAULT. ......................................................................................................... 32

17.1 Default .................................................................................................... 32

17.2 Notice ...................................................................................................... 32

17.3 Cure ........................................................................................................ 32 29 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025

17.4 Remedies ................................................................................................ 32

17.5 Additional Procedures and Remedies ..................................................... 32

17.6 Building Permits ...................................................................................... 32

17.7 Waiver of Damages. ............................................................................... 33

17.8 Rescission .............................................................................................. 33

18. LANDOWNER’S OBLIGATION TO MAINTAIN UNIMPROVED LAND ............. 33

18.1 General Obligation .................................................................................. 33

18.2 WUSD Parcel .......................................................................................... 33

19. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS ................................ 34

20. INSURANCE. .................................................................................................... 34

20.1 Public Liability and Property Damage Insurance .................................... 34

20.2 Workers’ Compensation Insurance ......................................................... 34

21. BINDING EFFECT ON SUCCESSORS. ........................................................... 35

21.1 Assignment ............................................................................................. 35

21.2 Subsequent Assignments ....................................................................... 35

21.3 Runs with the Land ................................................................................. 36

22. FURTHER ASSURANCES, CONSENT, COOPERATION AND
IMPLEMENTATION. .......................................................................................... 36

22.1 Further Executions. ................................................................................. 36

22.2 Subsequent Approvals ............................................................................ 36

23. MISCELLANEOUS. ........................................................................................... 37

23.1 Prevailing Wages. ................................................................................... 37

23.2 Estoppel Certificate ................................................................................. 37

23.3 Recordation ............................................................................................ 37

23.4 Notices .................................................................................................... 38

23.5 References to Municipal Code ................................................................ 38

23.6 Third Party Beneficiaries ......................................................................... 38

23.7 Force Majeure. ........................................................................................ 38

23.8 Bankruptcy .............................................................................................. 39

23.9 Attorney’s Fees and Costs in Legal Actions by Parties to the Agreement .............................................................................................. 39

23.10 Attorney’s Fees and Costs in Legal Actions by Third Parties to the Agreement. ............................................................................................. 39

23.11 Liability of City Officials ........................................................................... 39

23.12 Delegation ............................................................................................... 39

23.13 Severability. ............................................................................................ 39

23.14 Integration.. ............................................................................................. 39

23.15 Counterparts ........................................................................................... 39

23.16 Interpretation. .......................................................................................... 39

23.17 Inconsistency .......................................................................................... 39

23.18 Incorporation ........................................................................................... 40

23.19 Compliance with Laws ............................................................................ 40 30 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025

23.20 Applicable Law and Venue. .................................................................... 40

23.21 Time of the Essence ............................................................................... 40 31 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
1 LIBERTY DEVELOPMENT AGREEMENT
This Liberty Development Agreement (“Agreement”) is entered between the City of West Sacramento, a municipal corporation (“City”) and Sue K. Paik, as trustee of the Survivor’s Trust created under the Young J. Paik Family Trust dated March 26, 1991 (“Landowner”).

City and Landowner are hereinafter collectively referred to as the “Parties” and singularly as “Party.”

RECITALS

1. Authorization.

To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and any person having a legal or equitable interest in the real property to enter into a development agreement, establishing certain development rights in the Property which is the subject of the development project application.

2. Public Hearing.

The Planning Commission of the City, serving as the City’s planning agency for purposes of development agreement review pursuant to Government Code section 65867, considered this Agreement and recommended approval of this Agreement to the City Council.

3. Environmental Review.

The Planning Commission certified as adequate and complete, the Environmental Impact Report (“EIR”) for the Project in Resolution 25-1PC. Mitigation measures were identified in the EIR. The Planning Commission adopted Mitigation Measures, as reflected in the CEQA findings of fact adopted by the Planning Commission, and in the City’s Mitigation Monitoring and Reporting Program. The Mitigation Measures adopted by the City are incorporated into the Project and into the terms and conditions of this Agreement, as reflected by the CEQA findings of fact adopted by the Planning Commission.

4. Need for Services and Facilities.

Development of the Property will result in a need for municipal services and facilities, some of which services and facilities will be provided by the City to the Project, subject to the performance of Landowner’s obligations hereunder.

5. Construction and Contribution to Costs of Facilities and Services.

Landowner agrees to construct some and contribute to the costs of other public facilities and services as required herein to mitigate impacts on the community of the development 32 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
2 of the Property as set forth herein to assure that Landowner may proceed with and complete development of the Property in accordance with the terms of this Agreement.

City and Landowner recognize and agree that, but for Landowner’s contributions to mitigate the impacts arising as a result of development entitlements granted pursuant to this Agreement, City would not and could not approve the development of the Property as provided by this Agreement and that, but for City’s covenant to provide certain facilities and services for development of the Property, Landowner would not and could not commit to provide the mitigation as provided by this Agreement. City’s vesting of the right to develop the Property, as provided herein, is in reliance upon and in consideration of Landowner’s agreement to make contributions towards the cost of public improvements as herein provided to mitigate the impacts of development of the Property as development occurs and as consistent with this Agreement.

6. Public Benefits.

Development of the Project will result in significant public benefits, as more fully described hereinafter, including, without limitation:

6.1 Implementation of the development goals set forth in the General Plan and Southport Framework Plan;

6.2 The provision of additional recreational opportunities and the enhancement of the appearance of the Southport area;

6.3 The provision of services within walking distance to the development, as well as opportunities for employment;

6.4 The provision of a mixed-use development that is a logical extension of adjacent uses;

6.5 The furtherance of the goals and objectives of the City’s affordable housing plan.

7. Landowner Assurances.

In exchange for the benefits to the City in the preceding Recitals, together with the other public benefits that will result from the development of the Property, Landowner will receive by this Agreement assurance that it may proceed with the Project in accordance with the Project Approvals, and therefore, desires to enter into this Agreement.

8. Consistency with General Plan, Southport Framework Plan, and Liberty Specific Plan.

Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, in City Ordinance No. 25-4, the City found that this Agreement satisfies the Government Code section 65867.5 requirement of general plan consistency.

The City has also found that this Agreement is consistent with the Southport Framework Plan, a planned development overlay, as well as the Liberty Specific Plan. 33 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
3 NOW, THEREFORE, in consideration of the above Recitals and mutual promises, conditions and covenants of the Parties contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

DEFINITIONS
In this Agreement, unless the context otherwise requires, terms have the following meaning. Capitalized terms within the Exhibits not defined below have the meaning set out in the Exhibits.

1. “Adopting Ordinance” means Ordinance No. 25-4, adopted by the City Council on May 21, 2025, which approves this Development Agreement as required by the Development Agreement Law.

2. “Agreement” means this Development Agreement, inclusive of all Exhibits attached hereto.

3. “CBLT” means the Clarksburg Branch Line Trail, a recreational trail running approximately north/south through the Southport area of the City.

4. “CEQA” means the California Environmental Quality Act, as set forth at California Public Resources Code, Division 13, commencing at Section 21000 and the CEQA Guidelines as set forth in Title 14 of the California Code of Regulations commencing at Section 15000.

5. “CFD” means a Community Facilities District formed pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code § 53311 et seq.) formed for the purpose of funding public facilities and/or public services.

6. “City” means the City of West Sacramento, including its agents, officers, employees, representatives and elected and appointed officials.

7. “City Manager” means the City Manager of the City of West Sacramento, or his or her designee.

8. “Collective Standards” means: (i) the provisions of this Development Agreement; (ii) the Project Approvals; (iii) land use entitlements and approvals to the Project and the Property that may be granted following the Effective Date; and (iv) Existing Land Use Regulations, except to the extent that they are collectively or individually subject to the Reserved Powers described in Section 5.2.

9. “Development Agreement Law” means Government Code section 65864 et seq. and the procedures and requirements for the consideration of development agreements contained in City Resolution No. 88-111, as amended by City Council Resolution No. 96-62. In the event of a conflict, the requirements of Government Code section 65864 et seq. shall control.
34 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
4 10. “Effective Date” means that day on which the Adopting Ordinance shall be effective. The Adopting Ordinance shall be effective thirty (30) days after its adoption by the City Council, unless the Adopting Ordinance becomes subject to a qualified referendum, in which case, the Effective Date shall be the day after the referendum election if the Adopting Ordinance is approved by a majority of the voters. Litigation filed to challenge the Adopting Ordinance or this Agreement shall not affect the Effective Date, absent a court order or judgment overturning or setting aside the Adopting Ordinance, or staying the Effective Date, or remanding the Adopting Ordinance to the City. Notwithstanding the foregoing, this Agreement shall not become effective until fully executed.

11. “EIR” means the Draft and Final Environmental Impact Report for the “Liberty Specific Plan,” including the Mitigation Measures and Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2016052012) adopted by Resolution 25-1PC.

12. “Existing Land Use Regulations” means the ordinances, resolutions and regulations applicable to the Project, to the extent they govern the permitted uses of land, and the density and intensity of land use, as set forth in the following plans and ordinances as they exist on the Effective Date or as amended thereafter:

West Sacramento General Plan
Southport Framework Plan
West Sacramento Zoning Code

13. “Fee” means all charges, expenses, costs, monetary exactions, impact fees, and any other monetary obligations imposed on Landowner by the City, other than assessments or regular or special taxes or funding commitments, and shall not be limited to fees paid pursuant to this Agreement.

14. “Funding Commitment” means payments by the Landowner to the City that are not fees, assessments, or regular or special taxes.

15. “General Plan” means the General Plan of the City including the text and maps, as approved by the City Council on November 16, 2016, plus any other General Plan amendments approved by the City on or before the Effective Date.

16. “Improvement” means any on-site or off-site conveyance, grant or dedication of property or property rights, non-monetary exaction, construction and/or installation of a work of public improvement, street, facility, utility, park or recreational amenity which is to be transferred to the City, or any other contribution of property (other than fees), imposed on Landowner by the City.

17. “Infrastructure” means the basic facilities, services, and installations needed for the functioning of the Improvements and parks.

18. “Landowner” means the Paik Family Trust, together with all successors in interest approved by the City pursuant to this Agreement. The singular form of this term 35 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
5 may simultaneously refer to multiple successors in interest to the Paik Family Trust where multiple such successors in interest simultaneously own portions of the Property.

19. “Law” means the case law, ordinances, statutes, rules, regulations, or any order, decree or directive of any court or any local, regional, state or federal government agency, unless the context suggests a different meaning

20. “Liberty Specific Plan” means the specific plan for the Liberty community adopted on May 21, 2025 by Ordinance No. 25-2.

21. “Mitigation Measures” means the mitigation measures called for in the EIR as modified or adopted by the Planning Commission on January 30, 2025 by Resolution No. 25-1PC.

22. “Mitigation Monitoring and Reporting Program” means the plan for implementation of the Mitigation Measures, identified in the EIR, and adopted by the Planning Commission on January 30, 2025 by Resolution No. 25-1PC.

23. “Model Dwelling Unit” means a display single or multi-family residential housing unit used for marketing purposes that is built within the Project.

24. "Multi-Family Affordable Housing Development” means the multi-family affordable rental housing component of the Project, described more fully in Section 10 of this Agreement.

25. “Non-Project Specific” means rules, regulations, or laws adopted by the City that, while not applicable City-wide, apply uniformly to all properties that are similarly situated, whether by geographic location or other distinguishing circumstances.

26. “Planning Commission” means the City of West Sacramento Planning Commission.

27. “Production Dwelling Unit” means a single-family residential housing unit built within the Project that is not a Model Dwelling Unit, or a residential housing unit that is part of a multi-family or mixed-use structure.

28. “Project” means the physical development of the Property as described in the project description in the EIR, and as supplemented by the provisions of this Agreement. The Project consists of the development of a three hundred and forty (342) acre mixed use project containing one thousand five hundred and three (1,503) residential units, to be located on the Property.

29. “Project Approvals” means the entitlements that are the subject of this Agreement, consisting of the following land use approvals:

29.1 This Development Agreement, as adopted by the Adopting Ordinance. 36 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
6 29.2 The Liberty General Plan Amendment, as approved on April 30, 2025, by City Council Resolution No. 25-18.

29.3 Southport Framework Plan Amendment, as approved on May 21, 2025, by City Ordinance No. 25-3.

29.4 Amendments to the Zoning Ordinance and Map (“Rezone”), as approved on May 21, 2025, by City Ordinance No. 25-3.

29.5 The Liberty Specific Plan, as approved on May 21, 2025, by City Ordinance No. 25-2.

30. “Property” means that certain real property consisting of approximately three hundred and forty-two (342) acres in the City of West Sacramento, County of Yolo, bounded on the east by the Sacramento River levee system, on the south by Davis Road, on the west by the Clarksburg Branch Line Trail, and on the north by Linden Road, and as more particularly described and depicted in Exhibit A, attached hereto.

31. “Reserved Powers” means those powers explicitly reserved to the City by this Agreement pursuant to Section 5.2 of this Agreement.

32. “Southport Area” means that area of land located in the southern portion of the City and generally bound by the Deep Water Ship Channel on the north and west, the Sacramento River on the east and current City limits on the south.

33. “Southport Framework Plan” means that certain document adopted by Ordinance 95-8 by the City on May 17, 1995, as amended on August 5, 1998, together with any amendments thereto as approved by the City on or before the Effective Date of this Agreement. The Southport Framework Plan is the development master plan for the Southport area. The Southport Framework Plan is intended to be a refinement of the City’s General Plan and is intended to establish the foundation for a village-oriented, mixed-use development.

34. “Successor” or “Successor in Interest” means any subsequent owner that acquires all or any portion of the Property. This term shall not include private parties that acquire recorded residential lots that have been developed with residential dwellings within the Property. This term shall also mean any assignee under the form of assignment attached hereto as Exhibit B (i.e., any recognized successor in interest under this Agreement), and any subsequent assignee. 37 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
7 TERMS AND CONDITIONS

1. Incorporation of Recitals.

The Recitals and all defined terms set forth above are hereby incorporated into this Agreement as if set forth herein in full.

2. Relationship of City and Landowner.

It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Landowner and that Landowner is not an agent of City. The City and Landowner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Landowner joint venturers or partners in any way or for any purpose.

3. Representations, Warranties and Acknowledgments.

3.1 Title to Property. Landowner represents and warrants that as of the Effective Date, Landowner holds legal and/or equitable interest in and to the Property, that all persons holding legal or equitable interest in the Property have consented to and shall be bound by the Agreement, and that all documentation Landowner has provided to the City demonstrating Landowner’s interests in the Property are accurate and complete as of the Effective Date.

3.2 Authority. The Parties represent and warrant that the persons signing this Agreement are duly authorized to enter into and execute this Agreement on behalf of their respective principals.

3.3 Brokers. The Parties represent and warrant that they have had no dealings with any real estate broker or agent in connection with the negotiation of this Agreement, and that they know of no other real estate broker or agent who is entitled to a commission in connection with this Agreement. In the event any real estate broker or agent shall come forward and claim the right to a commission or other form of compensation in connection with this Agreement, Landowner shall indemnify, defend and hold harmless the City in accordance with Section 19 of this Agreement.

3.4 Procedures and Requirements. The Parties acknowledge that this Agreement is subject to the procedures for approval, amendment and administration set forth in the Development Agreement Law.

4. Effective Date, Term, and Termination.

4.1 Effective Date. The effective date of this Agreement means the date this Agreement takes effect, as defined above.
38 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
8 4.2 Term. The term of this Agreement shall commence on the Effective Date and extend for a period of ten (10) years thereafter, unless said term is terminated, modified or extended by circumstances set forth in this Agreement.

4.3 Extension. The term of this Agreement will be automatically extended for an additional five (5) years if Landowner has obtained a Building Permit for the Multi-Family Affordable Housing within the initial Term of this Agreement.

4.4 Expiration. Following the expiration of the term, this Agreement shall be deemed terminated and of no further force and effect.

4.5 Automatic Termination upon Completion and Sale of Individual Lots. Except as provided herein, this Agreement shall automatically be terminated, without any further action by either party or need to execute or record any additional document, with respect to any improved commercial or residential lot within a parcel designated by the Project Approvals for such use, upon issuance by the City of a final certificate of occupancy or its equivalent for a commercial structure or dwelling unit upon such lot and conveyance of such lot by Landowner to a bona-fide, good-faith individual purchaser of a developed commercial or residential lot. In connection with its issuance of a final inspection for any residential lot, the City shall confirm that all Improvements which are required to serve the lot have been dedicated to and accepted by the City, and all applicable fees have been paid by Landowner. Termination of this Agreement as to any such residential lot shall not in any way be construed to terminate or modify any applicable assessment district, or special tax lien with respect to such lot.

Termination of this Agreement as to any such lot shall extend solely to that lot and shall not extend to other parcels or property encompassed by this Agreement.

4.6 Termination by Mutual Consent. This Agreement may be terminated in whole or in part by the mutual written consent of all the Parties. Any fees paid or Improvements dedicated to the City prior to the date of termination shall be retained by the City.

4.7 Effect of Termination. This Agreement was entered into by the Parties for the limited purpose of setting forth certain terms and conditions concerning the proposed development of Project in a manner that is consistent with the Collective Standards. Accordingly, nothing contained herein is intended or shall be construed to grant to Landowner any rights in connection with the future development of the Property, except for those rights set forth in the Collective Standards and in this Agreement.

4.7.1 The Parties recognize and agree that this Agreement imposes certain continuing obligations and responsibilities on the City and Landowner. Termination of this Agreement, whether by default as 39 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
9 provided in Section 17 or by expiration of its own accord, shall not:
(1) affect any pre-existing liability under this Agreement owed by one Party to the other, which remains unsatisfied as of the date of termination; (2) affect those provisions of this Agreement which provide that they shall survive the termination of this Agreement, including, but not limited to Landowner’s obligations to comply with the Liberty Design Guidelines or Mitigation Measures; (3) be construed to terminate or modify any other applicable covenant, condition, servitude or restriction that runs with the land and binds Successors; (4) affect the validity of any structure on the Property or Improvement which is completed as of the date of termination and is in compliance with all necessary permits; or (5) prevent Landowner from completing any structure on the Property or Improvement under construction at the time of termination, provided that any such structure or Improvement is completed in accordance with all necessary permits.

5. Project Approvals and Vested Rights.

5.1 Project Approvals. Upon the Effective Date, Landowner shall acquire a vested right to the Project Approvals. If Landowner applies to the City Council to amend the Project Approvals, and the City Council approves the requested amendments, then Landowner shall acquire a vested right to such amendments to the Project Approvals as of the date of approval of the amendments by the City Council; provided, however, that Landowner shall not, by virtue of this Agreement, acquire a vested right to any amended Project Approval approved after the expiration of the term of this Agreement.

5.2 Reserved Powers Relating to Project Entitlements and Approvals.

Notwithstanding any other provision of this Development Agreement to the contrary, the City retains the following reserved powers and retains the authority to take the following actions:

5.2.1 Grant or deny applications for land use entitlements and approvals for the Project and the Property, consistent with this Agreement;

5.2.2 Approve, disapprove or revise subdivision maps, parcel maps or lot line adjustments for the Project and the Property, consistent with this Agreement;

5.2.3 Apply, or adopt and apply, design and construction requirements for specific public improvements to serve the Project on the Property;

5.2.4 Adopt and apply City-wide or Non-Project Specific property transfer and/or excise taxes;

5.2.5 Adopt and apply City-wide or Non-Project Specific utility charges; 40 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
10 5.2.6 Adopt and apply City-wide or Non-Project Specific permit processing fees;

5.2.7 Adopt and apply regulations to protect the City and its citizens from immediate risks to health and safety. The Landowner hereby agrees that any regulation with respect to flood protection adopted in response to Federal or State guidelines, regulations, or directives shall be deemed necessary to protect the public health and safety;

5.2.8 Adopt or increase fees, charges, assessments or special taxes otherwise authorized by and in compliance with State law;

5.2.9 Adopt and apply City-wide or Non-Project Specific regulations relating to the temporary use of land, the control of traffic, the regulation of sewers, water, and similar subjects, and the abatement of public nuisances;

5.2.10 Adopt and apply engineering design standards and construction specifications;

5.2.11 Adopt and apply City-wide or Non-Project Specific building and fire construction standards;

5.2.12 Adopt or undertake enforcement of land use regulation ordinances, policies, programs, or resolutions in order to comply with Federal or State laws, provided that in the event that such Federal or State laws, plans, programs or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provision or provisions shall be modified or suspended solely as may be necessary to comply with such Federal or State laws or regulations;

5.2.13 Adopt land use regulations, ordinances, policies, programs or resolutions.

The foregoing Reserved Powers may be exercised by the City acting through its elected or appointed officials or its employees (subject to any appeal rights set forth in the Municipal Code), or directly by the electors through the initiative process.

5.3 Meet and Confer. If Landowner believes that the City is taking action to impair a vested right conferred by this Agreement, other than as allowed in this Agreement, Landowner shall provide to City written notice, describing the basis for Landowner’s position. The Parties shall meet and confer within thirty (30) days thereafter in an attempt to arrive at a mutually acceptable solution.

5.4 Further Reviews. Landowner acknowledges that the Collective Standards contemplate further reviews of elements of portions of the Project by the 41 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
11 City. These reviews include, but are not limited to, monitoring and implementation of environmental mitigation measures. Nothing in this Agreement shall be deemed to limit or expand the legal authority of City with respect to such reviews, as provided for by, and which are otherwise consistent with, this Agreement.

5.5 Referendum. Landowner acknowledges that the Adopting Ordinance, the Southport Framework Plan Amendment, the General Plan Amendment, the Rezone, and the Liberty Specific Plan as legislative land use approvals, are potentially subject to referendum. Notwithstanding anything in this Agreement to the contrary, Landowner shall not acquire a vested right to any legislative land use approval (or to any amendment thereto): (1) while such approval or amendment is still potentially subject to referendum or (2) in the event that such approval or amendment is reversed by referendum.

Furthermore, Landowner agrees to be responsible for all costs associated with a referendum on any approval or amendment, including County charges, City staff time, and attorney fees and costs.

6. Subdivision Maps.

6.1 Term of Tentative Subdivision Maps. In accordance with Government Code section 66452.6(a)(1), the term or “life” of any tentative map for the Project shall be coterminous with the Term of this Agreement.

6.2 Vesting Tentative Maps. Landowner will file a “vesting tentative map” as that term is defined in Government Code section 66242.5 and further described in Government Code section 66498.1. Landowner agrees, however, that any such vesting tentative map filed in connection with the Project will not vest the Landowner in any rights with respect to any fees identified in this Agreement and its Exhibits. Furthermore, this Agreement shall govern the financing and construction of infrastructure for the Project.

7. Applicable Rules, Regulations, Fees and Official Policies.

7.1 Rules Regarding Design and Construction. Unless otherwise expressly provided in this Agreement or the Liberty Specific Plan, all other ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project and to public improvements to be constructed by the Landowner shall be those in force and effect at the time the applicable permit approval is granted.

7.2 Building Codes Applicable. Unless otherwise expressly provided in this Agreement, the Project shall be constructed in accordance with the California Building Standards Codes, Title 24 of the California Code of Regulations, as adopted and amended by the City, as the same shall be in effect as of the time of approval of the permit in question. The Project shall 42 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
12 also be constructed in accordance with the provisions of the California Mechanical, Plumbing, Electrical and Fire Codes and City standard construction specifications in effect at the time of approval of the appropriate building, grading, encroachment or other construction permits for the Project. If no permit is required for a given infrastructure improvement or other improvement, such improvement will be constructed in accordance with said Codes in effect in the City as of the commencement of construction of such improvement.

7.3 Fees, Dedications, Assessments, and Taxes.

7.3.1 Applicability of Fees and Assessments. Landowner agrees to pay all applicable fees, dedications, assessments, and taxes in such amounts as set at the time such fees, dedications, assessments, and taxes become due. Landowner further agrees that Landowner is subject to any fees, dedications, assessments, and taxes adopted or revised after the Effective Date.

7.3.2 Waiver of Fee Establishment Procedures. Notwithstanding anything in this Agreement to the contrary, Landowner hereby waives the procedures and requirements imposed on cities by the Mitigation Fee Act (Government Code sections 66000 et seq.) for establishing, expending, returning, and reporting on all “fees” as that term is defined in the Mitigation Fee Act, as to the fees established as of the Effective Date of this Agreement. This waiver shall not apply to any fees adopted after the Effective Date; thus, as to fees adopted or revised after the Effective Date, Landowner shall retain whatever rights it has under Federal and State law.

7.3.3 Processing Fees and Charges. Landowner shall pay those processing, inspection, and plan check fees and charges required by City under then current regulations for processing applications and requests for permits, approvals and other actions, and monitoring compliance with any permits issued or approvals granted or the performance of any conditions with respect thereto or any performance required of Landowner hereunder.

7.3.4 Mitigation of EIR Impacts. Landowner shall timely satisfy and comply with all Mitigation Measures in accordance with the schedule in the Mitigation Monitoring Program. The Mitigation Measures are conditions of Project approval but are not the exclusive conditions of Project approval. A failure to timely satisfy any Mitigation Measure or other conditions of Project Approval without prior written City approval shall be a default of this Agreement, subject to the default and cure provisions set forth in Section 17.3 of this Agreement. 43 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
13 7.3.5 Other Public Agencies. Nothing in this Agreement is intended to govern the authority of other public agencies to impose fees or otherwise regulate the Landowner’s ownership and use of the Property.

