This process enhances procedural fairness, protects the City from premature litigation, and aligns with state law governing administrative exhaustion for Proposition 218 proceedings.
Environmental Considerations
Not applicable.
Commission Recommendation
Not applicable.
Strategic Plan Integration
Not applicable.
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as stated above.
2) Direct staff to revise the proposed Resolution or Procedures and return to Council at a later date; or 3) Decline to adopt the Resolution, maintaining current practices without a formalized administrative exhaustion process.
Alternatives 2 and 3 are not recommended as it would risk noncompliance with Government Code §53759.1.
Coordination and Review
This report was prepared by the Public Works Operations & Maintenance Department and coordinated with and reviewed by the Finance Department and the City Attorney.
Budget/Cost Impact
Adoption of the proposed Resolution and Procedures will not result in additional costs beyond existing staff time.
Implementation will be managed within current budgeted resources.
ATTACHMENTS
1. Resolution 25-121: Establishing Procedures for Ratepayer and Property Owner Objections to Proposed Utility Fees or Special Assessments
2. Fee-Assessment Exhaustion Procedures
339
Attachment 1
RESOLUTION 25-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
ESTABLISHING A PROCEDURE FOR RATEPAYER AND PROPERTY OWNER
OBJECTIONS TO PROPOSED UTILITY FEES OR SPECIAL ASSESSMENTS WHEREAS, the City of West Sacramento ("City"), is a California municipal corporation, formed and existing under California law; and WHEREAS, California law requires that certain changes to fees for property related services or special assessments must be adopted or approved in accordance with procedures outlined in Article XIII D, of the California Constitution, commonly referred to as “Proposition 218."; and
WHEREAS, article XIII D, Section 4, establishes certain procedural requirements and substantive limitations a local public agency must follow to adopt a special benefit assessment, and Section 6 establishes certain procedural requirements and substantive limitations a local public agency must follow to adopt a property related fee; and WHEREAS, the City falls within the definition of a "local public agency" as used in Article XIII D; and
WHEREAS, the purpose of this Resolution is to provide a meaningful opportunity for a ratepayer or property owner to present an objection to proposed new or amended water or sewer fees ("utility fees") or special assessments before resorting to litigation after the City approves new or amended utility fees or special assessments; and WHEREAS, in 2024, the California Legislature adopted AB 2257, which established a statewide standard for consideration of ratepayer and property owner objections to new or increased fees or assessments. This Resolution is intended to provide a procedure for ratepayers or property owners to bring an objection regarding new or amended utility fees or special assessments to the City's attention early in the fee or assessment consideration process, consistent with the California Constitution and state statutes, and to provide an opportunity for the City to address or resolve any objections before the City Council makes a final decision on whether to adopt the proposed utility fees or special assessments pursuant to Proposition 218; and
WHEREAS, This procedure will generally require the City to make available the proposed utility fees or special assessments; post the written basis for the proposed utility fees or special assessments on its website; provide at least 45 days for a ratepayer or property owner to review the proposed utility fees or special assessments and timely submit to the City a written objection to the utility fees or special assessments that specifies the grounds for alleging noncompliance with applicable laws; and require the City to consider and respond in writing to timely submitted objections prior to the close of the protest hearing or ballot tabulation hearing required under Sections 4 or 6, of Article XIII D, of the California Constitution; and WHEREAS, For purposes of the proposed utility fees or special assessments adopted by the City pursuant to Sections 4 or 6, of Article XIII D, of the California Constitution, a person or entity shall be prohibited from bringing a judicial action or proceeding alleging noncompliance with Article XIII D of the California Constitution for any new, increased, or extended utility fee or special assessment, unless that person or entity has timely submitted to the City a written objection to the proposed utility fees or special assessments that specifies the grounds for alleging noncompliance; and
WHEREAS, The City Council hereby intends to adopt the exhaustion of administrative remedies procedure as outlined in Government Code section 53759.1, and the administrative record principles contained in Government Code section 53759.2, as subsequently supplemented or amended.
340
Resolution 25-121
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The City Council hereby adopts the exhaustion of administrative remedies procedure contained in Government Code section 53759.1, subdivision (c), as subsequently amended or supplemented.
2. For purposes of any proposed utility fees or special assessments adopted by the City pursuant to Section 4 or 6, of Article XIII D, of the California Constitution, a person or entity shall be prohibited from bringing a judicial action or proceeding alleging noncompliance with Article XIII D of the California Constitution for any new, increased, or extended utility fees or special assessments, unless that person or entity has timely submitted to the City a written objection to the utility fees or special assessments that specifies the grounds for alleging noncompliance, in accordance with Government Code section 53759.1, as subsequently amended or supplemented.
3. The City Council hereby adopts the administrative record principles contained in Government Code section 53759.2, as subsequently amended or supplemented.
4. This Resolution will take effect upon its adoption by the City Council and will apply to any proposed new or amended utility fees or special assessments of which notice is provided pursuant to Proposition 218 and the procedures specified herein.
5. The City Council authorizes and directs the City Manager, or his designee, to take such other and additional actions as may be reasonably necessary or appropriate to implement the purpose of this Resolution and implement the exhaustion of administrative remedies procedures adopted herein.
