Assessor's Parcel
Number Situs Address Assessed
Land Value
Assessed
Structure Value
Total Assessed
Value Charge
065-270-029-000 1221 ASHLEY AVE $79,631.00 $290,097.00 $369,728.00 $7 9.10 065-270-030-000 1231 ASHLEY AVE 42,474.00 141,061.00 183,535.00 79.10 065-270-031-000 786 IVIE PL 35,674.00 107,067.00 142,741.00 79.10 065-270-032-000 782 IVIE PL 82,767.00 277,927.00 360,694.00 79.10 065-270-033-000 778 IVIE PL 167,245.00 301,049.00 468,294.00 79.10 065-270-034-000 774 IVIE PL 100,000.00 455,000.00 555,000.00 79.10 065-270-035-000 770 IVIE PL 109,363.00 425,427.00 534,790.00 79.10 065-270-036-000 773 IVIE PL 167,245.00 269,340.00 436,585.00 79.10 065-270-037-000 779 IVIE PL 125,000.00 450,000.00 575,000.00 79.10 065-270-038-000 1245 ASHLEY AVE 105,117.00 341,633.00 446,750.00 79.1 0 065-270-039-000 787 IVIE PL 94,606.00 398,396.00 493,002.00 79.10 065-270-043-000 1301 ASHLEY AVE 147,507.00 303,715.00 451,222.00 79.1 0 065-270-044-000 774 FORDHAM PL 96,497.00 359,506.00 456,003.00 79.10 065-270-045-000 764 FORDHAM PL 179,694.00 395,490.00 575,184.00 79.10 065-270-047-000 771 FORDHAM PL 133,292.00 338,515.00 471,807.00 79.10 065-270-048-000 781 FORDHAM PL 81,225.00 382,928.00 464,153.00 79.10 065-310-002-000 849 NOTRE DAME DR 85,331.00 186,196.00 271,527.00 79. 10 065-310-003-000 857 NOTRE DAME DR 107,219.00 385,991.00 493,210.00 79 .10 065-310-004-000 865 NOTRE DAME DR 107,219.00 332,382.00 439,601.00 79 .10 065-310-005-000 873 NOTRE DAME DR 60,498.00 146,894.00 207,392.00 79. 10 065-310-006-000 881 NOTRE DAME DR 92,751.00 458,602.00 551,353.00 79. 10 065-310-007-000 1231 COLUMBIA DR 96,063.00 188,941.00 285,004.00 79.1 0 065-310-011-000 915 NOTRE DAME DR 91,446.00 177,010.00 268,456.00 79. 10 065-310-012-000 923 NOTRE DAME DR 72,484.00 183,894.00 256,378.00 79. 10 065-310-013-000 927 NOTRE DAME DR 116,036.00 261,086.00 377,122.00 79 .10 065-310-014-000 944 PURDUE DR 107,067.00 243,883.00 350,950.00 79.10 065-310-015-000 940 PURDUE DR 107,219.00 353,826.00 461,045.00 79.10 065-310-018-000 910 NOTRE DAME DR 95,875.00 172,284.00 268,159.00 79. 10 065-310-019-000 904 NOTRE DAME DR 100,000.00 360,000.00 460,000.00 79 .10 065-310-020-000 900 NOTRE DAME DR 71,013.00 248,665.00 319,678.00 79. 10 065-310-021-000 888 NOTRE DAME DR 95,875.00 165,944.00 261,819.00 79. 10 065-310-022-000 880 NOTRE DAME DR 92,751.00 424,078.00 516,829.00 79. 10 065-310-023-000 872 NOTRE DAME DR 122,133.00 241,492.00 363,625.00 79 .10 065-310-024-000 845 PURDUE DR 136,705.00 295,283.00 431,988.00 79.10 065-310-025-000 844 PURDUE DR 19,173.00 122,697.00 141,870.00 79.10 065-310-026-000 840 NOTRE DAME DR 119,246.00 285,008.00 404,254.00 79 .10 065-310-031-000 901 NOTRE DAME DR 80,000.00 310,000.00 390,000.00 79. 10 065-310-032-000 905 NOTRE DAME DR 71,085.00 216,835.00 287,920.00 79. 10 065-310-033-000 909 NOTRE DAME DR 47,727.00 111,389.00 159,116.00 79. 10 065-310-035-000 841 NOTRE DAME DR 98,427.00 356,527.00 454,954.00 79. 10 065-310-036-000 936 PURDUE DR 103,056.00 371,004.00 474,060.00 79.10 065-310-037-000 932 PURDUE DR 91,638.00 232,373.00 324,011.00 79.10 065-310-038-000 928 PURDUE DR 126,295.00 434,454.00 560,749.00 79.10 065-310-039-000 924 PURDUE DR 79,559.00 181,690.00 261,249.00 79.10 065-310-040-000 918 PURDUE DR 85,000.00 510,000.00 595,000.00 79.10 065-310-041-000 912 PURDUE DR 4,100.00 65,239.00 69,339.00 79.10 065-310-042-000 902 PURDUE DR 242,691.00 297,299.00 539,990.00 79.10 065-310-043-000 890 PURDUE DR 91,136.00 407,436.00 498,572.00 79.10 065-310-044-000 882 PURDUE DR 105,117.00 367,912.00 473,029.00 79.10 065-310-045-000 874 PURDUE DR 105,117.00 413,112.00 518,229.00 79.10 065-310-046-000 870 PURDUE DR 147,175.00 408,441.00 555,616.00 79.10 065-310-047-000 862 PURDUE DR 117,739.00 251,192.00 368,931.00 79.10 065-310-048-000 858 PURDUE DR 113,248.00 283,124.00 396,372.00 79.10 065-310-049-000 854 PURDUE DR 120,112.00 216,202.00 336,314.00 79.10 065-310-050-000 861 PURDUE DR 57,012.00 159,080.00 216,092.00 79.10 065-310-051-000 869 PURDUE DR 90,000.00 300,000.00 390,000.00 79.10 065-310-052-000 873 PURDUE DR 90,267.00 194,091.00 284,358.00 79.10 065-310-053-000 879 PURDUE DR 107,219.00 321,660.00 428,879.00 79.10 065-310-054-000 887 PURDUE DR 103,056.00 417,379.00 520,435.00 79.10 065-310-055-000 901 PURDUE DR 113,248.00 294,449.00 407,697.00 79.10 065-310-056-000 907 PURDUE DR 72,484.00 203,347.00 275,831.00 79.10 065-310-057-000 913 PURDUE DR 100,000.00 410,000.00 510,000.00 79.10 065-310-059-000 923 PURDUE DR 68,255.00 187,708.00 255,963.00 79.10 065-310-061-000 829 RIDGEVIEW DR 134,025.00 262,152.00 396,177.00 79. 10 City of Woodland
Streng Pond Landscaping Maintenance District
Fiscal Year 2022/2023
Preliminary Assessment Roll
Streng Pond MD FY 2022-2023 Preliminary Assessment Roll Page 1 of 3
Assessor's Parcel
Number Situs Address Assessed
Land Value
Assessed
Structure Value
Total Assessed
Value Charge
City of Woodland
Streng Pond Landscaping Maintenance District
Fiscal Year 2022/2023
Preliminary Assessment Roll
065-310-062-000 4 RIDGEVIEW PL 79,559.00 278,267.00 357,826.00 79.10 065-310-063-000 3 RIDGEVIEW PL 86,454.00 254,940.00 341,394.00 79.10 065-310-064-000 2 RIDGEVIEW PL 153,464.00 288,523.00 441,987.00 79.10 065-310-065-000 811 RIDGEVIEW DR 147,948.00 289,981.00 437,929.00 79. 10 065-310-066-000 805 RIDGEVIEW DR 87,490.00 344,497.00 431,987.00 79.1 0 065-310-067-000 801 RIDGEVIEW DR 58,015.00 203,066.00 261,081.00 79.1 0 065-310-068-000 1206 ASHLEY AVE 77,999.00 192,849.00 270,848.00 79.10 065-310-069-000 1210 ASHLEY AVE 104,397.00 286,763.00 391,160.00 79.1 0 065-310-071-000 830 NOTRE DAME DR 41,463.00 216,608.00 258,071.00 79. 10 065-310-072-000 820 NOTRE DAME DR 15,378.00 70,408.00 85,786.00 79.10 065-310-073-000 814 NOTRE DAME DR 85,775.00 321,660.00 407,435.00 79. 10 065-310-074-000 808 NOTRE DAME DR 107,219.00 340,003.00 447,222.00 79 .10 065-310-075-000 802 NOTRE DAME DR 101,923.00 227,630.00 329,553.00 79 .10 065-310-076-000 801 NOTRE DAME DR 138,788.00 238,715.00 377,503.00 79 .10 065-310-077-000 807 NOTRE DAME DR 153,867.00 314,431.00 468,298.00 79 .10 065-310-078-000 813 NOTRE DAME DR 107,219.00 366,155.00 473,374.00 79 .10 065-310-079-000 819 NOTRE DAME DR 111,030.00 260,923.00 371,953.00 79 .10 065-310-080-000 829 NOTRE DAME DR 100,000.00 450,000.00 550,000.00 79 .10 065-310-081-000 916-922 NOTRE DAME DR 106,523.00 170,434.00 276,957. 00 158.20 065-321-001-000 1324 COLUMBIA DR 597,924.00 1,611,609.00 2,209,533.0 0 1,305.14 065-321-023-000 901 TUFTS PL 82,445.00 293,711.00 376,156.00 79.10 065-321-024-000 905 TUFTS PL 95,527.00 150,118.00 245,645.00 79.10 065-321-025-000 909 TUFTS PL 113,284.00 169,928.00 283,212.00 79.10 065-321-026-000 913 TUFTS PL 76,723.00 131,977.00 208,700.00 79.10 065-321-027-000 917 TUFTS PL 80,828.00 368,781.00 449,609.00 79.10 065-321-028-000 921 TUFTS PL 97,903.00 334,934.00 432,837.00 79.10 065-321-029-000 925 TUFTS PL 136,705.00 191,277.00 327,982.00 79.10 065-321-030-000 929 TUFTS PL 167,468.00 188,480.00 355,948.00 79.10 065-321-031-000 933 TUFTS PL 101,923.00 175,534.00 277,457.00 79.10 065-321-032-000 932 TUFTS PL 91,009.00 182,021.00 273,030.00 79.10 065-321-033-000 928 TUFTS PL 43,269.00 124,080.00 167,349.00 79.10 065-321-034-000 924 TUFTS PL 133,973.00 293,711.00 427,684.00 79.10 065-321-035-000 920 TUFTS PL 52,646.00 118,662.00 171,308.00 79.10 065-321-036-000 914 TUFTS PL 81,124.00 138,653.00 219,777.00 79.10 065-321-037-000 910 TUFTS PL 95,000.00 270,000.00 365,000.00 79.10 065-321-038-000 906 TUFTS PL 81,123.00 140,054.00 221,177.00 79.10 065-321-039-000 900 TUFTS PL 85,880.00 337,460.00 423,340.00 79.10 065-322-013-000 1301 COLUMBIA DR 109,363.00 317,157.00 426,520.00 79. 10 065-322-014-000 875 TUFTS CT 106,483.00 241,381.00 347,864.00 79.10 065-322-015-000 871 TUFTS CT 105,117.00 476,177.00 581,294.00 79.10 065-322-016-000 867 TUFTS CT 107,219.00 343,104.00 450,323.00 79.10 065-322-017-000 863 TUFTS CT 106,180.00 232,064.00 338,244.00 79.10 065-322-021-000 864 TUFTS CT 118,321.00 180,963.00 299,284.00 79.10 065-322-022-000 868 TUFTS CT 103,056.00 417,379.00 520,435.00 79.10 065-322-023-000 872 TUFTS CT 101,858.00 343,104.00 444,962.00 79.10 065-322-024-000 876 TUFTS CT 108,302.00 214,943.00 323,245.00 79.10 065-322-025-000 880 TUFTS CT 184,642.00 238,007.00 422,649.00 79.10 065-322-027-000 840 FORDHAM DR 53,036.00 129,971.00 183,007.00 79.10 065-322-028-000 844 FORDHAM DR 95,398.00 187,221.00 282,619.00 79.10 065-322-029-000 850 FORDHAM DR 80,828.00 363,729.00 444,557.00 79.10 065-322-030-000 856 FORDHAM DR 96,168.00 136,911.00 233,079.00 79.10 065-322-031-000 860 FORDHAM DR 136,705.00 201,229.00 337,934.00 79.10 065-322-032-000 864 FORDHAM DR 80,828.00 385,957.00 466,785.00 79.10 065-322-033-000 868 FORDHAM DR 73,944.00 170,643.00 244,587.00 79.10 065-322-034-000 874 FORDHAM DR 82,744.00 130,143.00 212,887.00 79.10 065-322-035-000 878 FORDHAM DR 53,036.00 122,885.00 175,921.00 79.10 065-322-036-000 859 TUFTS CT 70,683.00 193,846.00 264,529.00 79.10 065-322-038-000 856 TUFTS CT 107,219.00 316,299.00 423,518.00 79.10 065-322-040-000 860 TUFTS CT 75,737.00 320,781.00 396,518.00 79.10 065-322-045-000 830 COLBY CT 87,490.00 263,567.00 351,057.00 79.10 065-322-046-000 826 COLBY CT 60,106.00 150,881.00 210,987.00 79.10 065-310-058-000 919 PURDUE DR 65,095.00 142,029.00 207,124.00 79.10 065-322-047-000 822 COLBY CT 105,000.00 362,000.00 467,000.00 79.10 065-322-048-000 818 COLBY CT 95,000.00 300,000.00 395,000.00 79.10 Streng Pond MD FY 2022-2023 Preliminary Assessment Roll Page 2 of 3