7.3.6 Satisfactory Completion of Work. All improvements and work performed by Landowner in connection with the Project shall be to the satisfaction of the City Manager.

7.3.7 Dedications Free of Liens. All dedications of property from Landowners to the City shall be free and clear of all liens and encumbrances except as allowed in writing by City.

7.3.8 Acquisition of Land for Improvements. Landowner acknowledges that some of the public improvements required for the Project will be constructed on land that is not under the control of the Landowner or the City. Landowner agrees that nothing in Government Code section 66462.5 or any other provision of State law will require the City to waive any conditions set forth in the Project approvals related to construction of the Project, including limitations set forth herein on the timing of construction of residential or commercial structures. If City acquires such land, Landowner shall be responsible for all of City’s costs associated with such acquisition (including legal counsel and appraisal fees).

7.4 Funding Commitments.

7.4.1 As part of the consideration for this Development Agreement, Landowner has made certain Funding Commitments to the City.

Landowner acknowledges that these funding commitments are made separate from, unrelated to, and in addition to any Fees, Dedications, Assessments, and Taxes applicable to the
Development of the Property. Landowner’s Funding Commitments are not eliminated or in any way diminished, in the event that the City secures funding for any project or expenditure that is the subject of a Funding Commitment, in whole or in part, from a third party, or elects to expend City funds for any Funding Commitment prior to Landowner’s payment for such Funding Commitment.

7.4.2 Annual Indexing of Funding Commitments. Funding Commitments described in this Agreement shall be automatically adjusted on January 1 of each year throughout the Term of this Agreement and any extensions hereof. On each such date, each Funding
Commitment shall be adjusted in accordance with the percentage change in the Engineering News-Record (ENR) Construction Cost Index (CCI) (ENR’s 20-city average cost index from prior July is used as the basis of the January 1 adjustment.) The annual adjustment 44 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
14 described in this section shall not apply to the Funding Commitment described in Section 7.4.15, the Funding Commitment described in Section 7.4.16, and the prepayment of traffic impact fees described in Section 7.4.19.

7.4.3 Fee Credits. Landowner shall be entitled to credit against future impact fees for certain Funding Commitments as described under Section 7.4 of this Agreement. The use of fee credits requires the execution of the Fee Credit Assignment Letter, which assign the fee credit to specific assigned parcels within the Project, a sample Fee Credit Assignment Letter is attached as Exhibit D.

7.4.4 No Reimbursement of Unused Fee Credits. To the extent that Landowner does not utilize all fee credits described in Section 7.4 of this Agreement, Landowner shall not be entitled to any
reimbursement from the City for such unused fee credits and shall not be permitted to transfer the fee credits outside of the Project.

7.4.5 Design Discretion. To the extent that any Funding Commitment involves design, the City, in its sole discretion, shall have the option to design these improvements or delegate design to the Landowner.

7.4.6 Special Timing for Funding Commitments Relative to Multi-Family Structures. Where a Funding Commitment becomes due at a Production Dwelling Unit figure that will be reached as part of a multifamily structure, that Funding Commitment is due at the building permit issuance of that multi-family structure. For example, if an Infrastructure Improvement is due at the 500th Production Dwelling Unit but at the 495th Production Dwelling Unit a permit is sought for a 20-unit multi-family structure, that Funding Commitment is due at building permit issuance for that 20-unit structure. This provision shall apply to any Funding Commitment listed under Section 7.4 of this Agreement.

7.4.7 Contribution to Parks Master Plan Update
(a) Funding Commitment. Landowner agrees to pay
$22,569.00 towards the cost of the City’s Parks Master Plan Update.
(b) Timing. The Funding Commitment described in this section shall be paid to the City no later than 180 days after the Effective Date.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.
45 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
15 7.4.8 Contribution to Storm Drain/Stormwater Master Plan Update. (a) Funding Commitment. Landowner agrees to pay
$118,684.00 towards the cost of the City’s Storm
Drain/Stormwater Master Plan Update, which represents
Landowner’s proportionate share of the pending impact fee study.
(b) Timing. The Funding Commitment described in this section shall be paid to the City no later than 180 days after the Effective Date.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.9 Fire Apparatus.
(a) Funding Commitment. Landowner agrees to pay the entire cost of a new fire apparatus to be purchased by the City. This funding commitment can be satisfied either by direct payment or through an alternate funding mechanism, such as a CFD.

The estimated cost of the new fire apparatus is approximately $904,000.00.
(b) Timing. The Landowner shall ensure funding for the new fire apparatus is in place at the issuance of the first grading permit for the Project.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.10 Southport Sewer Pump Station Costs.
(a) Funding Commitment. Landowner agrees to pay the entire electrical costs of operating the Southport Sewer Pump
Station that are billed to the City by PG&E until such time as the Parlin Pump Station is upgraded and sewer flows are rerouted to LNWI. (b) Timing. The Funding Commitment described in this section shall be paid to the City each month from the issuance of the first building permit until such time as the Parlin Pump Station is upgraded and sewer flows are re-routed to LNWI.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.
46 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
16 7.4.11 Encroachment Prevention and Corridor Integrity Fund. (a) Funding Commitment. Landowner agrees to a one-time
$2,000.00 payment plus $1,500.00 at each final map. This Funding Commitment supports any of WSAFCA’s flood
control work that may be near the Project by funding
improvements such as signage, fencing, and waste
management.
(b) Timing. The $2,000.00 payment for the Funding Commitment described in this section shall be paid to the City prior to building permit issuance for the 1st Production Dwelling Unit.

The recurring $1,500.00 payments for the Funding
Commitment described in this section shall be paid prior to the recordation of each final map. Payments made to the City under this Funding Commitment shall be passed on to
WSAFCA within thirty (30) days of receipt by the City.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.12 Clarksburg Branch Line Trail (“CBLT”).
(a) Funding Commitment. Landowner agrees to pay
$130,000.00 towards the City’s design and an additional $1,000,000.00 towards the City’s construction of CBLT
improvements from Cherokee Road to Davis Road. The CBLT improvements will include new trail surface, smart lighting, landscaping, irrigation, hydration stations, and waste
receptacles.
(b) Timing. The $130,000.00 payment towards the design of CBLT improvements shall be paid prior to the recordation of the first final map. The $1,000,000.00 payment towards the construction of CBLT improvements shall be paid within 18 months after the $130,000.00 payment towards design. If grant funding is secured, any remaining amount may be
applied to other projects at the City’s discretion.
(c) Fee Credit. Landowner shall be entitled to Community Park Impact Fee or Transportation Impact Fee credit for this Infrastructure Improvement. Credits will be provided as available. The City will determine in its sole discretion whether Community Park Impact Fee or Transportation Impact Fee
credit will be provided.
47 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
17 7.4.13 Southport Setback Levee Trail.
(a) Funding Commitment. Landowner agrees to pay
$280,594.00 towards the City’s design and construction of improvements to the Southport Setback Levee Trail, a
recreational trail running along the eastern edge of the City on the Southport Setback Levee, serving bicyclists, pedestrians, equestrians, fishermen, and anyone seeking to enjoy the Sacramento River. The Funding Commitment described
herein would contribute to the City’s work to provide safety enhancements along the trail and create a more desirable destination for the City’s residents to recreate along the Sacramento River If grant funding is secured for full/partial funding the remaining or full amount remaining shall be applied to other projects at City discretion.
(b) Timing. The Funding Commitment described in this section shall be paid prior to building permit issuance for the 500th Production Dwelling Unit.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.14 Enterprise Bridge Crossing.
(a) Funding Commitment. Landowner agrees to pay
$676,161.00 towards the City’s future design and construction of the Enterprise Bridge Crossing.
(b) Timing. The Funding Commitment described in this section shall be paid prior to building permit issuance for the 1st Production Dwelling Unit.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.15 McGowan Bridge and Village Parkway North.
(a) Funding Commitment. Landowner agrees to pay
$1,572,000.00 to reimburse the City’s previous expenditures on the design and construction of the McGowan Bridge and Village Parkway North.
(b) Timing. A first payment of $272,000 toward the Funding Commitment described in this section shall be paid prior to building permit issuance for the 1st Production Dwelling Unit.

The balance of the Funding Commitment described in this 48 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
18 section shall be paid prior to building permit issuance for the 500th Production Dwelling Unit.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.16 Village Parkway South.
(a) Funding Commitment. Landowner agrees to pay
$2,537,278.00 to reimburse the City’s previous expenditures on the design and construction of Village Parkway South. (b) Timing. The Funding Commitment described in this section shall be paid at a rate of $1,688.15 per Model Dwelling Unit and Production Dwelling Unit prior to building permit issuance. (c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.17 Linden Road.
(a) Funding Commitment. Landowner agrees to pay
$1,500,000.00 towards improvements on the south side of Linden Road at CBLT and north side of Linden Road from
CBLT to Stonegate Drive. The improvements along Linden
Road may include, but are not limited to, new landscaping, pavement, curbs, gutters, and sidewalks.
(b) Timing. An initial $50,000.00 payment towards the Funding Commitment described in this Section shall be paid within 180 days after the effective date of this Agreement. The
$1,450,000.00 balance of the Funding Commitment described in this Section shall be paid prior to building permit issuance for the 1st Production Dwelling Unit.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.18 Village Parkway HAWK Lights.
(a) Funding Commitment. Landowner agrees to pay
$50,000.00 towards the installation of high intensity activated crosswalk beacons, also known as HAWK lights, at the
intersection of Village Parkway and Bear River Court/Redding Road.
49 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
19 (b) Timing. The Funding Commitment described in this Section shall be paid prior to building permit issuance for the 1st Production Dwelling Unit.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.19 Pre-Payment of Traffic Impact Fees.
(a) Funding Commitment. Landowner agrees to pre-pay
$1,500,000.00 towards the City’s traffic impact fee.

Notwithstanding the annual indexing provisions of Section

7.4.2, this Funding Commitment shall not be annually
indexed.
(b) Timing. An initial $375,000.00 payment towards the Funding Commitment described in this Section shall be paid prior to building permit issuance for the 1st Production Dwelling Unit.

The $1,125,000.00 balance of the Funding Commitment
described in this Section shall be paid prior to building permit issuance for the 500th Production Dwelling Unit.
(c) Fee Credit. Landowner shall be entitled to fee credit for the entire total of this Funding Commitment in the form of Traffic Impact Fees credits; provided, however, that Fee credit towards the Landowner’s Traffic Impact Fees shall be no greater than the traffic impact fee otherwise due. Furthermore, in the event that fee credits are exhausted prior to the completion of the Project, Landowner shall be responsible for Traffic Impact Fees on any parcel for which the fee credits were not sufficient. In the event that the Project is complete before the fee credits are exhausted, Landowner shall not be entitled to any fee credit for this Funding Commitment.

7.4.20 Evacuation and Emergency Management Plan Update. (a) Funding Commitment. Landowner agrees to pay $2,204.48 towards an update to the City’s Evacuation and Emergency Management Plan to include the Project prior to the approval of the first final map for the Project.
(b) Timing. The Funding Commitment described in this Section shall be paid prior to building permit issuance for the 1st Production Dwelling Unit.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Funding Commitment.
50 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
20 7.5 Infrastructure Improvements.

As part of the consideration for this Agreement, Landowner agrees to complete certain Infrastructure Improvements. Except as otherwise expressly provided in this Agreement, Landowner shall be responsible for any right of way, design and construction costs for the improvements.

7.5.1 Special Timing for Infrastructure Improvements. Where an Infrastructure Improvement becomes due at a Production Dwelling Unit figure that will be reached as part of a multi-family structure, that Infrastructure Improvement is due at the building permit issuance of that multi-family structure. For example, if an Infrastructure Improvement is due at the 500th Production Dwelling Unit but at the 495th Production Dwelling Unit a permit is sought for a 20-unit multifamily structure, that Infrastructure Improvement is due at building permit issuance for that 20-unit structure. This provision shall apply to any Infrastructure Improvement listed under Section 7.5 of this Agreement.

7.5.2 Davis Road Improvement.
(a) Improvement. Landowner agrees to design, improve, and subsequently offer for dedication to the City, Davis Road from the CBLT in the west to Village Parkway in the east. These improvements shall include a 16” water main, storm water drainage, gas, cable, telephone, fiber optic, road pavement, curb, gutter, and multi-purpose trail on the north side of Davis Road and curb, gutter, multi-purpose trail, and sidewalk on the south side of Davis Road. These improvements may include a sanitary sewer, if a sanitary sewer is shown on any of the City’s adopted or draft master plans at the time of the Davis Road Improvement. These improvements shall further include an equestrian trail and multi-purpose trail along with
associated landscaping and irrigation on the north side of Davis Road. Design of these improvements will be
coordinated with, and subject to approval by, the City’s Parks and Public Works Departments.
(b) Timing. All improvements described in this section shall be completed prior to the first to occur of i) any street connections to Davis Road, or ii) building permit issuance for the 921st Production Dwelling Unit. In the event that these
improvements are not complete when the first connection to Davis Road is made, no further building permits will be issued for any portion of the Project until construction of the improvements are complete.
51 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
21 (c) Fee Credit. Landowner shall be entitled to Park Impact Fee credit for only the cost of the equestrian trail and multi-purpose trail associated with this improvement. Fee credits will be provided as available when construction is complete and improvements have been accepted by City.

7.5.3 Davis Road / Stonegate Drive Roundabout.
(a) Improvement. Landowner agrees to design a roundabout at the intersection of Davis Road and Stonegate Drive in
sufficient detail for the City to confirm that the design will accommodate traffic volume based on existing traffic plus anticipated traffic based on the general plan buildout
estimates for Liberty and River Park development projects and without requiring the acquisition of land from any property owner other than the developer of the River Park project. If the City determines, in its sole discretion, that a roundabout at this location is not feasible, then Landowner will design a four-way signalized intersection in lieu of the roundabout.

Landowner will dedicate the portion of right-of-way needed for the roundabout or signalized intersection. Landowner shall do one of the following prior to building permit issuance for the 921st Production Dwelling Unit: (1) construct this
Infrastructure Improvement, or (2) construct a three-way intersection at the site of this Infrastructure Improvement as an interim measure.
(b) Timing. Design Construction of all improvements described in this section shall be completed prior to the first to occur of any street connections to Davis Road or building permit issuance for the 921st Production Dwelling Unit. In the event that these improvements are not complete when the first connection to Davis Road is made, no further building permits will be issued for any portion of the Project until construction of the improvements is complete.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Infrastructure Improvement.
(d) Payment. In the event Landowner constructs the roundabout or a signalized four-way intersection, City will use good faith efforts to obtain a commitment from the developer of the River Park project to contribute one-half of the final cost of construction of the improvement and if obtained, those funds will be provided to Developer as a reimbursement for actual cost of construction of the improvement. In the event
Landowner constructs a three-way interim intersection,
52 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
22 Landowner shall also make a payment to City in an amount equal to one-half of cost of constructing the full roundabout or signalized improvement. The exact amount of this payment shall be based on the City’s estimate at the time of
construction of the three-way intersection.

7.5.4 Linden Acres Sewer Stub.
(a) Improvement. Landowner agrees to install a sewer stub at the border of the Project site and Redwood Street. This improvement shall be built to the specifications provided by the City’s Public Works Department.
(b) Timing. The improvement described in this section shall be constructed contemporaneously with the sewer
improvements in the adjoining portion of the Project.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Infrastructure Improvement.

7.5.5 Radar Feedback Speed Limit Signage.
(a) Improvement. Landowner agrees to install radar feedbackenabled speed limit signs approved by the City at locations within the Project where City specifications at the time of construction call for such signage and/or state law require such signage to be installed.
(b) Timing. The improvement described in this section shall be constructed contemporaneously with other improvements that trigger speed limit signage requirements.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Infrastructure Improvement.

7.5.6 Small Cell-Ready Streetlight Infrastructure.
(a) Improvement. Landowner agrees to install streetlights that are compatible with and enable the installation of small cell antennas and any associated infrastructure at every location within the Project where City specifications at the time of construction and state law require streetlights to be installed.

Small cell antennas are used for the broadcasting of mobile data network frequencies and shall be sized in accordance with federal regulations. This improvement shall include compatible streetlights as well as conduits.
53 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
23 (b) Timing. The improvement described in this section shall be constructed contemporaneously with other improvements that trigger streetlight requirements.
(c) Fee Credit. Landowner shall not be entitled to any fee credit for this Infrastructure Improvement.

7.5.7 Bi-Level Motion-Sensing Lighting.
(a) Improvement. Landowner agrees to install bi-level motionsensing lighting on all through-block trails and greenbelts within the Project. The design and location of bi-level lighting is subject to approved in advance by the City.
(b) Timing. The improvement described in this section shall be constructed contemporaneously with trails and greenbelts. (c) Fee Credit. Landowner shall not be entitled to any fee credit for this Infrastructure Improvement.

7.5.8 Community Park.
(a) Improvement. Landowner agrees to design and construct a community park at the approximately 9.1-acre site
conceptually described as a community park in the Liberty Specific Plan. Design for the community park shall be
coordinated with, and subject to approval by, the City’s Parks Department. The design of the community park shall include those amenities determined by the City’s Parks Department to be appropriate based on the City’s most recent data at the time of design. The design phase of the community park shall also include public outreach to any residents both in the Project as well as the surrounding community.
(b) Timing. The City will begin to engage in public outreach regarding the community park when Landowner submits the Phase 1 infrastructure plans described in Section 8.3 of the Liberty Specific Plan. Landowner shall submit the proposed design of the community park that reflects input from the community, Parks and Recreation Department and the PRIS commission prior to issuance of a building permit for the 350th Production Dwelling Unit. Landowner shall complete
construction of the community park prior to building permit issuance for the 750th Production Dwelling Unit (regardless of phase).
(c) Fee Credit. Landowner shall be entitled to Community Park Impact Fee credit for this Infrastructure Improvement. Fee 54 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
24 credits will be provided as available when construction is complete and improvements have been accepted by City.

7.5.9 Solar Covered Parking.
(a) Improvement. Landowner agrees to install solar parking covers and associated infrastructure over all parking at the community park. The number of solar covered spaces shall be determined during the Community Park planning. Design of the parking covers and associated infrastructure shall be subject to prior review and approval by the City.
(b) Timing. The improvement described in this section shall be constructed contemporaneously with the community park.
(c) Fee Credit. Landowner shall be entitled Community Park Impact Fee credit for this Infrastructure Improvement. Fee credits will be provided as available when construction is complete and improvements have been accepted by City.

8. Improvement Security.

For all Infrastructure Improvements listed in Section 7.5 of this Agreement, the Landowner shall furnish the City the following securities. The bonding requirements contained in this Section are in addition to and not in lieu of the requirements set forth in Section 16.44.080 of the City’s Municipal Code. In the event of a conflict, the provisions in this Agreement will control.

8.1 Payment and Performance Bonds. Landowner has an affirmative obligation to secure its obligations to construct Infrastructure Improvements, as required in this Agreement. Landowner shall secure all Infrastructure Improvements by delivering payment and performance bonds to City, in a manner consistent with City ordinances and in accordance with this Section.

8.1.1 Prior to the commencement of construction of any Infrastructure Improvements, Landowner or Landowner’s general contractor shall furnish City with payment and performance bonds (“Bonds”), issued by a corporate surety company that is an admitted insurer in the State of California and licensed to do business in California, in an amount approved by City, but not less than the full amount of the construction contract, and shall name City as obligee. The Bonds shall remain in effect until the later of (1) the date that the entire cost of developing the improvement shall have been paid in full, (2) the date that the improvement shall have been completed in accordance with this Agreement, and/or (3) the date on which the City accepted the improvement.
55 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
25 8.1.2 The Bonds shall be in the form prescribed by Government Code sections 66499.1 and 66499.2 for performance and payment bonds and be reasonably satisfactory to City.

8.2 Guarantee and Warranty Security. Prior to the acceptance by the City of any Infrastructure Improvements that are to be turned over to the City, the subdivider shall provide to the City a “guarantee and warranty security” in the amount of ten percent (10%) of the total estimated cost of the Infrastructure Improvements, as determined by the City Manager, to guarantee and warrant the Infrastructure Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished, as required by the City‘s Municipal Code section 16.44.080.

8.2.1 Any bonds submitted as security pursuant to this Section shall be executed by a surety company authorized to transact a surety business in the State of California. All required securities shall be in a form approved by the City Attorney.

8.2.2 No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as otherwise provided by the Subdivision Map Act.

8.2.3 The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Manager. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for the Landowner’s completion of the Infrastructure Improvements, whether or not the surety is given notice of such an extension by the City.

8.3 Release of Security.

8.3.1 Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released by the City Council one year after acceptance of the Infrastructure Improvements. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Infrastructure Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period.

8.3.2 Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code (commencing with Section 56 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
26 8410), but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by the City Council. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees and costs.

8.3.3 Faithful Performance Security. The faithful performance security may be released by the City Council upon acceptance of the Infrastructure Improvements.

9. Permitted Uses.

Pursuant to Government Code section 65865.2, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, location and maintenance of on-site and off-site improvements, location of public utilities and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Collective Standards and any amendments to this Agreement or the Project Approvals. City acknowledges that the Project Approvals provide for the land uses and approximate acreages for the Property.

10. Affordable Housing Obligations.

10.1 Liberty Affordable Housing Obligation. Landowner shall provide for 10% of the Production Units within the Project being made available as affordable housing. This affordable housing obligation shall be met through both rental and for sale units in accordance with this Section of the Agreement.

10.2 Timing of Affordable Housing Agreement. No building permit shall be issued for a Production Unit unless Landowner has executed an affordable housing agreement with the City. Such affordable housing agreement shall cover both affordable rental units and affordable for sale units, as described herein.

10.3 Affordable Rental Units. Landowner shall provide affordable rental units through a Multi-Family Affordable Housing Development on an approximately 5 acre site bounded by Village Parkway, Heirloom Drive, and Liberty Loop South. The Multi-Family Affordable Housing Development shall be subject to the following requirements:

10.3.1 Unit Count. The Multi-Family Affordable Housing Development shall include at least 100 affordable units but may include additional affordable units. Under no circumstances will the Landowner receive credit for more than 120 affordable units from the Multi-Family Affordable Housing Development.
57 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
27 10.3.2 Level of Affordability. Affordable units in the Multi-Family Affordable Housing Development shall be made available at 50 to 60 percent of area median income.

10.3.3 Duration of Recorded Affordability Restriction. Affordable rental units shall be subject to a recorded affordability restriction of 55 years.

10.3.4 Market Rate Rental Units. To aid in the financial viability of the MultiFamily Affordable Housing Development, the Multi-Family Affordable Housing Development may include additional rental units offered at market rates so long as Multi-Family Affordable Housing Development complies with all applicable density and height requirements for the site.

10.3.5 Affordable Housing Developer. Landowner is encouraged, but not required, to work with an affordable housing developer to construct the Multi-Family Affordable Housing Development.

10.3.6 Timing. No building permit shall be issued for a Production Unit unless and until a building permit has been issued for the MultiFamily Affordable Housing Development. No building permit shall be issued for any Production Unit beyond the 350th Production Unit— excluding units in the Multi-Family Affordable Housing
Development—until a Certificate of Occupancy has been issued for the Multi-Family Affordable Housing Development.

10.4 Affordable For Sale Units. The balance of the Project’s affordable housing obligation shall be provided in the form of for sale units. Affordable for sale units shall be subject to the following requirements:

10.4.1 Unit Count. The affordable for sale unit count shall be 30 to 50 units, depending on the number of affordable units provided through the Multi-Family Affordable Housing Development.

10.4.2 Unit Type. Affordable for sale units shall not be constructed on estate lots or triplex lots.

10.4.3 Level of Affordability. Affordable for sale units shall be offered to moderate income households (110% of the area median income) at an "affordable housing cost," as defined in Health and Safety Code Section 50052.5(b)(4).

10.4.4 Promissory Note. Affordable for sale units shall be subject to a Secured Shared Promissory Note that entitles the City to a portion of any future appreciation in value that is proportional to the equity share held by the City, as determined by the purchase price as compared to the market value at the time of purchase. The Note will be due on sale.
58 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
28 10.4.5 Timing. Affordable for sale units shall be constructed contemporaneously with market rate for sale units throughout Project build out.

10.5 Additional Affordable Housing Units. Nothing in this Agreement shall preclude Landowner from offering additional affordable units throughout the Project. Under no circumstances shall such additional units constitute a substitution for any of the units required by this Section of the Agreement.

10.6 Additional Details Regarding Affordable Housing. Additional details regarding the development of affordable housing for the Project shall be memorialized in an Affordable Housing Agreement between the Landowner and the City. This Affordable Housing Agreement shall be executed before a building permit is issued for the Multi-Family Affordable Housing Development. In the event of a conflict between the Affordable Housing Agreement and this Development Agreement, the provisions of this Development Agreement shall govern.

11. Comprehensive Plans.

11.1 Land Use Plan. The Liberty permitted uses are designed to be developed in three primary phases as further described in the Land Use Plan described in Sections 5, 8, and 9 of the Liberty Specific Plan.