PASSED AND ADOPTED by the West Sacramento City Council this 19th day of November 2025, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
341
Attachment 2
Article XIII D Exhaustion Procedures
This document provides administrative guidance for the implementation of AB 2257, located at Government Code sections 53759.1 and 53759.2, as modified from time to time. City staff are ultimately responsible for ensuring compliance with Government Code sections 53759.1 and 53759.2, and in the event of a conflict between this document and the Government Code, the Government Code shall prevail.
1. Overview of Exhaustion Procedure
The exhaustion procedure shall include the following chronological steps and may run concurrently with the Proposition 218 approval process (further detail provided below):
1. When directed by City Council, City staff to will send notice of the start of the exhaustion process to record owners and/or ratepayers, and post a written basis for the proposed water or sewer fees (collectively "utility fees") or special assessments on the City's website.
2. Owners/Ratepayers have no less than 45 calendar days to submit to the City written objections to the proposed rate.
3. City staff will review timely submitted written objections and draft a written response to the written objections. City staff will then present its findings and written responses to the City Council for review and to determine whether action is needed in response to the written objections and staff responses or findings.
4. A summary of written objections and staff responses will be presented prior to the start of a Proposition 218 protest hearing and prior to a final determination by the City Council regarding whether to approve the proposed utility fees or special assessments.
2. Initiating Exhaustion Procedure
Once City staff has presented proposed utility fees or special assessments to the City Council, the City Council shall also direct City staff to compile and transmit to ratepayers or property owners an exhaustion procedure timeline with specific deadlines for each step of the exhaustion procedure specified below, in compliance with the City's adopted procedures. City staff must also post a written basis for the utility fees or special assessments on the City's website.
3. Exhaustion Notice
The exhaustion notice (which can be separate or may be included with the protest notice in a single communication) shall include an overview of the exhaustion procedures, specify how ratepayers or property owners can submit written objections; provide the date and time by which those objections must be received by the City; specify when City staff will present written responses to the public; identify the point of contact to whom the ratepayer or property owner must send the written objections; include a link to the City’s website containing the utility fees or 342
Attachment 2
special assessments information; and notify the ratepayer or property owner that the failure to timely object in writing bars any right to challenge the utility fees or special assessments through legal proceedings. The exhaustion notice must notify ratepayers or property owners of the following or substantially similar statement:
“This exhaustion procedure is separate from the Proposition 218 protest hearing.
To participate in this exhaustion procedure, a written objection must indicate it is submitted as an objection in accordance with the exhaustion resolution.
Ratepayers or property owners who wish to submit a written protest for the Proposition 218 protest hearing must follow separate directions provided in the Proposition 218 notice.”
4. Written Objections
Ratepayers and property owners shall have no less than 45 days, starting on the date the exhaustion notice is mailed, to submit written objections to the City regarding the proposed utility fees or special assessments. Staff should consider having the deadline for submitting written objections occur at least two weeks before the protest hearing, to allow time for staff to prepare written responses to objections.
As stated above, to avoid confusion with written protests for the Proposition 218 process, a written objection must specify that it is submitted as part of the exhaustion procedure or in accordance with the exhaustion resolution. All written objections shall state the specific grounds for concern with proposed utility fees or special assessments and include a desired resolution or outcome. If the nature of the dispute is vague or unclear, the City Council may, but is not obligated to, request clarification. Objections shall include the name, phone number, street address of the parcel affected by the proposed fee, e-mail address (if applicable), and preferred method of communication with the objecting ratepayer or property owner.
Any objection must be received by the City before the close of business on the stated deadline date, and a postmark is not sufficient. Written objections that are not received by the deadline specified in the exhaustion notice may be considered by the City Council with an offer of proof of extraordinary circumstances. The City Council has sole discretion to determine whether to consider those late objections.
5. Staff Response
At the close of the written objection period, City staff shall review timely submitted and otherwise compliant written objections in accordance with the requirements above and shall draft written responses to the written objections. The written response shall explain the substantive basis for retaining or altering the proposed fee or assessment in response to the written objection.
City staff shall present the findings to the City Council at a regular or special meeting that was specified in the exhaustion notice. The City Council, in exercising its discretion, shall determine whether further review is needed, whether the input gathered from written objections and the staff responses warrant amendments to the proposed utility fees or special assessments, and whether to proceed with the Proposition 218 protest hearing. 343
Attachment 2
6. Conclusion of Exhaustion Procedure
Once the City Council has made its final determination as to any objection, it may proceed with the Proposition 218 protest hearing (as previously noticed in accordance with Proposition 218).
7. Rate Challenger Must Exhaust Administrative Remedies No claim, suit for damages, suit for injunctive relief, petition for writ of mandamus, or administrative or judicial proceeding shall be brought against the City, the City Council, or its employees, officers, or designees, regarding a challenge to proposed utility fees or special assessments, or modification thereof, unless the challenging party first exhausts the administrative remedies by complying with the exhaustion procedure specified above. 344
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 19, 2025 ITEM # 10
SUBJECT:
REQUEST FOR CONSIDERATION OF RESOLUTION 25-125
AUTHORIZING AN APPROPRIATION FOR THE REDESIGN OF THE
CITY WEBSITE
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff Doug Drozd, Deputy City Manager City Manager’s Office
[ ] Other
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action
OBJECTIVE
This report requests City Council consideration of Resolution 25-125, authorizing a budget appropriation of $67,382 for the redesign and upgrading of the City's website.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve Resolution 25-125, approving an appropriation of $67,382 for the redesign and upgrading of the City’s website.
