Agenda packet — Woodland City Council, April 5, 2022 (part 1 of 3)

City of Woodland
Meeting Agenda
City Council
City Hall
Council Chambers
300 First Street
Woodland, CA 95695
April 5, 2022
6:00 PM

CITY COUNCIL

JOINT REGULAR CITY COUNCIL/WOODLAND FINANCE AUTHORITY MEETING 6:00 PM

A. CALL TO ORDER

B. ROLL CALL

C. PLEDGE OF ALLEGIANCE

D. COMMUNICATIONS - PUBLIC COMMENT

This is an opportunity for the public to speak to the Council on any item other than those listed for public hearing on this agenda. In the event comments are related to an item scheduled on the agenda, speakers may be required to wait to make their comments until that item is considered. In addition to live in person public comment, members of the public may submit their comments prior to 4:00 PM in the following manner: 1) Call (530) 661-5900 and leave a voicemail message no more than three (3) minutes when played. Voicemail messages received will be played during the City Council meeting and read into the record at the appropriate time; or 2) Submit an email to the City Clerk at [email protected]. Email comments submitted to be read into the record shall be no more than three (3) minutes when read aloud.

E. COMMUNICATIONS - COUNCIL/STAFF STATEMENTS AND REQUESTS

This is an opportunity for the Council Members and Staff to make comments and announcements, to express concerns, or to request Council's consideration of any items a Council Member would like to have discussed at a future Council meeting.

1. SUBJECT: Long Range Calendar
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive the Long Range Calendar for informational purposes only.

F. PRESENTATIONS

2. SUBJECT: Pioneer Girls Varsity Soccer Team
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt a Proclamation honoring the Pioneer High School Girls Varsity Soccer team for their recent section championship.

3. SUBJECT: Woodland Joint Unified School District - Mission, Vision, and District Goals
RECOMMENDATION FOR ACTION: Staff recommends that the City Council

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receive a presentation from Woodland Joint Unified School District Board President Jake Whitaker and Superintendent Elodia Ortega-Lampkin on the District's recently updated mission, vision, and district goals.

4. SUBJECT: Freshman Leadership Academy
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive a presentation on the Freshman Leadership Academy from Antonio Morales, ASSETs Site Coordinator at Woodland High School.

G. CONSENT CALENDAR

5. SUBJECT: Proclaim April as Child Abuse Prevention Month RECOMMENDATION FOR ACTION: Staff recommends that the City Council recognize April 2022 as Child Abuse Prevention Month.

6. SUBJECT: City Council Meeting Minutes of March 1, 2022 and March 15, 2022 RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of March 1, 2022 and March 15, 2022.

7. SUBJECT: Sustainability Advisory Committee Meeting Minutes for February 2022
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive minutes for the February 16, 2022 meetings of the Sustainability Advisory Committee.

8. SUBJECT: Parks & Recreation Commission Meeting Minutes of January 24, 2022
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive January 24, 2022, Parks & Recreation Commission Meeting Minutes.

9. SUBJECT: Public Works Quarterly Status Report
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive a presentation and accept the Public Works Quarterly Status Report for the period of December 2021 through February 2022.

10. SUBJECT: Agreement with Woodland Haven Child Care Center RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to enter into an agreement to provide funding through a forgivable loan for Woodland Haven Child Care Center, and appropriating $775,000 in General Fund reserve balances.

11. SUBJECT: Award Construction Contract and Construction Inspection Consultant Agreement for the Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06
RECOMMENDATION FOR ACTION: Staff recommends that the City Council

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adopt Resolution No. _____, to:

1. Appropriate $3,485,000 in the Storm Drain Fund (221) to the Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06; and

2. Approve the Agreement Between the County of Yolo and the City of Woodland Regarding Storm Drainage Services Provided Pursuant to Agreement No. 71-518 for the Yolo Bypass West Levee Culvert Replacement Project; and

3. Award a construction contract in the amount of $2,697,320 to T&S Construction, Inc. for the Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06, and authorize a contract contingency of up to 15% ($404,598), and

4. Approve a consultant agreement for construction inspection services with WSP USA, Inc. for an amount up to $165,000, authorize a contingency of up to 10% ($16,500), and authorize the City Manager to execute the agreement; and

5. Approve a consultant agreement for environmental services with Environmental Science Associates for an amount up to $77,877, authorize a contingency of up to 10% ($7,787), and authorize the City Manager to execute the agreement; and

6. Authorize the City Manager to execute the Memorandum of Understanding with Yoche Dehe Wintun Nation for tribal monitors for the Project.

12. SUBJECT: Final Acceptance and Notice of Completion of Public Improvements for Subdivision Final Map 5106, Spring Lake Central 3 and Spring Lake Backbone Infrastructure Project Entitled Parkland Avenue Extension
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, a Resolution of the City Council of the City of Woodland Accepting the Public Improvements for Subdivision Final Map 5106 Spring Lake Central 3.

13. SUBJECT: Maintenance Agreement with the State Department of Transportation for the Sports Park Drive Pedestrian Overcrossing RECOMMENDATION FOR ACTION: Staff recommends City Council adopt resolution No. _____, authorizing the Mayor to Execute the Maintenance Agreement with the State Department of Transportation for the Sports Park Drive Pedestrian Overcrossing Project, CIP 17-22.

14. SUBJECT: Additional Appropriation for Permanent Supportive Housing Project, Phase 2 Site Infrastructure – CIP 19-22
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, (1) approving an additional appropriation of $330,000 from the Homeless Housing Fund (331) to the Permanent Supportive Housing Project, Phase 2 Site Infrastructure – CIP 19-22 based on funds provided by Friends of the Mission which will increase the budget for CIP 19-22 from $3,753,972 to $4,083,972; and (2) approving total contract contingencies of up to $1,047,136 for a total contract authorization amount of $3,371,636 and (3) approving amendment #1 to the construction management and inspection agreement with Unico Engineering in the amount of $50,000.

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15. SUBJECT: Electrify Yolo Project Budget Appropriation RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. ____, authorizing appropriation of funds to the Environmental Compliance Fund (365) to implement the Electrify Yolo Project.

16. SUBJECT: Installment Sale Agreement and Grant Water Recycling Construction Financing for the Spring Lake Recycled Water Project (CIP #17- 07)
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to sign the Clean Water/Water Recycling Funding Program, California State Water Resources Control Board (SWRCB) Installment Sale Agreement and Grant Spring Lake Recycled Water Project, Project No. C-06-8384-110, Agreement No.

D2101047.

17. SUBJECT: Velocity Island Park - Fifth Amendment to Ground Lease RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute the Fifth Amendment to the Ground Lease with Love Ride Inc. for the Velocity Island Park facility.

H. PUBLIC HEARINGS - 7:00 PM

18. SUBJECT: Final District Map for Adoption
RECOMMENDATION FOR ACTION: Staff recommends that the City Council:
1) Hold a public hearing and receive public input on Final District Map; and 2) Adopt Ordinance No. 1683, an Ordinance of the City Council of the City of Woodland Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirming Such Revised Council District Boundaries, as Reflected in the Attached Map.

I. REPORTS OF THE CITY MANAGER

19. SUBJECT: Grant Agreement - Boys and Girls Club
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to enter into a Grant Agreement to provide City funding for a Woodland Branch of the Boys and Girls Club contingent on approval of matching funding from Yolo County and appropriating $1,400,000 in General Fund reserve balances.

20. SUBJECT: City of Woodland Weed Abatement Program
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive an update on weed abatement and vegetation management procedures for the upcoming fire season.

21. SUBJECT: Safe Firearms Storage Ordinance
RECOMMENDATION FOR ACTION: Staff recommends that the City Council

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introduce by title only and waive first reading of Ordinance No. _____, An Ordinance of the City Council of the City of Woodland, adding California Chapter 9.64, "Safe Firearm Storage," to Title 9 of the Woodland Municipal Code.

22. SUBJECT: Boards and Commissions Application Period RECOMMENDATION FOR ACTION: Staff recommends that the City Council:
1) Acknowledge the Board and Commission Recruitment Period from April 1, 2022 through May 13, 2022; and
2) Direct staff to abolish the Board of Building Appeals; and 3) Initiate a conversation on other areas of streamlining and effective use of commissions as discussed at the Council Retreat.

23. SUBJECT: Fiscal Year 2022/23 Spring Budget Workshop RECOMMENDATION FOR ACTION: Staff recommends that the City Council conduct a workshop to receive an update from staff on the development of the City's Fiscal Year 2022/23 Budget.

J. ADJOURN
I declare under penalty of perjury that the foregoing Agenda for the Joint Regular City Council/Woodland Finance Authority Meeting of the City of Woodland scheduled for Tuesday, April 5, 2022 was posted on Friday, April 1, 2022 in the outside display case at City Hall, 300 First Street, Woodland, CA, and was available to the public during normal business hours.

Upon request, agendas and documents in the agenda packet will be made available in appropriate alternative formats to persons with a disability, as required by law. Any such requests must be made in writing to the Office of the City Clerk of the City of Woodland.

Requests will be valid for the calendar year in which the request is received, and must be renewed prior to January 1st.

Persons needing disability-related modifications or accommodations in order to participate in public meetings, including persons requiring auxiliary aids or services, may request such modifications or accommodations by calling the Office of the City Clerk (530-661-5806) at least 48 hours prior to the meeting.

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: E.1
SUBJECT: Long Range Calendar

Recommendation for Action: Staff recommends that the City Council receive the Long Range Calendar for informational purposes only.

Staff Contact:

Ana B. Gonzalez, City Clerk, (530) 661-5806, [email protected] Background:

This calendar is being provided for planning purposes only and is intended to keep the Council apprised of upcoming agenda items and plan for upcoming Council items.

Attachments:

1. Council Long Range Calendar

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UPDATED COUNCIL LONG RANGE CALENDAR
APRIL 19TH REGULAR MEETING
Big Day of Giving – May 5, 2022
Safe Firearms Storage Ordinance – 2nd Reading
2022 Spring Lake Parks Project, CIP 20-03; Approve Plans and Specifications and Authorize Bidding Second Aquatic Complex Project Update – Approve Design Consultant – CIP 19-18 Woodland Hotel Business Imrpovement District – Resolution of Intention Public Hearing - Military Equipment Use Policy – 1st Reading Update on City Logo Process
MAY 3RD C A N C E L L E D REGULAR MEETING
CAP TO CAP – APRIL 30TH – MAY 4TH
MAY 10TH SPECIAL MEETING
City Council Meeting Minutes for April 5, 2022 and April 19, 2022 Mosquito Vector Control Annual Update
Amendment to Chapter 17.110 of City’s Zoning Ordinance related to Commercial Cannabis Retail Use in the City of Woodland and Amendment to Chapter 5.28 of Municipal Code related to Cannabis Business Permits
Measure E / F & J / R Spending Plans
MAY 17TH REGULAR MEETING
Military Equipment Use Policy – 2nd Reading
Woodland Research Technology Park – EIR Specific Plan Adoption Outdoor Dining Parklet - Temporary Ordinance
Future Topics / Study Sessions:

Waste Management Residential Smart Truck (TBD)
Rule 20A Undergrounding District (TBD)
Comprehensive Zoning Update (Summer/Fall 2022)

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: F.2
SUBJECT: Pioneer Girls Varsity Soccer Team

Recommendation for Action: Staff recommends that the City Council adopt a Proclamation honoring the Pioneer High School Girls Varsity Soccer team for their recent section championship.

Staff Contact:

Spencer Bowen, Communications Manager & Policy Analyst | [email protected]

Background:

In February, the Pioneer High School girls varsity soccer team won the CIF Sac Joaquin Section Division 4 Championship in a penalty shootout over Kimball.

Discussion:

Given Woodland's long affinity for youth sports and the particular accomplishments of this team, staff thought it worthy of a proclamation upon City Council's return to in-person meetings.

Staff also prepared a brief summary of other local high school athletics accomplishments so far this year:

Woodland High School
Football: second round of playoffs, first time in more than a decade Girls Volleyball: League champs
Boys Soccer: League champs
Woodland Christian
Football - League Champs
Girls Volleyball - League Champs
Girls Basketball - League Champs, qualified for State
Boys & Girls Soccer - both given a first round playoff bid for "competing up" in the D3 GEL (as a D6 school)
Pioneer
Football: Co-League Champs
Cross Country Girls: League champs
Boys Basketball: League Champs
Conclusion:

Staff recommends that the City Council adopt a Proclamation honoring the Pioneer High School Girls Varsity Soccer team for their recent section championship.

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Attachments:

1. PioneerHSVarsityGirlsSoccerProclamantion4.5.22

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CITY OF WOODLAND

PROCLAMATION HONORING

PIONEER HIGH SCHOOL GIRLS VARSITY SOCCER
WHEREAS, Woodland has a long tradition of and strong passion for supporting youth sports in our community; and WHEREAS, Woodland Joint Unified School District’s athletics programs have supported the development and success of thousands of young student-athletes; and
WHEREAS, the Pioneer Patriots girls varsity soccer team won the CIF Division 4 Section Championship in a shootout over Kimball in February 2022; and
WHEREAS, the team went undefeated in the Golden Empire League and won fourteen games in a row; and WHEREAS, the team brought great pride to their friends, families, and all Woodlanders with their historic season and Section Championship.

NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, hereby asks all residents to join us in proudly honoring and celebrating the Pioneer girls varsity soccer team for their profound accomplishments and commitment to excellence.

DATED: April 5, 2022
Mayra Vega, Mayor
Vicky Fernandez, Mayor Pro Tempore Tom Stallard, Council Member

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Tania Garcia-Cadena, Council Member Rich Lansburgh, Council Member

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: F.3
SUBJECT: Woodland Joint Unified School District - Mission, Vision, and District Goals

Recommendation for Action: Staff recommends that the City Council receive a presentation from Woodland Joint Unified School District Board President Jake Whitaker and Superintendent Elodia Ortega-Lampkin on the District's recently updated mission, vision, and district goals.

Attachments:

None

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: F.4
SUBJECT: Freshman Leadership Academy

RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive a presentation on the Freshman Leadership Academy from Antonio Morales, ASSETs Site Coordinator at Woodland High School.

Attachments:

None

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.5
SUBJECT: Proclaim April as Child Abuse Prevention Month

Recommendation for Action: Staff recommends that the City Council recognize April 2022 as Child Abuse Prevention Month.

Staff Contact
Ana B. Gonzalez, City Clerk, (530) 661-5806, [email protected] Background
At the request of the Yolo County Children's Alliance, the Woodland City Council is being asked to consider adopting a proclamation recognizing April 2022 as Child Abuse Prevention Month and promoting the new campaign "Building Youth Resilience." Building Youth Resilience provides resources for youth and their parents/caregivers to promote resilience, self-care and personal growth.

Attachments:

1. Proclamation

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CITY OF WOODLAND

CHILD ABUSE PREVENTION MONTH PROCLAMATION
APRIL 2022
WHEREAS, child abuse and neglect continue to pose serious threats to our nation’s children; and WHEREAS, Adverse Childhood Experiences (ACEs), such as physical, emotional, and sexual abuse, neglect, and parental stress or illness, can have short- and long-term outcomes, including a multitude of health and social problems; and early evidence-based prevention and intervention efforts are less costly than trying to fix the adverse effects of child maltreatment, both in human and financial terms; and WHEREAS, at the start of the pandemic, children had decreased access to mandated reporters, such as teachers and medical providers. Thus, it is important to note that even more children in Woodland may have experienced abuse and/or neglect in 2020; and WHEREAS, preventing child abuse and neglect is a community issue, and we all have a responsibility to nurture and protect our children and help ensure they become healthy and productive adults. Woodland is fortunate to have people and organizations who work to bring awareness to this issue and who help children and families dealing with abuse and neglect. Community-based prevention services can strengthen families and reduce the likelihood of child abuse and neglect; and
WHEREAS, the Yolo County Children’s Alliance (YCCA) was founded as the Child Abuse Prevention Council (CAPC) of Yolo County in 2002 and for the past 20 years, has continued to coordinate county efforts to prevent and respond to child abuse and neglect. Yolo County’s child abuse prevention efforts are fostered by the contributions of the following agencies and organizations: CommuniCare Health Centers, Empower Yolo, First 5 Yolo, West Sacramento Police Department, Yolo County CASA, Yolo County District Attorney’s Office- Multi-Disciplinary Interview Center, Yolo County HHSA, Yolo County Office of Education, and Yolo County Probation; and
WHEREAS, prevention can only be accomplished if we, both as a City and a County, take responsibility to offer parents and families the support and tools they need to provide healthy, nurturing homes for their children.; and WHEREAS, Woodland residents are encouraged to support child abuse prevention activities in their communities by joining the new CAPC campaign Building Youth Resilience, which engaged and empowered youth to directly inform the process of curating a resource guide. Building Youth Resilience provides resources for youth and their parents/caregivers to promote resilience, self-care and personal growth; and NOW, THEREFORE BE IT PROCLAIMED that the City Council of the City of Woodland does hereby recognize the month of April 2022 to be “Child Abuse Prevention Month”.

Dated: April 5, 2022
Mayra Vega, Mayor
Vicky Fernandez, Mayor Pro Tem Tania Garcia-Cadena, Council Member Rich Lansburgh, Council Member Tom Stallard, Council Member

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.6
SUBJECT: City Council Meeting Minutes of March 1, 2022 and March 15, 2022

Recommendation for Action: Staff recommends that the City Council adopt the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of March 1, 2022 and March 15, 2022 Staff Contact:

Ana B. Gonzalez, City Clerk, (530) 661-5806, [email protected]

Attachments:

1. 03.01.2022 CC DRAFT Mins

2. 03.15.2022 CC DRAFT Mins

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City of Woodland Page 1 of 7
City of Woodland
City Hall
Council Chambers
300 First Street
Woodland, CA 95695
Regular Meeting Minutes
Tuesday, March 1, 2022
6:00 PM
City Council

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City of Woodland Page 2 of 7

CITY COUNCIL

PLEASE NOTE: The March 1, 2022 Woodland City Council meeting will be conducted pursuant to Government Code section 54953(e), which allows the City to hold meetings via teleconference during a proclaimed state of emergency, when state or local officials have imposed or recommended measures to promote social distancing.

The meeting will be held via teleconference and Council members and the public will participate via teleconference. Those locations are not listed on the agenda and are not accessible to the public. The public is encouraged to listen to the City Council meeting live on Woodland TV Channel 20 and also by going to the City of Woodland web site at www.cityofwoodland.org/meetings.

If you wish to make a comment during general Public Comment or on a specific agenda item, there are three (3) ways to do that. 1) Join the Zoom City Council meeting remotely by either logging onto the Zoom link located on the meeting agenda (please download the app to your computer or mobile device) and enter the Meeting ID or by calling a listed number and enter the Meeting ID; 2) Leave a voice mail message at (530) 661-5900, press Option 1. All voice mail messages received by 6:00 p.m. will be played during the City Council meeting and read into the record at the appropriate time; 3) If you are watching the live stream and wish to make a comment on an item as it is being heard, you may submit an email to the City Clerk at [email protected] prior to Public Comment on that item. Email comments submitted to be read into the record shall be no more than three (3) minutes when read aloud. Please include the agenda item in the subject line.

Please click on the link below to join the public comment portion of the meeting:
https://zoom.us/j/99759026181

Or Phone: US: +16699006833,,99759026181#

Or Telephone: Dial: US : +1 669 900 6833
Meeting ID: 997 5902 6181

CLOSED SESSION
5:30 PM

A. CALL TO ORDER

B. CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNCIL - Anticipated Litigation Significant exposure to litigation pursuant to Sec. 54956.9(b) (one case)

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JOINT REGULAR CITY COUNCIL/WOODLAND FINANCE AUTHORITY MEETING 6:00 PM

C. CALL TO ORDER
Meeting called to order at 6:00 PM.

D. ROLL CALL

All Council Members present via roll call.

Present: Members Fernandez, Garcia-Cadena, Lansburgh, Stallard and Mayor Vega

Absent: None

E. PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Council Member Stallard.

F. COMMUNICATIONS - PUBLIC COMMENT

This is an opportunity for the public to speak to the Council on any item other than those listed for public hearing on this agenda. Speakers are requested to use the microphone in front of the Council and to begin by stating their name, whether they reside in Woodland and the name of the organization they represent if any. The Mayor may impose a time limit on any speaker depending on the number of people wanting to speak and time available for the rest of the agenda. In the event comments are related to an item scheduled on the agenda, speakers may be required to wait to make their comments until that item is considered.

Received e-mail from Communicate Ccib regarding Speed Limit Removal.

G. COMMUNICATIONS - COUNCIL/STAFF STATEMENTS AND REQUESTS

Verbal updates provided by Council Members/Staff.

2. SUBJECT: Long Range Calendar
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive the Long Range Calendar for informational purposes only.

H. CONSENT CALENDAR

3. SUBJECT: City Council Meeting Minutes of February 1, 2022 and February 15, 2022
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of February 1, 2022 and February 15, 2022.

Adopted the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of February 1, 2022 and February 15, 2022.

4. SUBJECT: March 2022 Women's History Month
RECOMMENDATION FOR ACTION: Staff recommends that the City Council

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proclaim March 2022 as Women’s History Month, themed “Women Providing Healing, Promoting Hope”.

Proclaimed March 2022 as Women’s History Month, themed “Women Providing Healing, Promoting Hope”.

5. SUBJECT: Designation of March 12, 2022 as Arbor Day RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, designating March 12, 2022 as Arbor Day in the City of Woodland.

Adopted RESOLUTION NO. 7854, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND DESIGNATING MARCH 12, 2022 AS ARBOR DAY IN THE CITY OF WOODLAND.

6. SUBJECT: Findings and Determinations under AB 361 for the Continuation of Virtual Meetings
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, making findings and determinations under AB 361 for the continuation of virtual meetings.

Adopted RESOLUTION NO. 7855, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS.

7. SUBJECT: Final Subdivision Map 4856, Prudler Phase 1 and Final Subdivision Map 5121, Prudler Phase 2, and associated Subdivision Improvement Agreement
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, to: 1) Approve Final Subdivision Map 4856, Prudler Phase 1, and Final Subdivision Map 5121, Prudler Phase 2; and 2) Approve the related Subdivision Improvement Agreement and authorize City Manager to sign on behalf of the City; and 3) Authorize the City Manager to approve amendments to the Subdivision Improvement Agreement for the extension of time.

Adopted RESOLUTION NO. 7856, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING FINAL MAPS 4856 AND 5121 AND A SUBDIVISION

IMPROVEMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA AND AG ESSENTIAL HOUSING CA 1, L.P. FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS.

8. SUBJECT: 2020 Homeland Security Grant Budget Appropriation RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to appropriate $45,805 to the Other Federal Grants Fund (330) for the purchase of Self- Contained Breathing Apparatus cylinders as awarded under the 2020 Homeland Security Grant Program.

Adopted RESOLUTION NO. 7857, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND AUTHORIZING THE APPROPRIATION OF $45,805 TO THE OTHER FEDERAL GRANTS FUND (330) FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS CYLINDERS AS AWARDED UNDER THE 2020 HOMELAND SECRUITY GRANT PROGRAM.

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9. SUBJECT: Woodland Fire Department Annual Inspection Compliance Report RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, acknowledging the City of Woodland Fire Department's Compliance with 13146.2 and 13146.3 of the California Health and Safety Code.

Adopted RESOLUTION NO. 7858, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND ACKNOWLEDGING THE CITY OF WOODLAND FIRE DEPARTMENT’S COMPLIANCE WITH SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

10. SUBJECT: Second Reading and Adoption of Personal Cultivation of Cannabis Ordinance
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Ordinance No. 1682, An Ordinance of the City Council of the City of Woodland, California Amending Section 17.108.070 of the Woodland Municipal Code to Change the Penalty Provisions for Violations of Chapter 17.108 Regarding Personal Cultivation of Cannabis.

Adopted ORDINANCE NO. 1682, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA AMENDING SECTION 17.108.070 OF THE WOODLAND

MUNICIPAL CODE TO CHANGE THE PENALTY PROVISIONS FOR VIOLATIONS OF CHAPTER 17.108 REGARDING PERSONAL CULTIVATION OF CANNABIS.

11. SUBJECT: Contract with Mark Thomas for Caltrans Project Report for SR 113/CR 25A Ultimate Interchange Improvement Project, CIP #21-14 RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, 1) Create a new capital project, SR 113/CR 25A Ultimate Interchange Improvement Project, CIPImprovement Project, CIP #21- 14; 2) Appropriate $300,000 from the Road Development Fund (582) to the SR 113/CR 25A Ultimate Interchange Improvement Project, CIP 21-14; 3) Authorize the City Manager to execute a consultant agreement with Mark Thomas in the amount of $235,136 for preparation of a Caltrans Project Report for the SR 113/CR 25A Ultimate Interchange Improvement Project, CIP #21-14.

Adopted RESOLUTION NO. 7859, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND APPROVING THE MARK THOMAS CONSULTANT AGREEMENT FOR

PROFESSIONAL ENGINEERING SERVICES (CALTRANS PROJECT REPORT) FOR THE SR113/CR25A ULTIMATE INTERCHANGE IMPROVEMENT PROJECT (CIP 21-14).

12. SUBJECT: Revised City Council Resolution for State Homekey Application (Permanent Supportive Housing Project)

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, approving the submittal of a State Homekey grant application for up to $16,000,000 to support the purchase of modular housing units for the 61-unit Permanent Supportive Housing project at the East Beamer Way development site.

Adopted RESOLUTION NO. 7860, A RESOLUTION OF THE GOVERNING BODY OF THE

CITY OF WOODLAND AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY PROGRAM.

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13. SUBJECT: Contract Amendment with Lisa Wise Consulting for the Comprehensive Zoning Code Update
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, to; (a) reallocate $79,700 of funding from the Local Early Action Planning (LEAP) State Planning Grants Program (CIP #21- 08) to the Comprehensive Zonign Code Update Project (CIP #07-07)- Fund 325; (b) re-allocate $65,000 of Regional Early Action Planning (REAP) grant funding from the Cost Recoverty Fee Analysis project (CIP #22-11) to the Comprehensive Zoning Code Update Project (CIP #07-07);(c) authorize the City Manager to execute an Agreement withthe State Department of Housing and Community Development for the LEAP Planning Grant Program amended grant allocation; and (d) authorize the City Manager to execute Contract Amendment No. 3 with Lisa Wise Consulting, Inc. (LWC) for Planning Services for the Comprehensive Zoning Code Update, authorizing an additional $130,830 in funding for a total contract amount of $525,600.

Adopted RESOLUTION NO. 7861, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND TO REALLOCATE FUNDS IN SUPPORT OF THE COMPREHENSIVE ZONING CODE UPDATE PROJECT (CIP# 07-07), AND APPROVE THE THIRD

AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES FOR LISA WISE CONSULTANTS, INC.