11.2 Mobility Plan. The vehicular and pedestrian mobility plan is described in Section 6 of the Liberty Specific Plan.

11.3 Utility Plan. The utility plans for sanitary sewers, water, storm water, and dry utilities are described in Section 7 of the Liberty Specific Plan.

11.4 Development Financing. The public facilities financing plan for the project is described in Section 8.1 of the Liberty Specific Plan.

11.5 Infrastructure Phasing. The infrastructure phasing for the project are described in Section 8.4 of the Liberty Specific Plan.

11.6 Development Standards. The development standards for the project are described in Section 9 of the Liberty Specific Plan.

11.7 Landscape Design Standards. The landscape design standards for the project are described in Section 10 of the Liberty Specific Plan.

11.8 Architectural Design Standards. The architectural design standards for the project are described in Section 11 of the Liberty Specific Plan.

11.9 Community Safety Design Standards. The community safety design standards for the project are described in Section 12 of the Liberty Specific Plan.
59 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
29 12. Financing.

12.1 Funding for Infrastructure Improvements. Landowner is required to provide a source of funding for infrastructure improvements associated with the Project, including without limitation those Improvements identified in Section 7.5 of this Agreement.

12.1.1 CFD Formation. Landowner may petition that the City initiate the formation of a Community Facilities District (“CFD”) formed pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code section 53311 et seq.) for the purpose of financing the acquisition or construction of the Improvements and the issuing of bonds. The decision of whether to initiate CFD formation procedures shall be within the absolute discretion of the City.

12.2 Funding for Maintenance and Public Services. Landowner is required to provide a source of funding for maintenance of Infrastructure Improvements and public services for the Project, the amount of such funding shall be determined by the fiscal analysis approved by the Finance Director.

Landowner is responsible for the following maintenance and public service costs:

12.2.1 Public Safety, including fire and police personnel, equipment, and maintenance costs.

12.2.2 Public Works, including drainage, road, sewer, and street sweeping personnel, equipment, and maintenance costs.

12.2.3 Funding Mechanisms. Landowner’s obligations under Section 12.2 may be satisfied in whole or in part through the formation of one or more funding mechanisms. Landowner may petition that the City initiate the formation of a Community Facilities District (“CFD”) formed pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code section 53311 et seq.) for the purpose of financing the maintenance and public services obligations of the Project. If a CFD is the selected funding mechanism for services, the trigger for special taxes to be levied with such a CFD shall be consistent with the timing of the City incurring such service costs, as determined in the City’s sole discretion.

12.2.4 Timing. If the Landowner seeks to provide financing for services and maintenance within the Project through a CFD, the formation of the CFD shall be complete by the date of the application for the first tentative small lot subdivision map for the Project. If the Landowner seeks to provide financing for the services and maintenance within the project through another funding mechanism, such funding shall 60 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
30 also be in place by the date of the application for the first tentative small lot subdivision map for the Project.

12.2.5 Fiscal Analysis. The funding for public services, including maintenance of public improvements, for the Project shall be based on a fiscal analysis prepared or approved by the Finance Director.

Any changes in product type that change the average selling price of production units within an improvement area by ten percent (10%) or more shall require a new fiscal analysis and corresponding changes to the funding provided.

12.3 Obligation to Fund Cost of CFD Formation. Landowner shall be responsible for the costs of establishing any CFDs. Applicant has submitted $5,000.00 for the Southport CFD formation. In the event the formation of the Southport CFD does not commence during the term of this Agreement, the monies shall be transferred to the work order account associated with the land use entitlements tied to the reimbursement agreement.

13. Homeowners Association.

Landowner shall cause to be established a Homeowners Association or other non-City entity, to the satisfaction of the City, to own and maintain such Improvements within the Project as are designated in accordance with the Liberty Specific Plan. The City shall have the right to approve and enforce all bylaws for the Homeowners Association and all Covenants, Conditions and Restrictions (“CC&Rs”) for the Property as they pertain to maintenance and repair of Improvements or any park. The CC&Rs shall provide that no changes to the CC&Rs that pertain to maintenance or repair of Project Improvements or parks shall be effective without the prior written consent of the City, which shall not be unreasonably withheld.

14. Amendment or Cancellation.

14.1 Amendment by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the Parties hereto and in accordance with the procedures of State law and the Municipal Code.

14.2 Insubstantial Amendments. The City Manager or their designee is authorized to approve insubstantial amendments to this Agreement on behalf of the City without a hearing before or action by the Planning Commission or City Council. “Insubstantial amendments” means amendments to this Agreement which do not relate to (1) the term of the Agreement; (2) the permitted uses of the Property; (3) the reservation or dedication of land; (4) the location and maintenance of on-site and off-site improvements; (5) the density or intensity of use of the Project; (6) the maximum height or size of proposed buildings or (7) monetary contributions by Landowner required by this Agreement. All other amendments shall 61 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
31 require approval by the City Council in accordance with the Development Agreement Law.

14.3 Amendment of Project Approvals. Any amendment of Project Approvals relating to: (1) the permitted use of the Property; (2) provision for reservation or dedication of land; (3) the density or intensity of use of the Project; (4) the maximum height or size of proposed buildings; (5) monetary contributions by the Landowner; (6) the location and maintenance of on-site and off-site improvements; or (7) any other issue or subject not identified as an “insubstantial amendment” in Section 14.2 of this Agreement, shall require an amendment of this Agreement. Other amendments of the Project Approval(s) shall not require amendment of this Agreement unless the amendment of the Project Approval(s) relates specifically to some provision of this Agreement.

15. Rights and Duties of Mortgage Lenders in Possession of Property.

Any Mortgage Lender who comes into possession of the Property, or any portion thereof, pursuant to a foreclosure of a Mortgage, or deed in lieu of such foreclosure (“Mortgage Lender”), shall not be eligible to apply for, receive, or exercise any rights under this Agreement or any of the Project Approvals which were vested in its predecessor in title prior to the time that the Mortgage Lender comes into possession, until the Mortgage Lender contractually assumes all of the obligations of its predecessor in title under this Agreement with respect to such property, including those obligations which accrued prior to the time that the Mortgage Lender came into possession of such property. The Mortgage Lender shall be entitled to the rights of this Agreement upon presentation to the City of a written agreement between the Landowner (or Subsequent Landowner) and the Mortgage Lender clearly indicating the transfer and/or assignment and assumption of the Landowner’s obligations under this Agreement.

15.1 Any such assignment and assumption by the Mortgage Lender in possession and title shall be to the satisfaction of and in a form acceptable to the City Attorney, and shall be effective when the Mortgage Lender executes and delivers to the City Clerk an express agreement to contractually assume all of the obligations of its immediate predecessor in title under this Agreement with respect to all of the Property, or portion thereof, to which it has come into possession.

16. Annual Review of Agreement.

16.1 Review Date. The annual review date of this Agreement (the “Review Date”), as required by the Development Agreement Law, shall be approximately twelve (12) months from the Effective Date and every twelve (12) months thereafter.

16.2 Procedures. The procedures for annual review shall be as set forth in the Development Agreement Law.
62 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
32 16.3 Fee for Annual Review. The cost for the City’s annual review of this Agreement shall be paid by Landowner.

17. Default.

17.1 Default. The failure of either party to perform any obligation or duty under this Agreement within the time required by this Agreement shall constitute an event of default. (For purposes of this Agreement, a party asserting that the other party is in default shall be referred to as the “Complaining Party” and the other party shall be referred to as the “Defaulting Party.”)

17.2 Notice. The Complaining Party may not place the Defaulting Party in default unless it has first given written notice to the Defaulting Party, specifying the nature of the default and the manner in which the default may be cured, if known to the Complaining Party. Any failure or delay by the Complaining Party in giving such notice shall not waive such default or waive any of the Complaining Party’s remedies.

17.3 Cure. The Defaulting Party shall have thirty (30) days from the receipt of notice to cure the default. If the default cannot be reasonably cured within such time, the default cure shall be deemed cured if: (1) the cure is commenced at the earliest practicable date following receipt of notice; (2) the cure is diligently prosecuted to completion at all times thereafter; (3) at the earliest practicable date (but in no event later than thirty (30) days after receiving the notice of default), the Defaulting Party provides written notice to the Complaining Party that the cure cannot be reasonably completed within such thirty (30) day period; and (4) the default is cured at the earliest practicable date, but in no event later than ninety (90) days after receipt of the first notice of default.

17.4 Remedies. If the Defaulting Party fails to cure a default in accordance with the foregoing, the Complaining Party shall have the right to terminate this Agreement upon notice to the Defaulting Party and, except as provided in Section 17.7 may pursue all remedies available at law or equity, including specific performance and injunctive relief.

17.5 Additional Procedures and Remedies. The Parties acknowledge that the foregoing default procedures and remedies are in addition to, and not in lieu of, the procedures and remedies set forth in City Council Resolutions 88- 111 and 96-62, and Landowner waives the argument that any default taken against Landowner is not valid for failing to comply with the procedures and remedies set forth in City Council Resolutions 88-111 and 96-62.

17.6 Building Permits. In addition to and not in lieu of its other remedies, in the event that the City gives Landowner a notice of default and opportunity to cure as provided in Section 17.3, the City shall have the right to withhold issuance of any building permits for the Project, provided there is a nexus 63 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
33 between the default and the structure for which the permit is being withheld, except where otherwise provided in this Agreement. Such withholding shall cease when the default is cured in accordance with this Agreement. For purposes of this Section, a nexus shall be deemed to exist if the default involves the failure of Landowner to timely pay fees or undertake or complete construction of the Improvements, any park, or any public improvement identified in this Agreement, the Mitigation Monitoring and Reporting Program, any comprehensive plan identified in Section 11, or any subsequent approval by the City related to the Project.

17.7 Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that the City would not have entered into this Agreement had it been exposed to liability for damages from Landowner, therefore, Landowner hereby waives all claims for damages against the City for breach of this Agreement. Landowner further acknowledges that under the Development Agreement Law, land use approvals (including development agreements) must be approved by the City Council and that under law, the City Council’s discretion to vote in any particular way may not be constrained by contract. Landowner therefore waives all claims for damages against the City in the event that this Agreement or any Project Approval is: (1) not approved by the City Council or (2) is approved by the City Council, but with new changes, amendments, conditions or deletions to which Landowner is opposed, subject to Landowner’s rescission rights under Section 17.8. Landowner further acknowledges that as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that under law, the City Council’s discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Landowner waives all claims for damages against the City in this regard.

17.8 Rescission. In the event that Landowner believes that the purposes of this Agreement have been frustrated by the City Council’s approval of this Agreement or any Project Approval with new changes, amendments, conditions or deletions to which Landowner is opposed, Landowner shall have ten (10) days after such approval in which to provide notice to the City that this Agreement shall be rescinded, without any further liability of the Parties.

18. Landowner’s Obligation to Maintain Unimproved Land.

18.1 General Obligation. Landowner shall be responsible for maintaining the property within the Project. Such maintenance includes the abatement of any nuisances, as defined in the West Sacramento Municipal Code.

18.2 WUSD Parcel. On March 3, 2022, Landowner and Washington Unified School District entered into a Property Exchange Agreement (Exhibit E) agreeing to exchange certain portions of real property belonging to each. 64 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
34 Landowner shall be responsible for the maintenance of the WUSD Exchange Parcel and Gift Parcel, as identified in the Property Exchange Agreement until such time as WUSD takes ownership of each.

19. Indemnification, Defense and Hold Harmless.

Landowner shall indemnify, defend, and hold harmless to the fullest extent permitted by law, the City from and against any and all claims, liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the Project, including any actions or inactions of Landowner’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Property and the Project), or Landowner’s failure to comply with any of its obligations in this Agreement, or Landowner’s failure to comply with any current or prospective Law; provided, however, that Landowner shall have no obligations under this Section for such loss or damage which was caused by the sole negligence or willful misconduct of the City, or with respect to the maintenance, repair or condition of any Improvement after dedication to and acceptance by the City or another public entity (except as provided in an improvement agreement or warranty bond). This indemnification obligation shall survive this Agreement and shall not be limited by any insurance policy, whether required by this Agreement or otherwise.

20. Insurance.

20.1 Public Liability and Property Damage Insurance. At all times that Landowner is constructing any Improvements, Landowner shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of two million dollars ($2,000,000) and a deductible of not more than fifty thousand dollars ($50,000) per claim. The policy so maintained by Landowner shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. In the event that multiple Landowners are constructing Improvements simultaneously, each Landowner shall maintain insurance in accordance with this Section.

20.2 Workers’ Compensation Insurance. At all times that Landowner is constructing any Improvements, Landowner shall maintain workers’ compensation insurance for all persons employed by Landowner for work at the Project site. Landowner shall require each contractor and subcontractor similarly to provide workers’ compensation insurance for its respective employees. Landowner agrees to indemnify the City for any damage resulting from Landowner’s failure to maintain any such insurance.

Evidence of Insurance. Prior to commencement of construction of any Improvements, Landowner shall furnish City satisfactory evidence of the insurance required in Sections 20.1 and 20.2 and evidence that the carrier is required to give the City at least fifteen (15) days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall 65 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
35 extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Landowner performing work on the Project. Landowner shall provide to the City such evidence of insurance annually on or before July 1.

21. Binding Effect on Successors.

21.1 Assignment. Landowner may not assign its interests under this Agreement without the: (1) prior written consent of the City Manager, which consent shall not be unreasonably withheld; and (2) execution by Landowner and the assignee of the form of assignment and assumption attached hereto as Exhibit B (the “Liberty Assignment and Assumption Agreement”). Any proposed assignment of Landowner’s obligations under this Agreement shall include a plan, acceptable to the City, explaining how the Landowner’s obligations and rights to receive fee credits or reimbursement under this Agreement shall be apportioned. Upon approval of such assignment and assumption, Landowner shall be released from any further liability or obligation hereunder related to that portion of the Property and rights and obligations so conveyed, and the Successor shall be deemed to fully assume the rights and obligations of Landowner for purposes of this Agreement with respect to such conveyed property except as otherwise expressly provided in the Assignment and Assumption Agreement. For purposes of this Section, it shall not be unreasonable for the City Manager to withhold consent unless and until the proposed assignee demonstrates that it has the financial capability and experience needed to complete development of the Project or respective portions thereof, in the case of a partial assignment, and in accordance with the terms of this Agreement.

21.1.1 Notwithstanding the foregoing, the City Manager’s consent to Landowner’s assignment of its obligations to install the improvements described in Section 8.3 of the Liberty Specific Plan may be withheld in the City Manager’s sole, absolute and unfettered discretion.

21.1.2 Any attempt to assign any rights under this Agreement other than by executing the Assignment and Assumption Agreement shall be void and constitute a default under this Agreement. Notwithstanding the foregoing, private parties who purchase an individual parcel defined by an approved and recorded final subdivision map that has been improved with a dwelling structure shall not be required to execute the form of assignment, shall not be considered Successors, and this Agreement shall not be binding upon them.

21.2 Subsequent Assignments. Any Successor may assign its rights under this Agreement by complying with the procedures set forth in this Agreement. 66 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
36 21.3 Runs with the Land. Except as otherwise provided in this Agreement, all of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1466 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property: (a) is for the benefit of such properties and is a burden upon such properties; (b) runs with such properties; and (c) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each Party and its property hereunder and each other person succeeding to an interest in such properties.

22. Further Assurances, Consent, Cooperation and Implementation.

22.1 Further Executions. The Parties agree to execute such reasonable additional instruments as are necessary to effectuate the intent of this Agreement; provided, however, that the City Council’s discretion to vote in a particular manner cannot be constrained and that the City shall not be required to incur any costs thereby. Whenever the consent or approval of the other party is required under this Agreement, such consent shall not be unreasonably withheld, conditioned or delayed. The Parties shall cooperate in good faith in obtaining any permits, entitlements or approvals required by other government entities for the Project.

22.2 Subsequent Approvals. The Parties recognize and acknowledge that certain other land use approvals, entitlements, and permits other than the Project Approvals are necessary or desirable for the Project (collectively, the “Subsequent Approvals”). In particular, the Parties contemplate that Landowner will seek approvals for subdivision maps, use permits, and building and grading permits. The Subsequent Approvals may also include, without limitation, the following: amendments of the Project Approvals, design review approvals, improvement agreements, use permits, grading permits, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, subdivision maps, re-zonings, development agreements, permits, re-subdivisions, and any amendments to, or repealing of, any of the foregoing.

22.2.1 Landowner acknowledges that City cannot process Subsequent Approvals unless and until Landowner submits complete
applications on a timely basis. Landowner shall use its best efforts to (1) provide to City in a timely manner any and all documents, 67 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
37 applications, plans, and other information necessary for City to carry out its obligations hereunder; and (2) cause Landowner’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other necessary required materials as set forth in the applicable City Law.

City may approve an application for such a Subsequent Approval subject to any conditions necessary to bring the Subsequent Approval into compliance with this Agreement or Applicable Law, or as necessary to make this Subsequent Approval consistent with the Project Approvals.

23. Miscellaneous.

23.1 Prevailing Wages. Landowner shall pay prevailing wages, and shall direct its contractors and other parties with which it has a contractual relationship with respect to the Project, to pay prevailing wages only if the same is required by the Prevailing Wage Law (Labor Code Section 1720 et seq.).

Landowner’s indemnification, defense and hold harmless obligations under Section 19 shall extend to any failure to pay prevailing wages in connection with the Project, only as required by State law.

23.2 Estoppel Certificate. Either Party may at any time request the other Party to certify in writing that: (1) this Agreement is in full force and effect; (2) this Agreement has not been amended except as identified by the other Party; and (3) to the best knowledge of the other Party, the requesting Party is not in default, or if in default, the other Party shall describe the nature and any amount of any such default. The other Party shall use its best efforts to execute and return the estoppel certificate to the requesting Party within thirty (30) days of the request. The City Manager shall have authority to execute such certificates on behalf of the City.

23.3 Recordation. This Agreement shall not be operative until recorded with the Yolo County Recorder’s office. Landowner shall record this Agreement at its expense with the County Recorder’s office within ten (10) days of the Effective Date, and shall cause any amendment to this Agreement or any instrument affecting the term of this Agreement to be recorded within ten (10) days from date on which the same become effective. Any amendment to this Agreement or any instrument affecting the term of this Agreement which affects less than all of the Property shall contain a legal description of the portion thereof that is the subject of such amendment or instrument.

Alternatively, Landowner and City may execute the instrument entitled “Memorandum of Development Agreement” attached hereto as Exhibit C, which shall be recorded against the Property, in lieu of recording the entire Agreement.
68 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
38 23.4 Notices. All notices required by this Agreement or the Development Agreement Law shall be in writing and personally delivered or sent by certified mail, postage prepaid, return receipt requested.

Notice required to be given to the City shall be addressed as follows:

CITY OF WEST SACRAMENTO
City Manager
1110 West Capitol Avenue
West Sacramento, CA 95691
Notice required to be given to Landowner shall be addressed as follows:

TERRY TEEPLE
Project Director – Pacific-Teal Development, LLC
25041 Trailview Terrace
Lake Forest, CA 92630
Paik Family Properties
19818 South Alameda Blvd.

Compton CA 90221-6211
Attn: Nelson Paik
Either Party may change the address stated herein by giving notice in writing to the other Party, and thereafter notices shall be addressed and transmitted to the new address. All notices shall be deemed received on the earlier of the date that personal delivery is effected or the date shown on the return receipt.

23.5 References to Municipal Code. This Agreement contains references to articles and sections of the City’s Municipal Code. If, after the Effective Date, the City amends or renumbers its Municipal Code, then the references in this Agreement shall be understood to apply to the amended or renumbered Municipal Code.

23.6 Third Party Beneficiaries. This Agreement is entered into for the sole benefit of the Parties and any Successors. No other party shall have any cause of action or the standing to assert any rights under this Agreement.

23.7 Force Majeure. Neither Party shall be liable for, and both Parties shall be excused from, any failure to deliver or perform or for delay in delivery or performance (except any obligation to pay any sum of money) due to any act of God. The foregoing shall not apply to floods that affect the Property.

The Party claiming an extension due to Force Majeure shall send written notice to the other Party within thirty (30) days from the commencement of the cause describing the circumstances.
69 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
39 23.8 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

23.9 Attorney’s Fees and Costs in Legal Actions by Parties to the Agreement.

Should any legal action be brought by either Party for breach of this Agreement or to enforce any provisions herein, the prevailing Party to such action shall be entitled to reasonable attorney’s fees, court costs, and such other costs as may be fixed by the Court.

23.10 Attorney’s Fees and Costs in Legal Actions by Third Parties to the Agreement. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the Parties shall cooperate and appear in defending such action. Landowner shall bear its own costs of defense as a real party in interest in any such action, and Landowner shall reimburse City for all reasonable court costs and attorney’s fees expended by City in defense of any such action or other proceeding, provided that City reasonably cooperates with Landowner in the defense of such action.

23.11 Liability of City Officials. No City official or employee shall be personally liable under this Agreement.

23.12 Delegation. Any reference to any City body, official or employee in this Agreement shall include the designee of that body, official or employee, except where delegation is prohibited by law.

23.13 Severability. Should any provision of this Agreement be found invalid or unenforceable by a court of law, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

23.14 Integration. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof and supersedes any previous oral or written agreement. This Agreement may be modified or amended only by a subsequent written instrument executed by all of the Parties.

23.15 Counterparts. This Agreement may be signed in one (1) or more counterparts, and will be effective when all of the Parties have affixed their signatures to the counterparts, at which time the counterparts together shall be deemed one (1) original document; provided, however, that all executed counterparts are provided to the City Clerk.

23.16 Interpretation. The Parties acknowledge that this Agreement has been negotiated by both Parties and their legal counsel and agree that this Agreement shall be interpreted as if drafted by both Parties.

23.17 Inconsistency. In the event of any conflict or inconsistency between the provisions of this Agreement and the General Plan, the Liberty Specific 70 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
40 Plan, or any other Project Approvals or exhibits, this Agreement shall prevail; provided, however, that this provision shall not be interpreted to prevent an exhibit from being updated when required by this Agreement or when agreed to by the Parties.

23.18 Incorporation. The following Exhibits attached hereto are incorporated into this Agreement and made a part hereof by this reference.

Exhibit Description
A Legal Description of the Property
B Liberty Assignment and Assumption Agreement
C Memorandum of Development Agreement
D Sample Fee Credit Assignment Letter
E WUSD Property Exchange Agreement

23.19 Compliance with Laws. In connection with its performance under this Agreement, Landowner shall comply with all applicable present and prospective laws.

23.20 Applicable Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law. In the event of litigation arising under this Agreement, venue shall reside exclusively in the Superior Court of the County of Yolo.

23.21 Time of the Essence. Time is of the essence of this Agreement. [Signatures appear on following page]
71 Liberty Development Agreement
4854-2507-4643.23 007203.526
Effective Date: June 20, 2025
41 IN WITNESS WHEREOF, the Parties hereto are executing this Agreement on the dates set forth below, to be effective as of the Effective Date. “CITY” “LANDOWNER”

CITY OF WEST SACRAMENTO PAIK FAMILY TRUST
By: _____________________________ By: _____________________________ Name: _____________________________ Name: _____________________________ Its: _____________________________ Its: _____________________________ Dated: ________________________, 2025 Dated: ________________________, 2025 ATTEST: APPROVED AS TO FORM:
___________________________________ ___________________________________ Jennifer Cusmir, City Clerk Jeffrey A. Mitchell, City Attorney 72 4854-2507-4643.23 007203.526 A-1
Exhibit A
Legal Description of the Property
Real property in the City of West Sacramento , County of Yolo, State of California, described as follows: PARCEL ONE: (PUBLIC TRUST TERMINATION PARCEL)

ALL THAT LAND SITUATE IN THE CITY OF WEST SACRAMENTO, COUNTY OF YOLO,

STATE OF CALIFORNIA, BEING PARCEL ONE, PARCEL ONE-A, AND PARCEL TWO OF THAT CERTAIN GRANT DEED RECORDED JANUARY 26, 2012 AS INSTRUMENT NO. 2012-0002616-00, OFFICIAL RECORDS OF YOLO COUNTY; TOGETHER WITH THAT

CERTAIN PARCEL OF LAND AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JANUARY 26, 2012 AS INSTRUMENT NO. 2012-0002618-00, OFFICIAL RECORDS OF YOLO COUNTY.

EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS FOLLOWS:

BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE "N 67°13'28" W 2105.59" AS SHOWN ON THAT CERTAIN MAP FILED DECEMBER 28, 1978 IN BOOK 4 OF PARCEL MAPS AT PAGE 65, YOLO COUNTY RECORDS; THENCE FROM SAID

POINT OF BEGINNING ALONG THE SOUTHERLY LINE OF PARCEL B OF SAID MAP, NORTH 67°13'17" WEST 681.34 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND EASEMENT AS DESCRIBED IN THAT CERTAIN DEED DATED OCTOBER 3, 1912 AND RECORDED IN BOOK 80 OF DEEDS AT PAGE 397, OFFICIAL RECORDS OF YOLO COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 36°27'39" EAST 182.84 FEET; THENCE NORTH 67°05'39" EAST 175.30 FEET; THENCE NORTH 48°57'39" EAST 250.00 FEET; THENCE NORTH 18°57'39" EAST 7.14 FEET TO A POINT ON THE SOUTHERLY LINE OF

THAT CERTAIN PARCEL AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 20, 1957 IN VOLUME 529 PAGE 551, OFFICIAL RECORDS YOLO COUNTY; THENCE LEAVING SAID RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND

EASEMENT LINE AND ALONG THE SOUTHERLY AND EASTERLY LINES OF SAID PARCEL, SOUTH 87°56'49" EAST 73.85 FEET; THENCE NORTH 19°26'36" EAST 412.49 FEET TO A POINT ON SAID RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND EASEMENT LINE; THENCE LEAVING SAID EASTERLY LINE AND ALONG THE NORTHWESTERLY LINE OF SAID RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND EASEMENT LINE, NORTH 79°57'39" EAST 215.23 FEET; THENCE NORTH 61°42'39" EAST 250.00 FEET; THENCE NORTH 80°42'39" EAST 690.00 FEET; THENCE SOUTH 76°55'51" EAST 300.30 FEET; THENCE NORTH 55°42'39" EAST 268.24 FEET; THENCE LEAVING SAID RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND EASEMENT LINE, SOUTH 32°26'49" EAST 239.13 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL B; THENCE ALONG THE SOUTHEASTERLY AND EASTERLY LINES OF SAID PARCEL B, SOUTH 59°40'42" WEST 46.85 FEET; THENCE SOUTH 61°28'46" WEST 101.25 FEET; THENCE SOUTH 62°57'43" WEST 148.73 FEET; THENCE SOUTH 01°08'57" WEST 346.76 FEET; THENCE SOUTH 57°59'35" WEST 450.79 FEET; THENCE SOUTH 68°10'32" WEST 1236.97 FEET TO THE POINT OF BEGINNING.

THE BASIS OF BEARINGS OF THIS DESCRIPTION IS THE MONUMENT LINE BETWEEN CITY OF WEST SACRAMENTO GEODETIC CONTROL STATIONS C21-01 AND B22-01 AS SHOWN ON THAT CERTAIN MAP FILED AS BOOK 13 OF MAPS & SURVEYS PAGE 61, YOLO COUNTY RECORDS, THE BEARING OF WHICH IS NORTH 71°33'48" EAST. 73 4854-2507-4643.23 007203.526 A-2

EXCEPTING THEREFROM THAT PORTION CONVEYED TO WEST SACRAMENTO

AREA FLOOD CONTROL AGENCY, A JOINT POWERS AUTHORITY BY GRANT DEED RECORDED JULY 25, 2016 AS INSTRUMENT NO. 2016-0019965.

PARCEL TWO: (INTENTIONALLY DELETED)
PARCEL THREE: (INTENTIONALLY DELETED)
PARCEL FOUR:

THAT PARCEL OF LAND LYING WITHIN SWAMP LAND SURVEY NO. 283, YOLO COUNTY SURVEYS, DESCRIBED AS FOLLOWS:

FROM THE 3/4 INCH IRON PIPE MARKING THE SOUTHEASTERLY CORNER OF

JEFFERSON SUBDIVISION AND THE NORTHEASTERLY CORNER OF BOULEVARD

SUBDIVISION, SAME BEING LOCATED ON THE CENTER LINE OF ANTIOCH AVENUE,

AS SAID SUBDIVISIONS APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY, IN MAP BOOK 2, AT PAGES 85 AND 74 RESPECTIVELY, AND EXTENDING THENCE EAST 15.63 FEET TO A 3/4 INCH IRON

PIPE MONUMENT THAT IS ON THE CENTER LINE OF DAVIS ROAD, AS SAME EXTENDS SOUTH 66 DEG. 55' 20" EAST, TOWARD THE SACRAMENTO RIVER; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG THE CENTER LINE OF SAID DAVIS ROAD, A DISTANCE OF 2689.16 FEET TO A POINT MARKED BY A 3/4 INCH BY 40 INCH IRON PIPE WHICH IS THE POINT OF BEGINNING, NORTH 23 DEG. 03' 40" EAST, 442.75 FEET TO A POINT MARKED BY A 1 1/2 INCH IRON PIPE; THENCE SOUTH 66 DEG. 55' 20"

EAST ALONG A LINE PARALLEL WITH THE CENTER LINE OF SAID DAVIS ROAD, A DISTANCE OF 906.56 FEET TO A POINT MARKED BY A 2 INCH IRON PIPE AND

SITUATE IN THE WESTERLY LINE OF THE RIGHT OF WAY OF RECLAMATION DISTRICT NO. 900, FOR RECLAMATION PURPOSES; THENCE DOWN AND ALONG SAID WESTERLY LINE OF SAID RIGHT OF WAY FOR RECLAMATION PURPOSES, SOUTH 6 DEG. 00' WEST, 155.30 FEET; THENCE SOUTH 3 DEG. 30' EAST, 320.00 FEET; THENCE SOUTH 15 DEG. 30' EAST, 10.39 FEET TO THE POINT OF INTERSECTION WITH THE CENTER LINE OF SAID DAVIS ROAD; THENCE LEAVING THE SAID WESTERLY LINE OF SAID RIGHT OF WAY FOR RECLAMATION PURPOSES, AND EXTENDING NORTH 66 DEG. 55' 20" WEST ALONG THE CENTER LINE OF SAID DAVIS ROAD, A DISTANCE OF 1101.70 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.

ALSO ALL THAT REAL PROPERTY THAT LIES TO THE EAST OF AND ADJACENT TO

THE HEREINABOVE DESCRIBED TRACT AND ADJACENT TO THE WESTERLY BANK

OF THE SACRAMENTO RIVER AND WITHIN THE PROLONGATION OF THE

SOUTHWESTERLY AND NORTHEASTERLY LINES OF THE HEREINABOVE DESCRIBED TRACT.
(THE MAP WHEREON THE HEREINABOVE DESCRIBED TRACT IS DELINEATED,

APPEARS OF RECORD IN THE OFFICE OF THE RECORDER OF YOLO COUNTY, IN BOOK 5 OF MAPS AND SURVEYS, AT PAGE 38.)

EXCEPTING THEREFROM THOSE PARCELS OF LAND DESCRIBED IN THE DEED TO THE COUNTY OF YOLO, RECORDED APRIL 24, 1970, IN BOOK 941, PAGE 410, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
74 4854-2507-4643.23 007203.526 A-3
(1) COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF DAVIS ROAD WITH COURSE NO. 10 OF THE RECLAMATION DISTRICT 900 WESTERLY RIVER

LEVEE RIGHT OF WAY LINE AS SHOWN IN DETAIL ON THE RECORD OF SURVEY FOR BONDHOLDERS COMMITTEE PARCEL NO. 4, FILED IN BOOK 10 OF MAPS AND SURVEYS AT PAGE 43 IN ;THE OFFICE OF THE RECORDER OF THE COUNTY OF YOLO; THENCE NORTHERLY ALONG SAID RIVER LEVEE RIGHT OF WAY LINE THE FOLLOWING TWO COURSES:
91) NORTH 15 DEG. 48' 00" WEST 10.39 FEET, (2) NORTH 03 DEG. 48' 00" WEST 18.87

FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID DAVIS ROAD, THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 67 DEG. 13' 28" WEST 369.28 FEET; THENCE NORTH 22 DEG. 46' 32" EAST 4.00 FEET; THENCE SOUTH 75 DEG. 39' 14" EAST 345.67 FEET TO SAID WESTERLY RIVER LEVEE RIGHT OF WAY LINE; THENCE SOUTHERLY ALONG SAID RIVER LEVEE RIGHT OF WAY LINE SOUTH 03 DEG. 48' 00" EAST 61.13 FEET TO THE TRUE POINT OF BEGINNING.
(2) COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF DAVIS ROAD WITH COURSE NO. 10 OF THE RECLAMATION DISTRICT 900 WESTERLY RIVER

LEVEE RIGHT OF WAY LINE AS SHOWN IN DETAIL ON THE RECORD OF SURVEY FOR BONDHOLDERS COMMITTEE PARCEL NO. 4, FILED IN BOOK 10 OF MAPS AND SURVEYS AT PAGE 43 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF YOLO, CALIFORNIA; THENCE NORTHERLY ALONG SAID RIVER LEVEE RIGHT OF

WAY LINE THE FOLLOWING
TWO COURSES: (1) NORTH 15 DEG. 48' 00" WEST 10.39 FEET, (2) NORTH 03 DEG. 48' 00" WEST 80.00 FEET TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 1, THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID NORTHERLY LINE NORTH 75 DEG. 39' 14" WEST 345.67 FEET THENCE SOUTH 22 DEG. 46' 32" WEST 4.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF DAVIS ROAD; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 67 DEG. 13' 28" WEST 15.00 FEET; THENCE NORTH 22 DEG. 46' 32" EAST 16.95 FEET; THENCE SOUTH 75 DEG. 39' 14" EAST 353.69 FEET TO SAID WESTERLY RIVER LEVEE RIGHT OF WAY LINE; THENCE SOUTHERLY ALONG SAID RIVER LEVEE RIGHT OF WAY LINE SOUTH 03 DEG. 48' 00" EAST 15.79 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL FIVE:

FROM THE 3/4 INCH IRON PIPE MARKING THE SOUTHEASTERLY CORNER OF

JEFFERSON SUBDIVISION AND THE NORTHEASTERLY CORNER OF BOULEVARD

SUBDIVISION, THE SAME BEING LOCATED ON THE CENTER LINE OF ANTIOCH

AVENUE, AS SAID SUBDIVISIONS APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY IN MAP BOOK 2 AT PAGES 85 AND 74, RESPECTIVELY, AND EXTENDING THENCE EAST 15.63 FEET TO A 3/4 INCH IRON

PIPE MONUMENT THAT IS ON THE CENTER LINE OF DAVIS ROAD AS SAME EXTENDS SOUTH 66 DEG. 55' 20" EAST TOWARD THE SACRAMENTO RIVER; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG THE CENTER LINE OF SAID DAVIS ROAD EXTENSION A DISTANCE OF 2689.16 FEET TO A POINT MARKED BY A 3/4 INCH IRON PIPE AS SHOWN ON THE MAP OF THE RELOCATION SURVEY IN RECLAMATION DISTRICT NO. 900 WHICH IS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF YOLO 75 4854-2507-4643.23 007203.526 A-4
COUNTY, IN MAPS AND SURVEYS 5 AT PAGE 38; THIS LAST MENTIONED POINT BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 23 DEG. 04' 40" EAST A DISTANCE OF 2256.87 FEET TO 1 1/2 INCH IRON PIPE MONUMENT; THENCE NORTH 66 DEG. 55' 20" WEST A DISTANCE OF 385.54 FEET TO A 1 1/4 INCH BY 4 FEET STEEL AXLE; THENCE SOUTH 23 DEG. 04' 40" WEST PARALLEL TO THE FIRST COURSE OF THIS DESCRIPTION, A DISTANCE OF 2256.87 FEET TO 3/4 INCH IRON PIPE, SAID PIPE BEING ON THE CENTER LINE OF DAVIS ROAD EXTENSION; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG THE CENTER LINE OF DAVIS ROAD EXTENSION A DISTANCE OF 385.54 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.

PARCEL SIX:

ALL THAT CERTAIN 0.35 ACRE PARCEL OF LAND AS SHOWN ON MAPS AND SURVEYS BOOK 10, AT PAGE 34 IN THE OFFICE OF THE COUNTY RECORDER OF

THE COUNTY OF YOLO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF JEFFERSON BOULEVARD AND

THE NORTHEASTERLY CORNER OF BOULEVARD SUBDIVISION, SOME BEING

LOCATED ON THE CENTER LINE OF ANTIOCH AVENUE, AS SAID SUBDIVISIONS

APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY IN MAP BOOK 2 AT PAGES 85 AND 74, RESPECTIVELY, THENCE EXTENDING EAST 15.63 FEET TO A POINT ON THE CENTER LINE OF DAVIS ROAD; THENCE ALONG THE CENTER LINE OF DAVIS ROAD S 66 DEG. 55' 20" E 2689.16 FEET; THENCE N 27 DEG. 03' 40" E 442.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING N 23 DEG. 03' 40" E 34.00 FEET; THENCE S 77 DEG. 44' 40" E 258.00 FEET; THENCE S 12 DEG. 15' 20" W 83.93 FEET; THENCE N 66 DEG. 55' 20" W 269.17 FEET; TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE

DOMESTIC WELL AND PUMPING PLANT LOCATED ON THE ABOVE DESCRIBED PROPERTY TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS THERETO.

ALSO EXCEPTING THEREFROM THE RIGHT OF INGRESS AND EGRESS FOR DRIVEWAY PURPOSES, OVER A STRIP OF LAND 25 FEET IN WIDTH WHICH IS

PARALLEL WITH AND CONTIGUOUS WITH THE WESTERLY LINE OF THE ABOVE DESCRIBED 0.35 ACRE PARCEL OF LAND.

PARCEL SEVEN:

FROM THE 3/4 INCH IRON PIPE MARKING THE SOUTHEASTERLY CORNER OF

JEFFERSON SUBDIVISION AND THE NORTHEASTERLY CORNER OF BOULEVARD

SUBDIVISION, SAME BEING LOCATED ON THE CENTER LINE OF ANTIOCH AVENUE,

AS SAID SUBDIVISIONS APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY IN MAP BOOK 2 AT PAGES 85 AND 74, RESPECTIVELY, AND EXTENDING THENCE EAST 15.63 FEET TO A 3/4 INCH IRON PIPE MONUMENT THAT IS ON THE CENTER LINE OF DAVIS ROAD AS SAME EXTENDS SOUTH 66 DEG. 55' 20" EAST TOWARD THE SACRAMENTO RIVER; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG THE CENTER LINE OF SAID DAVIS ROAD A DISTANCE OF 2689.16 FEET 76 4854-2507-4643.23 007203.526 A-5
TO A POINT MARKED BY A 3/4 INCH BY 40 INCH IRON PIPE; THENCE NORTH 23 DEG. 03' 40" EAST A DISTANCE OF 442.75 FEET TO A POINT MARKED BY A 1 1/2 INCH IRON PIPE, WHICH IS THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE CONTINUING NORTH 23 DEG. 03' 40" EAST ALONG A PROPERTY LINE A DISTANCE OF 814.12 FEET TO A 1 1/2 INCH IRON PIPE; THENCE SOUTH 66 DEG. 55' 20" EAST

ALONG A LINE PARALLEL WITH THE CENTER LINE OF DAVIS ROAD A DISTANCE OF 786.69 FEET TO A POINT MARKED BY A 1 1/2 INCH IRON PIPE SITUATE IN THE WESTERLY LINE OF THE RIGHT OF WAY OF RECLAMATION DISTRICT NO. 900 FOR RECLAMATION PURPOSES; THENCE DOWN AND ALONG SAID WESTERLY LINE OF SAID RIGHT OF WAY FOR RECLAMATION PURPOSES SOUTH 39 DEG. WEST 51.89 FEET TO A POINT MARKED BY A 3/4 INCH IRON PIPE; THENCE SOUTH 31 DEG. 04' WEST A DISTANCE OF 198.65 FEET TO A POINT MARKED BY A 1 INCH IRON PIPE; THENCE ON AND ALONG SAME COURSE SOUTH 31 DEG. 04' WEST AN ADDITIONAL

27.95 FEET TO A POINT; THENCE SOUTH 6 DEG. 00' WEST A DISTANCE OF 564.70 FEET TO A POINT; THENCE LEAVING SAID WESTERLY LINE OF SAID RIGHT OF WAY FOR RECLAMATION PURPOSES AND EXTENDING NORTH 66 DEG. 55' 20" WEST A DISTANCE OF 36.41 FEET TO A POINT MARKED BY A 2 INCH IRON PIPE; THENCE ON AND ALONG SAID COURSE NORTH 66 DEG. 55' 20" WEST AN ADDITIONAL DISTANCE OF 870.15 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.

ALSO ALL THAT REAL PROPERTY THAT LIES TO THE EAST OF AND ADJACENT TO

THE HEREINABOVE DESCRIBED TRACT AND ADJACENT TO THE WESTERLY BANK

OF THE SACRAMENTO RIVER AND WITHIN THE PROLONGATION OF THE

NORTHEASTERLY AND SOUTHWESTERLY LINES OF THE HEREINABOVE DESCRIBED TRACT.
(THE MAP WHEREON THE HEREINABOVE DESCRIBED TRACT IS DELINEATED,

APPEARS OF RECORD IN THE OFFICE OF THE RECORDER OF YOLO COUNTY, IN BOOK 5 OF MAPS AND SURVEYS, AT PAGE 38.)

EXCEPTING THEREFROM
ALL THAT CERTAIN 0.35 ACRE PARCEL OF LAND AS SHOWN ON MAPS AND SURVEYS BOOK 10, AT PAGE 34 IN THE OFFICE OF THE COUNTY RECORDER OF

THE COUNTY OF YOLO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF JEFFERSON SUBDIVISION AND

THE NORTHEASTERLY CORNER OF BOULEVARD SUBDIVISION, SAME BEING

LOCATED ON THE CENTER LINE OF ANTIOCH AVENUE, AS SAID SUBDIVISION

APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY IN MAP BOOK 2 AT PAGES 85 AND 74, RESPECTIVELY, THENCE EXTENDING EAST 15.63 FEET TO A POINT ON THE CENTER LINE OF DAVIS ROAD; THENCE ALONG THE CENTER LINE OF DAVIS ROAD S. 66 DEG. 55' 20" E. 2689.16 FEET; THENCE N. 23 DEG. 03' 40" E 442.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING N 23 DEG. 03' 40" E 34.00 FEET; THENCE S 77 DEG. 44' 40" E 258.00 FEET; THENCE S 12 DEG. 15' 20" W 83.93 FEET; THENCE N 66 DEG. 55' 20" W 269.17 FEET; TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE

DOMESTIC WELL AND PUMPING PLANT LOCATED ON THE ABOVE DESCRIBED 77 4854-2507-4643.23 007203.526 A-6
PROPERTY TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS THERETO.

ALSO EXCEPTING THEREFROM THE RIGHT OF INGRESS AND EGRESS FOR DRIVEWAY PURPOSES, OVER A STRIP OF LAND 25 FEET IN WIDTH WHICH IS

PARALLEL WITH AND CONTIGUOUS WITH THE WESTERLY LINE OF THE ABOVE DESCRIBED 0.35 ACRE PARCEL OF LAND.

PARCEL EIGHT:

BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1, AS SHOWN ON PARCEL MAP NO. 3672, FILED FOR RECORD IN BOOK 10 OF PARCEL MAPS, PAGES 75 AND 76, YOLO COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING NORTH 22°46'32" EAST 1000.00 FEET; THENCE SOUTH 67°13'28" EAST 1407.68 FEET; THENCE SOUTH 62°53'39" WEST 305.15 FEET; THENCE SOUTH 53°28'47" WEST 402.96 FEET; THENCE SOUTH 39°32'06" WEST 438.82 FEET; THENCE NORTH 67°13'28" WEST 878.76 FEET TO THE POINT OF BEGINNING.

THIS LEGAL IS MADE PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED MARCH 18, 2005 AS INSTRUMENT NO. 2005-12509 OF OFFICIAL RECORDS.

EXCEPTING FROM PARCELS ONE THROUGH EIGHT ABOVE THOSE PORTIONS

CONVEYED TO WEST SACRAMENTO AREA FLOOD CONTROL AGENCY, A JOINT POWERS AUTHORITY BY GRANT DEED RECORDED AUGUST 21, 2015 AS INSTRUMENT NO. 2015-0023602 AS REPLACED AND SUPERSEDED BY THAT CORRECTING GRANT DEED RECORDED OCTOBER 20, 2016 AS INSTRUMENT NO. 2016-0030924.

PARCEL NINE: (INTENTIONALLY DELETED)
PARCEL TEN: (INTENTIONALLY DELETED)
PARCEL ELEVEN: (QUIET TITLE)
A PORTION OF SWAMP AND OVERFLOW LAND SURVEY NO. 389 DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWESTERLY CORNER OF THE TRACT OF LAND SHOWN AND DESIGNATED AS "DESIGNATED REMAINDER" ON THE VESTING MAP OF "PARLIN RANCH SOUTHPORT VILLAGE 1C" FILED IN BOOK 2006 OF MAPS, PAGE 67, YOLO

COUNTY RECORDS, SAID CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF

THE FORMER SACRAMENTO NORTHERN RAILROAD RIGHT OF WAY, NOW KNOWN AS CLARKSBURG BRANCH TRAIL; THENCE FROM SAID POINT OF BEGINNING, ALONG THE SOUTHWESTERLY LINE OF THE "PARLIN RANCH SOUTHPORT VILLAGE 1C" TRACT OF LAND SOUTH 67°13'19" EAST 1,326.85 FEET TO THE SOUTHEASTERLY

CORNER THEREOF, SAID CORNER ALSO BEING ON THE GENERAL

NORTHWESTERLY LINE OF PARCEL B, AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP FILED IN BOOK 4 OF PARCEL MAPS, PAGE 65, YOLO COUNTY RECORDS; THENCE ALONG SAID GENERAL NORTHWESTERLY LINE OF PARCEL B THE FOLLOWING TWO (2) COURSES:
(1) SOUTH 22°46'14" WEST 7.03 FEET AND
(2) NORTH 67°13'19" WEST 1,326.85 FEET TO THE ABOVE MENTIONED

SOUTHEASTERLY LINE OF THE FORMER SACRAMENTO NORTHERN RAILROAD 78 4854-2507-4643.23 007203.526 A-7
RIGHT OF WAY;
THENCE ALONG SAID RIGHT OF WAY NORTH 22°46'23" EAST 7.03 FEET TO THE POINT OF BEGINNING.

APN: 046-050-063-000 (Affects Portion of Parcels One and Eleven), 046-100-015-000 (Affects Portion of Parcel One),
046-100-003-000 (Affects Parcel Five)
046-100-005-000 (Affects Parcel Seven),
046-100-006-000 (Affects Parcel Six),
046-100-007-000 (Affects Parcel Four), and
046-100-013-000 (Affects Parcel Eight)
79 4854-2507-4643.23 007203.526 B-1
Exhibit B
Liberty Assignment and Assumption Agreement

OFFICIAL BUSINESS
Document entitled to free recording
Government Code Section 6103

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Attn: City Clerk
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

LIBERTY ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS LIBERTY ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made by and between PAIK FAMILY TRUST (“TRUST”), and __________________, a _________________ (“Assignee”).

RECITALS

1. The City of West Sacramento and the Trust entered into that certain “Liberty Development Agreement” effective June 20, 2025 (the “Development Agreement”). Pursuant to the Development Agreement, the Trust agreed to develop the Property (as that term is defined in the Development Agreement) as set forth in the Development Agreement. The Development Agreement was recorded against the Property in the Official Records of Yolo County on ________________, 2025, as Instrument No. ___________.

2. The Trust intends to convey a portion of the Property to Assignee, commonly referred to as Parcel _________, and more particularly identified and described in Exhibit 1 attached hereto and incorporated herein by this reference (the “Assigned Parcel”).

3. The Trust desires to assign and Assignee desires to assume all of the Trust’s rights, title, interest, burdens and obligations under the Development Agreement with respect to and as related to the Assigned Parcel.
80 4854-2507-4643.23 007203.526 B-2

ASSIGNMENT AND ASSUMPTION
NOW, THEREFORE, the Trust and Assignee hereby agree as follows:

1. The Trust hereby assigns, effective as of its conveyance of the Assigned Parcel to Assignee, [all of the rights, title, interest, burdens and obligations of the Trust under the Development Agreement with respect to the Assigned Parcel.[ or [those rights, title, interest, burdens and obligations of the Trust under the Development Agreement set forth in Exhibit 2 to this Assignment.] The Trust retains all the rights, title, interest, burdens and obligations under the Development Agreement with respect the Property other than [the Assigned Parcel] or [the rights, title, interest, burdens and obligations under the Development Agreement set forth in Exhibit 2 to this Assignment].

2. Assignee hereby assumes all of the rights, title, interest, burdens, and obligations of the Trust under the Development Agreement [with respect to the Assigned Parcel] or [set forth in Exhibit 2 to this Agreement], and agrees to observe and fully perform all of the duties and obligations of the Trust under the Development Agreement [with respect to the Assigned Parcel] or [set forth in Exhibit 2]. The Parties intend hereby that, upon the execution of this Agreement and conveyance of the Assigned Parcel to Assignee, Assignee shall become substituted for the Trust as the “Landowner” under the Development Agreement [with respect to the Assigned Parcel] or [as set forth in Exhibit 2].

3. Assignee understands and agrees that certain obligations under the Development Agreement are triggered by dates. Other obligations are triggered when the development of Dwelling Units within the Project (as those terms are used in the Development Agreement) reaches a certain number. Notwithstanding anything contained in this Assignment, Assignee understands that it will continue to be bound by these triggers unless the Parties to this Assignment, with the prior written consent of the City, agree otherwise.

3. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, successors and assigns.

4. The Notice Address described in the Development Agreement for the Trust with respect to the Assigned Parcel shall be:

TERRY TEEPLE
Project Director – Pacific-Teal Development, LLC
25041 Trailview Terrace
Lake Forest, CA 92630
Paik Family Properties
19818 South Alameda Blvd.