BACKGROUND
The City's official website is one of the City's primary communication tools and is among the highest touchpoints the City has with residents. The website hosts a myriad of information regarding the City’s projects, programs, public meetings, and general functions. Additionally, the website provides residents with access to report issues, submit applications, and pay bills. For these reasons, the City’s website must be updated from time to time to ensure it is up to date with the latest technological advances so that it remains an easy-to-use tool for residents to learn about and interact with the City.
In addition, in April 2024, the U.S. Department of Justice published a rule that sets technical requirements for state and local governments to follow to make sure that their websites and mobile apps are accessible to people with disabilities. This will require significant changes to the City’s website, which must be completed by April 24, 2026.
ANALYSIS
The City’s website is hosted by Granicus, and while staff have regularly updated the information available on the website, the underlying website hosting platform has not been updated since 2017. Technological advances in website design and hosting platforms have rendered many aspects of the website obsolete, resulting in frustration for staff and residents. Approval of Resolution 25-125 would remedy these problems by providing the necessary funding to upgrade the City’s website to Granicus’s latest technology.
There are three primary objectives of this project. First, is to address the fact that the City's website is outdated, lacks functionality, and can be confusing to residents and employees alike. By modernizing the website to current standards, the City can improve usability and aesthetics for all users. The second objective is to improve the City's communications with residents, which this redesign will achieve by reducing confusing interfaces, increasing residents' understanding of government through new features, and improving access to government services. Third, this proposal will allow the City to take advantage of technological advances in government website design that cannot be implemented via the City's current outdated website software. Specifically, many features that the City pays other vendors for separately (e.g., resident request input and tracking, community calendars, and social media engagement tools) may now be able to be provided through improved website technology. Staff proposes to renew the contract with Granicus and move forward with the needed upgrades to the website.
Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
N/A
345
Consideration of Resolution 25-125 City Website Redesign November 19, 2025
Strategic Plan Integration
The recommended action supports all Council strategic planning goals by creating a more easily navigable website for residents to learn about the City and interact with the City government.
Alternatives
The Council’s primary alternatives are summarized below:
1. Adopt Resolution 25-125, approving an appropriation of $67,382 for the redesign and upgrading of the City website.
2. Approve Resolution 25-125, subject to specific changes directed by the Council.
3. Decline to approve Resolution 25-125, and direct staff to return at a future date with more information.
Alternative 1 is staff’s recommended action. Staff is prepared to effectuate Alternatives 2 or 3 at the Council’s direction.
Coordination and Review
This report was prepared by the City Manager’s Office and was reviewed by the Finance Department.
Budget/Cost Impact
This report requests an appropriation of $67,382 in FY 2024/25, which includes a one-time implementation fee of $46,000 for costs associated with new website setup, configuration, training, development, and consulting services, and $32,000 in ongoing annual appropriations for yearly software maintenance and configuration. This annual cost is offset by the existing budget of $10,618, leaving an ongoing annual budget need of $21,382. These costs are incurred in the General Support Services Fund (Fund 104) and are allocated to all City funds based on the approved cost allocation methodology.
ATTACHMENT
1. Resolution 25-125
346
Attachment 1
RESOLUTION 25-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AUTHORIZING AN APPROPRIATION OF $67,382 IN THE FY 2025/26 BUDGET TO FUND
THE REDESIGN OF THE CITY WEBSITE
WHEREAS, the City Council adopted the biennial Operations and Maintenance (O&M) budget for fiscal years 2025/26 June 18, 2025; and
WHEREAS, Granicus is an industry standard provider of local government website hosting platform services; and
WHEREAS, the City is required to come into compliance with U.S. Department of Justice Americans with Disability Act guidelines for municipal websites by April 2026; and WHEREAS, the City’s current website was last updated in 2017, and requires updates to achieve compliance with this order; and
WHEREAS, the City wishes to provide a technologically up-to-date website to improve usability of the website for City residents and staff to conduct business; and WHEREAS, the City’s General Support Services Fund (Fund 104) tracks expenses that are allocated to various City cost centers based on approved cost allocation methodology, and the additional cost of $67,382 will be allocated to cost centers based on the approved cost allocation methodology.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The City Council hereby approves amendments to the FY 2025/26 adopted budget as follows:
SOURCES
$67,382 104-9026-4991 Cost allocation transfer in
$67,382 TOTAL SOURCES
USES
$46,000 104-9026-5261 ONE-TIME Professional Services
$21,382 104-9026-5257 Ongoing Software Maintenance
$67,382 TOTAL USES
2. This Resolution shall take effect immediately upon its adoption PASSED AND ADOPTED this 19th day of November 2025 by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
347
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 19, 2025 ITEM # 11
SUBJECT:
CONSIDERATION OF RESOLUTION 25-119 SETTING THE TIME AND DATE FOR THE 2026/27 REGULAR MEETINGS OF THE CITY COUNCIL
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Amanda Berlin, Assistant City Manager - Administrative
Services
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to seek Council approval of the City Council meetings scheduled for February 1, 2026 through January 31, 2027.