Assessor's Parcel
Number Situs Address Assessed
Land Value
Assessed
Structure Value
Total Assessed
Value Charge
City of Woodland
Streng Pond Landscaping Maintenance District
Fiscal Year 2022/2023
Preliminary Assessment Roll
065-322-049-000 814 COLBY CT 60,106.00 157,404.00 217,510.00 79.10 065-322-050-000 810 COLBY CT 71,632.00 228,260.00 299,892.00 79.10 065-322-051-000 806 COLBY CT 80,000.00 295,000.00 375,000.00 79.10 065-322-052-000 802 COLBY CT 80,000.00 295,000.00 375,000.00 79.10 065-322-053-000 801 COLBY CT 83,471.00 137,135.00 220,606.00 79.10 065-322-054-000 805 COLBY CT 83,517.00 139,200.00 222,717.00 79.10 065-322-055-000 809 COLBY CT 57,193.00 133,301.00 190,494.00 79.10 065-322-056-000 813 COLBY CT 60,664.00 152,377.00 213,041.00 79.10 065-322-057-000 817 COLBY CT 58,928.00 146,824.00 205,752.00 79.10 065-322-058-000 821 COLBY CT 87,598.00 427,685.00 515,283.00 79.10 065-322-059-000 825 COLBY CT 131,170.00 274,274.00 405,444.00 79.10 065-322-060-000 829 COLBY CT 118,356.00 213,047.00 331,403.00 79.10 065-322-061-000 832 FORDHAM DR 85,880.00 327,356.00 413,236.00 79.10 065-322-062-000 826 FORDHAM DR 101,858.00 287,884.00 389,742.00 79.10 065-322-063-000 822 FORDHAM DR 73,076.00 190,348.00 263,424.00 79.10 065-322-064-000 818 FORDHAM DR 84,395.00 135,045.00 219,440.00 79.10 065-322-065-000 814 FORDHAM DR 104,397.00 229,688.00 334,085.00 79.10 065-322-066-000 810 FORDHAM DR 84,395.00 170,345.00 254,740.00 79.10 065-322-067-000 806 FORDHAM DR 101,858.00 225,161.00 327,019.00 79.10 065-322-068-000 802 FORDHAM DR 101,858.00 219,800.00 321,658.00 79.10 065-323-016-000 875 FORDHAM DR 77,719.00 205,676.00 283,395.00 79.10 065-323-017-000 871 FORDHAM DR 95,000.00 270,000.00 365,000.00 79.10 065-323-018-000 867 FORDHAM DR 67,733.00 152,859.00 220,592.00 79.10 065-323-019-000 863 FORDHAM DR 80,828.00 303,108.00 383,936.00 79.10 065-323-020-000 859 FORDHAM DR 127,102.00 234,147.00 361,249.00 79.10 065-323-021-000 855 FORDHAM DR 95,000.00 270,000.00 365,000.00 79.10 065-323-022-000 851 FORDHAM DR 73,747.00 147,507.00 221,254.00 79.10 065-323-023-000 847 FORDHAM DR 92,114.00 168,543.00 260,657.00 79.10 065-323-024-000 843 FORDHAM DR 91,629.00 156,613.00 248,242.00 79.10 065-323-027-000 837 FORDHAM DR 76,553.00 257,005.00 333,558.00 79.10 065-323-028-000 833 FORDHAM DR 73,076.00 198,847.00 271,923.00 79.10 065-323-029-000 827 FORDHAM DR 80,000.00 374,000.00 454,000.00 79.10 065-323-030-000 821 FORDHAM DR 95,000.00 300,000.00 395,000.00 79.10 065-323-031-000 817 FORDHAM DR 109,174.00 199,631.00 308,805.00 79.10 065-323-032-000 811 FORDHAM DR 95,000.00 300,000.00 395,000.00 79.10 065-323-033-000 805 FORDHAM DR 92,751.00 206,113.00 298,864.00 79.10 065-323-034-000 801 FORDHAM DR 80,000.00 220,000.00 300,000.00 79.10 065-323-015-000 879 FORDHAM DR 106,523.00 142,029.00 248,552.00 79.10 Total Charge: $14,435.74
Total Parcels: 166
Streng Pond MD FY 2022-2023 Preliminary Assessment Roll Page 3 of 3
City of Woodland
West Wood Unit No. 1
Landscaping and Lighting District
ENGINEER’S ANNUAL LEVY REPORT
FISCAL YEAR 2022/2023
Intent Meeting: June 7, 2022
Public Hearing: June 21, 2022
27368 Via Industria
Suite 200
Temecula, California 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ENGINEER'S REPORT AFFIDAVIT
West Wood Unit No. 1 Landscaping and Lighting District
City of Woodland
Yolo County, State of California
This Report describes the District and services therein includi ng the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2022/2023, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Yolo County Assessor’s maps for a detailed description of the l ines and dimensions of parcels within the District. The undersigned respectfully submi ts the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2022.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Woodland
By: ________________________________
Chonney Gano
Project Manager, District Administration Services
By: ________________________________
Tyrone Peter
P. E. # C 81888
TABLE OF CONTENTS
II. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 1
II. DESCRIPTION OF THE DISTRICT 2
A. BOUNDARIES OF THE DISTRICT 2
B. DESCRIPTION OF THE DISTRICT IMPROVEMENTS AND SERVICES 2 C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 3
III. METHOD OF APPORTIONMENT 5
A. GENERAL 5
B. BENEFIT ANALYSIS 5
C. ASSESSMENT METHODOLOGY 7
D. ASSESSMENT RANGE FORMULA 9
IV. DISTRICT BUDGET 1 1
A. DESCRIPTION OF BUDGET ITEMS 1 1
B. DISTRICT BUDGET FISCAL YEAR 2022/2023 1 5
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM 1 6
APPENDIX B - 2022/2023 ASSESSMENT ROLL 1 6
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 1
II. OVERVIEW
A. INTRODUCTION
The City of Woodland (“City”) annually levies and collects special assessments in order to maintain the improvements within the West Wood Unit No. 1 Landscaping and Lighting District (“District”). The District was formed in 2004 and annual assessments are levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”).
This Engineer’s Annual Levy Report (“Report”) describes the Dis trict, any annexations, or changes to the District including substantial changes to the District improvements, and the proposed assessments for fiscal year 2022 /2023. The proposed assessments are based on the estimated cost to maintai n the improvements that provide special benefits to properties within the District. The costs of improvements and the annual levy include the expenditu res, deficits, surpluses, revenues, and reserves. Each parcel is assessed prop ortionately for only those improvements provided and for which the parcel receives benefit based on an established method of apportionment.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the County of Yolo (the”County”) Assessor’s Office. The County Auditor/Controller uses Assessment Numbers and specific Fund Numbers, to identify on the tax roll, properties assessed for special district benefit assessments.
Following consideration of public comments and written protests at a noticed public hearing, and review of Report, the City Council may order amend ments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the City Council may order the levy and collection of assessments for fi scal year 2022/2023 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll for e ach benefiting parcel for fiscal year 2022/2023.
B. COMPLIANCE WITH CURRENT LEGISLATION
Pursuant to the 1972 Act, the City Council annually conducts a public hearing to accept property owner and public comments and testimony, to review the Report and approve the annual assessments to be levied on the County t ax roll for the fiscal year. The assessments contained in this Report and to be approved by the City Council have been prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitutional Article XIIID (“Article XIID”) (Proposition 218).
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 2 I n c o n j u n c t i o n w i t h t h e f o r m a t i o n o f t h e D i s t r i c t , t h e C i t y C o uncil initiated and conducted property owner protest ballot proceedings for the District assessments in compliance with the substantive and procedural requirements of Article XIIID. At the conclusion of the Public Hearing on October 5, 2004 the property owner ballots returned were tabulated to determine if majority protest existe d. The tabulation of the ballots indicated that majority protest did not exist and t he property owners approved the special benefit assessment for maintaining the improvements within the District and assessment range formula connected therewith. The Assessment Range Formula is described in more detail within Section III (D) of this Report. Any increase to the assessment greater than the maximum assessment rate approved will require the City Council to once again conduct property ow ner protest ballot proceedings for the increase. The proposed assessment rate for fiscal year 2022/2023 is within the previously authorized maximum assessment rate adjusted annually by the Consumer Price Index (“CPI”) (February to February) for All Urban Consumers, for the San Francisco-Oakland-San Hayward California factor and a property owner ballot proceeding is not required for the levy o f the proposed assessments.
III. DESCRIPTION OF THE DISTRICT
A. BOUNDARIES OF THE DISTRICT
The District is located within the boundaries of the City of Wo odland, generally bounded to the north by Quail Drive, to the south by W. Kentuck y Avenue, to the west by Dove Drive and to the east by Mallard Drive.
The District consists of the lots, parcels and tracts of land l ocated in Subdivision No. 4594 known as West Wood Unit, No. 1. The assessed parcels w ithin the District consist of only single-family residential land use parcels.