Compton CA 90221-6211
Attn: Nelson Paik

5. This Agreement may be signed in identical counterparts.

IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of this ____ day of __________, 20__.
81 4854-2507-4643.23 007203.526 B-3
“TRUST” “ASSIGNEE”
PAIK FAMILY TRUST ___________________________________
By: _____________________________ By: _____________________________ Name: _____________________________ Name: _____________________________ Its: _____________________________ Its: _____________________________ Dated: _____________________________ Dated: _____________________________ 82 4854-2507-4643.23 007203.526 B-4
Exhibit 1
83 4854-2507-4643.23 007203.526 B-5
Exhibit 2
Development Agreement
84 B-6
Exhibit C
Memorandum of Development Agreement
Recording Requested by and
When Recorded Return to:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, California 95691
No recording fee required pursuant to Government Code Section 27383 SPACE ABOVE THIS LINE FOR RECORDER’S USE

MEMORANDUM OF DEVELOPMENT AGREEMENT
THIS MEMORANDUM OF DEVELOPMENT AGREEMENT is made this ___ day of ____, 2025, by and between the CITY OF WEST SACRAMENTO (“City”) and the PAIK FAMILY TRUST (“Landowner”), collectively referred to as the “Parties.” City and Landowner are Parties to that certain “Development Agreement” with an Effective Date of June 20, 2025 (the “Development Agreement”), the terms and conditions of which are hereby incorporated by this reference as if set forth in full herein. The Development Agreement controls the development of that certain real property, including improvements thereto, situated in the County of Yolo, State of California, and described in Exhibit 1 (the “Property”):
“CITY” “LANDOWNER”

CITY OF WEST SACRAMENTO PAIK FAMILY TRUST
By: _____________________________ By: _____________________________ Name: _____________________________ Name: _____________________________ Its: _____________________________ Its: _____________________________ Dated: ________________________,2025 Dated: ________________________,2025 ATTEST: APPROVED AS TO FORM:
___________________________________ ___________________________________ Jennifer Cusmir, City Clerk Jeffrey A. Mitchell, City Attorney 85 B-7
Exhibit 1
Legal Description
Real property in the City of West Sacramento , County of Yolo, State of California, described as follows: PARCEL ONE: (PUBLIC TRUST TERMINATION PARCEL)

ALL THAT LAND SITUATE IN THE CITY OF WEST SACRAMENTO, COUNTY OF YOLO, STATE OF

CALIFORNIA, BEING PARCEL ONE, PARCEL ONE-A, AND PARCEL TWO OF THAT CERTAIN GRANT DEED RECORDED JANUARY 26, 2012 AS INSTRUMENT NO. 2012-0002616-00, OFFICIAL RECORDS OF YOLO COUNTY; TOGETHER WITH THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JANUARY 26, 2012 AS INSTRUMENT NO. 2012-0002618-00, OFFICIAL RECORDS OF YOLO COUNTY.

EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS FOLLOWS:

BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE "N 67°13'28" W 2105.59" AS SHOWN ON THAT CERTAIN MAP FILED DECEMBER 28, 1978 IN BOOK 4 OF PARCEL MAPS AT PAGE 65, YOLO COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHERLY LINE OF PARCEL B OF SAID MAP, NORTH 67°13'17" WEST 681.34 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND EASEMENT AS DESCRIBED IN THAT CERTAIN DEED DATED OCTOBER 3, 1912 AND RECORDED IN BOOK 80 OF DEEDS AT PAGE 397, OFFICIAL RECORDS OF YOLO COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 36°27'39" EAST 182.84 FEET; THENCE NORTH 67°05'39" EAST 175.30 FEET; THENCE NORTH 48°57'39" EAST
250.00 FEET; THENCE NORTH 18°57'39" EAST 7.14 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN PARCEL AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 20, 1957 IN VOLUME 529 PAGE 551, OFFICIAL RECORDS YOLO COUNTY; THENCE LEAVING SAID RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND EASEMENT LINE AND ALONG THE SOUTHERLY AND EASTERLY LINES OF SAID PARCEL, SOUTH 87°56'49" EAST 73.85 FEET; THENCE NORTH 19°26'36" EAST 412.49 FEET TO A POINT ON SAID RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND EASEMENT LINE; THENCE LEAVING SAID EASTERLY LINE AND ALONG THE NORTHWESTERLY LINE OF SAID RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND EASEMENT LINE, NORTH 79°57'39" EAST 215.23 FEET; THENCE NORTH 61°42'39" EAST 250.00 FEET; THENCE NORTH 80°42'39" EAST 690.00 FEET; THENCE SOUTH 76°55'51" EAST 300.30 FEET; THENCE NORTH 55°42'39" EAST 268.24 FEET; THENCE LEAVING SAID RECLAMATION DISTRICT NO. 900 RIGHT OF WAY AND EASEMENT LINE, SOUTH 32°26'49" EAST 239.13 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL B; THENCE ALONG THE SOUTHEASTERLY AND EASTERLY LINES OF SAID PARCEL B, SOUTH 59°40'42" WEST 46.85 FEET; THENCE SOUTH 61°28'46" WEST 101.25 FEET; THENCE SOUTH 62°57'43" WEST 148.73 FEET; THENCE SOUTH 01°08'57" WEST 346.76 FEET; THENCE SOUTH 57°59'35" WEST 450.79 FEET; THENCE SOUTH 68°10'32" WEST 1236.97 FEET TO THE POINT OF BEGINNING.

THE BASIS OF BEARINGS OF THIS DESCRIPTION IS THE MONUMENT LINE BETWEEN CITY OF WEST SACRAMENTO GEODETIC CONTROL STATIONS C21-01 AND B22-01 AS SHOWN ON THAT CERTAIN MAP FILED AS BOOK 13 OF MAPS & SURVEYS PAGE 61, YOLO COUNTY RECORDS, THE BEARING OF WHICH IS NORTH 71°33'48" EAST.

EXCEPTING THEREFROM THAT PORTION CONVEYED TO WEST SACRAMENTO AREA FLOOD CONTROL AGENCY, A JOINT POWERS AUTHORITY BY GRANT DEED RECORDED JULY 25, 2016 AS INSTRUMENT NO. 2016-0019965.

PARCEL TWO: (INTENTIONALLY DELETED)
PARCEL THREE: (INTENTIONALLY DELETED)
86 B-8
Order Number: 0192-5008224
Page Number: 12
PARCEL FOUR:

THAT PARCEL OF LAND LYING WITHIN SWAMP LAND SURVEY NO. 283, YOLO COUNTY SURVEYS, DESCRIBED AS FOLLOWS:

FROM THE 3/4 INCH IRON PIPE MARKING THE SOUTHEASTERLY CORNER OF JEFFERSON

SUBDIVISION AND THE NORTHEASTERLY CORNER OF BOULEVARD SUBDIVISION, SAME BEING

LOCATED ON THE CENTER LINE OF ANTIOCH AVENUE, AS SAID SUBDIVISIONS APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY, IN MAP BOOK 2, AT PAGES 85 AND 74 RESPECTIVELY, AND EXTENDING THENCE EAST 15.63 FEET TO A 3/4 INCH

IRON PIPE MONUMENT THAT IS ON THE CENTER LINE OF DAVIS ROAD, AS SAME EXTENDS SOUTH 66 DEG. 55' 20" EAST, TOWARD THE SACRAMENTO RIVER; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG THE CENTER LINE OF SAID DAVIS ROAD, A DISTANCE OF 2689.16 FEET TO A POINT MARKED BY A 3/4 INCH BY 40 INCH IRON PIPE WHICH IS THE POINT OF BEGINNING, NORTH 23 DEG. 03' 40" EAST, 442.75 FEET TO A POINT MARKED BY A 1 1/2 INCH IRON PIPE; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG A LINE PARALLEL WITH THE CENTER LINE OF SAID DAVIS ROAD, A DISTANCE OF 906.56 FEET TO A POINT MARKED BY A 2 INCH IRON PIPE AND SITUATE IN THE WESTERLY LINE OF THE RIGHT OF WAY OF RECLAMATION DISTRICT NO. 900, FOR RECLAMATION PURPOSES; THENCE DOWN AND ALONG SAID WESTERLY LINE OF SAID RIGHT OF WAY FOR RECLAMATION PURPOSES, SOUTH 6 DEG. 00' WEST, 155.30 FEET; THENCE SOUTH 3 DEG. 30' EAST, 320.00 FEET; THENCE SOUTH 15 DEG. 30' EAST, 10.39 FEET TO THE POINT OF INTERSECTION WITH THE CENTER LINE OF SAID DAVIS ROAD; THENCE

LEAVING THE SAID WESTERLY LINE OF SAID RIGHT OF WAY FOR RECLAMATION PURPOSES, AND EXTENDING NORTH 66 DEG. 55' 20" WEST ALONG THE CENTER LINE OF SAID DAVIS ROAD, A DISTANCE OF 1101.70 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.

ALSO ALL THAT REAL PROPERTY THAT LIES TO THE EAST OF AND ADJACENT TO THE

HEREINABOVE DESCRIBED TRACT AND ADJACENT TO THE WESTERLY BANK OF THE

SACRAMENTO RIVER AND WITHIN THE PROLONGATION OF THE SOUTHWESTERLY AND NORTHEASTERLY LINES OF THE HEREINABOVE DESCRIBED TRACT. (THE MAP WHEREON THE HEREINABOVE DESCRIBED TRACT IS DELINEATED, APPEARS OF RECORD IN THE OFFICE OF THE RECORDER OF YOLO COUNTY, IN BOOK 5 OF MAPS AND SURVEYS, AT PAGE 38.)

EXCEPTING THEREFROM THOSE PARCELS OF LAND DESCRIBED IN THE DEED TO THE COUNTY OF YOLO, RECORDED APRIL 24, 1970, IN BOOK 941, PAGE 410, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
(3) COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF DAVIS ROAD WITH COURSE NO. 10 OF THE RECLAMATION DISTRICT 900 WESTERLY RIVER LEVEE RIGHT OF WAY LINE AS SHOWN IN DETAIL ON THE RECORD OF SURVEY FOR BONDHOLDERS COMMITTEE PARCEL NO. 4, FILED IN BOOK 10 OF MAPS AND SURVEYS AT PAGE 43 IN ;THE OFFICE OF THE RECORDER OF THE COUNTY OF YOLO; THENCE NORTHERLY ALONG SAID RIVER LEVEE RIGHT OF WAY LINE THE FOLLOWING TWO COURSES:
91) NORTH 15 DEG. 48' 00" WEST 10.39 FEET, (2) NORTH 03 DEG. 48' 00" WEST 18.87 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID DAVIS ROAD, THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 67 DEG. 13' 28" WEST 369.28 FEET; THENCE NORTH 22 DEG. 46' 32" EAST 4.00 FEET; THENCE SOUTH 75 DEG. 39' 14" EAST 345.67 FEET TO SAID WESTERLY RIVER LEVEE RIGHT OF WAY LINE; THENCE SOUTHERLY ALONG SAID RIVER LEVEE RIGHT OF WAY LINE SOUTH 03 DEG. 48' 00" EAST 61.13 FEET TO THE TRUE POINT OF BEGINNING.
(4) COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF DAVIS ROAD WITH COURSE NO. 10 OF THE RECLAMATION DISTRICT 900 WESTERLY RIVER LEVEE RIGHT OF WAY LINE AS

SHOWN IN DETAIL ON THE RECORD OF SURVEY FOR BONDHOLDERS COMMITTEE PARCEL NO. 4, FILED IN BOOK 10 OF MAPS AND SURVEYS AT PAGE 43 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF YOLO, CALIFORNIA; THENCE NORTHERLY ALONG SAID RIVER

LEVEE RIGHT OF WAY LINE THE FOLLOWING
87 4854-2507-4643.23 007203.526 C-1
Order Number: 0192-5008224
Page Number: 13
TWO COURSES: (1) NORTH 15 DEG. 48' 00" WEST 10.39 FEET, (2) NORTH 03 DEG. 48' 00" WEST

80.00 FEET TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 1, THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID NORTHERLY LINE NORTH 75 DEG. 39' 14" WEST 345.67 FEET THENCE SOUTH 22 DEG. 46' 32" WEST 4.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF DAVIS ROAD; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 67 DEG. 13' 28" WEST

15.00 FEET; THENCE NORTH 22 DEG. 46' 32" EAST 16.95 FEET; THENCE SOUTH 75 DEG. 39' 14" EAST
353.69 FEET TO SAID WESTERLY RIVER LEVEE RIGHT OF WAY LINE; THENCE SOUTHERLY ALONG SAID RIVER LEVEE RIGHT OF WAY LINE SOUTH 03 DEG. 48' 00" EAST 15.79 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL FIVE:

FROM THE 3/4 INCH IRON PIPE MARKING THE SOUTHEASTERLY CORNER OF JEFFERSON

SUBDIVISION AND THE NORTHEASTERLY CORNER OF BOULEVARD SUBDIVISION, THE SAME

BEING LOCATED ON THE CENTER LINE OF ANTIOCH AVENUE, AS SAID SUBDIVISIONS

APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY IN MAP BOOK 2 AT PAGES 85 AND 74, RESPECTIVELY, AND EXTENDING THENCE EAST 15.63 FEET TO A 3/4 INCH IRON PIPE MONUMENT THAT IS ON THE CENTER LINE OF DAVIS ROAD AS SAME EXTENDS SOUTH 66 DEG. 55' 20" EAST TOWARD THE SACRAMENTO RIVER; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG THE CENTER LINE OF SAID DAVIS ROAD EXTENSION A DISTANCE OF 2689.16 FEET TO A POINT MARKED BY A 3/4 INCH IRON PIPE AS SHOWN ON THE MAP OF THE RELOCATION SURVEY IN RECLAMATION DISTRICT NO. 900 WHICH IS

RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY, IN MAPS AND SURVEYS 5 AT PAGE 38; THIS LAST MENTIONED POINT BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 23 DEG. 04' 40" EAST A DISTANCE OF 2256.87 FEET TO 1 1/2 INCH IRON PIPE MONUMENT; THENCE NORTH 66 DEG. 55' 20" WEST A DISTANCE OF 385.54 FEET TO A 1 1/4 INCH BY 4 FEET STEEL AXLE; THENCE SOUTH 23 DEG. 04' 40" WEST PARALLEL TO THE FIRST COURSE OF THIS DESCRIPTION, A DISTANCE OF 2256.87 FEET TO 3/4 INCH IRON PIPE, SAID PIPE BEING ON THE CENTER LINE OF DAVIS ROAD EXTENSION; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG THE CENTER LINE OF DAVIS ROAD EXTENSION A DISTANCE OF 385.54 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.

PARCEL SIX:

ALL THAT CERTAIN 0.35 ACRE PARCEL OF LAND AS SHOWN ON MAPS AND SURVEYS BOOK 10, AT PAGE 34 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF YOLO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF JEFFERSON BOULEVARD AND THE

NORTHEASTERLY CORNER OF BOULEVARD SUBDIVISION, SOME BEING LOCATED ON THE

CENTER LINE OF ANTIOCH AVENUE, AS SAID SUBDIVISIONS APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY IN MAP BOOK 2 AT PAGES 85 AND 74, RESPECTIVELY, THENCE EXTENDING EAST 15.63 FEET TO A POINT ON THE CENTER LINE OF DAVIS ROAD; THENCE ALONG THE CENTER LINE OF DAVIS ROAD S 66 DEG. 55' 20" E 2689.16 FEET; THENCE N 27 DEG. 03' 40" E 442.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING N 23 DEG. 03' 40" E 34.00 FEET; THENCE S 77 DEG. 44' 40" E 258.00 FEET; THENCE S 12 DEG. 15' 20" W 83.93 FEET; THENCE N 66 DEG. 55' 20" W 269.17 FEET; TO THE POINT OF BEGINNING.
88 4854-2507-4643.23 007203.526 C-2
Order Number: 0192-5008224
Page Number: 14

EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE DOMESTIC

WELL AND PUMPING PLANT LOCATED ON THE ABOVE DESCRIBED PROPERTY TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS THERETO.

ALSO EXCEPTING THEREFROM THE RIGHT OF INGRESS AND EGRESS FOR DRIVEWAY PURPOSES, OVER A STRIP OF LAND 25 FEET IN WIDTH WHICH IS PARALLEL WITH AND CONTIGUOUS WITH THE WESTERLY LINE OF THE ABOVE DESCRIBED 0.35 ACRE PARCEL OF LAND.

PARCEL SEVEN:

FROM THE 3/4 INCH IRON PIPE MARKING THE SOUTHEASTERLY CORNER OF JEFFERSON

SUBDIVISION AND THE NORTHEASTERLY CORNER OF BOULEVARD SUBDIVISION, SAME

BEING LOCATED ON THE CENTER LINE OF ANTIOCH AVENUE, AS SAID SUBDIVISIONS

APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY IN MAP BOOK 2 AT PAGES 85 AND 74, RESPECTIVELY, AND EXTENDING THENCE EAST 15.63 FEET TO A 3/4 INCH IRON PIPE MONUMENT THAT IS ON THE CENTER LINE OF DAVIS ROAD AS SAME EXTENDS SOUTH 66 DEG. 55' 20" EAST TOWARD THE SACRAMENTO RIVER; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG THE CENTER LINE OF SAID DAVIS ROAD A DISTANCE OF 2689.16 FEET TO A POINT MARKED BY A 3/4 INCH BY 40 INCH IRON PIPE; THENCE NORTH 23 DEG. 03' 40" EAST A DISTANCE OF 442.75 FEET TO A POINT MARKED BY A 1 1/2 INCH IRON PIPE, WHICH IS THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE CONTINUING NORTH 23 DEG. 03' 40" EAST ALONG A PROPERTY LINE A DISTANCE OF 814.12 FEET TO A 1 1/2 INCH IRON PIPE; THENCE SOUTH 66 DEG. 55' 20" EAST ALONG A LINE PARALLEL WITH THE CENTER LINE OF DAVIS ROAD A DISTANCE OF 786.69 FEET TO A POINT MARKED BY A 1 1/2

INCH IRON PIPE SITUATE IN THE WESTERLY LINE OF THE RIGHT OF WAY OF RECLAMATION DISTRICT NO. 900 FOR RECLAMATION PURPOSES; THENCE DOWN AND ALONG SAID WESTERLY LINE OF SAID RIGHT OF WAY FOR RECLAMATION PURPOSES SOUTH 39 DEG.

WEST 51.89 FEET TO A POINT MARKED BY A 3/4 INCH IRON PIPE; THENCE SOUTH 31 DEG. 04' WEST A DISTANCE OF 198.65 FEET TO A POINT MARKED BY A 1 INCH IRON PIPE; THENCE ON AND ALONG SAME COURSE SOUTH 31 DEG. 04' WEST AN ADDITIONAL

27.95 FEET TO A POINT; THENCE SOUTH 6 DEG. 00' WEST A DISTANCE OF 564.70 FEET TO A POINT; THENCE LEAVING SAID WESTERLY LINE OF SAID RIGHT OF WAY FOR RECLAMATION PURPOSES AND EXTENDING NORTH 66 DEG. 55' 20" WEST A DISTANCE OF

36.41 FEET TO A POINT MARKED BY A 2 INCH IRON PIPE; THENCE ON AND ALONG SAID COURSE NORTH 66 DEG. 55' 20" WEST AN ADDITIONAL DISTANCE OF 870.15 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.

ALSO ALL THAT REAL PROPERTY THAT LIES TO THE EAST OF AND ADJACENT TO THE

HEREINABOVE DESCRIBED TRACT AND ADJACENT TO THE WESTERLY BANK OF THE

SACRAMENTO RIVER AND WITHIN THE PROLONGATION OF THE NORTHEASTERLY AND SOUTHWESTERLY LINES OF THE HEREINABOVE DESCRIBED TRACT. (THE MAP WHEREON THE HEREINABOVE DESCRIBED TRACT IS DELINEATED, APPEARS OF RECORD IN THE OFFICE OF THE RECORDER OF YOLO COUNTY, IN BOOK 5 OF MAPS AND SURVEYS, AT PAGE 38.)

EXCEPTING THEREFROM
ALL THAT CERTAIN 0.35 ACRE PARCEL OF LAND AS SHOWN ON MAPS AND SURVEYS BOOK 10, AT PAGE 34 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF YOLO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF JEFFERSON SUBDIVISION AND THE

NORTHEASTERLY CORNER OF BOULEVARD SUBDIVISION, SAME BEING LOCATED ON THE 89 4854-2507-4643.23 007203.526 C-3

CENTER LINE OF ANTIOCH AVENUE, AS SAID SUBDIVISION APPEAR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF YOLO COUNTY IN MAP BOOK 2 AT PAGES 85 AND 74, RESPECTIVELY, THENCE EXTENDING EAST 15.63 FEET TO A POINT ON THE CENTER LINE OF DAVIS ROAD; THENCE ALONG THE CENTER LINE OF DAVIS ROAD S. 66 DEG. 55' 20" E. 2689.16 FEET; THENCE N. 23 DEG. 03' 40" E
442.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING N 23 DEG. 03' 40" E 34.00 FEET; THENCE S 77 DEG. 44' 40" E 258.00 FEET; THENCE S 12 DEG. 15' 20" W

83.93 FEET; THENCE N 66 DEG. 55' 20" W 269.17 FEET; TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE DOMESTIC

WELL AND PUMPING PLANT LOCATED ON THE ABOVE DESCRIBED PROPERTY TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS THERETO. ALSO EXCEPTING THEREFROM THE RIGHT OF INGRESS AND EGRESS FOR DRIVEWAY PURPOSES, OVER A STRIP OF LAND 25

FEET IN WIDTH WHICH IS PARALLEL WITH AND CONTIGUOUS WITH THE WESTERLY LINE OF THE ABOVE DESCRIBED 0.35 ACRE PARCEL OF LAND.

PARCEL EIGHT:

BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1, AS SHOWN ON PARCEL MAP NO. 3672, FILED FOR RECORD IN BOOK 10 OF PARCEL MAPS, PAGES 75 AND 76, YOLO COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING NORTH 22°46'32" EAST 1000.00 FEET; THENCE SOUTH 67°13'28" EAST 1407.68 FEET; THENCE SOUTH 62°53'39" WEST 305.15 FEET; THENCE SOUTH
53°28'47" WEST 402.96 FEET; THENCE SOUTH 39°32'06" WEST 438.82 FEET; THENCE NORTH 67°13'28" WEST 878.76 FEET TO THE POINT OF BEGINNING.

THIS LEGAL IS MADE PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED MARCH 18, 2005 AS INSTRUMENT NO. 2005-12509 OF OFFICIAL RECORDS.

EXCEPTING FROM PARCELS ONE THROUGH EIGHT ABOVE THOSE PORTIONS CONVEYED

TO WEST SACRAMENTO AREA FLOOD CONTROL AGENCY, A JOINT POWERS AUTHORITY BY GRANT DEED RECORDED AUGUST 21, 2015 AS INSTRUMENT NO. 2015-0023602 AS

REPLACED AND SUPERSEDED BY THAT CORRECTING GRANT DEED RECORDED OCTOBER 20, 2016 AS INSTRUMENT NO. 2016-0030924.

PARCEL NINE: (INTENTIONALLY DELETED)
PARCEL TEN: (INTENTIONALLY DELETED)
PARCEL ELEVEN: (QUIET TITLE)
A PORTION OF SWAMP AND OVERFLOW LAND SURVEY NO. 389 DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWESTERLY CORNER OF THE TRACT OF LAND SHOWN AND DESIGNATED AS "DESIGNATED REMAINDER" ON THE VESTING MAP OF "PARLIN RANCH SOUTHPORT VILLAGE 1C" FILED IN BOOK 2006 OF MAPS, PAGE 67, YOLO COUNTY RECORDS,

SAID CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THE FORMER SACRAMENTO NORTHERN RAILROAD RIGHT OF WAY, NOW KNOWN AS CLARKSBURG BRANCH TRAIL;

THENCE FROM SAID POINT OF BEGINNING, ALONG THE SOUTHWESTERLY LINE OF THE "PARLIN RANCH SOUTHPORT VILLAGE 1C" TRACT OF LAND SOUTH 67°13'19" EAST 1,326.85

FEET TO THE SOUTHEASTERLY CORNER THEREOF, SAID CORNER ALSO BEING ON THE

GENERAL NORTHWESTERLY LINE OF PARCEL B, AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP FILED IN BOOK 4 OF PARCEL MAPS, PAGE 65, 90 4854-2507-4643.23 007203.526 C-4
YOLO COUNTY RECORDS;

THENCE ALONG SAID GENERAL NORTHWESTERLY LINE OF PARCEL B THE FOLLOWING TWO (2) COURSES:
(3) SOUTH 22°46'14" WEST 7.03 FEET AND
(4) NORTH 67°13'19" WEST 1,326.85 FEET TO THE ABOVE MENTIONED SOUTHEASTERLY LINE OF THE FORMER SACRAMENTO NORTHERN RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 22°46'23" EAST 7.03 FEET TO THE POINT OF BEGINNING.