14. SUBJECT: Award Construction Contract and Construction Inspection Consultant Agreement for the 2022 Water & Sewer Repair & Replacement Project, CIP #21-01
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, to: (1) Approve the reallocation of $200,000 of Sewer Enterprise Funds from Replacement of Orangeburg Sewer Laterals, CIP 14-03, to the 2022 Water & Sewer Repair & Replacement Project, CIP 21-01; (2) Award a construction contract in the amount of $3,742,116 to Argonaut Constructors for the 2022 Water & Sewer Repair & Replacement Project (CIP 21-01) and authorize a contract contingency of up to 10% ($374,212), and (3) Approve a consultant agreement for construction inspection services with UNICO Engineering in an amount up to $194,247.24, authorize a contingency of up to 10% ($19,425), and authorize the City Manager to execute the agreement.

Adopted RESOLUTION NO. 7862, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND APPROVING A CONSTRUCTION CONTRACT WITH ARGONAUT

CONSTRUCTORS AND APPROVING A CONSULTANT AGREEMENT WITH UNICO ENGINEERING FOR CONSTRUCTION INSPECTION FOR CIP 21-01, THE 2022 WATER AND SEWER REPAIR AND REPLACEMENT PROJECT.

On a motion by Council Member Stallard, seconded by Mayor Pro Tem Fernandez and carried unanimously on a 5-0 roll call vote, Council Members approved Consent Calendar Items No. 3 through 14.

AYES: Members Fernandez, Garcia-Cadena, Lansburgh, Stallard and Mayor Vega NOES: None

I. REPORTS OF THE CITY MANAGER

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City of Woodland Page 7 of 7

15. SUBJECT: Fiscal Year 2021/22 Mid-Year Budget Update RECOMMENDATION FOR ACTION: Staff recommends the City Council receive a mid-year update on the Fiscal Year 2021/22 Budget.

Received a mid-year update from Finance Officer Evis Morales on the Fiscal Year 2021/22 Budget.

16. SUBJECT: Fiscal Year 2021/22 Mid-Year Budget Adjustments RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing amendments to the Fiscal Year 2021/22 Budget Totaling $6,141,756 and authorizing amendments to authorized positions as outlined in Exhibit B.

On a motion by Council Member Stallard, seconded by Council Member Garcia-Cadena and carried unanimously on a 5-0 roll call vote, Council Members adopted RESOLUTION NO. 7863, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING AMENDMENTS TO THE FISCAL YEAR 2021-2022 ANNUAL BUDGET.

AYES: Members Fernandez, Garcia-Cadena, Lansburgh, Stallard and Mayor Vega NOES: None

J. ADJOURN

Meeting adjourned at 6:49 PM in memory of Joyce Teel, Marcelina Sandoval and Greg Gomez.

Respectfully submitted,
Ana B. Gonzalez, City Clerk

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City of Woodland Page 1 of 5
City of Woodland
City Hall
Council Chambers
300 First Street
Woodland, CA 95695
Regular Meeting Minutes
Tuesday, March 15, 2022
6:00 PM
City Council

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City of Woodland Page 2 of 5

CITY COUNCIL

PLEASE NOTE: The March 15, 2022 Woodland City Council meeting will be conducted pursuant to Government Code section 54953(e), which allows the City to hold meetings via teleconference during a proclaimed state of emergency, when state or local officials have imposed or recommended measures to promote social distancing.

Please click on the link below to join the public comment portion of the meeting:
https://zoom.us/j/99759026181

Or Phone: US: +16699006833,,99759026181#

Or Telephone: Dial: US : +1 669 900 6833
Meeting ID: 997 5902 6181

JOINT REGULAR CITY COUNCIL/WOODLAND FINANCE AUTHORITY MEETING 6:00 PM

A. CALL TO ORDER
Meeting called to order at 6:00 PM.

B. ROLL CALL

All Council Members present via roll call.

Present: Members Fernandez, Garcia-Cadena, Lansburgh, Stallard and Mayor Vega

Absent: None

C. PLEDGE OF ALLEGIANCE

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City of Woodland Page 3 of 5
Pledge of Allegiance led by Council Member Garcia-Cadena.

D. COMMUNICATIONS - PUBLIC COMMENT

None.

E. COMMUNICATIONS - COUNCIL/STAFF STATEMENTS AND REQUESTS

Verbal updates provided by Council Members/Staff.

1. SUBJECT: Long Range Calendar
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive the Long Range Calendar for informational purposes only.

F. CONSENT CALENDAR

2. SUBJECT: Sustainability Advisory Committee Meeting Minutes for November 2021 and January 2022
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive minutes for the November 17, 2021 and January 19, 2022 meetings of the Sustainability Advisory Committee.

Received the minutes for the November 17, 2021 and January 19, 2022 meetings of the Sustainability Advisory Committee.

3. SUBJECT: Revision to Loan Term for 310 West Main Street Affordable Housing Project

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, approving a 55-year residual receipts loan to the Chelsea Investment Corporation (“Chelsea”) in the amount of $500,000 with three percent (3%) simple interest for Chelsea’s 72-unit multifamily affordable rental project at 310 West Main Street.

Adopted RESOLUTION NO. 7864, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING A $500,000 LOAN FROM THE AFFORDBLE HOUSING IN-

LIEU FEES FUND TO ASSIST CHELSEA INVESTMENT CORPORATION WITH THE CONSTRUCTION OF A 72-UNIT MULTIFAMILY PROJECT AT 310 WEST MAIN STREET.

4. SUBJECT: Commitment for Conveyance of Treatment Facility Property at East Beamer Way Development to Friends of the Mission

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, approving a commitment to convey ownership of

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City of Woodland Page 4 of 5
the treatment facility property at the East Beamer Way Development to Friends of Mission prior to construction of the facility and any necessary infrastructure.

Adopted RESOLUTION NO. 7865, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND APPROVING A COMMITMENT TO SELL AND CONVEY OWNERSHIP OF

THE TREATMENT FACILITY PROPERTY LOCATED AT THE EAST BEAMER

DEVELOPMENT TO FRIENDS OF THE MISSION PRIOR TO CONSTRUCTION OF THE NEW TREATMENT FACILITY.

5. SUBJECT: Third Amendment to Sports Park Concession Stand Lease Agreement with Las Brasas Express, LLC
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute a Third Amendment to the Amended and Restated Lease Agreement between City of Woodland and Las Brasas Express, LLC for the Operation of the Woodland Sports Park Concession Stand.

Adopted RESOLUTION NO. 7866, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD

AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE

CITY AND LAS BRASAS EXPRESS, LLC FOR OPERATION OF THE WOODLAND SPORTS PARK CONCESSION STAND.

On a motion by Council Member Lansburgh, seconded by Mayor Pro Tem Fernandez and carried unanimously on a 5-0 roll call vote, Council Members approved Consent Calendar Items No. 2 through 5.

AYES: Members Fernandez, Garcia-Cadena, Lansburgh, Stallard and Mayor Vega NOES: None

G. PUBLIC HEARING - 6:30 PM

6. SUBJECT: Redistricting Map Approval
RECOMMENDATION FOR ACTION: Staff recommends that the City Council:
1) Hold a public hearing and receive public input on the Advisory Redistricting Commission's recommended 2022 City Council District Map; and 2) Introduce by title only and waive the first reading of Ordinance No. _____, an Ordinance of the City Council of the City of Woodland Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirming Such Revised Council District Boundaries, as Reflected in the Attached Map.

Council Members held a public hearing and receive public input on the Advisory Redistricting Commission's recommended 2022 City Council District Map; and introduced by title only and waived the first reading of an Ordinance of the City Council of the City of Woodland Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirming Such Revised Council District Boundaries, as Reflected in the Attached Map.

A motion was made by Council Member Fernandez to substitute the attached map with Map No. 11. The motion was seconded by Council Member Lansburgh.

A substitute motion was made by Council Member Stallard to accept the

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City of Woodland Page 5 of 5
recommendation of the Advisory Redistricting Commission to approve the map recommended to the City Council. No second on the motion.

On a motion by Council Member Fernandez, seconded by Council Member Lansburgh and carried unanimously on a 5-0 roll call vote, Council Members introduced by title only and waived the first reading of Ordinance No. _____, an Ordinance of the City Council of the City of Woodland Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirming Such Revised Council District Boundaries, as Reflected in Map No. 11.

AYES: Members Fernandez, Garcia-Cadena, Lansburgh, Stallard and Mayor Vega NOES: None

H. REPORTS OF THE CITY MANAGER

7. SUBJECT: 2021/22 Council Goals and Strategic Plan Updates RECOMMENDATION: Staff recommends that the City Council review and affirm updates to its Priority Goals and Strategic Actions for 2021-22.

On a motion by Council Member Stallard, seconded by Council Member Garcia-Cadena and carried unanimously on a 5-0 roll call vote, Council Members reviewed and affirmed updates to its Priority Goals and Strategic Actions for 2021-22.

AYES: Members Fernandez, Garcia-Cadena, Lansburgh, Stallard and Mayor Vega NOES: None

8. SUBJECT: American Rescue Plan (ARP) Update

RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive an update on the City’s American Rescue Plan (ARP) Act spending plan and provide feedback and direction to staff on the proposed allocation of the City’s ARP funding.

Received an update from City Manager Ken Hiatt on the City’s American Rescue Plan (ARP) Act spending plan and provided feedback and direction to staff on the proposed allocation of the City’s ARP funding.

I. ADJOURN

Meeting adjourned at 8:10 PM.

Respectfully submitted,
Ana B. Gonzalez, City Clerk

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.7
SUBJECT: Sustainability Advisory Committee Meeting Minutes for February 2022

Recommendation for Action: Staff recommends that the City Council receive minutes for the February 16, 2022 meetings of the Sustainability Advisory Committee.

Staff Contact:

Rosie Ledesma, Environmental Resource Analyst, (530) 661-2059, [email protected] Discussion:

This staff report transmits minutes for the February 16, 2022 meeting. Items of note in these minutes include:
Item 8: Retreat Debrief
Several members discussed their conversations with Council at the February 12 retreat and their concerns and suggestions for prioritizing sustainability within the City. Many of the concerns about the Climate Action Plan goal progression stemmed from Environmental Services staffing issues, which the City is working on and has made progress by hiring an additional Conservation Coordinator. Members are hoping for additional involvement with the Council through periodic attendance at a SAC meeting or through a separate work study session, or the like.

Staff also provided an update on the Climate Safe California Campaign and asked the Committee to provide an analysis of the campaign that will later be presented to Council along with the endorsement for their consideration. One of the work groups will evaluate and bring it back to a future SAC meeting for review.

Conclusion:

Staff recommends that the City Council receive minutes for the February 16, 2022 meetings of the Sustainability Advisory Committee.

Prepared by: Rosie Ledesma, Environmental Resource Analyst Reviewed by: Brent Meyer, Director of Community Development/ City Engineer

Attachments:

1. SAC Minutes - Feb 2022

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1 SUSTAINABILITY ADVISORY COMMITTEE
MEETING MINUTES - February 16, 2022

1. Call to order
Meeting called to order at 6:06 p.m.

2. Roll call

Present: Mark Aulman, Rolf Frankenbach, Liza Grandia, Allison Martin, Catalina Munoz, Sara Schremmer, Adelita Serena, Robert Ullrey

Absent: Raul Tadle
Staff Present: Rosie Ledesma, Sayetsi Sanchez,
Guests Present: None

3. Authorize Remote Public Meetings as Authorized by AB 361 (Action Item) On a motion by Allison Martin, seconded by Sara Schremmer, and carried on a 8-0 vote, with one absence, committee members approve to authorize remote public meetings.

Ayes: Aulman, Frankenbach, Grandia, Martin, Munoz, Schremmer, Serena, and Ullrey Noes: None
Abstain: None

Absent: Tadle

4. Public comment
There was no public comment.

5. Approve January 19, 2022 meeting minutes (Action Item – 2 minutes) Mark commented on an item in last month’s meeting regarding creating an ad hoc group to look into electrification of landscape equipment from a landscaper’s perspective. Liza, Adelita, and Sara will meet in March to reach out to landscape workers and learn more about their concerns.

On a motion by Mark Aulman, seconded by Rolf Frankenbach and carried on an 8-0 vote, with one absence, committee members approved January’s meeting minutes.

Ayes: Aulman, Frankenbach, Grandia, Martin, Munoz, Schremmer, Serena, and Ullrey Noes: None
Abstain: None

Absent: Tadle

6. Member reports (Information Item)
There were no member reports.

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2 7. Staff reports (Information Item)
Rosie reported that Environmental Services is currently in the process of hiring a Conservation Coordinator. Rosie has also been working on implementation of SB 1383 items such as sending letters to businesses that fall under the Tier 1 Generators classification, a bin giveaway program to assist businesses to comply with SB 1383 and currently has a webpage on the City website that provides information on SB 1383 and includes the waiver for exempt businesses to fill out.

Allison noted that some social media groups on Facebook have questions regarding SB 1383 which could mean that more education is needed for the community. The committee discussed how to best assist if they encounter a similar situation and it has been decided that they can refer the public to the City webpage, provide Environmental Services contact information or tag the Environmental Services social media account if possible.

Sayetsi reported that the City will host a Virtual Water-Wise Landscape in June and to notify her if the committee knows of any landscapes in Woodland that would be a great addition to the tour.

8. Retreat debrief (Informational Item)
Aulman: During the Council’s retreat, Mark mentioned that he brought up to council that staff reports on all important council action items should include a climate impact summary, Environmental Services should re-activate and complete the Climate Action Plan online dashboard, and Woodland needs to address greenhouse gas inventory. Mark also discussed with council that the City should prioritize sustainability and climate-related announcements by working with Woodland Communications Manager, Spencer Bowen, revamp Environmental services website to provide Woodland residents with information on resiliency planning, partner with Valley Clean Energy to promote UltraGreen, and to consider assigning at least one Councilmember to act as a liaison with the Sustainability Advisory Committee.

Martin: Allison mentioned to Council our Climate Action Plan that was published in 2011, and how it may need to be re-evaluated as some of our goals, and laws may have changed since then. During their discussion, Tom Stallard mentioned that in the past, he has attended the committee’s meetings but given the late hour that they run, he no longer attends. Allison suggested the possibility for the committee’s meetings to change their meeting time to an earlier hour for council members to be able to attend. It was also noted that Council acknowledges and appreciates the committee for their work.

Grandia: Liza commented that she brought up to Council the importance of Environmental Services staffing to return to what it used to be, how Committee members should take turns attending council meetings and discussed the importance of youth involvement.

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3 Munoz: Catalina mentioned that we need to monitor the city CAP goals, and the need to bring the dashboard live for the community.

Frankenbach: Rolf commented on the importance for ongoing dialogue with council, potentially on a quarterly basis.

Ledesma: Rosie provided an update on the Climate Safe Campaign item and the next steps in order to bring it to council. A sub-committee should take an in-depth look into the campaign and provide an outline that should include its benefits for the City if we endorse it, and the potential consequences that may occur. The policy group will look into the campaign and bring it back to council as a potential presentation.

9. City Structure Input (Discussion Item)

The committee discussed potential presentations on City structure. Rolf mentioned he wanted to learn more about how sustainability affects each department and what they are doing. Liza commented that she is interested in a chart being made available with information on who is in the department and their contact information. Liza also suggested that a contact list should be made available of the other City committees.

10. SACOG Regional Parks & Trails Network (Discussion Item)

SACOG has a map available that provides the community a list of parks and public spaces.

Currently Woodland is not part of the map. Catalina will look into which work group is responsible bike items and will come back to this at a later time.

https://www.sacog.org/node/3805?fbclid=IwAR1TCHMrHeXHidAMR2i5gR_VCz1IKa0sJ3ngo rQ0qoE9c12hAlg6ou2qOc8

11. Work Group Updates (Information Item)
Frankenbach: Rolf and Mark, continue working on the heat island urban forestry plan to get the City to our canopy goal. The City collected data with a list of primary sites that should be targeted to achieve the canopy goal. Rolf and Mark will visit these sites to see if its achievable.

Martin: Allison updated the committee that there will be a public input meeting to better understand what the community wants to see and what they want our community to look like. This is a time for the public to share their experiences on global environmental issues, opportunities they want to see and to help build a sustainability working network. There will be two meetings, one in-person and one virtual. The in-person meeting will take place on Sunday, May 1 from 1pm-3pm at the Woodland Community Center. The virtual meeting will be on Wednesday, May 4 from 6pm-8pm.

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4 12. Discuss long-range calendar (Information/Action Item) Committee discussed having the City provide a presentation on the tree ordinance update once it is ready and available before they take it to council.

13. Adjourn
On a motion by Allison Martin, seconded by Liza Grandia the meeting adjourned at 7:53pm.

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TO: THE PARKS & RECREATION COMMISSION
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.8
SUBJECT: Parks & Recreation Commission Meeting Minutes of January 24, 2022

Recommendation for Action: Staff recommends that the City Council receive the January 24, 2022, Parks & Recreation Commission Meeting Minutes.

Staff Contact:

Kris Bain, Community Services Program Manager, (530) 661-2002, [email protected] Discussion:

The Parks & Recreation Commission held its last meeting on March 28, 2022. At this meeting, the Parks & Recreation Commission approved the minutes from the January 24, 2022, Parks & Recreation Commission meeting.

Conclusion:

Staff recommends that the City Council receive the January 24, 2022, Parks & Recreation Commission Meeting Minutes.

Prepared by: Kris Bain, Community Services Program Manager

Attachments:

1. Parks & Recreation Commission Minutes January 24, 2022

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City of Woodland Page 1 of 4
City of Woodland
City Hall
Council Chambers
300 First Street
Woodland, CA 95695
Parks & Recreation Commission Meeting –
Monday, January 24, 2022
6:30 PM

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City of Woodland Page 2 of 4

A. PLEASE NOTE: The January 24, 2022 Parks & Recreation Commission will be conducted pursuant to the Governor’s Executive Order N-29-20. The meeting will be held via teleconference and Commission members and the public will participate via teleconference. Those locations are not listed on the agenda and are not accessible to the public. The public is encouraged to listen to the Parks & Recreation Commission meeting live on Woodland TV Channel 20 and also by going to the City of Woodland web site at www.cityofwoodland.org/meetings. If you wish to make a comment during general Public Comment or on a specific agenda item, there are three (3) ways to do that. 1) Join the Zoom Commission meeting remotely by either logging onto the Zoom link located on the meeting agenda (please download the app to your computer or mobile device) and enter the Meeting ID or by calling a listed number and enter the Meeting ID; 2) If you are watching the live stream and wish to make a comment on an item as it is being heard, you may submit an email to Kris Bain at
[email protected] prior to Public Comment on that item. Email comments submitted to be read into the record shall be no more than three (3) minutes when read aloud. Please include the agenda item in the subject line. https://zoom.us/j/97037739346 Or Dial: +1 669 900 6833 Meeting ID: 970 3773 9346

B. CALL TO ORDER

C. ROLL CALL

Council Members Present: Chairperson Rashid Ali, Vice Chairperson Magalean Martin, Commissioner Jon-Paul Valcarenghi, Commissioner Carla White-Snyder, Commissioner Henry Murrieta

Absent:

Excused:

D. PLEDGE OF ALLEGIANCE
Pledge of Allegiance

E. COMMUNICATIONS - PUBLIC COMMENT

F. COMMUNICATIONS - COMMISSION/STAFF STATEMENTS AND REQUESTS

Commissioner Murrieta discussed his concerns about the lights at Crawford Park, vandalism of new restrooms and additional Pickle Ball courts at Beamer Park and the handball court at Ferns Park.

G. PRESENTATION

1. Recognize Junior Tennis Fund of Sacramento
Verbal updates are provided by staff.

H. BUSINESS ITEMS

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City of Woodland Page 3 of 4
I. COMMITTEE REPORTS

2. Standing Committee Report
Facilities Committee
Program & Department Evaluation
Budget & Finance Committee
Urban Forest Committee
Volunteerism Committee
The Urban Forest Committee reported the planting of 60 trees in Regional Park.

No updates at this meeting from the other Committees

J. CONSENT CALENDAR

3. Approve Minutes for November 22, 2021

On a motion by Chairperson Rashid Ali, seconded by Commissioner Carla White- Snyder and carried unanimously on a roll call vote, Commission Members Approve Minutes for November 22, 2021.

Ayes: Chairperson Rashid Ali, Vice Chairperson Magalean Martin, Commissioner Jon- Paul Valcarenghi, Commissioner Carla White-Snyder, Commissioner Henry Murrieta Noes: None

Absent:

K. OTHER BUSINESS

4. Commission Absence Request
No requests at this meeting.

5. Discuss,Review, and Approve the Workplan

On a motion by Commissioner Carla White-Snyder, seconded by Commissioner Jon- Paul Valcarenghi and carried unanimously on a roll call vote, Commission Members Discussed,Reviewed, and Approved 2022 Workplan.

Ayes: Chairperson Rashid Ali, Vice Chairperson Magalean Martin, Commissioner Jon- Paul Valcarenghi, Commissioner Carla White-Snyder, Commissioner Henry Murrieta Noes: None

Absent:

L. REPORT OF THE STAFF

6. Community Services Staff Report for January 24, 2022 Verbal updates are provided by staff.

M. NEXT MEETING

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City of Woodland Page 4 of 4
February 28, 2022

N. ADJOURN

On a motion by Commissioner Henry Murrieta, seconded by Commissioner Carla White- Snyder and carried unanimously on a roll call vote, Commission members adjourned the meeting at 07:19 pm.

Ayes: Chairperson Rashid Ali, Vice Chairperson Magalean Martin, Commissioner Jon- Paul Valcarenghi, Commissioner Carla White-Snyder, Commissioner Henry Murrieta Noes: None

Absent:

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.9
SUBJECT: Public Works Quarterly Status Report

Recommendation for Action: Staff recommends that the City Council receive a presentation and accept the Public Works Quarterly Status Report for the period of December 2021 through February 2022.

Staff Contact:

Craig Locke, Public Works Director , 530-661-5899, [email protected] Background:

This quarterly report covers the period from December 2021 through February 2022.. The report presents a summary of Service Requests and Work Orders received, and also contains a narrative description of major work performed and notable department highlights.

Conclusion:

Staff recommends that the City Council receive a presentation and accept the Public Works Quarterly Status Report for the period of December 2021 through February 2022.

Prepared by: Craig Locke, Public Works Director

Attachments:

1. Dec 21-Feb 22 PW Quarterly Report

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1 Public Works Department
Quarterly Status Report
December 2021 through February 2022
Public Works
Service and Work Order Requests

For the Months of Dec 21-Feb 22
Division Service
Requests
Work
Orders
Administration 450 -
Electrical 85 23
Facilities 95 104
Fleet - 302
GIS 5 31
Pretreatment - 181
Sewer 50 189
Signs & Markings 14 89
Storm Drain 13 31
Streets 70 29
Water 793 285
WPCF - 2
Grand Total 1,575 1,732

64 Working Days This Quarter =

Fleet & Facilities Division
 Fleet Services: Achieved a 96.2% Fleet Availability Rate for the quarter, which is the percentage of time that vehicles were out of the shop and being used for their intended purposes.
 Fleet Services: Entered into a Master Agreement with Enterprise to purchase 10 law enforcement vehicles. This program will streamline the vehicle ordering process and reduce the duration of vehicle service with the City. Departments will see a higher resale value on light duty cars and trucks, and reduced service charges.  Fleet Services: A Woodland resident was offered the Heavy Equipment Mechanic position, and we hope to have him on board in April. The only remaining vacant Fleet position is a Light Equipment Mechanic. This vacancy is not being filled.

Service Requests – Every time a request for
Public Works services is made by phone call,
written request, emailed request, or an actual
one-on-one request to a PW employee, a
‘Service Request’ is generated. This builds a
computerized record of all requests made.

Work Orders – A ‘Work Order’ is created each
time a work crew or individual is assigned a task
as a result of either service requests, pre-planned
maintenance projects, or by other situations as
they arise. This produces a database of work
accomplished and the time and materials it took
to do the work.

Total for Calendar Year 2022 Through 2/28/22
Service Requests 1,282
Work Orders 1,216

25 Requests for Service per Day

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2  Facilities Services: This winter’s rains revealed multiple leaks at the Police Department, Public Library and Municipal Services Center. Facilities Services applied temporary sealing and specialized contractors can effect wrapping around the trouble areas until repairs that are more permanent. There are no known leaks at this time.  Facilities Services: Replaced the security door at the City Hall Annex basement; the older door was damaged due to homeless activity
 Facilities Services: Installed bottle filling stations at the Public Library and the Police Department
 Facilities Services: Unclogged outside drain lines at the Public Library to prevent flooding inside the stairwells and in the Library basement level  Facilities Services: Replaced a deteriorated wood beam at Fire Station #1 that was causing a potential safety hazard
 Facilities Services: Completed pressure washing at the Public Library to restore the historic building’s curbside appeal, this job also entailed removing long-standing moss from the roof to prevent unnecessary tile damage

Right-of-Way Division
 Geographic Information System (GIS): The GIS Group is roughly 90% complete with the creation of new informational maps for Admin, Electrical, Facilities/Parks, Sewer/Storm, Signs & Markings, and Water. These maps provide all City departments with up to date information about a variety of Public Works assets.  Blight: Public Works is working closely with Code Enforcement, the Police Department and shopping cart retrieval services such as CarTrac to mitigate the blight issues throughout the City.

Blight issues include noncompliant driveway approaches, right-of-way clearance, illegal dumping and camping, graffiti, and shopping carts. Below is a summary of total shopping carts collected in 2021.

Public Works staff document and report blight issues by creating service requests (including photo attachments) in real time. This procedure saves time when responding to blight issues and makes staff more efficient.

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3 These maps illustrate the areas with the highest concentration of blight issues. Map 1 illustrates locations where graffiti occurs and shopping carts are found. Map 2 shows locations of homeless camps and illegal dumping. This information is combined to show a ‘heat map’ in the third exhibit. Staff utilizing these blight maps to more effectively target their efforts when proactively reducing blight.

 GIS - Electrical: The GIS and Electrical Groups have been working together to update areas in the City map with missing underground utility information. This is updated in real time. Electricians and Underground Service Alert Technicians access this information to accurately locate and record infrastructure when completing Service Requests and Work Orders

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4  GIS - GPS Projects: The GIS Group currently has several major projects in progress; Prudler Phase 1 & 2 (East St and Sports Park Dr), Pioneer Village Phase 1 (Pioneer Ave and Patriot Way), Parkside Phase 3 (Matmor Rd and Hadley Dr) and the Shelter Extension (E Beamer St and CR 102). Staff records the location of utilities as they are being installed.

The images below show Prudler Phase 1 & 2 at about 80% GPS completion, and Pioneer Village Phase 1 at about 20% GPS completion. Parkside Phase 3 and the Shelter Extension are both around 90% GPS completion, waiting for the last bit of above ground utilities to be installed.

The following assets are visible: Storm Gravity Mains, Inlet Points and Manholes; Water Control Valves, Fittings, Hydrants, Lateral Lines, and Pressurized Mains; Sewer Manholes, Lateral Taps, Lateral Lines and Gravity Mains.

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5  Electrical – Camera System Installations: The Electrical Group has worked with the IT department to install new antennas for a variety of City systems including cameras.

With this infrastructure in place, the City has more low cost options for placing cameras.

