Woodland City Council
May 17, 2022

City of Woodland
Meeting Agenda
City Council
City Hall
Council Chambers
300 First Street
Woodland, CA 95695
May 17, 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 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. The option to submit a public comment via voicemail is no longer available. Written Public Comments Members of the public are welcome to submit written comments prior to the meeting. Comments should be submitted by email to [email protected]. Written Comments received at least two (2) hours prior to the scheduled start time of the City Council meeting will be provided to the City Council and posted to the City website as part of the official record of the meeting but will not be read into the record. Written Comments received within two (2) hours of the scheduled start time of the City Council meeting and during the City Council meeting will be provided to the City Council the day following the City Council meeting. If you are submitting written comments on a particular item on the agenda, please identify the agenda item number and letter. If you are submitting written comments on an item not listed on the agenda, please identify your e- mail/comment as a General Public Comment. Note: Public comments at special meetings are limited to items on the agenda only.

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. CONSENT CALENDAR

2. SUBJECT: Proclamation Honoring May 2022 As Older Americans Month RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt a Proclamation declaring May 2022 as Older Americans Month.

3. SUBJECT: Proclamation in Support of Equal Treatment for Asian American and Pacific Islanders (AAPI)
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt a Proclamation in Support of Equal Treatment for Asian American and Pacific Islanders (AAPI).

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

5. SUBJECT: Fire Department Quarterly Status Report for the Period of January 2022 - March 2022
RECOMMENDATION FOR ACTION: Staff recommends that the City Council accept the Fire Department Quarterly Status Report for January 2022 through March 2022.

6. SUBJECT: Police Department Quarterly Status Report for the period of January 2022 through March 2022.

RECOMMENDATION FOR ACTION: Staff recommends that the City Council accept the Police Department quarterly status report for January 2022 through March 2022.

7. SUBJECT: Contract Amendment for Construction Management and Inspection Services for Improvements Associated with the Parkside 3 Subdivision Improvements
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, to approve amendment #1 for construction management and inspection with UNICO Engineering Consultants (UNICO), in the amount of $80,000 for the Parkside 3 Subdivision Improvements and authorize the City Manager to execute the agreement.

8. SUBJECT: Increase the Fiscal Year 2021/2022 Library Trust Fund Budget by $58,965
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing an increase to the Library Trust Fund (fund 917) appropriations from $38,500 to $97,465, a total increase of $58,965 in support of additional grant funded program costs.

9. SUBJECT: 2022 Road Maintenance Project, CIP 22-06; Approve Plans and Specifications, Authorize Bid Advertisement
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, approving the project plans and specifications for the 2022 Road Maintenance Project, CIP 22-06 and authorizing bid advertisement.

10. SUBJECT: Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06; Approve Contract Amendment No. 2 with Mead & Hunt for Professional Engineering, Environmental and Permitting Services
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. ______, authorizing the City Manager to execute Amendment No. 2 to the professional services agreement with Mead & Hunt for the Yolo Bypass West Levee Culvert Replacement Project, also known as the Storm Drainage Outfall Channel Culvert Structure Project, for an additional amount up to $49,592.

11. SUBJECT: Agreement for Countywide Homeless Coordination Project

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, approving a new five-year Homeless Coordination Project Agreement for the period of July 1, 2021 – June 30, 2026 (Fiscal Years 2022 - 2026) and authorizing the City Manager to execute any and all agreements necessary for the City to implement the project.

12. SUBJECT: Fire Department Grant Award Budget Appropriations RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to appropriate an additional $1,915 to Fund 330 (Other Federal Grants) for the purchase of the additional SCBA equipment as awarded in the 2019 Homeland Security Grant; and appropriate $12,000 to Fund 101 (General Fund) for the purchase of the Battery Operated Extrication equipment as received from the Springlake Fire Protection District via the Rural Communities Investment Program.

13. SUBJECT: Approval of Final Maps 5162 & 5206 (Pioneer Village phases 1 & 2) and Related Subdivision Improvement Agreements
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, a Resolution of the City Council to 1) approve Final Subdivision Map 5162, Pioneer Village Phase 1, and Final Subdivision Map 5206, Pioneer Village Phase 2; and 2) approve the related Subdivision Improvement Agreements and authorize the 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.

14. SUBJECT: 2022 Spring Lake Parks Project, CIP 20-03; Approve Plans and Specifications and Bid Authorization
RECOMMENDATION FOR ACTION: Staff recommends that the City Council:
1) Adopt Resolution No. _____, approving the project plans and specifications and authorizing bid advertisement for the 2022 Spring Lake Parks Project, CIP 20-03; and
2) Appropriate $370,000.00 of additional SLIF Parks & Recreation funding (Fund 640) to the project; and
3) Authorize the City Manager to execute a contract with PlayPower, Inc. for the purchase of playground equipment for Spring Lake Park utilizing a cooperative purchasing agreement in the amount not to exceed $87,621.64; and

4) Authorize the City Manager to execute a contract with Park Planet for the purchase of the picnic shelter for Spring Lake Park utilizing a cooperative purchasing agreement in the amount not to exceed $36,034.28. 5) Authorize the City Manager to execute a contract with Public Restroom Company for the purchase of restroom for Spring Lake Park utilizing a cooperative purchasing agreement in the amount not to exceed $193,868.

15. SUBJECT: Dick Klenhard Ballfield Light Upgrade
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute a contract with Musco Sports Lighting, LLC in the amount of $157,083.68 through a cooperative purchasing agreement with Sourcewell Contract Number 071619-MSL, and authorize a contract contingency up to 10% ($15,708.37); and affirming the City Manager’s determination that the City’s public bidding requirement has been satisfied by another government agency’s competitive bid procedure and the City’s price is equal to the price negotiated by that government agency.

G. PUBLIC HEARINGS

16. SUBJECT: Amendments to the City Municipal Code related to Commercial Cannabis Retail Uses
RECOMMENDATION FOR ACTION: Staff recommends that the City Council:

1. Receive this Report;

2. Conduct a public hearing;

3. Find that neither of these Ordinances constitute a project subject to California Environmental Quality Act (CEQA) review pursuant to Section 15061 (b) (3) of Title 14 of the California Code of Regulations as set forth in this Ordinance; and

4. Introduce and waive the first reading of Ordinance No. _____, to amend Chapter 17.110 of the City of Woodland Zoning Code, Exhibit B of the Interim Zoning Code, and Table 8.1 of the Downtown Specific Plan;

5. Introduce and waive the first reading of Ordinance No. _____, to amend Chapter 5.28 of the City of Woodland Municipal Code related to Cannabis Business Permits;

6. Adopt Resolution No. _____, to update Regulatory Permit Fees related to cannabis businesses.

7. Approve a $90,000 contract amendment with HdL Companies for a total contract amount of $118,500; and

8. Direct staff to return to City Council with a proposed ballot measure for the November 8, 2022 election to establish a cannabis business tax in the City of Woodland.

H. REPORTS OF THE CITY MANAGER

17. SUBJECT: Rescind Urgency Ordinance No. 1664 "Temporary Outdoor Use Permit" and Adopt Citywide Parklet Program
RECOMMENDATION FOR ACTION: Staff recommends that the City Council:

1.) Introduce and waive first reading of Ordinance No. _____, rescinding

Urgency Ordinance No. 1664 originally adopted June 2, 2020, pertaining to Temporary Outdoor Use Permits; and

2.) Adopt Resolution No. _____, approving a citywide Parklet Program to allow for parklets within the city right-of-way, utilizing not more than two (2) city parking spaces in the absence of, or limited private outdoor seating for an annual fee; and appropriate $125,000 from the General Fund to this Program, to financially assist business owners with construction costs associated with (re)constructing and/or enhancing existing parklets.

18. SUBJECT: Woodland Finance Authority Wastewater Revenue Refunding Bonds
RECOMMENDATION FOR ACTION: Staff recommends: (1) that the Board of the Woodland Finance Authority adopt Resolution No. _____, approving the Forms and Authorizing Execution and Delivery of the Second Supplemental Installment Purchase Contract, the Second Supplmemental Trust Agreement, the Escrow Agreement; Authorizing the Issuance of the Woodland Finance Authority Watewater Revenue Refunding Bonds; and Approving Other Actions Related to the Bond; AND (2) that the City Council adopt Resolution No. _____, approving the Issuance by the Woodland Finance Authority of a Wastewater Revenue Refunding Bond; Approving the Forms of and Authorizing Execution and Delivery of a Second Supplemental Installment Purchase Contract; and Authorizing Related Actions and Manners.

19. SUBJECT: Authorize Appropriations for an Extra Payment of Unfunded Liability to CalPERS
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. ____, authorizing amendments to the budget totaling $6,123,367 for extra unfunded liability payments to CalPERS.

I. 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, May 17, 2022 was posted on Friday, May 13, 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.

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 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

UPDATED COUNCIL LONG RANGE CALENDAR
JUNE 7TH REGULAR MEETING
City Council Meeting Minutes for May 7, 2022 and May 17, 2022 WM Delinquent Garbage/Refuse Accounts – Call for Public Hearing on July 19, 2022 Approve plans & specifications and authorize bidding 5th & Clover sewer rehab project, CIP #22-18 Girls Fastpitch Field Naming Agreement
Amend Development Impact Fee Deferral Ordinance – 1st Reading Intent to Levy Lighting and Landscaping Assessment Districts Council Compensation
Fiscal Year 22/23 Budget Introduction
2nd reading Commercial Cannabis Retail Uses
2nd reading Adopt Citywide Parklet Program
JUNE 21ST REGULAR MEETING
Amend Development Impact Fee Deferral Ordinance - 2nd Reading Fiscal Year 22/23 Budget Adoption
Public Hearing
Levy Spring Lake Lighting and Landscaping District Assessment Levy Gateway Lighting and Landscaping District Assessment Levy Gibson Ranch Lighting and Landscaping District Assessment Levy North Park Lighting and Landscaping District Assessment Levy Streng Pond Lighting and Landscaping District Assessment Levy Westwood Lighting and Landscaping District Assessment JULY 5TH REGULAR MEETING
City Council Meeting Minutes for June 7, 2022 and June 21, 2022 Woodland Research Technology Park – EIR Specific Plan Adoption JULY 19TH REGULAR MEETING
Public Hearing – WM Delinquent Garbage/Refuse Accounts
Future Topics / Study Sessions:

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

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.2
SUBJECT: Proclamation Honoring May 2022 As Older Americans Month

Recommendation for Action: Staff recommends that the City Council adopt a Proclamation declaring May 2019 as Older Americans Month.

Background:

Each year, more and more older adults are making a positive impact in and around Woodland. As volunteers, employees, employers, educators, mentors, advocates, and more, they offer insight and experience that benefit the entire community. Older Americans Month has been recognizing the contributions of this growing population.

This year the theme is the Older Americans Act Nutrition Program — the first Federal program to support the well-being of older Americans through meal deliveries, nutrition services, educational programs, and counseling.

Attachments:

1. Older Americans Month 2022 Proclamation

CITY OF WOODLAND
Proclaim May 2022 as
Older Americans Month 2022
Whereas, Woodland, California includes a growing number of older Americans who contribute their strength, wisdom, and experience to our community; and
Whereas, communities benefit when people of all ages, abilities, and backgrounds are welcomed, included, and supported; and Whereas, the City of Woodland recognizes our need to create a community that provides the services and supports older Americans need to thrive and live independently for as long as possible; and Whereas, the City of Woodland can work to build an even better community for our older residents by:
Planning programs that encourage independence.
Ensuring activities are responsive to individual needs and preferences. Increasing access to services that support aging in place.

Now, therefore, be it resolved that the City Council of the City of Woodland does hereby proclaim May 2022 to be Older Americans Month. We urge every resident to recognize the contributions of our older citizens, help to create an inclusive society, and join efforts to support older Americans’ choices about how they age in their communities.

Dated: May 17, 2022
Mayra Vega, Mayor
Vicky Fernandez, Mayor Pro Tem Tania Garcia-Cadena, Council Member Rich Lansburgh, Council Member Tom Stallard, Council Member

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.3
SUBJECT: Proclamation in Support of Equal Treatment for Asian American and Pacific Islanders (AAPI)

SUBJECT: Resolution in Support of Equal Treatment for Asian American and Pacific Islanders (AAPI) RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt a Proclamation in Support of Equal Treatment for Asian American and Pacific Islanders (AAPI).

Attachments:

1. AAPI Month 2022 Proclamation

CITY OF WOODLAND
Proclaim May 2022 as
Asian American and Pacific Islander Month in Yolo County WHEREAS, the people of the United States join together each May to pay tribute to the contributions of generations of Asian Americans and Pacific Islanders who have enriched the history of the United States; and WHEREAS, the Asian-American and Pacific Islander community is an inherently diverse population, composed of more than 45 distinct ethnicities and more than 100 language dialects; and
WHEREAS, the month of May was selected for Asian/Pacific American Heritage Month because the first Japanese immigrants arrived in the United States on May 7, 1843, and the first transcontinental railroad was completed on May 10, 1869, with substantial contributions from Chinese immigrants; and WHEREAS, we recognize the history, achievements, and diversity of Asian Americans and Native Hawaiians/Pacific Islanders, and the systemic barriers to economic justice, health equity, educational attainment, and personal safety experienced by many in the Asian-American and Native Hawaiian/Pacific Islander community; and
WHEREAS, Asian Americans and Pacific Islanders have made significant contributions to the United States at all levels of local, State, and Federal government and in the United States Armed Forces; and
WHEREAS, celebrating Asian/Pacific American Heritage Month provides the people of the United States with an opportunity to recognize the achievements, contributions, and history of, and to understand the challenges faced by, Asian Americans and Pacific Islanders; and WHEREAS, the City of Woodland will work to ensure that all members of AAPI communities — no matter their background, the language they speak, or their religious beliefs — are treated with dignity, respect, and equity.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Woodland, in union with our Yolo County cities and residents, hereby proclaims May 2022 as Asian American and Pacific Islander Heritage Month.

Dated: May 17, 2022
Mayra Vega, Mayor
Vicky Fernandez, Mayor Pro Tem Tania Garcia-Cadena, Council Member Rich Lansburgh, Council Member Tom Stallard, Council Member

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.4
SUBJECT: Sustainability Advisory Committee Meeting Minutes for March 2022

Recommendation for Action: Staff recommends that the City Council receive minutes for the March 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 March 16, 2022 meeting. Items of note in these minutes include:
Item 8: Climate Safe CA Campaign
The subcommittee is using the policy rubric they developed to evaluate the campaign’s goals, its alignment to the Climate Action Plan, and identify possible impacts. The SAC will review the findings at the April meeting and develop a presentation to Council at an upcoming meeting. Item 9: VCE UltraGreen Option for City
Mark Aulman introduced the idea of the SAC evaluating the option for the City of Woodland to opt into the UltraGreen option, which would provide 100% renewable and carbon-free energy to City facilities for an additional charge. Further discussion and assignment to a subcommittee to evaluate would be added to the April agenda.
Item 11: Town Hall Update
The SAC began initial planning for a community world cafe-type event this summer that will focus on gathering community input on topics such as environmental health, sustainability, climate change, and environmental justice. Input from this event will be used to help guide the SAC’s role and direction in supporting the City’s climate action goals.

Conclusion:

Staff recommends that the City Council receive minutes for the March 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 - Mar 2022

1 SUSTAINABILITY ADVISORY COMMITTEE
MEETING MINUTES ‐ March 16, 2022

1. Call to order
Meeting called to order at 6:02 p.m.

2. Roll call

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

Absent: Liza Grandia
Staff Present: Rosie Ledesma, Sayetsi Sanchez,
Guests Present: Robin Datel

3. Authorize Remote Public Meetings as Authorized by AB 361 (Action Item) Carried on an 8‐0 vote, with one absence, committee members approve to authorize
remote public meetings.

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

Absent: Grandia

4. Public comment
There was no public comment.

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

6. Staff reports (Information Item)
Rosie reported on the following items:
 Committee meetings will need to be in person starting April 2022 at the Woodland Community Center.
 Spring Break for Woodland schools will be on the same week as the next committee’s meeting on April 20. Suggested to move the meeting to the following week, April 27, to avoid missing quorum. Committee agreed to move their meeting to April 27.
 The City of Woodland has been awarded ARP funds and have allocated 400,000 for sustainability.
 The City’s Planning Division is updating the current Zoning Code (Title 17). They are working with a consultant to make sure all codes are up to date and are designed to

2 assist with our General Plan and its policies. The goal is to build in sustainability considerations into the new zoning code based on best practices. The Planning Division will provide more information on this to the committee in hopes to receive feedback that would relate to the General Plan.

7. Approve February 19, 2022 meeting minutes (Action Item – 2 minutes) On a motion by Mark Aulman, seconded by Rolf Frankenbach and carried on a 7‐0 vote, with one abstain and one absence, committee members approved February’s meeting minutes.

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

Absent: Grandia

8. Climate‐Safe CA Campaign Update (Information Item)
Sara updated the committee that the policy group is planning to speak with city staff to better understand the implications of the campaign and then create a presentation on what is affective and what needs to be improved on the Climate‐Safe CA Campaign. Sara also mentioned that they are using a rubric to run this policy to see how it relates to our CAP goals. Further updates on their work will be provide in April.

Community member, Robin Datel from the Unitarian Church of Davis, mentioned that she has spoken to a representative of the campaign from Stockton. Robin added that they are aware that the campaign will be brought to Woodland Council and would be happy to speak to the group regarding the campaign if needed.

9. VCE UltraGreen Option for City (Information/Action Item) Aulman: VCE offers an UltraGreen option for energy utility accounts and believes there should be a campaign to promote this service. Mark also suggested to have City accounts opt in for this service as an example for the community and show their support.

Community member, Robin Datel, mentioned that her church signed up as a commitment to decarbonizing and supports the City to do the same.

This item will be discussed in further detail in April’s committee meeting.

10. Honey Festival (Information Item)
This year, the Honey Festival is scheduled on May 7, 2022. The City’s Environmental Services will be present at the event to do outreach. The Committee is invited to come table with

3 Environmental Services and have their own outreach materials if there is available staffing during the event. Next meeting, there will be a sign‐up sheet for staffing time‐slots.

11. Town Hall Update (Information Item)
Dates for the event have been re‐scheduled. At this time, June 11 is being considered for an in‐person event, as well as July 9 if June 11 is unavailable. A date for a virtual event has not been determined.

Committee members discussed the possibility of having the event combined with their monthly meetings to have everyone attend and participate. Rosie suggested that the name for the event, should be changed as the term Town Hall is more a Council‐level event.

Allison will review the feedback provided and continue to work on this item.

12. October minutes reconstruction (Information Item)
Rosie requested notes from the October 2021 meeting if available. There has been interest to attempt to re‐create the missing meeting notes. However, at this time we do not have enough to reconstruct October’s meeting minutes. If any of the committee members have notes, please send them to Rosie.

13. Work Group Updates (Information Item)
Frankenbach: With the assistance of Mark, progress has been made on the survey to label priority tree planting sites. Mark added that they are interested in the work that was done by the consultant that worked on identifying priority sites for Parks and the Woodland Tree Foundation. They will be reaching out to Christine or Westley from Parks to gain access to that information.

Ledesma: Rosie updated the committee that the Tree Ordinance is currently in progress and the Committee will receive a presentation in the summer or fall before it goes to Council.

Rosie also mentioned that Parks is working with the Woodland Tree Foundation for the tree removal requests.

Tadle: Provided an update on the electrification work group. Currently in contact with Reece Ulrich as Troy Thompson is no longer with the city. Planning to discuss the possibility of implementing a resolution and/or timeline for city fleet electrification. Raul shared a PDF from Salt Lake City which includes a resolution that provides an interesting concept on achieving long‐term objectives while laying out short‐term goals to work on. http://www.slcdocs.com/mayor/Resolution452020.pdf

Rosie mentioned that in a recent meeting with regional collaboration groups that are focusing on climate action implementation they discussed other jurisdictions and counties

4 plans for electrification. May want to reach out to further look into what others are working on.

14. Discuss long‐range calendar (Information/Action Item) Mark suggested time to be allocated to discuss ARP funding opportunities

15. Adjourn
Meeting adjourned at 7:53pm.

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.5
SUBJECT: Fire Department Quarterly Status Report for the Period of January 2022 - March 2022

Recommendation for Action: Staff recommends that the City Council accept the Fire Department Quarterly Status Report for January 2022 through March 2022.

Staff Contact:

Eric Zane, Fire Chief - 661-5861, [email protected]

Background:

The Fire Department Quarterly Status Report includes a summary of all activity within the Department. In lieu of providing comprehensive monthly status reports to the City Council and department heads via e-mail communication, the City Council now receives status reports on a quarterly basis via agenda packet.

Conclusion:

Staff recommends that the City Council accept the Fire Department Quarterly Status Report for January 2022 through March 2022.

Prepared by: Jeran Scruggs, Management Analyst

Reviewed by: Eric Zane, Fire Chief

Attachments:

1. Quarterly Report- Jan-Mar 2022

JANUARY 1-MARCH 31, 2022
*When two or three (dependent on area) engine/truck companies are committed to calls simultaneously, the remainingengine/truck companies move strategically into the vacated area(s) to ensure adequate coverage based upon the numberof available apparatus. This practice is called a “move up”.

Automatic
Aid

QUARTERLY REPORT
Total Calls for Service
2,214
Average Response Time
4:53
What types of calls did we run?
Calls for Service Comparison

STRUCTURE FIRE FIRE- OTHER FULL FIRST ALARM EMS
87% 57%100%51%
Goal:4 minutes 90% of the time
Average: 3:54
Goal:4 minutes 90% of the time
Average: 6:15
Goal:8 minutes 90% of the time
Average: 6:47
Goal:4 minutes 90% of the time
Average: 5:37
Aid Given
Aid Received
18 32
Automatic aid is
provided to another
agency through
formal agreement
and occurs
automatically on
significant events
without any special
request. .

Priority Calls
Travel Time Goal of 4 Minutes or Less90% of the Time

COMMUNITY RISK

REDUCTION
Community Risk Reduction (CRR) is a process to identify and prioritize local risks, followed by the integrated and strategic investment of resources (emergency response and prevention) to reduce their occurrence and impact.

Code Enforcement Hours
Public Education Outreach
Fire Investigations Conducted
Emergency Management Hours
23 people reached
48 21
110
Our top priority is the safety of our community members, so in order to maintain our social distance during the COVID19 pandemic; we have gotten a little more creative in the ways we interact with the public. One of these ways is participating in drive-by birthday parades. We have also enhanced our social media interaction via frequently updated information regarding City response and COVID19 information .

Public Outreach
Total Inspections Completed
498
Intentional Fires
January-March 2022
Inspection & Plan Review
January-March 2022
This Quarter

1.6% Increase
from Q1 2021

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.6
SUBJECT: Police Department Quarterly Status Report for the period of January 2022 through March 2022

Recommendation for Action: Staff recommends that the City Council accept the Police Department quarterly status report for January 2022 through March 2022.

Staff Contact:

Derrek Kaff, Chief of Police, 530-661-7865, [email protected]

Background:

The Police Department Quarterly Status Report includes a summary of all activity within the Department. In lieu of providing comprehensive monthly status reports to the City Council and department heads via e-mail communication, the City Council will now be receiving Status Reports on a quarterly basis via agenda packet.

Conclusion:

Staff recommends that the City Council accept the Police Department quarterly status report for January 2022 through March 2022.

Prepared by: Trista Kennedy, Executive Assistant

Reviewed by: Derrek Kaff, Chief of Police

Attachments:

1. 1st Quarter Report 2022

QUARTERLY REPORT
JANUARY - MARCH 2022

PRESENTED BY

CHIEF DERREK KAFF

WOODLAND POLICE DEPARTMENT

Type of Training Total Hours Description
State-mandated Training 743
3 Dept.-wide training (Blood-borne Pathogens;
First Aid/CPR/AED; Tactical Range)
1 corporal completed the 2 week POST
Supervisory course
Dept.-required Training 592 Includes 136 hrs. of training for supervisors (2 sergeants & 3 corporals)
Train-the-Trainer 168
2 new Field Training Officers
Dept. instructors for Simunitions and Defensive
Tactics
Specialty Assignments 72 Training for SWAT, CNT, Drone Team, SRO Other Training 184

OFFICE OF THE CHIEF

PERSONNEL
Sworn
Non-Sworn (FTE)
Non-Sworn (PT / Temp.)
Total

BUDGETED
71 18
8 97
JANUARY - MARCH 2022
FILLED
67 16
8 91
The Quarterly Status Report includes a wide variety of information in an effort to better inform the public and the City Council. 1 During the 1st quarter, the Police Department hired four new employees. We welcomed one new Officer, Gerardo Vega and one Records Specialist, Edith Nuno. Crime Prevention Specialist Marisa Ramirez and part-time Crime Prevention Specialist Alexis Olmedo joined the department as well.

TRAINING
The Department completed 1,759 hours of training during the first quarter:

PATROL BUREAU
The backbone of any police organization is its Patrol Bureau. Patrol provides quality law enforcement services to our community 24 hours every day, 365 days per year.

During this quarter, the police department made approximately 727 total adult arrests. Of the 727 arrests, 19% of the persons arrested reported they were transients.
2 CRIME
Homicide
Sex Crimes
Robbery
Aggravated Assaults
Simple Assaults
Burglary
Larceny/ Thefts
Motor Vehicle Theft
Arson*
TOTAL
CATEGORY JAN.
0 10
6 20
21 12
90 15
3 177
FEB. MAR.
1ST
QTR.