B. DESCRIPTION OF THE DISTRICT IMPROVEMENTS AND SERVICES
The District provides and ensure the ongoing maintenance, opera tion and servicing of landscaping and other related improvements or appurtenant facilities, including irrigation systems, graffiti removal, park equipment, fencing, drainage devices, as well as street lighting and related improvements.
The improvements may include, but are not limited to, the remov al, repair, replacement and appurtenances, electrical energy, supplies, eng ineering and incidental costs relating to the maintenance and operation of t he parkways, medians, slopes, park, drainage basins, and tract entry landsca ping, as well as street lighting improvements benefiting the District’s parcels.
The improvements and maintenance are funded entirely or partial ly through the District assessments generally include the following:
The maintenance, operation, and servicing of landscape improve ments located within the District.
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 3 The maintenance, operation, and servicing of local street ligh ting facilities located along streets within the interior of the tract in close proximity, within approximately 90 feet, to certain lots and parcels which provid e a direct special benefit to such lots or parcels; and
The maintenance, operation and servicing of a storm drainage d etention basin and appurtenant facilities which provide a direct special benefit to such lots or parcels; and
The maintenance, operation, and servicing of the park and rela ted equipment, to include equipment replacement; and
The maintenance, operation, and servicing of the fencing and b lock walls, which provide a direct and special benefit to such lots or parcels; and All appurtenant facilities, equipment, materials and utilities related to the aforementioned Improvements.
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
x The installation or planting of landscaping.
x The installation or construction of statuary, fountains, and o ther ornamental structures and facilities.
x The installation or construction of public lighting facilities . x The installation or constructi on of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. x The maintenance or servicing, or both, of any of the foregoing . x The acquisition of any existing improvement otherwise authoriz ed pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
x The cost of preparation of the report, including plans, specif ications, estimates, diagram, and assessment;
x The costs of printing, advertising, and the publishing, postin g and mailing of notices;
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 4 x Compensation payable to the County for collection of assessmen ts; x Compensation of any engineer or attorney employed to render se rvices; x Any other expenses incidental to the construction, installatio n, or maintenance and servicing of the improvements;
x Any expenses incidental to the issuance of bonds or notes purs uant to Section 22662.5.
x Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "Maintain" or "Maintenance" to mean furnis hing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
x Repair, removal, or replacement of all or any part of any impr ovement. x Providing for the life, growth, health, and beauty of landscap ing, including cultivation, irrigation, trimming , spraying, fertilizing, or tr eating for disease or injury.
x The removal of trimmings, rub bish, debris, and other solid waste. x The cleaning, sandblasting, and painting of walls and other im provements to remove or cover graffiti.
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 5 IIII. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities.
The 1972 Act further requires that the cost of these improvemen ts be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estim ated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on benefit to each parcel.
In addition, Article XIIID requires that a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. A special benefit is a particular and distinct benefit over and above general benefits conferred on t he public at large, including real property within the district or District. The g eneral enhancement of property value does not constitute a special benefit.
B. BENEFIT ANALYSIS
Each improvement, the associated costs and assessments within t he District has been reviewed, identified and allocated based on the special be nefit parcels receive from such improvements pursuant to the provisions of Article XIIID and the 1972 Act. The improvements associated with this District have b een identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the proposed development plans. As such, these improvements would be necessary and required of individual property owners for the development of such properties, and the ongoing operation, servicing and maintenance of these improvements woul d be the financial obligation of those properties. Therefore, the improv ements and the annual costs of maintenance and operation of the improvements are of direct and special benefit to the properties.
All the lots or parcels are established at the same time once t he conditions regarding the improvements and the continued maintenance are met. As a result, each lot or parcel within the District receives a special and distinct benefit from the improvements and to the same degree.
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 6 Over time, the improvements continue to confer a particular and distinct special benefit upon the lots or parcels within the District because of t h e n ature of the improvements. The proper maintenance of the improvements and a ppurtenant facilities reduces property related crimes, especially vandalism, against properties in the District. The above mentioned also contributes to a spe cific enhancement to each of the parcels within the District.
The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. However, each individual improvement element has i t s o w n distinct benefits both specific and general. The special benef its associated with the improvements within this District are as follows:
SPECIAL BENEFIT
The special benefits associated with the landscaping improvemen ts are specifically:
Enhanced desirability of properties through association with t he improvements;
Improved aesthetic appeal of properties providing a positive r epresentation of the area;
Enhanced adaptation of the urban environment within the natura l environment from adequate green space, open space areas and landscaping;
Environmental enhancement through improved erosion resistance, d u s t and debris control, and fire prevention;
Increased sense of pride in ownership of property within the D istrict resulting from well-maintained im provements associated with the properties;
Reduced criminal activity and property-related crimes (especia lly vandalism) against properties in the District through well-main tained surroundings and amenities including abatement of graffiti; and, Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.
The special benefits of street lighting located on interior str eets within the District are the convenience, safety, and security of property, improvements, and goods. Specifically:
Enhanced deterrence of crime and the aid to police protection; Increased nighttime safety on roads and streets;
Improved ability of pedestrians and motorists to see; Improved ingress and egress to property;
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 7 Reduced vandalism and other criminal act and damage to improve ments or property;
Improved traffic circulation and reduced nighttime accidents a nd personal property loss.
GENERAL BENEFIT
In addition to the special benefits received by the parcels wit hin the proposed District, there are the incidental general benefits conferred b y the proposed improvements.
The general benefit to properties from the landscaping, streetlight and drainage improvements is a benefit to the parcels within the City. The p arcels share equally the cost of the maintenance of the improvements.
The total benefits are thus a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to adjacent property owners. Any portion of the total costs, which are ass ociated with general benefits, will not be assessed to the parcels in the Di strict, but will be paid from other City funds.
All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Although t he improvements may include landscaping and lighting improvements and other amenities available or visible to the public at large, the cons truction and installation of these improvements are only necessary for the d evelopment of properties within the District and are not required nor necessa rily desired by any properties or developments outside the District boundary. T herefore, any public access or use of the improvements by others is incidenta l and there is no measurable general benefit to properties outside the District or to the public at large.
C. ASSESSMENT METHODOLOGY
The method of apportionment for the District calculates the rec eipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit rec eived by each lot or parcel is equated to the overall land use of the parcel based on the parcel’s actual land use or proposed planned development, and is reliant upon the special benefit received from the improvements planned within the District.
To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvem ents as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance wi th Article XIIID Section 4 of the State Constitution, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred t o that parcel. The benefit formula used to determine the assessment obligation is therefore based
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 8 upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements.
Equivalent Dwelling Units:
Continuing the basic criteria set during the formation of the o riginal District, the single-family residential (“SFR”) parcel has been selected as the basi c unit for calculation of relative benefit. The single –family residential parcel is defined as receiving special benefit of one Equivalent Dwelling Unit (“EDU”). The EDU method is seen as the most appropriate and equitable for landsc ape and lighting districts, as the benefit to each parcel from the improvements are apportioned as a function of land-use.
EDU Application by Land Use:
Single-Family Residential (SFR) — This land use is defined as a fully subdivided residential home site with or without a structure. This land us e is assessed 1.0 EDU per lot or parcel. This is the base value that the other la nd use types are compared and weighted against (i.e. Equivalent Dwelling Unit or EDU).
Although this District consists of only single-family units, th e following classifications exist should there be any change in land use within the District.
Condominium — This land use is defined as a fully subdivided residential parcel that has more than one residential condo or town-home unit deve loped on the property.
Multi-Family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit deve loped on the property.
Planned-Residential Development — This land use is defined as any property not fully subdivided with a specific number of proposed residential lots or dwelling units to be developed on the parcel.
Vacant Single-Family Residential — This land use is defined as property currently District for single-family detached residential development, but a tentative or final tract map has not been submitted and/or approved.
Vacant Multi-Family Residential — This land use is defined as property currently District for multi-family residential development, but a tentat ive or final tract map has not been submitted and/or approved.
Vacant Nonresidential — This land use is defined as property currently District for nonresidential use, but not specifically identified as nonr esidential property.
This land use is assessed at 1.0 EDU per acre. Parcels less tha n 1 acre are assigned a minimum of 1.0 EDU. Parcels over 50 acres are assigned a maximum of 50 EDU.
Developed Nonresidential — This land use is defined as property developed for either commercial or industrial use. This land use type is assessed at 4.0 EDU per
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 9 gross acre. Parcels less than 0.25 acres are assigned a minimum of 1.0 EDU and there is no maximum acreage cap, as is the case with Vacant Non residential Property.
Recreational or Limited Nonresidential Use — This land use is defined as property used for recreational or nonresidential use that is no t part of the improvements provided by the District. This land use classifica tion may include, but is not limited to, golf courses, commercial parking lots or commercial properties where less than ten percent of the total acreage has been devel oped. This land use is assessed at 2.0 EDU per acre. Similar to Commercial prop erties, there is no maximum acreage cap for this land use, but parcels less than 0.5 acres are assigned a minimum 1.0 EDU.
Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0 EDU. This land use classification may include, but is not limited, to lots or parcels identified as public streets and other roadw ays (typically not assigned an APN by the County); dedicated public easements, open space areas and right-of-ways including greenbelts and parkways; utility right-of-ways; common areas, sliver parcels and bifurcated lots or any other property that cannot be developed; park properties and other publicly owned properties that are part of the District improvements or that have little or no improvement val ue. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.
Each parcel's EDU correlates the parcel’s special benefit received as compared to the other parcels benefiting from the improvements.
The following formula is used to calculate each parcel’s EDU (proportional benefit).
Parcel Type EDU x Acreage/Dwelling Units/Parcel/Lot = Parcel EDU
The total number of Equivalent Dwelling Units (EDUs) is the sum of the individual EDUs applied to parcels that receive a special benefit from the improvement. An assessment amount per EDU (Rate) for each improvement is established by taking the total cost of the improvement and dividing that amount by t he total number of EDUs of the parcels benefiting from the improvement. This Rate is then applied back to each parcel’s individual EDU to determine the parcel’s proportionate benefit and assessment obligation for that improvement.
Total Balance to Levy / Total EDU = Levy per EDU
Levy per EDU x Parcel EDU = Parcel Levy Amount
D. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and m eeting requirements by law. Prior to th e passage of Proposition 218 (C alifornia Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment for mula or range
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 10 of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).
The purpose of establishing an Assessment Range Formula or CPI factor is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments.
Commencing with fiscal year 2004-2005, and then each subsequent year, the maximum assessment rate is proposed to be increased based upon the CPI, as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer shall compute the percentage difference between the CPI for February of each year and the CPI for the previous February, and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Stat istics revise such index or discontinue the preparation of such index, the Enginee r shall use the revised index or a comparable system as approved by the City Co uncil for determining fluctuations in the cost of living.
The Assessment Range Formula shall be applied to the future assessments within the District. Generally, if the proposed annual assessment (lev y per EDU) for the current fiscal year is less than or equal to the calculated Max imum Assessment, then the proposed annual assessment is not considered an increased assessment.
The Maximum Assessment is equal to the initial Assessment (appr oved by property owners within the District) adjusted annually the CPI factor.
The Maximum Assessment is adjusted annually and is calculated i ndependent of the District’s annual budget and proposed annual assessment. Any proposed annual assessment (rate per EDU less than or equal to this Maxi mum Assessment) is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year.