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6  Electrical - CIP/Development Projects: The ROW Electrical Group is currently inspecting four separate projects ranging from streetlights to the installation of new Traffic Signal Equipment. The East Main St Project is now underway with an estimated turn-on date of FY 2021/22. The Gibson Road Rehab and Gum and Matmor project have also come underway. Both should be completed by fall of 2023  Electrical-Facility (Library Literacy center): The Industrial Electrical group installed and upgraded power and data in the literacy center to meet the needs of furniture upgrades and technology enhancements.

 Signs & Marking- New Installations: Responding to resident’s requests, the Signs Group installed three new Neighborhood Watch signs in the area around Banks Dr.

They also converted two stalls to 30 minute parking on Second St at Dead Cat Alley.  Signs & Markings- Routine Street Markings Maintenance: The Signs & Markings Group replaced two-way yellow reflectors along College St at Cross St. This was an experimental installation in cold conditions and shows promise as an emergency fix.  Signs & Markings- Sign Knockdowns: The Signs Group repaired/replaced 16 knocked down signs this Quarter.
 Signs & Markings- Historic Main St Signs: The Signs Group completed the replacement of 20 overhead signs with the new Historic District signs on Main St, including three blocks along Court St.
 Streets – New Staff: The Streets Group recently added 4 new staff members; Cesar Rios, Justin Borchard, Gerardo Cisneros and Fernando Munoz.  Streets – New Equipment: The Streets Group accepted delivery of a new Combination C1 Mastic Machine. This allows crews to crack seal and functions as a mobile batch plant for small roadway repairs throughout the City.
 Streets - Sidewalk Trip Hazard Repair: The Streets Group is updating the trip hazards list for the 2022 sidewalk replacement/shaving/ramping project. Temporary repairs have eliminated 27 trip hazards throughout the city. Permanent repairs at these locations will be constructed in the upcoming 22/23 sidewalk replacement project.  Streets - Trash and Debris Clean Up: The Streets Group assisted Homeless Outreach Street Team (HOST) with cleanup of 57 homeless encampments and responded to 71 different calls about trash and debris abandoned or dumped throughout the City.  Streets Group Dashboard: This information is some of the infrastructure maintained by the Streets Group. To visualize this dataset, a ‘dashboard’ has been created with real time status. Below is a screenshot of data as of 3/1/2022. The ROW Division is in the process of implementing dashboards for all maintained infrastructure (Facilities, Underground Service Alerts, etc.).

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7 Utilities Collections - Sewer and Storm Divisions
The Collections Department made an incredible effort and exceeded annual goals for High Velocity Cleaning & Closed Circuit Televising of the Sewer/Storm Infrastructure.

Proactively cleaning the collection system reduces operational costs by reducing the number of emergency and after hours call outs. It also reduces Sanitary Sewer Overflows (SSOs) that require documentation and reporting to the State, and can potentially yield fines. The City has seen a 10% reduction in SSO’s in the last calendar year.

Collections crews also assisted the HOST program with cleanup of illegal dumping and homeless camps. Staff also continues to update GIS assets identified in the field.

During the few rain events Woodland has experienced, staff has been on rain duty, clearing storm grates and ponds. They have also performed pump maintenance, to ensure that the system will function as needed.

The Collections Division works closely with Utility Engineering, Community Development and Transportation Engineering on multiple Capital Improvement Projects (CIPs). These projects include Gibson Rd and the Spring Lake Development. Staff also performs final warranty inspections and plan review for new construction.

Working closely with Human Resources, Utility staff is working to fill three vacant Utility Maintenance Worker I/II positions. Having staff in these positions is critical to maintaining the City system, and ensuring the preventative maintenance goals are met. Being fully staffed is important to share the burden of providing after hours and weekends coverage.

Sewer:
 HVVC Footage: 97,681
 CCTV Footage: 32,156
 Lateral Inspection Footage: 5,778
 Lateral Rodding Footage: 642

Storm
 HVVC Footage 4,104
 CCTV Footage: 10,656

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8 Service Calls:
 Service Request Generated: 62
 Sanitary Sewer Overflows: 6

Utilities - Water Production and Distribution Division
 Wells: Since ‘Term 91’ has not been declared, all City groundwater wells are currently off or in the “standby” position. Crews are preparing them for being called into service as demand increases and supplies dwindle this summer.
 ASR: Wells #28, #29, and #30 are “active” and currently injecting 4.5 Million Gallons per Day (MGD). Since the City is not in a “Term 91” condition, staff can inject as much water as possible. A Term 91 is curtailment is anticipated in the near future.  Distribution Division: Crews continue working on system maintenance, repairs and improvements, as well as repairing and testing water meters. All program expectations and deadlines are being met.
 Preventive Maintenance: Crews continue to work toward meeting the annual goal of exercising 20% of the system per American Water Works Association (AWWA) specifications. The 2021 goal were to exercise 1,625 valves and service and paint 611 fire hydrants. Both of those objectives have been met.

 Water Main Breaks: 6
 Valves, Fire Hydrants and Services Replaced: 14
 Water Main Valves Exercised: 379
 Water Meters Tested: 114
 Water Meters Replaced: 73
 Water Quality Calls: 14

Wastewater Operations Division
Laboratory:
 Staff is working to fill the vacant Laboratory Technician Position

Pretreatment:

Pretreatment Staff works year round to inspect, permit and monitor a variety of businesses: Food Service Businesses (FSB’s), Automotive Related Businesses (ARB’s), Business of Concern (BOC’s), Significant Industrial Users (SIU’s), and Dental Industrial Users (DIU’s). Staff also conducts a variety of sampling events to meet compliance requirements for the City’s National Pollutant Discharge Elimination System (NPDES) Permit: Local Limits (LL), Return Activated Sludge (RAS), Grit & Rags (G&R), Receiving & Effluent Waters (R&E), Stormwater (SW), Pyrethroid’s (P) and Significant Industrial Users (SIU).
12/2021 thru 2/2022
Inspections Permitting/Outreach Sampling
87 91 8

One noteworthy public outreach event conducted this quarter was the door-to-door distribution of “Fat Trappers” to our mobile home residents. Each household received a

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9 small storage container and two disposable bags to dispose of used cooking oil. Along with that came literature to teach residents on the proper disposal of Fats, Oils & Grease which includes the option to recycle it at our Wastewater Treatment plant for free as well as literature on not flushing items like Q-tips, feminine hygiene products, wipes and alike that can clog our sewer system.

Regulatory Compliance:
 Prepared and submitted Quarterly and Monthly reports to the Regional Board in accordance with our National Pollutant Discharge Elimination System (NPDES) Permit.  Continued participation in the Central Valley Clean Water Association (CVCWA) special studies on Methyl Mercury, Freshwater Mussels, and Low-Level Toxicity.  Continued issuing an information binder with all new pretreatment permits with relevant information to the specific discharger.

Water Pollution Control Facility:
 Plant Operations: Ultra Violet (UV) system maintenance has been an ongoing task this quarter with multiple lamp replacements. The Operations Group replaced 20+ lamps which were believed to be damaged from a power surge. Operations repaired a broken diffusor in Zone #4 and worked with Engineering to estimate the service life of the remaining diffusers. Seven sample diffuser disks were removed and sent to the manufacture for testing and evaluation. The results will be incorporated in the treatment plan capital improvement master plan.
 Recycled Water Delivery: Currently recycled water is only being delivered to the City’s Parks Department. Biomass has concluded a new contract with PG&E but has been under construction since September and has not resumed full operation.  Solids Removal: The removal of solids from pond 10 was place on hold after a significant rain event in October added enough water to the pond to make it not feasible to remove solids for the remainder of the season; this may resume in the spring, depending on the conditions in the pond at that time.

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.10
SUBJECT: Agreement with Woodland Haven Child Care Center

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to enter into an agreement to provide funding through a forgivable loan for Woodland Haven Child Care Center, and appropriating $775,000 in General Fund reserve balances.

Staff Contact:

Jenna Moncrief, Management Analyst, (530) 661-2023, [email protected] Fiscal Impact:

The City will provide up to $775,000 to be used for the initial start-up and operational expenses for Woodland Haven Childcare Center. Any unused funds will be retained by or returned to the City.

The City was allocated $11.1 million in American Rescue Plan Act (ARP) funding from the federal government. A significant portion of this funding ($10 million) can be used by the City to pay for general government functions, which has, in turn, created some limited-term and one-time funding flexibility in the City’s General Fund. The proposed allocation of funding is consistent with the ARP spending plan reviewed and approved by the City Council at their March 15th meeting. The funds for this project will be allocated from the General Fund reserve balance, and an appropriation of this money is recommended.

Council Goals:

The proposal implements a quality of life priority initiative identified in the 2022/23 City Council Priority Goals and Strategic Actions that calls for addressing community childcare needs.

Background:

There is a tremendous need in the community for childcare. When planning to start a family, new potential parents who will need childcare are often advised to start searching for a spot as soon as they find out they are expecting a child. Often times, families find themselves in a situation in which finding childcare is difficult.

According to a 2020 Child Care Needs Assessment completed by the Yolo County Local Child Care Planning Council, there were over 3,700 children ages 0-4 living in Woodland. Approximately 2,500 of the children had all parents in the workforce and needed child care. At the time of the assessment, there were 1,454 children ages 0-2 and 1,058 children ages 3-4 in need of care. Seventy seven percent of these were children with all parents in the workforce who were at or below 85% of the state median income and therefore qualified for subsidized childcare. Of all child care requests in Yolo County, 93% were in need of full-time care.

Based on the assessment, there were 1,631 child care spaces available for children ages 0-4 in Woodland. These included licensed child care centers, family child care homes, and licensed exempt providers (also known as family, friend, and neighbor providers). The majority of slots were available through licensed child care centers. There were 1,124 slots available in childcare centers for this age, of which 100 were available for 0-2 year olds and 1,024 were available for 3-4 year olds. In licensed family homes, there were 507 slots available, of which 283 were available for 0-2 year olds and 224 were available for 3-4 year olds.

In 2020, an additional 859 child care slots were needed to provide child care for all working parents of children ages 0-4 in Woodland. Of these, the greatest need was for child care of children ages 0-2. Following the time of

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the assessment, Woodland Montessori School, which opened in 1975, permanently closed. This left a void in the community and increased the deficit of available child care slots in Woodland.

Discussion:

Woodland Haven Childcare Center will be a non-profit preschool and daycare center which will operate out of 1730-1738 Cottonwood Street in Woodland, the site previously occupied by Woodland Montessori School (see Attachment 3). The property is being purchased by the Aoki-Slaven Family Trust and rented to the non-profit for operation of the preschool and childcare center.

At full operation, the facility will provide childcare for approximately 100 children, though the exact number of positions will be dependent on licensing approval once the facility has been established. The Daycare Center will offer 15-20 infant positions for ages 3 to 18 months and 20-24 toddler positions for ages 18 to 36 months.

The Preschool will offer 48-60 preschool positions for ages 3 to 5 years, and will implement Montessori, Reggio Emilia, and Waldorf practices with an emphasis on Social-Emotional Learning and STEAM.

Enrollment will be available for part-time (M/W/F or T/TH) and full-time (M-F) care. Regular hours will be 8:30am-3:30pm with optional extended care, which would expand the hours from 7:00am-6:00pm. Priority enrollment will be for Woodland families. Additionally, 20% of the positions will be offered to low-income families through CalWORKs subsidies or equivalent need-based subsidies, should they come available. Priority enrollment in the Daycare Center will be available for families with two working parents.

Woodland Haven will also offer early intervention services to its enrollees. By working closely with the Northern California Children’s Therapy Center, Woodland Haven will offer annual assessments and screenings upon enrollment for physical and cognitive disorders. In addition, tuition will include quarterly screenings from a licensed Early Intervention Occupational Therapist.

The City is proposing to enter into an agreement with Woodland Haven to provide funding in the form of a forgivable loan for start-up costs and operation of the facility, the form of which is attached to this staff report.

It is anticipated that the facility will be open by October 1, 2022. The proposed agreement with Woodland Haven includes the following terms:
City will provide a forgivable loan for an amount not to exceed $775,000 with a term of 10 years. One-tenth ($77,500) of the loan amount will be forgiven each year that the child care center is in operation in accordance with the terms of the Agreement, with the full amount being forgiven at the end of the 10-year term.
Loan funds will be used for tenant improvements and start-up costs associated with opening the child care center in accordance with a budget to be approved by City staff. Progress on the project will proceed according to a schedule of performance with specific milestones that are included in the loan agreement, with the facility opening not later than November 1, 2022. The facility will operate at least Monday-Friday 8:30 am-3:30 pm and offer extended care options for at least Monday-Friday 7:00 am-6:00 pm.
The facility will accept a minimum of 80 children at all times commencing at opening. Provide priority enrollment for low income families through CalWORKS or an equivalent need based subsidy with a goal of achieving at least 20% enrollment from low income families. Provide priority enrollment for families that live in Woodland. Provide priority enrollment for child care center for children from Woodland families with two working parents or one parent head of household.
Woodland Haven will be required to provide quarterly reports to the City providing information as deemed reasonably necessary to confirm compliance with the agreement, including information on the number of employees at the facility (part-time and full-time); number of children enrolled; number of children from low income families enrolled; and number of children from Woodland enrolled.

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An operating covenant ensuring continued operation of a child care facility and compliance with the terms of the loan agreement for at least ten years will be recorded against the property on which the child care facility will be located.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to enter into an agreement to provide funding through a forgivable loan for Woodland Haven Child Care Center, and appropriating $775,000 in General Fund reserve balances.

Prepared By: Jenna Moncrief, Management Analyst

Reviewed By: Christine Engel, Community Services Director

Attachments:

1. Woodland Haven Loan Agreement

2. Resolution - Woodland Haven

3. WoodlandHavenFaciltlySitePlan

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82093.00013\34894869.3 1

CITY OF WOODLAND

CHILD CARE CENTER FORGIVABLE LOAN AGREEMENT
(Woodland Haven Child Care Center)
This Child Care Center Forgivable Loan Agreement (the “Agreement”) is entered into as of April 5, 2022, by and between the CITY OF WOODLAND, a municipal corporation (the “City”), and WOODLAND HAVEN, INC., a California nonprofit public benefit corporation (the “Borrower”), with reference to the following facts:

A. The City of Woodland is a community with a large percentage of working families with children; and
B. Affordable, quality childcare programs are a critical need for the community, both for the residents of the City of Woodland and for the local economy because the high cost of child care has acted as a barrier to many parents being able to enter or remain in the workforce; and
C. According to a 2020 Child Care Needs Assessment completed by the Yolo County Local Child Care Planning Council, there were over 3,700 children ages 0-4 living in Woodland. Approximately 2,500 of the children had all parents in the workforce and needed child care. At the time of the assessment, there were 1,454 children ages 0-2 and 1,058 children ages 3-4 in need of care. Seventy seven percent of these were children with all parents in the workforce who were at or below 85% of the state median income and therefore qualified for subsidized childcare. Of all child care requests in Yolo County, 93% were in need of full-time care; and
D. Based on the assessment, there were 1,631 child care spaces available for children ages 0-4 in Woodland. These included licensed child care centers, family child care homes, and licensed exempt providers (also known a family, friend, and neighbor providers). The majority of slots were available through licensed child care centers. There were 1,124 slots available in childcare centers for this age, of which 100 were available for 0-2 year olds and 1,024 were available for 3-4 year olds. In licensed family homes, there were 507 slots available, of which 283 were available for 0-2 year olds and 224 were available for 3-4 year olds; and E. In 2020, an additional 859 child care slots were needed to provide child care for all working parents of children ages 0-4 in Woodland. Of these the greatest need was for child care of children age 0-2. Following the time of the assessment, Woodland Montessori School, which opened in 1975, permanently closed. This left a void in the community and increased the deficit of available child care slots in Woodland; and
F. The COVID-19 has exacerbated the issues arising from a shortage of available child care in Woodland and throughout California, as an estimated 8,500 licensed child care facilities in California have closed as a result of the COVID-19 pandemic; and G. As an increasing number of businesses return to in-person work, the need for child care will become increasingly important, while there are not sufficient child care facilities to meet existing demand; and

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H. The City and its nonprofit partners in the community have consistently recognized affordable, quality child care programs as a priority need for the continued wellbeing of the community in the Consolidated Plan prepared for the Community Development Block Grant (CDBG) entitlement program; and
I. Borrower has entered into a lease agreement with the Aoki-Slaven Family Trust that certain property located at 1730-1738 Cottonwood Street in the City of Woodland, which property was previously used as the Woodland Montessori School, a school and early education center (the “Property”); and
J. Borrower desires to operate the Property as the Woodland Haven Childcare Center, a non-profit preschool and daycare center, which at full operation, will have the capacity to serve one hundred children aged 3 months to 5 years old (the “Child Care Facility”); and K. In order for the Child Care Facility to be operated on the Property, there are significant structural improvements and renovations that are required to be made to the facilities located on the Property; and
L. In order to ensure the viability of the Child Care Facility, Borrower has additionally requested assistance that will be provided to Borrower to help fund certain costs associated with the startup of the Child Care Facility, including initial lease expenses, furnishings for the classrooms and outdoor areas, cosmetic repairs to and painting of the interior and exterior of the building, tenant improvements and certain administrative costs; and M. The City desires to provide assistance to Borrower to make improvements to the Property necessary to open the Child Care Facility and assistance for Woodland Haven to assist with the startup of the Child Care Facility, provided that the City receives adequate assurance that the Property will be operated as a Child Care Facility in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, the Parties agree as follows:

ARTICLE 1 DEFINITIONS AND EXHIBITS
Section 1.1 Definitions.

The following capitalized terms have the meanings set forth in this Section 1.1 wherever used in this Agreement, unless otherwise provided:
(a) “Agreement” means this Loan Agreement.
(b) “Budget” means the budget for the Tenant Improvements required for the Child Care Facility and the start-up costs associated with opening the Child Care Facility, as attached hereto as Exhibit E.
(c) “Child Care Facility” has the meaning set forth in Recital J. (d) “City” means the City of Woodland, a municipal corporation.

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82093.00013\34894869.3 3
(e) “Deed of Trust” is the Performance Deed of Trust securing compliance with the Operating Covenant, which shall be executed by the Aoki-Slaven Trust as a condition of the making of the Loan. The form of the Deed of Trust is attached hereto as Exhibit D. (f) “Event of Default” has the meaning set forth in Section 6.1. (g) “Loan” has the same meaning set forth in Section 2.1. (h) “Loan Documents” means this Agreement and the Promissory Note (i) “Operating Covenant” means the operating covenant that will be entered into by and between the City and the Aoki-Slaven Trust as a condition of the making of the Loan, which shall ensure the continued use of the Property as a child care center consistent with the terms of this Agreement for the term of the Operating Covenant. The form of the Operating Covenant is attached hereto as Exhibit C.
(j) “Promissory Note” means the promissory note that will evidence the terms under which Borrower would be required to repay the Loan. The Promissory Note will be in the form attached hereto as Exhibit B.
(k) “Property” means the real property located in the City of Woodland, County of Yolo, California, more particularly described in the attached Exhibit A. (l) “Tenant Improvements” means the physical improvements to the Property to be made by Borrower that will be funded by a portion of the funds provided pursuant to this Agreement, as more particularly described in the Budget. (m) “Term” has the meaning set forth in Section 2.2.

Section 1.2 Exhibits. The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A: Legal Description of the Property
Exhibit B: Form of Promissory Note
Exhibit C: Form of Operating Covenant
Exhibit D: Form of Deed of Trust
Exhibit E: Budget
ARTICLE 2 LOAN PROVISIONS
Section 2.1 Loan. The City shall lend to the Borrower a total amount not to exceed Seven Hundred Seventy-Five Thousand Dollars ($775,000.00) for the purpose of making the Tenant Improvements and funding certain start-up costs associated with the Child Care Facility as set forth in the Budget (the “Loan”). The City shall make three disbursements of Loan funds for use in accordance with this Agreement, subject to the conditions set forth below. The obligation to repay the Loan is evidenced by the Promissory Note and the making of the Loan is

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82093.00013\34894869.3 4
conditioned on the owner of the Property entering into the Operating Covenant and Deed of Trust.

Section 2.2 Disbursement of Loan Funds. The City shall make three disbursements of the Loan funds provided for herein as follows:
(a) The first disbursement shall be in the amount of Four Hundred Seventy Eight Thousand Dollars ($478,000.00) and shall be made only upon satisfaction of each of the following conditions precedent:
(i) Borrower shall have executed and delivered to the City the Promissory Note, and shall have caused the Aoki-Slaven Trust to have executed, in recordable form, and delivered to the City the Deed of Trust and the Operating Agreement; and (ii) Said Deed of Trust and Operating Agreement shall have been recorded in the official records of the County of Yolo; and (iii) Borrower shall have provided City with a copy of Borrower’s lease for the Property documenting the lease costs to be funded through the Loan; and (iv) Borrower has furnished the City with evidence of the insurance coverage meeting the requirements of Section 5.3 below; and (v) Borrower shall have delivered to the City copies of invoices, cost proposals or other documentation satisfactory to the City to evidence the actual costs to be incurred by the Borrower as described in the Budget to be incurred in the month of April 2022, and that such costs are at least in an amount equal to the first disbursement. (b) The second disbursement shall be in the amount of One Hundred Ninety Thousand Dollars ($190,000.00) and shall be made not sooner than May 6, 2022, and only upon satisfaction of each of the following conditions precedent:
(i) Borrower shall have satisfied all of the conditions precedent set forth in Section 2.2(a) above; and
(ii) Borrower shall provide evidence satisfactory to the City that the costs to be funded by the first disbursement have been incurred; and (iii) All representations and warranties made by the Borrower in this Agreement and the Note shall be true and correct as of the date of the second disbursement; and (iv) Borrower is not in Default under the terms of this Agreement or any other agreement relating to the Child Care Facility; and (v) Borrower shall have delivered to the City copies of invoices, cost proposals or other documentation satisfactory to the City to evidence the actual costs to be incurred by the Borrower as described in the Budget to be incurred in the month of May 2022, and that such costs are at least in an amount equal to the second disbursement.

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(c) The third disbursement shall be in the amount of One Hundred Seven Thousand Dollars ($107,000.00) and shall be made not sooner than July 15, 2022, and only upon satisfaction of each of the following conditions precedent:
(i) Borrower shall have satisfied all of the conditions precedent set forth in Section 2.2(a) and (b) above; and
(ii) Borrower shall provide evidence satisfactory to the City that the costs to be funded by the second disbursement have been incurred; and (iii) All representations and warranties made by the Borrower in this Agreement and the Note shall be true and correct as of the date of the third disbursement; and (iv) Borrower is not in Default under the terms of this Agreement or any other agreement relating to the Child Care Facility; and (v) Borrower shall have delivered to the City copies of invoices, cost proposals or other documentation satisfactory to the City to evidence the actual costs to be incurred by the Borrower as described in the Budget to be incurred in the months of June through September 2022, and that such costs are at least in an amount equal to the third disbursement.

Section 2.3 Term of Agreement, Interest, Repayment. The term of this Agreement (the “Term”) shall commence upon the Effective Date and remain in full force and effect for ten (10) years, unless all cost and expense, interest and principal due to the City under the Promissory Note have been repaid to the City in full. Commencing on the Effective Date of this Agreement, for so long as Borrower operates the Child Care Facility in accordance with the requirements of this Agreement, the City shall forgive ten percent (10%) of the Loan on the annual anniversary of the Effective Date of this Agreement, until such time that the Loan has been forgiven in its entirety.

Section 2.4 Security. The Loan shall be an unsecured loan.

ARTICLE 3 TENANT IMPROVEMENTS
Section 3.1 Construction or Installation of Tenant Improvements. Construction or installation of the Tenant Improvements must be performed in a first class manner, substantially in accordance with final plans and specifications approved by the City and in accordance with all applicable codes.

Section 3.2 Equal Opportunity. During the construction or installation of the Tenant Improvements there will be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.

Section 3.3 Construction Responsibilities. Borrower shall be solely responsible for all aspects of Borrower’s conduct in connection with the construction or installation of the Tenant Improvements, including (but not limited to) the quality and suitability of the plans and specifications, the supervision of construction work, and the qualifications, financial condition, and performance of all architects,

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82093.00013\34894869.3 6
engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the City with reference to the Tenant Improvements or the Child Care Facility is solely for the purpose of determining whether Borrower is properly discharging its obligations to the City, and should not be relied upon by Borrower or by any third parties as a warranty or representation by the City as to the quality of the design or construction of the Tenant Improvements.

Section 3.4 Compliance with Construction Laws and Requirements. (a) The Borrower shall construct or install the Tenant Improvements and perform all work on the Property in conformity with all applicable governmental requirements (“Governmental Requirements”), including but not limited to all applicable state labor laws and standards, all applicable Public Contract Code requirements, the City’s applicable zoning and development standards, building, plumbing, mechanical and electrical codes, all other applicable provisions of the City’s Municipal Code. City and Borrower acknowledge and agree that the Loan made pursuant to this Agreement requires that laborers employed by Borrower relative to the construction, installation or operation of the work constituting the construction or installation of the Tenant Improvements must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to Labor Code section 1720 et seq. and regulations promulgated thereunder (the “Prevailing Wage Laws”). (b) Further, Borrower shall defend, indemnify and hold harmless the City and its officials, officers, employees, agents and representatives from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys’ fees and costs) (collectively, “Claims”), including but not limited to any claims pursuant to Labor Code sections 1726 and 1781, arising out of or in any way connected with the Borrower’s obligation to comply with all Governmental Requirements with respect to the work for the Tenant Improvements, including the Prevailing Wage Laws and all other applicable state labor laws and standards, except to the extent such Claims result from actions of the City or its officials, officers, employees, agents or representatives, which prevent Borrower from complying with Governmental Requirements. If, at any time, Borrower believes that the City or its officials, officers, employees, agents or representatives, are preventing Borrower from complying with Governmental Requirements, then Borrower shall provide notice to the City of the basis of such conclusion by Borrower to enable the City to take such actions as may be necessary or appropriate to enable Borrower to comply with Governmental Requirements. ________________
Borrower’s Initials
(c) Borrower, on behalf of itself, its successors and assigns, waives and releases the City from any right of action that may be available to any of them pursuant to Labor Code sections 1726 or 1781. Borrower acknowledges the protections of Civil Code section 1542 relative to the waiver an release contained in this Section 3.4, which reads as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.

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By initialing below, Borrower knowingly and voluntarily waives the provisions of Civil Code section 1542 solely in connection with the waivers and releases of this Section 3.4. ________________
Borrower’s Initials
Section 3.5 Inspections. Borrower understands and agrees that it will be monitored by the City from time to time to assure compliance with all terms and conditions in this Agreement.

Borrower acknowledges that the City may also conduct periodic on-site inspections of the Child Care Facility. Borrower must cooperate with the monitoring by the City and ensure full access to the Child Care Facility and all information related to the Child Care Facility as reasonably required by the City.