TOTAL
0 20
10 62
59 49
266
40 4
510

PREVIOUS
QTR.

TOTAL
2022
YTD
0 20
10 62
59 49
266
40 4
510
2021
YTD
0 2
9 48
100
69 237
61 2
528

Incident Reports
(includes online reports)
Mail-in Reports (MLRs)
TOTAL
JAN.
598

44 642
MAR.
1ST QTR.

TOTAL
1,672

115

1,787

PREVIOUS
QTR.

TOTAL

REPORTS
FEB.
2022
YTD
1,672

115

1,787
1,721

142

1,863

2021
YTD
0 6
0 20
19 19
95 14
1 174
0 4
4 22
19 18
81 11
0 159
0 22
15 59
63 44
258
54 2
517

581

30 611
493

41 534
1,664

124

1,788

*Unlawful burning is not captured or reflected above in the Part-1 stats for Arson.

Priority 274.9%
Priority 319.3%
Priority 15.8%

PATROL BUREAU
1ST QUARTER

CALLS FOR SERVICE

PRIORITIES

RESPONSE TIMES

WORK LOAD
Priority 1
Priority 2
Priority 3
FEB.JAN.
07:28
12:10
19:27

MAR.
1ST QTR.

AVERAGE
7:28
13:13
16:41

PREVIOUS QTR.

AVERAGE

CALLS FOR

SERVICE
Priority 1
Priority 2
Priority 3
All other calls for
service
TOTAL
JAN.
71 973
286
4,502

5,832
FEB. MAR.
248
3,237
788
12,940

17,213

TOTAL
PREVIOUS QTR.

AVERAGE
3 2021 1ST
QTR. AVERAGE
7:48
11:40
17:07

2021 1ST QTR.

AVERAGE
188
3,081
810
13,403

17,482

07:56
14:06
22:20

08:48
14:29
19:58
8:04
13:35
20:35

80 1,007
265
4,413

5,765
88 1,081
235
4,947

6,351
239
3,061
786
13,862

17,948

The Investigations Bureau conducts follow-up criminal
investigations on all felony and select misdemeanor crimes reported to the Police Department. Typically, a uniformed police officer responds to a call for service and prepares a police report which may require follow-up investigation. A Police Investigator is then assigned to conduct the follow-up, often requiring many hours of investigation before an arrest is made or a case is closed.

INVESTIGATIONS BUREAU

PATROL BUREAU
4

INVESTIGATIONS BUREAU

TOTAL REGISTRANTS
Total transient registrants
290 PC violation warrants issued
Not in compliance with annual update
290 REGISTRANT ACTIVITY

PROPERTY AND EVIDENCE
290 REGISTRANTS
5 JAN.
150
27 0
1 FEB. MAR.

Evidence Processed
*Items Purged
Property for Safekeeping
Found Property
Property Returned to Owner
JAN. - DEC.2022
984
1,191
105
57 126

PREVIOUS
QTR. TOTAL
1,373
1,215
221
158
68 150
24 0
1 149
24 0
1

INVESTIGATIONS BUREAU
The Gang Task Force (GTF) has continued proactive and directed enforcement patrols, conducted investigations and has made numerous arrests for weapons violations, narcotics violations and warrants. GTF conducted numerous Probation/Parole searches throughout the City of Woodland and members of GTF assisted YSO at the annual Almond Festival.

A seventeen-year-old male was arrested and booked into Juvenile Hall for robbery and assault with a deadly weapon. This arrest was based on an incident in which the victim was robbed and beaten outside of a local business. The juvenile suspect entered a plea deal for battery causing serious bodily injury.

In another case, a sixteen-year-old male and a seventeen-year-old male were arrested and booked into Juvenile Hall for several charges including robbery and battery causing serious bodily injury. Several search warrants were written for cell phone and social media accounts. Based on evidence collected, it was determined the juveniles were also responsible for a carjacking that occurred at UC Davis the same day as the Woodland robbery. GTF has been working closely with UC Davis Police Department Detectives on their case and the suspect’s will be arrested once the investigation is completed.

An adult suspect was arrested for an attempted murder case that occurred in 2021. The suspect had several warrants and had eluded police and detectives for several months. In addition, Grand Jury proceeding were conducted at the Police Department for the Alvaro Gamera homicide. Members of GTF testified in the matter and assisted with the process.

The two adult suspects were indicted on all counts and a third suspect was already facing homicide charges in a Sacramento county case. GTF members have also been assisting Sacramento County Investigators and Sacramento DA in that matter.

GTF served several residential search warrants. Among them, a search warrant for narcotics was served at a Woodland residence. Heroin, fentanyl and prescription pills (Percocet) were located along with over $4000 in cash and gang indicia. An adult female was arrested and booked for drug sales. A search warrant was served in Sacramento concerning a robbery and assault with a deadly weapon case that occurred at a local business. An adult male was arrested and booked for robbery and other charges.

GANG TASK FORCE
6

COMMUNITY

RELATIONS BUREAU
The Community Relations Bureau is also responsible for all community outreach events and media relations.
7 TRAFFIC UNIT
The Traffic Unit is comprised of one motor Sergeant, three motor officers and two part- time parking enforcement officers.

The Traffic Unit had the following activity for the 1st quarter of 2022:

During the 1st Quarter, the Woodland Police Department Traffic Unit conducted the following OTS Grant Traffic Enforcement Details:
·Two Primary Collision Factor enforcement details
·Two DUI saturation details
The YGRIP Steering Committee met on February 3, 2022 via Zoom. YGRIP staff has been working with the Police Chief and City Manager on planning a revision to the YGRIP Steering Committee, Operational Team and overall city approach to reducing gang violence. YGRIP meetings are now occurring quarterly. At the February 3rd meeting the Deputy Chief was appointed to lead the Operational Team. The Operational Team will meet on May 5 via Zoom. At this meeting, the Operational Team will restructure referral procedures and conduct an inventory of available services throughout Yolo County, which will benefit the overall YGRIP mission.

YOUTH GANG REDUCTION, INTERVENTION
& PREVENTION (YGRIP)
Traffic Collisions Investigated by Unit
Traffic enforcement citations issued
Parking citations issued
Abandoned vehicle complaints
Abandoned vehicles towed
JAN. - MAR.
2022
15 644
504
325
19 PREVIOUS
QTR. TOTAL
29 310
481
260
38

COMMUNITY

RELATIONS BUREAU
8 GANG RESISTANCE EDUCATION AND
TRAINING (G.R.E.A.T.) PROGRAM
January 30th, 2021 Single Vehicle roll over Traffic Collision with injuries March 19th, 2022 Single vehicle fatal collision
MAJOR COLLISION INVESTIGATIONS:

SPECIAL EVENTS:

On February 1st 2022 the traffic motor unit assisted with the Funeral of Elk Grove Police Traffic Motor Officer Ty Lenehan.

On February 27, 2022 the traffic motor unit assisted the Yolo County Sheriff’s Office with the Yolo County Almond Festival.

The Woodland Police Department instructors are working closely with the Woodland Joint Unified School District and are implementing the GREAT Program to all 4th grade and 7th grade students for this 2021-2022 school year.

The second half of all 4th graders, as well as the 7th graders of Lee Middle School have started the GREAT program during the first quarter of 2022.

COMMUNITY

RELATIONS BUREAU
9 The Department ViP program consists of 37 Volunteers and 7 Chaplains. The VIPs and Chaplains contributed 356.75 hours for the 1st quarter for 2022.The total number of volunteer hours for 2022 are 356.75. The total hours for this quarter are:

VOLUNTEERS IN POLICING PROGRAM
The SROs had the following activity for the 1st quarter of 2022:

There are three School Resource Officers (SROs) assigned to schools within the Woodland Joint Unified School District. They are responsible for all calls and incidents involving students while on school grounds. While responsible for typical calls for service at the campus, the SROs provide a much greater service.The SRO’s have taken on mentorship roles with some students. The relationships between the students and SRO’s have provided mental health assistance, assistance in graduating, and obtaining employment.

During the first quarter of 2022, the SRO’s taught over 64 GREAT classes to 4th and 7th graders. The SRO’s continue to investigate incidents involving social media and students.These investigations are time consuming; require a close working relationship with school staff, trust from the students, and teamwork between the SRO’s. SRO’s also spend a great deal of time addressing bullying issues.

The SRO’s started planning the summer PAL program and aim to include approximately 80 youth in the program.

VIP HOURS
Chaplains
Volunteers
JAN. FEB. MAR. TOTAL
7 97
19 62
24 147.75
50 306.75

SCHOOL RESOURCE OFFICERS (SRO)
Fighting
Administrative Assistance
Home Visits
GREAT Presentations
Overall Total
JAN.
18 61
11 18
108
FEB. MAR. TOTAL
44 257
40 64
405
14 117
15 11
157
12 79
14 35
140

COMMUNITY

RELATIONS BUREAU
10 March 30th – Community Safety Conversations at Yolano/Donnelly March 31st – Cesar Chavez Celebration at Heritage Plaza The objective of the UNIDOS program is to provide an opportunity for the Woodland Police Department to build a strong relationship with our Spanish-speaking residents and to serve as a resource center to help create an improved quality of life for the entire community.

UNIDOS has continued to build its followers on the UNIDOS – Woodland PD en Español page. We have reached over 300 followers. The UNIDOS page has posted upcoming events it is involved in and it serves to provide information that affect the quality of life for our residents.

As the pandemic requirements eased, UNIDOS was invited to participate in a couple of events:

The events were a success. We are looking forward to all the upcoming events in the 2nd quarter.

UNIDOS
The Woodland Police Department Volunteers assisted with graffiti abatement, purging, and filing in Records, mailing out alarm permits, area patrols, blight abatement, and abandoned vehicle abatement. We resumed with our Monthly ViP meetings in March. The Chaplains are continuing their very important duties of being a critical support for our officers and the members of our community.

EXPLORERS
The Explorer program was not active until the end of February due to COVID restrictions. Since the restrictions lifted we have met as a group for our monthly trainings two times as of April 8th. However, we plan to continue our trainings on a bi- weekly basis and have been receiving more interest through our on-line interest forms for recruiting purposes. We are also actively recruiting at the High Schools.

Upon meeting as a group several Explorers shared stories on how the de-escalation training we had done as a group helped them in real world environments. Both Explorers had been at work and were able to diffuse stressful and dynamic situations with positive results. They further mentioned they were trained far better than other employees.

COMMUNITY

RELATIONS BUREAU
11 In January, the shelter was not accepting new clients because of positive COVID cases.

HOST continued to interact with the people experiencing homelessness during this time.

When the shelter began accepting clients again, HOST coordinated with those seeking services to get them spots at the shelter.

HOST continued to visit Ralph Harris Park along with the assistance of patrol. During nighttime and early morning patrols, there was a significant decrease in camping.

Citations were written when violations of the law were occurring.

HOST participated in the Point in Time Count during this quarter. They assisted in making contact with people experiencing homeless and surveyed them in regards to their time and reasons for being homeless.

HOST coordinated with City and County staff to clean up along the River Road. There was 36,820 pounds of trash collected and taken to the dump. Three people experiencing homelessness that were still present on the day of clean up were offered services. One person was found to have a warrant and arrested.

The following are some approximate general statistics related to HOST activity for the last quarter:

HOMELESS OUTREACH STREET TEAM
During the meetings, the Explorers were put in leadership roles and were able to guide their peers through training and did an excellent job. It was apparent their communication skills have vastly improved. The Explorers learned basic patrol functions and policy regarding the use of spike-strips used to enable vehicles during pursuits and they had the ability to see it used. The Explorers also learned how to complete basic parking enforcement procedures and forms to assist officers when they begin patrol ride alongs in the near future.

Contacts
Camps
Camps cleaned
Services offered/accepted
Business contacts
Arrests
Downtown Patrols
JAN. - MAR.
2022

PREVIOUS
QTR. TOTAL
889
271
128
337 / 52
96 44
195
829
251
120
321 / 54
70 33
142

COMMUNITY

RELATIONS BUREAU

RECORDS DIVISION
The Records Division serves as one of the most important functions in the Department. The Division is responsible for entering and processing all crime, traffic, warrant, citation, towed vehicles and property information into computerized databases.

Reports processed
Citations entered
Traffic collisions
Warrants
JAN. - MAR.
2022
685
1,151
158
429

PREVIOUS
QTR. TOTAL
2,644
1,657
138
684
The Records Division has been experiencing staffing shortages due to vacancies.

Additionally, the new hire Records Specialist training takes time to complete. Once our new Records Specialists are trained, we will be expanding our lobby hours. 12 On March 25, 2022, Officer
Nava was recognized by
American Legion Post 77 for
being the 2021 Woodland
Police Department Officer of
the Year. Post 77 has held
this annual ceremony
honoring Law Enforcement
officers from Yolo County for
over 40 years. Officer Nava
was nominated as Officer of
the Year by his fellow
officers. Individuals who
receive the award must
demonstrate the highest
ethical and professional
standards. As a motor officer,
he led the department in
proactive contacts, was the
lead investigator in several
major collisions, and
regularly helped patrol with
high-priority calls.

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.7
SUBJECT: Contract Amendment for Construction Management and Inspection Services for Improvements Associated with the Parkside 3 Subdivision Improvements

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, to approve amendment #1 for construction management and inspection with UNICO Engineering Consultants (UNICO), in the amount of $80,000 for the Parkside 3 Subdivision Improvements and authorize the City Manager to execute the agreement.

Staff Contact:

Miguel Chavez, Construction Project Manager – (530) 661-5952, [email protected]

Fiscal Impact:

Construction management and inspection of the Parkside 3 Subdivision Improvements are funded by fees paid by the developer into a specific deposit account for this purpose.

The original contract for Parkside 3 was approved on March 17, 2021, for $206,000.00. Amendment 1 is for $80,000. If approved, the current amendment will bring the total construction management cost to $286,000.

There is no impact to the General Fund.

Background:

On September 1st, 2020, the City Council approved the Parkside 3 Tentative Subdivision Map No. 5155. Construction of the Parkside 3 Subdivision Improvements began in March 2021. This project has been under construction for 14 months.

Contracts for the Construction Management and Inspection of these improvements were executed with UNICO based on review of the City’s short list of approved firms for this work and the experience of each providing similar services. UNICO was deemed the most qualified to provide these services for the City.

Discussion:

The construction of this Subdivision project includes improvements that will be city-owned once completed. As such, the City is required to provide construction management and inspection for these projects. The recommended action to execute the consultant agreement amendment will allow for the continuation in providing these construction services.

Consultant contracts for Construction Management and Inspection are based on the amount of time spent on the project. The initial consultant contracts were executed based upon the schedule for completion provided by the developer at the time of contract execution. This project is past its originally scheduled completion date. As work continues past the original completion date, the time required for inspection also continues past the original completion and thus requires additional payment.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, to approve amendment #1 for construction management and inspection with UNICO Engineering Consultants (UNICO), in the amount of

$80,000 for the Parkside 3 Subdivision Improvements and authorize the City Manager to execute the agreement.

Prepared by: Miguel Chavez, Sr. Construction Project Manager Reviewed by: Katie Wurzel, Principal Civil Engineer
Brent Meyer, Community Development Director / City Engineer

Attachments:

1. Resolution for CM and Inspection UNICO Amendment #1 220517

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND TO APPROVE AN AMENDMENT WITH UNICO ENGINEERING CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR PARKSIDE 3 SUBDIVISION

IMPROVEMENTS
WHEREAS, On September 1 st, 2020, City Council approved the Parkside 3 Tentative Subdivision Map No. 5155; and
WHEREAS, the Parkside 3 Subdivision Improvement project and associated improvements have been in construction since March 2021; and
WHEREAS, the original contract with UNICO Engineering Consultants(UNICO) was for $206,000 and Amendment #1 is for $80,000 for a contract total of $286,000; and WHEREAS, the City desires to continue to have the construction management and inspection of these improvements performed by an experienced consultant selected by a qualification based selection process; and WHEREAS, the City Council wishes to approve the Amendment and authorize its execution through the adoption of this Resolution; and

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

Section 1. The City Council hereby approves the consultant services amendment with UNICO Engineering Consultants Inc. and authorizes and directs the City Manager to execute the Amendment in the amount of $80,000 for the Parkside 3 Subdivision Improvements, 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 in the Amendment does not change.

Section 2. An executed copy of the Amendment is 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 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.8
SUBJECT: Fiscal Year 2021/2022 Library Trust Fund Appropriation Increase

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing an increase to the Library Trust Fund (fund 917) appropriations from $38,500 to $97,465, a total increase of $58,965 in support of additional grant funded program costs.

Staff Contact:

Greta Galindo, Library Director, 530-661-5984 [email protected]

Fiscal Impact:

The $58,965 total increase to the Library Trust Fund Budget is due to two new Library programs.

1. The Woodland Public Library (WPL) was awarded $19,965 in federal Library Services and Technology Act (LSTA) funds for a new "Memory Lab" project in Square One.Patrons will be able to digitize paper-based documents, photographs, VHD/VHS-C cassette tapes, audio cassettes, and migrate data from DVDs, CDs, Zip disks, and 3.5” floppy disks. WPL’s Memory Lab will be a hub for various community groups in Woodland, connecting with California’s established Memory Labs to create a statewide Memory Lab Network and become part of the national Memory Lab Network.

2. The Woodland Public Library and Yolo Office of Education (YCOE) have partnered to offer Entrepreneurship classes in Square One. A 3-year MOU between the organizations includes funding from YCOE ($39,000) for staffing and equipment to host the classes in Square One, taught by a credentialed YCOE teacher.

Discussion:

The City Council approved the Fiscal Year 2021/2022 Library Trust Fund Budget of $38,500 based on the estimates for library program funding that is supported by the Library Trust Fund. WPL received additional funding through LSTA grants and the partnership with YCOE that was not anticipated when developing the Fiscal Year 2021/2022 Library Trust Fund Budget.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, authorizing an increase to the Library Trust Fund (fund 917) appropriations from $38,500 to $97,465, a total increase of $58,965 in support of additional grant funded program costs.

Prepared by: Greta Galindo, Library Director

Reviewed by: Evis Morales, Finance Officer

Attachments:

1. Resolution

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING AN INCREASE TO THE FISCAL YEAR 2021/2022 LIBRARY TRUST

FUND BUDGET
WHEREAS, the City of Woodland staff wishes to increase the Fiscal Year 2021/2022 Library Trust Fund Budget appropriation from $38,500 to $97.465: and WHEREAS, the additional appropriations use funding awarded from a LSTA grant ($19,965) and through an MOU with the Yolo County Office of Education ($39,000);

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND hereby approves an increase to the Library Trust Fund (fund 917) appropriations from $38,500 to $97,465, a total increase of $58,965 in support of additional grant funded program costs.

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.9
SUBJECT: 2022 Road Maintenance Project, CIP 22-06; Approve Plans and Specifications, Authorize Bid Advertisement

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, approving the project plans and specifications for the 2022 Road Maintenance Project, CIP 22-06 and authorizing bid advertisement.

Staff Contact:

Justin Lau, Junior Engineer, (530) 661-5960, [email protected]

Fiscal Impact:

The project is identified in the current Capital Budget as CIP 22-06 with a project budget of $1,125,000. The project funding is comprised of $1,100,000 in Measure F funding, and $25,000 in Water Enterprise Funds to fund improvements associated with water utility conflicts. This project funding is consistent with the current approved Capital Budget and the Measure F Spending Plans.

The engineer’s estimated cost of construction for the base bid is $760,000. The difference between the total project budget and the engineers' estimate is the amount budgeted for design, construction management, inspection and construction contingency. The project will be bid with one additive alternative (Add Alt A) to provide the flexibility to award as much work as possible while ensuring the project does not exceed the approved funding. The engineer's estimate for Add Alt A is $100,000.

Background:

In November 2016, Woodland voters approved Measure F, which extended the ½ cent sales supplemental sales tax. The 12-year approval of Measure F, a General Tax, includes funding for general city services such as street maintenance.

Staff maintains a pavement management program that tracks pavement conditions and aims to address pavement maintenance on local streets with the Measure F funds.

Discussion:

Pavement maintenance is significantly different than pavement rehabilitation or reconstruction which repairs failed roadways. The goal of pavement maintenance is to prevent reactive road repair by proactively preserving and maintaining pavements in fair condition which have not yet deteriorated to the point of needing rehabilitation.

To increase cost efficiency and minimize public inconvenience, pavement maintenance for local/residential streets has been completed in discrete ‘zones’ of the city. Geographically bounding projects reduces the cost for construction and traffic control; it also increases the effectiveness of management and inspection. Over the past 14 years, the city has completed pavement maintenance projects in all of the 14 designated zones. With road maintenance having been completed on local roads in all 14 designated zones, staff has shifted its focus to collector streets in need of preventative maintenance services for the 2022 Road Maintenance Project.

The current project scope is to provide pavement maintenance (pavement grind & overlay) on the following corridors:

Base Bid
• Cottonwood Street (W. Main Street to W. Beamer Street) • North Street (Fourth Street to East Street)
Add Alt A
• North Street & Fourth Street Intersection
The streets identified for treatment above were chosen because they are at an age and condition prime for pavement surface work to preserve their condition and extend their useful life. Pavements should be resurfaced within the first 5-7 years after construction and every 7-10 years thereafter, to prevent age related cracking that can progress into premature asphalt failures.

Upon Council authorization, project bids will be solicited and staff anticipates returning to Council for contract award in June 2022 for a construction start date in July 2022.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, approving the project plans and specifications for the 2022 Road Maintenance Project, CIP 22-06 and authorizing bid advertisement.

Prepared by: Justin Lau, Junior Engineer

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

Attachments:

1. Resolution

2. Project Map

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2022 ROAD MAINTENANCE PROJECT, CIP 22-06; AND AUTHORIZING BID ADVERTISEMENT
WHEREAS, the City of Woodland has $1,125,000 of Measure F and Water Enterprise funds identified in the Capital Budget to maintain and extend the life of Woodland's street network, referred to as the 2022 Road Maintenance Project, CIP 22-06 (the “Project”); and WHEREAS, the funding is consistent with the Capital Budget and the Measure F Spending Plans; and WHEREAS, the Federal Highway Administration and Department of Justice published a directive that surfacing projects awarded after July 1, 2014 that improve the roadway structure must improve ADA ramps within the project limits; and
WHEREAS, the City Council desires to expend the funds and to construct the Project improvements; and WHEREAS, the Project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and is considered exempt under the Existing Facilities exemption, CEQA Guideline 15301(c).

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

Section 1. The City Council hereby approves the plans and specifications for the 2022 Road Maintenance Project, CIP 22-06, which are available on file with the City Clerk.

Section 2. The City Council authorizes City staff to advertise the 2022 Road Maintenance Project, CIP 22-06 for bids, with construction anticipated to begin in July 2022.

Section 3. The City Council finds that the Project is exempt from CEQA pursuant to CEQA Guideline 15301(c).

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.10
SUBJECT: Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06; Approve Contract Amendment No. 2 with Mead & Hunt for Professional Engineering, Environmental and Permitting Services

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute Amendment No. 2 to the professional services agreement with Mead & Hunt for the Yolo Bypass West Levee Culvert Replacement Project, also known as the Storm Drainage Outfall Channel Culvert Structure Project, for an additional amount up to $49,592.

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 $3,985,000 which consists of $2,560,000 of American Rescue Plan Act funds, $300,000 of Storm Drain Development Funds, $200,000 of Sewer Enterprise Funds and $925,000 as a contribution from Yolo County to cover costs for design, permitting, the awarded construction contract, environmental services, and construction management and inspection. At the end of the project, the final project costs will be shared at a 74% City and 26% County allocation.

Mead & Hunt (M&H) has been involved in the project design work since 2019, including work in support of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance. Approval of amendment #2 for CIP# 20-06 will bring the total not-to-exceed cost for Project design, permitting and engineering services through construction up to $457,020 from the previous contract amount of $407,428. The amendment covers Mead & Hunt services through construction according to the attached scope of work.

There is no impact to the General Fund.

Background:

The City’s entire storm drainage system outlets to the Yolo Bypass through the Outfall Channel and culverts through the Yolo Bypass West Levee (YBWL). The existing culverts were constructed around 1971 and do not meet current engineering standards for pipe penetrations through levees that protect urban areas. Additionally, storm drainage flows have increased since 1971 due to development within the City and an updated understanding of regional hydrology shows that additional capacity is needed through the culverts crossing the YBWL. Lastly, the existing culverts have corroded and thus need to be replaced.

Multiple permits are being acquired from the various agencies that authorize construction activities on Federal Flood Control Project levees or review construction projects for their effects on the environment. Amendment #2 with M&H includes the scope of work necessary to conform the Project’s design to the various permit conditions required as a result of CEQA and NEPA compliance.

Discussion:

The Project generally includes excavation of the YBWL and removal of the three 48-inch diameter metal

Outfall Culverts and installation of four new 6 foot by 6 foot concrete box culverts. The work includes significant dewatering and environmental mitigation because the existing culverts are several feet underwater on both sides of the YBWL. Permitting work was expected to take more than one year with permits required from several federal and state agencies including, among others, the United States Army Corps of Engineers, the Central Valley Flood Protection Board, the Regional Water Quality Control Board, and California Department of Fish and Wildlife. In order to comply with conditions now stipulated in the required permits, additional funding for M&H is required to complete the Project’s permitting, environmental compliance, and conformed improvement plans as well as to provide engineering support services through construction as detailed in the attached scope of work from M&H.