RECOMMENDED ACTION
It is respectfully recommended that the City Council adopt Resolution 25-119 setting the time and date for City Council meetings commencing February 1, 2026 through January 31, 2027.
BACKGROUND
The City Council generally meets on the first and third Wednesdays of the month. In the fall of each year, the Council reviews the meeting calendar with consideration given to holidays and other regular Council obligations.
Resolution 25-119 sets a regular Council meeting schedule for 2026/27 which takes into consideration holidays and other scheduling conflicts. This schedule will reduce the need to cancel and/or schedule special meetings.
ANALYSIS
Resolution 25-119 keeps, as much as possible, with the designated first and third Wednesdays of each month with the following exceptions:
Pursuant to Resolution 24-111 the Council is currently scheduled to meet on January 21, 2026, and staff is recommending not scheduling a meeting on February 4 (first Wednesday) but scheduling a meeting on February 18 (third Wednesday) to allow for scheduling two consecutive meeting days, February 5 and 6, for the annual Council strategic planning session.
Due to the Washington Unified School District Spring Break schedule March 23 – April 6 staff is proposing to not schedule a meeting on April 1.
Due to the Metro Chamber Annual Cap-to-Cap event (which Council attends) scheduled for April 18-22, staff recommends scheduling a meeting on April 15 (third Wednesday) and no additional regular meetings in April. If necessary, a special meeting could easily be scheduled to accommodate any date sensitive items.
Staff is proposing to not schedule meetings in July to provide for a summer recess. Staff is recommending not scheduling a meeting on September 2 due to the Labor Day holiday. Due to the holiday season, staff recommends meeting once in December on the 2nd and not scheduling meetings on December 16 or January 6, to allow for a holiday break until January 20, 2027. The meeting on December 2 will also accommodate the planned Executive Team Retreat schedule. A Special Meeting may be necessary to administer the Oaths of Office following the certification of the election results.
Environmental Considerations
N/A
Commission Recommendations
N/A
348
Resolution 25-119 Council Meeting Calendar
November 19, 2025
Strategic Plan Integration
N/A
Alternatives
The Council may choose to keep the regular meeting schedule on the first and third Wednesdays of the month and cancel meetings or hold special meetings, as necessary.
Coordination and Review
N/A
Budget Cost Impact
N/A
ATTACHMENT
1) Resolution 25-119
349
Attachment 1
RESOLUTION 25-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO SETTING THE TIME AND DATE FOR THE FEBRUARY 2026 - JANUARY 2027 REGULAR
MEETINGS OF THE CITY COUNCIL
WHEREAS, Municipal Code Section 2.04.010(c) states that the time of regular City Council meetings shall be set by resolution and may be amended from time to time; and NOW, THEREFORE, BE IT RESOLVED that the City Council sets the time and date for regular meetings of the City Council for February 2026 through January 2027 at 7:00 p.m. (between 6:00 - 6:30 p.m. for closed sessions) as follows:
February 18, 2026
March 4 & 18, 2026
April 15, 2026
May 6 & 20, 2026
June 3 & 17, 2026
August 5 & 19, 2026
September 16, 2026
October 7 & 21, 2026
November 4 & 18, 2026
December 2, 2026
January 20, 2027
BE IT FURTHER RESOLVED that prior to the end of each calendar year, a calendar of regular meetings will be adopted for the subsequent calendar year.
PASSED AND ADOPTED this 19th day of November 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
350
4937-8241-0868.1 007203.511
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 19, 2025 ITEM # 12
SUBJECT:
A HEARING TO CONSIDER ADOPTION OF RESOLUTION 25-116 DECLARING THE
PUBLIC INTEREST AND NECESSITY AND AUTHORIZING COMMENCEMENT OF
EMINENT DOMAIN (CONDEMNATION) PROCEEDINGS TO SECURE REAL PROPERTY
INTERESTS NECESSARY FOR THE I STREET BRIDGE REPLACEMENT PROJECT (010-371-007, 010-371-008 and 010-101-012) CIP 10033
INITIATED OR REQUESTED BY: REPORT PREPARED BY:
Fred Arnold, Real Property Asset Manager
Capital Projects Department
[ ] Council [X] Staff
[ ] Other
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to adopt Resolution 25-116, determining that the public interest and necessity require acquisition of real property interests for public purposes, and authorizing proceedings under California Government Code Sections 37350.5, 40401 and 40404; and the provisions of California Eminent Domain Law comprising Title 7, Part 3 of the California Code of Civil Procedure (commencing at Section 1230.010) for the I Street Bridge Replacement Project ("Project") (APNs:
010-371-007, 010-371-008 Holland Fong in Trust and 010-101-012 Fong Yue) (CIP 10033).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Conduct a hearing to consider the adoption of Resolution 25-116 to commence eminent domain proceedings to secure real property interests necessary to construct, maintain and operate the Project (CIP 10033), and if timely requested, to receive testimony from the property owners, their attorneys, or representatives on the issues relevant to the Resolutions of Necessity; 2) Find that the environmental impacts of adoption of Resolution 25-116, associated with the Project are fully analyzed in the previously adopted I Street Bridge Replacement Project Final Environmental Report/Environmental Assessment and addendum thereto, adopted by City Council on March 15, 2023, pursuant to Resolution 23-29, and that the need for subsequent environmental review pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164 is not triggered; 3) Make the following findings:
a. The public interest and necessity require the Project; b. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
c. The property sought to be acquired is necessary for the Project; and d. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record.