ARTICLE 4 OPERATION OF CHILD CARE FACILITY
Section 4.1 Continuous Operation. Borrower covenants that commencing not later than October 1, 2022, and continuing through at least the end of the term of this Agreement, Borrower shall have secured all necessary licenses and approvals as needed to operate the Child Care Facility with the capacity to accept a minimum of 80 children at all times, and shall be open and shall operate for the full calendar year at all times consistent with the hours of operation set forth below. Any closure of the Child Care Facility for a period of greater than two continuous weeks, or ten total days when the facility would normally be open pursuant to Section 4.2 below in any twelve month period, and subject to the force majeure provisions set forth herein, shall constitute a default under this Agreement.

Section 4.2 Hours of Operation. The Child Care Facility shall operate during the Term of this Agreement at least Monday through Friday (excluding State holidays as listed on the Secretary of State’s website), from 8:30 a.m. to 3:30 p.m. and offer extended care options from at least Monday through Friday (excluding State holidays as listed on the Secretary of State’s website), from 7:00 a.m. to 6:00 p.m.

Section 4.3 Capacity of Child Care Facility. Commencing at the opening of the Child Care Facility and continuing during the Term of this Agreement, Borrower shall accept applications and maintain available spots in the Child Care Facility for a minimum of 80 children. City and Borrower recognize that there may be less than 80 children enrolled at the Child Care Facility during the Term due to a lack of applications, but in that event Borrower will keep spots open and accept applications for enrollment at all times that enrollment is less than 80 children.

Section 4.4 Enrollment Priorities. During the Term of the Agreement and as consideration for the making of the Loan, Borrower shall use the following priorities in enrolling children in the Child Care Facility:
(a) Borrower shall maintain twenty percent (20%) of the available enrollment spots available for households that receive child care assistance through the California Work Opportunity and Responsibility for Kids (CalWORKs) Child Care program or an equivalent state or federal form of need-based child care assistance (collectively referred to as “CalWORKS Recipients”). All enrollment spots set aside pursuant to this subparagraph shall remain open

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until filled by CalWORKs Recipients from the beginning of each enrollment period for the next academic year (in January of each year), until at least April 1 of that year. In the event that the spots set aside for CalWORKs Recipients are not filled by April 1, Borrower shall notify the City in writing, including providing information documenting Borrower’s outreach efforts to solicit CalWORKs Recipients to enroll in the Child Care Facility, and thereafter may open the available spots to households other than CalWORKs Recipients. Notwithstanding the foregoing, in the event that less than 20% of the enrollment spots are held by CalWORKs Recipients at any time during the Term of this Agreement, Borrower shall give priority on the waiting list to CalWORKs Recipients until all such spots are filled.
(i) Borrower shall perform outreach to make CalWORKs Recipients aware of the available spots, including but not limited to publicizing the available spots on Borrower’s website, notifying First Five Yolo of the available spots, and performing other outreach as reasonably recommended by City’s Community Services Department. (b) In addition to the spots set aside pursuant to subparagraph (a), Borrower shall provide priority enrollment in the remaining spots for (1) children from households residing in Woodland, and (2) households with two working parents or a one parent head of household.

In implementing this priority, Borrower shall make spots available to household meeting both of these priority categories first, then households residing in Woodland, then households with two working parents or a one parent head of households. To the extent that additional spots are available after administering the above priorities those spots may be filled without regard to the listed priorities, provided that thereafter if Borrower establishes a waiting list, Borrower shall utilize the above priorities in administering the waiting list. (c) Borrower shall provide the City quarterly reports within information as deemed reasonably necessary to confirm compliance with this Agreement, including information on the number of employees at the facility (part-time and full-time), the number of children enrolled at the Child Care Facility, the number of children enrolled from CalWORKs Recipients, the number of children enrolled from households residing in Woodland, and the number of children enrolled from households with two working parents or single heads of household. The form of such reports shall be reasonably agreed upon by City and Borrower.

ARTICLE 5 LOAN REQUIREMENTS
Section 5.1 Information. Borrower shall provide any information reasonably requested by the City in connection with the Child Care Facility.

Section 5.2 Audits. Borrower shall make available for examination at reasonable intervals and during normal business hours to City all books, accounts, reports, files, and other papers or property with respect to all matters covered by this Agreement, and shall permit City to audit, examine, and make excerpts or transcripts from such records. City may make audits of any conditions relating to this Agreement.

Section 5.3 Insurance Requirements. Prior to the commencement of construction or installation of the Tenant Improvements (or any work related thereto) upon the Property, the Borrower shall furnish, or cause to be furnished, to the City duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in the amount of at least Two Million Dollars ($2,000,000.00) for any person, Three Million Dollars ($3,000,000.00) for

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any occurrence, Five Million Dollars ($5,000,000.00) annual aggregate and Five Hundred Thousand Dollars ($500,000.00) property damage, naming the City as additional insured. The policy limits of such policies may be in lesser amounts if the Borrower shall provide the City with duplicate originals or appropriate certificates of a binder (approved by the City) which indemnifies and holds the City harmless from and against all liability, loss, damage, costs or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person, or to the property of any person, which shall occur on or adjacent to the Property and which shall be directly or indirectly caused by any acts done thereon, or by any errors or omissions, of the Borrower and its agents, servants, employees and contractors, and which provides for the defense of the City against all claims or causes of action arising there from. Such insurance policies shall be maintained and kept in force, and such obligation to indemnify shall continue, during periods of construction of the Tenant Improvements and until the construction of the Tenant Improvements is complete.

Section 5.4 Permitted Transfers/Consent. Borrower may not cause or permit any voluntary transfer, assignment or encumbrance of its interest in Borrower’s leasehold interest in the Property or in the Tenant Improvements, or sublease all or any part of the Child Care Facility. Any transfer, assignment, encumbrance or sublease without the City’s prior written consent will be voidable and, at the City’s election, constitute an Event of Default under this Agreement. The City’s consent to any specific assignment, encumbrance, sublease or other transfer will not constitute its consent to any subsequent transfer or a waiver of any of the City’s rights under this Agreement.

ARTICLE 6 DEFAULT AND REMEDIES
Section 6.1 Event of Default. Any material breach by Borrower of any covenant, agreement, provision or warranty contained in this Agreement or in any of the Loan Documents that remains uncured upon the expiration of any applicable notice and cure periods contained in any Loan Document will constitute an “Event of Default,” including the following:
(a) Borrower fails to make any payment required under this Agreement within ten (10) days after the date when due; or
(b) Borrower fails to open and continuously operate the Child Care Facility in accordance with all terms and conditions of Article 4 of this Agreement; or (c) Any lien is recorded against all or any part of the Property or the Child Care Facility without the City’s prior written consent except as permitted under Section 5.4 of this Agreement, and the lien is not removed from title or otherwise remedied to the City’s satisfaction within thirty (30) days after Borrower’s receipt of written notice from the City to cure the default, or, if the default cannot be cured within a 30-day period, Borrower will have sixty (60) days to cure the default, or any longer period of time deemed necessary by the City, provided that Borrower commences to cure the default within the 30-day period and diligently pursues the cure to completion; or
(d) Borrower fails to perform or observe any other term, covenant or agreement contained in any Loan Document, and the failure continues for thirty (30) days after Borrower’s receipt of written notice from the City to cure the default, or, if the default cannot be

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cured within a 30-day period, Borrower will have sixty (60) days to cure the default, or any longer period of time deemed necessary by the City, provided that Borrower commences to cure the default within the 30-day period and diligently pursues the cure to completion; or (e) Any representation or warranty made by Borrower in any Loan Document proves to have been incorrect in any material respect when made; or (f) Borrower is dissolved or liquidated or merged with or into any other entity; or, if Borrower ceases to exist in its present form and (where applicable) in good standing and duly qualified under the laws of the jurisdiction of formation and California for any period of more than thirty (30) days; or all or substantially all of the assets of Borrower are sold or otherwise transferred except as permitted under Section 5.4; or (g) Without the City’s prior written consent, Borrower voluntarily or involuntarily assigns or attempts to sell, lease, assign, encumber or otherwise transfer all or any portion of the ownership interests in Borrower or of its right, title or interest in the Child Care Facility or the Property; or
(h) Borrower is subject to an order for relief by the bankruptcy court, or is unable or admits in writing its inability to pay its debts as they mature or makes an assignment for the benefit of creditors; or Borrower applies for or consents to the appointment of any receiver, trustee or similar official for Borrower or for all or any part of its property (or an appointment is made without its consent and the appointment continues undischarged and unstayed for sixty (60) days); or Borrower institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, conservatorship, liquidation, rehabilitation or similar proceeding relating to Borrower or to all or any part of its property under the laws of any jurisdiction (or a proceeding is instituted without its consent and continues undismissed and unstayed for more than sixty (60) days); or any judgment, writ, warrant of attachment or execution or similar process is issued or levied against the Property, the improvements or any other property of Borrower and is not released, vacated or fully bonded within sixty (60) days after its issue or levy; or
(i) Borrower is in default of its obligations with respect to any funding obligation (other than the Loan) for the Child Care Facility, and the default remains uncured following the expiration of any applicable cure periods. (j) Borrower is in default of its obligations under any other agreement entered into with the City, and the default remains uncured following the expiration of any applicable cure periods.

Section 6.2 Remedies. During the pendency of an uncured Event of Default, the City may exercise any right or remedy available under this Agreement or the Promissory Note or at law or in equity. All of the City’s rights and remedies following an Event of Default are cumulative, including:
(a) The City at its option may declare the unpaid principal balance of the Promissory Note, together with default interest as provided in the Promissory Note and any other charges due under the Promissory Note, immediately due and payable without protest, presentment, notice of dishonor, demand or further notice of any kind, all of which Borrower expressly waives.

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(b) The City may apply to any court of competent jurisdiction for specific performance, or an injunction against any violation, of this Agreement or for any other remedies or actions necessary or desirable to correct Borrower’s noncompliance with this Agreement. (c) All costs, expenses, charges and advances of the City in exercising its remedies or to protect the Child Care Facility will be deemed to constitute a portion of the principal balance of the Promissory Note, even if it causes the principal balance to exceed the face amount of the Promissory Note, unless Borrower reimburses the City within ten (10) days of the City’s demand for reimbursement.

ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF BORROWER
Section 7.1 Borrower Representations and Warranties. As a further inducement for the City to enter into this Agreement, Borrower represents and warrants as follows:
(a) The execution, delivery and performance of the Loan Documents will not contravene or constitute a default under or result in a lien upon assets of Borrower under any applicable Law, any Charter Document of Borrower or any instrument binding upon or affecting Borrower, or any contract, agreement, judgment, order, decree or other instrument binding upon or affecting Borrower.
(b) When duly executed, the Loan Documents will constitute the legal, valid and binding obligations of Borrower. Borrower hereby waives any defense to the enforcement of the Loan Documents related to alleged invalidity of the Loan Documents. (c) No action, suit or proceeding is pending or to the best of Borrower’s knowledge, threatened that might affect Borrower or the Child Care Facility adversely in any material respect.
(d) Borrower is not in default under any agreement to which it is a party, including any lease of real property.
(e) All statements and representations made by Borrower in connection with the Loan remain true and correct as of the date of this Agreement.

ARTICLE 8 NOTICES.

Section 8.1 Notice. Any notice, demand, request or other communication that any party hereto may be required or may desire to give hereunder shall be in writing and shall be deemed to have been properly given (a) if hand delivered, when delivered, (b) if mailed by United States mail, certified or registered, postage prepaid, two (2) business days after mailing, or (c) if by Federal Express or other reliable overnight courier service, on the next business day after delivered to such courier service, at the address set forth below or at such other address as the party to be served with notice may have furnished in writing to the party seeking or desiring to serve notice as a place for the service of notice. Notices must be addressed as follows:

To City: City of Woodland
300 First Street
Woodland, CA 95695
Attn: City Manager

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with a copy to: Best Best & Krieger LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Attn: Ethan Walsh
To Borrower: Woodland Haven, Inc.
204 West Monte Vista Circle
Woodland, CA 95695
Attn: Keri Aoki
Section 8.2 Required Notices. Borrower agrees to provide notice to the City in accordance with Section 8.1 of the occurrence of any change or circumstance that: (a) will have an adverse effect on the physical condition or intended use of the Child Care Facility; or (b) will have a material adverse effect on Borrower’s operation of the Child Care Facility or ability to repay the Loan.

ARTICLE 9 GENERAL PROVISIONS
Section 9.1 No Third Party Beneficiaries. Nothing contained in this Agreement, nor any act of the City, may be interpreted or construed as creating the relationship of third party beneficiary, limited or general partnership, joint venture, employer and employee, or principal and agent between the City and Borrower or Borrower’s agents, employees or contractors.

Section 9.2 No Claims by Third Parties. Nothing contained in this Agreement creates or justifies any claim against the City by any person or entity with respect to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the Child Care Facility. Borrower must include this requirement as a provision in any contracts for the development of the Child Care Facility.

Section 9.3 Entire Agreement. This Agreement and its Exhibits incorporate the terms of all agreements made by the City and Borrower with regard to the subject matter of this Agreement. No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by the parties hereto. No oral understandings or agreements not incorporated herein will be binding on the City or Borrower.

Section 9.4 City Obligations. The City’s sole obligation under this Agreement is limited to providing the Funds as described in this Agreement, up to the Funding Amount.

Under no circumstances, including breach of this Agreement, will the City be liable to Borrower for any special or consequential damages arising out of actions or failure to act by the City in connection with any of the Loan Documents.

Section 9.5 Borrower Solely Responsible. Borrower has the right to exercise full control of employment, direction, compensation and discharge of all persons assisting in the performance contemplated under this Agreement. Borrower is solely responsible for: (a) its own acts and those of its agents, employees and contractors and all matters relating to their performance, including compliance with Social Security, withholding and all other Laws governing these matters and requiring that contractors include in each contract that they will be solely responsible for similar matters relating to their employees; (b) any losses or damages

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incurred by Borrower, any of its contractors or subcontractors and the City and its officers, representatives, agents and employees on account of any act, error or omission of Borrower in the performance of this Agreement or any other Loan Document and the development and operation of the Child Care Facility; and (c) all costs and expenses relating to Borrower’s performance of obligations under the Loan Documents, the delivery to the City of documents, information or items under or in connection with any of the Loan Documents and taxes, fees, costs or other charges payable in connection with the execution, delivery, filing and/or recording of any Loan Document or document required under any Loan Document.

Section 9.6 Force Majeure. Borrower shall not be deemed to be in default of this Covenant where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control that prevent the opening or operating of the Child Care Facility in accordance with this Covenant. If any such events shall occur, the term of this Agreement and the time for performance in accordance with this Covenant may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that in the event that the circumstances causing such delay extend for more than one (1) year, Borrower and City shall meet and confer to discuss amendments to this Agreement to reasonably address such changed circumstances.

Section 9.7 No Inconsistent Agreements. Borrower warrants that it has not executed and will not execute any other agreement(s) with provisions materially contradictory or in opposition to the provisions of this Agreement.

Section 9.8 Inconsistencies in Loan Documents. In the event of any conflict between the terms of this Agreement and any other Loan Document, the terms of this Agreement control unless otherwise stated; provided, however, that any provision in this Agreement in conflict with any Law will be interpreted subject to that Law.

Section 9.9 Governing Law. This Agreement is governed by California law without regard to its choice of law rules.

Section 9.10 Joint and Several Liability. If Borrower consists of more than one person or entity, each is jointly and severally liable to the City for the faithful performance of this Agreement.

Section 9.11 Successors. Except as otherwise limited herein, the provisions of this Agreement bind and inure to the benefit of the undersigned parties and their heirs, executors, administrators, legal representatives, successors and assigns. This provision does not relieve Borrower of its obligation under the Loan Documents to obtain the City’s prior written consent to any assignment or other transfer of Borrower’s interests in the Loan, the Property or the ownership interests in Borrower.

Section 9.12 Attorneys’ Fees. If any legal action is commenced to enforce any of the terms of this Agreement or rights arising from any party’s actions in connection with this Agreement, the prevailing party will have the right to recover its reasonable attorneys’ fees and costs of suit from the other party, whether incurred in a judicial, arbitration, mediation or

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bankruptcy proceeding or on appeal. An award of attorneys’ fees and costs will bear interest at the default rate under the Promissory Note from the date of the award until paid.

Section 9.13 Severability. The invalidity or unenforceability of any one or more provisions of this Agreement will in no way affect any other provision.

Section 9.14 Time. Time is of the essence in this Agreement. Whenever the date on which an action must be performed falls on a Saturday, Sunday or federal holiday, the date for performance will be deemed to be the next succeeding business day.

Section 9.15 Further Assurances. Borrower agrees to: (a) pursue in an effective and continuous manner; (b) use best efforts to achieve; and (c) take all actions reasonably required by the City from time to time to confirm or otherwise carry out the purpose of this Agreement.

Section 9.16 Consent. Except as expressly provided otherwise, whenever consent or approval of a party is required in any Loan Document, that party agrees not to withhold or delay its consent or approval unreasonably.

Section 9.17 Counterparts. This Agreement may be executed in any number of counterparts, all of which will constitute but one agreement.

Section 9.18 Borrower’s Personnel. The operation of the Child Care Facility shall be implemented only by competent personnel under the direction and supervision of Borrower.

Section 9.19 Exhibits. All exhibits attached hereto are incorporated into and hereby made a part of this Agreement.

WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

CITY:

City of Woodland, a municipal corporation
By:

Ken Hiatt, City Manager
APPROVED AS TO FORM:

By:

Ethan Walsh, City Attorney
BORROWER:

Woodland Haven, Inc., a California nonprofit
public benefit corporation
By: ____________________________
Keri Aoki, _____________

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EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
The land described herein is situated in the State of California, County of Yolo, City of Woodland, described as follows:

Parcel One:

Lots 76 and 77, Streng Park Unit No. 2, filed April 10, 1978 in Book 10, of Maps at Pages 78, 79, 80 and 81, inclusive, Yolo County Records.

Excepting therefrom all oil, gas, minerals and other hydrocarbon substances lying below a depth of 500 feet without right of surface entry as granted to Cal Penn Builders, Inc., a California Corporation by deed recorded October 26, 1978 in Book 1334 of Official Records at Page 721, Yolo County Records.

APN: 039-471-014-000, 039-471-015-000
Parcel Two:

Lot 78, Streng Park Unit No. 2, filed April 10, 1978 in Book 10, of Maps at Pages 78, 79, 80 and 81, inclusive, Yolo County Records.

APN: 039-471-016-000

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EXHIBIT B

FORM OF PROMISSORY NOTE
Not to Exceed
$775,000____________, 2022
Woodland, California
FOR VALUE RECEIVED, WOODLAND HAVEN, INC., a California nonprofit public benefit corporation ("Maker"), having an address of 204 West Monte Vista Circle, CA 95695, promises to pay to the CITY OF WOODLAND, a California municipal corporation ("Holder"), the principal sum of SEVEN HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($775,000.00), or so much of said amount which may be advanced from time to time, with an interest rate of three percent (3%) per annum.

1. Background. This Promissory Note ("Note") is made pursuant to that certain City of Woodland Child Care Center Forgivable Loan Agreement (the "Loan Agreement"), dated ___________, 2022, by and between Maker and Holder, whereby Holder made a loan (the "Loan") to Maker, in the amount not to exceed $775,000, to pay certain costs associated with the in connection with the development and associate start-up costs of the Child Care Facility, as defined in the Loan Agreement, upon that certain Property located in the City of Woodland, California (the "Property"), as more particularly described in the Loan Agreement. This Note evidences the Loan and Maker's repayment obligations to Holder thereunder. All capitalized terms used but not defined in this Note shall have the meanings given to them in the Loan Agreement.

2. Payment.
(a) No payment shall be due under this Note for so long as the Maker is in compliance with all terms and conditions of the Loan Agreement. On each anniversary of the date of this Note as set forth above, provided that Maker is in compliance with the terms and conditions of the Loan Agreement, ten percent of the principal amount of this Note ($77,500.00) shall be forgiven. At the end of the Term, provided that Maker has remained in compliance with the terms and conditions of the Loan Agreement for the full length of the Term, the Note and all interest accrued hereunder shall be forgiven in its entirety.
(b) Maker shall have the right to prepay without penalty all or any portion of the principal amount evidenced hereunder, subject to the repayment requirements of Section 2(c).
(c) All payments and prepayments received by Holder pursuant to the terms hereof shall be applied in the following manner: first, to the payment of all expenses, charges, costs and fees incurred by or payable to Holder by Maker pursuant to the terms hereof (in such order and manner as Holder, in its sole discretion, may elect); second, to the payment of all interest accrued to the date of such payment; and third, to the payment of principal. Notwithstanding anything to the contrary contained herein,

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after the occurrence and during the continuation of an Event of Default (as hereinafter defined), all amounts received by Holder from any party shall be applied in such order as Holder, in its sole discretion, may elect.

3. Interest Rate. The principal outstanding under this Note shall accrue interest at the rate of three percent (3%) per annum beginning on the date of this Note until the date the Loan is repaid or forgiven in full. Upon forgiveness of the full principal amount of the Loan at the end of the Term, all accrued interest shall be forgiven as well.

4. Security. This Note is unsecured.

5. Events of Default. Any of the following events shall be deemed an "Event of Default" hereunder:
(a) Failure to make any payment of interest or principal on this Note when due;
(b) Maker shall fail to satisfy any obligation under this Note; (c) Maker shall become in default under the Loan Agreement, subject to any applicable cure periods set forth therein;
(e) Maker shall file a voluntary petition in bankruptcy court or such a petition shall be filed against Maker and is not dismissed within sixty (60) days after filing; or if Maker shall file any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or Maker seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of Maker or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; (f) A court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Maker seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator of Maker shall be appointed without the consent or acquiescence of Maker and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive);
(g) Maker dissolves, any member withdraws from Maker or any other termination of Maker's existence as a going concern occurs; or (h) A material adverse change occurs in Maker's financial condition or Holder believes the prospect of payment or performance of this Note is impaired.

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6. Remedies.
(a) Acceleration. Upon the occurrence of an Event of Default, and without demand on or notice to Maker or any other party, all amounts payable by Maker hereunder shall immediately become due and payable in full. (b) No Waiver. Holder's acceptance of interest at the Default Rate shall not have the effect of curing any Event of Default and shall not prejudice the right of Holder to collect any other amounts required to be paid or to declare a default under any of the "Loan Documents," as defined in the Loan Agreement. No delay or omission on the part of Holder in exercising any right or remedy under this Note or any other Loan Documents shall operate as a waiver of such right or remedy or Holder's right to exercise same at any time.

7. Default Rate. Upon the occurrence of an Event of Default, at the option of Holder, all amounts then unpaid under this Note shall bear interest from the date of default until such default is cured at a rate of interest (the "Default Rate") equal to ten percent (10%) per annum and shall be immediately due and payable. Holder's acceptance of interest at the Default Rate shall not have the effect of curing any Event of Default and shall not prejudice to the right of Holder to collect any other amounts required to be paid or to declare a default under this Note. No delay or omission on the part of Holder in exercising any right or remedy under this Note shall operate as a waiver of such right or remedy or Holder's right to exercise same at any time.

8. No Waiver. The acceptance of any payment hereunder which is less than payment of all amounts then due and payable shall not constitute a waiver of any of the rights or options of Holder or to the exercise of those rights and options at the time of such acceptance or at any subsequent time. No waiver by Holder of any right or remedy shall be effective unless in writing and signed by Holder, and no such waiver, on one occasion, shall be construed as a waiver on any other occasion. Maker waives any right of offset now or hereafter existing against Holder.

9. Time of the Essence. Time is of the essence in the performance of each provision hereof.

10. Notices. Any notice, demand, request or other communication that any party hereto may be required or may desire to give hereunder shall be in writing and shall be deemed to have been properly given (a) if hand delivered, when delivered, (b) if mailed by United States mail, certified or registered, postage prepaid, two (2) business days after mailing, or (c) if by Federal Express or other reliable overnight courier service, on the next business day after delivered to such courier service, at the address set forth below or at such other address as the party to be served with notice may have furnished in writing to the party seeking or desiring to serve notice as a place for the service of notice.

To Holder: City of Woodland
301 Main Street

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Woodland, CA 95695
Attn: City Manager
with a copy to: Best Best & Krieger LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Attn: Ethan Walsh
To Maker: Woodland Haven, Inc.
204 West Monte Vista Circle
Woodland, CA 95695
Attn: Keri Aoki
If there is more than one Maker, notice to any of them shall be deemed notice to all of them.

12. Interest Calculation. Interest hereunder for any period shall be calculated on the basis of a three hundred sixty (360)-day year and a thirty (30)-day month, and the number of days elapsed during that period.

13. Certain Waivers. Maker hereby waives for itself and any person or entity who now or may hereafter become liable with respect to this Note, to the fullest extent permitted by law, diligence, presentment, protest and demand, notice of dishonor and all other notices and demands without in any way affecting the liability of Maker and any other person or entity who now or may hereafter become liable with respect to this Note.

Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations and the right to require Holder to marshall assets.

14. Severability. Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such illegality, invalidity or unenforceability shall not affect the balance of the terms and provision hereof, which terms and provisions shall remain binding and enforceable, and this Note shall be construed as if such illegal, invalid or unenforceable provision had not been contained herein.

15. Interpretation. In this Note, the singular shall include the plural and the masculine gender shall include the feminine and neuter genders, and vice versa, if the context so requires. The captions and headings in this Note are merely for convenience and substantively are not a part of this Note.

16. U.S. Dollars. All sums payable hereunder shall be payable in the lawful money of the United States of America.

17. Governing Law. This Note is governed by the law of the State of California, without giving effect to conflicts of laws principles.

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18. Enforcement Costs. In the event of (a) any action or proceeding that involves the protection, preservation or enforcement of Holder's rights or Maker's obligations under this Note (including, but not limited to, Holder's defense of any action by Maker in connection with the loan evidenced hereby), (b) Holder's collection or enforcement without institution of litigation proceedings, or (c) Holder's participation in any proceeding which is authorized under the terms of this Note, Holder shall be entitled to payment, upon demand, from Maker of all costs and expenses associated therewith, including reasonable attorneys' fees and litigation expenses. Maker will pay Holder, upon demand, all reasonable attorneys' fees and expenses incurred in the representation of Holder in any aspect of any bankruptcy or insolvency proceeding initiated by or on behalf of Maker that concerns any of its obligations to Holder under this Note. In the event of a judgment against one party concerning any aspect of this Note, the right to recover post-judgment attorneys' fees incurred in enforcing the judgment shall not be merged into and extinguished by any money judgment. The provisions of this Section constitute a distinct and severable agreement from the other contractual rights created by this Note.

IN WITNESS WHEREOF, Maker has executed this Note as of the year and date first set forth above.

MAKER:

WOODLAND HAVEN, INC.,
a California nonprofit public benefit
corporation
By:

Name: Keri Aoki
Title:

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EXHIBIT C

FORM OF OPERATING COVENANT

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Woodland
300 First Street
Woodland, California 95695
Attn: City Manager
(Exempt from Recording Fee per Gov. Code § 6103)
(Space Above This Line for Recorder’s Office
Use Only)

CHILD CARE FACILITY OPERATING COVENANT
THIS OPERATING COVENANT ("Covenant") is made this ____ day of _____________, 202 by and among AOKI-SLAVEN FAMILY TRUST (“Owner”) and CITY OF WOODLAND (“City”).