The City advertised a Request for Qualifications for On-Call Engineering Services in April of 2019 and received sixteen submittals. On June 5, 2019, the City selected nine of the firms to be on the City’s on-call engineering services list. City staff elected to use M&H from the approved list of firms for the YBWL Culvert Replacement Project due to their experience in the design and permitting of levee projects.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute Amendment No. 2 to the professional services agreement with Mead & Hunt for the Yolo Bypass West Levee Culvert Replacement Project, also known as the Storm Drainage Outfall Channel Culvert Structure Project, for an additional amount up to $49,592.

Prepared by: Mark Miller, Associate Engineer

Reviewed by: Tim Busch, Principal Utilities Civil Engineer Brent Meyer, Community Development Director / City Engineer

Attachments:

1. Resolution

2. Mead & Hunt Amendment No. 2

82093.00006\8679936.2
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

APPROVING A PROFESSIONAL SERVICES AMENDMENT FOR THE YOLO BYPASS WEST LEVEE CULVERT REPLACEMENT PROJECT, CIP 20-06 WHEREAS, the City Council approved Resolution 7374 on November 19, 2019 to execute a professional services agreement for preliminary design services with Mead & Hunt (M&H) for the Yolo Bypass West Levee Culvert Replacement Project, which is also known as the Storm Drainage Outfall Channel Outlet Structure Project (the “Project”); and WHEREAS, the City Council approved Resolution 7570 on October 6, 2020 to execute amendment #1 to the professional services agreement for design services with M&H for the Project; and
WHEREAS, M&H has completed the preliminary design, permitting and environmental services for the Project; and
WHEREAS, the City of Woodland wishes to enter into a second professional services amendment with M&H for permitting and engineering support services through construction; and WHEREAS, the professional services amendment #2 with M&H authorizes an additional contract amount of up to $49,592 to cover final permitting and construction support scopes of work. The current contract amount is $407,428 and with this amendment the new contract amount is $457,020; and
WHEREAS, the City Council wishes to approve the amendment and authorize its execution 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 amendment between the City and Mead & Hunt in the amount of $49,592 for a total contract amount of $457,020. The City Manager is hereby authorized and directed to execute the amendment, 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 in the amendment does not change.

Section 2. Copies of the professional services amendment #2 for permitting and engineering support services are available and on file in the City Clerk’s office, and are incorporated herein by reference and made a part of this Resolution.

82093.00006\8679936.2
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

PROJECT NUMBER R2333600 -192926.01

Scope of Work for
Yolo Bypass West Levee
Culvert Replacement
Amendment 2

April 18, 2022

1 Project Name: Yolo Bypass West Levee Culvert Replacement Project Project Location: Woodland, California
Project Description: The City of Woodland’s (City) Yolo Bypass West Lev ee Culvert Replacement Project (Project) consists of the design and construction of new levee culverts to replace the existing culverts which convey drainage from the City to the Yolo Bypass. The culverts are the primary drainage outlet for the City, and the existing culverts are beyond their useful service life. The failure of the culverts could adversely affect the integrity of the Yolo Bypass levee system. The replacement drainage culverts, and closure structures will be designed in accordance with the current United States Army Corps of Engineers (USAC E), Central Valley Flood Protection Board (CVFPB), and Urban Levee Design Cr iteria guidance for levee penetrations.

Mead & Hunt, Inc.’s (Mead & Hunt’s) work will invo lve project management, preliminary and final design. Services also include geotechnical investigations and reporting (not completed), topographic surveying (completed), environmental studies (completed), permitting services (on-going), preparation of design reports, plans, specifications, construction cost estimates, and quality control of all work products (completed).

Organization: Mead & Hunt is responsible for the performance of services provided under this Scope. We have assembled an engineering team includ ing Blackburn Consulting (Blackburn), who will provide geotechnical services; Sycamore Environmental Consultants, Inc. (Sycamore), who assist with environmental studies and permitting; InContext Cultural Resources Solutions (InContext), who assist with cultural studies; and UNICO Engineering (UNICO), who provided topographic surveying (completed) during the preliminary design phase. Mead & Hunt is the prime consultant, responsible for the project’s civil design aspects, overall project management and coordination, and Quality Assurance.

Final design, bidding, and environmental reviews are complete. This amendment includes a detailed scope of work and budget for Tasks 1 (Project Manag ement); 5 (Permitting); 7 (Bidding and Award Support limited to prepare Conformed Documents); and 8 (Construction Support).

After receipt of authorization to proceed, Mead & Hunt shall:

1.1 Progress Review Meetings
We will conduct periodic progress meetings (up to 2) to coordinate the project construction

2 activities with the City. We will prepare agendas, meeting minutes, and an action item summary and distribute to the City and design team following each meeting.

1.2 Monthly Progress Reporting
Mead & Hunt will prepare monthly summary of service s reports to document project activities in the previous month and will be submitted with the monthly invoice.

The 65% submittal of the drawings and cost estimate have been prepared by Mead & Hunt in accordance with the contracted Scope of Services. No additional budget or change in scope is being requested for this task under this amendment.

The Preliminary Permitting and Environmental Services tasks have been completed in accordance with the contracted Scope of Services. No additional budget or change in scope is being requested for this task under this amendment.

The Environmental Review services tasks have been c ompleted in accordance with the contracted Scope of Services. No additional budget or change in scope is being requested for this task under this amendment.

Mead & Hunt has identified the following permits and/or approvals that may be required to complete the Project.

5.1 USACE Nationwide (Clean Water Act, Section 404)
Mead & Hunt will continue to provide support services to coordinate with the CVFPB and respond to information requests from the USACE regarding th e processing of the Section 404 CWA Nationwide Permit (NWP) Pre-construction Notice (PC N) application.

5.4 CVFPB Encroachment Permit (California Code of Regulations, Title 23) and USACE Section 408 Permission (Rivers and Harbors Act, Section 408) Mead & Hunt will continue to provide support services to coordinate with the CVFPB on processing of the encroachment permit application package and additional information requests necessary to obtain the CVFPB Encroachment Permit a nd USACE Section 408 Permission.

The Final Design submittal of the drawings and cost estimate have been prepared by Mead &

3 Hunt in accordance with the contracted Scope of Services. No additional budget or change in scope is being requested for this task under this amendment.

The Project Bidding and Award Support services have been performed by Mead & Hunt in accordance with the contracted Scope of Services, except for preparation of the Conformed/Issued for Construction documents. Additional budget is being requested for this task to cover preparation of the conformed plans and specifications under this amendment.

Mead & Hunt will provide engineering construction support activities during Project construction, administered by the City, including periodic site visits to oversee construction progress in accordance with the design intent, responses to requests for information, review and responses to submittals, preparation of design changes, and preparation of record documents/project close- out.

8.1 Site Visits
Mead & Hunt will make periodic site visits to oversee construction progress, including a final site visit upon Project completion to assist with preparation of a contractor punch list. Budget assumes a total of 3 site visits.

8.2 Submittal Reviews
Mead & Hunt will assist the City with review and responses to contractor submittals. Budget assumes review of 15 submittals, including limited re-submittals.

8.3 Responses to RFIs and Preparation of Design Changes Mead & Hunt will assist the City with review and responses to contractor requests for information.

Budget assumes review of 10 RFIs. This task also i ncludes an allowance for preparation of 1 design change modification, if necessary.

8.4 Preparation of Record Documents
Mead & Hunt will prepare the record drawings and technical specifications based on the as-built information provided by the contractor and City.

8.5 Construction Close-Out Support
Mead & Hunt will provide assist the City with construction close-out activities, as requested.

• Written responses to contractor submittals
• Written responses to contractor RFIs

4 • Design drawing(s) and narrative for contract desig n changes, if necessary • Record documents - Electronic (PDF) copy

The following assumptions were made in the development of this scope of work:

• All PDF documents will be provided in searchable f ile formats. • Progress Review meetings will be at Mead & Hunt of fice or via Microsoft Teams.

Attendance at weekly contractor construction progr ess meetings is not included.

This scope of work does not include quality assura nce testing or special inspections during construction, which will be performed by others.

This scope does not include quantity verifications for verification of contractor pay requests.

This scope does not include agency notifications, reporting, surveys, or biological monitoring for compliance with permit conditions.

Contractor’s submittals are properly packaged to i nclude the relevant data for completion of reviews, with no more than 1 resubmittal for response to comments provided.

Our scope of work and schedule is based on the City performing the following:

• A designated representative with complete authorit y to transmit instructions and information, receive information, interpret policy, and define decisions. • Access to the project site.
• Available data, drawings, and information related to the project. • Protection of Mead & Hunt-supplied digital informa tion or data, if any, from contamination, misuse, or changes.

The schedule was developed based upon current sched ule to complete construction in 2022.

Major Milestones:
• April 2022 – Construction Contract Award
• July 2022 – Contractor Mobilization
• November 2022 – Construction Complete and Contract or Demobilization • December 2022 – Construction Closeout Support

5 A budget summary for Final Design Services is enclosed as Attachment A . The effort expended for each task will vary, depending upon the project requirements. However, the total budget expended will not be exceeded without prior written approval from the City. Total compensation for the Services Scope is estimated to be Forty-Nine Thousand, Five-Hundred a nd Ninety-Two Dollars ($49,592.00).

Attachment A
Task
Sub-Task
Amount Task Total

1.0 Project Management 4,890 $

1.1 Progress Review Meetings (2 meetings) 2,640 $

1.2 Monthly Progress Reporting (9 months, April '22 to December '22) 2,250 $

5.0 Permitting 12,148 $

5.1 Section 404 USACE Nationwide Permit 4,764 $

5.4 CVFPB Encroachment Permit and USACE Section 408 7 ,384 $

7.0 Project Bidding and Award Support 2,040 $

7.5 Prepare Conformed Documents 2,040 $

8.0 Construction Support 30,514 $

8.1 Site Visits 3,281 $

8.2 Submittal Reviews (up to 15) 12,213 $

8.3 Responses to RFIs (10), and Preparation of Design Changes (1) 7,728 $

8.4 Preparation of Record Documents 5,168 $

8.5 Construction Close-out Support 2,124 $
Total Contract Amount 49,592 $
Yolo Bypass West Levee Culvert Replacement Project
City Agreement CM# 001021, Amendment No. 2
Mead & Hunt, Inc.

April 18, 2022
\\corp.meadhunt.com\sharedfolders\entp\2333600\1929 26.01\CFEE\Contract\Amendment 2 2022\Woodland Yolo Bypass Culverts Amendment 2 Cost Estimate.xlsx

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.11
SUBJECT: Agreement for Countywide Homeless Coordination Project

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, approving a new five-year Homeless Coordination Project Agreement for the period of July 1, 2021 – June 30, 2026 (Fiscal Years 2022 - 2026) and authorizing the City Manager to execute any and all agreements necessary for the City to implement the project.

Staff Contact:

Dan Sokolow, Senior Planner, (530) 661-5927, [email protected]

Fiscal Impact:

There is no impact to the General Fund as City participation in the Homeless Coordination Project will be funded through the Housing Assistance Fund (326) at an annual cost of $20,000.

Background:

The City has partnered with the other cities in Yolo County and the County since 1988 to support the countywide Homeless Coordination Project. The project helps fund a Homeless Coordination position within the Yolo County Health and Human Services Agency to provide coordination of the countywide homeless system and supports the operation of the Yolo Wayfarer Center’s emergency shelter during the four-month cold weather season. Yolo County administers the Homeless Coordination Project for the county and cities.

Discussion:

The annual cost of the Homeless Coordination Project is $73,300 and will be funded by Yolo County, $23,300; Woodland and West Sacramento, $20,000 each; and Davis, $10,000. Davis is not contributing to the Yolo Wayfarer Center’s emergency shelter since a shelter is located in the city. The Agreement for the project begins on July 1, 2021 and extends through June 30, 2026. The Project supports the Yolo Wayfarer Center’s emergency shelter during the four-month cold weather season.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, approving a new five-year Homeless Coordination Project Agreement for the period of July 1, 2021 – June 30, 2026 (Fiscal Years 2022 - 2026) and authorizing the City Manager to execute any and all agreements necessary for the City to implement the project.

Prepared by: Dan Sokolow, Senior Planner
Reviewed by: Christine Engel, Community Services Director

Attachments:

1. May 10, 2022 CC Reso

2. Homeless Coordination Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

APPROVING AN AGREEMENT FOR THE HOMELESS COORDINATION PROJECT FOR THE PERIOD OF JULY 1, 2021 – JUNE 30, 2026
WHEREAS, the City of Woodland has participated in the countywide Homeless Coordination Project with other cities in Yolo County and the County since 1988; WHEREAS, the Project helps fund a Homeless Coordination position within the Yolo County Health and Human Services Agency to provide coordination of the countywide homeless system and supports the operation of the Yolo Wayfarer Center’s emergency shelter during the four-month cold weather season; and
WHEREAS, Yolo County administers the Homeless Coordination Project for the county and cities and the current agreement for the Project expired last year.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council approves a five-year Homeless Coordination Project Agreement for the period of July 1, 2021 – June 30, 2026 (Fiscal Years 2022 – 2026) to continue the countywide Homeless Coordination Project and authorizes the City Manager to execute any and all agreements necessary for the City to implement the Project.

PASSED AND ADOPTED by the City Council this 10th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

Ana B. Gonzalez, City Clerk Ethan Walsh, City Attorney

1 AGREEMENT No. _________
(Agreement for the Homeless Coordination Project)

This Agreement (“Agreement”) is made and entered into this ____ day of _________ 2022, by and between the County of Yolo, a political subdivision of the State of California, (“County”), and the City of Davis, City of West Sacramento, City of Winters, and City of Woodland, each of which is a municipal corporation, (“City” or “Cities”), jointly referred to as “the Parties” herein and who agree as stated below.

WHEREAS, County and Cit ies have collaborated on th e Homeless Coordination Project (Project) pursuant to Yolo County Agreement No. 88-36 begun on February 15, 1988; and WHEREAS, the Project was continued from time to time via various extensions and now the Parties desire to again continue this Project; and
WHEREAS , this Project funds four months of cold weather shelter services each year for Yolo County residents who are low-income and/or experiencing homelessness; and WHEREAS, funding for the Project includes a Homeless Coordina tor position within the Yolo County Health and Human Services Agency (HHSA) to provide coordination of the countywide homeless system; and
WHEREAS, County and Cities desire to contin ue to contribute funds to local agencies for cold weather shelter services, increase efficiency with which grant funds are obtained and managed by these agencies, and develop and maintain the resources necessary for these agencies to fulfill their mission.

NOW, THEREFORE, the Parties agree as follows
I. PURPOSE
The purpose of this Agreement is to set forth the terms and conditions upon which the Parties will contribute funds in support of cold weather shelter services as well as a Homeless Coordinator position within HHSA.

II. TERM
The term of the Agreement s hall be July 1, 2021 to June 30, 2026. This Agreement may be extended upon mutual agreement of the Parties.

III. FUNDING
For the term of this Agreement, each City agrees to provide County with the amount of funding as outlined in Exhibit A.

IV. PAYMENT
Each City shall pay to County the sums set forth in Exhibit A within 30 days of execution of this Agreement for the initial fiscal year, and by Dec ember 31st of each subsequent fiscal year. Any unexpended funds shall be returned to the C ities according to the Cost Shares set forth in Exhibit A no later than Nove mber 30th of the following fiscal year . [e.g. unexpended funds for fiscal year 2022- 23 (July 1, 2022 through June 30, 2023) shall be returned by N ovember 30, 2023.) Should the County terminate this Agreeme nt before the end of a fiscal year, the County shall return a pro-rated share of the costs to Cities within 45 days of termination. //

2 Payment to HHSA shall be remitted to:

County of Yolo
Attn: Accounts Receivable
137 North Cottonwood Street, Suite 2400
Woodland, CA 95695
If needed, payment shall be returned to:

City of Woodland City of Davis
Attn: Finance Department Attn: Finance Department
300 First Street 23 Russell Boulevard
Woodland, CA 95695 Davis, CA 95616

City of West Sacramento
Attn: Economic Development and Housing
1110 West Capitol Ave., 3rd Floor
West Sacramento, CA 95691
V. LICENSURE
The Parties shall secure and maintain throughout the term of this MO U a ll licenses, permits, qualifications and approvals of whatsoever nature that are legally required to perform the services required in this Ag reement. County shall ensure that any contractor(s) that receive funding or performs the requirements pursuant t o t his Agreement, also secures and maintain all l icenses, permits, qualifications and approvals of whatsoe ver nature that are legally required to perform any services contemplated by this Agreement.

VI. INDEMNIFICATION
Each party shall indemnify, defend, prot ect, hold harmless, and release the other, their e lected bodies, officers, agents, and employees, from and against any and all claims, losses, proceedings, damages, causes of actio n, lia bility, costs, or expense (including attorney s’ fees and witness costs) arising from or in connection with, or caused by any negligent act or omission or willful misconduct of such indemnifying party. Thi s indemnification obligation shall not be limit ed in any way by any limit ation on the amount or type of damages or compens ation payable to or for the inde mnifying party un der workers’ compensation acts, disability be nefit acts, or other employee benefit acts. In providing any defense under this Section, the indemnifying party shall use counsel reasonably acceptable to the par ty being indemnified. The provis ions of this Sect ion shall survive the termination or expiration of this Agreement.

VII. RECORDS
County shall main tain a complete and accurate program and accounting repor ts showing the services performed by each in c onnection w ith the performance of this Agreement, including working papers in any way associated with the pe rformance of this Agreement and shall make such records available for inspection by authorized represe ntative of each City at any reasonable time during the performance of this Agreement and for a period of t hree (3) years from and after the date of final payment under this Agreement.

VIII. STATUS OF PARTIES
It is understood and agreed by all the Parties that each is an independent agency or contractor and that no rel ationship of employer-employee exists between an y of the Parties hereto. No party or

3 its assigned personnel shall be entitled to any benefits payable to employees of any other party. It is further understood and agreed that no party or its assigned personnel shall have any right to act on behalf of any o ther party in any capacity whatsoever to bind any other pa rty to any obligation whatsoever. Both Parties are responsible for their own expenses related to this Agreement.

IX. AMENDMENTS
The Parties reserve the authority to modify the terms of this Agreement; however, no amendment of this Agreement shall be valid unless made in writing and signed by t he Parties hereto, and no oral understandings or agreements not incorporated herein, shall be binding on any of the Parties hereto.

X. LAWS
County shall comply fully w ith all applicable Federal, State and local laws, ordi nances, regulations and permits in perf orming the services required by this Agre ement. County shall secure any new permits required by authorities ha ving jurisdiction over the project and shall maintain any presently required permits.

XI. SEVERABILITY
The inva lidity or unenforceability of any term or provision in this A greement will in no way affect the validity or enforceability of any other term or provi sion of this Agreement as a whole, unless the effect of such severance would be to alter substantially the agreement or the obligations of the Parties, in which case this Agreement may be immediately terminated.

XII. PROCUREMENT AND ACQUISITIONS
County shall follow the County ’s Procure ment Polic y and appli cable federal and state procurement requirements when procur ing or acquiring goods, supplies, and /or services using funds pursuant to this Agreement.

XIII. SUCCESSORS
This Agreement, its terms, conditi ons, and provis ions herein contained shall, subjec t to the provisions as to assignments, insure to the benefit and bind s uccessors of each o f the Parties hereto.

XIV. WAIVER
The waiver by either of the Parties or their respective officers, agents or emp loyees or the failure of the Parties or their respective officers, agents o r employees to take action with respect to any right conferred by, or any breach of any obli gation or responsibility of this Agreement shall not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of any terms, covenants or conditions of this Agreement.

XV. PUBLIC RECORDS ACT
Upon its execution, the Agreeme nt (including all exhibits and attachments ) shall be subject to disclosure pursuant to the California Public Records Act.

XVI. GOVERNING LAW
This Agreement shall be deem ed to be executed within the State of California and c onstrued in

4 accordance with and gove rned by laws of the State of California. Any a ction or proceeding arising out of this Agre ement shall be filed an d r esolved in a court of competent jurisdiction located in Woodland, California.

XVII. NOTICE
A. All notices shall be deemed to have been given when made in writing and d elivered or mailed to the respectiv e repre sentatives of County and Cities at their respective a ddresses as follows:

County of Yolo City of Woodland
Nolan Sullivan, Interim HHSA Director Ken Hiatt, City Manager 137 North Cottonwood Street 300 First Street, 2nd Floor Woodland, CA 95695 Woodland, CA 95695
[email protected] [email protected] CC: [email protected]

City of Davis City of West Sacramento
Michael Webb, City Manager Aaron Laurel, City Manager
23 Russell Boulevard, Suite 1 1110 West Capitol Ave., 3rd Floor Davis, CA 95616 West Sacramento, CA 95691
[email protected] [email protected]

City of Winters County of Yolo
Kathleen Trepa, City Manager Clerk of the Board
318 First Street 625 Court Street, Room 204
Winters, CA 95694 Woodland, CA 95695
[email protected] [email protected] B. Any party may change the designated rep resentative, address, or email address to which such communications are to be given by providing the other p arty with written notice of such change at least fifteen (15) calendar days prior to the effective date of change.

C. All notices shall be effective upon receipt and shall be deemed received through delivery if personally served or served using email, or on the fifth (5th) day following deposit in the mail if sent by first class mail.

XVIII. TERMINATION
A. This Agreement may be terminated as to a ny party, in whole or i n part, in its sol e discretion, for any reason or for no reason at all, up at least thirty (30) days prior written notice to the other Parties. When required by law, this A greement may be immediately suspended by any party u pon notice to the other party; any such suspension shall not extend the term of this Agreement.

B. Should any party fail to substantially perform its obligations in accordance with this Agreement, the other party may notify the defaulting party of such default in writing and provide not less than ten (10) days to cure the default. Su ch notice shall describe the default and shall not be deemed a forfeiture or termination of this Agreement . If such default is not cured within said ten (10) day period (or such longer period as is specified in the notice or agreed to by the Parties), the Party that gave notice of defaul t may terminate this Agreement upon not less than fifteen (5) days advance written notice.

5 C. This Agreement is subject to the Parties appropriating and approving sufficient funds for the activities required of this A greement. If a party’s respective adopted budgets and/or receipts from the State of California and the United States d o not contain suf ficient funds for this Agreement, that p arty may terminate this Agreement by giving te n (10) days advance written notice thereof to the other party, in which event the Parties shall have no obligation to contribute to the Project any further funds or provide other consideration.

XIX. ENTIRE AGREEMENT
The complete Agreement shall include the following exhibits and attachment(s) attached hereto and incorporated herein:

Exhibit A – Project Budget
Attachment 1 – Scope of Work, Yolo County Homeless Coordinator Attachment 2– Scope of Work, Cold Weather Shelter
Attachment 3 – State Laws and Regulations
Attachment 4 – Federal Laws and Regulations
The County and the Cities shall each comply with all of the terms and conditions set forth in these exhibits and attachm ent(s). In the event of any conflict betwe en a ny of the provisions of this Agreement (including exhibits and attachmen ts), the provision that require s the highest level of performance for the County’s benefit shall prevail.

This Agreement constitutes the e ntire agreement between County and Cities and supersedes all prior negotiations, representati ons, or agreements, whethe r written or oral. In the event of a dispute between the Parties as to t he language of this Agreement or the construction or meaning of any term hereof, this Agreement shall be de emed to have been drafted by the P arties in equal parts so that no presumpti ons or infer ences concerning its te rms or interpretat ion may be construed against any party to this Agreement.

XX. AUTHORIZED REPRESENTATIVE
The persons executing this Agreement on behalf of each of the Parties affirmatively represent that they have the requisite legal authority to enter this Agreement on behalf of the P arty and to bin d the Party to the terms and conditions of this Agreement.

No party possess any authority with respect to the others and no right to act on behalf of other in any capac ity or to bind it to any obligations , except as otherwi se expressly provided in the Agreement.

XXI. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

[Signatures Follow]
//

//

//

//

6 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year set forth above.

COUNTY OF YOLO

____________________________
Angel Barajas, Chair
Board of Supervisors

ATTEST:

Julie Dachtler, Deputy Clerk
Board of Supervisors

By:___________________________
Deputy
(Seal)

APPROVED AS TO FORM:

Philip J. Pogledich, County Counsel

By:_____________________________
Hope P. Welton, Senior Deputy

CITY OF DAVIS

____________________________
Michael Webb, City Manager

APPROVED AS TO FORM:

_____________________________
Inder Khalsa, City Attorney

CITY OF WINTERS

____________________________
Kathleen Trepa, City Manager

APPROVED AS TO FORM:

_____________________________
Iris Yang, City Attorney

CITY WEST SACRAMENTO

____________________________
Aaron Laurel, City Manager

APPROVED AS TO FORM:

____________________________
Jeffrey Mitchell, City Attorney

CITY OF WOODLAND

____________________________
Ken Hiatt, City Manager

APPROVED AS TO FORM:

_____________________________
Ethan Walsh, City Attorney

EXHIBIT A – Project Funding
A-1

1. Fiscal Year Budget by Category

2. Fiscal Year Cost Share by Party

Homeless Coordinator Project – Annual Cost Sharing Breakdown per Fiscal Year Jurisdiction Cost Share Homeless
Coordinator
Cold Weather
Shelter
Total
City of Davis 13.64% $10,000 $0 $10,000
City of West Sacramento 22.29% $10,000 $10,000 $20,000
City of Woodland 27.29% $10,000 $10,000 $20,000
County of Yolo 31.78 % $5,000 $18,300 $23,300
Total 100% $35,000 $38,300 $73,300

3. Lifetime Agreement Maximum per Party

Homeless Coordinator Position per Fiscal Year (FY)
Jurisdiction Per FY Term Total
City of Davis $10,000 $50,000
City of West Sacramento $10,000 $50,000
City of Woodland $10,000 $50,000
Yolo County $5,000 $25,000
Total $35,000 $175,000
Cold Weather Shelter Per Fiscal Year (FY)
Jurisdiction Per FY Term Total
City of Davis $0 $0
City of West Sacramento $10,000 $50,000
City of Woodland $10,000 $50,000
Yolo County $18,300 $91,500
Total $38,300 $191,500
Homeless Coordinator Project – Lifetime Agreement Maximum per Party

Jurisdiction Homeless
Coordinator
Cold Weather
Shelter
Total
City of Davis $50,000 $0 $50,000
City of West Sacramento $50,000 $50,000 $100,000
City of Woodland $50,000 $50,000 $100,000
County of Yolo $25,000 $91,500 $116,500
Total $175,000 $191,500 $366,500

ATTACHEMENT 1 – SCOPE OF SERVICES
Yolo County Homeless Coordinator
A1-1

County shall provide services in accordance with the following provisions.