Although the Maximum Assessment will increase each year, the ac tual assessment may remain unchanged. The Maximum Assessment adjustm ent is designed to establish a reasonable limit on assessments. The Ma ximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to t he adjustment maximum amount. If the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without addit ional property owner balloting. If the budget and assessments calculated requi res an increase greater than the adjusted Maximu m Assessment, then the assessme nt is considered an increased assessment and would be subject to balloting.
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 11 IIV. DISTRICT BUDGET
A. DESCRIPTION OF BUDGET ITEMS
The following is a brief description of the costs associated wi th the improvements and services funded through the District.
DIRECT COSTS:
Maintenance Costs/Labor — Includes the contracted labor, material and equipment required to properly maintain the landscaping, irrigation systems and drainage systems within the Di strict. The improvements with in the District are maintained and serviced on a regular basis. The frequency and specific maintenance operations required within the District are determined by City Staff and is based on the proposed service level of the District.
Utilities — Includes utility costs for water required to irrigate landscap ed areas and the utility costs for electricity required to run irr igation systems and lighting for the areas according to the proposed service le vel of the District.
Equipment and Supplies — Includes all, materials, supplies, (e.g. pipe, fertilizer, insecticides, fuel, c leaning material etc.), and eq uipment, (e.g. communication, small tools, ren tals, machinery etc.), required to operate, maintain and ensure the satisfactory condition of all improveme nts and appurtenant facilities.
Repairs/Miscellaneous Expenses — Includes the replacement of any materials and equipment needed to maintain the District. Also i ncludes repairs that are generally unforeseen and not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism, storms, frost, etc. Also included may be plan ned upgrades that provide a direct benefit to the District. These upgrades could include replacing plant materials and/or renovation of irrigati on or lighting systems.
ADMINISTRATION COSTS:
District Administration — The cost to the particular departments and staff of the City, for providing the coordination of District services and operations, response to public concerns and education, as well as procedure s associated with the levy and collection of assessments. This it em also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings.
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 12 County Administration Fee — This is the actual cost to the District for the County to collect District assessments on the property tax bills. This charge is based on a flat rate per fund number.
LEVY BREAKDOWN:
Total District and Admin. Costs — This is the combined costs of District Costs and Administration Costs.
Reserve Collection/(Contribution) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund. The Reserve Fund provides for the collection of funds to operate the District from the time period of July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of asse ssments collected from the property tax bills. Negative amounts shown f or these budget items are transfers from the reserve fund that are used to reduce the Balance to Levy. The Reserve Fund eliminates the need for t he City to transfer funds from non-District accounts.
General Fund Repayment/(Contribution) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that m ust be repaid by future assessments. Similar to the Reserve Collection/(Contribution) line item, this item directly impacts the Reserve Fund balance eithe r positively or Replenishment.
Repayments are shown as a positive number and represent additio nal monies being collected in the current annual assessment to repa y a prior loan. These loans are typically for capital improvement expendi tures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the follow ing year or possibly over several years. Generally, the available Reserve Funds are exhausted before a temporary loan is advanced to the District a nd the Beginning Reserve Fund Balance will be a negative number indica ting the loan amount still outstanding.
A loan for the current fiscal year (Contribution) is shown as a negative number. If the District is expected to incur significant expend itures in the current fiscal year for special services or capital improvement s (upgrades or refurbishing of the improvements) and the proposed assessmen t revenues (annual assessments) and/or available Reserve Funds ar e not sufficient to cover the expenditures, the City may advance fund s to the District as a temporary loan to meet the proposed expenditures. Generally, the available Reserve Funds must be exhausted before a temporary loan is
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 13 advanced to the District and any funds temporarily loaned in ex cess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues.
Balance to Levy — This is the total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of Total Direct and Administration Costs, th e Reserve Collection/(Contribution), Repleni shment/(Contribution), and Ot her Revenue Sources.
DISTRICT STATISTICS:
Total Number of Parcels — The total number of parcels within the District boundary.
Total Parcels Levied — The total number of parcels within the District that are assessed. Non-assessable lots or parcels may include parcel s of land principally encumbered by public right-of-ways, easements, common areas, and/or parcels within the boundaries of the District that curre ntly do not benefit from the improvements due possibly to development restrictions.
Total Equivalent Dwelling Units — The typical single-family residential parcel is assigned one (1.0) Equivalent Dwelling Unit. Every other land-use or property typ e is converted to EDU’s based on an assessment formula that equates the property’s specific development status, type o f development (land-use), and size of the property, as compared t o typical single-family residential parcel.
Levy per EDU — This amount represents the rate being applied to each parcel’s individual EDU. The Levy per Equivalent Dwelling Unit, is the result of dividing the total Balance to Levy, by the sum of the Distri ct EDU’s, for the fiscal year.
Maximum Assessment per EDU — This amount represents the maximum rate to each parcel’s individual EDU. The Maximum Assessment pe r Equivalent Dwelling Unit, is the result of multiplying prior ye ar’s maximum rate by CPI for February of each year as determined by the Unit ed States Department of Labor, Bureau of Labor Statistics.
OPERATING RESERVE INFORMATION:
Reserve Balance — The Reserve Balance eliminates the need for the City to transfer funds from non-District accounts to pay for Distric t charges during the first half of the fiscal year. The Reserve Balance a llows the District to retain sufficient funds to operate the District from the time period of July 1 (beginning of the Fiscal Year) through January or February (when the County provides the City with the first installment of asse ssments collected from the property tax bills). Additional funds may be collected each
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 14 year to ensure adequate operating funds are available or the funds may be used to reduce the Balance to Levy. Using reserve amounts in th is way allows the Levy rate to remain fairly constant, although Distri ct costs may fluctuate. The Previous Reserve Balance reflects the projected funds available at the beginning of the current fiscal year (based on the projected revenues and expenses from the prior fiscal year). The Estimate d Ending Reserve Balance reflects the projected funds that are anticipated at the end of the current fiscal year (assuming the revenues and expenditu res occur as budgeted).
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 15
B. DISTRICT BUDGET FISCAL YEAR 2022/2023
TOTAL
BUDGET ITEMS DISTRICT
DIRECT COSTS
Maintenance Costs/Labor $12,870.00
Utilities 13,427.00
Equipment & Supplies 3,000.00
Repairs/Miscellaneous Expenses 998.00
Direct Costs (Subtotal) $30,295.00
ADMINISTRATION COSTS
District Administration $1,300.00
County Administration Fee 38.00
Administration Costs (Subtotal) $1,338.00
LEVY BREAKDOWN
Total Direct and Admin. Costs $31,633.00
Reserve Fund Collection (Contribution) (3,844.89)
General Fund Repayment/(Contribution) 0.00
Balance to Levy $27,788.11
Total Charge $27,787.88
Difference (due rounding) ($0.23)
DISTRICT STATISTICS
Total Number of Parcels 38
Total Parcels Levied 38
Total Equivalent Dwelling Units 38.00
Levy Per EDU $731.26
Maximum Assessment Per EDU $731.27
Prior Year Maximum Assessment Per EDU $695.12
OPERATING RESERVE INFORMATION
Operating Reserve Balance $121,983.74
Reserve Fund Collection/(Contribution) (3,844.89)
Ending Operating Reserve Balance $118,138.85
2022/2023 City of Woodland / West Wood Unit No. 1 Landscaping and Lighting District Page 16
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM
An Assessment District Diagram has been prepared for the District in the format required by the 1972 Act, and is on file with the City Clerk, and by ref erence is made part of this Report. The Assessment Diagram is available for inspection at the Office of the City Clerk, during normal business hours.
APPENDIX B - 2022/2023 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor’s Map for the year in which this Report is prepared.
Non-assessable lots or parcels include land principally encumbe red by public or utility rights-of-way and common areas. These parcels will not be assessed.
A listing of parcels assessed wi t h i n t h e D i s t r i c t , a l o n g w i t h the proposed assessment amounts, is included on the following pages and has been identi fied as “Fiscal Year 2022/2023 Assessment Roll”.
Assessor's Parcel
Number Situs Address Assessed
Land Value
Assessed
Structure
Value
Total
Assessed
Value
Charge
027-560-046-000 248 QUAIL DR $71,376 $113,014 $184,390 $731.26 027-560-047-000 252 QUAIL DR 153,467 301,405 454,872 731.26 027-560-048-000 256 QUAIL DR 72,169 266,476 338,645 731.26 027-560-049-000 260 QUAIL DR 90,000 360,000 450,000 731.26 027-560-050-000 264 QUAIL DR 90,000 340,000 430,000 731.26 027-560-051-000 269 QUAIL DR 163,815 247,546 411,361 731.26 027-560-052-000 265 QUAIL DR 145,611 214,661 360,272 731.26 027-560-053-000 261 QUAIL DR 107,320 149,059 256,379 731.26 027-560-054-000 257 QUAIL DR 133,477 252,401 385,878 731.26 027-560-055-000 253 QUAIL DR 95,000 395,000 490,000 731.26 027-560-056-000 249 QUAIL DR 195,945 209,898 405,843 731.26 027-560-057-000 245 QUAIL DR 70,725 311,190 381,915 731.26 027-560-058-000 244 PH EASANT CT 82, 848 115,397 198,245 731.26 027-560-059-000 248 PH EASANT CT 72, 139 287,528 359,667 731.26 027-560-060-000 252 PH EASANT CT 130, 861 196,293 327,154 731.26 027-560-061-000 256 PH EASANT CT 90, 000 360,000 450,000 731.26 027-560-062-000 260 PH EASANT CT 118, 963 178,448 297,411 731.26 027-560-063-000 264 PH EASANT CT 80, 414 310,938 391,352 731.26 027-560-064-000 268 PH EASANT CT 85, 775 342,031 427,806 731.26 027-560-065-000 269 PH EASANT CT 68, 255 211,599 279,854 731.26 027-560-066-000 265 PH EASANT CT 90, 000 340,000 430,000 731.26 027-560-067-000 261 PH EASANT CT 75, 422 194,944 270,366 731.26 027-560-068-000 257 PH EASANT CT 82, 445 305,047 387,492 731.26 027-560-069-000 399 MALLARD DR 124,911 230,795 355,706 731.26 027-560-070-000 395 MALLARD DR 90,000 340,000 430,000 731.26 027-560-072-000 390 MALLARD DR 90,932 217,227 308,159 731.26 027-560-073-000 394 MALLARD DR 71,013 100,602 171,615 731.26 027-560-074-000 398 MALLARD DR 90,000 340,000 430,000 731.26 027-560-075-000 402 MALLARD DR 72,169 289,791 361,960 731.26 027-560-076-000 406 MALLARD DR 68,255 293,510 361,765 731.26 027-560-077-000 410 MALLARD DR 90,000 340,000 430,000 731.26 027-560-078-000 414 MALLARD DR 99,405 218,339 317,744 731.26 027-560-079-000 418 MALLARD DR 90,932 363,729 454,661 731.26 027-560-080-000 420 MALLARD DR 68,255 229,802 298,057 731.26 027-560-081-000 424 MALLARD DR 71,085 264,660 335,745 731.26 027-560-082-000 428 MALLARD DR 67,946 300,112 368,058 731.26 027-560-083-000 432 MALLARD DR 78,838 316,404 395,242 731.26 027-560-085-000 244 QUAIL DR 85,000 306,000 391,000 731.26 Total: $27,787.88
Parcel Count: 38
City of Woodland
West Wood Landscaping and Lighting District
FY 2022/23 Preliminary Assessment Roll
West Wood LLD FY 2022-2023 Preliminary Assessment Roll Page 1 of 1
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Gibson Ranch L&L District
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North Park L&L District
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Spring Lake L&L District
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Spring Lake
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Streng Pond L&L District
Tree
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Streng Pond
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Westwood L&L District
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: F.10
SUBJECT: AgTech Innovation Alliance Grant Agreement
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, approving a budget appropriation of $100,000 from Measure F (507) and authorizing the Community Development Director to enter into a Grant Agreement with AgTech Innocation Alliance for the phase two expansion of The Lab@AgStart, a food and ag technology wet-lab incubator facility in Woodland.