1. Child Care Facility. Owner covenants and agrees for itself, its successors and assigns, and any successor-in-interest to the Property, which is described in Exhibit A attached hereto and incorporated herein by reference, or part thereof, that during the term of this Covenant, Owner shall only use the Property for the operation of a Child Care Facility in accordance with the terms and conditions set forth herein. If at any time the Property is not used as a Child Care Facility in accordance with this Agreement, City shall have the right, at its option, to exercise all rights and remedies available to City in law or equity including but not limited to initiating an action for specific performance of this Covenant, or exercising the City’s remedies under the Deed of Trust executed by Owner in favor of the City to secure Owner’s obligations under this Covenant.

2. Operating Covenant. In exchange for consideration provided to Owner by Woodland Haven, Inc., in exchange for which Owner agreed to enter into this Operating Covenant, Owner covenants and agrees for itself, its lessees, successors and assigns and any successor-in-interest to the Property, or part thereof, that Owner shall ensure that commencing by October 1, 2022, and for the remaining term of this Covenant a Child Care Facility shall be operated on the Property that meets the following requirements:
a. Continuous Operation. Owner covenants that commencing not later than October 1, 2022, and continuing through at least the end of the term of this Covenant, a Child Care Facility with the capacity to accept a minimum of 80 children at all times shall be open and shall operate for the full calendar year at all times consistent with the hours of operation set forth below. Any closure of the Child Care Facility for a period of greater than two continuous weeks, or ten total

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days when the facility would normally be open pursuant to Section 2.b below in any twelve month period, and subject to the force majeure provisions set forth herein, shall constitute a default under this Agreement. b. Hours of Operation. The Child Care Facility shall operate during the Term of this Covenant at least Monday through Friday (excluding State holidays as listed on the Secretary of State’s website), from 8:30 a.m. to 3:30 p.m. and offer extended care options from at least Monday through Friday (excluding State holidays as listed on the Secretary of State’s website), from 7:00 a.m. to 6:00 p.m.
c. Capacity of Child Care Facility. Commencing at the opening of the Child Care Facility and continuing during the Term of this Agreement, the operator of the Child Care Facility shall accept applications and maintain available spots in the Child Care Facility for a minimum of 80 children. City and Owner recognize that there may be less than 80 children enrolled at the Child Care Facility during the Term due to a lack of applications, but in that event the operator will keep spots open and accept applications for enrollment at all times that enrollment is less than 80 children.
d. Enrollment Priorities. During the Term of the Covenant and in acknowledgment of the consideration provided to Owner by Woodland Haven, Inc., Owner shall ensure that the Operator of the Child Care Facility shall use the following priorities in enrolling children in the Child Care Facility:
(i) Twenty percent (20%) of the available enrollment spots shall be available for households that receive child care assistance through the California Work Opportunity and Responsibility for Kids (CalWORKs) Child Care program, or an equivalent state or federal need- based child care assistance program (collectively referred to herein as “CalWORKs Recipients”). All enrollment spots set aside pursuant to this subparagraph shall remain open until filled by CalWORKs Recipients from the beginning of each enrollment period for the next academic year (in January of each year), until at least April 1 of that year. In the event that the spots set aside for CalWORKs Recipients are not filled by April 1, the operator shall notify the City in writing, including providing information documenting Borrower’s outreach efforts to solicit CalWORKs Recipients to enroll in the Child Care Facility, and thereafter may open the available spots to households other than CalWORKs Recipients. Notwithstanding the foregoing, in the event that less than 20% of the enrollment spots are held by CalWORKs Recipients at any time during the Term of this Agreement, Borrower shall give priority on the waiting list to CalWORKs Recipients until all such spots are filled. (A) The operator shall perform outreach to make
CalWORKs Recipients aware of the available spots, including but not limited to publicizing the available spots on Borrower’s

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website, notifying First Five Yolo of the available spots, and performing other outreach as reasonably recommended by City’s Community Services Department.
(ii) In addition to the spots set aside pursuant to subparagraph (a), the Owner shall ensure that the operator of the Child Care Facility shall provide priority enrollment in the remaining spots for (1) children from households residing in Woodland, and (2) households with two working parents or a one parent head of household. In implementing this priority, the operator shall make spots available to household meeting both of these priority categories first, then households residing in Woodland, then households with two working parents or a one parent head of households. To the extent that additional spots are available after administering the above priorities those spots may be filled without regard to the listed priorities, provided that thereafter if the operator establishes a waiting list, it shall utilize the above priorities in administering the waiting list.
e. Quarterly Reporting. The Owner shall ensure that the operator of the Child Care Facility shall provide the City quarterly reports within information as deemed reasonably necessary to confirm compliance with this Agreement, including information on the number of employees at the facility (part-time and full-time), the number of children enrolled at the Child Care Facility, the number of children enrolled from CalWORKs Recipients, the number of children enrolled from households residing in Woodland, and the number of children enrolled from households with two working parents or single heads of household. The form of such reports shall be reasonably agreed upon by City and the operator of the Child Care Facility.

3. Term. This Covenant shall and all obligations contained herein shall be enforceable by the City against Owner for a period of not less than ten (10) years from the date this Covenant is recorded in the Official Records of Yolo County. Provided Developer is not in Default hereunder and remains in reasonable compliance with the material terms and conditions of this Covenant on the date that is ten (10) years following recordation of this Covenant, this Covenant shall expire and be of no further force or effect, and City at the request of Owner shall within thirty (30) days thereof execute a document in recordable form removing this Covenant from title and deliver the document to Owner. Developer agrees to record the document at Developer’s cost. All documents to be recorded as herein provided shall be prepared by the Developer at Developer’s cost, and their form and content shall be subject to City’s reasonable approval.

4. Taxes. Developer shall pay, when due, (a) all ad valorem property taxes levied against the Site, (b) any special assessments or special taxes levied against the Site, (c) all taxes payable under the California Bradley-Burns Uniform Local Sales & Use Tax Laws, Revenue and Taxation Code § 7200, et seq., (d) all temporary occupancy taxes, and (e) all other taxes, any portion of which is allocated to, or received by City.

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5. Default. Any failure or delay by either party to timely perform any covenant of this Covenant shall constitute a Default under this Covenant, but only if the party who so fails or delays does not commence to cure, correct or remedy such failure or delay within thirty (30) days after receipt of a notice specifying such failure or delay, and does not thereafter prosecute such cure, correction or remedy with diligence to completion. The injured party shall give written notice of Default to the party in Default, specifying the Default complained of by the injured party. Failure or delay in giving such notice shall not constitute a waiver of any Default, nor shall it change the time of Default.

In the event of a Default, the injured party shall have all remedies available to it in law or equity, including but not limited to specific performance.

6. Force Majeure. Owner shall not be deemed to be in default of this Covenant where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control that prevent the opening or operating of the Child Care Facility in accordance with this Covenant. If any such events shall occur, the term of this Agreement and the time for performance in accordance with this Covenant may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that in the event that the circumstances causing such delay extend for more than one (1) year, Owner and City shall meet and confer to discuss amendments to this Covenant to reasonable address such changed circumstances.

7. Restrictions on Transfer.
a. Transfer Defined. As used in this section, the term "transfer" shall include any assignment, hypothecation, mortgage, pledge, conveyance, or encumbrance of this Covenant, the Site, or the improvements thereon. A transfer shall also include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Owner in the aggregate taking all transfers into account on a cumulative basis. In the event Owner or the applicable successor is a corporation or trust, such transfer shall refer to the transfer of the issued and outstanding capital stock of Owner or of beneficial interests of such trust. In the event that the applicable successor is a limited or general partnership, such transfer shall refer to the transfer of more than twenty-five percent (25%) of the limited or general partnership interest. In the event that the applicable successor is a joint venture, such transfer shall refer to the transfer of more than twenty-five percent (25%) of the ownership and/or control of any such joint venture partner, taking all transfers into account on a cumulative basis.
b. Restrictions Prior to Expiration of Covenant. Prior to expiration of this Covenant, Owner shall not transfer this Covenant or any of Owenr’s rights hereunder, or any interest in the Property or in the improvements thereon, directly or indirectly, voluntarily or by operation of law, except as provided below, without the prior written approval of City, which shall not be unreasonably

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withheld, conditioned or delayed, and if so purported to be transferred, the same shall be null and void. The City’s decision to approve or disapprove a transfer shall be final. In considering whether it will grant approval to any transfer by Developer of its interest in the Property, City shall consider factors such as (i) whether the continued operation of the Child Care Facility is jeopardized; (ii) the financial strength and capability of the proposed assignee to perform Owner’s obligations hereunder; and (iii) the proposed assignee’s experience and expertise in the planning, financing, development, ownership, and operation of similar projects.

In the absence of specific written agreement by City, prior to the expiration of this Covenant, no assignment or transfer by Owner of all or any portion of its interest in the Property or this Covenant (including without limitation an assignment or transfer not requiring City approval hereunder) shall be deemed to relieve it or any successor party from any obligations under this Agreement with respect to the operation of the Child Care Facility with respect to that portion of the Property which is so transferred. In addition, no attempted assignment of any of Owner’s obligations hereunder shall be effective unless and until the successor party executes and delivers to City an assumption agreement in a form approved by City assuming such obligations. Upon City’s approval of a transfer and the execution of an assumption agreement, Owner shall be released from all further obligations under this Covenant and the Deed of Trust securing this Covenant.
c. Exceptions.

The foregoing prohibition shall not apply to any of the following:
(1) Any mortgage, deed of trust, or other form of conveyance for financing, but Owner shall notify City in advance of any such mortgage, deed of trust, or other form of conveyance for financing pertaining to the acquisition of the Property.
(2) The conveyance or dedication of any portion of the
Property to the City or other appropriate governmental agency, or the granting of easements or permits to facilitate the development of the Property. (3) A sale or transfer resulting from or in connection with a reorganization as contemplated by the provisions of the Internal Revenue Code of 1986, as amended or otherwise, in which the ownership interests of a corporation are assigned directly or by operation of law to a person or persons, firm or corporation which acquires the control of the voting capital stock of such corporation or all or substantially all of the assets of such corporation. (4) A sale or transfer of fifty percent (50%) or more of ownership or control interest between members of the same family, or transfers to a trust, testamentary or otherwise, in which the beneficiaries consist solely of

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members of the trustor’s family, transfers to a corporation or partnership or other legal entity in which the members of the transferor’s family have a controlling majority interest of fifty-one percent (51%) or more.
[Signatures on the following page]

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82093.00013\34894869.3
28 SIGNATURE PAGE TO

OPERATING COVENANT
IN WITNESS WHEREOF, the undersigned have executed this Covenant as of the date first written above.
"CITY": CITY OF WOODLAND
Date: By:_________________________
City Manager
ATTEST:

By: ______________________
City Clerk
APPROVED AS TO FORM:

By: ________________________
City Attorney
By: (Name and Title) "DEVELOPER" WOODLAND HAVEN, INC., a California
nonprofit public benefit corporation
By:___________________________
Its:___________________________
By:___________________________
Its:___________________________

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29 EXHIBIT A

LEGAL DESCRIPTION OF SITE
[attached behind this cover page]

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EXHIBIT D

FORM OF DEED OF TRUST

RECORDING REQUESTED PURSUANT

TO GOVERNMENT
CODE SECTION 27383
When Recorded Mail To:

City of Woodland
301 Main Street
Davis, CA 95695
Attn: City Manager
________________________________________________________________________

DEED OF TRUST AND SECURITY AGREEMENT
THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") is made this ____ day of ________________ , 2022, among the AOKI-SLAVEN TRUST ("Trustor"), whose address is 204 West Monte Vista Circle, Woodland, CA 95695, [insert name of title company] ("Trustee"), whose address is [insert address of title company], and the City of Woodland ("Beneficiary"), whose address is 301 Main Street, Woodland, CA 95695.

Trustor irrevocably grants, conveys, transfers and assigns to Trustee in trust, with power of sale and right of entry and possession, all of Trustor's right, title and interest now owned or hereafter acquired in and to the real property located at 1730-1738 Cottonwood Street, Woodland, California, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference, together with all buildings, structures and improvements now existing or hereafter constructed thereon (the "Improvements") and all other property and interests of any kind or character which may be reasonably necessary or desirable to promote the present and future beneficial use and enjoyment of such real property and improvements (the "Property").

1. Secured Obligations. Trustor makes the grant, conveyance, transfer and assignment herein for the purpose of securing Trustor's obligations under that certain Child Care Facility Operating Covenant between Trustor and Beneficiary dated [insert date of Agreement] (the "Secured Obligations").

2. Maintenance and Repair. Trustor shall (a) keep the Property in good condition and repair and not remove or demolish any building; (b) complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay when due all claims for labor performed and materials furnished; (d) comply with all laws affecting the Property or requiring any alterations or improvements to be made; (e) not commit or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary.

3. Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards included with the term "extended coverage," and any other hazards for which Beneficiary requires

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insurance, and liability insurance. The insurance carrier and the insurance policies and amounts of coverage shall be acceptable to Beneficiary, the liability policy shall name Beneficiary as an additional insured, and shall require 30 days' prior notice to Beneficiary before the policy is modified or terminated.

4. Defense of Security. Trustor shall appear in and defend any action or proceeding purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall pay all costs and expenses, including costs of evidence of title and attorneys' fees, in any such action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust.

5. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before delinquency, all taxes and assessments affecting the Property, including water stock assessments; (b) when due, all encumbrances, charges and liens, with interest, on the Property, which are or appear to be prior or superior to this Deed of Trust; and (c) upon demand all costs, fees and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act provided for in this Deed of Trust, then Beneficiary or Trustee may, without obligation to do so, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation under this Deed of Trust: (i) make or do the same in such manner and to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (ii) appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (iii) pay, purchase, contest or settle any encumbrance, charge or lien which in the judgment of either appears to be senior to this Deed of Trust; and (iv) in exercising any such powers, pay allowable expenses, including attorneys' fees.

6. Reimbursement of Costs. Trustor shall pay upon demand all sums expended by Beneficiary or Trustee provided for in this Deed of Trust or allowed by law, with interest from date of expenditure at the maximum rate allowed by law.

7. No Waiver. By accepting payment of any sum after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums or declare a default for failure to pay.

8. Reconveyance. That upon written request of Beneficiary stating that the Secured Obligations have been fulfilled, and upon surrender of this Deed of Trust, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto."

9. Assignment of Rents. Trustor hereby absolutely and unconditionally assigns to Beneficiary all of the rents, issues, profits, royalties, revenues, income and other benefits (collectively, the "Rents") derived from the Property, whether now due, past due or to become due, and hereby gives to and confers upon Beneficiary, either directly or through a receiver, the right, power and authority, but not the obligation, to collect the Rents, and to sue, either in the name of Trustor or Beneficiary, for all such Rents and to apply the same to the indebtedness secured hereby in such order as Beneficiary may determine in its sole discretion. This

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assignment of Rents is intended to create and shall be construed to create an absolute assignment to Beneficiary of all of Trustor's right, title and interest in the Rents; provided, however, so long as no default exists by Trustor in the payment of any indebtedness secured hereby, or in any other covenant contained herein, or in said note or notes or in any other document evidencing or securing such indebtedness, Trustor shall have the right to collect all Rents from the Property and to retain, use and enjoy the same. Upon the occurrence of such a default, without the necessity of demand or other notice to Trustor or any other act to enforce Beneficiary's interest pursuant to this assignment, Trustor shall have no interest whatsoever in the Rents that are received by Trustor after a default, and all such Rents shall be received and held by Trustor in constructive trust for Beneficiary and delivered promptly to Beneficiary, or to a court-appointed receiver for the Property, without the necessity for further notice to, or demand upon, Trustor. Upon the occurrence of such a default and at any time thereafter during the continuance thereof, Beneficiary may, at its option, send any tenant of the Property a notice to the effect that: (a) a default has occurred; (b) Beneficiary has elected to exercise its rights under this assignment; and (c) such tenant is thereby directed to thereafter make all payments of Rents to or for the benefit of Beneficiary or as Beneficiary shall direct. Any such tenant shall be entitled to rely upon any notice from Beneficiary and shall be protected with respect to any payment of Rents made pursuant to such notice, irrespective of whether a dispute exists between Trustor and Beneficiary with respect to the existence of a default or the rights of Beneficiary hereunder. Any such tenant shall not be required to investigate or determine the validity or accuracy of such notice or the validity or enforceability of this assignment. Trustor hereby agrees to indemnify, defend and hold any such tenant harmless from and against any and all losses, claims, damages or liabilities arising from or related to any payment of Rents by such tenant made in reliance on and pursuant to such notice.

10. Default and Foreclosure. Upon default by Trustor in performance of any Secured Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale and of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record.

Beneficiary also shall deposit with Trustee this Deed of Trust and all documents evidencing the Secured Obligations and expenditures, if any, secured by this Deed of Trust. Upon default of any obligation secured by this Deed of Trust and acceleration of all sums due, if any, Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale granted in this Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924, et seq., as such statutes may be amended from time to time. Trustor waives all rights it may have to require marshaling of assets or to require sales of assets in any particular order, including any rights under California Civil Code Sections 2899 and 3433.

11. Substitution of Trustee. Beneficiary, or any successor beneficiary of the Secured Obligations or of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded and the name and address of the new Trustee.

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12. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the holder, including pledgees, of the covenants set forth in the Child Care Facility Operating Covenant whether or not named as Beneficiary herein.

13. Trustee Acceptance. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.

14. Further Assurances. Trustor shall, at its own cost and expense, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from time to time require, for better assuring, conveying, assigning, transferring, and confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter so to be, or which Trustor may be or may hereafter become bound to convey or assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, or for filing, registering, or recording this Deed of Trust. Trustor shall, on demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments, to evidence more effectively the lien hereof. Immediately upon the execution and delivery of this Deed of Trust, and thereafter from time to time, Trustor shall cause this Deed of Trust, and any security instruments creating a lien or evidencing the lien hereof upon any personal property and each instrument of further assurance, to be filed, registered, or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien hereof upon, and the title of Trustee to, the Property encumbered hereby.

15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation or other taking of all or any portion of the Property, or knowledge of any casualty damage to the Property, or damage in any other manner, Trustor shall immediately notify Beneficiary thereof. Trustor hereby authorizes and empowers Beneficiary as attorney-in-fact for Trustor to make proof of loss, to adjust and compromise any claim under the insurance policies covering the Property, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom Beneficiary's expenses incurred in the collection of such proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to incur any expense or take any action hereunder. Trustor hereby authorizes and empowers Beneficiary, at Beneficiary's option, as attorney-in-fact for Trustor, to commence, appear in and prosecute, in Beneficiary's or Trustor's name, any action or proceeding relating to any condemnation or other taking of all or any part of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or any part thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary.

The foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor

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hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to condemnation of the Property and insurance covering the Property, after the deduction of Beneficiary's expenses incurred in the collection of such amounts, at Beneficiary's option, subject to the requirements of applicable law and the provisions hereof, to restoration or repair of the Property or to payment of the sums secured by this Deed of Trust. Beneficiary shall be under no obligation to question the amount of any compensation, awards, proceeds, damages, claims, rights of action, and payments relating to condemnation or other taking of the Property or insured casualty affecting the Property, and may accept the same in the amount in which the same shall be paid. Trustor shall execute such further evidence of assignment of any awards, proceeds damages or claims arising in connection with such condemnation or taking or such insurance as Beneficiary may require.

16. Severability. If any one or more of the provisions contained in this Deed of Trust shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, but only to the extent of such invalidity.

17. Estoppel Certificate. Trustor shall, within ten (10) days of a written request from Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the sums secured by this Deed of Trust and any right of set-off, counterclaim or other defense which exists against such sums and the obligations of this Deed of Trust.

18. Due-On-Sale or Encumbrance. If all or any part of the Property, or any interest therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a corporation, partnership, trust, limited liability company or other legal entity), is sold, transferred, mortgaged, assigned, pledged, or further encumbered, whether directly or indirectly, whether voluntarily or involuntarily or by operational law, Beneficiary may, at Beneficiary's option invoke any remedies permitted by this Deed of Trust.

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The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor's address hereinbefore set forth.

TRUSTOR:

AOKI-SLAVEN TRUST
By: _______________________________
Name: ____________________________
By: ______________________________
Name: ____________________________

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i
Exhibit A
Situated in the State of California, City of Woodland, County of Yolo, and described as follows:
[insert legal description]

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ii

EXHIBIT E

CHILD CARE FACILITY BUDGET
Woodland Haven
Start-up Budget

SUMMARY BY CATEGORY
Category Budget Actual Difference
Infant Room $35,000.00 $0.00 $35,000.00
Toddler Room $30,000.00 $0.00 $30,000.00
Preschool 3-4 Room $35,000.00 $0.00 $35,000.00
Preschool 4-5 Room $35,000.00 $0.00 $35,000.00
Outdoor Budget $50,000.00 $0.00 $50,000.00
Cosmetic Rep ($4k/Class) $16,000.00 $0.00 $16,000.00
Office, Break room, & 2
Lobbies
$35,000.00 $0.00 $35,000.00
COVID cleaning $6,000.00 $0.00 $6,000.00
Admin Start-up fees $195,000.00 $0.00 $195,000.00
Security Deposit + 1st
month rent
$209,300.00 $0.00 $209,300.00
5 month rent + utilities/
operating expenses
$80,500.00 $0.00 $80,500.00
Paint interior & exterior $25,000.00 $0.00 $25,000.00
Fire System $10,000.00 $0.00 $10,000.00
Contingency Costs $13,200.00 $0.00 $13,200.00
Total: $775,000.00 $0.00 $775,000.00
***Detailed budgetary information for each category is on file with the City Community Services Department.

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RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO

PROVIDE CITY FUNDING THROUGH A FORGIVABLE LOAN FOR WOODLAND HAVEN CHILD CARE CENTER AND TO APPROPRIATE $775,000 IN FUNDING WHEREAS, the demand for child care in Woodland exceeds the availability of childcare; and
WHEREAS, a priority initiative of the City Council of the City of Woodland for 2021 and 2022 is to address community child care needs; and
WHEREAS, Woodland Haven Childcare Center plans to operate a preschool and daycare center that would serve the needs of the community; and WHEREAS, funding for this project will be provided by General Fund reserves.

NOW THEEFORE BE IT RESOLVED:

Section 1: The City Council of the City of Woodland hereby authorizes the City Manager to execute a forgivable loan agreement to provide City funding for Woodland Haven Child Care Center that includes the following terms:
a) City will provide a forgivable loan in an amount not to exceed $775,000 with a term of 10 years.
b) One-tenth ($77,500) of the loan amount will be forgiven each year that the child care center is in operation in accordance with the terms of the Agreement, with the full amount being forgiven at the end of the 10 year term.
c) Loan funds will be used for tenant improvements and start-up costs associated with opening the child care center in accordance with a budget to be approved by City staff. d) Progress on the project will proceed according to a schedule of performance with specific milestones that are included in the loan agreement, with the facility opening not later than November 1, 2022.
e) The facility will operate at least Monday-Friday 8:30 am-3:30 pm and offer extended care options for at least Monday-Friday 7:00 am-6:00 pm. f) The facility will accept a minimum of 80 children at all times commencing at opening. g) Provide priority enrollment for low income families through Cal Works or other subsidized program with a goal of achieving at least 20% enrollment from low income families.
h) The facility will provide priority enrollment to families that live in Woodland.

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i) The facility will provide priority enrollment for child care center to children from Woodland families with two working parents or one parent head of household. j) Woodland Haven will be required to provide quarterly reports to the City providing information as deemed reasonably necessary to confirm compliance with the agreement including information on the number of employees at the facility (part-time and full- time); number of children enrolled; number of children from low income families enrolled; and number of children from Woodland enrolled. k) An operating covenant ensuring continued operation of a child care facility and compliance with the terms of the loan agreement for at least ten years will be recorded against the Property on which the child care facility will be located.

Section 2: The City Attorney is hereby authorized to make clarifying and confirming changes to the Agreement.

Section 3: The Fiscal Year 2021/22 budget is hereby amended to appropriate $775,000 to the General Fund (Fund 101).

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 5th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

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Facility Site Plan

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.11
SUBJECT: Construction Contract and Construction Inspection Consultant Agreement for the Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, to:

1. Appropriate $3,485,000 in the Storm Drain Fund (221) to the Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06; and

2. Approve the Agreement Between the County of Yolo and the City of Woodland Regarding Cost Sharing Pursuant to Agreement No. 71-518 for the Yolo Bypass West Levee Outfall Culvert Replacement Project and Related Maintenance; and

6. Authorize the City Manager to execute the Memorandum of Understanding with Yoche Dehe Wintun Nation for tribal monitors for the Project.

Staff Contact:

Mark Miller, Associate Engineer - (530) 661-5968; [email protected]

Fiscal Impact:

The Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06, is included in the Capital Improvement Program which was approved by Council on June 15, 2021. Approved funding for CIP 20-06 is $500,000 and consists of $300,000 of Storm Drain Development Funds and $200,000 of Sewer Enterprise Funds. The contract award, plus 15% construction contingency, inspection costs, design, and project management results in a total project cost of $3,985,000.

Staff recommends that the City Council approve American Rescue Plan Act (ARP) revenue recovery funds to assist with funding of the project. The American Rescue Plan Act is a federal stimulus plan approved by the Congress of the United States and provides $350 billion in funds to state and local governments. The funds are eligible and intended for use by municipal utilities for projects that improve access to clean drinking water and that improve wastewater and stormwater infrastructure systems. The Yolo Bypass West Levee Culvert Replacement Project is eligible for the funds and $2,560,000 in funding is a necessary part of the overall project budget.

The culverts were originally installed by the California Department of Water Resources (DWR) in 1971 and an agreement was signed at that time specifying operations, maintenance, and replacement obligations. Agreement No. 71-518, Section 2 (h) between the Investment Operating Corporation, RD2035, City of Woodland, and Yolo County obligate the City and County to share in operation and maintenance of the culverts and to permit and fund replacement and expansion of the culverts. The entirety of the City and portions of the County drain to the Outfall Channel and Culverts. The City and County prepared a cost sharing

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methodology based on the respective capacity share of the culverts and the City is responsible for 74% of the costs and the County is responsible for 26% of the costs. The new agreement stipulates that the City and County share in the total project cost at this cost share allocation. As such, the County’s share at this time is $924,300 and includes design, permitting, awarded construction contract, environmental services, and construction management and inspection. At the end of the project, the final project costs will be shared at the 74% City and 26% County allocation.

There are no impacts to the City’s General Fund.