I. SERVICE LOCATION(S)

Services rendered pursuant to this Agreement shall be provided at the following location(s):

Yolo County Health and Human Services Agency
137 N. Cottonwood St.

Woodland, CA, 95695

II. PURPOSE
The Homeless Coordination role works to eliminate g aps in services for people who are low - income and or experiencing homelessness in Yolo County by coordin ating countywide initiatives targeting poverty and homelessness.

III. TARGET POPULATION

People who are low-income and/or experiencing homelessness in Yolo County.

IV. SERVICES
County shall perform the following duties:

A. Provide direct support to the Yolo County C ommission to Address Homel essness (Commission); work with Commission Staff to prepare monthly Commission meeting agenda; communicate regularly with Commission members; attend Commission meetings; serve as a resource to the Commission in providing information to be used in public outreach; report regularly to Commission on activities for the current period including, but not limited to, grant opportunities, HUD requ irements and changes, legislative updates, collaborative efforts of Commission members/jurisdictions, Homeless and Pover ty A ction Coal ition (HPAC), and outreach efforts.

B. Facilitate va rious work grou ps to address e merging homelessness iss ues and strategic plan measurable objectives, including coordinating the Commission's input into implementation of the County's Plan to Address Homelessness.

C. Identify and research federal, state, lo cal and private gra nts; write and/ or coordinate submission of collaborative gr ant proposals; coordinate necessary letters of support to federal, state and local a gencies; coordinate review of grant proposals by appropriate local governing bodies; obtain al l re quired signatures and l ocal government approvals; maintain timely coordination and communication with involved parties regarding grants management issues; ensure all g rant re quirements are met; serve as liaison between the services an d internal and external groups to manage programs and funds.

D. Establish close working relationsh ips and s erve a s liaison with local staff of the federal department of Housing and Urban Development (HUD); write and coordinate the submission of a high-quality annual grant proposals to various state and federal funders.

E. Track grant in formation and prepa re writte n and verbal reports of all grant activities including, but not lim ited to, grants ap plied for, grants received by County and by amount, and cumulative totals of grant funds applied for and received.

ATTACHEMENT 1 – SCOPE OF SERVICES
Yolo County Homeless Coordinator
A1-2

F. Maintain expertise on best pra ctices in issues a ffecting homelessness, including trends in funding; disseminate best practi ces infor mation to groups, including law enf orcement, as relevant and supportive to t heir roles in assisting i ndividuals a nd families who are living homeless.

G. Provide community-based organizations with information about non- governmental grant opportunities to facilitate their growth and development.

H. Develop a proc ess for pr oviding both Cou nty and C ity pe rformance ou tcome info rmation related to homelessness on a regular basis.

I. Provide annual reports to the Commission, City leadership, and the Board of Supervisors that include information on major acti vities and accomplishment s and gra nts ap plied for and received in the local homeless continuum of care, and align with the County Plan to Address Homelessness, Board Strategic T actical Plan on Homelessness, and/or future guiding documents for the Homeless continuum. Reports will be submitted within 90 days following the end of a fiscal year.

ATTACHMENT 2 – SCOPE OF SERVICES
Cold Weather Shelter
A2-1

County shall follow the County’s Procurement Policy and applicable federal and state procurement requirements to select a qualified subcontractor to provide services in accordance with the following provisions.

I. SERVICE LOCATION(S)

Services rendered pur suant to this Agreement shall be provided a t the location of the s elected subcontractor.

II. PURPOSE
To improve the lives of those experiencing homelessness in Yolo County by providi ng emergency shelter and case management services during the winter months.

III. TARGET POPULATION

People experiencing homelessness in Yolo County.

IV. SERVICES
The subcontractor will provide shelter(s) in ac cordance with the f ollowing minimum requirements:

A. The subcontractor shall provide shelter services for a total of 120 nights per program year, from November 15th to March 15th unless, with consent of County, weather conditions warrant a later or earlier opening or closing date.

B. The subcontractor shall provide not l ess than 10 beds per ni ght at a rate of $29 per be d per night.

C. The subcontractor shall provide at a minimum, the following ite ms to clients staying at the shelter:

1. On-site nutritious breakfast each morning.

2. As needed, personal cleaning a nd hygiene items, i ncluding but not limited to: beddin g, towels, soap, shampoo, toothbrushes, toothpaste, combs and toilet paper.

3. Case management after no more than seven nights of shelter services. Case managers must complete a full intake, which includes client’s history of homelessness, employment and income. Case managers must assist clients wi th improving their overall w ellness by developing case plans that address four key areas, including (a) housing stability, (b) self- sufficiency, (c) physical health, and (d) behavioral health.

4. Assess clients’ needs and direct to resources such as disability income, veteran’s benefits, medical assistance, and employment and housing assistance.

D. The subcontractor shall provide hours of operation from 6:00 p.m. until 7:00 a.m., seven days per week including holidays.

E. The subcontractor shall ensure that:

1. Loitering is prohibited in the vicinity of the shelter.

2. Drugs and alcohol are prohibited within, and in the vicinity of, the shelter.

ATTACHMENT 2 – SCOPE OF SERVICES
Cold Weather Shelter
A2-2

3. All dis turbances are reported immediately to the approp riate jurisdiction’s law enforcement agency.

4. The area around the shelter is cleaned prior to the opening and after the closing each day.

No debris or personal property is on site during non-operating hours.

F. The subcontractor shall ensure that s helter shall be open to all perso ns, regardless of race, religion, sexual orientation, gender, and age, and any denial of ac cess to the shelter must be based upon adopted policies related to guest behav ior, intoxication, protection of minor s, violations of program rules and/or lack of need criteria.

G. The subcontractor shall operate the shelter in a manner consistent with municip al fire safety regulations and occupancy requirements.

H. An operable telephone and emergency phone number shall be ava ilable at all times d uring operation of the shelter.

I. The subcontractor s hall utilize the H omeless Management Information System (HMIS) to track all client intake, assessm ent, and status update information. C ontractor’s HMIS use shall b e in compliance with th e Continuum of Care ’s (CoC) existing HMIS, Coor dinated Entry, and Homeless and Poverty Action Coalition (HPAC) Policies and Procedures. Reports will be generated from HMIS to determine program outcomes.

J. Should the subcontractor determine that a significant number of persons cannot be sheltered due to a lack of beds, the subcontractor shall notify County by 5:00 pm the same day.

K. The subcontractor shall notify County and Cities if the subcontractor deems it advisable t o change the shelter location from t he approved site. The s ubcontractor shall not change the shelter location without the approval of County.

L. Closure: The subc ontractor may determine that closure of the shelter is advisable due to the following conditions:

1. Unusually warm weather

2. Lack of guests

3. Conditions which render the shelter building unsafe for occupancy M. If the subcontractor takes action to close the shelter, the subcontractor shall notify County and Cities by the next business day following closure as to the plans for reopening the shelter, if any.

N. Notification shall be made to:

1. County of Yolo ; Attn: Nolan Sullivan, HHSA Interim Director, 137 North Cottonwood St., Woodland, CA 95695

2. City of Davis; Attn: Michael Webb, City Manager, 23 Russell Bl., Suite 1, Davis, CA 95616

3. City of West Sacramento; Attn: Aaron Laurel, City Manager, 1110 West Capitol Av., 3rd Floor, West Sacramento, CA 95691

4. City of Winters; Attn: Kathleen Trepa City Manager, 318 First St., Winters, CA 95694

5. City of Woodland, Attn: Ken Hiat t, City Manager, 300 First St., 2nd Floor, Woodland, CA 95695

ATTACHMENT 3 – STATE LAW AND REGULATIONS
A3-1

State Law and Regulations

1. Drug-free Workplace Certification. County certifies, when signing the contract, that it complies with the Drug-Free Workplace Act of 1990 (Government Code Sections 8350 et seq.) and will take the following actions:

a. Publishing a statement notifying emp loyees that the unlawful manufacture, dist ribution, dispensing, poss ession, or use of a controlled substance is pr ohibited in the County's workplace and specifying the actions tha t will be taken against employees for viol ation of such prohibition.

b. Establishing an ongoing drug-free awareness program to inform employees about:

1) The dangers of drug abuse in the workplace;
2) The County's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph 1.a.

d. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the contract, the employee will.

1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction.

e. Notifying the agency in writing, with in t en calendar days after receiving no tice under subparagraph d. (2) from an employee or oth erwise receiving actual no tice of such conviction. Employers of convicted employees must provide notice, including position title, to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a c entral point for the receipt of such notices. Notice shall include the identification number(s) of each affected contract.

f. Taking on e o f the following a ctions, within 30 calendar days of receivi ng notice unde r subparagraph d.(2), with respect to any employee who is so convicted.

1) Taking a ppropriate personnel action against such an employee, up to and including termination, consist ent with the requirem ents of the Rehab ilitation Act of 1973, as amended; or

2) Requiring such e mployee to participate sat isfactorily in a drug abuse assi stance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency.

g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs a, b, c, d, e and f.

ATTACHMENT 3 – STATE LAW AND REGULATIONS
A3-2

If the County fails to comply with these requirements a City may suspend contract payments or terminate the contract, or both. If a City finds the County has made a false certification or failed to carry out these requirements, the County may also be ineligible for future State awards.

2. Nondiscrimination Clause.

a. The County, its contractors and subc ontractors may not un lawfully discriminate against employees or job applicants for any of the reasons listed, and must insure that the employees and applicants are treat ed and evaluated free from discrimination or hara ssment. The Fair Employment and Housing Act and regulations are incorporated into your contract by reference and the County must comply with them. The County and subcontractors must also give written notice of their obligations to any labor organizations they have agreements with.

b. The County and its cont ractors and subcontractor s must include the n ondiscrimination and compliance clause (2.a above) in all of the contracts and subcontracts for work under this CDBG contract. (See Chapter 4 for further information on complying with nondiscrimination and equal opportunity requirements.)

ATTACHMENT 4 – FEDERAL LAWS AND REGUALTIONS

A4-1

Federal Laws and Regulations

1. Anti-Lobbying Certification. You must include in all contracts and subcontracts for the work under this Agreement the certification language given in thi s clause beginning wi th "The undersigned certifies . . . ." The ce rtification assures that n o federal funds are used t o influence members of Congress, and that if any non-federal funds are used to lobby Congressional members or staff, the certifier will c omplete and submit Sta ndard Form LLL, "Dis closure Form to Report Lobbying".

Failure to file the certification may result in a fine.

2. Bonus or Commission, Prohibition Against Payments of. Your contract monies may not be used to pay bonuses or commissions to try to obtain application approval or other approvals required under your contract or by program statutes and regulations.

This does not prohibit the use of program fu nds for legitimate technical assistance, consulting or management services provided they are eligible program costs.

3. Citizen Participation. You must follow State and federal program regulations pertaining to Citizen Participation. You must:

• Provide for and encourage citizen participation in your CDBG program.

• Conduct public hearings to inform the public of your proposed and actual use of CDBG funds, obtain citizens' views, and respond to proposals and questions.

• Provide an address, phone number, and times for submitting complaints and grievances about the program, and respond in writing to written complaints and grievances within 15 working days, whenever possible;

• Maintain a public information file to provide the written program information. Public hearing notices should inform citizens of the location of the public information file.

See Chapter 18 for additional information about the Citizen Participation Requirements and a sample Public Notice.

4. Clean Air and Water Acts. Your activities under this contract are subject to the requirements of both the Clean Air Act and Water Pollution Control Act, and the applicable regulations.

5. Conflict of Interest of Certain Federal Officials. No Congressional representative and no resident commissioner shall receive any benefit from this contract agreement or activity.

6. Equal Opportunity. You must comply with the various laws and requirements listed, as follows:

a. The Civil Rights, Housing and Community De velopment, and Age Discrimination Acts Assurances:

In accordance with the federal statutes and regulati ons, you may not d iscriminate or exclude from employment or program participation any person due to race, color, national origin, sex, age, handicap, religion, familial status or religious preference.

b. Rehabilitation Act of 1973 and the "504 Coordinator":

ATTACHMENT 4 – FEDERAL LAWS AND REGUALTIONS

A4-2

You agree to implement the Rehabilitation Act of 1973, as amended, and its regulations. This involves evaluating the jurisdiction's current policies and practices, and modifications made to ensure compliance with Section 504. If you have 15 of more employees, you must designate a person as the "504 Coordinator" (see Chapter 4).

c. The Training, Employment, and Contracting O pportunities for B usiness and Lower Income Persons Assurance of Compliance:

This compliance section is commonly known as “Sectio n 3.” Section 3 requirements are applicable to you, the County, if your contract e xceeds $200,000, and is us ed for housing rehabilitation, housing construction, or other public construction activities. Section 3 is also applicable to your contractors and subcontractors performing work on Section 3 covered projects when your CDBG contract exceeds $200,000 and their contract or subcontract amount exceeds $100,000. Section 3 does not apply to contracts for the purchase of supplies and materials only (no installation). Your contract specifies that:

1) You agree t o comply with "Section 3" which requires that you p rovide, as much a s possible, opportunities for training and employment to lower income residents of your CDBG project area, and contracts to busin esses in or princ ipally owned by person s living in the project area.

2) You agree t hat you ha ve no other cont ractual or other concern that prevents you r compliance with the Section 3 requirements.

3) You must include the text of this section (c) in all of your contracts and subcontracts for the project. You cannot approve any contract until the contractor or subcontractor has provided you with a written statement of its ability to comply with these requirements.

4) Your compliance with Section 3 requir ements is a condi tion of receiving this federal funding, and non-compliance will subject you to sanctions.

d. Americans with Disabilities Act (ADA) of 1990:

You assure that you comply wit h the ADA and applicable regulations and guidelines thereof which prohibit discrimination on the basis o f disability in employment, state and local government service, and in public accommodations and commercial facilities.

e. Assurance of Compliance with Requirements Placed on Construction Contracts of $10,000 or more:

You agree to place in every const ruction contract and subcontract over $10,000 the specified language regarding:

• Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246);

• Standard Equal Employment Opportunity Construction Contract Specifications; and

• Goals and Timetables from U.S. Department of Labor.

ATTACHMENT 4 – FEDERAL LAWS AND REGUALTIONS

A4-3

(Refer to Chapter 4 for detail on equal opportunity requirements and the complete text of the required contract clauses described above.)

8. Flood Disaster Protection. The Flood Disaste r Protection Act, Sec tion 202(a) prohibits fed eral financial assistance for buildings loc ated in S pecial Fl ood Haz ard Areas ( SFHAs) within communities not participating in the National Flood Insurance Program. Section 102(a) mandates the purchase of flood insurance for buildings located in SFHAs as a condition of approval for federal financial assistan ce. Flo od insu rance prote ction is mandatory for acqui sition, construction, reconstruction, repair and improvement activities. However, flood insurance is n ot required for routine maintenance activities.

9. Labor Standards - Federal Labor Standards Provisions. You must abide by and include in full in all contracts subject to these provisions, provisions regarding the Davis-Bacon Act, Copeland "Anti- Kickback" Act, Contract Wor k Hours and Safety Standa rds Act, and Title 29, Code of Federal Regulations, Subtitle A, Parts 1, 3, and 5.

10. Lead-Based Paint Hazards . If your contract is for acquisition or rehabilitation of residential structures, you must comply with HUD's Lead-Based Paint regulations. See Chapter 3 and 16 for additional information about Lead-Based Paint.

11. NLRB Certification. When you sign your contract you are stating under penalty of perjury that you have had no more than one unappealable finding of contempt of court issued by a federal court in the preceding two years because of your failure to comply with a federal court order to comply with a National Labor Relations Board order.

12. Procurement. You are required to procure goods and services which will be paid for in whole or part with CDBG funds in a manner providing full and open competition.

13. Program Income. You agree to account for receipt and expenditure of any program income you have from this contract and any prior contracts generating such income.

At contract close-out, if the City find s you did not mee t the nat ional objectives or public benefit requirements, it may recapture program income and/or part or all of your contract and/or exclude your jurisdiction from further CDBG funding.

14. Relocation, Displacement and Acquisition. When your project activity involves acquisition of real property, you must comply with federal relocation law to accommodate those persons temporarily or permanently displaced by the project. You also must comply with federal relocation law when your project includes rehabilitating rental housing units and results in increased rents to TIG households.

You may pay relocation expenses with your CDBG funds.

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.12
SUBJECT: Fire Department Grant Award Budget Appropriations

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

1. Appropriate an additional $1,915 to Fund 330 (Other Federal Grants) for the purchase of the additional SCBA equipment as awarded in the 2019 Homeland Security Grant; and

2. Appropriate $12,000 to Fund 101 (General Fund) for the purchase of the Battery Operated Extrication equipment as received from the Springlake Fire Protection District via the Rural Communities Investment Program.

Staff Contact:

Eric Zane, Fire Chief - (530)661-5861, [email protected]

Fiscal Impact:

The requested appropriations will ultimately be cost neutral. The requested funds will cover the initial expenditure of equipment, which will be reimbursed to the City of Woodland via two different grant awards.

There are no matching funds required for either grant.

HSGP 2019
The $1,195 appropriation for SCBA equipment will be reimbursed through the Homeland Security Grant award received by the City of Woodland Fire Department.

Rural Communities Investment Program
The Springlake Fire Protection District, who was awarded the funds as part of the Rural Communities Investment Program, will reimburse the $12,000 appropriation for battery operated extrication equipment.

Background:

HSGP 2019
In September 2021, the Woodland Fire Department received award of the 2020 Homeland Security Grant Program (HSGP) for the purchase of Self-Contained Breathing Apparatus (SCBA) cylinders. However, the grant amount was not sufficient to purchase all of the cylinders needed. Yolo County Office of Emergency Services, who manages the HSGP awards, was able to identify excess funds from the 2019 HSGP to be utilized to purchase the additional cylinders. Therefore, the City of Woodland also received a secondary award for SCBA cylinders from the 2019 Homeland Security Grant Program in the amount of $1,915. The Fire Department is now requesting this additional award be appropriated to the budget.

Rural Communities Investment Program
The Springlake Fire Protection District, which covers much of the incorporated area between Woodland and Davis, has contracted with the City of Woodland Fire Department for fire suppression services for over 40 years. Thanks to this long-standing relationship, the Springlake Fire Protection applied for battery operated extrication tools to be used by the City of Woodland Fire Department to assist with operations when responding within the City and the District through Yolo County’s Rural Communities Investment Program. This Springlake Fire Protection District was awarded $12,000, which they have disbursed to the City of Woodland

for the purchase of the battery operated extrication equipment. The Fire Department is now requesting those funds be appropriated to the budget.

Discussion:

Both the HSGP and the pass-through Rural Communities Investment Program funds from the Springlake Fire Protection District will allow the City of Woodland Fire Department to purchase much needed equipment to increase the safety and efficiency of operations at no cost to the City, as there is no matching funds required for either grant.

Conclusion:

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

1. Appropriate an additional $1,915 to Fund 330 (Other Federal Grants) for the purchase of the additional SCBA equipment as awarded in the 2019 Homeland Security Grant; and

2. Appropriate $12,000 to Fund 101 (General Fund) for the purchase of the Battery Operated Extrication equipment as received from the Springlake Fire Protection District via the Rural Communities Investment Program.

Prepared by: Jeran Scruggs, Management Analyst

Reviewed by: Eric Zane, Fire Chief

Attachments:

1. Resolution- Misc Grant App

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND AUTHORIZING THE APPROPRIATION OF $1,915 TO FUND 330 FOR THE PURCHASE OF SCBA EQUIPMENT AND $12,000 TO FUN 101 FOR THE PURCHASE

OF BATTERY OPPERATED EXPRITATION EQUPIMENT
WHEREAS, the Woodland Fire Department successfully applied for and was awarded the Homeland Security Grant Program (HSGP) for Self Contained Breathing Apparatus (SCBA); and WHEREAS, the Woodland Fire Department received an additional award with supplemental funding of $1,915 for additional SBCA equipment; and
WHEREAS, the Woodland Fire Department received $12,000 from the Springlake Fire Protection District as a pass-through award from the Rural Communities Investment Program for the purchase of Battery Operated Extrication Equipment; and WHEREAS, the City of Woodland will be fully reimbursed the additional these funds through the HSGP and the Springlake Fire Protection District.

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

SECTION 1. Authorizes the City Manager to appropriate an additional $1,915 to Fund 330 (Other Federal Grants) for the purchase of the additional SCBA equipment as awarded in the 2019 Homeland Security Grant; and
SECTION 2. Authorizes the City Manager to appropriate $12,000 to Fund 101 (General Fund) for the purchase of the Battery Operated Extrication equipment as received from the Springlake Fire Protection District via the Rural Communities Investment Program.

PASSED AND ADOPTED by the City Council this 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

Ana B. Gonzales, City Clerk Ethan Walsh, City Attorney

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.13
SUBJECT: Approval of Final Maps 5162 & 5206 (Pioneer Village phases 1 & 2) and Related Subdivision Improvement Agreements.

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, a Resolution of the City Council to 1) approve Final Subdivision Map 5162, Pioneer Village Phase 1, and Final Subdivision Map 5206, Pioneer Village Phase 2; and 2) approve the related Subdivision Improvement Agreement and authorize the 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.

Staff Contact:

Ed Wisniewski, Senior Civil Engineer - (530) 661-5820, [email protected]

Fiscal Impact:

This project's processing costs were covered by fees. In addition, at buildout, the 231 lots are estimated to generate approximately $7.6 million in development impact fees.

There is no impact to the General Fund.

Background:

On November 5, 2019, City Council approved the tentative map 5162 Pioneer Village for 231 single-family lots and 4.1 acres of multi-family housing. Final subdivision map 5162, Pioneer Village Phase 1, creates 111 of the single-family lots. Final subdivision map 5206, Pioneer Village Phase 2, creates the remaining 120 lots.

The property owner, AG Essential Housing CA 2, L.P., and the Developer, Lennar Homes of California, LLC, have completed all conditions required for approval of the final maps, and is requesting that the City approve Final Subdivision Map (SM) No. 5162, Pioneer Village Phase 1, and Final Subdivision Map (SM) No. 5206, Pioneer Village Phase 2, and the associated Subdivision Improvement Agreement.

Discussion:

The final maps, improvement plans, and related documents have been reviewed by staff and found to be technically correct and consistent with the tentative map, project development agreement, and conditions of approval.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, a Resolution of the City Council to 1) approve Final Subdivision Map 5162, Pioneer Village Phase 1, and Final Subdivision Map 5206, Pioneer Village Phase 2; and 2) approve the related Subdivision Improvement Agreement and authorize the 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.

Prepared by: Ed Wisniewski, Senior Civil Engineer

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

Attachments:

1. Resolution

2. Subdivision Improvement Agreement

3. Location Map

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING FINAL MAPS 5162 AND 5206 (PIONEER VILLAGE, PHASE 1 & 2) AND

A SUBDIVISION IMPROVEMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA AND AG ESSENTIAL HOUSING CA 2, L.P. FOR CONSTRUCTION OF

SUBDIVISION IMPROVEMENTS
WHEREAS, City Council approved tentative map 5162 and Development Agreement on November 5, 2019 with map conditions of approval and an associated Development Agreement; and
WHEREAS, Lennar Homes of California, has completed the conditions of approval and has filed for two final maps for 111 (SM-5162, phase 1) and 120 lots (SM-5206, phase 2); and WHEREAS, the City of Woodland has reviewed the maps and determined that they are technically correct and that the conditions of approval have been met; and WHEREAS, the City Council wishes to approve Final Map 5162, Pioneer Village Phase 1 and Final Map 5206, Pioneer Village Phase 2, which make up the whole of tentative map 5162, and the associated Subdivision Improvement Agreement 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 Final Map 5162 Pioneer Village Phase 1 and Final Map 5206, Pioneer Village Phase 2, and directs the City Clerk to sign the map and for the City Engineer to forward the map to the County Tax Collector for processing prior to recording with the Yolo County Clerk-Recorder.

Section 2. The City Council hereby approves the Subdivision Improvement Agreement. The City Manager is hereby authorized and directed to sign the Agreement, and the City Manager is authorized to amend the agreement to grant time extensions to the agreement if necessary.