Staff Contact:
Erika Bumgardner, Business Development Liaison/Principal Planner, (530) 661-5886, [email protected]
Fiscal Impact:
Funding for the proposed grant would be from Measure F, under the Econcomic Development category of approved spending. The current budget does not include an allocation from Measure F, so an appropriation is required by Council.
City Council Goals:
This recommendation advances City Council Goals for Economic Development that specifically call for supporting the expansion of the Lab@AgStart facility to foster food and agricultural innovation in Woodland.
Background:
The AgTech Innovation Alliance (AIA) is a non-profit organization focused on accelerating the growth of ag and food tech companies and strengthening the region’s innovation ecosystem. AgStart, AIA’s technology incubator program, has been in Woodland since 2016 and provides mentorship, industry connections, and access to resources that these new companies need to thrive. Since establishing in Woodland, AgStart has grown into the region’s premier ag and food technology incubation program. It has supported over 200 companies from throughout the Greater Sacramento region, the state, and the world. Woodland, with its diverse and thriving food and agriculture industry, proximity to UC Davis, and ideal climate for growing a wide variety of crops, is uniquely positioned to attract young companies looking to advance their new technologies.
In May 2021, through a unique public-private partnership, AIA launched The Lab@AgStart, a $1.5 million food innovation and wet lab space, creating a shared-use incubator for innovators and entrepreneurs in the ag, food, and health industries. The 4,800 square foot space located within the Wiseman Building at 1100 Main Street in Downtown Woodland, is currently the largest wet-lab facility for startup companies in California's Central Valley region, offering a science-based wet-chemistry laboratory facility, a certified Food Lab, and office and co-working facilities for startup companies. The lab includes 28 benches, offices and conference rooms, plus a test kitchen.
In less than a year since opening, eleven start-up companies have established operations at the facility, one company from as far away as Singapore, maximizing the facility's current capacity. These start-up companies, none of which were previously operating in the city, are working to commercialize more sustainable solutions to challenges in our ag, food and health sectors. These companies have expanded their employment in the city by at least two dozen scientific and business professionals, have brought over $45 million in private capital to the region, and have achieved several industry awards and recognition for their innovations. Altogether, over
50 professionals work at least part time out of the lab facility. Of the eleven companies currently utilizing The Lab@AgStart facility, 36% are focused on ‘Agriculture’, 45% are focused on ‘Post-Harvest/Food’, and 18% are focused on ‘Health’ applications. (‘Agriculture’ is defined to include crop inputs, plant varieties, cultivation and harvest; ‘Post-Harvest/Food’ is defined to include processing of plant material to create foods/beverages, food ingredients, nutrient supplements, and other value-added products; and ‘Health’ is defined to include non-food compounds, drugs, or drug delivery systems with direct applications to improve human health.)
Construction and equipping of The Lab@AgStart facility was made possible through the support of multiple public and private organizations including the U.S. Economic Development Administration (EDA), the State of California's iBank, the County of Yolo and the City of Woodland, as well as private support and sponsorships from the Yocha Dehe Wintun Nation, Raley's, First Northern Bank, Bayer, Syngenta, HM Clause and many others. In November 2019, City Council approved a 20 percent EDA matching grant of $100,000, which was needed to submit the Phase II grant applicant and ultimately secure the EDA award. Every dollar the City invested leveraged over 7 dollars of Federal and private funding that would be invested in the community, not including the indirect benefits of attracting new companies and bringing employment opportunities that might otherwise be located outside of the community.
Discussion:
As noted above, The Lab@AgStart reached bench capacity in less than one year from the date the facility opened, exceeding expectations. In addition to the eleven companies that are currently occupying the facility, there are five companies that are currently on a wait list for future space availability and several companies have sought options elsewhere due to time constraints. The Greater Sacramento Region continues to face a critical shortage of commercial laboratory space for innovators to grow their solutions. Further, the cost of building out lab space is cost-prohibitive for most young companies who focus their limited capital resources on trials needed to prove their technologies. The AgTech Innovation Alliance believes there is sufficient demand for laboratory space to justify a doubling of capacity, with an anticipated doubling of economic benefit to the City and County.
In November 2021, the AIA secured a lease with the Wiseman company for an additional 3,006 square foot space immediately proximate to the current facility for expansion. The added space will accommodate an additional 26 lab benches, plus a Tissue Culture and Fermentation Lab which is a new amenity. Expansion costs, including construction, furnishings and equipment are estimated at just over $1 million. Additionally, in April 2022, the AIA was able to secure the groundfloor office space in the Wiseman building for additional office and conference space as well as a space to host larger gatherings such as innovation showcasing.
In March 2022, the AIA approached the City requesting that the City double down on its support of The Lab@AgStart facility by providing an additional $100,000 grant. The additional funds would go toward the buildout and equipping of the lab expansion area, which will house an additional 10-15 companies. Staff recommends that the City Council commit the additional funds in support of the City's well established technology and ag-based industry. The facility and its expansion remain aligned with the City's Food Front Initiative and will provide indirect economic benefits through an increased base of high-paid full-time professional jobs and through the attraction of additional ag-tech innovators. It is also the hope that as companies expand into product development or pilot manufacturing, they will seek more permanent locations and expansion facilities in Woodland's Research and Development and Industrial Flex areas and within the future Woodland Research and Technology Park. The City's $100,000 contribution will match an equal contribution scheduled for review and approval by the Yolo County Board of Supervisors also on June 7th. Additional financial support is provided by the Wiseman Company, as well as contributions from existing and new sponsors. With support, the expansion facility is anticipated to open and be ready for occupancy as early as September 2022. The City Manager is on the board of the AIA and is therefore unable to sign the grant agreement.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, approving a budget appropriation of $100,000 from Measure F (507) and authorizing the Community Development Director to enter into a Grant Agreement with AgTech Innocation Alliance for the phase two expansion of The Lab@AgStart, a food and ag technology wet-lab incubator facility in Woodland.
Prepared by: Erika Bumgardner, Business Development Liaison
Reviewed by: Brent Meyer, Community Development Director/ City Engineer
Attachments:
1. Resolution
82093.00086\32982382.1
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING BUDGET APPROPRIATION OF $100,000 AND AUTHORIZING THE
COMMUNITY DEVELOPMENT DIRECTOR TO ENTER INTO A GRANT
AGREEMENT WITH AGTECH INNOVATION ALLIANCE FOR THE EXPANSION OF THE LAB@AGSTART FOOD AND AG TECHNOLOGY WET-LAB INCUBATOR
FACILITY IN WOODLAND
WHEREAS, AgTech Innovation Alliance (AIA) has operated AgStart, an agriculture and food based technology incubator in Woodland since 2016, and WHEREAS, in May 2021, AIA launched The Lab@AgStart, a $1.5 million food innovation and wet lab space, creating a shared-use incubator for innovators and entrepreneurs in the ag, food, and health industries; and
WHEREAS, The Lab@AgStart reached bench capacity in less than one year from the date the facility opened, exceeding expectations; and the AIA believes there is sufficient demand for laboratory space to justify a doubling of capacity; and WHEREAS, in March 2022, the AIA approached the City requesting that the City double down on its support of The Lab@AgStart facility by providing an additional $100,000 grant. The additional funds would go toward the buildout and equipping of the lab expansion area, which will house an additional 10-15 companies; and
WHEREAS, expansion of The Lab@AgStart would advance the City Council’s Economic Development Goals to continue to diversify Woodland’s job base and support its existing food and ag industry and innovation that is highlighted through the city’s Food Front Initiative.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:
Section 1. Approves a budget appropriation of $100,000 from Measure F reserves to the Economic Development Budget; and
Section 2. Authorizes the Community Development Director to execute a Grant Agreement with AgTech Innovation Alliance to provide up to $100,000 toward the expansion of The Lab@AgStart food and ag technology wet-lab incubator facility in Woodland.
82093.00086\32982382.1
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 7th day of June 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: June 7, 2022
ITEM #: F.11
SUBJECT: 2019 Homeland Security Grant Program Urban Area Security Initiative Appropriation
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to appropriate $33,500 to the Other Federal Grants Fund (330) for the purchase of the awarded equipment.
Staff Contact:
Eric Zane, Fire Chief - (530)661-5861, [email protected]
Fiscal Impact:
The requested $33,500 appropriation to Fund 330 will ultimately be cost neutral. The requested funds will cover the initial expenditure of grant funds totaling $33,500, which will be reimbursed through the 2019 Homeland Security Grant Program- Urban Area Security Initiative (USAI) Sub-recipient award received by the City of Woodland Fire Department.
Background:
The Sacramento Police Department received a regional award from the 2019 Homeland Security Grant Program - Urban Area Security Initiative. The Urban Areas Security Initiative (UASI) Program assists high- threat, high-density Urban Areas in efforts to build and sustain the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. The UASI program is intended to provide financial assistance to address the unique multi-discipline planning, organization, equipment, training, and exercise needs of high-threat, high-density Urban Areas, and to assist these areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using the Whole Community approach. As part of this award, the Woodland Fire Department was awarded funds as a sub-recipient for the purchase of Personal Thermal Imaging Cameras. By equipping every firefighter with a personal thermal imaging camera, the Department can potentially save more lives and protect property by increasing two vital parts of an emergency call; speed and safety.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to appropriate $33,500 to the Other Federal Grants Fund (330) for the purchase of the awarded equipment.
Prepared by: Jeran Scruggs, Management Analyst
Approved by: Eric Zane, Fire Chief
Attachments:
1. Resolution -UASI
2. Signed MOU Seek TIC Cameras
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND AUTHORIZING THE APPROPRIATION OF $33,500 TO THE OTHER FEDERAL GRANTS FUND (330) FOR THE PURCHASE OF PERSONAL THERMAL IMAGING CAMERAS AS AWARDED UNDER THE 2019 HOMELAND SECURITY GRANT
PROGRAM- UBRAN AREA SECURITY INITIATIVE
WHEREAS, the Woodland Fire Department was awarded a subaward of the 2019 Homeland Security Grant Program- Urban Area Security Initiative via the City of Sacramento Police Department; and
WHEREAS, the Woodland Fire Department will use these funds to purchase personal thermal imaging cameras increasing two vital parts of an emergency call, speed and safety; and WHEREAS, the City of Woodland will be reimbursed $33,500 from the Sacramento Police Department through a subaward of the 2019 Homeland Security Grant Program- Urban Area Security Initiative for the purchase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND:
SECTION 1. That the City Council hereby authorizes the City Manager to appropriate $33,500 to the Other Federal Grants Fund (330) for the purchase of the awarded equipment.
PASSED AND ADOPTED by the City Council this 7th day of June, 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
CONTRACT
ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.