Background:

The entirety of the City’s storm drainage and a portion of Yolo County’s drainage outlets to the Yolo Bypass through the Outfall Channel and culverts through the Yolo Bypass West Levee (YBWL). These existing culverts were constructed around 1971 and do not meet current engineering standards for pipes through levees that protect urban areas. Additionally, storm drainage flows have increased significantly since 1971 due to development within the City and an updated understanding of regional hydrology indicates that additional capacity is needed in the culverts crossing the YBWL. Lastly, the existing culverts have corroded, partially collapsed and need to be replaced. To address these multiple deficiencies, the City will construct the Storm Drainage Outfall Channel Outlet Structure Project, CIP 20-06, which is referred to as the YBWL Culvert Replacement Project by the various agencies that authorize construction on Federal Flood Control Project levees.

Construction plans are now finalized for the Project, which is slated to break ground in Spring 2022. Multiple permits are being acquired from the various agencies that authorize construction activities on federal project levees or review construction projects for their effects on the environment. As a result, the Project will be subject to a confined construction window from May 1st to November 1st to mitigate impacts to habitat, protect select species from harm and ensure the Project is complete and the levee is restored before flood season begins. Environmental coverage for construction has been obtained under the local Yolo Habitat Conservation Plan/ Natural Community Conservation Plan and also a Streambed Alteration Agreement with the California Department of Fish and Wildlife. Cultural monitors from the Yocha Dehe Wintun Nation will also be present during levee excavation.

Discussion:

The City advertised for bids on January 13, 2022. On February 15, 2022, the City received 10 bids for CIP 20- 06 in the amounts tabulated below:

CONTRACTOR BASE BID
1 T&S Construction Co., Inc. $2,697,320.00
2 R.J. Gordon Construction,
Inc.
$3,164,305.00
3 Westcon Construction Corp $3,275,150.00
4 Suulutaaq, Inc. $3,293,530.00
5 Steelhead Constructors JV $3,454,454.00
6 Syblon Reid $3,517,000.00
7 Valentine Corporation $3,688,369.00

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8 Steve P. Rados, Inc. $3,872,000.00
9 Viking Construction Co $4,046,380.00
10 Lister Construction, Inc. $4,719,369.00

The engineer’s estimate for Project construction was $2.5 million. Staff has performed due diligence in reviewing the bids. T&S Construction, Inc. has been determined to be the lowest responsive, responsible bidder and has complied with all technical submittal requirements.

The construction contract includes completion of the project by October 31, 2022 due to permit restrictions for work on levees. The project will utilize City staff for construction management and will contract with WSP USA, Inc. for construction inspection. WSP USA, Inc. is one of the 8 firms selected by the City for on-call construction inspection through a Quality Based Selection process performed in September 2018 and is experienced with requirements for working on federal project levees. The Project will also utilize ESA for environmental services during construction to maintain compliance with the various environmental regulations, including Yolo HCP. ESA was selected through a QBS process in August 2018 and recently assisted the City on the North Regional Pond & Pump Station Project.

The Memorandum of Understanding with the Yoche Dehe Wintun Nation is a requirement of California AB 52, which requires the inclusion of tribal monitors when a project has the potential to impact cultural artifacts.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, to:

1. Appropriate $3,485,000 in the Storm Drain Fund (221) to the Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06; and

6. Authorize the City Manager to execute the Memorandum of Understanding with Yoche Dehe Wintun Nation for tribal monitors for the Project.

Prepared by: Mark Miller, Associate Engineer
Reviewed by: Tim Busch, PE, Principal Utility Civil Engineer Brent Meyer, PE, Community Development Director/ City Engineer

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Attachments:

1. Resolution

2. Cost Sharing Agreement - County of Yolo

3. Inspection Agreement - WSP Proposal

4. Environmental Monitoring Agreement - ESA Proposal

5. Cultural Monitoring Agreement - Yocha Dehe Wintun Nation MOU

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82093.00006\8679936.2
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING A CONSTRUCTION CONTRACT WITH T&S CONSTRUCTION, INC., APPROVING AN

AGREEMENT WITH YOLO COUNTY FOR PROJECT COST SHARING, APPROVING A CONSULTANT AGREEMENT WITH WSP USA, INC. FOR CONSTRUCTION INSPECTION,

APPROVING A CONSULTANT AGREEMENT WITH ESA FOR ENVIRONMENTAL

SERVICES, AND APPROVING A MEMORANDUM OF UNDERSTANDING FOR CULTURAL MONITORING WITH THE YOCHE DEHE WINTUN NATION FOR CIP 20-06,

THE YOLO BYPASS WEST LEVEE CULVERT REPLACEMENT PROJECT
WHEREAS, on November 16, 2021, the City Council approved the plans and specifications for CIP 20-06, the Yolo Bypass West Levee Culvert Replacement Project (the “Project”) and authorized advertisement for bids; and
WHEREAS, on January 13, 2022, the City of Woodland (the “City”) advertised for bids; and WHEREAS, on February 15, 2022, the City received 10 bids and T&S Construction, Inc. (“T&S”) was determined to be the lowest responsible bidder submitting a responsive bid with a base bid of $2,697,320; and
WHEREAS, the City of Woodland wishes to approve a construction contract in the amount of $2,697,320 with T&S for construction of the Project and approve a contract contingency of up to 15% ($404,598); and
WHEREAS, the City Council wishes to approve a Construction Contract with T&S Construction, Inc. and authorize its execution through adoption of this Resolution; and WHEREAS, the City wishes to appropriate $3,485,000 in Storm Drain Funds; and WHEREAS, the City wishes to use $2,625,000 in American Rescue Plan revenue recovery funds and contribute those funds to the Project; and
WHEREAS, the City wishes to enter into an agreement with Yolo County to cost share in the Project with the approval of the Agreement Between the County of Yolo and the City of Woodland Regarding Cost Sharing Pursuant to Agreement No. 71-518 for the Yolo Bypass West Levee Outfall Culvert Replacement Project and Related Maintenance (the “Agreement”); and WHEREAS, the City wishes to enter into a Memorandum of Understanding (“MOU”) with the Yoche Dehe Wintun Nation for cultural monitoring for the Project; and WHEREAS, the City Council wishes to approve the Agreement and the MOU and authorize their execution through the adoption of this Resolution; and

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82093.00006\8679936.2
WHEREAS, the City Council wishes to approve a consultant agreement with WSP USA, Inc. for construction inspection services for an amount up to $165,000 and approve a contract contingency of up to 10% ($16,500); and
WHEREAS, the City Council wishes to approve a consultant agreement with Environmental Science Associates for environmental services for an amount up to $77,877 and approve a contract contingency of up to 10% ($7,787).

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:

Section 1. The City Council hereby authorizes an appropriation of $3,485,000 in the Storm Drain Fund (221) to the Yolo Bypass West Levee Culvert Replacement Project CIP 20-06.

Section 2. The City Council hereby approves the Agreement Between the County of Yolo and the City of Woodland Regarding Cost Sharing Pursuant to Agreement No. 71-518 for the Yolo Bypass West Levee Outfall Culvert Replacement Project and Related Maintenance. The City Manager is hereby authorized and directed to execute the Agreement, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and confirming changes.

Section 3. The City Council hereby approves the Construction Contract with T&S Construction, Inc. in the amount of $2,697,320 and approves a fifteen percent (15%) construction contingency of up to $404,598. The City Manager is hereby authorized and directed to execute the contract, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and confirming changes so long as the total dollar amount authorized herein does not change.

Section 4. The City Council hereby authorizes the City Manager to approve a consultant agreement with WSP USA, Inc. for construction inspection services for an amount up to $165,000 and a ten percent (10%) contract contingency in an amount up to $16,500.

Section 5. The City Council hereby authorizes the City Manager to approve a consultant agreement with Environmental Science Associates for environmental services for an amount up to $77,877 and a ten percent (10%) contract contingency in an amount up to $7,787.

Section 6. The City Council hereby approves the Memorandum of Understanding with the Yoche Dehe Wintun Nation for cultural monitoring. The City Manager is hereby authorized and directed to execute the MOU, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and confirming changes.

PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

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82093.00006\8679936.2
ABSTAIN:
______________________________
Mayra Vega, Mayor
ATTEST:
_____________________________
Ana B. Gonzalez, City Clerk

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1 Agreement No.

Agreement Between the County of Yolo and the City of Woodland Regarding Cost Sharing Pursuant to Agreement No. 71-518 for the Yolo Bypass West Levee Outfall Culvert Replacement Project and Related Maintenance

This Agreement (“Agreement”) is entered into this day of , 2022 by and between the County of Yolo (“County”) and the C ity of Woodland (“City”) (each individually a “Party” and collectively the “Parties”).

RECITALS

A. WHEREAS , the Parties entered into various agreements, incl uding Agreement No. 70-274 and 71-518, related to storm drainage fa cilities stemming from a 1969 settlement agreement (Agreement No. 69-155); and
B. WHEREAS , the Parties entered into Agreement No. 13-74 in 2 013 to resolve cost sharing allocation for maintenance of the stor m drainage facilities covered by Agreement No. 70-274; and
C. WHEREAS, the City’s Outfall Channel runs along the south sid e of the Cache Creek Settling Basin and flows east into the Yolo B ypass, the Tule Canal, and the Sacramento River and includes three existing culverts in the portion of the Outfall Channel that conveys City and County drainage to the Yolo Bypass; and
D. WHEREAS, Agreement No. 71-518 dated October 26, 1971, which is attached hereto as Exhibit A and incorporated herein by reference as if fully s et forth herein, provides that the Parties will “make necessary applications to obtain permission for the installation of additional pipe or pipes through the West Levee of the Yolo Bypass at such time as the existing pipes are no longer sufficient for the transmission of the drainage waters in said canal through the bypass levee, and shall install such pipes together with necessary control devices, diversion boxes, and all necessary appurtenances, the cost of installation of said pipe to be borne by City and County;” and
E. WHEREAS, the three existing 48-inch diameter corrugated metal culverts located in the City’s Outfall Channel to convey drainage to the Yolo Bypass are identified as “the pipes” in section 2(h) of Agreement No. 71-518 and are her eafter referred to in this Agreement as the “Outfall Culverts;” and
F. WHEREAS, the Outfall Culverts, installed in approximately 19 71, are at the end of their useful lives and are in need of immediate replacement because they no longer meet Federal and State requirements for pipe penetrations through levees; and G. WHEREAS , the existing three 48-inch diameter Outfall Culve rts are no longer sufficient for the transmission of drainage waters as described in the City’s 2017 Storm Drain Facilities Master Plan, and the existing Outfall Culverts do not meet County or City storm drainage requirements; and

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2 H. WHEREAS , the City has initiated the design, environmental review, and permitting of the replacement Outfall Culverts to m eet current and future drainage needs and to address Federal and State levee requirements with the Yolo Bypass West Levee (YBWL) Outfall Culvert Replacement Project, City CIP Project 20-06 (“Project”) and has further solicited bids for construction of the Project; and
I. WHEREAS, the Project will replace three current 48-inch dia meter Outfall Culverts with five 72-inch reinforced concrete pipe (RCP) culverts, which have been designed by the City to accommodate increased urban runoff as a result of anticipated increases in City development under it General Plan buildout conditions; and J. WHEREAS , the Parties have prepared a cost allocation analysis to proportionately allocate costs for the Project, resulting in the fo llowing cost allocation: County is responsible for 26% of design, permitting, and construction costs a nd the City is responsible for 74% of design, permitting, and construction costs.

K. WHEREAS, the total estimated Project cost, including design, permitting, and construction, is $3,555,000 and with the agreed upo n Project cost allocation, the County cost is estimated at $924,300 and the City cost is estimate d at $2,630,700, which amounts shall be adjusted based upon actual costs, but will follow t he 26% County/74% City cost allocation percentages, subject to the County’s Maximum Payment Obligation as defined herein; and L. WHEREAS , the City will maintain the Project’s Outfall Chan nel and Outfall Culverts on an ongoing basis and has calculated tha t the present worth of such on-going maintenance is $146,000, of which the County’s proportional share is $38,000 (to be paid via one- time payment as provided herein) and the City’s proportional share is $108,000; and NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals set forth above, and all defined terms in such recitals and in the introductory paragraph pre ceding the recitals, are hereby incorporated into this Agreement as if set forth in full.

2. Project Construction.
a. City shall be solely responsible for causing the Pr oject to be constructed to meet current and future drainage needs and to ad dress Federal and State levee requirements as set forth in Exhibit B (“Project”). City shall be responsible for all Pr oject construction and payment of all Project-related costs, including com pletion of environmental review, obtaining any required permits or other approvals necessary t o complete Project construction, and compliance with other applicable laws related to Project construction. b. County’s sole obligation with respect to the Project is contribution of the funding specified in Sections 4 and 5 of this Agreement.

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3 3. Project Costs. The Parties anticipate that the Pro ject will cost a total of $3,555,000, based on the “Preliminary Budget” as se t forth in Exhibit C , for the Project. The City shall not incur Project costs in excess of $3,555,000 amount listed herein without the prior approval of the County, which shall not be unreasonably withheld.

4. Project Reimbursement
a. County shall, upon application of the City for paym ent, reimburse City for twenty six percent (26%) of all costs incurred by the City in connection with construction of the Project; provided however, that County’s payment obligation for the Project shall not exceed $1,016,730 (“County’s Maximum Payment Obligation”). County, h owever agrees that it will reasonably consider a higher payment maximum if Project costs change, subject to the approval of the County’s Board of Supervisors. The County’s Maximum Payment Obligation excludes the County’s maintenance payment obligations specified in Section 5. b. The City shall submit an invoice to the County for County’s 26% share of the amount of the Project’s construction contract and design and permitting costs to date. Upon completion of the Project, the City shall submit to the County a final invoice for any remaining amount owed by County to City for the total Project costs, subject to the County’s Maximum Payment Obligation. The final invoice shall enumerate the total costs in each category outlined in the Preliminary Budget. City shall provide backup documentation for such costs as reasonably requested by the County.

5. Maintenance. The City shall operate and maintain t he Project and the Outfall Channel. County shall pay City an additional one-time sum of $38,000 upon completion of the Project through the Term of this Agreement for all future, on-going operations and maintenance of the Outfall Channel and the Project’s Outfall Culverts. The City shall invoice the County for this additional $38,000 payment concurrently with the invoice submitted by City to County upon completion of the Project, as described above. Mai ntenance activities include regular maintenance activities (e.g., ordinary wear and tear maintenance) and replacement of flap gates, but does not include non-routine maintenance involving significant improvements to the Outfall Channel or Outfall Culverts, such as (by way of ill ustration and not by limitation) future major structural repairs or modifications required by fut ure Federal or State regulations. County and City shall cooperate in good faith with respect to determining a proportional cost-share of any maintenance that the Parties determines is outside of the scope of the regular on-going operation and maintenance costs for the Project.

6. Method of Payment. County shall pay City for all am ounts owing under this Agreement within thirty (30) days of receipt of an invoice from City.

7. Term. The term of this Agreement shall be from the date that it is duly approved and fully executed by the governing bodies of the City and the County and continue until such time as the Outfall Culverts constructed pursuant t o the Project are no longer in use by either Party. The Parties expressly reserve the right to revisit the appropriate cost-share for any future culvert projects or operation and maintenance of th e Outfall Channel after the term of this Agreement has expired.

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4 8. Waiver of Past Due Amounts Owed, if any, for City’s Prior Outfall Channel/Outfall Culvert Maintenance. The Parties intend for the Agreement to be a full and final resolution of all claims arising from the City’s maintenance of the Outfall Channel and Outfall Culverts prior to the date of this Agreement or Agreement No. 71-518, notwithstanding any potential later-discovered facts or information. Accordingly, each Party assumes the risk of unknown and unanticipated facts and claims, and hereby specifically waives any and all protection of California Civil Code Section 1542, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT

THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR

SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR

HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH DEBTOR OR THE RELEASED PARTY.

Each Party represents that it has consulted with counsel, is fully informed on the consequences of the full and final waiver encompassed herein, and knowingly waives any protections of California Civil Code Section 1542, or any similar provisions of common or statutory law. The provisions of this Section shall survive the expiration or termination of this Agreement.

The waiver and release in this Agreement does not affect the mutual waivers and releases provided in Agreement No. 13-74.

9. Fees and Assessments. Nothing in this Agreement lim its or otherwise affects the legal authority of the Parties to establish or amen d fees, assessments, taxes, or’ other charges imposed.

10. Effect on Agreement No. 71-518. Except to the exten t set forth herein, the provisions of the Agreement No. 71-518 shall remain in full force and effect according to the terms of Agreement No. 71-518.

11. Indemnification. No Party, nor any officer or empl oyee of a Party, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by another Party under or in connection with this Agreement. The Parties further agree, pursuant to Government Code section 895.4, that each Party s hall fully defend, indemnify, and hold harmless the other Party and its agents, officers, employees and contractors from and against all claims, damages losses, judgments, liabilities, exp enses and other cost (including litigation cost and attorney fees), arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by the indemnifying Party under this Agreement.

12. Amendments. Modifications or amendments to the term s of this Agreement shall be in writing and executed by both Parties.

13. Notices. All notices, letters, and other communicat ions under this Agreement

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5 from one Party to the other will be mailed, first c lass, hand delivered, or emailed followed by delivery of the original documents to the address shown. Either Party may change its address at any time by providing written notification to the other Party.

If to City:

City of Woodland
300 First Street
Woodland, CA 95695
Attn: City Manager
[email protected] ; [email protected]

If to the County of Yolo:

County of Yolo
625 Court Street, Room 202
Woodland, CA 95695
Attn: County Administrator
[email protected] ; [email protected]

No change of address shall be binding upon the other Party hereto until such Party receives, at the address shown herein, written notice thereof. All notices shall be in English and shall be effective upon receipt.

14. No Third-Party Beneficiaries. There are no intended third-party be neficiaries of any right or obligation or either party to this Agreement.

15. Jurisdiction. Any lawsuit, action, or other proceed ing arising from this Agreement shall be brought in a California state court located in the County of Yolo, California.

16. Successors and Assigns. This Agreement may be assig ned with the consent of the other Party. It shal1 be binding upon and inure to the benefit of the Parties and their respective successors and assigns. No assignment or delegation of the obligation to make any payment or reimbursement hereunder will release the assigning party without the prior consent of the other Party.

17. Severability. If any provision of this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain in full force and effect; provided that if any material obligation or benefit under this Agreement is deemed invalid or unenforceable, the Parties shall negotiate in good faith to amend the Agreement to implement the intent of the Parties.

[signatures on following page]

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6 CITY OF WOODLAND

By
Mayra Vega, Mayor

Attest:

By
Ana Gonzalez, City Clerk

Approved as to Form:

Best Best & Krieger, LLP

By
Ethan Walsh, City Attorney

COUNTY OF YOLO

By
Angel Barajas, Chair
Board
of Supervisors

Attest:

Julie Dachtler, Senior Deputy Clerk

By
Deputy (Seal)

Approved as to Form:

By
Philip J. Pogledich, County Counsel

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Exhibit A

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Exhibit B

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Page 119 ends

PAGE 1 OF 7
Approved: _________________________ Date: 2/18/2022 Basis For Estimate
1 WSP Task Order contract expected to start May 2022 and end in November 2022. 2 Construction expected to begin May 2022 and end November 2022. 3 Based on half time inspection and CM/administrative support as identified in this proposal. 4 QA level material testing and surveying services.
5 Rate escalations of 3.5% occur annually (with concurrence) in January and are included in this proposal. 6 WSP will utilize our Sacramento Office for this work. No field office needed. 7 Based on available Plans, Specifications and Permits. 2/18/2022
To:

FOR

COST PROPOSAL
City of Woodland
CIP 20-06, Yolo Bypass West Levee Culvert Replacement Project City of Woodland
On-Call Professional Municipal Engineering Services
From:

Draft

Page 120 ends

City of Woodland PAGE 2 OF 7
CIP 20-06, Yolo Bypass West Levee Culvert Replacement Project WSP

COST PROPOSAL SUMMARY
1) BURDENED LABOR COSTS (Includes Profit)
REGULAR TIME $103,336
OVERTIME $0
PREMIUM TIME $0
SUBTOTAL $103,336 Est.
2) SUBCONSULTANTS:

QA Material Testing (Blackburn Consulting) $35,000 Est
QA Surveying (Laugenour & Meikle) $15,000 Est
3) MISCELLANEOUS EXPENSES $10,774
SUBTOTAL $10,774
TOTAL CONTRACT AMOUNT: $164,109.65
4) ADDITIONAL SERVICES (None)
Draft

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City of Woodland PAGE 3 OF 7
CIP 20-06, Yolo Bypass West Levee Culvert Replacement Project WSP

WSP STAFFING SCHEDULE
(REGULAR TIME HOURS - ENTIRE TEAM)
YEAR:

PRECONSTRUCTION

CONSTRUCTION

POSTCONSTRUCTION
MONTH: J F M A M J J A S O N D J J A S O N D
POSITION NAME FIRM 1 2 3 4 5 6 7 8 9 10 11 12 6 7 8 9 10 11 12

TOTAL HOURS
Project Manager/RE Bob Nichols, CCM WSP 8 8 8 8 8 8 16 64 Certificatiopn Manager Mark Winter, PE WSP 4 4 4 4 4 4 24 48 Intern TBD WSP 0
Project Administration Kavleen Kaur WSP 1 1 1 1 1 1 1 7 Senior Inspector* Bo Peterson WSP 80 80 80 80 80 80 80 560 Inspector* Taiwo Gray WSP 0
679
20232022
Draft

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City of Woodland PAGE 4 OF 7
CIP 20-06, Yolo Bypass West Levee Culvert Replacement Project WSP

WSP LABOR COSTS
(REGULAR TIME)

POSITION NAME FIRM
Project Manager/RE
Bob Nichols,
CCM WSP 64 $223 $14,272 0 $231 $0
Certificatiopn Manager Mark Winter, PE WSP 48 $258 $12,384 0 $267 $0 Intern TBD WSP 0 $49 $0 0 $51 $0
Project Administration Kavleen Kaur WSP 7 $120 $840 0 $124 $0 Senior Inspector* Bo Peterson WSP 480 $158 $75,840 0 $164 $0 Inspector* Taiwo Gray WSP 0 $156 $0 0 $161 $0
TOTALS: 599 103,336 0 0
Total $103,336
2023
TOTAL
HRS

BURDENED
RATE

BURDENED

WAGE COST
2022

TOTAL HRS

BURDENED
RATE

BURDENED

WAGE COST
Draft

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City of Woodland PAGE 5 OF 7
CIP 20-06, Yolo Bypass West Levee Culvert Replacement Project WSP

WSP STAFFING SCHEDULE
(OVERTIME HOURS - ENTIRE TEAM)
YEAR:

PRECONSTRUCTION

CONSTRUCTION

POSTCONSTRUCTION
MONTH: J F M A M J J A S O N D
POSITION NAME FIRM 6 7 8 9 10 11 12 1 2 3 4 5

TOTAL HOURS
Project Manager/RE Bob Nichols, CCM WSP 0
Intern TBD WSP 0
Project Administration Kavleen Kaur WSP 0
Senior Inspector* Bo Peterson WSP 0
Inspector* Taiwo Gray WSP 0
2022
Draft

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City of Woodland PAGE 6 OF 7
CIP 20-06, Yolo Bypass West Levee Culvert Replacement Project WSP

WSP LABOR COSTS
(OVERTIME)

POSITION NAME FIRM
Project Manager/RE
Bob Nichols,
CCM WSP 0 $215 $0
Certificatiopn Manager Mark Winter, PE WSP 0 $249 $0
Intern TBD WSP 0 $47 $0
Project Administration Kavleen Kaur WSP 0 $116 $0
Senior Inspector* Bo Peterson WSP 0 $195 $0
Inspector* Taiwo Gray WSP 0 $186 $0
TOTALS: 0 0
2022

TOTAL HRS BURDENED RATE

BURDENED

WAGE COST
Draft

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City of Woodland PAGE 7 OF 7
CIP 20-06, Yolo Bypass West Levee Culvert Replacement Project WSP
UNIT
UNIT QTY COST ($) SUBTOTAL ($) TOTAL ($)

A) FIELD COSTS
(Includes vehicles lease and O & M; mobile phones; digital cameras; video recorder; field, survey and safety equipment.) Total Hours for Field CM Staff
Project Manager/RE Bob Nichols, CCM Hours 64 $14 $896
Certificatiopn Manager Mark Winter, PE Hours 48 $0
Intern TBD Hours 0 $0
Project Administration Kavleen Kaur Hours 7 $0
Senior Inspector* Bo Peterson Hours 560 $14 $7,840
Inspector* Taiwo Gray Hours 0 $14 $0
$8,736

B) OFFICE COSTS
Computers Hour 679 $0.35 $238
Miscellaneous Supplies Month 6 $250 $1,500
Printing Month 6 $50 $300
$2,038
$10,774

TOTAL DIRECT EXPENSES

WSP ESTIMATED MISCELLANEOUS EXPENSES
Draft

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February 23, 2022

Tim Busch, Principal Utilities Civil Engineer
City of Woodland
Community Development Department
300 First Street
Woodland, CA 95695

Subject: Proposal for Yolo Bypass West Levee Culvert Replacement Project

Dear Mr. Busch:

Environmental Science Associates (ESA) is pleased to submit this proposal for environmental services for the Yolo Bypass West Levee Culvert Replacement Project (Project), located in the City of Woodland, California.

ESA understands that the City of Woodland (City) is a participant of the Yolo Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP, 2018). This proposal includes a scope of work and cost estimate for plans, preconstruction surveys and monitoring requirements associated with the HCP/NCCP avoidance and mitigation measures (AMMs) specific to the Project, Project permit conditions, and mitigation monitoring program measures.

The Project site is located at Latitude 38.67754°, Longitude -121.672873°. The Project is limited to removal of three existing 48-inch culverts (Culverts 1, 2, and 3) and construction of a single cast-in-place concrete culvert to replace. The total construction area including access and staging areas is approximately 3 acres. The Project elements include clear and grub, staging areas, a coffer dam construction and dewatering, a temporary bypass system if flows are higher than expected, excavation and demolition, culvert construction, and cleanup and restoration. The Project is expected to be completed during a six-month construction period.

Scope of Work
Task 1 – Restoration Plan
ESA will prepare a brief (under 20 pages) Restoration Plan to satisfy Conditions 2.10 and 2.15 of the Streambed Alteration Agreement. The Restoration Plan will include a palette of native species suitable for establishing cover, soil stability, and compatibility with surrounding habitat types. Two comment-response cycles (draft and final) are assumed.

Deliverables:
• One (1) Draft and one (1) Final Restoration Plan

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Task 2 – Giant Garter Snake Relocation Plan
ESA will prepare a brief (less than 20 pages) GGS Relocation Plan to satisfy BIO-9 and AMM-15. The GGS Relocation Plan must be approved by the Conservancy prior to work in giant garter snake habitat. Two comment- response cycles (draft and final) are assumed.

Deliverables:
• One (1) Draft and one (1) Final Giant Garter Snake Relocation Plan Task 3 – Worker Environmental Awareness Training
A qualified ESA biologist will present a worker environmental awareness program (WEAP) training in a pre- recorded video presentation approved by the Conservancy. The training will provide education regarding sensitive natural communities and covered species and their habitats, the need to avoid adverse effects, state and federal protection, and the legal implications of violating the federal Endangered Species Act and NCCPA permits. Species will include giant garter snake, western pond turtle, and migratory birds and birds of prey including Swainson’s hawk, white-tailed kite, burrowing owl, least Bell’s vireo, and tricolored blackbird. This task assumes that one (1) in-person training or video meeting will be performed, and a video presentation will be provided to other newly-arriving crew members in lieu of in-person WEAP trainings thereafter.