APN: 046-050-063-000 (Affects Portion of Parcels One and Eleven), 046-100-015-000 (Affects Portion of Parcel One),
046-100-003-000 (Affects Parcel Five)
046-100-005-000 (Affects Parcel Seven),
046-100-006-000 (Affects Parcel Six),
046-100-007-000 (Affects Parcel Four), and
046-100-013-000 (Affects Parcel Eight)
91 4854-2507-4643.23 007203.526 D-1
Exhibit D
Sample Fee Credit Assignment Letter
92 4854-2507-4643.23 007203.526 E-1
Exhibit E
WUSD Property Exchange Agreement
93 ATTACHMENT 6
ORDINANCE 25-4

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF WEST SACRAMENTO APPROVING

THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
SUE K. PAIK, AS TRUSTEE OF THE SURVIVOR’S TRUST CREATED UNDER THE YOUNG J. PAIK FAMILY TRUST, PERTAINING TO THE LIBERTY PROJECT WHEREAS, Sue K. Paik, As Trustee Of The Survivor’s Trust Created Under The Young J. Paik Family Trust, has initiated a proposed Liberty Project (“Project”), which covers APNs 46- 050-058, 046-050-073, 046-050-083, 046-050-084, 046-100-003, 046-100-006, 046-100-015, 046-100-016, 046-100-019, and 046-100-022 and includes amending the City of West Sacramento General Plan Land Use Diagram from the current general plan designations to designations reflecting those in the Liberty Specific Plan Land Use Plan; adopting the Liberty Specific Plan; amending the West Sacramento Zoning Code to replace the current Zoning Map designations and Zoning Code text with notations referring to the land use and development standards defined in the Liberty Specific Plan; amending the Southport Framework Plan Land Use Map to reflect the Liberty Specific Plan Land Use Plan; approving a Development Agreement; and approving a Vesting Tentative Subdivision Map; and
WHEREAS, on January 30, 2025, the City of West Sacramento Planning Commission conducted a public hearing and adopted Resolution 25-2PC, recommending among other things, the City Council approve the Development Agreement.

WHEREAS, on April 30, 2025, the City of West Sacramento City Council conducted a duly noticed public hearing on the proposed Development Agreement and has duly considered all information presented; and
WHEREAS, the City of West Sacramento Planning Commission, by Resolution 25-1PC, has reviewed and certified the FEIR (SCH#2016052012), adopted the Findings of Fact/Statement of Overriding Considerations, and adopted the Mitigation Monitoring and Reporting Program for the Project in accordance with CEQA; and
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of this Ordinance is to approve the Development Agreement between the City and Sue K. Paik, as Trustee of The Survivor’s Trust Created Under The Young J. Paik Family Trust. This Ordinance is authorized pursuant to Government Code Section 65864 through 65869.5 and Resolution No. 88-111 of the City of West Sacramento.

Section 2 Findings. In adopting this Ordinance, the City Council makes the following findings:
(a) The proposed Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan, the Liberty Specific Plan, and the Southport Framework Plan; and
(b) The proposed Development Agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area or detrimental to the general welfare of the residents of the City as a whole; and
(c) The proposed Development Agreement will not adversely affect the orderly development of property or preservation of property values; and
(d) The proposed Development Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5 and Resolution 88-111, as amended by Resolution 96-62.

Section 3. Severability. If any provision or section of this Ordinance is determined to be unenforceable, invalid, or unlawful, such determination shall not affect the enforceability of the remaining provisions of the Ordinance.
94 Section 4. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption, and pursuant to Resolution 99-46, shall be published in summary format prior to adoption and a summary shall be published within fifteen (15) days after adoption in a paper of general circulation published and circulated in the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento on this 21st day of May 2025 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Martha Guerrero, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _______________________
Jennifer Cusmir, City Clerk Jeffery Mitchell, City Attorney 95 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 21, 2025 ITEM # 6
SUBJECT:

CONSIDERATION OF AMENDMENT NO. 1 TO THE MEMORANDUM OF

UNDERSTANDING FOR ON-DEMAND TRANSIT SERVICE
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Stephanie Chhan, Senior Transportation Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
This report provides the City Council with an update on the West Sacramento – Downtown Sacramento OnDemand Rideshare Pilot and seeks City Council approval to extend the On-Demand Transit Service Memorandum of Understanding to continue piloting the Downtown Sacramento service area.

RECOMMENDED ACTION
Staff respectfully recommend that the City Council:
1) Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Memorandum of Understanding with the Sacramento Regional Transit District and Yolo County Transportation District; and,
2) Authorize the City Manager, or designee, to execute non-substantive changes or modifications to the Memorandum of Understanding with approval from the City Attorney.

BACKGROUND
The West Sacramento On-Demand Rideshare Program (also known as Via) was launched as a 1-Year Pilot on May 14, 2018, following robust Transportation, Mobility, and Infrastructure (TMI) Commission and City Council engagement dating back to June 2016. The program was initially developed in response to Council direction to explore a more flexible, innovative public transit model that better served resident needs, as fixed route bus service continued to experience increased costs alongside declining ridership. Since the implementation of the On-Demand Rideshare Program, local residents, TMI Commission, and City Council have expressed interest in expanding the program to serve key locations such as Kaiser Permanente and the Sacramento Valley Amtrak Station in Downtown Sacramento.

On March 20, 2024, the City Council approved a Memorandum of Understanding (MOU) with the Sacramento Regional Transit District (SacRT) and Yolo County Transportation District (YoloTD) allowing West Sacramento On-Demand rideshare service to pilot an expansion within SacRT’s service boundaries. The MOU was signed on May 1, 2024 and will terminate on June 30, 2025, unless extended by mutual agreement or terminated earlier.

On June 12, 2024 the Yolo Solano Air Quality Management District (YSAQMD) Board awarded $13,700 in Clean Air Funds to the West Sacramento - Downtown Sacramento On-Demand Rideshare Pilot. This funding award would cover the fares of a two percent increase in annual ridership, or approximately 3,900 rides. A two percent increase in annual ridership would require $55,750 for approximately 990 vehicle hours. The goal of the Pilot was to understand the demand to Downtown Sacramento using rideshare and use this information to determine whether the City’s On-Demand Rideshare Program should expand the service zone. At the time, City staff did not propose an increase to vehicle hours for the FY24-25 On-Demand Rideshare Program budget but absorb the impacts of the expansion into the current program. Using the data from the Pilot, City staff would be able to analyze how much the expansion to Downtown Sacramento may affect the Program.

ANALYSIS
The City launched the Pilot on October 7, 2024 and the free fares subsidized by the Clean Air Funds grant ended on December 25, 2024. Rides in Downtown Sacramento were limited to the following pick-up/drop-off locations:

Sacramento Valley Station, Kaiser Permanente Downtown Commons Medical Offices, and N Street/8th Street intersection. On-Demand riders to Between October 7, 2024 to December 25, 2024, the Clean Air Fund subsidized 3,874 rides between West Sacramento and Downtown Sacramento. With the Pilot’s free fares ending within 12 weeks of launch, ridership was significantly greater than staff’s expectations. 96 On-Demand Transit – Downtown Sacramento Expansion
May 21, 2025

Staff released a survey between December 26, 2024 to January 24, 2025 to learn more about Pilot riders and their experience. The survey was promoted on the Via app and the City’s social media. The survey was available in English and provided City staff contact information if further assistance or language interpretation was needed.

The City received 233 responses for the survey. A summary of the survey results is included in Attachment 1.

After December 25th, riders were charged the On-Demand Rideshare Program’s regular fare structure for rides ending or starting in Downtown Sacramento - $3.50 for regular fares or $15 for a weekly pass and 50% discount for senior/disabled fares. Between December 26, 2024 to April 30, 2025, when regular fares were applied, 7,969 rides were taken between West Sacramento and Downtown Sacramento. Overall, Downtown Sacramento trips accounted for 10.68% of total completed rides (11,843 completed Pilot rides/110,852 total completed passenger rides) between October 7th to April 30th.

Based on the high continued demand for Downtown Sacramento trips and the potential for a significant increase in demand based on the State employee return-to-office mandate for a minimum of four days per week starting on July 1, 2025, City staff proposes to continue piloting the Downtown Sacramento service area. Staff is seeking City Council approval to continue operating On-Demand Rideshare in Downtown Sacramento and to seek an extension to the MOU with SacRT and YoloTD, which is set to expire June 30, 2025. Draft Amendment No. 1 to the MOU will extend the term to June 30, 2027 (Attachment 2).

Environmental Considerations
Approval of an amendment to the MOU is not a project that is subject to the California Environmental Quality Act (CEQA) because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a)). CEQA Guidelines section 15378 (b)(4) further provides that: “A project does not include … the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” Commission Recommendation
This agenda report and the MOU were not presented to the TMI Commission as extending the MOU is an administrative action.

Strategic Plan Integration
This MOU allows the City to continue piloting on-demand rideshare service to Downtown Sacramento. This advances and supports the 2024 Strategic Plan strategic principle of Mobility and Connectivity – “Provide convenient and sustainable choices for people to get where they are going.” Alternatives
The City Council may choose to take the following alternative actions, including:
1) Recommend the action; or
2) Make modifications to the recommended action; or
3) Choose not to hear or delay action on the recommended action; or 4) Direct staff to end piloting the On-Demand Rideshare Program service in the Downtown Sacramento zones
Alternative 1 is the recommended action. Alternatives 2 and 3 are not recommended as staff may need to return to City Council after coordination with SacRT, YoloTD, and/or Via which could delay the amendment to the MOU and temporarily terminate the Downtown Sacramento pilot service area for the City’s On-Demand Rideshare Program. Alternative 4 is not recommended based on the success of the Coordination and Review
This report was coordinated with the City Manager’s Office and the City Attorney. The development of the MOU and its amendment was coordinated externally with SacRT and YoloTD.

Budget/Cost Impact
There is no budget/cost increase to this action. The MOU sets the proper measures in place to allow the City of West Sacramento to expand on-demand rideshare into Downtown Sacramento. The fare revenues reinvested into the On-Demand Rideshare Program may fluctuate due to the fare changes, affecting the contribution of other funding sources.

ATTACHMENT

1. West Sacramento – Downtown Sacramento On-Demand Rideshare Pilot Survey Results 97 On-Demand Transit – Downtown Sacramento Expansion
May 21, 2025

2. Amendment No. 1 to the Memorandum of Understanding
98 West Sacramento Via Rideshare - Downtown Sacramento Service Attachment 1 1 / 35

31.76% 74

68.24% 159
Q1 Was the West Sacramento – Downtown Sacramento Rideshare Pilot the reason you signed up for Via Rideshare?
Answered: 233 Skipped: 0
TOTAL 233
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No
99 West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 2 / 35
Q2 How many Via Rideshare trips (one-way) have you taken in the past 30 days? (Please answer using numbers.)
Answered: 233 Skipped: 0

RESPONSES TO

OPEN-ENDED SURVEY

QUESTIONS NOT

AVAILABLE
100
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 3 / 35

46.35% 108

23.61% 55

15.45% 36

5.58% 13

9.01% 21

8.15% 19

3.86% 9

25.32% 59
Q3 In the past 30 days, did you combine Via with another kind of transit? What kind?
Answered: 233 Skipped: 0
Total Respondents: 233
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
None of the
above, I only
got to and f...

Bus or
Paratransit
Light Rail
Amtrak
Personal
Bicycle
Rental
scooter/bicycle
like Lime or...

Skateboard,
rollerskates,
or other sma...

Taxi, Uber,
Lyft, or other
similar car...

ANSWER CHOICES RESPONSES
None of the above, I only got to and from the pick-up/drop-off on foot or with a mobility device or I did not use Via in the past 30 days
Bus or Paratransit
Light Rail
Amtrak
Personal Bicycle
Rental scooter/bicycle like Lime or Bird
Skateboard, rollerskates, or other small rideable
Taxi, Uber, Lyft, or other similar car services
101
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 4 / 35

42.92% 100

57.08% 133
Q4 Did you take a free Via ride to or from Downtown Sacramento during the Pilot program?
Answered: 233 Skipped: 0
TOTAL 233
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No
102
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 5 / 35

39.67% 48

15.70% 19

4.96% 6

14.88% 18

8.26% 10

27.27% 33

7.44% 9
Q5 Why did you not use Via Rideshare to get to or from Downtown Sacramento? Select all that apply.

Answered: 121 Skipped: 112
Total Respondents: 121
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
I did not need
a ride to or
from Downtow...

I could not
get a ride.

Via Rideshare
does not
operate with...

The pick-up
and drop-off
zones in...

The wait time
or estimated
arrival time...

I did not know
that I could
use Via...

Other (please
specify)

ANSWER CHOICES RESPONSES
I did not need a ride to or from Downtown Sacramento.

I could not get a ride.

Via Rideshare does not operate within the hours I need to go to or return from Downtown Sacramento.

The pick-up and drop-off zones in Downtown Sacramento did not fit my needs.

The wait time or estimated arrival time was too long.

I did not know that I could use Via Rideshare to go to or return from Downtown Sacramento.

Other (please specify)
103
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 6 / 35

23.14% 28

19.83% 24

34.71% 42

33.06% 40

17.36% 21
Q6 What changes, if any, would cause you to use Via Rideshare to get to or from Downtown Sacramento? Select all that may apply.

Answered: 121 Skipped: 112
Total Respondents: 121
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
None, I do not
need to go to
or return fr...

Change hours
of operation
Change or add
pick-up/drop-of
f areas
Better
reliability
Other (please
specify)

ANSWER CHOICES RESPONSES
None, I do not need to go to or return from Downtown Sacramento.

Change hours of operation
Change or add pick-up/drop-off areas
Better reliability
Other (please specify)
104
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 7 / 35
Q7 When riding Via FROM West Sacramento TO Downtown Sacramento, where were you going?
Answered: 96 Skipped: 137
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
I did not go
from West
Sacramento t...

Home
School or Work
Groceries or
Shopping
Government
Services
Medical or
Dental
Appointments
Social or
Recreational
Activities
Bars and
Restaurants
Transport
Children/Other
Family Members
Other (please
specify)
105
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 8 / 35

1.04% 1

21.88% 21

44.79% 43

17.71% 17

10.42% 10

34.38% 33

42.71% 41

19.79% 19

5.21% 5

12.50% 12
Total Respondents: 96

ANSWER CHOICES RESPONSES
I did not go from West Sacramento to Downtown Sacramento.

Home
School or Work
Groceries or Shopping
Government Services
Medical or Dental Appointments
Social or Recreational Activities
Bars and Restaurants
Transport Children/Other Family Members
Other (please specify)
106
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 9 / 35
Q8 When riding Via FROM Downtown Sacramento TO West Sacramento, where were you going?
Answered: 96 Skipped: 137
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
I did not go
from Downtown
Sacramento t...

Home
School or Work
Groceries or
Shopping
Government
Services
Medical or
Dental
Appointments
Social or
Recreational
Activities
Bars and
Restaurants
Transport
Children/Other
Family Members
Other (please
specify)
107
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 10 / 35

9.38% 9

77.08% 74

19.79% 19

11.46% 11

1.04% 1

6.25% 6

9.38% 9

5.21% 5

4.17% 4

3.13% 3
Total Respondents: 96

ANSWER CHOICES RESPONSES
I did not go from Downtown Sacramento to West Sacramento.

Home
School or Work
Groceries or Shopping
Government Services
Medical or Dental Appointments
Social or Recreational Activities
Bars and Restaurants
Transport Children/Other Family Members
Other (please specify)
108
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 11 / 35
Q9 If you had not used Via Rideshare on your trip(s) to or from Downtown Sacramento, which other transportation options would you have used instead? Please select all that apply.

Answered: 93 Skipped: 140
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
None. I would
not have made
this trip if...

Walk or
Wheelchair
Bus
Personal
Bike/Scooter/Sk
ateboard
Bike or
Scooter Share
like Lime or...

Driven by
Friend/Family
Member/Coworker
Taxi or
Uber/Lyft
Carpool/Vanpool
Drive alone
Paratransit or
medical
transport...

Other (please
specify)
109
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 12 / 35

12.90% 12

18.28% 17

34.41% 32

11.83% 11

11.83% 11

24.73% 23

46.24% 43

5.38% 5

19.35% 18

4.30% 4

1.08% 1
Total Respondents: 93

ANSWER CHOICES RESPONSES
None. I would not have made this trip if Via was not available.

Walk or Wheelchair
Bus
Personal Bike/Scooter/Skateboard
Bike or Scooter Share like Lime or Bird
Driven by Friend/Family Member/Coworker
Taxi or Uber/Lyft
Carpool/Vanpool
Drive alone
Paratransit or medical transport service
Other (please specify)
110
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 13 / 35

35.48% 33

17.20% 16

13.98% 13

6.45% 6

25.81% 24

22.58% 21

12.90% 12
Q10 City staff has noticed that more rides during the Pilot started in West Sacramento and ended in Downtown Sacramento than the reverse. Please select all that apply. I rode Via to Downtown Sacramento but did not ride Via to West Sacramento because…
Answered: 93 Skipped: 140
Total Respondents: 93
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Not applicable
– I took Via
from Downtow...

I used YoloBus
(transit or
paratransit)...

I walked or
rolled
(personal...

I rented a
Lime or Bird
e-bike/e-sco...

I used
Uber/Lyft to go
to West...

A
friend/family
member/co-wo...

Other (please
specify)

ANSWER CHOICES RESPONSES
Not applicable – I took Via from Downtown Sacramento to West Sacramento.

I used YoloBus (transit or paratransit) to go to West Sacramento.

I walked or rolled (personal wheelchair, bike, scooter, skateboard, etc.) to West Sacramento.

I rented a Lime or Bird e-bike/e-scooter to go to West Sacramento.

I used Uber/Lyft to go to West Sacramento.

A friend/family member/co-worker drove me to West Sacramento.

Other (please specify)
111
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 14 / 35
Q11 How has the Via Downtown Sacramento service changed your transportation choices?
Answered: 87 Skipped: 146
How often you
drive your car
alone?
How often you
used Via?
How often you
ride the bus?
How often you
use paratransit
services?
112
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 15 / 35
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Much Less Less Same More
Much More
How often you
walk or
bicycle?
How often you
leave your
home?
Overall
satisfaction
with the Cit...
113
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 16 / 35

43.68%
38 21.84%
19 25.29%
22 5.75%
5 3.45%
3 87

0.00%
0 0.00%
0 20.69%
18 36.78%
32 42.53%
37 87

25.29%
22 22.99%
20 45.98%
40 3.45%
3 2.30%
2 87

34.48%
30 5.75%
5 52.87%
46 3.45%
3 3.45%
3 87

24.14%
21 18.39%
16 45.98%
40 5.75%
5 5.75%
5 87

1.15%
1 0.00%
0 43.68%
38 40.23%
35 14.94%
13 87

2.30%
2 9.20%
8 11.49%
10 28.74%
25 48.28%
42 87
MUCH
LESS

LESS SAME MORE MUCH
MORE
TOTAL
How often you drive your car alone?
How often you used Via?
How often you ride the bus?
How often you use paratransit services?
How often you walk or bicycle?
How often you leave your home?
Overall satisfaction with the City of West Sacramento’s transportation system?
114
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 17 / 35
Q12 How has the Via Downtown Sacramento service changed your everyday life?
Answered: 87 Skipped: 146
Your sense of
independence
Access to
healthy foods
or medical care
Civic or
community
engagement
Participation
in social
activities
115
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 18 / 35
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Reduced a l… Reduced No Change Increased
Increased a…
Monthly
transportation
expenses
Visits to
local
businesses
Your feeling
of safety when
getting around
116
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 19 / 35

0.00%
0 2.30%
2 21.84%
19 36.78%
32 39.08%
34 87

0.00%
0 0.00%
0 41.38%
36 29.89%
26 28.74%
25 87

0.00%
0 1.15%
1 48.28%
42 27.59%
24 22.99%
20 87

0.00%
0 0.00%
0 40.23%
35 31.03%
27 28.74%
25 87

24.14%
21 28.74%
25 28.74%
25 13.79%
12 4.60%
4 87

1.15%
1 0.00%
0 43.68%
38 33.33%
29 21.84%
19 87

2.30%
2 0.00%
0 34.48%
30 33.33%
29 29.89%
26 87

REDUCED A
LOT

REDUCED NO
CHANGE

INCREASED INCREASED A
LOT
TOTAL
Your sense of independence
Access to healthy foods or medical
care
Civic or community engagement
Participation in social activities
Monthly transportation expenses
Visits to local businesses
Your feeling of safety when getting
around

RESPONSES TO
OPENENDED SURVEY

QUESTIONS NOT

AVAILABLE
117
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 20 / 35

95.40% 83

4.60% 4
Q13 The Clean Air Funds covering the free rides for the West Sacramento – Downtown Sacramento On-Demand Rideshare Pilot have been fully spent. Have you or will you continue to use Via Rideshare to go to/from Downtown Sacramento now that the rides cost the normal Via fare? Answered: 87 Skipped: 146
TOTAL 87
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

RESPONSES TO
OPENENDED SURVEY

QUESTIONS NOT

AVAILABLE
118
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 21 / 35
Q14 Overall, how satisfied were you with West Sacramento’s Via Rideshare service during the West Sacramento – Downtown Sacramento OnDemand Rideshare Pilot (October 2024 through December 2024)? Answered: 201 Skipped: 32

9.45%
19 7.46%
15 45.77%
92 37.31%
75 201
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very Unsati… Unsatisfied Satisfied Very Satisfi…
Satisfaction
Level

VERY UNSATISFIED UNSATISFIED SATISFIED VERY SATISFIED TOTAL Satisfaction Level
119
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 22 / 35
Q15 Are there any aspects of the Via Rideshare service you'd like to see change or improved upon? Please provide any additional feedback you would like to share with the City of West Sacramento below. (Optional) Answered: 106 Skipped: 127

RESPONSES TO

OPEN-ENDED SURVEY

QUESTIONS NOT

AVAILABLE
120
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 23 / 35

57.87% 114

42.13% 83
Q16 It would be helpful to learn about you. Would you like to answer some optional questions about your age, place of residence, gender, and ethnicity? You may skip as many as you like, or even all of them.

Answered: 197 Skipped: 36
TOTAL 197
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No
121
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 24 / 35

90.83% 99

7.34% 8

1.83% 2
Q17 What brings you to West Sacramento? Select the one responsible for the most time you spend with us.

Answered: 109 Skipped: 124
TOTAL 109
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
I live in West
Sacramento.

I work or go
to school in
West...

I visit West
Sacramento for
some other...

ANSWER CHOICES RESPONSES
I live in West Sacramento.

I work or go to school in West Sacramento.

I visit West Sacramento for some other reason.
122
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 25 / 35
Q18 How old are you?
Answered: 100 Skipped: 133

RESPONSES TO

OPEN-ENDED SURVEY

QUESTIONS NOT

AVAILABLE
123
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 26 / 35

62.96% 68

34.26% 37

2.78% 3
Q19 What is your gender?
Answered: 108 Skipped: 125
TOTAL 108
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Female
Male
I prefer to
self-identify.
(Specify or...

ANSWER CHOICES RESPONSES
Female
Male
I prefer to self-identify. (Specify or enter NA.)
124
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 27 / 35
Q20 What is your household's annual income?
Answered: 100 Skipped: 133
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Less than
$10,000
$10,000 to
$14,999
$15,000 to
$24,999
$25,000 to
$34,999
$35,000 to
$49,999
$50,000 to
$74,999
$75,000 to
$99,999
$100,000 to
$149,999
$150,000 to
$199,999
$200,000 or
more
125
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 28 / 35

13.00% 13

6.00% 6

7.00% 7

12.00% 12

17.00% 17

9.00% 9

6.00% 6

12.00% 12

10.00% 10

8.00% 8
TOTAL 100

ANSWER CHOICES RESPONSES
Less than $10,000
$10,000 to $14,999
$15,000 to $24,999
$25,000 to $34,999
$35,000 to $49,999
$50,000 to $74,999
$75,000 to $99,999
$100,000 to $149,999
$150,000 to $199,999
$200,000 or more
126
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 29 / 35

5.71% 6

20.00% 21

22.86% 24

8.57% 9

22.86% 24

15.24% 16

3.81% 4

0.95% 1
Q21 What is the highest level of school you have completed or the highest degree you have received?
Answered: 105 Skipped: 128
TOTAL 105
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Less than high
school degree
High school
degree or
equivalent
Some college
but no degree
Associate
degree
Bachelor ’s
degree
Graduate or
Professional
degree
Doctoral or
Other Advanced
degree
Trade School /
Apprenticeship

ANSWER CHOICES RESPONSES
Less than high school degree
High school degree or equivalent
Some college but no degree
Associate degree
Bachelor’s degree
Graduate or Professional degree
Doctoral or Other Advanced degree
Trade School / Apprenticeship
127
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 30 / 35

35.19% 38

64.81% 70
Q22 Are you of Hispanic, Latino, or Spanish origin?
Answered: 108 Skipped: 125
TOTAL 108
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No
128
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 31 / 35

11.11% 11

7.07% 7

12.12% 12

1.01% 1

68.69% 68

4.04% 4

15.15% 15
Q23 How would you describe yourself? Please select all that apply.

Answered: 99 Skipped: 134
Total Respondents: 99
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
American
Indian, Alaska
Native, or...