General Information (Required)
Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________ Assessor’s Parcel Number(s): ________________________________________________________________ Contract Effective Date: _________ Contract Expi ration Date (if applicable): _________ $ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________ Other Party: ______________________________________________________________________________ Project Title: _____________________________________________________________________________ Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________ City Council Approval: if YES, Council File ID#: __________ Contract Processing Contacts
Department: ______________________________
Cont
ract Coordinator: _______________________
Project Manager: ___________________________
Email: ______________________________
Department Review and Routing
(Signature) (Date)
(Signature) (Date)
(Signature) (Date)
Accounting:
Supervisor:
Division Manager:
Other:
(Signature) (Date)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) _______________________________________________________________________________________ ------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ CC Rev. 12.19.2018
Recording Requested Other Party Signature Required
03/15/2022
05/15/2022
33500
0 City of Woodland
Thermal Imaging Cameras
Der Xiong, Analyst
Tammy Jones
[email protected]
NO
Police
GAU File #22-037
Mar 23, 2022
G11016919
alina warrick (Mar 23, 2022 14:43 PDT)
alina warrick
Mar 23, 2022
Mar 23, 2022
Kurt Wendlenner (Mar 29, 2022 14:28 PDT)
Kurt Wendlenner
KATHERINE LESTER (Mar 30, 2022 05:12 PDT)
KATHERINE LESTER
KATHERINE LESTER
Chief of Police
Kamie Southward/Citywide Records Manager (Mar 30, 2022 11:45 PDT)
Eric Zane (Mar 29, 2022 13:32 PDT)
Eric Zane
Fire Chief
Eric Zane
Woodland Fire Department
785302373
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 1 April 17, 2019 T
he 2019 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2019. These terms and conditions flow down to subrecipients, unless a particular award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations.
Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS
financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions.
DHS
financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002.
DHS Specific Acknowledgements and Assurances
All r
ecipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award an d per
mit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding c
omponent agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials, to [email protected].
This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not requir ed t
o complete and submit this tool to DHS. The evaluation tool can be found at ht
tps://www.dhs.gov/publication/dhs-civil-rights- evaluation-tool.
Exhibit A
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 2 April 17, 2019 Standard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
II. Activities Conducted Abroad
Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) ( codified as amended at Title 42, U.S. Code, § 6101 et seq. ), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
VI. Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.
), which provides that no person in the
United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at
6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C.
§ 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 3 April 17, 2019 VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
IX. Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
X. Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
XI. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq. ), which provide that
no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19
XIII. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act , Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
XIV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
XV. Federal Debt Status
All recipients are required to be non- delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 4 April 17, 2019 XVI. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government.
XVII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102
) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
XVIII. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225.)
XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title V of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-department- supported-organizations-provide-meaningful- access-people-limited and additional resources on http://www.lep.gov.
XX. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.
XXI. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.(NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
XXII. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 5 April 17, 2019 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.
XXIII. Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
XXIV. Notice of Funding Opportunity Requirements
All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.
XXV. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at
37 C.F.R. Part 401 and the standard patent
rights clause located at 37 C.F.R. § 401.14.
XXVI. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource
Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
XXVII. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
XXVIII. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirements
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under Pub. L. No. 110-417, § 872, as amended 41 U.S.C. § 2313. As required by Pub. L. No. 111-212, § 3010, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available.
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 6 April 17, 2019
2. Proceedings about Which Recipients Must Report
Recipients must submit the required information about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the federal government;
b. Reached its final disposition during the most recent five year period; and c. One or more of the following:
1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3) An administrative proceeding, as defined in paragraph 5, that resulted in a finding of fault and liability and the recipient’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4) Any other criminal, civil, or administrative proceeding if:
a) It could have led to an outcome described in this award term and condition; b) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the recipient’s part; and
c) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
Recipients must enter the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. R ecipients do not need to submit the information a second time under financial assistance awards that the recipient received if the recipient already provided the information through SAM because it was required to do so under federal procurement contracts that the recipient was awarded.
4. Reporting Frequency
During any period of time when recipients are subject to the main requirement in paragraph 1 of this award term and condition, recipients must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that recipients have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For the purpose of this award term and condition:
a. Administrative proceeding: means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 7 April 17, 2019 b. Conviction: means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—
1) Only the federal share of the funding under any federal award with a recipient cost share or match; and
2) The value of all expected funding increments under a federal award and options, even if not yet exercised.
XXIX. Reporting Subawards and Executive Compensation
1. Re
porting of first-tier subawards.
a. Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term, the recipient must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in Section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (See definitions in paragraph 5 of this award term).
b. Where and when to report.
1) Recipients must report each obligating action described in paragraph 1 of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS.)
2) For s
ubaward information, recipients report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2016, the obligation must be reported by no later than December 31, 2016.)
c. What to report. The recipient must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov.
2. Reporting Total Compensation of Recipient Executives. a. Applicability and what to report. Recipients must report total compensation for each of the five most highly compensated executives for the preceding completed fiscal year, if—
1) T he total federal funding authorized to date under this award is $25,000 or more; 2) I n the preceding fiscal year, recipient’s received— a) 80 percent or more of recipients annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and
b) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 8 April 17, 2019 3) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) b. Where and when to report. Recipients must report executive total compensation described in paragraph 2.a. of this award term:
1) As part of the recipient’s registration profile at https://www.sam.gov. 2) By the end of the month following the month in which this award is made, and annually thereafter.
3. Reporting of Total Compensation of Subrecipient Executives. a. Applicability and what to report. Unless recipients are exempt as provided in paragraph 4. of this award term, for each first-tier subrecipient under this award, recipients shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—
1) I n the subrecipient's preceding fiscal year, the subrecipient received— a) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
2) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) b. Where and when to report. Subrecipients must report subrecipient executive total compensation described in paragraph 3.a. of this award term:
1) To the recipient.
2) By the end of the month following the month during which recipients make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), subrecipients must report any required compensation information of the subrecipient by November 30 of that year.
4. Exemptions
If, in the previous tax year, recipients had gross income, from all sources, under $300,000, then recipients are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of any subrecipient.
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 9 April 17, 2019
5. Definitions For purposes of this award term:
a. Entity: means all of the following, as defined in 2 C.F.R. Part 25:
1) A Governmental organization, which is a State, local government, or Indian tribe; 2) A foreign public entity;
3) A domestic or foreign nonprofit organization;
4) A domestic or foreign for-profit organization;
5) A federal agency, but only as a subrecipient under an award or subaward to a non- federal entity.
b. Executive: means officers, managing partners, or any other employees in management positions.
c. Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the recipient received this award and that the recipient awards to an eligible subrecipient.
1) The term does not include recipients procurement of property and services needed to carry out the project or program.
2) A subaward may be provided through any legal agreement, including an agreement that a recipient or a subrecipient considers a contract.
d. Subrecipient: means an entity that:
1) Receives a subaward from the recipient under this award; and 2) Is accountable to the recipient for the use of the federal funds provided by the subaward.
e. Total compensation: means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following ( See 17 C.F.R. § 229.402(c)(2)):
1) Sal
ary and bonus.
2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. 4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
5) Above-market earnings on deferred compensation which is not tax-qualified.
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 10 April 17, 2019 6) Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
XXX. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
XXXI. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism.
Recipients are legally responsible to ensure compliance with the Order and laws.
XXXII. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons.
1. Provisions applicable to a recipient that is a private entity. a. Recipients, the employees, subrecipients under this award, and subrecipients' employees may not—
1) Engage in severe forms of trafficking in persons during the period of time the award is in effect;
2) Procure a commercial sex act during the period of time that the award is in effect; or 3) Use forced labor in the performance of the award or subawards under the award. b. DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient that is a private entity —
1) Is determined to have violated a prohibition in paragraph 1.a of this award term; or 2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 1.a of this award term through conduct that is either—
a) Associated with performance under this award; or
b) Imputed to recipients or subrecipients using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180,
“OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R.
Part 3000.
2. Provision applicable to recipients other than a private entity.
DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
a. Is determined to have violated an applicable prohibition in paragraph 1.a of this award term; or
b. Has an employee who is determined by the agency official authorized to terminate the
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 11 April 17, 2019 award to have violated an applicable prohibition in paragraph 1.a of this award term through conduct that is either—
1) Associated with performance under this award; or
2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000.
3. Provisions applicable to any recipient.
a. Recipients must inform DHS immediately of any information received from any source alleging a violation of a prohibition in paragraph 1.a of this award term. b. It is DHS’s right to terminate unilaterally that is described in paragraph 1.b or 2 of this section:
1) Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)), and 2) Is in addition to all other remedies for noncompliance that are available to us under this award.
c. Recipients must include the requirements of paragraph 1.a of this award term in any subaward made to a private entity.
4. Definitions. For the purposes of this award term:
a. Employee: means either:
1) An individual employed by a recipient or a subrecipient who is engaged in the performance of the project or program under this award; or 2) Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements
b. Forced labor: means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
c. Private entity: means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes:
1) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b).
2) A for-profit organization.
d. Severe forms of trafficking in persons, commercial sex act, and coercion are defined in TVPA, Section 103
, as amended (22 U.S.C. § 7102)
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 12 April 17, 2019 XXXIII. Universal Identifier and System of Award Management
1. Requirement for System for Award Management
Unless the recipient is exempted from this requirement under 2 C.F.R. 25.110, the recipient must maintain the currency of their information in the SAM until the recipient submits the final financial report required under this award or receive the final payment, whichever is later.
This requires that the recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in the recipient’s information or another award term.
2. Requirement for unique entity identifier
If recipients are authorized to make subawards under this award, they:
a. Must notify potential subrecipients that no entity (see definition in paragraph 3 of this award term) may receive a subaward from the recipient unless the entity has provided its unique entity identifier to the recipient.
b. May not make a subaward to an entity unless the entity has provided its unique entity identifier to the recipient.
3. Definitions
For purposes of this award term:
a. System for Award Management (SAM): means the federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found on SAM.gov. b. Unique entity identifier: means the identifier required for SAM registration to uniquely identify business entities.
c. Entity: means all of the following, as defined at 2 C.F.R. Part 25, Subpart C:
1) A Governmental organization, which is a State, local government, or Indian Tribe; 2) A foreign public entity;
3) A domestic or foreign nonprofit organization;
4) A domestic or foreign for-profit organization; and
5) A Federal agency, but only as a subrecipient under an award or subaward to a non- Federal entity.
d. Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which a recipient received this award and that the recipient awards to an eligible subrecipient. 1) The term does not include the recipients procurement of property and services needed to carry out the project or program (for further explanation, see 2 C.F.R. 200.330).
2) A subaward may be provided through any legal agreement, including an agreement that a recipient considers a contract.
2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 13 April 17, 2019 e. Subrecipient means an entity that:
1) Receives a subaward from the recipient under this award; and 2) Is accountable to the recipient for the use of the Federal funds provided by the subaward.
XXXIV. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
XXXV. Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
XXXVI. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.
Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 1 of 14 Initials _______ As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowl
edge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
Significant state and federal grant aw ard requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so.
Exhibit B
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Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 2 of 14 Initials _______ This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Th
e Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
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Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 3 of 14 Initials _______ Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.
The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
W
here the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination.
These include, but are not limited to, the following:
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Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 4 of 14 Initials _______ (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
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Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 5 of 14 Initials _______ (k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(m) The requirements of any other nondiscrimination statute(s) which may apply to the application.