4) Adopt the Resolution of Necessity, Resolution 25-116, determining that the public interest and necessity require the acquisition of certain real property identified as Assessor Parcel No. 010-372-007 & 008 located at 310 & 320 2nd Street, and 010-101-012 located at 200 C Street West Sacramento ("Property"), and as more fully described and depicted in the exhibits attached to the proposed Resolution, for construction, operation and maintenance of the Project; 5) Authorize the City Attorney or outside legal counsel, to file eminent domain (condemnation) action(s) as set forth herein, including motion(s) for orders for prejudgment possession, and to prosecute the actions to final judgment; and
6) Delegate authority to the City Manager to undertake all the necessary actions to commence and complete real property transactions for the Project, including disbursement of funds required to obtain possession and title to the property interests into the State of California Condemnation Deposits Fund, for the acquisition of the property interests described above.
BACKGROUND
The City of Sacramento, in cooperation with the City of West Sacramento, is proposing to construct a new bridge over the Sacramento River to replace the vehicle crossing that is currently the existing I Street Bridge. The new connection will help reduce traffic congestion, improve operations and safety, as well as serve multiple modes 351
Resolution 25-116 I Street Bridge Replacement Project
November 19, 2025
4937-8241-0868.1 007203.511
of transportation. The Project is in line with the goals set forth in the 2003 Sacramento Riverfront Master Plan and the 2011 Sacramento River Crossings Alternatives Study. The Project will construct a new vertical lift bridge upriver from the existing historic I Street Bridge. Once completed the Cities will remove portions of the viaducts that currently provide motor vehicle access to the upper deck of the I Street Bridge and open the Sacramento and West Sacramento waterfronts to future open space, recreation, housing, and commercial development.
To complete the Project, the City must acquire several real property parcels and property interests, including certain real property identified as Assessor Parcel No. 010-372-007 & -008 located at 310 & 320 2nd Street and 010-101-012 located at 200 C Street, West Sacramento, California as further described and depicted in the exhibits attached to the proposed Resolution.
The City prepared and sent out a formal offer letter to the subject property owners on December 1, 2023, to acquire the Property for its appraised fair market value. At this time, the parties have not reached an agreement on the terms of the acquisition.
As no agreement has been reached on the aforementioned properties at this time, in order to preserve the Project schedule, staff recommends the City conduct a hearing to receive comments from the property owners upon request and, if satisfied that the necessary findings can be made, adopt a Resolution of Necessity in which the City Council authorizes the filing of an eminent domain action pursuant to California Code of Civil Procedure sections 1230.010 et seq. If the Resolution of Necessity is adopted, staff will continue to communicate and attempt to reach settlements with the property owners without incurring the burden and expense of formal litigation.
ANALYSIS
It is always the City’s preference to acquire real property through negotiated settlement if possible; however, with respect to the Property, negotiations have not been successful as of this date. The parties have not reached an agreement on the terms of the acquisition, primarily due to ongoing family litigation regarding vesting and unclear title, because we are unable to complete the negotiations due to these issues. The property owner(s) do not necessarily oppose the City's acquisition but acknowledge that the condemnation may be necessary to identify potential interest holders and resolve any title issues thereby allowing the City to receive a clean title to the Property. This is sometimes referred to as a "friendly condemnation" with the City.
California Government Code Sections 37350.5, 40401 and 40404, and the provisions of California Eminent Domain Law comprising Title 7, Part 3 of the California Code of Civil Procedure (commencing at section 1230.010), authorize the City to file a legal action to condemn property for public purposes such as the Project upon adoption of a Resolution of Necessity.
The City may adopt a Resolution of Necessity only after it has given each person, as listed on the County assessment role, whose property is proposed for acquisition by eminent domain, the opportunity to appear and be heard before the Council. California Code of Civil Procedure section 1245.235 specifies that the hearing is intended to provide the opportunity for the property owner to speak to the Council, and not as a general public hearing to solicit input from the public. However, the City Council may allow public comment on the proposed adoption of the Resolution. City staff sent property owner the notice in compliance with section 1245.235, copies of this notice are attached hereto and incorporated herein.