Section 3. A copy of the Subdivision Improvement Agreement is 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 10th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

C-1
EXHIBIT “C”

SURETY BONDS AND OTHER SECURITY

PARCEL/TRACT NO. 5162 AND 5206

As evidence of understanding the provisions contain ed in this Agreement, and of Developer’s intent to comply with same, Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

Pioneer Village Phase 1
Bond No.: 024253159 Faithful Performance Bond:
$10,361,670.00
Surety: Liberty Mutual Insurance Company Paymen t Bond: $5,180,835.00 Attorney-in-fact: Amanda Turman-Avina Guarantee and Warranty: $1,036,167.00 Address: 175 Berkeley St
Boston, MA 02116

Pioneer Village Phase 1 - Offsite
Bond No.: ES00008111 Faithful Performance Bond:
$4,538,710.00
Surety: Everest Reinsurance Company Payment Bon d: $2,269,355.00 Attorney-in-fact: Amanda Turman-Avina Guarantee and Warranty: $453,871.00 Address: 477 Martinsville Road
Liberty Corner, NJ 07938

Pioneer Village Phase 2
Bond No.: 024254992 Faithful Performance Bond:
$6,568,980.00
Surety: Liberty Mutual Insurance Company Paymen t Bond: $3,284,490.00 Attorney-in-fact: Amanda Turman-Avina Guarantee and Warranty: $656,898.00 Address: 175 Berkeley St, Boston, MA 02116

Pioneer Village Phase 2 - Offsite
Bond No.: 02424993 Faithful Performance Bond: $926,200.00 Surety: Liberty Mutual Insurance Company Paymen t Bond: $463,100.00 Attorney-in-fact: Amanda Turman-Avina Guarantee and Warranty: $90,620.00 Address: 175 Berkeley St, Boston, MA 02116

PIONEER VILLAGE PH. 1 & 2SM 5162 & 5206
City of Woodland
NSWE

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.14
SUBJECT: 2022 Spring Lake Parks Project, CIP 20-03; Approve Plans and Specifications and Bid Authorization

Recommendation for Action: Staff recommends that the City Council:
1) Adopt Resolution No. _____, approving the project plans and specifications and authorizing bid advertisement for the 2022 Spring Lake Parks Project, CIP 20-03; and 2) Appropriate $370,000 of additional SLIF Parks & Recreation funding (Fund 640) to the project; and 3) Authorize the City Manager to execute a contract with Miracle Recreation-PlayPower, Inc. for the purchase of playground equipment for Spring Lake Park utilizing a cooperative purchasing agreement in the amount not to exceed $87,621.64; and
4) Authorize the City Manager to execute a contract with Park Planet for the purchase of the picnic shelter for Spring Lake Park utilizing a cooperative purchasing agreement in the amount not to exceed $36,034.28. 5) Authorize the City Manager to execute a contract with Public Restroom Company for the purchase of restroom for Spring Lake Park utilizing a cooperative purchasing agreement in the amount not to exceed $193,868.

Staff Contact:

Clara Olmedo, Associate Engineer, (530) 661-5824, [email protected]

Fiscal Impact:

The approved Capital Budget includes funding for three Spring Lake Parks: Jack Slaven, Rick Gonzales Sr. and Spring Lake Park. The current approved budget totals $776,417 for the project consisting of $300,000 SLIF Parks & Recreation funding (Fund 640) in FY2019/20 and $476,417 in Spring Lake Capital funding (Fund 594) in FY2020/21. The $776,417 existing in the project budget is anticipated to be sufficient to fund the cost of design for the three parks. Additional funding of $370,000 is required to complete the cooperative purchasing program purchases for the project based on CMAS bids received; the additional funding is proposed to come from the Parks SLIF Fund. With the recommended action to appropriate $370,000 of additional Parks SLIF Funds, the total project budget will increase to $1,146,417.

The engineer's estimate of construction cost is $6.3 million. The estimated total project cost is $7.6 million and includes construction, construction contingency, design, inspection, and construction management costs. These costs are subject to change based on actual bid prices. An updated budget analysis will be prepared after receiving the bids. Depending on the fund balance in the Parks SLIF fund and the anticipated near term revenues, staff will evaluate if sufficient funding is available to award the entire project. Staff included a bid alternative in the bid package in the event that projected revenues are not sufficient to award the entire project.

Over the past year construction costs have increased substantially. The current bidding climate remains volatile and staff is concerned that this may result in bid prices exceeding the funding available to complete all three parks at this time. This project was also planned assuming some internal borrowing based on healthy building permit revenues in the upcoming years. Now that interest rates have increased significantly, staff is unsure if we can continue to rely on these past assumptions. Should bids exceed current available and reasonably foreseeable funding, the bid alternate work will be deferred until sufficient SLIF Park revenues have been received to fund this work.

Award of the Construction Contract will be presented to Council for approval in late June or early July, at which time the necessary additional funding for construction of the parks will be allocated to the Project.

Background:

The Spring Lake Specific Plan includes three neighborhood parks and a central park. The first neighborhood park, Jack Slaven Park, was built in 2010 and is located on Miekle Avenue and Ortiz Avenue. The construction of this park developed 6.7-acres of park improvements and left 1.3-acres undeveloped.

The first construction phase of Jack Slaven Park included:
• Splash Pad
• Multi-use turf area to accommodate youth soccer field • Playground area and equipment for 2-5 aged and 5-12 aged children • Benches, pathway lighting, drinking fountains
• Paved paths with connections to adjoining greenbelt network • Group and small picnic shelters
• Restroom and maintenance building
• Low water use landscaping
The second construction phase will include:
• Dog Exercise Area
• Native Play Area
• Multi-use Sports Court
The second park, Rick Gonzales Sr. Park, was built in 2018 and is located on Miekle Avenue and Centennial Drive adjacent to Spring Lake Elementary School. This park is 10-acres, of which 7-acres were constructed with the first phase and 3-acres remain unimproved. It should be noted that the improvements at Rick Gonzales Sr. Park are included as a bid alternative. The improvements at this Park were selected as the location for the bid alternative because the existing park is already 7-acres and provides a significant amenity for the surrounding neighborhood. Spring Lake Park currently only has 2-acres of the 8-acres improved, and with the surrounding neighborhoods soon to be completed, does not provide an adequate amenity for this area of Spring Lake. The work at Jack Slaven was determined to be too small in construction cost to be removed and still ensure that the City could award the remaining work with the funding available. It is hoped that bids will come back favorably and all improvements can be funded at time of bid award in July. However, should the remaining improvements at Rick Gonzalez, Sr. Park need to be deferred, the SLIF Park fees collected after funding the current bid improvements will be prioritized toward completing this neighborhood park.

The first construction phase of Rick Gonzales Sr. Park included:
• 7-acre improvement area
• Multi-use turf area to accommodate youth soccer field and T-Ball size baseball field • Playground area and equipment for 2-5 aged and 5-12 aged children • Benches, pathway lighting, drinking fountains
• Paved and decomposed granite paths with connections to adjoining greenbelt network and fitness stations • Group and small picnic shelters
• Restroom and maintenance building
• Low water use landscaping
The second construction phase of Rick Gonzales Sr. Park will include:
• Tennis court (with Pickle ball markings)
• Full basketball court
• Expansion of multi-use turf field
• Completion of native landscape areas
The third neighborhood park, Spring Lake Park, is located on Shellhammer Dr. and Osborn Dr. Two acres of this 8 acre park were improved in 2018 concurrently with the first phase of Rick Gonzales. At the time the

first phase of the phase was under construction, the subdivision surrounding the park was still being developed and many of the homes near the park had not yet been occupied. The majority of the amenities for this park were therefore deferred until the remaining 6-acres were ready to be improved and additional residents had moved in to the neighborhood.

The first construction phase included the following park improvements:
• 2-acre improvement area
• Multi-use turf area
• Playground area and equipment for young children (ages 2-5) • Native play area
• Small picnic area
The second construction phase includes:
• Playground area and equipment for elementary aged children • Restroom and maintenance shed
• Group picnic shelter
• Multi-sports court
• Native plantings
• Paved and decomposed granite paths with connections to adjoining greenbelt • Benches, pathway lighting, drinking fountains
• Youth soccer field
• Unprogrammed Open Lawn
Discussion:

Staff is processing the final plans and specifications, upon Council authorization, the projects will be advertised together for bidding. Staff is anticipating a bid opening and a return to Council in late June or early July for construction contract award. This timeline will allow construction of these improvements in Summer 2022 and public access to the improved areas in Spring 2023.

In addition, staff is requesting that the procurement of equipment be performed through cooperate purchasing agreements with Sourcewell and National Purchasing Partners (NPP). These programs offers a wide variety of commodities and services at prices which have been assessed to be fair, reasonable and competitive. The use of these contracts is available to state and local government agencies. The use of these programs allows the City to purchase construction materials and provide them to the contractor for installation without paying for the Contractor’s mark-up costs. The City previously used cooperative purchasing agreements to purchase playground equipment and picnic shelters for Phase 1 construction for Rick Gonzales Sr. Park and Spring Lake Park in 2018.

Miracle Recreation-PlayPower, Inc., Public Restroom and Park Planet are well-established providers of high quality equipment that are participants of these programs. By utilizing these vendors, we not only benefit from their competitive pricing, but also their commitment to quality and customer service that we have received in previous interactions. It will also expedite the delivery of the equipment to ensure installation will occur during the allotted construction period.

Conclusion:

Staff recommends that the City Council:
1) Adopt Resolution No. _____, approving the project plans and specifications and authorizing bid advertisement for the 2022 Spring Lake Parks Project, CIP 20-03; and 2) Appropriate $370,000 of additional SLIF Parks & Recreation funding (Fund 640) to the project; and 3) Authorize the City Manager to execute a contract with Miracle Recreation-PlayPower, Inc. for the purchase of playground equipment for Spring Lake Park utilizing a cooperative purchasing agreement in the amount not to exceed $87,621.64; and

4) Authorize the City Manager to execute a contract with Park Planet for the purchase of the picnic shelter for Spring Lake Park utilizing a cooperative purchasing agreement in the amount not to exceed $36,034.28. 5) Authorize the City Manager to execute a contract with Public Restroom Company for the purchase of a restroom building for Spring Lake Park utilizing a cooperative purchasing agreement in the amount not to exceed $193,868.

Prepared by: Clara Olmedo, Associate Engineer
Reviewed by: Brent Meyer, Community Development Director / City Engineer

Attachments:

1. Resolution

2. Miracle Recreation-PlayPower, Inc.

3. Park Planet

4. Public Restroom Company

5. Spring Lake Master Plan

6. Jack Slaven Master Plan

7. Rick Gonzales Sr. Park Master Plan

8. Email comments received Re: May 10 Council Item

82093.00001\8555510.2
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING

ADVERTISEMENT FOR BIDS AND APPROVING PURCHASE OF EQUIPMENT UTILIZING COOPERATIVE PURCHASING PROGRAMS FOR THE 2022 SPRING LAKE PARKS PROJECT; CIP 20-03
WHEREAS, the City conducted a community survey in June and July 2021 to gather feedback on the desired amenities for the Spring Lake Parks Project; CIP 20-03; and WHEREAS, the City held a public meeting on August 26, 2021 to solicit feedback from the Spring Lake neighborhood on park amenity and design options for Spring Lake, Jack Slaven and Rick Gonzales Sr. Park Master Plans; and
WHEREAS, the City presented the Parks Master Plans to the Parks and Recreation Subcommittee on September 27, 2021 for review and comment; and WHEREAS, the project is included as the 2022 Spring Lake Parks, CIP 20-03 in the FY 20/21 Capital Budget; and
WHEREAS, the City Council approved the Spring Lake and Jack Slaven Master Plans on October 19, 2021 for approval; and
WHEREAS, the City Council approved the Rick Gonzales Sr. Park Master Plan on January 18, 2022 for approval; and
WHEREAS, the City Council wishes to appropriate $370,000 of additional SLIF Parks & Recreation funding (Fund 640) to the project and bring the total project budget to $1,146,417; and WHEREAS, staff request that the City Council gives City Manager authority to award and execute the purchase contract in the amount not to exceed $87,621.64 to Miracle Recreation- PlayPower, Inc. utilizing Sourcewell a cooperative purchasing agreement for the Spring Lake Parks Project; CIP 20-03; and
WHEREAS, staff request that the City Council gives City Manager authority to award and execute the purchase contract in the amount not to exceed $36,034.28 to Park Planet utilizing National Purchasing Partners (NPP) a cooperative purchasing agreement for the Spring Lake Parks Project; CIP 20-03; and
WHEREAS, staff request that the City Council gives City Manager authority to award and execute the purchase contract in the amount not to exceed $193,868 to Public Restroom Company utilizing Sourcewell a cooperative purchasing agreement for the Spring Lake Parks Project; CIP 20-03; and
WHEREAS, the City Council has the authority to approve projects for bid; and

82093.00001\8555510.2
WHEREAS, the City Council wishes to approve the plans and specifications and authorize bid advertisement for the Project through 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 authorizes the appropriation of $370,000 of additional SLIF Parks & Recreation funding (Fund 640) to the project and bring the total project budget to $1,146,417 for the Spring Lake Parks Project; CIP 20-03.

Section 2. The City Council hereby approves the plans and specifications for the Spring Lake Parks Project; CIP 20-03, which will be available on file with the City Clerk.

Section 3. The City Council hereby authorizes staff to advertise for bids for the Spring Lake Parks Project; CIP 20-03.

Section 4. The City Council hereby approves the Agreement with Miracle Recreation- PlayPower, Inc., in the amount of $87,621.64 and authorizes and directs the City Manager to execute the Agreement, the City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized in the Agreement does not change.

Section 5. The City Council hereby approves the Agreement with Park Planet in the amount of $36,034.28 and authorizes and directs the City Manager to execute the Agreement, the City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized in the Agreement does not change.

Section 6. The City Council hereby approves the Agreement with Public Restroom Company in the amount of $193,868 and authorizes and directs the City Manager to execute the Agreement, The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized in the Agreement does not change.

PASSED AND ADOPTED this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

4/27/2022

P21_1189_Spring Lake Park
MIRACLE PLAYSYSTEMS, INC. – PO BOX 263, ALAMO, CA 94507 – (800) 879-7730 – (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) – DIR: 1000015853

Job Number:

Job: P21_1189_Spring Lake Park
Quote Name: Quote--Spring Lake Park_007_Equipment Only Quote Number: Q-03218

Prepared by:

KarlManiglia
[email protected]

Terms: 50% Deposit
Remit to: Miracle Playsystems, Inc.
1276 S Main St., Salinas, CA 93901
Sub Total: $76,352.45
Freight: $5,161.00
Estimated Tax: $6,108.19
Total: $87,621.64

MIRACLE RECREATION Miracle Recreation Sourcewell Contract # 010521-LTS-3 (Total Discount - $4,018.55) Product Code Description Qty Rate Total Estimated Tax ( if applicable)

MREC EQUIP MIRACLE EQUIPMENT PER
21_1189_SpringLakePark_007_BOM
1 $80,371.00 $76,352.45 $6,108.19

Sub Total: $76,352.45
Total Freight: $5,161.00
Total Estimated Tax: $6,108.19
Grand Total: $87,621.64

Company: ________________________________________

Signature: ________________________________________

Name: ___________________________________________

Date: ____________________________________________

4/27/2022

P21_1189_Spring Lake Park
MIRACLE PLAYSYSTEMS, INC. – PO BOX 263, ALAMO, CA 94507 – (800) 879-7730 – (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) – DIR: 1000015853

Please confirm or edit order information below.

End User Company:

City of Woodland
End User Contact:

End User Email:

Delivery Contact:

Delivery Email:

Delivery Phone:

Delivery Address:

Woodland
CA 95776

Site Address:

Corner of Shellhammer Dr and Osborn Dr.

Woodland

Bill To Email:

Bill To:

City of Woodland,
300 First St,
Woodland, CA,
95695

Customer Reference #:

INDEMNITY
Client/Owner shall defend, indemnify and hold harmless Miracle Playsystems, Inc., its officers, directors, board of trustees, agents, or employees and each of them, from any and all claims, demands, causes of action in law or in equity, damages, penalties, costs, expenses, reasonable attorneys’ fees, reasonable experts’ fees, reasonable consultants’ fees, judgments, losses or liabilities, of every kind and nature whatsoever arising out of or in any way connected with or incidental to, the performance of the services under this Agreement or any of the obligations contained in this Agreement (“Claims”). Without limitation, “damages” include personal injury, including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Miracle Playsystems, Inc., or any other person; or other damages of any kind to anyone including, without limitation, economic loss, property damage and loss of use thereof. It is expressly acknowledged and agreed that each of the foregoing indemnities is independent, that each shall be given effect, and that each shall apply despite any acts or omissions, misconduct or negligent conduct, whether active or passive, on the part of, or other contractor(s); provided, however, Miracle Playsystems, Inc. duty to indemnify shall be limited to the percentage or the degree Miracle Playsystems, Inc. comparative negligence caused any damages.

STANDARD NOTES
• Price quotation is good for 30 days. Accurate color selections must be made in writing prior to equipment going into production. Colors to be confirmed with your local sales representative.
• PLEASE MAKE PURCHASE ORDER TO MIRACLE PLAYSYSTEMS, INC at PO Box 263 Alamo, CA 94507 • PLEASE REMIT CHECKS TO: MIRACLE PLAYSYSTEMS INC., 1276 S MAIN ST, SALINAS, CA 93901 • Please email/fax quotation with your signature to accept this quote and place order. Fax 510-893-2163 or email [email protected] • Unless otherwise specified, Miracle Playsystems, Inc DOES NOT include the following in this proposal:
• Engineered drawings
• Installation of equipment or other site amenities
• Specialty trades, equipment, power supply required to install equipment • Any insurance requiring in excess of $1M/$2M per occurrence, special insurance coverage or wording, Prevailing/Certified wage rates, local permitting, bid/performance bonds, temp fencing, geo tech surveys, playground safety inspection, equipment offload, and testing services. • Inspect equipment upon delivery. Color discrepancy must be reported at time of delivery. Installation constitutes acceptance of colors. • Warranty does not cover labor for reinstallation.

4/27/2022

P21_1189_Spring Lake Park
MIRACLE PLAYSYSTEMS, INC. – PO BOX 263, ALAMO, CA 94507 – (800) 879-7730 – (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) – DIR: 1000015853

TERMS & CONDITIONS
• Purchase contract terms & conditions of sale: The client/customer’s acceptance and understanding of these terms & conditions and all other supporting documentation provided as part of this package is evidenced by signing of this estimate/quote. • Payment terms: Standard terms (on approved credit), unless otherwise noted are 50% with order and balance to ship equipment (no retention). Should any changes be required to the products after order is placed, modifications or changes will be at client/customers expense. Miracle Playsystems, Inc maintains a no return policy and asks all clients to determine feature, layout and color selection prior to ordering. Should any order be cancelled after production has started a 30% restocking fee will be charged to client. Credit card convenience fee is 3.5% which will be added to all credit card charges • Lead times: Estimated lead times for the time the order is released into production until it is delivered will vary. • Lead times may currently be extended due to reasons such as supply chain issues, shipping delays, raw material shortages, and other COVID-19 related impacts. • Custom play feature lead times are determined on a case by case basis.

CONSTRUCTION SERVICES (if applicable)
Unless otherwise noted, we exclude responsibility for material delivery & offloading equipment, removal & disposal of packaging accumulated by equipment packaging, project security, landscape & hardscape repair based on access route to site, delays or returns due to layout conflicts or delay of other trades, removal of spoils from job site, locating underground: utilities, pipes, obstructions in work area, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, material testing, soil samples, CPSI. Conditions: Grades; stable, compacted & workable with 95% compaction and less than 1% grade, adequate access to site for labor, materials, tools and equipment. Estimate good for 90 days from quote or Dec. 31 of current calendar year, whichever comes first. Terms: Upon completion.

GENERAL TERMS
• THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN: Miracle Playsystems, Inc. objects to any other terms proposed by client, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Client authorizes Miracle Playsystems, Inc. to ship equipment and agrees to pay the total specified. Shipping terms are FOB the place of shipment via common carrier. • Client and owner/operator agree to indemnify and hold Miracle Playsystems, Inc. harmless from and against all liabilities, losses, penalties, damages and expenses, including costs and attorney fees, resulting from any and all claims, liens, damages, actions, suits, judgments or settlements, injuries arising or alleged to arise out of their failure, or failure of architect, contractors, subcontractors, installers, employees, agents and assigns to assemble, install, inspect and/or maintain the play equipment and impact absorbing surfacing in full compliance with each manufacturers installation instructions and safety requirements and their misuse and/or alteration of the play equipment.

Company: ______________________________________

Signature: ______________________________________

Name: ______________________________________

Date: ______________________________________

Spring Lake Park, City of Woodland, CA| 04/26/2022| Reference # 11091-4/20/2022-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 8

Price Proposal: Spring Lake Park, City of Woodland, CA / Sourcewell #80454 Date: April 26, 2022
Reference: 11091-4/20/2022-0
PRC Sourcewell: 081721-PRM

Our Offer to Sell:

1. Restroom Building delivered to site @ $ 173,600
Public Restroom Company herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.)

2. Installation: Turnkey Installation of the Building above @ $ 20,268 with retention allowed.

Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for the buildings plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel.

3. Owner/General Contractor Final Tie In of Utilities and other site work:

The exterior utility connections for water, sewer and electrical 6’ or less from the footprint of the building are by owner/general contractor.

4. Total Cost of building and installation @ $ 193,868

Spring Lake Park, City of Woodland, CA| 04/26/2022| Reference # 11091-4/20/2022-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 8

OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS:

Scope of Work Background:

Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 6’ outside the foundation.

Preparation of Building Pad:

Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building pad, utilities POC’s, and if required the footings, attached to this scope of work.

Subgrade Pad/Foundation Requirements:

1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10’ offsets.

2. Excavate the existing site to the depth of the required footings to local code if required.

3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand.

Owner/General Contractor verification of site access to allow Building Delivery:

1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14’ minimum width, 16’ minimum height, and sufficient turning radius for a crane and 70’ tractor-trailer.

2. Our cost is based upon the crane we provide being able to get within 35’ from the building center and for the delivery truck to be no more than 35’ from the crane center picking point.

3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General Contractor ‘s responsibility for repair and all costs, if damage occurs.

4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor.

5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation.

6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor’s confirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor.

Installation Notice and Site Availability:

PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an

Spring Lake Park, City of Woodland, CA| 04/26/2022| Reference # 11091-4/20/2022-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 8

improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation.

Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for re- mobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before we will continue delivery.

Public Restroom Company will “turn-key” set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation.

Utility Connections:

1. The Owner/General Contractor is responsible for flushing all water service lines before final connection.

2. The Owner/General Contractor is responsible for the final connections of water, sewer, and electrical at the exterior of building POC’s.

3. PRC provides a POC for water, a POC DWV waste line with a clean out your service connection, and an electrical schedule 80 PVC sleeve at an exterior POC.

4. PRC provides and connects the interior building utility connections and the Owner/General Contractor or their subcontractor makes the exterior connections to POC’s for services.

Special Conditions, Permits, and Inspection Fees:

Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable.

Jurisdiction for Off-site Work:

Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan set, calculations, and a third-party engineer inspection report for any and all closed work the local official cannot see.

PUBLIC RESTROOM COMPANY SCOPE OF WORK:

Our In Plant/Off-Site Construction Scheduling System:

PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high-quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials,

Spring Lake Park, City of Woodland, CA| 04/26/2022| Reference # 11091-4/20/2022-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 4 of 8

which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in-plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting.

Special Payment and Progress Billing Terms:

Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract.

The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs.

In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs.

Delivery and Installation:

Site Inspection:

PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6’ from the exterior of the building.

Installation:

PRC will install the building turn-key, except for any exclusion (listed under “Exclusions,” herein.)

Installation of Utilities under the Prefabricated Building:

We fabricate off-site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing.

We provide all the buildings under-slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to within 6’ of the pad and are responsible for final connections at that point.

Connection of Utilities Post Building Placement:

After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection “inside” the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal 6’ from building locations.

Electrical:

PRC provides the electrical conduit to the POC 6’ from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel.

Spring Lake Park, City of Woodland, CA| 04/26/2022| Reference # 11091-4/20/2022-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 5 of 8

Plumbing:

PRC provides the POC up to 6’ from the building footprint and the Owner/General Contractor connects the water to our stub out location.

Sewer:

Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service.

Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:

Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation.

Time of Completion:

PRC estimates a 180 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals from all authorities required to approve them.

Exclusions/Exceptions:

1. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes disallowing our delivery trailers with only 4” of clearance to grade, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. On some sites without on-site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order.

2. If weather on site causes site delivery issues, the delivery may have to be diverted to an off-site location and the additional costs will be a change order to the bid. Our staff works with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC.

3. Sidewalks outside the building footprint.

4. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor.

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5. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation.

6. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans.

7. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement.

8. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor.

9. Our bid included crane costs are based on a maximum 35’ radius from the center pin of the crane (10’ back from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor.

10. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on-site water, sewer and electrical are by the Owner/General Contractor. Since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed) is by the Owner/ General Contractor.

11. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC.

12. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor.

13. Backflow certification if applicable by Owner/ General Contractor.

Insurance and Prevailing Wage Certification:

PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations.

Special Insurance to protect the Building before acceptance:

As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, we maintain a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects the Owner’s custom ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy has a $1,000,000 coverage limit. This exceeds the cost of any single building we have offered for sale herein.

Spring Lake Park, City of Woodland, CA| 04/26/2022| Reference # 11091-4/20/2022-0 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 7 of 8

Errors and Omissions Insurance:

Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings.

Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order.

WARRANTY
All work performed by PUBLIC RESTROOM COMPANY (called “Company”) shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner’s agent without on-site supervision by Company. Company warranty on building shell including exterior walls, concrete 8” slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below.

Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record.

This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product.

The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness.

There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner.

Term of Offer to Sell and Owner/General Contractor Acceptance:

This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner’s bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final Owner/General Contractor approval of our submittals and receipt of a contract or a purchase order/contract.

Special Notice of Possible Project Cost Increases as a Result of Late Payments:

In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to

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cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater.

Termination
Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site demolition and disposal of the partially or fully fabricated building as well as any non-returnable materials which were custom-ordered to complete fabrication in PRC’s factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense.

Venue for Contract Jurisdiction:

Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law.

No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company.

Offered by: Public Restroom Company by _________________________________ Charles E. Kaufman IV, President
This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached.

Accepted by:
_______________________________ _______________________________ Authorized Signature Date Signed
_______________________________ _______________________________ Printed Name Legal Entity Name and Address

01/12/2022
0 30’15’ 60’

GROUP PICNIC (E)

TO BIKE/PEDESTRIAN OVERCROSSING
SHELLHAMMER DR.

ESTRADA DR.

OSBORN DR.

PHASE 2
LIMITS

MULTI-USE FIELD/

YOUTH SOCCER FIELD

UNPROGRAMMED

OPEN LAWN

MULTI-USE FIELD (E)
5-12 PLAY

STRUCTURE
GROUP
PICNIC

RESTROOM
2-5 PLAY STRUCTURE (E)
PLANTING AREA, TYP.

MULTI-USE

SPORTS COURT

GREENBELT TRAIL & WALKING PATH

UTILITY ACCESS ROAD

SPRING LAKE PARK

MASTER PLAN

01/12/2022
0 30’15’ 60’
SPORTS
COURT

UNPROGRAMMED

OPEN LAWN

DOG EXERCISE
AREA
MIEKLE AVE.

CAMACHO WAY

GARRETT WAY
DELGADO PL.

HOLLAND WAY

GALVIN WAY

MULTI-USE FIELD (E)

PLAYGROUND, GROUP

PICNIC, RESTROOM,
& WATERPLAY

MULTI-USE FIELD (E)

PICNIC SHELTER (E)

PLANTING
AREA, TYP.

TREES, TYP.

PHASE 2
LIMITS

PLANTING
AREA, TYP.

SLAVEN PARK

MASTER PLAN

RICK GONZALES SR. PARK

MASTER PLAN
01/12/2022

MULTI-USE FIELD
CENTENNIAL DR.

MIEKLE AVE.

ALEXANDER ST.

ACCESSIBLE

PATH & SEATING

PARK PATH (E)

TENNIS/

PICKLEBALL
COURTS

PLANTING AREA,
TYP.

CONCRETE PADS
5’ CONCRETE
PATH

SHADE TREES

RESTROOMS (E)
& MAINT. SHED (E)

PARK ENTRY (E)

OLIVE GROVE (E)

PLAY AREA (E)

SMALL GROUP

PICNIC SHELTER (E)

BACKSTOP (E)

GROUP PICNIC

SHELTER (E)

PLAY AREA (E)

PARK SIGN (E)

FULL BASKETBALL COURT
VILLAGE LN.

SOMERSET CIR.

WALKING PATH (E)

FITNESS STATION (E)

FITNESS STATION (E)

BIKE ACCESS PATH (E)

LANDSCAPED SWALE

GREENBELT TRAIL (E)

MULTI-USE FIELD/

YOUTH SOCCER FIELD (E)
PHASE 2
LIMITS

INFORMAL

BALLFIELD (E) NATURE PLAY

AREA (E)

e-mail comments submitted

regarding

May 10, 2022 agenda item

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: F.15
SUBJECT: Dick Klenhard Ballfield Light Upgrade

Recommendation for Action: Staff recommends that the City Council adopt Resolution No, _____, authorizing the City Manager to execute a contract with Musco Sports Lighting, LLC in the amount of $157,083.68 through a cooperative purchasing agreement with Sourcewell Contract Number 071619-MSL, and authorize a contract contingency up to 10% ($15,708.37); and affirming the City Manager’s determination that the City’s public bidding requirement has been satisfied by another government agency’s competitive bid procedure and the City’s price is equal to the price negotiated by that government agency.

Staff Contact:

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

The total cost of the project will be $157,083.68. The amount of $60,000 will use funds already appropriated in the FY22 budget from the Gibson Ranch Lighting and Landscape district. The amount of $97,083.68 will come from Measure F funds already appropriated in the FY22 budget for improvements to existing parks and facilities.

The contract contingency of $15,708.37 will also be paid out of existing Measure F appropriations as needed.

There is no impact to the General Fund.

Background:

On August 5, 1996, the City of Woodland broke ground on the Dick Klenhard Youth Ballfield Complex, located on Gum Avenue. The 8-acre park project was to include two lighted ball fields, playground equipment, picnic shelter and multi-use field, off-street parking, and a snack bar/restroom building. The Notice of Completion for the project was filed on June 20, 1997 and the dedication ceremony for the Dick Klenhard Youth Ballfield Complex took place on November 1, 1997.

Dick Klenhard ballfield complex is used throughout the year by the Woodland Cal Ripken Youth Baseball League for practices, games and tournaments. In addition, the Woodland Police Activities League uses the field during the summer for Junior Giants, a free program for boys and girls to learn the fundamentals of baseball.

Discussion:

The light poles and lights at Dick Klenhard ballfield complex are from the original construction. The bulbs have had to be replaced at least twice since the opening of the ballfield. Now, these bulbs are becoming obsolete and Staff may not be able to find replacements when the current bulbs fail.

Funding at this time will support the replacement of lighting on all three poles at one of the two fields. Staff proposes to enter into a contract with Musco Sports Lighting, LLC for Musco’s Light-Structure System retrofit.

The project will be for the removal of the current lighting and retrofitting with LED lighting for the three existing 200’ light poles with guaranteed light levels of 50 foot-candles in the infield and 30 foot-candles in the outfield.

This project would be beneficial for several reasons. First, there would be a reduction of energy and

maintenance costs by an estimate of fifty to eighty-five percent. This is due in part to the LED lights being more efficient than the current bulbs. In addition, there will be no maintenance costs for the first twenty-five years due to a 25-year warranty that includes materials and onsite labor. Another benefit of the new lighting system is a reduction of spill light and glare by an estimated fifty percent or more. Also, Staff have been receiving complaints from the neighborhood about a loud buzzing sound when the lights are in use. This buzzing is from the ballasts in the current lights that are starting to fail. The field that will be having the lights replaced is the field with the failing ballast as well as the field that is closest to residential homes. This project will also greatly reduce the light spill that shines on these homes, and will eliminate the buzzing coming from the lights on this field.

Staff proposes to utilize a cooperative purchasing agreement with Sourcewell (Contract Number: 071619- MSL). The Department has determined that the cooperative purchasing agreement satisfies the requirement of the City’s Purchasing Ordinance (Municipal Code section 3.32.140c). Cooperative purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments. In 2019, Sourcewell issued a request for proposals for Sports Lighting with Related Supplies and Services. Proposals were rated/scored for conformance to terms/conditions to include documentation; pricing (400 of the 1000 points); financial, industry, and marketplace successes; bidders' ability to sell and deliver contracts nationally; bidders' marketing plan; value added attributes; warranty coverages; and depth and breadth of offered equipment, products, or services. Nine vendors submitted proposals, three of which were selected to enter into contracts. Musco Sports Lighting, LLC was ranked number one. The Musco Sports Lighting, LLC contract with Sourcewell is valid from August 29, 2019 through August 27, 2023, and can be extended for a year. After council action on this item, Staff will work with the City Attorney on a contract to be executed by the City Manager for the retrofitting of the lighting.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute a contract with Musco Sports Lighting, LLC in the amount of $157,083.68 through a cooperative purchasing agreement with Sourcewell Contract Number 071619-MSL, and authorize a contract contingency up to 10% ($15,708.37); and affirming the City Manager’s determination that the City’s public bidding requirement has been satisfied by another government agency’s competitive bid procedure and the City’s price is equal to the price negotiated by that government agency.

Prepared by: Jenna Moncrief, Management Analyst

Reviewed by: Christine Engel, Community Services Director

Attachments:

1. Resolution

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WOODLAND 1) AUTHORIZING THE CITY MANAGER TO EXECUTE

A CONTRACT WITH MUSCO SPORTS LIGHTING, LLC IN THE
AMOUNT of $157,083.68 THROUGH A COOPERATIVE PURCHASING
AGREEMENT WITH SOURCEWELL CONTRACT NUMBER 071619-
MSL; AND AUTHORIZE A CONTRACT CONTINGENCY UP TO 10%
($15,708.37), AND 2) AFFIRMING THE CITY MANAGER’S
DETERMINATION THAT THE CITY’S PUBLIC BIDDING
REQUIREMENT HAS BEEN SATISFIED BY ANOTHER AGENCY’S
COMPETITIVE BID PROCEDURE AND THE CITY’S PRICE IS EQUAL

TO THE PRICE NEGOTIATED BY THAT GOVERNMENT AGENCY
WHEREAS, Dick Klenhard ballfield complex was built in 1997 and included two lighted ballfields; and
WHEREAS, the City of Woodland (“City”) has identified the need to retrofit the light poles on one of the two fields; and
WHEREAS, the City’s purchasing ordinance (Municipal Code section 3.32.140c) provides that the City Manager may approve of the waiver of competitive bidding when a determination is made that competitive bidding has already been completed by another public agency; and
WHEREAS, Staff has determined that the cooperative purchasing agreement satisfies the requirements of the City’s Purchasing Ordinance (Municipal Code section 3.32.140c) in that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better than the price to that public agency; and WHEREAS, Musco Sports Lighting, LLC has a cooperative purchasing agreement through Sourcewell (Contract Number 071619-MSL); and
WHEREAS, funding to support the project has been appropriated in the FY22 budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODLAND DOES HEREBY RESOLVE AND FIND AS FOLLOWS:

1. The City Council hereby authorizes the City Manager to execute a contract with Musco Sports Lighting, LLC in the amount of $157,083.68 through a cooperative purchasing agreement with Sourcewell Contract Number 071619-MSL, and authorizes a contract contingency up to 10% ($15,708.37). The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized herin does not change; and

2. The City Council hereby affirms the City Manager’s determination that the City’s public bidding requirement has been satisfied by another government agency’s competitive bid procedure and the City’s price is equal to the price negotiated by that government agency.

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: May 17, 2022
ITEM #: G.16
SUBJECT: Amendments to the City Municipal Code related to Commercial Cannabis Retail Uses

Recommendation for Action: Staff recommends that the City Council:

1. Receive this Report;

2. Conduct a public hearing;

3. Find that neither of these Ordinances constitute a project subject to California Environmental Quality Act (CEQA) review pursuant to Section 15061 (b) (3) of Title 14 of the California Code of Regulations as set forth in this Ordinance; and

4. Introduce and waive the first reading of Ordinance No. _____, to amend Chapter 17.110 of the City of Woodland Zoning Code, Exhibit B of the Interim Zoning Code, and Table 8.1 of the Downtown Specific Plan;

5. Introduce and waive the first reading of Ordinance No. _____, to amend Chapter 5.28 of the City of Woodland Municipal Code related to Cannabis Business Permits;

6. Adopt Resolution No. _____, to update Regulatory Permit Fees related to cannabis businesses.

7. Approve a $90,000 contract amendment with HdL Companies for a total contract amount of $118,500; and

8. Direct staff to return to City Council with a proposed ballot measure for the November 8, 2022 election to establish a cannabis business tax in the City of Woodland.

Staff Contacts:

Cindy Norris, Principal Planner, (530) 661-5911, [email protected] Evis Morales, Finance Officer, (530) 661-5923, [email protected]

Fiscal Impact:

Perfect Union, a commercial cannabis retailer that originally approached the City with this inquiry, funded the initial Ordinance development costs through a developer deposit account. The City’s General Fund has covered costs subsequent to the November 16, 2021, Council meeting. Depending on the final implementation of a retail cannabis program by the City Council, there is potential for realized revenue through negotiated operating agreements and/or development agreements with applicants that receive Conditional Use Permits. The proposed fees are intended to fully recover staff costs associated with administering and enforcing the City's Commercial Cannabis Program. Total revenue to be generated by the proposed fees will depend entirely upon the number of Commercial Cannabis Business Permits issued by the City, limited by the caps imposed on the number of Conditional Use Permits established by the City Council.

Currently, the City collects two types of revenue associated with cannabis businesses: Permit and Community Benefit Fees.

Permit Revenue, when a new business applies for a permit the City will collect $46,280 to allow for staff to review and process the application. This includes site visits by both Community Development and Police staff. Thereafter, businesses are responsible for requesting a renewal of the permit on an annual basis. These permit fees pay for program oversight, Police site visits and Police compliance, accounting, and an annual financial audit. Staff,over the last few years, have refined the Permit renewal cost for Manufacturing and Distribution businesses, staff estimates it will cost $10,000 for a financial audit and $7,621 in staff time; for Testing/Lab businesses, staff estimates it will cost $10,000 for a financial audit and $6,115 in staff time; and for Retail businesses, staff estimates it will cost $12,000 for a financial audit and $7,621 in staff time. These revised renewal permit fees are included in the staff recommendation as a change to existing fees.

Currently, existing cannabis businesses are comprised of two manufacturing and one distribution. The City does not make revenue above the cost of service on these fees and is legally only allowed to charge the City’s cost of doing business. From FY2018/19 through FY2021/21 the City has collected $365,551 and the City estimates $46,326 in permit renewal fees in FY2021/22. Total revenue over the course of four (4) fiscal years is estimated to be $411,877. See attachment 10 (ATT 10).

The City also collects a Community Benefit Fee that has been agreed to by the existing cannabis businesses in the City. The City negotiates an operating agreement with each of the cannabis businesses whereby a percent of gross receipts is remitted to the City. These funds assist the City in providing general services to the community. The percentage of the gross receipt sales is negotiated with each business but is normally about 5%. From FY2019/20 through FY2020/21 the City has collected $344,373 and the City estimates $240,000 in community benefit fees in FY2021/22. Total revenue over the course of three (3) fiscal years is estimated to be $584,373. See attachment 10 (ATT10). It is difficult to estimate the future potential additional community benefit funds that may be realized from cannabis retail sales as it will depend upon the success of the business and the negotiated percentage of the gross receipt sales. At minimum, assuming a similar realized community benefit as existing businesses, total additional annual revenue will be a minimum of $240,000, but likely much greater given the higher volume of taxable sales from retail uses.

Report in Brief:

This report presents the proposed amendments to the City of Woodland Municipal Code, including Chapter

17.110 Zoning Ordinance, to the Interim Zoning Code, and to the Downtown Specific Plan to provide regulations allowing consideration for commercial cannabis retail activities. The report also presents proposed amendments to Chapter 5.28 of the City of Woodland Municipal Code regarding Cannabis Business Permits and updates to the regulatory permit fees related to cannabis businesses. The Council is also asked to weigh in and provide input regarding future cannabis retail conditional use permit application processing and review.

This item was previously reviewed on November 16, 2021, at which time the City Council directed staff to consider additional amendments regarding buffers for sensitive uses, overconcentration, and social equity requirements. City staff have reviewed subsequent amendments with the City Council Subcommittee on March 4, 2022 and the joint Planning Commission and City Council Subcommittee on March 15, 2022. On May 5, 2022, the Planning Commission, at their regularly scheduled meeting, reviewed the proposed amendments and recommended approval by the Council, on a vote of 6-0, with one member absent.

The proposed zoning amendments will allow up to four commercial cannabis retail permits for storefront sales subject to the granting of conditional use permits. The City currently allows up to six commercial cannabis conditional use permits in the industrial districts for cannabis manufacturing, distribution, and testing. The proposed amendments will establish standards for the review and approval of retail cannabis uses. Delivery only uses are not be permitted within the City. Retail sales would be allowed for consideration in several commercial districts, including Corridor Mixed Use districts (West Main, East Main, East Street, Kentucky), Community Commercial, Regional Commercial Light Industrial Flex, and in the Downtown Specific Plan District A. Cannabis retail sales are not proposed in the industrial districts.

Amendments to both the Zoning Ordinance Chapter 17.110 and the Cannabis Business Permit Chapter 5.28 have been provided to address concerns raised by the City Council at their November meeting.

The report also recommends that the City Council direct staff to prepare materials so that the Council can consider placing a measure on the November 8, 2022 ballot for a cannabis business tax. Cannabis business taxes of this type are common in communities that allow for retail cannabis businesses and would provide a needed source of revenue to the City

Background:

On December 5, 2017, the Woodland City Council approved the regulatory framework to allow cannabis uses including land use zoning regulations, business permit requirements, fees for cost recovery, and review process. Ordinance 1629 added provisions (Section 17.110) related to the Zoning of commercial cannabis to allow consideration of cannabis manufacturing, distribution, and testing uses in the Industrial and Industrial Light Industrial Flex Overlay districts. Ordinance 1630 added a new chapter to the Municipal Code (Section

5.28) for commercial cannabis business permits which address the regulatory and operational regulations for cannabis businesses. Resolution 6982 approved regulatory permit fees for commercial cannabis. All cannabis conditional use permits (CUP) require review and recommendation from the Planning Commission with final action by the City Council.

Section 17.110.050 of the Woodland Zoning Ordinance allows for consideration of up to six (6) conditional use permits (CUPs) for commercial cannabis manufacturing, distribution and testing facilities, which may be located in the Industrial and Industrial/Light Industrial Flex Zones. A CUP may cover a single individual location with one use, or a CUP may include approval for multiple uses collocated at one site through a master conditional use permit. To date, four of the six allowed CUPs have been approved. Three of the approved CUP locations are currently operated by commercial cannabis businesses (2 manufacturing uses and 1 distribution use). A fourth master CUP was approved, allowing for manufacturing, distribution and testing collocated at one site. However, a non-cannabis user currently occupies that site. A CUP runs with the land unless revoked.

The current Ordinance does not allow for retail storefronts (dispensaries) or delivery from businesses in Woodland. The ordinance prohibits commercial cannabis cultivation (indoor and outdoor). Commercial cannabis businesses may not be located any closer than 600 feet to any sensitive use, as measured from parcel to parcel.

In 2021, interested members of the community and cannabis industry approached the City to request consideration for amendments to the current regulations to allow retail cannabis dispensaries. In response to the most recent inquiry from Perfect Union and their commitment to fund the City’s efforts to evaluate ordinance updates, the City initially engaged an Ad Hoc Cannabis Subcommittee made up of members of the City Council, Planning Commission, and supported by City Planning staff and the City Attorney. Based on the recommendations of the Subcommittee, ordinance amendments were drafted.

On October 7, 2021, the Planning Commission reviewed the amendments and recommended approval by the City Council. However, at their November 16, 2021, meeting, the City Council directed staff to consider additional amendments to the Ordinance regarding allowed locations, buffers for sensitive uses, overconcentration, and social equity requirements. Subsequent amendments were reviewed with the City Council Cannabis Subcommittee on March 4, 2022, and the joint Planning Commission and Council Subcommittee on March 15, 2022.

Discussion:

Zoning
The purpose of a zoning ordinance is to provide land use controls over certain uses consistent with State Law. Zoning generally regulates specified uses (permitted, conditionally permitted or prohibited), where uses may be located, and sets the entitlement process to determine what gulatory body shall consider and approve those uses. All proposed or approved zoning regulations and cannabis uses may be later amended based on further Council direction.

Recommended edits to the Zoning Ordinance Chapter 17.110 subsequent to November 16, 2021, include:
• Requiring additional information regarding the applicant's experience and qualifications. • Requiring the applicant’s plans to ensure strong community relations and compatibility with the surrounding neighborhood.
• Authorizing the Community Development Director to prepare evaluation and scoring criteria, which may

be
used for making recommendations to the Planning Commission and City Council. • Requiring that public notice be provided to all properties within a 600-foot radius of the proposed project site, 10-days prior to any scheduled public hearing date. • Requiring that a highly visible public notice, defined as 4-foot by 8-foot in size, be posted on site. • Requiring that no cannabis retailer shall be closer than 500-feet to any other cannabis retailer and that no more than two (2) cannabis retailers shall be located within 1,000 feet of each other in order to limit overconcentration.
• Allowing the City Council the ability to consider exceptions to the 600-foot buffer and concentration requirements based on specific findings, such as the separation of cannabis retail uses by a significant physical barrier, no expressed evidence of public concern, potential economic revitalization to the proximate area, and that there will be no public health, safety, or nuisance issues.

The amended and updated draft Chapter 17.110 of the Zoning Ordinance is included as Attachment 2. The original proposed revisions to the Zoning Code, Interim Zoning Ordinance, and Downtown Specific Plan District A are shown in black bold and underline. Subsequent amended text to the Zoning Code Chapter

17.110 is shown in blue bold and underline. Amendments to the Interim Zoning Ordinance and Downtown Specific Plan District A are shown in Attachments 3 and 4. A map providing illustrations of proposed cannabis retail land use locations and the 600-foot sensitivity buffer are provided in Attachment 8. A copy of the City Council staff report from November 16, 2021, is provided in Attachment 9.

Cannabis Business and Operating Requirements
Every business interested in opening a commercial cannabis business in the City of Woodland will need a CUP, Cannabis Business Permit (CBP) and State of California License. The CBP ordinance, Chapter 5.28 of the Municipal Code, provides the regulatory conditions for cannabis business operations.

The CBP review requires the submittal of extensive information regarding business operations. The proposed amendments to Chapter 5.28 allow for issuance of CBPs to cannabis retailers, and include specific operational requirements that will apply to those retailers. The original proposed revisions are shown in black bold and underline. Subsequent amended text to Chapter 5.28 is shown in blue bold and underline. (Attachments 5 and

6.)

Recommended edits to the Cannabis Business Permit Ordinance Chapter 5.28, subsequent to November 16, 2021 include amendments to the Application Requirements (5.28.180) including:
• Requiring additional information from the applicant and interested parties concerning prior experience, certifications, and training.
• Requiring additional information regarding Business Operations (5.28.180.6) including:
o Additional information in the Business Plan
o Providing a Community Benefit Plan
o Providing Social Policy and Local Enterprise Plan
o Clarifications to the Community Relations and Neighborhood Compatibility Plan

The new requirement for a Community Benefit Plan requires submittal of a plan describing the benefits that the cannabis business has provided or will provide to the local community including direct aid, participation in, and commitment to funding the work of local non-profits, community, civic, or social service based organizations.

The new requirement for a Social Policy and Local Enterprise Plan requires submittal of a plan describing the applicant’s plans for local outreach and hiring of residents of the City of Woodland and/or compensation for continuing education, and any other actions intended to benefit the local workforce and/or the applicant’s local employees.

The amended requirement for a Community Relations and Neighborhood Compatibility Plan requires the

applicant to describe how the cannabis business will proactively address and respond to complaints from the surrounding community related to noise, odor, litter, vehicle, and pedestrian traffic and any other activities that could become a nuisance.

All businesses must also go through a similar review with the State Bureau of Cannabis Control.

Regulatory Permit Fees
On December 19, 2017, the City adopted Resolution 6982 to allow for cost recovery associated with commercial cannabis activities. The fees are charged at the time of initial approval of the Cannabis Business Permit (CBP) and at annual renewal.

New Business Commercial Cannabis Permit Fees are in addition to any Conditional Use Permit application fee, and are charged on a one-time non-refundable basis to cover costs associated with processing applications from businesses applying for a City of Woodland CBP. The New Business fees were established in December 2017 and remain unchanged except for the addition of a Retail Category, and that the fees be subject to an annual Consumer Price Index (CPI). This would allow for better cost recovery and is similar to most fees assessed city-wide.

When a new manufacturing, distribution, or retail business applies for a permit, the City will collect $46,280 to allow for staff to review and process the application. Testing and Delivery businesses pay a lower initial startup fee. This fee includes site visits by both Community Development and Police. Thereafter, businesses are responsible for requesting a renewal of the permit on an annual basis. These permit fees pay for program oversight, police site visits and police compliance, accounting, and an annual financial audit. The renewal fees are based on the type of cannabis business and previously have ranged from $30,000 to $32,500. Testing/Lab and Delivery Permits have had lower renewal fees.

Renewal Commercial Cannabis Permit Fees are different from the New Business Commercial Cannabis Permit Fees as far as cost to the city to monitor/inspect and audit. After a business has begun its operations, staff typically spend less time monitoring these businesses. Inspections and code adherence is carried out by police staff, while Finance is responsible for monthly collection/accounting of the community benefit proceeds as well as carrying out an annual audit of each business' gross receipt sales.

In May of 2020, City Council authorized a reduction in renewal fees from December 2017. More recently, the city has recently had the opportunity to re-assess actual costs associated with the existing cannabis administration and enforcement activities and has also evaluated anticipated costs with the addition of retail storefront cannabis. As stated herein, these fees are intended for full cost recovery. The proposed revised renewal fees, including retail storefront uses, are provided below:

Similar to the New Business Permit fees, staff is recommending that these renewal fees be subject to an annual Consumer Price Index (CPI). (Resolution provided in Attachment 7)

Planning Commission Review
On October 7, 2021, the Planning Commission held a public hearing to consider the proposed land use/zoning amendments. After reviewing the report and taking testimony, the Planning Commission voted unanimously to recommend approval of the amendments to City Council. There were five members present with one absence. On May 5, 2022 the Planning Commission reviewed the updated amendments to the previously proposed ordinance. After review of the report and taking public testimony, the Planning Commission voted to recommend approval of the subsequent amendments to the City Council by a vote of 6-0, with one absence.