Deliverables:
• WEAP video (digital format) to the City
Task 4 – Notifications and CNDDB Forms
ESA will provide draft email notifications to the City according to Streambed Alteration Agreement Conditions

3.1 and 3.2. California Natural Diversity Database (CNDDB) field survey forms will be submitted for rare species observations in accordance with SAA Condition 3.3. It is assumed that 3 CNDDB forms may be needed through the construction phase.

Deliverables:
• Two (2) draft email notifications to the City to be used for project initiation and completion • CNDDB field survey forms to be submitted to CDFW, as needed

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February 23, 2022

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Task 4.1 – Preconstruction Nesting Bird Survey
Qualified ESA biologists will conduct a general nesting migratory bird survey and protocol-level preconstruction surveys during the 2 recommended survey periods for the nesting season that coincide with the commencement of construction activities, in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Recommended Timing) (Swainson’s Hawk Technical Advisory Committee, 2000). The Recommended Timing states that surveys should be complete for at least 2 survey periods immediately prior to the project’s initiation. Survey periods include: 1) January through March 20 (all day); 2) March 20 to April 5 (sunrise to 10 am and 4 pm to sunset); 3) April 5 to April 20 (sunrise to 12 pm or 4:30 pm to sunset); and 4) April 21 to June 10, but only for monitoring known nest sites observed during previous survey periods. ESA assumes that no active Swainson’s hawk or white-tailed kite nests will occur in trees proposed for removal or pruning. ESA could provide agency coordination if an active nest occurs within 1,320 feet of construction and a reduced buffer is necessary following receipt of a contract modification. ESA assumes that the 2 surveys will be sufficient in confirming presence or absence of nesting activity prior to commencement of construction. If additional consultation or monitoring is required, these services may be provided on a time-and- materials basis.

Qualified ESA biologists will conduct one visual survey to verify presence or absence of burrowing owls within 500 feet around the project site, where access is permitted. This survey will be completed in conjunction with the general migratory bird survey. In addition, ESA will conduct preconstruction surveys within 24 hours prior to start of ground disturbing activities. The results of the preconstruction surveys will be documented in a letter report. This task assumes that no burrowing owls will be observed within 500 feet of the project footprint. If burrowing owls are observed within 500 feet, an Avoidance, Minimization, and Monitoring Plan is required or if an active nest is identified within the footprint and would be destroyed, a Mitigation Plan is required. ESA can conduct this work on a time-and-materials basis if required.

Qualified ESA biologists will conduct one nesting least Bell’s vireo survey to verify presence or absence of active nests within 500 feet around the project site, where access is permitted. This survey will be completed in conjunction with the general migratory bird survey. In addition, ESA will conduct preconstruction surveys within 24 hours prior to start of ground disturbing activities. The results of the preconstruction surveys will be documented in a letter report. This task assumes that no least Bell’s vireo nests will be observed within 500 feet of the project footprint. If a least Bell’s vireo nest is observed within 500 feet of the project footprint, then additional consultation and monitoring may be required. These services may be provided on a time-and-materials basis.

Qualified ESA biologists will check records maintained by the Conservancy to determine if tricolored blackbird nesting colonies have been active in or within 1,320 feet of the project footprint during the previous 5 years. If no records occur, ESA will conduct visual surveys to determine if an active colony is present between March 1 and

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July 30. This task assumes that no active colony is present within the last 5 years and will be based on negative survey findings within 1,320 feet of the project footprint. Coordination with the Conservancy, USFWS, and CDFW is required to request a reduced buffer if a nesting colony is observed within the 1,320-foot buffer. If required, ESA can provide these additional services on a time-and-materials basis.

Deliverables: One letter report (electronic) documenting the pre-construction surveys within the recommended timing to the City
Task 6 – Preconstruction Giant Garter Snake and Western Pond Turtle Surveys ESA qualified biologists will conduct clearance surveys for giant garter snake (GGS) using USFWS (1997) protocol within 24 hours prior to construction activities. This survey will also serve as a pre-construction survey for western pond turtle (WPT). If construction activities stop for 14 days or more, another preconstruction survey will be required within 24 hours of resuming construction activities. The results of the survey will be documented in a letter report within 14 days of the clearance survey. ESA assumes up to 3 days of clearance surveys: 1 day associated with the initial ground disturbance and dewatering, and 2 additional and optional days in the event that construction lapses for more than 14 days.

This task assumes that there is a likelihood of GGS and WPT within the disturbance area and that full-time monitoring will be necessary during initial ground disturbance and setup of dewatering activities. Therefore, qualified ESA biologists will monitor all initial ground disturbing activity for GGS and WPT and will move any individuals, eggs, or hatchlings out of harm’s way, if present. If construction does not commence within 14 days, or halts for more than 14 days, an additional survey is required prior to starting work. The results of the preconstruction surveys and monitoring will be documented in a report within 14 days of the monitoring. This scope assumes up to 3 preconstruction surveys and up to 5 days of monitoring for ground disturbance and dewatering.

Deliverables:
• GGS and WPT report (electronic) to the City
Task 7 – Buffer Zones Support
After pre-construction surveys are completed, ESA will provide the City with information including maps and coordinates for any necessary buffer zones. One (1) field visit to review the information onsite with construction personnel is assumed. If exclusion fencing is necessary, ESA will check the temporary fencing during weekly monitoring (see Task 5, below) and throughout the duration of the project to ensure that fencing is maintained and effective. ESA will prepare an inspection form as a template to document the work associated with Tasks 1 and 2. This task also satisfies AMM 9 Implementation and AMM 10 Implementation. ESA assumes up to 10 fence inspections.

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Deliverables:
• Maps and geoinformation of buffers (electronic) to the City Task 8 – Biologist Approvals and Monitoring Forms
Any biological work will be performed by qualified biologists approved by Yolo HCP/NCCP. ESA will compile biologist qualifications for submittal and approval under the HCP/NCCP. ESA will also develop a specific inspection form for use in standardization of compliance monitoring reporting and semi-automation of summary data or any other necessary reporting. The inspection form will include applicable measures that need to be checked and tracked for reporting.

Deliverables:
• Compiled biologist qualifications to the City
• Inspection form template (electronic) to the City
Task 9 – Compliance Monitoring and Weekly Construction Coordination ESA will provide both full-time compliance monitoring and weekly spot checks as necessary. Weekly construction coordination is assumed, either during a scheduled weekly meeting or directly between ESA and the City or their construction contractor. Full time monitoring is assumed during initial ground disturbance and during dewatering set up, for a total assumed duration of 10 working days. Spot monitoring is assumed weekly during the remainder of the 22 week work window identified in the Streambed Alteration Agreement. Each inspection event or site visit (full-time or spot monitoring, or an emergency on-call need) will be represented by a single inspection form for that day.

Deliverables:
• Inspection forms (electronic) for each site inspection event to the City Task 10 – On-call Qualified Biologist for Trapped Wildlife A qualified ESA biologist will conduct site visits as needed to remove and release any wildlife found trapped in open holes or trenches during routine inspections conducted by crew members. This scope assumes up to 12 hours of on-call biological work to address trapped wildlife.

Deliverables:
• Inspection forms (electronic) as needed to the City

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General Assumptions:
• Any biological work will be performed by qualified biologists approved by Yolo HCP/NCCP. • ESA will combine surveys where feasible. It is assumed that these surveys will not result in new species detections where noted.
• ESA assumes that ground-breaking activities would commence as early as May 1, 2022 and will end on November 1, 2022.
• The City will provide ESA with access to the project site. • The City will provide ESA will updated schedules within 5 days prior to modification of work activities.

Costs
The estimated costs for completing Tasks 1-10 is summarized in the table below and a detailed spreadsheet is included as an attachment.

Task Cost

1. Restoration Plan $5,140

2. Giant Garter Snake Relocation Plan $4,100

3. Worker Environmental Awareness Training $3,860

4. Notifications and CNDDB Forms $2,740

5. Preconstruction Nesting Birds Survey $5,920

6. Preconstruction Giant Garter Snake and Western Pond Turtle Surveys $3,860

7. Buffer Zones Support $2,050

8. Biologist Approvals and Monitoring Forms $4,740

9. Compliance Monitoring and Weekly Construction Coordination $37,000

10. On-call Qualified Biologist for Trapped Wildlife $2,040 Reimbursable/Equipment Expenses $4,284
Total $77,877

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Mr. Busch
February 23, 2022

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Thank you for the opportunity to present this proposal. We are prepared to begin work immediately upon receipt of a signed agreement or notice to proceed. Should you need additional information or have any questions, please do not hesitate to call me at (661) 886-8088.

Sincerely,

Jeff Trow
Principle Biologist

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Table 1: Cost Proposal for Yolo Bypass West Levee Culvert Replacement ESA Labor Detail and Expense Summary
2021 Employee Billing Rates

Rachel Brownsey Eryn Pimentel
Jon Waggoner Jeff Trow Joseph Huang
Labor CategorySenior Director
III
Senior Director
II Senior Director I Director III Director II Director I Managing
Associate III
Managing
Associate II
Managing
Associate I
Senior
Associate III
Senior
Associate II
Senior
Associate I Associate III Associate II Associate I Subtotal Project
Technician III
Project
Technician II
Project
Technician I Subtotal Total Hours Labor Price
Task # Task Name/Description 325$ 300$ 275$ 260$ 245$ 225$ 220$ 205$ 190$ 185$ 170$ 160$ 145$ 135$ 115$ 130 $ 110$ 90$

1.0 Restoration Plan 1 16 8 5,140$ -$ 25.00 5,140$

2.0 Giant Garter Snake Relocation Plan 1 2 20 4,100$ -$ 23.00 4,100$

3.0 Worker Environmental Awareness Training 1 4 16 3,860$ -$ 21.00 3,860$

4.0 Notifications and CNDDB Forms 1 2 12 2,740$ -$ 15.00 2,740$

5.0 Preconstruction Nesting Bird Surveys 2 6 24 5,920$ -$ 32.00 5,920$

6.0 Preconstruction Giant Garter Snake and Western Pond Turtle Surveys 1 4 16 3,860$ -$ 21.00 3,860$

7.0 Buffer Zones Support 0.5 1 10 2,050$ -$ 11.50 2,050$

8.0 Biologist Approvals and Monitoring Forms 1 8 16 4,740$ -$ 25.00 4,740$

9.0 Compliance Monitoring and Weekly Construction Coordination 6 22 180 37,000$ -$ 208.00 37,000$

10.0 On-call Qualified Biologist for Trapped Wildlife 12 2,040$ -$ 12.00 2,040$ -$ -$ - -$ Total Hours - - - 15 - - 65 - - - 314 - - - - 394 - - - 0 394 Total Labor Costs -$ -$ -$ 3,770$ - $ -$ 14,300$ - $ -$ -$ 53,380$ - $ -$ -$ -$ 71,450$ -$ -$ -$ -$ 71,450$ Percent of Effort - Labor Hours Only 0.0% 0.0% 0.0% 3.7% 0.0% 0.0% 16.5% 0.0% 0.0% 0.0% 79.8% 0.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Percent of Effort - Total Project Cost 0.0% 0.0% 0.0% 4.8% 0.0% 0.0% 18.4% 0.0% 0.0% 0.0% 68.5% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 91.7% ESA Labor Cost 71,450 $
Labor Cost Communication Fee 3% 2,144 $
ESA Non-Labor Expenses
Reimbursable Expenses (see Attachment A for detail) 4,284$ ESA Equipment Usage (see Attachment A for detail) -$
Subtotal ESA Non-Labor Expenses 4,284 $
Subconsultant Costs (see Attachment B for detail) -$
PROJECT TOTAL 77,877 $
Employee Names
H:Z:\Shared\Proposals\2022\NC\P202200108.00 - Yolo Bypass West Levee Culvert Replacement Project\00 Working Files\Proposal\Standard Cost Estimate Template_YBWLculvert_jlh-ESA Labor Cost & Project Total

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Attachment A
Cost Proposal: ESA Non-Labor Expenses Summary
-$
-$
-$
-$
3,725$
-$
-$
-$
-$
-$
-$
-$
Subtotal Reimbursable Expenses 3,725 $
15% Fee on Reimbursable Expenses 559 $
Total Reimbursable Expenses 4,284 $
ESA Equipment Usage
General Equipment:

Company Vehicle Usage - $
HP Plotter - $
Computer Time (GIS) - $
Trimble GPS - $
Tablet GPS - $
Laser level - $
Garmin GPS or equivalent - $
Laptop Computers - $
LCD Projector - $
Noise Meter - $
Electrofisher - $
Sample Pump - $
Surveying Kit - $
Total Station Set - $
Field Traps - $
Digital Planimeter - $
Cameras/Video/Cell Phone - $
Miscellaneous Small Equipment - $
Stilling Well/Coring Pipe (3 inch aluminum) - $
Hydrologic Data Collection, Water Current, Level and Wave Measurement Equipment:

Culvert Flow Meter - $
Logging Rain Gage - $
Marsh-McBirney Hand-Held Current Meter - $
Logging Water Level Logging-Stainless Steel Pressure Transducer - $ Logging Water Level -Titanium Pressure Transducer - $
Logging Barometric Pressure Logger - $
Well Probe - $
Bottom-Mounted Tripod / Mooring - $
Water Quality Equipment:

Logging Turbidimeter/Water Level Recorder - $
Logging Temperature Probe - $
Hach Hand-Held Turbidimeter Recording Conductivity Meter w/Datalogger - $ Refractometer - $
YSI Hand-Held Salinity Meter - $
Hand-Held Conductivity/Dissolved Oxygen Probe - $
Sedimentation / Geotechnical Equipment:

Peat Corer - $
60lb Helly-Smith Bedload Sampler with Bridge Crane - $
Suspended Sediment Sampler with Bridge Crane - $
Vibra-core - $
Shear Strength Vane - $
Auger (brass core @ $ 5/each - $
Boats:
14 foot Aluminum Boas with 15 HP Outboard Motor - $
Single or Double Person Canoe - $
17' Boston Whaler w/ 90 HP Outboard - $
Total Equipment Usage Costs -$
Reimbursable Expenses
Project Supplies
Printing/Reproduction
Document and Map Reproductions (CD + Digital Photo)
Other Travel Related
-
-
-
Postage and Deliveries
Mileage
Vehicle Rental
Lodging
Airfare
H:Z:\Shared\Proposals\2022\NC\P202200108.00 - Yolo Bypass West Levee Culvert Replacement Project\00 Working Files\Proposal\Standard Cost Estimate Template_YBWLculvert_jlh-Expense Summary (DO NOT EDIT)

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Standard Monitoring Agreement
Between
Yocha Dehe Wintun Nation
aAnd the
City of Woodland
This MONITORING AGREEMENT (“Agreement”) is made and entered into as of , , by and between the Yocha Dehe Wintun Nation, a federally recognized Indian tribe (“Yocha Dehe” or "Tribe") on the one hand, and (the City of Woodland (hereinafter "ContractorCity") on the other hand. Yocha Dehe and Contractor City are collectively referenced hereinafter as the “Parties".

I. RECITALS
A. Subject Matter: This Agreement concerns the use and/or development of real property located within the area of , the Yolo Bypass West Levee at its intersection with the City’s Storm Drainage Outfall Channel located 300 feet north of County Road 22, and which is the subject of development infrastructure replacement by ContractorCity. The development infrastructure replacement is commonly known as , the Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06, hereinafter referenced as the "Project" and is described in Attachment I of this Agreement. As used herein, the Area of Potential Effect (or APE) includes replacement of existing drainage culverts by excavating 200 feet of the Yolo Bypass West Levee as shown in Figure 2 of Attachment I of this Agreement.

B. Purpose: The purpose of this Agreement is to establish fee schedules and terms for the use of Yocha Dehe tribal monitors for the Project; establish protocols for the relationship between Yocha Dehe and the ContractorCity; formalize procedures for the treatment of Native American human remains, grave goods, ceremonial items and any cultural artifacts, in the event that any are found in conjunction with the Project's development, including archaeological studies, excavation, geotechnical investigations, grading and any ground disturbing activity. This Agreement is entered into as mitigation under the California Environmental Quality Act (“CEQA”) and/or the National Environmental Policy Act (“NEPA”) and Section 106 of the National Historic Preservation Act (“Section 106”), and any such mitigation may be a condition of approval for said Project.

C. Cultural Affiliation: The Tribe traditionally occupied, and can trace its historical ties to, land in the Project’s Area of Potential Effect (“APE” or “Project Area”). The Project is within the boundaries of the Yocha Dehe Linguistic Territory. Thus, cultural resources identified in the APE are related to the history and tradition of the Yocha Dehe Wintun Nation and Patwin speaking peoples. Yocha Dehe has designated its Cultural Resources Department to act on its behalf with respect to the provisions of this Agreement. Any Native American human remains, grave goods, ceremonial items, and cultural items or artifacts that are found in conjunction with the development of this Project shall be treated in accordance with the Provisions of this Agreement.

II. TERMS
A. Incorporation of Recitals: All of the foregoing recitals are accurate and are incorporated in this Agreement by reference.

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B. Term: This Agreement shall be effective as of the date of execution and it shall remain in effect until the Project's completion.

C. Scope of Services and Specifications: Given the nature and sensitivity of archaeological sites and cultural resources that are or may be within the Project area (a map of which is shown and attached hereto as Attachment I). Yocha Dehe shall provide tribal monitoring and consultation for the Project during the archaeological investigations and all ground disturbing activities required for the Project. Yocha Dehe monitors will work in collaboration with the archaeologists, inspectors, project managers and other consultants hired/employed by the ContractorCity.

D. Fee Schedule:

The fee schedule for the use of Yocha Dehe Wintun Nation monitors and staff is as follows; Native American Monitoring $65.00 hourly rate (per monitor) Native American Monitoring-Hazwoper $100.00 hourly rate (per monitor) Tribal Historic Preservation Officer/
Cultural Resources Director $200.00 (per hour)
(4 hour minimum)
Tribal Executives $200.00 (per hour)
(4 hour minimum)
Cultural Resources Manager $175.00 (per hour)
(4 hour minimum)
Overtime (over 8 hrs in a day) $112.50 hourly rate (per monitor) Weekend and Holiday Hours $112.50 hourly rate Saturday; and $150.00 hourly rate Sunday and Holiday
Cultural Sensitivity Training $250.00 one time charge
Administrative Fee 15% of Invoice
Yocha Dehe's monitors will bill for time spent traveling to and from any Project site. In addition, Yocha Dehe shall be reimbursed for all costs associated with travel to and from the Project. Eligible items for cost reimbursement shall include, but not be limited to, mileage (or fuel purchases, at the submitter's election), hotel, and per diem (GSA rate).

E. Coordination with County Coroner’s Office. In the event human remains are discovered on or near the Project site during constructionits development, ContractorCity shall immediately contact the Coroner, the Yocha Dehe Cultural Site Protection Manager, the Cultural Resources Manager, Cultural Committee Chairman, the Tribal Chairman and/or the Yocha Dehe Cultural Resources Director. In order to facilitate this Agreement’s implementation, the appropriate County Coroner’s Office shall be provided a copy of this Agreement either before any earth disturbing

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activities or upon request of the Tribe. Yocha Dehe agrees to provide ContractorCity the needed contact information in order to comply with this provision. The Coroner shall be asked by the ContractorCity to determine if the remains are (1) human, (2) prehistoric, and further, the ContractorCity shall request the Coroner notify the State of California’s Native American Heritage Commission in the event the remains are determined to be Native American. The ContractorCity will compensate the Coroner for reasonable fees and costs, if applicable and required by the County Coroner’s office.

F. Most Likely Descendant (MLD): The Yocha Dehe Wintun Nation as the MLD for any Human Remains, Associated Funerary Objects and Artifacts found within the exterior boundaries of the Yocha Dehe Wintun Nation Linguistic Territory. Human Remains have been discovered within the Yocha Dehe Wintun Nation Linguistic Territory on occasion and in all of those cases, the Native American Heritage Commission ("NAHC") designated the Yocha Dehe Wintun Nation as the Most Likely Descendent (“MLD”) under California Public Resources Code section 5097.98.

G. Treatment and Disposition of Remains. Where Native American human remains are discovered during the Project's development, and where Yocha Dehe has been designated the Most Likely Descendant (MLD), the following provisions shall apply to the Parties:

I. The Tribe shall be allowed, under California Public Resources Code sections 5097.98 (a) and 21083.2 and State CEQA Guidelines section 15064.5 (e), to: (1) inspect the site of the discovery; and (2) make recommendations as to how the human remains and grave goods shall be treated and disposed of with appropriate dignity.

II. The Tribe shall complete its inspection within twenty-four (24) hours of receiving notification from either the ContractorCity or the NAHC, as required by California Public Resources Code section 5097.98 (a). The Parties agree to discuss, in good faith, what constitutes "appropriate dignity" as that term is used in the applicable statutes.

III. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code sections 5097.98 (a) and (b) and 21083.2 and State CEQA Guidelines section 15064.5 (e).

IV. The Parties are aware that Yocha Dehe may wish to rebury the human remains and associated ceremonial and cultural items (artifacts) on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. Should Yocha Dehe recommend reburial of the human remains and associated ceremonial and cultural items (artifacts) on or near the site of their discovery, the ContractorCity shall make good faith efforts to accommodate the Tribe's request.

V. The term "human remains" encompasses more than human bones because Yocha Dehe's traditions periodically necessitated the ceremonial burning of human remains, and monitors shall make recommendations for removal of cremations. Grave goods are those artifacts associated with any human remains. These items and the soil, in an area encompassing up to two (2) feet in diameter around the burial, and other funerary remnants and their ashes, are to be treated in the same manner as human bone fragments or bones that remain intact

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H. Treatment and Disposition of Cultural Items (Artifacts). Ceremonial items and items of cultural patrimony reflect traditional religious beliefs and practices of the Tribe. ContractorCity agrees to return all Native American ceremonial items and items of cultural patrimony that may be found on the Project site to the MLD for appropriate treatment, unless ContractorCity is ordered to do otherwise by a court or agency of competent jurisdiction. In addition, the Tribe requests the return of all other cultural items (artifacts) that are recovered during the course of archaeological investigations on or adjacent to the Project site. Where appropriate (from the perspective of Yocha Dehe), and agreed upon in advance by Yocha Dehe, certain analyses of certain artifact types will be permitted, which may include, but which may not necessarily be limited to, shell, bone, ceramic, stone and/or other artifacts.

I. Ownership Relinquishment. ContractorCity waives any and all claims to ownership of Native American ceremonial and cultural artifacts that may be found on the Project site. If examination of cultural artifacts by an entity or individual other than the MLD is necessary, that entity or individual shall return said artifacts to the MLD within thirty (30) days, or any other agreed upon time frame from the initial recovery of the items.

J. The Description of Work. Description of work for Yocha Dehe monitors for the grading and ground disturbing operations at the Project site is provided in Attachment II to this Agreement and incorporated herein by this reference. Section I of Attachment II specifies the duties and responsibilities of the identified tribal monitoring crew and other specified parties. Section II of Attachment II identifies the geographical area over which the tribal monitoring crew shall oversee cultural resource mitigation and monitoring in accordance with California Public Resources Code section 21083.2 (c) and (k). Sections III and IV of Attachment II mandate compensation of the tribal monitoring crew by the ContractorCity.

K. Confidentiality. Unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, Cal. Govt. Code § 6250 et seq. The County Coroner shall withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code Section 6254(r). Moreover, all records relative to consultation between the Parties shall be confidential and not subject to public disclosure as required by the California Public Records Act, Cal. Govt. Code § 6250 et seq.

Executed by:

Yocha Dehe Wintun Nation (Company Name)City of Woodland Signature: ________________________________ Signature: ________________________________ Print Name:
______________________________
Print Name:
______________________________

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Title:
____________________________________
Title:
____________________________________
Date: ____________________________________ Date: ____________________________________ Tribal Historic Preservation Officer

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[Insert Tract Map for Project Name]
ATTACHMENT I (FIGURES 1 AND 2)
Figure 1

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Figure 2

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Attachment II

NATIVE AMERICAN MONITORING OF GRADING AND GROUND DISTURBING

ACTIVITIES
I. Specifications: Given the nature and sensitivity of the archaeological sites and cultural resources that are in or may be within the Project area, the Yocha Dehe Wintun Nation, a federally recognized Indian tribe and the Most Likely Descendant as identified by the Native American Heritage Commission, shall provide the tribal monitoring, consultation and facilitation for this Project during the archeological investigations, and all ground disturbing activities for the Project. Yocha Dehe's monitors will work in concert with the archaeologists and Project engineers hired/employed by ContractorCity. The tribal monitors or Project archaeologists will be empowered to halt all earthmoving equipment in the immediate area of discovery when cultural items or features are identified until further evaluation can be made in determining their significance. It is understood that all surface and subsurface artifacts of significance shall be collected and mapped during this operation following standard archaeological practices.

After discovery of cultural items or features’ discussions between the tribal monitors and project archaeologist will occur to determine the significance of the situation and best course of action for avoidance, protection of resources, and/or data recovery, as applicable.

II. Project to be Monitored: Monitoring shall encompass the area known as the Excavation Extents shown on Figure 2 of Attachment I and shall be known as the Project area. It is agreed that monitoring shall be allowed for all archaeological studies, excavations, and groundbreaking activities occurring in conjunction with the development construction of the Project.

III. Project Crew Size: The Parties to this Agreement project the need for a tribal monitoring crew size to be determined by the Cultural Site Protection Manager, in accordance with Yocha Dehe Wintun Nation Cultural Law. If the scope of the work changes (e.g., inadvertent discoveries of cultural resources or simultaneous grading of area that requires multiple tribal monitors), additional tribal monitors may be required. Developer City agrees to directly compensate Yocha Dehe for all of the work performed by the tribal monitors. The compensation rate shall be made directly from ContractorCity to the Tribe in accordance with Section IV. If human remains are found, the coordination of the reburial of those remains and any associated cultural and ceremonial items shall be conducted in accordance with Sections III and IV of this Agreement.

IV. Insurance and Indemnity: Yocha Dehe shall provide the tribal monitoring crew for the Project and shall be responsible for coordinating the tribal monitors’ activities on the Project. The Tribe recognizes that dangerous conditions may exist on the work site, particularly during grading operations, and agrees to assume responsibility for the safety

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of the tribal monitoring crew while the crew remains on the Project site. The Tribe possesses the necessary insurance to cover any bodily injury or property damage that may be suffered by the tribal monitors and proof of such insurance shall be made available to ContractorCity upon request.

V. Compensation: ContractorCity shall directly compensate the Tribe in accordance with the following compensation rates and procedures. Invoices will be submitted on a monthly basis and shall be paid within 30 days of submittal to assure timely tribal monitor compensation and to further assure that tribal monitoring will not be terminated for the Project.