The purpose of this hearing is to consider whether the Council should adopt the Resolution of Necessity, authorizing the City to file a condemnation action to acquire the Property. Adoption of the Resolution requires a 2/3 vote. In adopting a Resolution of Necessity, the Council must consider and make the following findings:
1. Whether public interest and necessity require the Project;
2. Whether the proposed Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the Project; and
4. Whether the offer required by Government Code Section 7267.2 has been made to the owner or owners of record.
The basis for these four findings is detailed in this report and the incorporated documents and will be supplemented, as necessary, during the hearing on the Resolution of Necessity. 1) The Public Interest and Necessity Require the Project 352
Resolution 25-116 I Street Bridge Replacement Project
November 19, 2025
4937-8241-0868.1 007203.511
The public interest and necessity require the Project in order to safely and efficiently accommodate traffic and those who travel between the cities of Sacramento and West Sacramento. The Project will construct a new bridge over the Sacramento River to replace the vehicle crossing that is currently accommodated by the existing I Street Bridge in order to remove a series of functionally obsolete or structurally deficient bridges (i.e., approach structures). The current bridge is over 100 years old, and its lanes are too narrow to accommodate buses, it lacks bike lanes and its sidewalks are too narrow to meet current accessibility standards. The new bridge will also will reduce future traffic congestion, improve operations and safety, serve multiple modes of transportation, and comply with current American Association of State Highway and Transportation Officials, Caltrans and local agency design standards. It is consistent with the Sacramento River Crossings Alternative Study.
Specifically, the purpose and objectives of the project are listed below. • The Project will construct a new public crossing of the Sacramento River north of the Union Pacific Railroadowned I Street Bridge from C Street in the City of West Sacramento to Railyards Boulevard in the City of Sacramento, consistent with the adopted findings of the Sacramento River Crossings Alternatives Study for Bridge Location 2 in the North Market Area.
• The new bridge will meet the requirements of the Neighborhood Friendly Bridge definition that the City of Sacramento City Council adopted by resolution on October 18, 2011. • In addition to the Neighborhood Friendly Bridge definition, the Project will include pedestrian and bicycle facilities in the new public crossing that meet Americans with Disabilities Act (ADA) requirements, and facilitate connections to and from the new crossing and the Sacramento River Parkway and Riverfront Park trails.
• The Project will facilitate vehicular and multimodal traffic over the river in order to reduce traffic congestion, improve safety, and remove a number of structurally deficient or functionally obsolete bridges that have reached the limit of their design life.
• The proposed structure will be a movable bridge that satisfies the vertical clearance and river navigation requirements of the U.S. Coast Guard (USCG).
• The Project design will accommodate future high-quality transit and the potential addition of a streetcar, which would be a separate stand-alone project developed by the Cities of West Sacramento and Sacramento.
• The new bridge will improve the connectivity to, and accessibility of, businesses, recreational areas, and new or redevelopment opportunity sites located in the urban core of Sacramento and West Sacramento, including the Sacramento Railyards and the River District in Sacramento and the Washington District in West Sacramento.
Additionally, the Project is needed for the following reasons. • The existing I Street Bridge does not fully comply with current design and traffic operation standards due to the following conditions.
– I Street Bridge limits or restricts traffic capacity and multimodal use. The current bridge width is not sufficient to provide adequate traffic operations, bicycle lanes, or the ability for transit service, including busses, across the bridge.
– The I Street Bridge and the four associated approach structures are on the eligible bridge list for federal funds for replacement and/or rehabilitation through the Highway Bridge Program (HBP). The I Street Bridge has been classified as functionally obsolete, and the existing approach structures have been classified as structurally deficient. The Cities of Sacramento and West Sacramento have decided to pursue replacement through the HBP.
• It is necessary to provide access to and between two proposed transit-oriented infill development planning areas on opposite sides of the Sacramento River, Washington District and Sacramento Railyards. To realize the full potential of each of the areas, a pedestrian friendly, multimodal connection across the river is necessary, and is not provided by the current I Street Bridge. • The I Street Bridge is not in compliance with ADA standards. Standard and continuous sidewalks, and bicycle facilities that encourage walking and bicycling are needed to comply with the ADA and promote the use of alternative modes of travel.
In general, the Project will improve infrastructure and provide a framework for a well-planned, waterfront oriented urban district and to generally further public safety and the general community welfare in a manner consistent with the City’s General Plan and the Washington Specific Plan. 2) The Project is Planned or Located in the Manner that Will Be Most Compatible with the Greatest Public Good and the Least Private Injury
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Resolution 25-116 I Street Bridge Replacement Project
November 19, 2025
4937-8241-0868.1 007203.511
The Project has been developed in a manner most compatible with the greatest public good and least private injury based upon studies of potential alternatives. This included considerations of alternatives within the Final Environmental Impact Report, the addendum to the EIR and the analysis in support of the adoption of Resolution 23-29. The Bridge Location Feasibility Study, and Project value analysis study further supports the present Project.