Asian or Asian
American
Black or
African
American
Native
Hawaiian or
Other Pacifi...

White,
European-Americ
an, or...

Race Unknown
Not
Listed/Prefer
to...

ANSWER CHOICES RESPONSES
American Indian, Alaska Native, or Native American
Asian or Asian American
Black or African American
Native Hawaiian or Other Pacific Islander
White, European-American, or Caucasian
Race Unknown
Not Listed/Prefer to Self-Identify
129
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 32 / 35
Q24 Which of the following categories best describes your employment status?
Answered: 106 Skipped: 127
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Employed or
Self-Employed,
working...

Employed or
Self-Employed,
working...

Contract/Tempor
arily Employed
Not employed,
looking for
work
Not employed,
NOT looking for
work
Not employed,
unable to work
due to a...

Looking after
family / home
Retired
Student
Other (please
specify or
enter NA)
130
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 33 / 35

43.40% 46

13.21% 14

0.94% 1

7.55% 8

0.00% 0

4.72% 5

0.94% 1

21.70% 23

4.72% 5

2.83% 3
TOTAL 106

ANSWER CHOICES RESPONSES
Employed or Self-Employed, working full-time
Employed or Self-Employed, working part-time
Contract/Temporarily Employed
Not employed, looking for work
Not employed, NOT looking for work
Not employed, unable to work due to a disability or illness Looking after family / home
Retired
Student
Other (please specify or enter NA)
131
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 34 / 35

26.85% 29

41.67% 45

23.15% 25

8.33% 9
Q25 How many personal vehicles are in your household?
Answered: 108 Skipped: 125
TOTAL 108
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
0 1
2 3 or more

ANSWER CHOICES RESPONSES
0 1
2 3 or more
132
West Sacramento Via Rideshare - Downtown Sacramento Service SurveyMonkey 35 / 35

70.53% 134

29.47% 56
Q26 Would you be willing to participate in a follow-up phone call about your survey?
Answered: 190 Skipped: 43
TOTAL 190
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
No
Yes (please
add phone
number here)

ANSWER CHOICES RESPONSES
No
Yes (please add phone number here)
133
Attachment 2
Sacramento Regional Transit & Yolo County Transportation District CDD24-070 MOU On-Demand Transit
Expires 06/30/2027
AMENDMENT NO. 1
to the

MEMORANDUM OF UNDERSTANDING FOR ON-DEMAND TRANSIT SERVICE

AMONG THE CITY OF WEST SACRAMENTO,

SACRAMENTO REGIONAL TRANSIT DISTRICT, AND YOLO COUNTY

TRANSPORTATION DISTRICT
Dated May 1, 2024
This Amendment No. 1 to the Contract for Services among the City of West Sacramento (“City”), Sacramento Regional Transit District (“SacRT”), and Yolo County Transportation District (“YCTD”) dated May 1, 2024, is made and entered into this 21st day of April 2025. Except as expressly amended herein, the May 1, 2024 Memorandum of Understanding is in full force and effect.

RECITALS
WHEREAS, City, a municipality within Yolo County, is constitutionally authorized to provide its inhabitants with transportation services and currently provides demand response transit services through its On-Demand Rideshare service; and WHEREAS, Under Article XI, Section 9 of the California Constitution, SacRT and City may not furnish transportation services “within another municipal corporation which furnishes the same service and does not consent”; and
WHEREAS, on May 1, 2024, the CITY, SacRT and YCTD entered into a Memorandum of Understanding, allowing the City to operate on-demand transit service and allow passengers to board and disembark within SacRT’s jurisdiction; and WHEREAS, on October 7, 2024, the City launched the West Sacramento – Downtown Sacramento On-Demand Rideshare Pilot; and
WHEREAS, the MOU is set to terminate on June 30, 2025, unless otherwise extended by mutual agreement; and
WHEREAS, due to the popularity and high demand for Downtown Sacramento trips, the City is seeking additional time to continue the West Sacramento – Downtown Sacramento On-Demand Rideshare Pilot to test service changes and collect additional data; and WHEREAS, the City, SacRT, and YCTD desire to amend said contract.

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

I. TERMS:

The Duration of the MOU as set forth in the Memorandum of Understanding dated May 1, 2024, shall be revised to the following:

This MOU will terminate on June 30, 2027, unless otherwise extended by mutual agreement or terminated earlier as set forth herein. CITY must present the MOU to City Council for approval to extend the MOU.
134
Attachment 2
Sacramento Regional Transit & Yolo County Transportation District CDD24-070 MOU On-Demand Transit
Expires 06/30/2027
IN WITNESS WHEREOF the parties hereto have executed Amendment No. 1 to the MOU as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Amanda Berlin, Assistant City Manager

SACRAMENTO REGIONAL TRANSIT DISTRICT
By:

Henry Li, General Manager/CEO

YOLO COUNTY TRANSPORTATION DISTRICT
By:

Autumn Bernstein, Executive Director

APPROVED AS TO FORM
By:

Olga Sanchez-Ochoa, General Counsel
By:

Jeffrey Mitchell, City Attorney
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
135

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 21, 2025 ITEM # 7
SUBJECT:

CONSIDERATION OF AWARD OF CONTRACT TO KITCHELL CEM FOR ENGINEERING

AND DESIGN SERVICES FOR THE WEST SACRAMENTO COMMUNITY CENTER HVAC REPLACEMENT PROJECT (CIP 52083)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Joshua Bailey, Project Manager II
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 award a professional services contract to Kitchell CEM for engineering and design services throughout the planning, design, bid, and construction phases of the West Sacramento Community Center HVAC Replacement Project (CIP 52083).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Find that the Community Center HVAC Replacement Project is exempt from CEQA review pursuant to the Categorical Exemption under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Article 19, Section 15301, Class 1, and find that the determination represents the independent judgment of the City;

2. Delegate authority to the City Manager, or his designee, to execute a professional services contract with Kitchell CEM for an amount not to exceed $269,000;

3. Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the professional services contract with Kitchell CEM, with approval from the City Attorney; and

4. Authorize the City Manager, or his designee, to execute amendments, miscellaneous design costs, or change orders up to 15% ($40,350) of the value of the contract.

BACKGROUND
The West Sacramento Community Center’s current HVAC system, which is critical for maintaining safe and comfortable indoor air for occupants, has reached the end of its service life. Despite multiple repairs and temporary fixes over the years, the system is no longer reliable, energy-efficient, or capable of meeting current performance standards.

This project will replace key components of the existing system (excluding ductwork) and install new air handling units and updated Building Management System (BMS) controls. The design will remain flexible to adjust to allow for adjustments during engineering to ensure the best outcome for the building's needs and will incorporate modern, greener HVAC technology aimed at improving air quality, lowering energy and maintenance costs, enhancing occupant comfort, and reducing the spread of airborne contaminants and infectious diseases. All work will be designed to meet or exceed current codes and indoor air quality requirements.

ANALYSIS
A Request for Proposals (RFP) was advertised in the West Sacramento News-Ledger, the City’s website through OpenGov.com, and routed through the West Sacramento Chamber of Commerce on February 21, 2025.

Proposals were due March 25, 2025. Two firms, Kitchell CEM and NV5 Consultants, Inc., submitted proposals.

Kitchell CEM was the highest ranked based on the staff evaluations and specified criteria. Proposals were evaluated and ranked by staff from the Capital Projects and Public Works Departments. Staff recommends awarding a Contract for Professional Services to Kitchell CEM. The firm has extensive experience with HVAC design and municipal design services. Kitchell CEM will lead a comprehensive team including subconsultants for the technical disciplines required for engineering and design.

If approved by the City Council, staff will solicit bids for construction as soon as the proposed scope of work for the West Sacramento Community Center HVAC Replacement has been completed and finalized.

Environmental Considerations
The West Sacramento Community Center HVAC Replacement Project is exempt from CEQA review pursuant to the Categorical Exemption under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Article 19, Section 15301, Class 1. Class 1 consists of the operation, repair, maintenance, 136
West Sacramento Community Center HVAC Replacement Project May 21, 2025

permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

Commission Recommendation
N/A.

Strategic Plan Integration
N/A.

Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as described above in this report; 2) Reject the recommended actions or direct staff to alter the project; or 3) Defer or cancel the project.

Alternatives 2 and 3 are not recommended, as the current HVAC units have failed multiple times and are at risk of sudden end-of-life failure, which would make the West Sacramento Community Center unusable until full system replacement is completed.

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

Budget/Cost Impact
The West Sacramento Community Center HVAC Replacement Project (CIP 52083) is included in the City’s current Capital Improvement Program (CIP) and has a total appropriation of $2.5 million from both the One-Time General Fund and General Facilities Fund. Adequate funding currently exists within the CIP project budget for this contract award, and no additional funds are being requested at this time.

ATTACHMENTS

1. Contract for Services - Kitchell CEM

2. Vicinity Map

3. Notice of Exemption (NOE)
137
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
1 05.21.2025

CONTRACT FOR SERVICES
THIS CONTRACT is made on May 21, 2025, by and between the CITY OF WEST SACRAMENTO (“City”), and Kitchell/CEM, Inc. (“Consultant”).

WITNESSETH:

WHEREAS, the City desires professional engineering and design services in support of the design and replacement of the heating, ventilation, and air conditioning (HVAC) system at the City of West Sacramento Community Center;
WHEREAS, the Consultant has presented a proposal for such services to the City, dated March 25, 2025, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

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

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
138
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
2 05.21.2025
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “A” and terminate on June 21, 2027.

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

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

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed two hundred sixty nine thousand dollars ($269,000.00), without City’s prior written approval.

Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "A".

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

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

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

4. TERMINATION:

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

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. 139
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
3 05.21.2025
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

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

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

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

6. EXTENSIONS OF TIME:

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

7. PROPERTY OF CITY:

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

B. The reuse of any of the materials or documents described in Paragraph 7.A by the City on any other project without the written permission of the Consultant, shall be at the City's sole risk and the City agrees to defend, indemnify and hold harmless the Consultant from all claims, damages and expenses, including attorney's fees, arising out of such unauthorized reuse by the City or by others acting through the City. The Consultant is not responsible and liability is waived by the City as against the Consultant for use by the City or any other person of any data, reports, plans or drawings not signed by the Consultant.

8. COMPLIANCE WITH ALL LAWS:

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

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, 140
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
4 05.21.2025
and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.

C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "C".

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

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

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

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

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

10. SUBCONTRACTING:

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

11. ASSIGNABILITY:

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

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

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

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the 141
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
5 05.21.2025
performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

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

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

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

15. INDEMNITY AND LITIGATION COSTS:

Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees or anyone else employed by the Consultant in the performance of professional design services under this agreement, to the extent of the Consultant’s proportionate percentage of fault.

To the extent permitted by Civil Code section 2782.8, for all other claims unrelated to the provision of professional design services, the Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation, which arise out of or are in any way connected with the Consultant’s, or its subcontractors’ or suppliers’, performance under this agreement or failure to comply with any of the obligations contained in the agreement. This indemnity shall imply no reciprocal right of the Consultant in any action on the agreement pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Consultant shall apply to any and all acts or omissions unrelated to the provision of professional design services, whether active or passive, on the part of the Consultant or its agents, employees, representatives, or subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City. 142
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
6 05.21.2025

16. CONSULTANT TO PROVIDE INSURANCE:

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

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

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

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

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

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
143
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
7 05.21.2025
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

16.B.2.b).

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

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

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

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

144
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
8 05.21.2025
F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.

17. MISCELLANEOUS PROVISIONS:

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

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

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

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

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

City: City of West Sacramento
Capital Projects Department, Joshua Bailey
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
[email protected]

Consultant:

Kitchell/CEM, Inc.
2450 Venture Oaks Way, Suite 500, Andrew Pascual
Sacramento, CA 95833
[email protected]

F. This Contract shall be interpreted and governed by the laws of the State of California.
145
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
9 05.21.2025
G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

I. 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
[Signatures on following page]
146
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27
10 05.21.2025

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

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

By: _______________________
Jeffrey Mitchell, City Attorney
KITCHELL/CEM, INC.

By: _________________________
Sergio Rodriguez, Principal-in-Charge
147
Kitchell CEM, Inc.

CPC25-126 - Engineering & Design Services Community Center HVAC Replacement Expires on 6/21/27

EXHIBIT A
Consultant Proposal/Scope of Work
148
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 1

TABLE OF CONTENTS
Table of Contents 1

3.2. Proposal Transmittal Letter 2

3.3. Proposer’s Mandatory Qualifications and Experience 4

3.4. Technical Project Approach 14

3.5. Cost Proposal N1*
*Asterisk denotes pages not included in 25-page count.
149
2450 V E N T U R E OA K S WAY, S U I T E 500 | S AC R A M E N TO, C A 95833 | 916.648.9700 | W W W. K I TC H E L L . C O M March 25, 2025
City of West Sacramento
Joshua Bailey, Project Manager II
1110 West Capitol Avenue
West Sacramento, CA 95691
RE: Request for Proposal 25-005-RFP for Engineering & Design Services for Community Center HVAC Replacement Project Dear Joshua and Members of the Selection Committee:

It is our understanding that the City of West Sacramento is seeking a qualified professional engineering firm to provide consulting services for the design and replacement of the existing HVAC system and building management controls system for the Community Center. The firm needs to be qualified to perform evaluations and design of building systems such as HVAC, BMS controls, and related structural, electrical, and architectural systems.

Kitchell is uniquely qualified and the right partner to provide these professional services and will bring the following benefits to your project:

WE HAVE THE RIGHT TEAM
We have assembled a highly qualified and experienced team for this project with each proposed team member having strong HVAC and roofing system replacement/upgrade design experience. Our team is led by Project Manager Andrew Pascual who brings 10 years of project management and design experience. Andrew has extensive HVAC system design experience and has designed/managed numerous projects over the course of his career including repair, replacement, and new design. He has successfully completed similar projects for several civic/municipal clients across California. He is currently working on the West Sacramento City Hall HVAC and controls upgrade in West Sacramento and the replacement of the roofing and HVAC system for two facilities at the CHP Academy in West Sacramento.

The expertise of our highly experienced personnel gives you the flexibility to select a variety of services that best fit your project goals and objectives. We are readily available to provide the services you need. For 38 years, Kitchell has provided design and estimating services, and construction administration on numerous public sector projects in California. By working on public sector projects, we have gained experience and knowledge with local codes and regulations applicable to your project.

As a full-service company, we have all the major disciplines in-house such as registered architects and licensed civil, electrical, and mechanical engineers. In addition, we have cost estimators, schedulers, CAD/BIM technicians, and construction management staff to support our professional staff, giving us the ability to provide comprehensive design services. To enhance our team, we have added Miyamoto International, Inc. to provide structural engineering design services. A local firm with over seven decades in the Sacramento area, Miyamoto has teamed with us on multiple projects similar to yours.

WE HAVE THE RIGHT APPROACH
Kitchell has worked with public agencies for 75 years and understands the need to provide consistent and transparent services. We have established internal processes and procedures that are tailored toward public works projects enabling us to provide consistent, high-quality services that meet the needs of each project while providing the open communication and reporting necessary for public review. By working on public sector projects, we have the experience and knowledge of local codes and regulations applicable to your project.

3.2. PROPOSAL TRANSMITTAL LETTER
150
2450 V E N T U R E OA K S WAY, S U I T E 500 | S AC R A M E N TO, C A 95833 | 916.648.9700 | W W W. K I TC H E L L . C O M

WE ARE COMMITTED TO ACHIEVING THE OPTIMAL

PROJECT VALUE
We begin every project with results in mind. Results that will incorporate our knowledge and understanding of your facility, your maintenance and operations team, and the challenges and opportunities discovered together. This approach is backed by consistent successful project delivery for numerous local agencies throughout California, which is proven through our 85% repeat client track record. Our goal is to provide a quality project that will meet or exceed the City’s expectations.

We thank you for your consideration and look forward to presenting our qualifications and approach in person.

Sincerely,
Kitchell/CEM, Inc.

Geoff Bachanas, CCM Heather Brown, PE, LEED AP
President (authorized to bind Kitchell/CEM, Inc.) Executive Director of EAS

REQUIRED PROPOSAL STATEMENTS
` A. Proposer’s Name and
Contact
Kitchell/CEM, Inc.
2450 Venture Oaks Way, Suite 500, Sacramento, CA 95833
Sergio Rodriguez, PE, Assoc. DBIA, LEED AP | Principal-in-Charge email. [email protected] | tel. 916.648.9700
` B. Statement of Offer This Proposal is an offer to complete the Scope of Work and it, including the Cost Proposal rates and budget remain valid for a minimum of 90 business days following the Proposal due date.
` C. Conflict of Interest Kitchell nor any individuals performing work under the Contract, have a conflict of interest.
` D. City Contract Terms Kitchell has reviewed the City’s standard contract and insurance and accepts with a few recommended modifications. A copy of the contract, with recommended edits tracked, has been included with the electronic proposal submission.
` E. Subcontractors Miyamoto International |1450 Halyard Dr #1, West Sacramento, CA 95691 | tel. 916.373.1995 | [email protected] Miyamoto will be responsible for structural engineering services. ` F. Signature & Authority The Proposal Transmittal Letter has been signed by Kitchell/CEM, Inc.’s president, Geoff Bachanas. Evidence demonstrating authority is included as part of our Secretary of State documentation included in Section J.

Business License on page 13.
151
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 4 A. ORGANIZATION
Established in 1950, Kitchell is dedicated to providing construction management and general contracting services in the Western United States. Our firm’s innovations in management and reliability in delivering projects on time and within or under budget have earned us a reputation for superior performance. Since Kitchell’s inception, we have completed $59 billion in public sector construction representing more than 5,000 projects in recreation facilities, municipal office buildings, education facilities, courthouses, parking structures, civic centers, detention and criminal justice centers, healthcare facilities, police/fire stations and performing/multicultural arts centers.

In the A/E/C industry, Kitchell is known primarily as a construction management firm, but unlike most firms we have a full in-house Engineering and Architectural Services Department, established 38 years ago, comprised of licensed architects and engineers, as well as qualified and experienced quality control specialists, estimators, schedulers, mission critical facility experts, commissioning professionals, BIM technicians, facilities maintenance personnel and other specialized consultants needed to professionally and successfully address your needs for the project. This group of highly experienced and licensed professionals knows the unique demands placed on facility owners and operators. Refer to the resume section for relevant licenses and training.

Project Staffing
Kitchell currently has 350 qualified staff working on a variety of public sector projects. Our depth of resources, coupled with our large and diverse project base, allows us flexibility in meeting our clients’ staffing requirements. We take pride in selecting the most qualified personnel to achieve the depth and breadth of resources needed to provide full commitment, attention, continuity and accountability in developing a successful program. We will work with you to create an effective team to bring your projects in on time, within budget and with the highest possible quality.

Office Locations
Kitchell will be servicing the City’s contract out of our headquarters in Sacramento and will also be supported by our San Diego office. Our additional eight California offices are located in:

Bakersfield, Fresno, Inland Empire, Los Angeles, Oakland, Orange County, San Jose, and San Luis Obispo.

Sacramento Office (Headquarters)
2450 Venture Oaks Way, Suite 500
Sacramento, CA 95833
San Diego Office
9915 Mira Mesa Blvd., Suite 300 San
Diego, CA 92131

3.3. PROPOSER’S MANDATORY QUALIFICATIONS AND EXPERIENCE Subcontractor | Miyamoto International
Miyamoto’s structural engineering team transforms complex design, economic, sustainability and resilience challenges into opportunities. By providing high-performance engineering expertise, we reduce construction materials, enhance sustainability and maximize investment value. Their clients benefit from the best of local and global engineering talent, serving sectors such as education, healthcare, civic infrastructure, distribution, life sciences, residential, and commercial development. For 78 years, they have maintained an office in Sacramento, providing dedicated services to Sacramento County for the greater part of that history.

B. EXPERIENCE
Over 38 years ago Kitchell established a team of licensed professionals to assist our project managers, construction managers, and state, county and city governments in all technical aspects of project development. As such, we have been providing architectural, civil, electrical, mechanical and structural consulting services from the inception of a project through bid documents, construction, closeout and warranty. We also have schedulers, estimators, certified specification writers and CAD/BIM technicians in house. Kitchell’s EAS Department has been providing services similar to those requested by the City of West Sacramento for over 20 years.

C. PUBLIC AGENCY EXPERIENCE
Kitchell has extensive experience working with public agencies having completed $59 billion in public sector construction representing more than 5,000 projects in recreation facilities, municipal office buildings, education facilities, courthouses, parking structures, civic centers, detention and criminal justice centers, healthcare facilities, police/fire stations and performing/multicultural arts centers. We are also currently under contract with the City of West Sacramento providing design and construction administration services on your City Hall HVAC Replacement project. Following are descriptions and associated information for 10 of Kitchell’s projects from the past five years that are most relevant to yours. 38 YEARS

PROVIDING ENGINEERING &

ARCHITECTURAL SERVICES
$

18.8 BILLION

NORTHERN CALIFORNIA

CONSTRUCTION
45 YEARS

PROVIDING SERVICES IN

SACRAMENTO COUNTY
152
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 5 City of West Sacramento,
City Hall Mechanical System
Upgrade, West Sacramento, CA
Engineering and design services for the replacement of the heating, ventilation, and air conditioning (HVAC) system including a full assessment of the existing conditions, recommendations for replacement, project cost estimates, and producing biddable design drawings and specifications at the 62,275 SF City Hall building. The initial engineering assessment provided the City with a preferred solution that will include greener technology, reduction in energy use and operational and maintenance costs, increased air quality, and improved occupant comfort. The scope of work included the replacement of the mechanical systems located on the roof of the building along with related electrical service equipment and the replacement of the existing building automation/energy management system. Construction is being performed in stages to minimize operational impact to the building occupants.

Personnel
` Sergio Rodriguez
` Andrew Pascual
` Yi Zeng
` Ahmad Elkot
` Gerald Neuffer
` Heather Brown
` Lon Determan - Miyamoto
(Structural Engineering)
California Department of
General Services, CHP Academy
Deferred Maintenance Projects,
West Sacramento, CA
Facility assessment, design, cost estimating, scheduling and phasing services for multiple deferred maintenance projects at the California Highway Patrol Academy in West Sacramento.

Component projects include:

CENTRAL PLANT BOILER REPLACEMENT | Replacement of two hot water boilers, two hot water pumps, one pool boiler, and one domestic boiler.

NORTH AND SOUTH DORMITORIES HOT WATER HOLDING TANK
REPLACEMENT | Replacement of two hot water boilers and pumps with new.

MAIN CLASSROOM AIR HANDLERS REPLACEMENT | Replacement of two existing multi-zone air handler units on the roof with new, including new supply and return ductwork.

Personnel
` Sergio Rodriguez
` Andrew Pascual
` Yi Zeng
` Ahmad Elkot
` Gerald Neuffer
` Heather Brown
` Lon Determan - Miyamoto
(Structural Engineering)
City of Sacramento, Wastewater
Building HVAC Upgrade,
Sacramento, CA
Design services for HVAC upgrades to a 30,900 SF wastewater building encompassing design of the removal and replacement of several HVAC units, variable air volume boxes and roof mounted exhaust fans and addition of dedicated split system units and a four-ton variable refrigerant flow system. Scope of work included comprehensive design services including site investigation, preparation of design development and construction documents, permitting, bidding and construction administration services.

Kitchell was subsequently contracted to provide comprehensive mechanical consulting services including an analysis of the HVAC system, preparation of the assessment report and preparation of a cost estimate for proposed upgrades.

Personnel
` Sergio Rodriguez
` Andrew Pascual
` Ahmad Elkot
` Heather Brown
` Miyamoto
(Structural Engineering)
Completion Date
Ongoing (in construction phase) Completion Date
Ongoing (in construction phase)
Completion Date
November 2021
153
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 6 City of Manhattan Beach,
City Hall HVAC Renovation
Manhattan Beach, CA
Assessment, design, and construction administration for upgrades to the heating, ventilation and air conditioning systems for the 27,500 SF City Hall. The building’s HVAC systems serve the City Council Chambers, the departments of finance, parks and recreation, community development, human resources, information technology and management services. Scope of work included an assessment of the current HVAC system and equipment performance, prioritization of critical system improvements into manageable budget packages and development of an alternative system improvement option. After the completion of the first phase of the project Kitchell was hired to provide design services for the alternative system improvement option that the City selected.

Personnel
` Sergio Rodriguez
` Andrew Pascual
` Ahmad Elkot
` Heather Brown
` Miyamoto
(Structural Engineering)
City of San Diego, Improvements
to Fire Stations Number 3, 8 & 15
San Diego, CA
Design and construction services for a $2.7 million project consisting of renovations and improvements for three fire stations totaling 9,189 SF. Work includes expansions and renovations, facility reconfiguration, upgrades to HVAC equipment and ADA upgrades as well as various other modifications. Kitchell performed full design bid support and construction administration services which include responses to RFIs and submittals, regular participation at site meetings and construction observation.