A minimum half-day charge (“show up” time) shall be charged to ContractorCity for unannounced work stoppages of the tribal monitors that are not due to actions by Yocha Dehe.

VI.Rights of Access/Stoppage/Consultation Upon Discovery: ContractorCity shall provide Yocha Dehe tribal monitors with unencumbered access to the Project site as reasonably necessary for the monitors to effectively perform the services required by this Agreement. The tribal monitors and/or project archaeologist will be empowered to halt all earthmoving equipment in the immediate area of discovery when cultural items or features are identified until further evaluation can be made in determining their significance. It is understood that all surface and subsurface artifacts, Native American human remains, funerary objects, items of cultural patrimony, and any other cultural items shall be treated in accordance with an agreed upon artifact treatment and disposition plan.

After discovery of cultural items or features, discussions between the tribal monitors and project archaeologist will occur to determine its significance and the best course of action for avoidance, protection of resources, and/or data recovery, as applicable.

While determinations will be mostly in the field, Yocha Dehe's tribal monitors may need to seek further guidance from the Most Likely Descendent, Yocha Dehe Tribal Council and/or the Cultural Resources Committee. If this rare occurrence should arise, Yocha Dehe reserves the right to request a 30-day stoppage of work.

Where circumstances warrant, the ContractorCity may be required, at its sole expense, to provide security personnel or remove unnecessary persons from the Project site. For example, where the safety of tribal monitors is at risk due to controversy or other circumstances surrounding a particular Project’s development, security personnel would be provided at the ContractorCity’s expense and members of the public excluded from the site. Likewise, where the protocol for the treatment of Native American human remains, funerary objects, artifacts, or items of cultural patrimony deems culturally required or appropriate, ContractorCity agrees unnecessary personnel will leave the site during the relevant time period.

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.12
SUBJECT: Final Acceptance and Notice of Completion of Public Improvements for Subdivision Final Map 5106, Spring Lake Central 3 and Spring Lake Backbone Infrastructure Project Entitled Parkland Avenue Extension

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, a Resolution of the City Council of the City of Woodland Accepting the Public Improvements for Subdivision Final Map 5106 Spring Lake Central 3 and Spring Lake Backbone Infrastructure Project Entitled Parkland Avenue Extension.

Staff Contact:

Lolly Weichel, (530) 661-5820, [email protected] Fiscal Impact:

All infrastructure improvements to serve this subdivision were constructed using bond proceeds from the Spring Lake community facilities district (CFD) and/or Spring Lake Infrastructure Fees (SLIF) along with private funding from the developer. The public improvements constructed with this map add 52,335 square feet of new public landscaping, with an estimated annual maintenance cost of $24,387 including maintenance and water use. This additional landscaping is within the boundaries of and will be maintained by the Spring Lake Landscape & Lighting District (L&L). These costs were anticipated during the formation of the L&L and will be included with the proposed annual assessments, which are typically presented to Council in May each year.The Governmental Accounting Standards Board Statement 34 (GASB 34) requires state and local governments to include valuation and depreciation information on public infrastructure assets for accounting purposes and financial reports. The total cost of public infrastructure in the GASB34 categories that the City will acquire with these subdivisions is shown below.

Background:

On May 19, 2015, the City Council approved Spring Lake Central Tentative Map (No. 5027) and Development Agreement. The map consisted of 375 single-family lots and 9.3 acres of multifamily. On March 16, 2021, the City Council approved Final Subdivision Map (SM) No. 5106, Spring Lake Central Phase 3 and the associated Subdivision Improvement Agreement with Richmond American Homes of Maryland, Inc. (84 lots). The improvements constructed for Subdivision 5106 (Spring Lake Central Phase 3) are shown on the improvement plans entitled, “Civil Improvement Plans for Spring Lake Central Phase 3” and “Landscape Improvement Plans for Spring Lake Central Phase 3.” The project was also conditioned to construct offsite improvements to extend Parkland Avenue from Pioneer Avenue to Harry Lorenzo Avenue. Those improvements are shown on the improvement plans entitled, “Civil Improvement Plans – Spring Lake Specific Plan – Parkland Avenue Extension (Pioneer Avenue to Harry Lorenzo Avenue)” and “Landscape Improvement Plans for Parkland

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Avenue Extension (Pioneer Avenue to Harry Lorenzo Avenue).” All of the above-mentioned plans were approved by the City Engineer on June 12, 2020.Richmond American Homes of Maryland, Inc. has completed the infrastructure improvements to the satisfaction of the City Engineer, and the Public Works and Community Development Departments. Following Council acceptance, the City Clerk will file a Notice of Completion for the completed items initiating release of the developer’s performance security for these improvements. The developer has provided warranty security for the subdivision to correct any defects identified during the warranty time frame of one year following the filing of the Notice of Completion.

Discussion:

This is the standard practice for obtaining infrastructure improvements for new subdivisions. The final map dedicated streets and public utility easements to the city. The work is designed to City Standard Specifications and the improvements are inspected by the City during construction.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, a Resolution of the City Council of the City of Woodland Accepting the Public Improvements for Subdivision Final Map 5106 Spring Lake Central 3 and Spring Lake Backbone Infrastructure Project Entitled Parkland Avenue Extension.

Prepared by: Lolly Weichel, Development Services Engineering Reviewed by:Brent Meyer, Community Development Director/ City Engineer

Attachments:

1. Resolution

2. Location Map

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

ACCEPTING THE PUBLIC IMPROVEMENTS FOR SUBDIVISION
FINAL MAP 5106 SPRING LAKE CENTRAL 3 AND PARKLAND AVENUE

EXTENSION PROJECT

BY RICHMOND AMERICAN HOMES OF MARYLAND, INC
WHEREAS, On May 19, 2015, the City Council approved Tentative Map No. 5027 (Spring Lake Central) and associated Development Agreement, consisting of 375 single-family lots and 9.3 Acres of multifamily development; and
WHEREAS, On March 16, 2021, the City Council approved the final map for Subdivision No. 5106 (Spring Lake Central Phase 3), which created 84 single-family lots in the Spring Lake Specific Plan (“Map”); and
WHEREAS, the conditions of approval for the Map required the subdivider, Richmond American Homes of Maryland, Inc., to enter into a Subdivision Improvement Agreement calling for the construction of infrastructure necessary to serve the development permitted by these Maps and associated offsite improvements (collectively, the “Improvements”), and furnish a bond or other security to ensure the timely completion of the Improvements; and WHEREAS, Richmond Homes of Maryland, Inc. has completed the Improvements; and WHEREAS, Richmond Homes of Maryland, Inc. has previously furnished bonds for subdivision 5106, identified as Bond No. SUR0066936 and issued by Developers Surety and Indemnity Company as surety (“Bond”), securing the completion of the Improvements; and WHEREAS, the Subdivision Map Act and the Woodland Municipal Code require the City to accept subdivision improvements which have been completed; and WHEREAS, Richmond Homes of Maryland, Inc. has requested that the City accept those Improvements that have been completed;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:

Section 1. The City Council hereby accepts those Improvements constructed for Subdivision 5106 (Spring Lake Central 3) as shown on the improvement plans entitled “Civil Improvement Plans for Spring Lake Central Phase 3” and “Landscape Improvement Plans for Spring Lake Central Phase 3” and approved by the City Engineer June 12, 2020.

Section 2. The City Council hereby accepts those Improvements constructed as shown on the improvement plans entitled “Civil Improvement Plans – Spring Lake Specific Plan – Parkland

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Avenue Extension (Pioneer Avenue to Harry Lorenzo Avenue)” and “Landscape Improvement Plans for Parkland Avenue Extension (Pioneer Avenue to Harry Lorenzo Avenue)” and approved by the City Engineer June 12, 2020.

Section 3. The City Council hereby authorizes the City Clerk to file the Notice of Completion and release the developer’s performance security for Subdivision No. 5106 Spring Lake Central Phase 3 (Civil & Landscape Improvements) and the Parkland Avenue Extension Project (Civil & Landscape Improvements).

Section 4. Through adoption of this resolution, the City of Woodland does not waive any of its rights, or obligations of Richmond American Homes of Maryland, Inc. or any other entity, under the conditions of approval for the Map, any associated development agreement, reimbursement agreement, participation agreement, or under any other document, ordinance or applicable law.

Section 5. The adoption of this resolution shall not be deemed to cure any breach by Richmond American Homes of Maryland, Inc. or any other entity of its obligations under the Map or any other document, ordinance, or applicable law.

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on 5th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayra Vega, Mayor
ATTEST:
______________________________
Ana Gonzalez, City Clerk

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City of Woodland
NSWE

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.13
SUBJECT: Maintenance Agreement with the State Department of Transportation for the Sports Park Drive Pedestrian Overcrossing

Recommendation for Action: Staff recommends City Council adopt Resolution No._____, authorizing the Mayor to Execute the Maintenance Agreement with the State Department of Transportation for the Sports Park Drive Pedestrian Overcrossing Project, CIP 17-22.

Staff Contact:

Sara Andreotti, Engineering Assistant, (530) 661-5951, [email protected]

Fiscal Impact:

The approved Capital Budget includes $7,560,000 in funding for the Sports Park Drive Pedestrian Overcrossing project consisting of $3,660,000 in funding identified from Capital Projects (Fund 501), $1,450,000 in funding from Southeast Area Infrastructure funds (Fund 593), $2,100,000 from the Road Development Fund (Fund 582) and $350,000 from Water Enterprise funding (Fund 210).

The Capital Projects funding is provided through various fees approved in project Development Agreements. The fees are collected as building permits are issued for the Spring Lake and Prudler developments. Since the timing of development can vary, the collection of fee revenues may not match the timing of project expenditures, and the City may need to rely on short-term internal borrowing of funds to complete the project. The Road Development fund will assist with the short-term borrowing in the event the project construction timing and expenditures outpace the collection of related development revenues.

The project budget includes the costs for design, right of way, project management, construction management/inspection and construction.

Background:

The complete project consists of the design and construction of a bicycle/pedestrian crossing over State Route- 113 along the alignment of Sports Park Drive to Farmers Central Road. This project, along with the planned Spring Lake development, will complete a bicycle/pedestrian connection along the south side of town from County Road 102 to East Street. This pathway is planned for extension from East Street to Ashley Avenue. This will enable residents to access the existing north/south bike lane corridors throughout the city. This project will provide bicycle/pedestrian access to the Community Center/Sports Park and to the growth areas on the east side of SR-113.

On August 17, 2021, the City Council awarded the construction contract to Myers and Sons Construction. The construction activities within the City’s right of way commenced on October 4, 2021.

Discussion:

The portion of the project that is located within the State of California right-of-way must be constructed under an encroachment permit from the State. Execution of a maintenance agreement is required to receive the encroachment permit.

The agreement identifies ownership and maintenance responsibilities for both the City and Caltrans. This includes routine inspections of all structures and facilities, repairs, cleaning, replacements, and improvements,

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if necessary. Generally speaking, the City is responsible for ownership and maintenance of the non-structural components (bridge surface, fencing, graffiti abatement, etc.). The State is responsible for structural elements within State right of way and within one span of the State right of way. This leaves the western abutment and span 1 as a City responsibility.

The project is currently planned for completion by the end of 2022. The bridge's earthen abutments are complete and will remain in their settlement period until further work can commence. Pile driving and structural foundation work is planned for May with major bridge work scheduled to be done during the summer and early fall.

Conclusion:

Staff recommends City Council adopt Resolution No._____, authorizing the Mayor to Execute the Maintenance Agreement with the State Department of Transportation for the Sports Park Drive Pedestrian Overcrossing Project, CIP 17-22.

Prepared by: Sara Andreotti, Engineering Assistant

Reviewed by: Brent Meyer, Community Development Director/ City Engineer

Attachments:

1. Resolution

2. Agreement

3. Exhibit A

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82093.00001\8555510.2
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

APPROVING THE MAINTENANCE AGREEMENT WITH THE STATE

DEPARTMENT OF TRANSPORTATION FOR THE SPORTS PARK DRIVE
PEDESTRIAN OVERCROSSING PROJECT, #17-22
WHEREAS, the Sports Park Drive Pedestrian Overcrossing Project, CIP 17-22 is fully funded in the Capital Budget; and
WHEREAS, Caltrans requires the City to enter into a Maintenance Agreement for improvements across their right of way before the City can obtain an encroachment permit from Caltrans and obtain authorization to begin construction on the State right of way; and WHEREAS, the City wishes to approve the Maintenance Agreement with the Department of Transportation through the adoption of this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:

Section 1. The City Council hereby approves the Maintenance Agreement and authorizes the Mayor and City Manager to Execute the Agreement with the California Department of Transportation.

Section 2. A copy of the Agreement will be available and on file in the City Clerk’s office, and is incorporated herein by reference and made a part of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 5th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayra Vega, Mayor
ATTEST:
______________________________
Ana B. Gonzalez, City Clerk

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NON-VEHICULAR OVERCROSSING MAINTENANCE

AGREEMENT WITH CITY OF WOODLAND
This Maintenance Agreement (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the CITY of Woodland (“CITY”); each may be referred to individually as a “PARTY,” and jointly as “PARTIES.”

RECITALS

1. An Encroachment Permit will be issued to CITY by STATE to construct the Sports Park Drive Pedestrian Overcrossing (“Non-Vehicular Overcrossing”) on STATE Highway Route (SR) 113; hereinafter referred to as the “NVOC”.

2. It was agreed by the PARTIES that prior to issuance of the Encroachment Permit, the CITY and STATE will enter into a Maintenance Agreement for the ownership, inspection, maintenance, and their respective financial responsibility towards the NVOC.

3. The PARTIES hereto mutually agree as follows:

OPERATIVE PROVISIONS

1.Maintenance Standards. The CITY shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code section 27, and in accordance with California laws, regulations and STATE standards, including STATE’S Maintenance Manual, policies, procedures and specifications in effect and as amended. “Maintain” or “maintenance” under this AGREEMENT includes routine inspections of all structures and facilities, repairs, cleaning, replacements, and improvements, if necessary, as described herein.

2.Amendment to Agreement. This AGREEMENT may only be amended by a written agreement executed by all PARTIES.

3. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right-of-way (ROW) covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the CITY’s jurisdictional limits.

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4.Encroachment Permits. Before CITY may enter STATE ROW to perform any maintenance or work in the areas covered by this AGREEMENT, STATE’s District 3 Encroachment Permit Office must issue an initial encroachment permit at no cost to CITY. CITY must obtain additional encroachment permits if necessary, to enter or perform any work within STATE ROW not covered by this AGREEMENT. STATE will issue these additional encroachment permits at no cost to CITY. CITY’s contractors and sub- contractors must apply for and be issued separate encroachment permits before they may enter STATE ROW to perform any maintenance or work under this AGREEMENT.

5.Non-Vehicular Overcrossings (NVOC) has been categorized as follows and distinguished by patterns as depicted in Exhibit A.

Category I- NVOC located on or over STATE’s ROW
Category II- NVOC structures outside STATE’s ROW but contributing towards the safety and structure integrity of the NVOC
Category III- NVOC structures outside STATE’s ROW but NOT contributing towards the safety and structure integrity of the NVOC
A.Category I- NVOC located on or over STATE’s ROW

1. STATE shall own category I NVOC .

2. STATE shall inspect and maintain at STATE’s expense structural components including, superstructure and substructure
elements and perform maintenance inspections or activities as determined by STATE.

3. CITY shall maintain at CITY’s expense, including but not limited to, the following:
a) Deck surfaces and road/street surfaces.
b) Structural drainage facilities.
c) All portions of the overcrossing structure lying above the bridge deck, including but not limited to lighting, traffic controls, traffic lights, sidewalks, signs, bike paths, pavement overlays, fencing, pedestrian railing and
post, concrete pilasters, pavement markings, striping, architectural details and improvements for compliance
with the Americans with Disabilities Act as depicted on Exhibit A.

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4. CITY, at CITY’s expense, shall remove all graffiti and legally remove and dispose of all debris and trash from the above facilities.

B.Category II- NVOC structures outside STATE’s ROW but contributing towards the safety and structure integrity of the NVOC .

1. STATE shall own Category II NVOC structures .

2. STATE shall have unrestricted access to portions of Category II NVOC to perform inspections and maintenance at STATE’s
expense. Where access is controlled, CITY shall provide means of access to STATE.

3. STATE shall maintain at STATE’s expense Category II NVOC facilities and improvements as follows:

a) Superstructure: Girders between Bents 2 and R/W limit and between R/W limit and Abutment 4.
b) Substructure: Bent 2, Abutment 4 and concrete piles.

4. CITY shall maintain at CITY’s expense Category II NVOC facilities and improvements as follows:
a) Deck surfaces and road/street surfaces
b) Structural drainage facilities
c) All portions of the overcrossing structure lying above the bridge deck, including but not limited to lighting, traffic controls, traffic lights, sidewalks, signs, bike paths, pavement overlays, fencing, pedestrian railing and post, concrete pilasters, pavement markings, striping,
architectural details and improvements for compliance
with the Americans with Disabilities Act as depicted on Exhibit A.

5. CITY, at CITY’s expense, shall remove all graffiti and legally remove and dispose of all debris and trash from the above facilities.

C.Category III- NVOC structures outside STATE’s ROW but NOT contributing towards the safety and structure integrity of the NVOC .

1. CITY shall own Category III- NVOC.

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2. CITY shall inspect and maintain at CITY’s expense structural components including deck, superstructure and substructure elements and perform maintenance inspections or activities as shown on Exhibit A.
a) Deck surfaces and road/street surfaces
b) Superstructure: Girders between Abutment 1 and Bent 2 c) Substructure: Abutment 1(including concrete pile caps and/or pile elements)
d) Structural drainage facilities
e) All portions of the overcrossing structure lying above the bridge deck, including but not limited to lighting, traffic controls, traffic lights, sidewalks, signs, bike paths, pavement overlays, fencing, pedestrian railing and
post, concrete pilasters, pavement markings, striping,
architectural details and improvements for compliance
with the Americans with Disabilities Act as depicted on Exhibit A.

3. CITY, at CITY’s expense, shall remove all graffiti and legally remove and dispose of all debris and trash from the above facilities.

4. CITY understands and acknowledges that routine structural and maintenance inspections and, if necessary, repairs must be made to ensure the NVOC retains its integrity for the safety of the public using this structure. CITY shall perform routine structural and maintenance inspections and repair, replace or complete other improvements necessary to maintain the
safety of the NVOC structure and facilities.

6.Unsheltered Encampments
CITY, at CITY’s expense shall also be responsible for the following:
(a) Encampment Relocation. CITY shall relocate people experiencing homelessness from the entire NVOC. CITY shall comply with the processes and procedures set forth in STATE’s “Interim Guidance on Encampments, Prioritizing and Addressing Encampments on Caltrans-owned Property,”

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dated July 2021, and as may be amended during the term of this AGREEMENT (Interim Guidance).
(b) Abandoned Encampments. If CITY encounters abandoned/homeless encampments in the entire NVOC, CITY shall comply with the processes and procedures set forth in STATE’s Interim Guidance, including but not limited to coordination with STATE, CHP, and the local Law Enforcement.

7. Legal Relations and Responsibilities.

A. No Third-Party Beneficiaries.

This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and CITY facilities different from the standard of care imposed by law.

B. Indemnification.

Neither CITY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT.

STATE, shall fully defend, indemnify and save harmless CITY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.

Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY in connection with any work, authority or jurisdiction conferred upon CITY pursuant to this AGREEMENT. CITY, shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.

C. Prevailing Wages and Labor Code Compliance. CITY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing

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regulations for any public works or maintenance contracts and subcontracts executed for the CITY’s work under this AGREEMENT.

D. Insurance
Self-Insured. CITY is self-insured. CITY shall deliver evidence of self- insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self-Insurance. The Letter of Self- Insurance must be substantially in the form of Exhibit B, and identify the AGREEMENT by location as depicted in Exhibit A. CITY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit B.

Self-Insured using Contractor. If the work performed under this AGREEMENT is done by CITY’s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. CITY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE’s execution of this AGREEMENT.

8.Termination. This Agreement may be terminated by the mutual written consent of each PARTY.

9.Effective Date. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT.

10.Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT. CITY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority, as required.

11.Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

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12.Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

THE CITY OF WOODLAND

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Dated: Dated:

Mayor/Chairman By:

INITIATED AND APPROVED:

Dated: Dated:

City Manager Deputy District Director
Maintenance District 3
Dated:

City Clerk

APPROVED AS TO FORM AND PROCEDURE
Dated:

City Attorney

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EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY/COUNTY road(s) and facilities)

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EXHIBIT B – STATEMENT OF SELF INSURANCE FOR CITY OF WOODLAND California Department of Transportation _______20__ 703 B Street
Marysville, CA 95901
ATTN: Thomas Mutunga, District 3 Maintenance Project Delivery Liaison

CITY OF WOODLAND
Department of Finance
RE: Statement of Self Insurance for City of Woodland (“CITY”) Related to Non-Vehicular Overcrossing (NVOC) Freeway Maintenance Agreement with the State of California, acting by and through the Department of Transportation, (“STATE”) for improvements along STATE Route 113 in the County of Yolo at Post Mile R8.70, FMA-City of Woodland-03-YOL-113- PM R8.70 (“Non Vehicular Overcrossing Freeway Maintenance Agreement”).

Dear Mr. Mutunga,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third- party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in INSURANCE Section (Section 7D) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER

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"B" 578+33.49 6.11'

END DOUBLE MGS
"B" 577+46.19 11.93' Lt

END MGS
Beg DOUBLE MGS

CITY OF WOODLAND P /L
"PED" 1 8+86.01 35.38' Lt
END Temp FENCE
"PED" 14+80.40 2S.83' Lt
Beg Temp FENCE

CITY OF
"PED" 14+85.07' BC
"PED" 14+03.64
ENO LEAN Cone Bkf
- _ PROPOSED R/W
TCE j - - - - - - - - - - - - - - __ _
/o
UNIT 0000 PROJECT NUMBER & PHASE 0321000047

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X
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LEGEND
- CITY MAINTAINS AT CITY EXPENSE

STATE RIGHT OF WAY LINE

CRASH CUSHION
(TYPE CAT)
BACKUP
"B" 576+68.54 12.03' Rt

END MGS

SPORTS PARK
DR Ped OC
BR NO.
22-0206
"PED" 21+48.82 60.68' Lt
Beg Temp FENCE
"PED" 26+14.81 21.24' Lt
END Temp FENCE
I I
\ I

FUTURE PATH EXTENSION
(BY OTHERS)
' ,r Cl TY OF WOODLAND P /L
( Exist BOLLARDS(3)
(PROTECT IN PLACE)
\ \
\ \
R/W
-- - - -----· -· - -
"PED" LIN
"PED" 21 +55.00' EB
"PED" 21+74.67 59.60' Rt
FEN£E_!,F'_ _
"PED" 21 +14.96 34.87' Rt
Beg FENCE
"B" 576+18.54 12.03' Rt

END DOUBLE MGS
Beg MGS
"B" 575+31 .24 6.21' Rt
Beg DOUBLE MGS

LINE DATA

L I DIRECTION
262.14' N83
°
10'19"E
No.®
4 5
6 R
1000.00'
1000.00'
1000.00'
-----(oh)---e-----(oh - - --(oh)-- e-
D1 23iU.99::: e:'l:--_,__ ---<><>--t----.i:r7f==='s',�...c:,�=,::;f�7-:\��'°'�''�"'"S<,----��.�.::-_�:_-�_---�•-d:t--,_- -•---1%- ·�•-I%-

PROPOSED R/W
-
__,,.------\TCE
(TYPE WM,
POST)
Bkf

CITY MAINTENANCE ROAD
"PED" 28+42.33
END LEAN Cone Bkf

EXHIBIT A

CURVE DATA FREEWAY MAINTENANCE

AGREEMENT IN THE CITY

OF WOODLAND
6 T
5° 34 '35" 48. 70'
9 24'23" 82.27'
4 °
45'39" 41.57'
L

97.33'
164.17'

83.09'

FOR NOTES, LEGEND AND
ABBREVIATIONS, SEE SHEET L-1
ON ROUTE 113 PM 0.5 MILES SOUTH OF

GIBSON ROAD OVERCROSSING
SHEET3 OF3
BORDER LAST REVISED 7/2/2010 USERNAME => mmogow
OGN FILE => OOS_WPOC_L-1.dwg

RELATIVE BORDER SCALE
IS IN INCHES UNIT 0000 PROJECT NUMBER & PHASE 0321 000047

Page 164 ends

0ATLM Elev • 20.00

17.00 19+00 21'00 22+oo

ELEYAIION
LEGEND

CITY MAINTAINS AT CITY EXPENSE

Page 165 ends

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 5, 2022
ITEM #: G.14
SUBJECT: Additional Appropriation for Permanent Supportive Housing Project, Phase 2 Site Infrastructure – CIP 19-22

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. , (1) approving an additional appropriation of $330,000 from the Homeless Housing Fund (331) to the Permanent Supportive Housing Project, Phase 2 Site Infrastructure – CIP 19-22 based on funds provided by Friends of the Mission which will increase the budget for CIP 19-22 from $3,753,972 to $4,083,972; (2) approving total contract contingencies of up to $1,047,136 for a total contract authorization amount of $3,371,636 and (3) approving amendment #1 to the construction management and inspection agreement with Unico Engineering in the amount of $50,000.

Staff Contact:

Brent Meyer, Community Development Director / City Engineer, (530) 661-5947, [email protected]

Fiscal Impact:

The additional appropriation of $330,000 will be funded by Friends of the Mission. The total project budget consists of $4,083,972 in the Homeless Housing Fund (fund 331). This includes $525,972 of Partnership Health Plan funding, $1,482,000 in City affordable housing funding, and $2,076,000 of funding from Friends of the Mission (FOM).

The original contract was executed for $2,324,500. With the proposed contingency of $1,047,136 the total contract authorization amount is $3,371,636.

Background:

The City Council on March 16, 2021 awarded a construction contract to Lister Construction, Inc. for the construction of the Permanent Supportive Housing Project, Phase 2 Site Infrastructure (CIP 19- 22). Construction began in early July.

Though not part of Lister’s original construction contract, City staff worked with FOM staff to delete the pier foundations from Cutting Edge Modular’s cost proposal and add it to Lister’s contract. Installing the piers as part of the site work will avoid later damaging the completed underground utilities, grading, sidewalks and streets.

To facilitate the additional work for the Phase 2 Site Infrastructure, the City executed a change order with Lister Construction to amend their project scope to add construction of the approximately 435 concrete piers that will support the units.

Discussion:

Errors were discovered in the pier foundation designs prepared by Friends of the Mission resulting in necessary change orders to the construction contract. The construction management firm originally provided a schedule that assumed four months of construction. With these changes, the construction schedule has been extended to twelve months and is now projected to be completed in June of this year. Given the significant increase in the construction timeline, the City's construction inspection firm Unico Engineering has provided an amendment for $50,000 to their original contract for a total contract amount of $162,322.

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Woodland City CouncilApril 5, 2022

Woodland City Council
April 5, 2022