3) The Property Interests are Necessary for the Project The proposed Project plans and Bridge alignment dictate the property required for the Project. The alignment is supported by the 2014 alignment study conducted by Mark Thomas & Co. The existing West Sacramento approach on C Street was determined the logical western connection for the bridge. Necessary property was further refined through the process of preparing the EIR addendum resulting in the findings and determinations of Resolution 23-29. The properties to be acquired lie within the roadway cross sections and are therefore necessary for the safety, construction, and maintenance of the Project. 4) The Offers Required by California Government Code §7267.2 Have Been Made The offers required by California Government Code §7267.2 have been made to the owner(s) of record for the necessary property interests. California Government Code §7267.2 requires that an offer be made to the owner in an amount which the agency believes to be just compensation consistent with and based upon the property's appraised value. The City contracted with CBRE Valuation & Advisory Services (“CBRE”), a full-service independent appraisal firm, to determine the fair market value of the subject property. Based on CBRE’s appraisal, the City prepared and sent out a formal offer letter to the property owners on December 1, 2023, to acquire the Property for its full appraised fair market value. The City’s offer also included information regarding property owners’ rights to obtain an independent appraisal, for which the City would reimburse them in an amount not to exceed $5,000. Copies of the offer letters are attached as exhibits to this report and incorporated herein.
Questions regarding the amount of compensation to be paid for the respective property is not part of this proceeding, and the Council does not consider such in determining whether it should adopt the proposed Resolution of Necessity. If the Council adopts the proposed Resolution of Necessity, the City Attorney’s Office will file documents commencing eminent domain proceedings with the Superior Court in Yolo County. In that proceeding, the Court will determine the amount of compensation to which the property owners are entitled. It is also anticipated that the parties will continue to engage in settlement discussions in an effort to reach a mutually agreeable resolution even after the filing of any eminent domain action.
Environmental Considerations
These actions are consistent with and fully addressed by the City Council approval of the I Street Bridge Replacement Project EIR/EA and addendum thereto on March 15, 2023. A copy of Resolution 23-29 is attached hereto and incorporated by reference. The Environmental Impact Report and Environmental Assessment, the addendum thereto, the supporting staff report and the administrative record relating the approval are incorporated herein by reference. Due to the volume of these documents, they are not attached, but are available for review1.
Commission Recommendations
N/A
Strategic Plan Integration
The Project actions and activities are consistent with the City Council’s adopted 2023 Strategic Priorities.
Alternatives
Staff recommends that the City Council:
1) Approve the recommended actions as stated above.
2) The City Council may choose to make adjustments to Resolution 25-111 3) The City Council could choose to decline the recommended actions and decline to adopt the proposed Resolution of Necessity at this time.
Alternatives 2 and 3 are not recommended as this is a grant-funded project with a tight delivery schedule. Any changes or modifications to the scope of the Project or the documents required to move the Project forward will 1 https://www.cityofwestsacramento.org/home/showpublisheddocument/18468 (City Council Regular Meeting, March 15, 2023 - Item #12 Regular Agenda)
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Resolution 25-116 I Street Bridge Replacement Project
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impact the funding and timing available for the Project. Staff will continue attempts to reach voluntary agreements to purchase the required property interests. The prompt acquisition of the subject properties is recommended by staff in order to achieve the public safety objectives of the Project in a timely manner.
Coordination and Review
Preparation of this report was coordinated with the City Attorney, Capital Projects and the Community Development Department
Budget/Cost Impact
This condemnation action is not associated with a budget request or amendment. Adoption of Resolution 25- 116 will have no new net cost impact.
ATTACHMENT(S)
1) Proposed Resolution of Necessity 25-111 with Exhibits 2) Offer Letters to Property Owners pursuant to California Government Code §7267.2 3) Resolution of Necessity 25-111 Public Hearing Notices mailed to Property Owners The following documents are included as a part of this report, and are available upon request, but are not attached due to their size:
1) Washington Realized Plan
2) Washington Specific Plan
3) 2011 Sacramento River Crossings Alternatives Study
4) Mark Thomas & Co. Bridge Alignment Study
5) Bridge Location Feasibility Study
6) Project value analysis study
7) Final Environmental Impact Report – Vols. 1 & 2
8) Resolution 23-29 – including the supporting administrative record and EIR addendum 9) City’s Capital Improvement Program (CIP)
10) City General Plan
11) City Zoning Code
12) Sacramento Riverfront Master Plan
13) Project Plans and Specifications
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ATTACHMENT 1
RESOLUTION 25-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
DECLARING THE NECESSITY AND AUTHORIZING THE COMMENCEMENT OF EMINENT
DOMAIN PROCEEDINGS TO SECURE REAL PROPERTY INTERESTS NECESSARY TO CONSTRUCT THE I STREET BRIDGE REPLACEMENT PROJECT APN 010-371-007, 010- 371-008 - HOLLAND FONG IN TRUST AND 010-101-012 - FONG YUE CIP 10033
WHEREAS, constructing, replacing the I Street Bridge is a priority to the City of West Sacramento (City), and acquiring the necessary right-of-way and other property interests to construct the project is an important and necessary step in the I Street Bridge Replacement Project ("Project") (CIP 10033); and
WHEREAS, the Project, is necessary to provide safety improvements for vehicles, pedestrians and bicyclists, to provide a framework for a well-planned, waterfront-oriented urban district and to generally further public safety and the general community welfare in a manner consistent with the City’s General Plan and the Washington Specific Plan; and WHEREAS, the Property Interests which are the subject of this Resolution of Necessity consist of a right-of-way full fee acquisition and temporary construction easement, all of which are more particularly described and depicted in Exhibit “A”, which are attached hereto and are incorporated herein ("Property Interests"). The Property Interests are located at 310 & 320 2nd Street, and 200 C Street in the City of West Sacramento, and the Yolo County Assessor has designated the Property Interests as APN 010-371-007, 010-371-008 (Holland Fong in Trust) and 010-101-012 (Fong Yue); and
WHEREAS, the Property Interests are located entirely within the municipal boundaries of the City of West Sacramento; and
WHEREAS, the City of West Sacramento has complied with the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000, et seq., in regards to acquisition of the Property Interests through adoption of a Final Environmental Impact Report, and addendum thereto, and no substantial changes are proposed to the Project and there are no substantial changes in circumstances or new information that would require further environmental review under CEQA; and
WHEREAS, the City of West Sacramento has complied with the requirements of California Government Code §7267.2, in regard to the acquisition of the Property Interests by making an offer to purchase to the known owner(s) of record; and
WHEREAS, as a result of the hearing held on November, 19, 2025, and in accordance with the provisions of California Code of Civil Procedure §1245.235, the City Council of the City of West Sacramento intends to make certain findings and determinations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1) The recitals contained herein are true and correct.