In addition to the items listed in (a) through (m), the Applicant will comply with California’s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
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Standard Assurances
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2019 HSGP Standard Assurances Page 6 of 14 Initials _______ (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
Th
e Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
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2019 HSGP Standard Assurances Page 7 of 14 Initials _______
8. Audits
For
subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
Th
e Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
Th
e Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
Th
e Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
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For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 8 of 14 Initials _______
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
Th
e Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
Th
e Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If ap
plicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
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Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 9 of 14 Initials _______ (c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
EZ
EZ
Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 10 of 14 Initials _______
20. California Public Records Act and Freedom of Information Act Th
e Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Reporting Accusations and Findings of Discrimination If
during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from DHS
Al
l recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
EZ
EZ
Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 11 of 14 Initials _______
23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
28. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
EZ
EZ
Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 12 of 14 Initials _______
29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
31. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
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EZ
Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 13 of 14 Initials _______
34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
EZ
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Standard Assurances
For All Cal OES Federal Grant Programs
2019 HSGP Standard Assurances Page 14 of 14 Initial s _______
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may r esult in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon req uest. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all
subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8.1, hereby incorporated
by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The undersi
gned rep
resents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
City of Woodland
Eric Zane (Mar 29, 2022 13:32 PDT)
Eric Zane
EZ
EZ
Eric Zane
Fire Chief
Mar 29, 2022
Exhibt C
33,500 - - - 33,500
019 Thermal Imaging Cameras & Carabiners (52) -
Woodland 03OE-02-TILA
Optics, Thermal
Imaging
and/or Light
Amplification
No HSGP-UASI FS
CBRNE Search
and Rescue
Equipment
Deployable No Yes No Hold
Indicated TBD TBD TBD TBD New-In Use Woodland Fire,
Woodland, CA TBD 33,500 33,500
Subrecipient Agency Name:
LEDGER TYPE: Initial Application
Warning! Decimal usage is not allow ed. A ttempts to use decimals w ill prompt error message.
City of Woodland
Today's Date: March 15, 2022
City of Sacramento
EQUIPMENT
Homeland Security Grant Program - Urban Area Security Initiative FY 2019 Subrecipient Workbook
REIMB
Request # Acquired DateProject
Number
Date & Initials
(Prog. REP.):
Remaining
BalanceID Tag NumberDisciplineFunding
Source
Amount
Approved
Previous
Deployed
Location
Budgeted
Cost Total ApprovedAmount This
Request
City of
Sacramento
Approval
Approval
Date Invoice Number VendorEquipment Description & (Quantity) AEL# AEL Title SAFECOM Consult
Condition &
Disposition
Deployable /
Shareable
Solution Area
Sub-Category
Part of a
Procurement
over 250k
Sole Source
Involved Hold Trigger
FMFW v1.19 - 2019
This request is for an/a:
This claim is for costs incurred within the grant expenditure period from and does not cross fiscal years.
Under Penalty of Perjury I certify that:
Statement of Certification - Authorized Agent
Printed Name and Title Signature of Authorized Agent Date City of Sacramento
Homeland Security Grant Program - Urban Area Security Initiative FY 2019
Subrecipient Agency Name: City of Woodland
(REIMB or MOD Request #)
Please reference the Instructions Page under the "Authorized Agent" section for instructions/address on where to mail workbook
AUTHORIZED AGENT
I am the duly authorized officer of the claimant herein. This claim is true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances.
By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812). For HSGP: All equipment and training procured under this grant must be in support of the development or maintenance of an identified team or capability.
Initial Application
(Performance Period Start Date)
Alterations to this document may result in delayed application approval, modification requests, or reimbursement requests.
Subrecipients may be asked to revise and/or re-submit any altered Financial Management Forms Workbook. (Amount This Request)
Supporting Information for Reimbursement/Advance of State and Federal Funds March 15, 2022 through May 15, 2022
(Performance Period End Date)
FMFW v1.19 - 2019
CITY OF SACRAMENTO
GRANT MANAGEMENT ASSESSMENT QUESTIONNAIRE
Entity Information
Entity Name
DUNs Number
Entity Type
Grant Program
Performance Period
Subaward Total
As required by 2 CFR §200.331, the City is required to evaluate the risk of noncompliance with federal statutes, regulations, and grant terms and conditions posed by each subreci pient of pass‐through funding. This assessment
is made in order to determine and provide an appropriate level of technical assistance, training, and grant oversight to subrecipients for the subaward referenced abov e.
The following questions are related to the subrecipient’s experience in the management of federal grant awards.
This questionnaire must be completed and returned prior to executing a Subaward Agreement.
Yes No Unsure
1. Has the entity undergone any of the following types of audits (please check all that apply)? a) “Single Audit” under OMB A‐133 or Subpart F of 2 CFR Part 200 b) Financial Statement Audit
c) Defense Contract Agency Audit (DCAA)
d) Other Audit:
e) None (if none, skip to Question 6)
2. Most Recent Audit Report Issued:
3. Name of Audit Agency/Firm:
4. On the most recent audit, what was the auditor’s opinion?
5. Which of the following best describes the entity’s accounting system?
6. Does the entity’s accounting system have the capability to identify the receipt and expenditure of subaward funds separate for each Federal award?
7. Does the entity’s accounting system have the capability to record expenditures for each Federal award by the budget cost categories shown in the approved budget?
8. Does the entity’s accounting system have the capability to record cost sharing (“match”) separately for each Federal award, and maintain documentation to support recorded match or cost share?
9. Does the entity’s accounting system have the capability to accurately track employees’ actual time spent performing work for each federal award, and to accurately allocate charges for employee salaries and wages for each federal award, and maintain records to support the actual time spent and specific allocation of charges associated with each applicant employee?
10. Does the entity have written property policies, procedures or guidance that comply with 2 CFR §§200.310 – 200.316?
EXHIBIT D
City of Woodland
785302373
FY 2019 Homeland Security Grant Program - Urban Area Security Initiative March 15, 2022 to May 15, 2022
$33,500
Municipal Corporation
✔
✔
✔
✔
✔
✔
✔
✔
11. Does the entity have written procurement policies, procedures, or guidance that comply with 2 CFR §§200.317 – 200.327?
12. Does the entity’s written procurement policies, procedures, or guidance prevent entering into procurement contracts with entities or individuals suspended or debarred from procurement contracts under federal awards?
13. Does the applicant entity:
a) Maintain a standard travel policy?
b) Adhere to the Federal Travel Regulation (FTR)?
14. Does the entity have written subaward/subrecipient policies, procedures, and/or guidance that comply with 2 CFR §200.331?
N/A – entity does not
make subawards of its
federal grants
15. Is the entity designated “high risk” by a federal grant‐making agency? (High risk includes any status under which a federal awarding agency provides additional oversight due to the entity’s past performance or other programmatic or financial concerns with the entity).
If “Yes”, attach an attachment that contains the following for each federal grant‐making agency that has designated the enti
ty as “high risk:”
Name of the federal awarding agency
Date the agency notified the entity of the “high risk” designation Contact information for the “high risk” point of contact (name, phone, and email)
Reason for “high risk” status, as set out by the federal agency
16. In the last 5 years, has the entity has received any of the following types of grants?
a) Government
b) Non‐Profit or Foundation
c) None of the above
ENTITY CERTIFICATION
(Must be made by the chief executive, executive director, chief financial officer, or other official with the requisite knowledge and authority).
On behalf of the applicant entity, I certify to the City of Sacramento that the information provided above is complete and correct to the best of my knowledge. I have the requisite authority and information to make this certification on behalf of the entity.
Signature Title
Eric Zane (Mar 29, 2022 13:32 PDT)
Eric Zane
✔
✔
✔
✔
✔
✔
✔
✔
Fire Chief
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: F.12
SUBJECT: East Main Street Improvement Project, CIP 13-05; Contract Amendments
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____,:
1. Approving a construction contract contingency increase up to 15% ($826,585) with the McGuire and Hester construction contract and authorize the City Manager to execute the construction contract change orders; and
2. Approving a consultant services amendment for design with Mark Thomas and Company, in the amount of $53,454 for a total agreement amount of $561,625.02 and authorize the City Manager to execute the amendment; and
3. Approving a consultant services amendment for construction management and inspection services with Associated Engineering Consultants, Inc. in the amount of $300,000 for a total agreement amount of $839,298 and authorize the City Manager to execute the amendment.
Staff Contact:
Miguel Chavez, Sr. Construction Project Manager – (530) 661-5952, [email protected]
Fiscal Impact:
The existing approved project budget is sufficient to cover these additional costs and no additional funding appropriation is being requested. The proposed Capital Budget for the entire project is $8,135,838 consisting of $6,002,000 of Bike and Pedestrian and Local /Regional Transportation Grant funds from the Sacramento Area Council of Governments (SACOG), $50,000 of Sewer Enterprise Funds, $50,000 of Water Enterprise Funds, $1,669,000 of Road Maintenance and Rehabilitation Account (RMRA- SB1) Funds and $364,838 of Measure E funding.
The project budget includes the costs for design, project management, construction management/inspection and construction.
Background:
The project is located on East Main Street from East Street to the Interstate 5 (I-5) northbound off ramp. Part of the project is located within the State of California right of way and work within the State’s right of way will be completed under an encroachment permit.
The project has substantially completed the improvements below:
• Constructed the off-street bike path on the north side of E. Main Street between Pioneer Avenue and Matmor Road.
• Installed the curb, gutter and storm drainage improvements on the north side of E. Main Street. • Installed ADA compliant curb ramps on E. Main between East St and the I-5 northbound off ramp. • Installed several concrete bus pads on E. Main between East St and the I-5 northbound off ramp.
Remaining work includes installation of the landscape, irrigation and fencing on the north side of E. Main Street between Pioneer Avenue and Matmor Road, microsurfacing and restriping E. Main Street between East Street and the I-5 overcrossing. Restriping will include the narrowing of travel lanes to reduce travel speeds and allow for widening of the existing on-street bike lanes and adding bike lanes where they do not exist.
Discussion:
This project was originally scheduled to be completed in late 2021, but due to unforeseen conditions associated with infrastructure owned by private utility companies, the project has required more time than anticipated, but is currently scheduled to be completed this summer. To account for the unforeseen conditions that have prolonged the completion of construction for this project, staff is requesting that City Council increase the construction contract contingency up to 15%. The original construction contract is $5,510,566.80 and 15% contingency is $826,585.
Staff is also requesting that Council approve an amendment to the consultant service agreement with Mark Thomas & Company in the amount of $53,454 for a total contract of $561,625.02. The amendment to the design contract is to continue providing design support services during construction to address construction conflicts and to expedite project completion. Construction support tasks include responding to contractor’s questions and providing clarifications during construction.
Finally, staff is requesting that the City Council approve an amendment to the construction management agreement with AEC for $300,000, increasing the total contract to $839,298. The original construction management contract value was based upon the project being completed in late 2021. However, the extended timeline for construction results in more time required for construction management. AEC has done a significant amount of coordination with the contractor and private utilities to resolve issues due to the unforeseen conditions and move the project forward. The amendment to the contract ensures the continued provision of specialized inspection and testing to comply with City and Caltrans mandated quality assurance requirements for the project.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____,:
1. Approving a construction contract contingency increase up to 15%($826,585) with the McGuire and Hester construction contract and authorize the City Manager to execute the construction contract change orders; and
2. Approving a consultant services amendment for design with Mark Thomas and Company, in the amount of $53,454 for a total agreement amount of $561,625.02 and authorize the City Manager to execute the amendment; and
3. Approving a consultant services amendment for construction management and inspection services with Associated Engineering Consultants, Inc. in the amount of $300,000 for a total agreement amount of $839,298 and authorize the City Manager to execute the amendment.