Environmental Determination
The proposed Zoning Ordinance amendment imposes reasonable zoning regulations on commercial cannabis uses to ensure that such uses are conditionally permitted in existing and proposed future zones, subject to zoning standards and locational restrictions that minimize access by minors and provide performance evaluations. Accordingly, this Ordinance will not result in any significant change in the environment within the meaning of Section 15061(b)(3) of Title 14 of the California Code of Regulations. Additionally, commercial cannabis uses authorized by this Ordinance are subject to the granting of a conditional use permit, which requires discretionary review subject to the California Environmental Quality Act (CEQA).

The proposed regulatory ordinance establishes a permitting process and reasonable regulations on commercial cannabis businesses, to the extent that such businesses are authorized to operate in the City pursuant to state and local law, and does not independently authorize any particular cannabis business or use to establish or operate in the City. The regulatory business ordinance is therefore not a project subject to CEQA. As such, the Ordinance is additionally exempt from CEQA review pursuant to Business and Professions Code Section 26055(h).

Cannabis Business Tax Measure

City staff is also proposing that the City Council direct staff return to Council to discuss a potential ballot measure that would enact a local tax on cannabis businesses that would help to fund general city services. Pursuant to Proposition 218 (California Constitution, Article XIIIC), all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election. As a result, if the City Council desires to impose a local tax on cannabis businesses within the City, the proposed tax must be approved by the voters in order to go into effect. Local taxes on cannabis businesses are common in communities that allow for retail cannabis businesses, and can be an additional source of revenue for local services. In the event that the cannabis business tax passed, it would replace the community benefit fee, as it applies to existing cannabis businesses in the City. In order to place a ballot measure on the November 8, 2022 election, the City Council must pass (by a 2/3 vote) a resolution placing the measure on the ballot on or before the June 21, 2022 Council meeting. If directed by Council, staff will return to Council next month with a proposed ballot measure for your consideration.

Cannabis Financial Audits
Lastly, the City has engaged HdL Companies to assist the City in performing cannabis financial audits to ensure that the City is receiving community benefit fee as agreed to in the various operating agreements. The City entered into a one (1) year agreement with HdL in March 2021, in order to audit cannabis business for the 2021 fiscal year. The cost of audit for the year was $28,500. HdL has been a instrumental is assisting the City in recognizing accounting errors and has ensured that existing cannabis businesses have remitted all community benefit fees due to the City. The City wishes to continue this contractual agreement with HdL and is recommending a contract extension of $90,000 or $30,000 per year (for three (3) years). Total contract would not exceed $118,500. Contract costs are paid for by annual permit renewal fees.

Conclusion:

Staff recommends that the City Council:

1. Receive this Report;

2. Conduct a public hearing;

3. Find that neither of these Ordinances constitute a project subject to California Environmental Quality Act (CEQA) review pursuant to Section 15061 (b) (3) of Title 14 of the California Code of Regulations as set forth in this Ordinance; and

4. Introduce and waive the first reading of Ordinance No. _____, to amend Chapter 17.110 of the City of Woodland Zoning Code, Exhibit B of the Interim Zoning Code, and Table 8.1 of the Downtown Specific Plan;

5. Introduce and waive the first reading of Ordinance No. _____, to amend Chapter 5.28 of the City of Woodland Municipal Code related to Cannabis Business Permits; and

6. Adopt Resolution No. _____, to update Regulatory Permit Fees related to cannabis businesses.

7. Approve a $90,000 contract amendment with HdL Companies for a total contract amount of $118,500.

8. Direct staff to return to City Council with a proposed ballot measure for the November 8, 2022 election to establish a cannabis business tax in the City of Woodland.

Prepared by: Cindy Norris, Principal Planner
Evis Morales, Finance Officer

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

Attachments:

1. ATT 1 - City Council Ordinance Relating to Zoning Updates 17.110

2. ATT 2 - Cannabis Zoning Code Chapter 17.110 Amendments. (Att A to Ordinance)

3. ATT 3-IZO Comprehensive Use Table Amendments (Att B to Ordinance)

4. ATT 4-Downtown Specifc Plan Table 8.1 (Att C to Ordinance)

5. ATT 5 - CC Regulatory Ordinance 5.28 Amendments

6. ATT 6 - Cannabis Business Permit Chapter 5.28

7. ATT 7 - Cannabis Revised Fees - Contract Amendment Resolution (002)

8. ATT 8 - Map of Retail Zones Sensitivity Buffer

9. ATT 9 - November 16, 2021 CC Staff Report Cover
10 .

ATT 10-Cannabis Fee Revenue

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WOODLAND AMENDING CHAPTER 17.110 TO THE CITY OF

WOODLAND MUNICIPAL CODE, EXHIBIT B THE COMPREHENSIVE
USE TABLE OF THE INTERIM ZONING ORDINANCE, AND TABLE 8.1

OF THE DOWNTOWN SPECIFIC PLAN RELATED TO ZONING OF

COMMERCIAL CANNABIS RETAIL BUSINESSES IN THE CITY OF

WOODLAND
WHEREAS¸ the City of Woodland’s Municipal Code prohibits any person from carrying on a business in the City that is in violation of state or federal law; and WHEREAS¸ the voters of the State of California adopted Proposition 64, the Adult Use of Marijuana Act, on November 8, 2016, which authorized certain personal cultivation and use of cannabis; and
WHEREAS¸ on June 27, 2017, the Governor signed SB 94 into law, a budget trailer bill effective immediately, to consolidate state licensing of medicinal and recreational “adult-use” cannabis businesses into a single regulatory scheme, now titled the “Medicinal and Adult-Use Cannabis Regulation and Safety Act” (MAUCRSA); and
WHEREAS, state law authorizes the City of Woodland to either prohibit or regulate commercial cannabis uses; and
WHEREAS¸ on December 5, 2017, the City Council of the City of Woodland approved Ordinances 1629 and 1630 thereby adding Chapter 17.110 and Chapter 5.28 to establish zoning and business permit regulations regarding commercial cannabis manufacturing, testing, and distribution businesses in the City.

WHEREAS¸ the City Council of the City of Woodland has determined that reasonable regulations regarding the establishment of commercial cannabis businesses in the City, as defined in this Ordinance and consistent with State law, will provide an appropriate balance between the City’s interests in fostering certain commercial, agricultural, and research-related activities while also protecting the public health, safety, and welfare of Woodland residents; and WHEREAS, the City of Woodland Planning Commission considered the proposed Ordinance to amend the Zoning Code regarding commercial cannabis retail uses during a duly noticed public hearing on October 7, 2021, and voted 5-0, 1 absent, to recommend that the City Council adopt this Ordinance and the proposed Zoning Code amendments; and WHEREAS, the City Council of the City of Woodland considered the proposed Ordinance to amend the Zoning Code regarding commercial cannabis retail uses during a duly noticed public hearing on November 16, 2021, and requested that staff consider additional amendments; and

WHEREAS, the City of Woodland Planning Commission considered the proposed amendments to the Zoning Code regarding commercial cannabis retail uses during a duly noticed public hearing on May 5, 2022, and voted _______ to recommend that the City Council adopt this Ordinance and the proposed Zoning Code amendments; and
WHEREAS, the City Council finds, based on the Planning Commission’s recommendation, that this Ordinance is in general conformance with the City’s General Plan and that the public necessity, convenience, and general welfare require the adoption of this Ordinance to balance the City’s interests in maintaining and developing certain commercial cannabis activities in the City while preserving the public health and safety of Woodland residents; and WHEREAS¸ the City Council also finds that adoption of this Ordinance preserves and clarifies the City’s intended Zoning regulations regarding cannabis uses and is intended to retain and maintain local land use authority over those uses in light of State law and State licensing of commercial cannabis uses; and
WHEREAS, the City Council finds that this Ordinance will not result in any significant changes to the character or use of properties in the City and is not a project with the potential for causing a significant effect on the environment requiring California Environmental Quality Act (CEQA) analysis, and is categorically exempt from CEQA; and NOW, THEREFORE, the City Council of the City of Woodland does hereby ordain as follows:

Section 1. Chapter 17.110 of the Woodland Municipal Code is hereby amended to read as set forth in Exhibit A, with removals identified in strike out and text additions identified with bold/underline.

Section 2. Exhibit B, the Comprehensive Land Use Table of the Interim Zoning Ordinance, is hereby amended to read as set forth in Exhibit B, with text removals identified in strike out and text additions identified with bold/underline.

Section 3. Table 8.1 of the Downtown Specific Plan, is hereby amended to read as set forth in Exhibit C, with text removals identified in strike out and text additions identified with bold/underline.

Section 4.Severability. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable.

Section 5.CEQA. The City Council hereby finds that the Zoning regulations in this Ordinance are consistent with existing zoning standards that apply to other similar commercial uses in the City.

Section 6.Effective Date. This Ordinance shall take effect thirty (30) days after its adoption PASSED AND ADOPTED by the City Council of the City of Woodland at a regular scheduled meeting of the City Council held on the 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Mayra Vega, MAYOR
Attest: Approved as to Form:
__________________________________ ____________________________________ Ana Gonzalez, City Clerk Ethan Walsh, City Attorney
Exhibit A: Chapter 17.110 of the Woodland Municipal Code as amended Exhibit B: Comprehensive Land Use Table of the Interim Zoning Ordinance as amended Exhibit C: Table 8.1 of the Downtown Specific Plan as amended

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Woodland Municipal Code
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Title 17 ZONING
Chapter 17.110 COMMERCIAL CANNABIS BUSINESSES

17.110.010 Purpose.

The purpose of this chapter is to impose zoning restrictions on commercial cannabis businesses in the City of Woodland as authorized and/or licensed by the State of California pursuant to State law. This chapter is not intended to, and does not, give any person or entity independent legal authority to operate a cannabis business. Rather, it is intended to impose zoning restrictions regarding cannabis businesses that may operate in the City pursuant to this code and State law. This chapter is in addition to any other business license and regulatory requirements imposed on cannabis businesses by this code or other applicable law. (Prior code § 25-21.6-10)

17.110.020 Applicability.

No part of this chapter shall be deemed to conflict with Federal law, as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or any other local, State, or Federal law, statute, rule, or regulation. Nothing in this chapter shall be construed to allow any conduct or activity relating to cultivation, distribution, dispensing, sale or consumption of cannabis that is otherwise illegal under local or State law. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the Yolo County District Attorney’s office, the Attorney General of the State of California, or the United States of America. (Prior code § 25-21.6-20)

17.110.030 Definitions.

The following words and phrases shall have the following meanings when used in this section:
“Cannabis” means all or any parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis, and cannabis as defined by Section 11018 of the California Health and Safety Code, as it may be amended. For purposes of this chapter, “cannabis” means and includes both cannabis for medical purposes and non-medical, “adult-use” purposes, unless otherwise specified. Cannabis shall does, but does not include industrial hemp. “Cannabis business” means a business activity, including, but not limited to, planting, cultivation, harvesting, transporting, manufacturing, compounding, converting, processing, preparing, storing, packaging, distributing, researching, testing, providing, or selling wholesale and/or retail sales of cannabis. A cannabis business includes any facility, building structure, or location, expressly including dispensaries and deliveries, and shall expressly include those commercial cannabis activities authorized and/or licensed by State law. “Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis licensed by the State and intended for commercial sale. For purposes of this chapter, cannabis cultivation does not mean or include personal cultivation of cannabis regulated by Chapter 17.108. “Cannabis distribution facility” means any facility engaged in the procurement, temporary storage, non-retail sales, and transport of cannabis or cannabis products between State-licensed cannabis business, including warehouses and similar structures.
“Cannabis laboratories and research” means a laboratory, facility, or entity that offers or performs tests or testing of cannabis or cannabis products, including accredited testing laboratories licensed by the State and involved in commercial cannabis activity in the State. Cannabis laboratories and research also includes start-up or incubator research activities, which typically include, but are not limited to, research, design, analysis, development, and/or testing of a cannabis product, and laboratories or facilities engaged in scientific research studies, investigation, testing, or experimentation, but not including cannabis manufacturing or sales of cannabis.

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“Cannabis manufacturing” means the compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product. For purposes of this chapter, cannabis manufacturing expressly includes the production, preparation, propagation, processing, or compounding of cannabis or cannabis products directly or indirectly, including through extraction and/or chemical synthesis methods. Cannabis manufacturing may include distribution of wholesale products from the premises, but shall not include any retail sales of cannabis or cannabis products or other sales to consumers.
“Cannabis retailer” means a premises permanently located in the City licensed by the State of California pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code Section 26000 et seq., as may be amended, where cannabis is provided for retail sale to consumers, including an establishment that delivers cannabis as part of a retail sale. Unless otherwise specified, “cannabis retailer” means both a retailer selling medical cannabis and medical cannabis products to patients with valid physician’s recommendations, and a retailer providing adult-use cannabis and cannabis products for adults 21 years of age and over, pursuant to State law. (Prior code § 25-21.6-30)
“Temporary Cannabis Event” means a temporary cannabis event where people can sell and consume cannabis. These events last from one to four days.

17.110.040 General conditions.

A. No cannabis business may operate in any zoning district in the City of Woodland except as expressly permitted by and in conformance with the provisions of this chapter. No cannabis business may engage in the retail sales of cannabis unless expressly permitted or conditionally permitted pursuant to this chapter. No temporary cannabis events shall be permitted or conditionally permitted.

B. Any cannabis business permitted by this chapter must, prior to operating a cannabis business, obtain and maintain at all times a valid license issued by the State of California, as may be applicable, and any other local or regulatory licenses required by this code. Any cannabis business operating without a valid license from the State of California shall cease operations until a valid State license is obtained, in addition to any other State and local requirements that may apply.

C. Pursuant to California Business and Professions Code Section 26054(b), as may be amended, no cannabis business may be located within a 600-foot radius of a school providing K-12 instruction, a day care center or a youth center in existence at the time the license is issued. Additionally, no cannabis business may be located within a 600- foot radius of a public park. (Prior code § 25-21.6-40) (1) The City Council may make an exception if there is clear evidence based on considerations such as the separation of sensitive uses by a significant physical barrier, no expressed evidence of public concern, and the potential revitalization of an existing blighted condition, that there will be no public health, safety, or nuisance issues due to closer proximity of cannabis retail uses to an identified sensitive use.

17.110.050 City Council review.

A. The Planning Commission shall review all conditional use permit applications submitted pursuant to this chapter and provide a recommendation regarding approval to City Council.

B. The City Council shall serve as the final review authority for all conditional use permit applications submitted pursuant to this chapter, and is authorized to approve or deny issuance of all cannabis conditional use permits.

C. In evaluating whether to recommend approval or approve conditional use permit applications, the Planning Commission and City Council shall consider the following factors, in addition to all other requirements provided for in Chapter 17.132 of this title:

1. The type of proposed use by the applicant;

2. Whether the proposed use will be detrimental to the health, safety and welfare of the community;

3. Whether the use would enhance the economic viability of the area in which it is proposed to be located, including adjacent and surrounding properties;

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4. Whether the applicant has adequately addressed potential community benefits of the use to offset potential adverse impacts;

5. The extent of support or opposition to the proposed use and location from members of the community, and applicant’s plans to ensure strong community relations and compatibility with the surrounding neighborhood;

6. The number of cannabis uses located or proposed to be located within 1,000 feet of the proposed location;

7. The extent to which the proposed use would cause a further overconcentration of that particular type of use in the area;

8. The background and the history of the applicant, including the experience and qualifications of the applicant and those persons involved in the management, oversight and day to day operations of the proposed use, the professional training and certifications of the applicant and/or persons involved in the management, oversight and day to day operations of the proposed use, and the nature and extent of problems on any premises where he or she the applicant has operated a cannabis business in the past; and

9. Whether there is a history of police or crime-related problems in the area of the proposed location which may be exacerbated by establishment of the proposed cannabis use.

10.Whether the proposed license would enhance recreational or entertainment opportunities in the area.

D. The City Council is authorized to approve up to a maximum of six total conditional use permits for commercial cannabis manufacturing, distribution and/or testing businesses pursuant to this chapter. The City Council is authorized to approve up to a maximum of four total conditional use permits for cannabis retailers pursuant to this chapter. (Prior code § 25-21.6-50).

E.The community development director or designee is authorized to administer reasonable guidelines and policies, including appropriate application periods for accepting requests for zoning approvals and use permits for cannabis retailers, consistent with this section, and evaluation and scoring criteria that may be used for the selection of cannabis retailers, in the event that the City receives more applications than the number of available conditional use permits. The community development director or designee may use such evaluation and scoring criteria for making recommendations to the Planning Commission and City Council on the proposed uses.

F.The community development director or city council may address additional development and operational standards through conditions on the conditional use permit as it determines necessary or appropriate for the cannabis retailer conditional use permit under consideration, provided that any such conditions shall not conflict with operating requirements that may be applicable pursuant to other provisions of this Code.

17.110.060 Cannabis manufacturing.

Cannabis manufacturing may be permitted, subject to the requirements of this code, including all applicable performance standards, and the granting of a conditional use permit as provided for in Chapter 17.132, in the industrial (I) and industrial with light industrial flex overlay (I/LIF) zones. (Prior code § 25-21.6-60)

17.110.070 Cannabis laboratories and research.

Cannabis laboratories and research facilities may be permitted, subject to the requirements of this code, including all applicable performance standards, and the granting of a conditional use permit as provided for in Chapter 17.132, in the industrial (I) and industrial with light industrial flex overlay (I/LIF) zones. Cannabis laboratories and research facilities are prohibited from engaging in commercial cultivation, manufacturing, distribution and sales of cannabis. (Prior code § 25-21.6-70)

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17.110.080 Cannabis distribution facilities.

Cannabis distribution facilities may be permitted, subject to the requirements of this code, including all applicable performance standards, and the granting of a conditional use permit as provided for in Chapter 17.132, in the industrial (I) and industrial with light industrial flex overlay (I/LIF) zones. (Prior code § 25-21.6-80)

17.110.090 Cannabis cultivation.

Cannabis cultivation is prohibited. (Prior code § 25-21.6-90)

17.110.100 Cannabis retailers.

A.Cannabis retailers may be permitted, subject to the requirements of this code including all applicable performance standards, and granting of a conditional use permit as provided in Chapter 17.132, and Section

17.110.050, in the Corridor Mixed Use East Street (CMU-E), Corridor Mixed Use West Main (CMU-WM), Corridor Mixed Use Kentucky (CMU-K); Corridor Mixed Use Light Industrial Flex Overlay (CMU-LIF), Community Commercial, Regional Commercial Light Industrial Flex Overlay (RC-LIF), Downtown Mixed Use (DMU) zone, District A. Cannabis retailers are prohibited in all other zoning districts of the City. Cannabis retailers are prohibited. (Prior code § 25-21.6-100)
B. Cannabis retailers that will not be open to the public and that perform sales exclusively by delivery are prohibited.

C. Cannabis retailers may include a cannabis distribution facility as an accessory use to serve the on-site business pursuant to this chapter and shall be subject to the following:
(1) The distribution facility shall be appurtenant and incidental to the retail use, both in terms of size and use and shall only be used to support the retail facility that is the primary use on site and, if applicable, other retail facilities owned and operated by the applicant. The distribution facility shall not be used for distribution of cannabis or cannabis products to other cannabis retailers. (2) The distribution facility shall not be predominantly visible to the public from the street frontage adjacent to the cannabis retailer or if the distribution facility is located within a commercial center, the distribution facility shall not be a specific and identifiable use apart from the cannabis retailer. (3) There shall be adequate parking and loading on site to serve both the cannabis retailer and the distribution facility, and spaces for loading associated with the distribution facility shall be located in the rear of the applicable property, outside of view from the street frontage or frontage of the commercial center. Only smaller vehicles, vans, or sprinter vans shall be used for delivery vehicles. Larger trucks, such as CA legal “Semi-trucks” or “18-wheelers”, and any trucks over five-tons are prohibited from delivering cannabis product on site. The location and storage of all vehicles used for the cannabis business shall be provided in a safe and secure manner and meet all security requirements of the City of Woodland Police Chief and applicable State requirements.
(4) Accessory distribution facilities shall comply with all provisions applicable to cannabis distribution facilities as a primary land use.

D.Public notice of a commercial cannabis retail conditional use permit application shall be provided to all properties within a minimum 600-foot radius 10 days prior to any scheduled public hearing date, and the site shall be posted with a highly visible notice. (1) The highly visible notice shall be a minimum of 4 foot x 8 foot in size mounted on a freestanding sign or posted on the building frontage.
(2) The applicant shall be responsible for posting the site consistent with a format provided by the City, and shall provide verification of such posting.

E.Cannabis retailers shall be no closer than 500-feet to each other, and no more than two (2) cannabis retailers shall be located within a 1,000 foot radius, except under the following circumstances:
(1) The City Council may make an exception to Section 17.110.100 E if there is clear evidence based on

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considerations such as the separation of cannabis retail uses by a significant physical barrier, no expressed evidence of public concern, and potential economic revitalization to the proximate area, that there will be no public health, safety, or nuisance issues resulting from the closer proximity of one cannabis retail use to another.

17.110.110 Additional regulatory requirements.

In addition to complying with all applicable requirements in this chapter and obtaining a State license for commercial cannabis activities, no commercial cannabis use may operate in the City without first obtaining a cannabis business permit. (Prior code § 25-21.6-110)
View the mobile version.

1 EXHIBIT B - COMPREHENSIVE USE TABLE - SUMMARY OF ALLOWED LAND USES AND PERMIT REQUIREMENTS Adopted May 1, 2018 (Rev April 7, 2020) (Revised XX, 2021) Zoning District
Corridor Mix Use (CMU) Commercial Industrial Residential Comments CMU-East
CMU-
Kentucky
CMU-West
Main
CMU-Light
Industrial
Flex Overlay
Community
Commercial
Regional
Commercial
Regional
Commercial
Light
Industrial
Flex Overlay
Industrial
Light
Industrial
Flex Overlay
Industrial
High Density
Residential
P = Permitted
A = Zoning Administrator Permit
C = Conditional Use Permit
“-“ = Not Permitted
L = Special Criteria – Provides clarification
whether a use is allowed, when and under what
conditions.

LAND USE
CMUE CMUK CMUWM CMU/LIF CC RC RC/LIF I/LIF I* HDR
*See the Industrial Use Table 3 of the Zoning
Ordinance for permitted, conditionally permitted
or prohibited uses. This table supplements or
clarifies Table 3. If a cell is blank, see Table 3
for reference..

COMMERCIAL CANNABIS USES
Manufacturing: both volatile and non-
volatile (limited to manufacturing for
wholesale, distribution for resale); Retail (on-
site) sales prohibited
- - - - - - - C C -
Sections 17.110.60 and 5.2804
Testing, Research and Development:

Retail (on-site) sales prohibited. - - - - - - - C C - Sections 17.110.60 and 5.28 Distribution: Retail (on-site) sales
prohibited - - - - - - - C C - Sections 17.110.60 and 5.28 Retailers: Storefront (Dispensaries):
prohibited
C-
L38
C
L-38
C-
L-38
C-
L-38
C
L-38 - C-
L-38 - - -
A storefront retail use may
include delivery
Distribution as an accessory
use may be allowed
Section 17.110
Retailers: (Delivery only): prohibited - - - - - - - - - - Indoor Commercial Cultivation: prohibited - - - - - - - - - - Outdoor Cultivation: prohibited - - - - - - - - - -
Indoor Personal Cultivation L31 L31 L31 L31 - - - - - - SPECIAL LIMITATIONS:

L1 May be allowed with a Zoning Administrator use permit L2 Residential or other similar sensitive uses may be considered on the south side of Kentucky Avenue, but on the north side these uses may only be allowed with an approved Specific Plan.

L3 A Zoning Administrator Permit is required for more than 2,000 sq. ft.

L4 Cannot be located within 500 feet of a school or park.

L5 Over 10,000 square feet, may be approved with a Zoning Administrator Permit.

L6 Allowed on a shopping center site as an accessory use within an enclosed structure, which may be portable.

L7 Only allowed on the rear half of a lot and not within 500 feet of a school or public park, must be located more than 750 feet from any following zones: OS, R-1, R-2, NP, or RM, must be more than 1,000 feet from any other adult book store or adult motion picture theater, and a conditional use permit is required. Refer to Section 17.104.170
L8 Only allowed as an accessory use to a gas station or car dealership, typically on the same parcel. Drive through lane and wash stall area shall be screened from public view.

L9 Not allowed under 5,000 square feet in the RC,RC/LIF, CMU, CC districts, and only if associated with a service station. No hard alcohol sales may be allowed if associated with a service station.

L10 Shall be designed to minimize noise, light, glare, vibration, and other nuisance concerns. Where adjacent to a residential district shall require a Zoning Administrator Permit.

L11 A conditional use permit required if site is abutting a residential zone.

L12 – Up to 10% of the total square footage of shops within a regional commercial center may consist of ancillary office spaces that support other uses. Limit does not apply to stand alone, professional office buildings.