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Resolution 25-116
November 19, 2025
2) Upon examination of the alternatives, the City of West Sacramento requires the Property Interests for the Project.
3) The City of West Sacramento is authorized to acquire the Property Interests pursuant to the provisions of California Government Code sections 37350.5, 40401 and 40404 and the provisions of California Eminent Domain Law comprising Title 7, Part 3 of the California Code of Civil Procedure (commencing at section 1230.010).
4) The acquisition of the Property Interests for Project purposes is authorized by §1240.010 of the California Code of Civil Procedure and California Government Code §§37350.5, 40401 and 40404 whereby the acquisition promotes public safety and general community welfare and is therefore a public use.
5) To the extent any Property Interests are appropriated to a public use, acquisition of the Property Interests are a compatible and/or more necessary public use pursuant to California Code of Civil Procedure sections 1240.510 et seq. and 1240.610 et seq. 6) The City of West Sacramento hereby finds, determines, and declares:
a. The public interest and necessity require the proposed Project; b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. The Property Interests described and depicted in Exhibits “A”, are necessary for the purposes of construction, operation, and maintenance of the proposed Project; d. Prior to making the above findings and determinations, the offer required by §7267.2 of the California Government Code was made to the owner(s) of record of the Property Interests described and depicted in Exhibits “A”. 7) The City Attorney, through the City Attorney’s Office, is hereby authorized and directed to prepare, commence, and prosecute proceedings in eminent domain in the Yolo County Superior Court to acquire for the City of West Sacramento the Property Interests described and depicted in Exhibits “A”. The City Attorney is further authorized to take all steps necessary to obtain such orders for immediate possession of the Property Interests as may be required for the Project.
8) The City Manager, or designee, is hereby authorized and directed to disburse all funds required by the City Attorney to make any and all deposits to obtain possession of and title to the Property Interests, including, but not limited to, deposit of the probable amount of compensation pursuant to California Code of Civil Procedure section 1255.010, et seq.
PASSED AND ADOPTED by the City Council of the City of West Sacramento this 19tht day of November 2025, by the following vote:
AYES:
NOES:
ABSENT:
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Resolution 25-116
November 19, 2025
Martha Guerrero, City Mayor
ATTEST:
Jennifer Cusmir, City Clerk
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December 1, 2024
Trenton Fong, et all.
6440 Havenside Drive
Sacramento, CA 95831
SUBJECT: OFFER TO ACQUIRE PROPERTY RIGHTS
320 2
nd Street, West Sacramento, CA 95605
APN: 010-371-007 & 010-371-008
Dear Property Owners:
The City of Sacramento, in cooperation with the City of West Sacramento, is proposing to construct a new bridge over the Sacramento River to replace the vehicle crossing that is currently the existing I Street Bridge (the "Project"). The new connection will help reduce traffic congestion, improve operations and safety, and serve multiple modes of transportation.
The City obtained a preliminary title report that lists W. Fong Yue, also known as Fong Yue Po, Yue Po Fong, W. Fong, Fong Yue and Wong Yue Shee, as to an undivided 1/2 interest and Holland Fong as Trustee of the Testamentary Trusts created under the Will of Lee Sui Ping, also known as Grace Sui Le, Lee Sui Ping Yue, Lee Sue Ping, Grace Sue Lee Fong, Grace Lee Fong as to an undivided 1/2 interest as the vested owners. The City seeks to acquire a Partial Fee Interest and a 3 year Temporary Construction Easement, which consists of take area 13,792 sq. ft. Partial Fee as described in Exhibit A and depicted on Exhibit A-1 and 660 sq. ft. Temporary Construction Easement as described in Exhibit B and depicted on Exhibit B-1. (the "Property Interests"). Please note, the proposed purchase of a Partial Fee Interest and Temporary Construction Easement will NOT require the purchase of your property and will not require you or your occupants to move/relocate from your property.
No final determination has been made as to the ownership of the Property Interests.
This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Property Interests that the City is seeking to acquire, all parties with such interest must accept this offer.
1110 We�t Capitol Avenue
West Sacramento, CA 95691
(916)617 4�00
www.cityofweslsacramenlo.org
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