Personnel
` Sergio Rodriguez
` Andrew Pascual
` Gerald Neuffer
` Heather Brown
City of Burlingame, Central County
Fire Department Station No. 35
Modernization, Burlingame, CA
Engineering and design services for a $838,000 comprehensive renovation of a 4,900 SF fire station originally built in the early 1970’s. Work included reconfiguration of the existing sleeping quarters to add a washroom for unisex use and facility accessibility compliance. Work also included new kitchen quarters, refurbished bullpen, window replacement, code upgrades with new sprinkler system for the entire facility, new mechanical system for heat and air conditioning and instant hot water heaters. Services also included estimating for schematic design options and design development phase for city budgeting purposes.

Kitchell is currently providing design services for the Phase II scope of work for the modernization of this fire station.

Personnel
` Sergio Rodriguez
` Andrew Pascual
` Gerald Neuffer
` Heather Brown
Completion Date
November 2023
Completion Date
July 2020
Completion Date
May 2020 (Phase I)
154
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 7 Butte County, County-Wide HVAC
Replacement Project, Various, CA
Engineering services for the replacement of HVAC equipment and energy management systems for 50 County-operated facilities over three years to improve the systems operation and efficiencies while enhancing air quality control. The scope of work included the review of existing HVAC equipment deficiencies, a site investigation for systems verification, the development of a prioritization plan for the replacement projects, upgrade recommendations for the County’s energy management system, the development of mechanical equipment specifications, and overall construction management assistance.

Personnel
` Sergio Rodriguez
` Andrew Pascual
` Ahmad Elkot
` Heather Brown
County of Sonoma, Main Adult
Detention Facility Records Room
HVAC Improvements, Santa Rosa, CA
Engineering services to provide HVAC improvements to the Main Adult Detention Facility records room. Scope of services initially consisted of evaluating the existing HVAC system serving the records room and IT data room, developing a scoping level report identifying the existing HVAC system conditions and recommendations for upgrade/replacement/ remediation, the development of scoping narratives to define project recommendations and developing a cost estimate. After completion of the evaluation, the County asked Kitchell to provide construction drawings, specifications and calculations as well as providing construction administration services.

Personnel
` Sergio Rodriguez
` Andrew Pascual
` Ahmad Elkot
` Gerald Neuffer
` Heather Brown
Stanislaus County, Capital Building
HVAC Project, Modesto, CA
Design services for a $1.2 million project consisting of the removal of all existing HVAC units and exhaust fans located in the 36,000 SF, three-story Capital Building facility. Scope included the installation and replacement of HVAC units serving each floor, installation of new HVAC controls, expansion of the existing exterior mechanical cage to accommodate a new HVAC unit serving the first floor lobby, provided code-required duct detectors for new HVAC units and connection to the existing fire alarm system.

Personnel
` Sergio Rodriguez
` Andrew Pascual
` Ahmad Elkot
` Heather Brown
` Miyamoto
(Structural Engineering)
Completion Date
February 2025 Completion Date
June 2021
Completion Date
December 2020
155
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 8 D. PERSONNEL
Kitchell’s project team, as presented on the following pages, has been assembled based on their ability to deliver the bestsuited skills and experience for delivery of the requested services. In choosing our team, we specifically selected available personnel with the experience and expertise of the services offered. Each member of our team brings a collaborative attitude to a project, is skilled in identifying and implementing solutions to challenging and complex projects, and is available for their assigned role. Our proposed team offers years of experience working on projects similar to yours. Additionally, Kitchell has the ability to draw upon an in-house staff of construction managers, estimators, schedulers, commissioning specialists and other construction professionals should the need arise.

Please refer to our proposed organization chart to the right and the following pages for key personnel resumes demonstrating their specialized knowledge and experience, as well as our history providing the requested services for similarly sized and scoped projects.

Principal-in-Charge
SERGIO RODRIGUEZ, pe, assoc. dbia, leed ap bd+c
(Kitchell)
Heather Brown, pe, leed ap
Executive Director of EAS
Matt Chappell, eit, cep
Estimating Director
Rick Stassi
Scheduling Manager
Project Manager
ANDREW PASCUAL, pe, assoc. dbia
(Kitchell)
Architect
YI ZENG, aia, leed ap, cdt
(Kitchell)
Electrical Engineer
GERALD NEUFFER, pe, leed ap
(Kitchell)

IN-HOUSE SUPPORT SERVICES TEAM
Mechanical Engineer
AHMAD ELKOT, pe
(Kitchell)
Organizational Chart
Structural Engineer
LON DETERMAN, se
(Miyamoto International)
Andrew will serve as the
primary point of contact
for the City’s needs.
156
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 9 Sergio Rodriguez, pe, assoc. dbia, leed ap
Principal-in-Charge | Kitchell

SIMILAR PROJECT EXPERIENCE
City of West Sacramento, City Hall Mechanical System Upgrade, West Sacramento, CA: Design services for the replacement of the heating, ventilation, and air conditioning (HVAC) system including a full assessment of the existing conditions, recommendations for replacement, project cost estimates, and producing biddable design drawings and specifications at the 62,275 SF building.

DGS, California Highway Patrol Academy Deferred Maintenance Projects, West Sacramento, CA:

Design and construction services for multiple deferred maintenance projects at California Highway Patrol Academy in West Sacramento.

City of Manhattan Beach, City Hall HVAC Renovation, Manhattan Beach, CA: A facility condition assessment, estimating, design and construction administration services for HVAC upgrades of the 27,500 SF facility.

City of Santa Monica, Public Safety Building HVAC Improvement, Santa Monica, CA: HVAC design improvements to the Public Safety Building chiller yard. Work included the replacement of the aircooled chillers, hydronic pumps and accessories and the reconfiguration of the piping system and all associated electrical controls.

Butte County, County-Wide HVAC Replacement Project, Various, CA: Engineering services for the replacement of HVAC equipment and energy management systems for 50 County-operated facilities over three years to improve the systems operation and efficiencies while enhancing air quality control.
years with Kitchell
13 EDUCATION
BS, Mechanical Engineering,
University of Texas at El Paso
LICENSES + REGISTRATIONS
Mechanical Engineer #M35271, CA
Associate Design-Build Professional
LEED Accredited Professional
Sergio has 23 years of experience in MEP project management and consulting services for a variety of clients, including education, retail, industrial, residential, and commercial. He has consulted with project owners to define mechanical system parameters, designed MEP and fire protection systems, provided oversight for engineering staff, performed field investigations, and consulted on LEED requirements. Sergio oversees the management of staff working with code, access compliance, design and constructability reviews, life cycle studies, value engineering sessions, energy studies, specifications development, needs assessments, master planning studies, facility assessments, and construction inspections.

Andrew Pascual, pe, assoc. dbia
Project Manager | Kitchell

SIMILAR PROJECT EXPERIENCE
City of West Sacramento, City Hall Mechanical System Upgrade, West Sacramento, CA: Design services for the replacement of the heating, ventilation, and air conditioning (HVAC) system including a full assessment of the existing conditions, recommendations for replacement, project cost estimates, and producing biddable design drawings and specifications at the 62,275 SF building.

DGS, California Highway Patrol Academy Deferred Maintenance Projects, West Sacramento, CA:

Design and construction services for multiple deferred maintenance projects at California Highway Patrol Academy in West Sacramento.

City of Sacramento, Wastewater Building HVAC Upgrade, Sacramento, CA: Design services for HVAC upgrades to a 30,900 SF wastewater building encompassing design of the removal and replacement of several HVAC units, variable air volume boxes and roof mounted exhaust fans and addition of dedicated split system units and a four-ton variable refrigerant flow system.

City of Manhattan Beach, City Hall HVAC Renovation, Manhattan Beach, CA: A facility condition assessment, estimating, design and construction administration services for HVAC upgrades of the 27,500 SF facility.

Stanislaus County, Capital Building HVAC Project, Modesto, CA: A $1.2 million project consisting of the removal of all existing HVAC units and exhaust fans located in the 36,000 SF, three-story Capital Building facility.

City of San Diego, Improvements to Fire Stations 3, 8 and 15, San Diego, CA: A $2.7 million project consisting of renovations and improvements for three fire stations totaling 9,189 SF. Work includes expansions and renovations, facility reconfiguration, upgrades to HVAC equipment and ADA upgrades as well as various other modifications.
years with Kitchell
10 EDUCATION
BS, Mechanical Engineering,
University of California, Davis
LICENSES + REGISTRATIONS
Mechanical Engineer #M39477, CA
Associate Design-Build Professional
Andrew brings 10 years of experience in the construction industry, primarily providing services to the public sector. Andrew leads coordination efforts with the project team through various investigations including total cost of ownership analysis, energy analysis, code cycle changes, construction phasing coordination, and project estimation. He has a passion for mentoring junior engineers and designers as well as incorporating new technologies into company processes. Since joining Kitchell, Andrew has provided design and assessment services as well as database administration for dozens of clients. 157
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 1 0 Yi Zeng, aia, leed ap, cdt
Architect | Kitchell

SIMILAR PROJECT EXPERIENCE
City of West Sacramento, City Hall Mechanical System Upgrade, West Sacramento, CA: Design services for the replacement of the heating, ventilation, and air conditioning (HVAC) system including a full assessment of the existing conditions, recommendations for replacement, project cost estimates, and producing biddable design drawings and specifications at the 62,275 SF building.

DGS, California Highway Patrol Academy Deferred Maintenance Projects, West Sacramento, CA:

Design and construction services for multiple deferred maintenance projects at California Highway Patrol Academy in West Sacramento. Projects include a central plant boiler replacement, flat roof replacement, main classroom air handlers replacement, hot water holding tank replacement at the north and south dormitories and a plumbing replacement below the cafeteria building.

Sonoma County Fire District, Capital Improvement Program, Sonoma, CA: Facility condition assessments and master planning for nine of the District’s existing fire stations. The goal was to assess the physical and operational conditions of the stations, identify capital improvement needs, and plan for future upgrades to ensure continued operations. The master plan incorporated industry best practices to promote efficient, effective, and safe working environments for fire crews.

Orange County, El Toro Building 365 Break Room Upgrade, Irvine, CA: Design services for the interior alterations of the existing 255 SF breakrooms. The scope of work included remodeling the existing breakroom, including new casework and wall-mounted television. The scope also included accessibility upgrades such as dedicated accessible parking, building entrance, and path of travel from the parking to the area of work.

County of San Diego, Vista Detention Facility Modernization Study, Vista, CA: Planning and design services to prepare a comprehensive facility master plan for renovations or replacement of the existing Vista Detention Facility (VDF) as well as a rough order of magnitude cost estimate. year with Kitchell
1 EDUCATION
Master of Architecture,
University of Southern California
BS, Architecture, University of Illinois
LICENSES + REGISTRATIONS
Architect #C36964, CA
LEED Accredited Professional
Yi brings 11 years of industry experience working on various projects including transportation, civic infrastructure, and education. He has excellent communication skills, working both with his design team and the client to meet goals and ensure projects are completed on time. Yi is driven by a passion for transforming exceptional designs into tangible realities. Witnessing clients and users delight in the spaces we’ve crafted is incredibly fulfilling to him.

Ahmad Elkot, pe
Mechanical Engineer | Kitchell

SIMILAR PROJECT EXPERIENCE
City of West Sacramento, City Hall Mechanical System Upgrade, West Sacramento, CA: Design services for the replacement of the heating, ventilation, and air conditioning (HVAC) system including a full assessment of the existing conditions, recommendations for replacement, project cost estimates, and producing biddable design drawings and specifications at the 62,275 SF building.

City of Sacramento, Wastewater Building HVAC Upgrade, Sacramento, CA: Design services for HVAC upgrades to a 30,900 SF wastewater building encompassing design of the removal and replacement of several HVAC units, variable air volume boxes and roof mounted exhaust fans and addition of dedicated split system units and a four-ton variable refrigerant flow system.

City of Manhattan Beach, City Hall HVAC Renovation, Manhattan Beach, CA: A facility condition assessment, estimating, design and construction administration services for HVAC upgrades of the 27,500 SF facility.

Butte County, County-Wide HVAC Replacement Project, Various, CA: Engineering services for the replacement of HVAC equipment and energy management systems for 50 County-operated facilities over three years to improve the systems operation and efficiencies while enhancing air quality control.

County of Sonoma, Main Adult Detention Facility Records Room HVAC Improvements, Santa Rosa, CA: Engineering services to provide HVAC improvements to the Main Adult Detention Facility records room.

Stanislaus County, Capital Building HVAC Project, Modesto, CA: A $1.2 million project consisting of the removal of all existing HVAC units and exhaust fans located in the 36,000 SF, three-story Capital Building facility.
years with Kitchell
5 EDUCATION
BS, Mechanical Engineering,
Oklahoma State University
LICENSES + REGISTRATIONS
Mechanical Engineer #M38746, CA
Ahmad is a dedicated and forward-thinking professional engineer with over 19 years of industry experience. Skilled in all phases of engineering operations, he consistently delivers projects under budget and ahead of schedule. Ahmad’s experience consists of developing and producing construction documents to fulfill client’s goals, deadlines and permit approval. His responsibilities include preparation of quality assurance and quality control documents, mentoring engineers in training and designers as well as providing design ideas and solutions.
158
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 1 1 Gerald Neuffer, pe, leed ap
Electrical Engineer | Kitchell

SIMILAR PROJECT EXPERIENCE
City of West Sacramento, City Hall Mechanical System Upgrade, West Sacramento, CA: Design services for the replacement of the heating, ventilation, and air conditioning (HVAC) system including a full assessment of the existing conditions, recommendations for replacement, project cost estimates, and producing biddable design drawings and specifications at the 62,275 SF building.

DGS, California Highway Patrol Academy Deferred Maintenance Projects, West Sacramento, CA:

Design and construction services for multiple deferred maintenance projects at California Highway Patrol Academy in West Sacramento.

City of Burlingame, Central County Fire Department Station No. 35 Modernization, Burlingame, CA:

A $838,000 comprehensive renovation of a 4,900 SF fire station originally built in the early 1970’s.

Work included reconfiguration of the existing sleeping quarters to add a washroom for unisex use and facility accessibility compliance.

City of San Diego, Improvements to Fire Stations 3, 8 and 15, San Diego, CA: A $2.7 million project consisting of renovations and improvements for three fire stations totaling 9,189 SF. Work includes expansions and renovations, facility reconfiguration, upgrades to HVAC equipment and ADA upgrades as well as various other modifications.

City of Santa Monica, Public Safety Building HVAC Improvement, Santa Monica, CA: HVAC design improvements to the Public Safety Building chiller yard. Work included the replacement of the aircooled chillers, hydronic pumps and accessories and the reconfiguration of the piping system and all associated electrical controls.

County of Sonoma, Main Adult Detention Facility Records Room HVAC Improvements, Santa Rosa, CA: Engineering services to provide HVAC improvements to the Main Adult Detention Facility records room.
years with Kitchell
17 EDUCATION
BS, Electrical Engineering, University
of the Pacific, Stockton
LICENSES + REGISTRATIONS
Electrical Engineer #E14881, CA
LEED Accredited Professional
Gerald has worked exclusively in the field of electrical consulting for 35 years.

During this time, he has designed electrical systems for a wide range of municipal, healthcare, retail, residential, military and educational facilities.

He has project management, coordination, and negotiation skills. Gerald has worked as an electrical department manager and mentored a team of electrical engineers and designers. His many licenses have allowed him to work, review and seal hundreds of projects across the United States.

Lon Determan, se
Structural Engineer | Miyamoto

SIMILAR PROJECT EXPERIENCE
City of West Sacramento, City Hall Mechanical System Upgrade, West Sacramento, CA: Design services for the replacement of the heating, ventilation, and air conditioning (HVAC) system including a full assessment of the existing conditions, recommendations for replacement, project cost estimates, and producing biddable design drawings and specifications at the 62,275 SF building.

DGS, California Highway Patrol Academy Deferred Maintenance Projects, West Sacramento, CA:

Design and construction services for multiple deferred maintenance projects at California Highway Patrol Academy in West Sacramento.

City of Sacramento, On-Call Services Contract, Sacramento, CA: Served as a prequalified consultant on the on-call roster since 2006. This work has encompassed facility assessments, miscellaneous repairs and a variety of structural engineering design assignments for a range of facility types.

City of Vacaville Police Station, Vacaville, CA: This project involves a new two-story police headquarters that is located in a high seismic area. To ensure occupancy and operation after a major earthquake, Miyamoto utilized resilient design principles for the station, the first building in the United States that applied the 2000 National Earthquake Hazards Reduction Program procedures.

Grass Valley Fire Station No. 1, Grass Valley, CA: Renovation and seismic upgrade of existing one-story, 5,510-SF Fire Station. Due to the nature and extent of the proposed renovations, it was required to bring the existing structure into conformance with the current building code.

San Leandro Police Building and South Office Renovations, San Leandro, CA: This renovation project includes improvements to two San Leandro public facilities: the San Leandro Police Department headquarters building and the South Offices Building that houses non-essential police support services. The Police Building is a three-story, 21,000-SF, concrete structure originally built in 1965. years with Miyamoto
30 EDUCATION
BS, Civil Engineering, Magna Cum
Laude, California State University,
Sacramento
LICENSES + REGISTRATIONS
Structural Engineer #S4654, CA
Civil Engineer #C57932, CA
Since 1995, Lon Determan has helped grow the firm’s recognition as a worldclass leader in innovative structural engineering solutions. In addition to his strengths as a Principal, Lon is an equally competent Structural Engineer with vast expertise in both public and private projects, such as essential service facilities, fire stations, office buildings, libraries, transit stations and parking structures. An established seismic safety expert, he repeatedly delivers solutions that resolve structural deficiencies and bring increased safety to the most complex facilities, such as historically-significant buildings. 159
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 1 2

IN-HOUSE SUPPORT SERVICES TEAM
Heather Brown, pe, leed ap
Executive Director of EAS
Heather brings more than 30 years of experience in the construction industry, where she has worked on a wide variety of public, higher education and commercial facilities. Her experience includes project management, mechanical and plumbing design, assessing and renovating both HVAC and plumbing systems, preparing calculations and AutoCAD drawings. Heather is responsible for the management of engineers and architects working with code, access compliance, design and constructability reviews, life cycle studies, value engineering sessions, energy studies, specifications development, needs assessments, master planning studies, facility assessments and construction inspections.

E. REFERENCES
Below are five references from Kitchell projects for whom similar services have been provided in the last three years. We encourage you to contact each of them to verify the quality of our work and their satisfaction with our services.
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 1 2

CITY OF WEST SACRAMENTO
City Hall Mechanical System Upgrade, West Sacramento, CA: Design services for the replacement of the HVAC system including a full assessment of the existing conditions, recommendations for replacement, and producing biddable documents at the 62,275 SF City Hall building.

Jamie Teske, Senior Project Manager |1110 West Capitol Avenue, West Sacramento, CA 95691 | tel. 916.617.4591 | email. [email protected]

CITY OF MANHATTAN BEACH
City Hall HVAC Renovation, Manhattan Beach, CA: A facility assessment, estimating, design and construction administration services for HVAC upgrades of the 27,500 SF facility.

Jeff Fijalka, Senior Civil Engineer |3621 Bell Avenue, Manhattan Beach, CA 90266 | tel. 310.802.5358 | email. [email protected]

CITY OF BURLINGAME
Fire Station No. 35 Modernization - Phase II, Burlingame, CA: Architectural and engineering services for the second phase of rehabilitation work for the 4,900 SF station built in the 1970s.

Kevin Okada, Senior Civil Engineer |501 Primrose Road, Burlingame, CA 94010 | tel. 650.558.7230 | email. [email protected]

BUTTE COUNTY
County-Wide HVAC Replacement Project, Various, CA: Engineering services for the replacement of HVAC equipment and energy management systems for 50 County-operated facilities over three years.

Sara Miller, Assistant Director |2081 2nd Street, Oroville, CA 95965 | tel. 530.552.3500 | email. [email protected]

CALIFORNIA DEPARTMENT OF GENERAL SERVICES
California Highway Patrol Academy Deferred Maintenance Projects, West Sacramento, CA: Design and construction services for multiple deferred maintenance projects at California Highway Patrol Academy in West Sacramento.

Clinton Sierer, Project Director I |707 3rd Street, 4th Floor, West Sacramento, CA 95605 | tel. 916.322.8779 | email. [email protected]
Matt Chappell, eit, cep
Estimating Director
Matt has more than 28 years of experience in private and public construction and design. His experience includes project management, agency/contractor coordination, scheduling and project budgets, utility construction and estimating on multiple municipal and education projects. As a Certified Estimating Professional (CEP) by the Association for the Advancement of Cost Engineering (AACE), Matt exemplifies the well-rounded construction estimating professional.

Rick Stassi
Scheduling Manager
Rick has over 48 years of technical and analytical industry scheduling experience, with a diverse career in the engineering and project management fields. He is an SME in earned value analysis providing project health status including earned schedule forecasting and delay mitigation. His experience encompasses project controls, engineering support, customer service and information technology support as well as scheduling, with excellent interpersonal and team-building skills. His experience includes high-volume projects across several industries including water/wastewater, aviation, civic/ municipal, commercial and transportation. 160
c i t y o f w e s t s a c r a m e n t o • e n g i n e e r i n g a n d d e s i g n s e r v i c e s f o r c o m m u n i t y c e n t e r h v a c r e p l a c e m e n t p r o j e c t | p a g e 1 3 F. LOCAL BENEFIT
Kitchell is an established firm working in California for 75 years and in 2008 we completed our first project with the City of West Sacramento, the Community Center. In the past 16 years, Kitchell has completed five projects for the City and is currently providing engineering and design services for the City Hall HVAC replacement project. Conveniently located across the river from West Sacramento, our team can provide on-site support in a timely manner. Additionally, our team understands the City’s market, operations, and trends and has relevant experience working with local authorities having jurisdiction for the successful completion of projects from permit through closeout.

Heather Brown, Executive Director of EAS, has resided in the City of West Sacramento since 2007 and is excited to continue working with the City and contribute to this project. Our subconsultant, Miyamoto International has been doing business in the City for several decades and has had an office located on Halyard Drive across the port from the City for well over 20 years. Miyamoto is also the continued partner with Kitchell as the structural engineer for the City Hall HVAC replacement project.

G. HISTORY
Kitchell/CEM, Inc. is a subsidiary of Kitchell Corporation. There have been no mergers, acquisitions, or sales related to our firm’s organizational structure within the last three years.

H. LEGAL CHALLENGES
There is no current or pending litigation against Kitchell.

I. FISCAL VIABILITY
Kitchell has never filed (or have filed against) any bankruptcy or insolvency proceedings, nor have we undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors.

J. BUSINESS LICENSE
Kitchell’s proof of registration to conduct business in the State of California is provided to the right. The number of vacancies on Board of Directors is: 0 BIKRAMJIT S JOHAL 2450 VENTURE OAKS WAY
SUITE 500
SACRAMENTO, CA 95833
WENDY M. COHEN 1707 E. HIGHLAND AVENUE
SUITE 100
PHOENIX, AZ 85016
DAVID E. KOVAL 1707 E. HIGHLAND AVENUE, SUITE 100
PHOENIX, AZ 85016
Agent for Service of Process
California Registered Corporate Agent (1505) C T CORPORATION SYSTEM Registered Corporate 1505 Agent
Type of Business
Type of Business CONSTRUCTION MANAGEMENT
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.

Labor Judgment
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.

Electronic Signature
By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.

Maria Davila
Signature
10/23/2024
Date
B3139-9889 10/23/2024 11:51 AM Received by California Secretary of State BA20241880643
Entity Details
Corporation Name KITCHELL/CEM, INC.

Entity No. 0973818
Formed In CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address 2450 VENTURE OAKS WAY, SUITE 500
SACRAMENTO, CA 95833
Mailing Address of Corporation
Mailing Address 2450 VENTURE OAKS WAY, SUITE 500
SACRAMENTO, CA 95833
Attention
Street Address of California Office of Corporation
Street Address of California Office 2450 VENTURE OAKS WAY, SUITE 500 SACRAMENTO, CA 95833
Officers
Officer Name Officer Address Position(s)
Wendy Cohen 1707 E. HIGHLAND AVENUE
SUITE 100
PHOENIX, AZ 85016
Chief Executive Officer, Chief Financial Officer
DAVID E. KOVAL 1707 E. HIGHLAND AVENUE, SUITE 100
PHOENIX, AZ 85016
Secretary
Additional Officers
Officer Name Officer Address Position Stated Position
Bikramjit S Johal 2450 VENTURE OAKS WAY
500
SACRAMENTO, CA 95833-3292
Vice President
Maria Davila 2450 VENTURE OAKS WAY, SUITE 500
SACRAMENTO, CA 95833
Assistant Secretary
Heather Brown 2450 VENTURE OAKS WAY, SUITE 500
SACRAMENTO, CA 95833
Assistant Secretary
+ Wendy M Cohen 1707 E. HIGHLAND AVENUE
SUITE 100
PHOENIX, AZ 85016
Vice President President
+ Geoffrey V Bachanas 2450 VENTURE OAKS WAY
500
SACRAMENTO, CA 95833-3292
Other President
Directors
Director Name Director Address
GEOFFREY V BACHANAS 2450 VENTURE OAKS WAY
SUITE 500
SACRAMENTO, CA 95833

STATE OF CALIFORNIA
Office of the Secretary of State

STATEMENT OF INFORMATION

CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 657-5448
B3139-9888 10/23/2024 11:51 AM Received by California Secretary of State