L13 – Requires a master plan in which 50% shall be commercial or uses other than mini-storage and all necessary access and utility easements and improvements are identified and installed as necessary to ensure adequate service to the site and master plan areas; mini-storage portions shall be set back from a street frontage and no closer than 300- feet from an arterial , buildings shall be a minimum of two stories where adjacent to freeway or major arterial to screen views; buildings shall exhibit exemplary architectural design, and facilitate a lively and vibrant street/active street frontage. The project shall incorporate conservation and sustainability features to achieve net zero energy use, shall provide a lighting and security plan, and shall demonstrate measurable community benefit in a manner agreed upon by the City and memorialized in a documented agreement.

L14 - All materials stored outside must be fully screened from view from any rights of way and below fence height. If outdoor storage of materials or equipment is adjacent to a residential district a conditional use permit is required. Any work bay area shall be screened from public view.

L14a – Outdoor storage may only be allowed in conjunction with an existing active business located and operated within a building and active business license. The storage or truck parking area must be an accessory use to the existing business. A single use outdoor storage or truck parking lot is not permitted.

2 L15 – On-site rental car parking is limited to the minimum needed for immediate customer pick up only, no on site storage of cars.

L16 - Subject to Section 17.104.180, Wireless Facilities Ordinance L17 – Auto sales in an open lot may be considered as an accessory use to a retail showroom and service area, or as part of a complete dealership complex. Site access, internal vehicle circulation, auto-display, and landscaping are subject to review. No surface parking lot or outdoor display area solely intended for the sale of new or used cars and not accessory to an indoor showroom is allowed as a primary use on a site L17a- Used car sales must be associated with a new car dealership, except for large format used car dealerships (as example Carmax). A single use used car sale lot is not permitted.

L18 – In the Industrial areas small-scale establishments serving local businesses are allowed. The proximity of fast food uses within 1/2 mile of schools, youth facilities or residential uses shall be evaluated for overconcentration. The General Plan emphasized “dining” and “slow food: establishments.

L19 -.Reserved
L20 - Zoning Administrator permit is required for more than 3,000 sq. ft.

L21 - Drive through fast food may not be allowed within 1/2 mile of a school, evaluate the extent of overconcentration of existing or proposed fast food restaurants and drive through fast food within 1,000 feet of the proposed location, minimize the siting of unhealthy land uses, and evaluate the impact to the City’s GHG emissions. See Section 3.06
L22 - Only allowed as a secondary use occupying less than one-third of the floor area in a multi-tenant building.

L23 - Allowed within a shopping center on in an Industrial zone on the site of a recycling processing facility and must be within an enclosed structure, which may be portable.

L24 - Only allowed as an accessory use with a service station with a Zoning Administrator permit.

L25 - Only allowed on the rear half of a lot in order to ensure that the street frontage is activated.

L26 –Tasting room is permitted as an ancillary use to an existing active business. If it is a stand-alone business it is considered a micro-brewery/wine bar/brew pub.

L27 New mini-storage is not permitted, except the expansion of a previously approved and constructed mini-storage facility subject to a Conditional Use Permit. The new buildings shall be a minimum of two-stories in height. The project shall incorporate conservation and sustainability features to achieve net zero energy use; shall provide a security and lighting plan; and shall demonstrate measurable community benefit in a manner agreed upon by the City and memorialized in a documented agreement.

L28 - Outdoor storage may be allowed as an ancillary use on the same parcel as the primary business with a Zoning Administrator Permit. All outdoor storage must be fully screened from view from any public rights-of-way and below fence height. All work areas, work bays shall be screened from public view.

L29 Agricultural Production may be allowed as an accessory or ancillary use to a primary use, as example, for research, testing or demonstration purposes with a Zoning Administrator Permit L 30 Transitional and supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone.

L31 provides that any person within the City of Woodland may cultivate cannabis inside of any residence or enclosed and secure secondary structure that meets certain requirements specified in the ordinance, consistent with state law that permits indoor cultivation of cannabis for medical and non-medical purposes
L32 Smoke shops, tobacco stores, hooka/smoking lounge shall not be located within 1000 feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.

L33 – Mixed uses are allowed, consistent with the manner in which the individual uses are otherwise allowed in the District. The review required will be dependent upon the most restricted use intended for the development.

L34 - Permitted with a license per Municipal Code Section 5.20.010 or with a Conditional Use Permit L35 – May not be located within 500 feet of a school, shall hold and maintain all applicable licenses and permits with the State Department of Justice, exterior areas shall be well lit and include video surveillance. Advertising and signage on clear windows and doors shall be placed so that law enforcement have personnel have a clear and unobstructed view of the interior.

L 36 – Non-residential uses may occupy up to 1/3 of the square footage of the building/buildings, as long as residential use occupies 2/3 of the building (s) square footage. Nonresidential uses that may be considered are those listed as P/A in the Comprehensive Use Table L 37 – A Crematorium shall provide adequate analysis to verify that the use meets all AQMD standards, meets the City’s Climate Action Plan goals and policies, and will not create harmful odor, particulate, or other environmental impacts to adjacent uses. No more than one crematorium facility shall be permitted.

L 38 – Subject to provisions contained in Section 17.110 and 5.28

8. Polices and Standards
March 18, 2003 Page 8-1
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8. Policies and Standards

8.3 ALLOWED LAND USES
Table 8-1 shows the land use matrix that will be used by the City in determining appropriate land uses within the Downtown. The matrix uses three symbols to indicate whether a use is allowed, conditionally allowed, or subject to a CUP process. If a land use is not listed on the matrix, the use is not permitted within the Downtown area. The Community Development Director will determine which category best fits a given use if questions arise.

To determine if a land use is allowed in a district, the following steps will be taken:

1. Find the closest land use type in the left hand column of the matrix (land uses are grouped by categories) and then find the appropriate district on the matrix (in what area is the site located, see Figure 3-3, “Downtown Districts” for locations). Where the row and column meet will be a cell that contains either a “,”a “,”a “Z,” a “C,” or a blank space.

2. If a “” appears in the cell, that land use type is an allowed use in that district. Development can proceed subject to the project meeting the other requirements specified in this Specific Plan and other applicable City requirements and permits.

3. If a “” appears, the land use is a conditionally allowed use. Uses with this designation have previously been required to go through a CUP process. To enhance the responsiveness of the City while still protecting the future of the Downtown, a set of performance standards has been developed, and is included in Section 8.5, “Performance Standards.” Projects in this category will be reviewed by the Zoning Administrator to determine if the project meets the appropriate performance standards, complies with the other requirements of this Specific Plan and applicable City regulations, and does not pose any design or operational features that would require warrant further public review. If acceptable, the project can proceed like an allowed use, with no CUP required. A CUP may be required if the performance standards cannot be met, the applicant does not concur with the requirements presented, or the Zoning Administrator determines that further review is required.

4. Some uses possess locational, use, structural, traffic, or operating characteristics requiring special consideration best handled through a Zoning Administrator Permit (ZAP) in order to be compatible with neighboring properties. These uses, noted with a “Z” must go through a Zoning Administrator Permit process which allows for public consultation and if needed a staff level public hearing.

8. Polices and Standards
March 18, 2003 Page 8-3

5.Some uses have unique or significant siting issues that are best handled through a CUP process. These uses, noted with a “C,” must go through a CUP process. Adult-oriented uses are subject to the CUP process and the requirements found in Section 25-21-75 of City of Woodland Zoning Ordinance.

6.If no symbol appears in a cell, the use is not allowed in that district. able 8-1. Land Use Matrix
Districts (per Figure 3-3)Land Use A B C D E
Office
Medical and dental clinics     
Medical laboratories    
Offices, small (less than 5,000 square feet)     
Offices, large (greater than 5,000 square feet)     Opticians     
Veterinary offices and clinics  
Residential
Boarding and rooming houses C C C
Residential – single family/duplex/split lot (3)    Residential – multiple family (3)    
Residential hotels C
Miscellaneous – General
Bus depot 
Parking facilities, off site     
Passenger terminals 
Mixed use developments (4) See note
Adult-Oriented Land Uses
(see Section 25-21-75 17.104.170 of City of Woodland Zoning Ordinance) Commercial Cannabis Uses (See Section 17.110 of the Woodland Zoning Ordinance) Store Front Retail (Dispensary) C
Retail Delivery (As Accessory to a Store Front Retail Facility) C Distribution (As Accessory to a Store Front Retail Facility) C (1) Facility or use where food is regularly served on a not-for-profit basis. All activities, including waiting areas, must be conducted indoors unless otherwise modified through the CUP process. Bathroom facilities of adequate size to serve the expected clientele shall be provided within the facility. (2) Facility or use that provides temporary housing for individuals on a not-for-profit basis. May include, but is not limited to, emergency housing on a short-term basis or temporary transitional basis until permanent

8. Policies and Standards

housing is available. Does not include temporary shelters for the relief of natural disasters or similar emergencies.
(3) In District E, residential uses allowed only in areas shown on Figure 7-1. (4) Mixed uses are allowed in any district. Development requirements will be based on the use proposed for a given space (e.g., residential requirements for residential areas, commercial requirements for commercial areas). For common areas or shared facilities, requirements will be based on the land use with the most restrictive requirements.

82093.00006\30306943.1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WOODLAND AMENDING CHAPTER 5.28 TO THE CITY OF

WOODLAND MUNICIPAL CODE RELATED TO REGULATORY AND

PERMITTING REQUIREMENTS FOR COMMERCIAL CANNABIS

BUSINESSES LOCATED IN THE CITY OF WOODLAND
WHEREAS¸ on June 27, 2017, the Governor signed SB 94 into law, a budget trailer bill effective immediately, to consolidate state licensing of medicinal and recreational “adult-use” commercial cannabis businesses into a single regulatory scheme, now titled the “Medicinal and Adult-Use Cannabis Regulation and Safety Act” (MAUCRSA); and WHEREAS, state law authorizes the City of Woodland to either prohibit or regulate commercial cannabis uses; and
WHEREAS¸ the City Council of the City of Woodland has determined that reasonable regulations regarding the establishment of commercial cannabis cultivation, manufacturing, testing, research, distribution, and retail delivery businesses in the City, as conditionally permitted in the City’s Zoning Code, will provide an appropriate balance between the City’s interests in fostering certain commercial, agricultural, and research-related activities while also protecting the public health, safety, and welfare of Woodland residents; and WHEREAS¸ on December 5, 2017, the City Council of the City of Woodland approved Ordinances 1629 and 1630 thereby adding Chapter 17.110 and Chapter 5.28 to establish zoning and business permit regulations regarding commercial cannabis manufacturing, testing, and distribution businesses in the City; and
WHEREAS, the City Council finds that the proposed amendments to Chapter 5.28 allow for issuance of CBPs to cannabis retailers, and include specific operational requirements that will apply to those retailers. The proposed amendments additionally add a cannabis work permit requirements that will provide for annual review of cannabis business employees and ensure that they remain in compliance with the City’s requirements regarding background checks and criminal history and additional security requirements for all cannabis businesses that reflect best practices.

WHEREAS, the City Council finds that this Ordinance will not result in any significant changes to the character or use of properties in the City and is not a project with the potential for causing a significant effect on the environment requiring California Environmental Quality Act (CEQA) analysis, and is categorically exempt from CEQA; and NOW, THEREFORE, the City Council of the City of Woodland does hereby ordain as follows:

Section 1.Amendment. Chapter 5.28 of the Woodland Municipal Code is hereby amended to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

82093.00006\30306943.1
Section 2.Severability. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.

Section 3. CEQA. The City Council hereby finds that this Ordinance merely establishes a permitting process and reasonable regulations on commercial cannabis businesses, to the extent such businesses are authorized to operate in the City pursuant to state and local law, and does not independently authorize any particular cannabis business or use to establish or operate in the City.

Accordingly, it can be seen with certainty that there is no possibility this Ordinance will have a significant effect on the environment. This Ordinance is therefore not a project subject to California Environmental Quality Act (CEQA) review pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.

Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayra Vega, Mayor
ATTEST:
______________________________
Ana B. Gonzalez, City Clerk
APPROVED AS TO FORM:
______________________________
Ethan Walsh, City Attorney
Exhibit A: Chapter 5.28 with amendments

8/17/2021 Chapter 5.28 COMMERCIAL CANNABIS BUSINESS PERMITS Woodland Municipal Code
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Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.28 COMMERCIAL CANNABIS BUSINESS PERMITS
Article 1. General Provisions

5.28.010 Purpose and intent.

It is the purpose and intent of the City Council to regulate cannabis businesses consistent with State law and to protect the health, safety, and welfare of the residents of the City. The regulations in this chapter do not interfere with a qualified patient’s right to obtain and use cannabis as authorized under State law, nor do they criminalize the possession or cultivation of cannabis by certain individuals as authorized under State law. Cannabis businesses shall comply with all provisions of the Woodland Municipal Code, State law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on cannabis businesses. It is neither the intent of this chapter to condone or legitimize the illegal use or consumption of cannabis under Federal, State, or local law, nor to authorize the operation of a legal business in an illegal manner. (Prior code § 13A-1-01)

5.28.020 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings, unless otherwise specified:
“Cannabis” means all or any parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis, and cannabis as defined by Section 11018 of the California Health and Safety Code, as it may be amended. For purposes of this article, “cannabis” means and includes both cannabis for medical purposes and non-medical, “adult-use” purposes, unless otherwise specified, but does not include industrial hemp. “Cannabis business” means a business activity, including, but not limited to, planting, cultivation, harvesting, transporting, manufacturing, compounding, converting, processing, preparing, storing, packaging, distributing, researching, testing, providing, or selling wholesale and/or retail sales of cannabis. A cannabis business includes any facility, building structure, or location, expressly including dispensaries and deliveries, and shall expressly include those commercial cannabis activities authorized and/or licensed by State law. “Cannabis business permit” means any permit issued to a cannabis business pursuant to the provisions of this chapter.
“Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis licensed by the State and permitted by Chapter 17.110 of this code. For purposes of this chapter, cannabis cultivation does not mean or include personal cultivation of cannabis regulated by Chapter

17.108 of this code.
“Cannabis distribution facility” means any facility engaged in the procurement, temporary storage, non-retail sales, and transport of cannabis or cannabis products between State-licensed cannabis businesses, including warehouses and similar structures, as permitted by Chapter 17.110 of this code. “Cannabis laboratories and research” means a laboratory, facility, or entity that offers or performs tests or testing of cannabis or cannabis products, as permitted by Chapter 17.110 of this code, including accredited testing laboratories licensed by the State and involved in commercial cannabis activity in the State, and start-up or incubator research activities, which typically include, but are not limited to, research, design, analysis, development, and/or testing of a cannabis product, and laboratories or facilities engaged in scientific research studies, investigation, testing, or experimentation, but not including cannabis manufacturing or sales of cannabis. “City Manager” means the City Manager and designee.
“Cannabis manufacturing” means the compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product, as permitted by Chapter 17.110 of this code, expressly including the production, qcode.us/codes/woodland/ 1/13

8/17/2021 Chapter 5.28 COMMERCIAL CANNABIS BUSINESS PERMITS preparation, propagation, processing, or compounding of cannabis or cannabis products directly or indirectly, including through extraction and/or chemical synthesis methods. “Cannabis retailer” means a premises permanently located in the City licensed by the State of California pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code Section 26000 et seq., as may be amended, where cannabis is provided for retail sale to consumers, including an establishment that delivers cannabis as part of a retail sale, as permitted by Chapter 17.110 of this code. “Community Development Director” means the Community Development Director of the City or their and designee.
“Conditional use permit” means any conditional use permit issued by the City pursuant to Chapter 17.132 of this code related to the operation of a commercial cannabis business. “Interested parties” means any of the following:

1. Any individual that has an aggregate ownership interest, other than a security interest, lien, or encumbrance, of 20% or more in the commercial cannabis business;

2. Partners, officers, directors, and stockholders of every corporation, limited liability company, or general or limited partnership that owns at least 20% of the cannabis business, or that is one of the partners in the cannabis business;

3. The manager(s) of the cannabis business; and

4. The staff of the cannabis business.
“Juvenile” means any natural person who is under the age of 21 years. “Manager” means a person with responsibility for the establishment, registration, supervision, or oversight of the operation of a cannabis business, including, but not limited to, a person who performs the functions of a board member, director, officer, owner, operating officer, or manager of the cannabis business. “Medical cannabis” means cannabis used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code Section 11362.5 et seq.) and the Medical Cannabis Program Act (California Health and Safety Code Section 11362.7 et seq.), as they may be amended from time to time. “Physician” means a licensed medical doctor as defined in California Business and Professions Code Section 4039. “Police Chief” shall mean the City of Woodland Chief of Police and designee. “Primary caregiver” shall have the same definition as set forth in California Health and Safety Code Section 11362.7, as may be amended.
“Private medical records” means records related to the medical history of a qualified patient and includes the recommendation of a physician for the medical use of medical cannabis and the designation of a primary caregiver by a qualified patient.
“Qualified patient” shall have the same definition as set forth in California Health and Safety Code Section 11362.7, as may be amended.
“Staff” means a person other than a manager who works or provides services on the site of a cannabis business, whether as an employee, contractor, or volunteer. (Prior code § 13A-1-02)

5.28.030 All State and local licenses required.

A. No cannabis business shall operate unless it is in possession of all applicable State and local licenses or permits.

B. If any applicable State or local license or permit required for a cannabis business’s operation is denied, suspended, modified, revoked, or expired, the cannabis business shall notify the Community Development Director in writing within 10 days. (Prior code § 13A-1-03)

5.28.040 Payment of taxes.

In addition to any fees established and imposed pursuant to this chapter, all cannabis businesses are required to pay all applicable taxes, including any applicable business license tax imposed by the Woodland Municipal Code. (Prior code § 13A-1-04)
qcode.us/codes/woodland/ 2/13

8/17/2021 Chapter 5.28 COMMERCIAL CANNABIS BUSINESS PERMITS

5.28.050 Cannabis transfer between permitted businesses only.

A cannabis business shall not transfer cannabis or cannabis products to or from another cannabis business, unless both businesses are in possession of all required State and local licenses and permits. (Prior code § 13A-1-05)

5.28.060 Permits not transferable.

Cannabis business permits issued pursuant to this chapter are not property and have no value. Cannabis business permits may not be transferred, sold, assigned or bequeathed expressly or by operation by law. Any attempt to directly or indirectly transfer a cannabis business permit is unlawful and void, and shall automatically revoke the permit. (Prior code § 13A-1-06)

5.28.070 Service of notices.

All notices required by this chapter shall be deemed issued and served upon the date they are either deposited in the United States mail, postage pre-paid, addressed to the applicant or cannabis business at the mailing address identified in its application, the last updated address on file with the Community Development Director, or the mailing address on the appeal form; or the date upon which personal service of the notice is provided to the applicant or a manager identified on the application or appeal form. (Prior code § 13A-1-07)

5.28.080 Inspection authority.

A. The Police Chief may enter and inspect the site of a cannabis business at any reasonable time to ensure compliance and enforcement of the provisions of this chapter.

B. No person shall refuse, impede, obstruct, or interfere with a lawful inspection performed pursuant to this chapter. (Prior code § 13A-1-08)
C. The Police Chief or Community Development Director or their respective designees may inspect and demand copies of records maintained by the cannabis business, except for private medical records, which shall be made available to law enforcement agencies only pursuant to a properly executed search warrant, subpoena, or court order.

5.28.090 Violations.

A. Any person who violates the provisions of this chapter shall be subject to a fine of up to $1,000.00 for each day the violation continues.

B. Violations of this chapter are hereby declared to be public nuisances. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to civil action and administrative penalties pursuant to Chapter 9.20 of this code.

C. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other available remedy for the purpose of enforcing the provisions hereof. (Prior code § 13A-1-09)

5.28.100 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, that decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. (Prior code § 13A-1-10)

Article 2. Notice and Appeal Process for Cannabis Business Permits 5.28.110 Appeals.
qcode.us/codes/woodland/ 3/13

8/17/2021 Chapter 5.28 COMMERCIAL CANNABIS BUSINESS PERMITS A. Any applicant or permittee aggrieved by a decision of the Community Development Director in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the City Manager in accordance with the procedures set forth in this article.

B. Any applicant or permittee who desires to appeal a decision of the Community Development Director, may appeal the decision by submitting a written appeal to the City Manager within 10 calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:

1. A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;

2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and

4. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

C. Upon receipt of a timely filed appeal, the City Manager may hire or appoint a hearing officer or may serve as the hearing officer.

D. Upon receipt of any appeal filed pursuant to this section, the hearing officer shall calendar it for hearing within 3015 calendar days.

E. Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each named appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal.

F. Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.

G. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

H. In the case of a suspension, modification, or revocation of a permit or permit renewal, the permittee may continue to conduct the cannabis business during the pendency of any appeal. (Prior code § 13A-2-01) I. The provisions of the Administrative Procedure Act (commencing with Section 11500 of the Government Code of the State) shall not be applicable to such a hearing, nor shall formal rules of evidence in civil or criminal justice proceedings be so applicable.

J. The City Council shall by resolution from time to time establish a fee for the filing of appeals.

Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals.

The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.

5.28.120 Hearings—Generally.

A. At the time set for hearing, the hearing officer shall proceed to hear the testimony of the Community Development Director, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.

B. The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party’s own expense.

C. The hearing officer may, upon request of the appellant or upon request of the City, grant continuances from time to time for good cause shown, or upon his or her own motion.

D. In any proceedings under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts. (Prior code § 13A-2-02)

5.28.130 Conduct of hearing.

A. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

B. Oral evidence shall be taken only upon oath or affirmation.

C. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. qcode.us/codes/woodland/ 4/13

8/17/2021 Chapter 5.28 COMMERCIAL CANNABIS BUSINESS PERMITS D. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

E. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.

F. Each party shall have these rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence presented against the party; and

6. To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.

G. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this State or that may appear in any of the official records of the City or any of its departments. (Prior code § 13A-2-03)

5.28.140 Form, contents, finality of decision.

A. If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing officer shall affirm the Community Development Director’s decision to deny, suspend, modify, revoke or condition the permit.

B. Following the hearing and after reviewing the testimony and evidence presented at the hearing, the City Manager shall issue a decision, or if the City Manager appointed a hearing officer, the hearing officer shall issue a recommendation to the City Manager, regarding the propriety of the Community Development Director’s determination. The decision or recommendation shall be in writing and shall contain findings of fact and a determination of the issues presented. The City Manager shall accept, amend and accept, or reject a hearing officer’s recommendation.

C. The City Manager’s determination of the appeal shall be final.

D. The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within 10 business days following the conclusion of the hearing.

E. The decision shall be final when signed by the City Manager and served as provided in this section. (Prior code § 13A-2-04)
Article 3. Issuance of Cannabis Business Permits

5.28.150 Applicability and scope.

This chapter applies to every cannabis business permitted by Chapter 17.110 of this code. (Prior code § 13A-3-01)

5.28.160 Cannabis business permit required.

No person shall operate a cannabis business without obtaining a valid cannabis business permit issued pursuant to this article, except that an outside cannabis delivery service, as defined in Section 5.28.360, shall instead be required to obtain an outside cannabis delivery permit pursuant to Article 5 of this chapter. (Prior code § 13A- 3-02)

5.28.170 Cannabis business permit program fee.

qcode.us/codes/woodland/ 5/13

8/17/2021 Chapter 5.28 COMMERCIAL CANNABIS BUSINESS PERMITS The cannabis business permit program fee is hereby established and imposed. The City Council shall establish by resolution the amount of the cannabis business permit program fee applicable to each respective cannabis business permitted by this chapter, and any related penalties. (Prior code § 13A-3-03)

5.28.180 Applications for cannabis business permit.

A. A person may apply for a cannabis business permit, or a permit renewal, by filing an application with the Community Development Director. The application shall be on a form approved by the Community Development Director and may require any information or documentation consistent with the provisions of this code and State law, including the following:

1. Applicant.
a. A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, statement of information, articles of association, and fictitious business name statement. b. The phone number and address to which notice of action on the application and correspondence is to be mailed.

2. Interested Parties.
a. The name, address, telephone number, title, and function of each of the interested parties in the cannabis business.
b. For each of the interested parties identified pursuant to subsection (A)(2)(a):
i. A legible copy of one valid government-issued form of photo identification, such as a State driver’s license, a passport issued by the United States, or a permanent resident card. ii. A list of his or her misdemeanor and felony convictions, if any. For each conviction, the list must set forth the date of arrest, the offense charged, the offense convicted, the jurisdiction of the court, and whether the conviction was by verdict, plea of guilty, or plea of nolo contendere. iii. Consent to fingerprinting and a criminal background investigation. c. A description of the previous experience of the applicant and interested parties that will be directing, controlling and/or managing State regulated cannabis businesses or experience in a similarly State regulated activity.
d. A description of cannabis businesses or similarly State regulated activities owned and/or operated by applicant, and the role of the interested parties in those businesses. e. A description of any profession certifications or formal training of the interested parties to be involved in the day-to-day operations and/or oversight of the proposed cannabis business.

3. Cannabis Business Site.
a. Description. A general description of the proposed cannabis business site, including the street address, parcel number, total square footage of the site, and the characteristics of the surrounding area. b. Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and cultivation, manufacturing, laboratory and research, distribution and retail storage areas, as applicable. The floor plan must be professionally prepared by a licensed civil engineer or architect.
c. Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries. The site plan must be professionally prepared by a licensed civil engineer or architect.
d. Compliance with Title 17, the Zoning Ordinance. A copy of a valid conditional use permit approved by the City for the proposed location, as may be applicable. e. Statement of Owner’s Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis business, specifying the street address and parcel number.

4. Security.
a. Security Plan. A detailed security plan outlining the measures that will be taken to ensure the safety of persons and property on the business site. The security plan must be prepared by a qualified