Prepared by: Miguel Chavez, Sr. Construction Project Manager Reviewed by: Brent Meyer, Community Development Director/ City Engineer
Attachments:
1. Reso Contract Amendments 220607
82093.00001\8555510.2
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND,
APPROVING CONSULTANT AMENDMENTS AND INCREASING THE
CONSTRUCTION CONTINGENCY FOR THE E. MAIN STREET IMPROVEMENT PROJECT, CIP 13-05
WHEREAS, the City of Woodland’s proposed Capital Budget for the E. Main Street Improvement Project is $8,135,838, CIP 13-05 (the “Project”); and WHEREAS, on June 1 st 2021 City Council approved the construction contract with McGuire &Hester in the amount of $5,510,566.80 and authorized contingency up to 10%($551,057) and City now wishes to increase the contingency to 15%($826,585) and the City Council wishes to approve a construction contract contingency increase up to 15%($826,585) and authorize its execution through the adoption of this Resolution; and WHEREAS, the consultant services agreement with Mark Thomas has a current total of $508,171.02 and Amendment #4 in the amount of $53,454 brings the contract total to $561,625.02 and the City Council wishes to approve an amendment with Mark Thomas & Company for $53,454 for a total contract amount of $561,625.02 and authorize its execution through the adoption of this Resolution.; and
WHEREAS, the original consultant contract with Associated Engineering Consultants(AEC) was for $539,298 and Amendment #1 is for $300,000 for a contract total of $839,298 and the City Council wishes to approve an amendment with AEC for $300,000 for a total contract amount of $839,298 and authorize its execution through the adoption of this Resolution.; and
WHEREAS, the City desires to continue to have the design, construction management, inspection and testing performed by experienced consultants that were selected through a qualifications based selection process; 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 construction contract contingency increased up to 15%. The City Manager is hereby authorized to execute the change orders up to 15% ($826,585) of the original contract amount.
Section 2. The City Council hereby approves the consultant services amendment with AEC and authorizes and directs the City Manager to execute the amendment in the amount of $300,000 for a total contract amount of $839,298. The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized herein does not change.
82093.00001\8555510.2
Section 3: The City Council hereby approves the consultant services amendment with Mark Thomas & Company and authorizes and directs the City Manager to execute the amendment in the amount of $53,454 for a total contract amount of $561,652.02. The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized herein does not change.
Section 4. Copies of the Consultant Agreements are available and on file in the City Clerk’s office, and are incorporated herein by reference and made part of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of City Council held on the 7th day of June 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: June 7, 2022
ITEM #: F.13
SUBJECT: Approval of Plans and Specifications and Authorization of Bid Advertisement for Fifth and Clover Streets Sewer Rehabilitation Project, CIP 08-21
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, approving the plans and specifications and authorize bid advertisement for the Fifth and Clover Streets Sewer Rehabilitation Project, CIP 08-21.
Staff Contact:
Chris Fong, Senior Associate Civil Engineer, (530) 661-5972, [email protected]
Fiscal Impact:
The city has an ongoing program to repair and replace sewer transmission lines throughout the city. The overall project budget for the annual sewer and replacement project is $4,349,180 in CIP 08-21 as identified in the FY 2021-22 budget.
Since CIP 08-21 encompasses multiple projects, City staff intends to come back to Council at bid award to move the 5th and Clover Streets Sewer Rehabilitation construction costs to a new capital project number to allow better tracking of costs. The engineer’s estimate of construction cost for this project is currently estimated to be $830,000.
Background:
City staff is continually reviewing the status of the city’s sewer collection system. Repair and replacement of sewer lines is based on information obtained from the Asset Management System and annual closed circuit TV (CCTV) evaluation of sewer lines. Projects are identified based on criticality and budget. Through this process, staff has identified that open cut repairs of approximately 1,000 feet of sewer main are necessary on Fifth and Clover Streets.
Discussion:
The City worked with Laugenour and Meikle to put together the plans and specifications for the Fifth and Clover Streets Sewer Rehabilitation Project. Laugenour and Meikle is one of ten firms that the City has on the Quality Based Selection (QBS) list for engineering design services. The QBS list was last revised on June 5, 2019. The design is complete and the plans and specifications are ready to go out to bid.
The project schedule shows bidding in early June, awarding in July, and work commencing in August 2022.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, approving the plans and specifications and authorize bid advertisement for the Fifth and Clover Streets Sewer Rehabilitation Project, CIP 08-21.
Prepared by: Chris Fong, Senior Associate Civil Engineer
Reviewed by: Brent Meyer, Community Development Director/City Engineer
Attachments:
1. Resolution
2. Vicinity Map
82093.00006\8679936.2
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND TO
APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE BID
ADVERTISEMENT FOR THE FIFTH AND CLOVER STREETS SEWER
REHABILITATION PROJECT, CIP #08-21
WHEREAS, the City of Woodland wishes to approve the plans and specifications for the Fifth and Clover Streets Sewer Rehabilitation Project; and WHEREAS, the City Council wishes to authorize bid advertisement for the Fifth and Clover Streets Sewer Rehabilitation Project
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 and authorizes bid advertisement for the Fifth and Clover Streets Sewer Rehabilitation Project, CIP #08-21.
PASSED AND ADOPTED this ___7th___ day of ___June___ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayra Vega, Mayor
ATTEST:
_____________________________
Ana B. Gonzalez, City Clerk
Attachment B: Fifth
and Clover Street
Project Area Map
Legend
COWGIS
Parcels
Aerial Imagery with Labels - 2021
Red: Band_1
Green: Band_2
Blue: Band_3
Notes
Approximately 1,000 feet of sewer line
replacement on Fifth and Clover Streets
0 500 1000 ft
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: F.14
SUBJECT: Construction Contract for Matmor Road and E. Gum Avenue Rehabilitation Project, CIP 19-05
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, 1.) Approving a construction contract for the Matmor Road and E. Gum Avenue Rehabilitation Project, CIP 19-05; awarding the construction contract in the amount of $5,191,118.00 to O.C. Jones & Sons, Inc. for the base bid only; authorizing a contract contingency up to 20% ($1,038,223.60); and authorizing the City Manager to execute the construction contract and change orders; and 2.) Approving a consultant services agreement for construction management and inspection services with Unico Engineering, Inc. in the amount of $762,412.60; authorizing a contract contingency up to 20% ($152,482.52); and authorizing the City Manager to execute the agreement and amendments.
Staff Contact:
Diana Ayón, Senior Associate Civil Engineer, (530) 661-5967, [email protected]
Fiscal Impact:
The Matmor Road and E. Gum Avenue Rehabilitation Project, CIP 19-05, is included in the Capital Budget in the amount of $10,379,877. Funding includes $4,396,000 in Road Maintenance and Rehabilitation Account (RMRA-SB1) funds, $2,767,877 in Measure E funds, $3,016,000 in Measure F funds, $100,000 in Water Enterprise funds, and $100,000 in Sewer Enterprise funds. This funding is included in the Capital Budget that will be presented to the Council for adoption on June 21 with the request for appropriation of the FY2023 funding. The total funding needed to complete this project spans multiple fiscal years through FY2025. Staff believes that the timing of the project execution and receipt of future RMRA-SB1 funding should coincide.
Future funding provided from Measure F is included in the most recent Spending Plan presented to the Council last month.
The difference between the total project budget and the amounts for the construction contract and consultant services contract is the amount budgeted for design, project management, and contingency.
Background:
In April 2017, Senate Bill 1 (SB1) was passed by the Legislature and signed into law by Governor Jerry Brown to address the significant funding shortfall for road maintenance and repair in the state. The bill includes funding for state transportation infrastructure, public transportation and cities and counties. The bill includes annual accountability provisions for cities and counties that ensure the community has access to information on projects proposed for SB1 funding and requirements to report on actual funding expenditures. Beginning in November 2017, the State Controller began depositing SB1 funding into the RMRA, a portion of which is distributed by formula directly to cities and counties. Since the City of Woodland began receiving its allocation, staff has annually identified this project to the California Transportation Commission (CTC) to accrue RMRA–SB1 funding until there were sufficient funds for construction.
The project will improve the mile-long corridor of Matmor Road from E. Main Street to Gibson Road, and the half-mile-long corridor of E. Gum Avenue from East Street to Matmor Road (see vicinity map below).
The improvements include pavement rehabilitation, restriping narrower travel lanes to slow traffic, adding buffered bike lanes, constructing ADA-compliant curb ramps and sidewalk repairs, installing drainage improvements, and completing traffic signal improvements. The project will transform the Matmor Road and E. Gum Avenue corridors into complete streets, providing improved bicycle, pedestrian and vehicle facilities to ensure the corridors meet the needs of all modes of travel. Improved roadway cross sections are included below. Additionally, the final striping plans showing the allocation of the roadway to various modes of travel along these two corridors are attached to this report.
E. Gum Avenue - East St to Matmor Rd (Typical Section):
Matmor Road - Gibson Rd to E. Main St (Typical Section):
On February 16, 2021, Council approved the design contract with Bennett Engineering and shortly thereafter design for the project began. On February 15, 2022, the council approved plans and specifications for the project.
The notice inviting bids was published on April 14, 2022, with an engineer’s estimate of probable construction cost for base bid only of $5.5 – 6.5 million. The project included a deductive alternate which would remove two concrete bus pads from the project scope. This deductive alternative was included to allow flexibility in awarding of the project to ensure the best use of available funding.
Public outreach will occur throughout the duration of construction. The construction contract requires the contractor to hold public meetings with adjacent/affected property owners to provide information regarding access restrictions, traffic control and progress of work. Meetings will be held based upon construction activities and public impact.
Discussion:
On May 12, 2022, the City received three bids for construction of the project. Staff performed due diligence in reviewing the bids and the bids complied with the technical submittal requirements. The City received the following bids:
Bid Summary
Bidder Base Bid Amount Deductive Alternate A
O.C. Jones & Sons, Inc. $5,191,118.00 ($53,200.00)
Granite Rock $5,377,632.50 ($55,977.50)
DeSilva Gates $6,600,000.00 ($71,147.00)
O.C. Jones & Sons, Inc. has been determined to be the lowest responsible, responsive bidder, which, per the bidding documents, was determined by the base bid amount.
Staff does not recommend awarding the deductive alternate. There are sufficient funds in the project to fund the installation of the two concrete bus pads and their installation increases the longevity of the roadway in high-use bus stop locations.
To provide adequate construction management and specialized inspection and testing services for the project, staff is requesting that the Council approve a consultant services agreement with Unico Engineering, Inc. in the amount of $762,412.60. Unico is on the City’s construction management and inspection services on-call list to be called upon on an as-needed basis. The on-call list was selected in September 2018 as part of a Request for Qualifications (RFQ) for construction management and inspection services. Unico has managed recent large City roadway construction projects that have installed similar improvements to this project.
Staff is requesting that the Council approve a contingency up to 20% on both the construction and consultant contracts to account for the work and inspection associated with unforeseen conditions with the project. This contingency percentage for both contracts is based on staff’s experience with similar roadway projects,
including underground impacts associated with the roadway reconstruction process.
Staff anticipates construction starting in late June 2022, with completion by December 2023; weather permitting. The project is anticipated to take two construction seasons to complete with most utilities, underground and concrete work to be completed in 2022 and roadway rehabilitation and signal upgrade work to be completed in 2023.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, 1.) Approving a construction contract for the Matmor Road and E. Gum Avenue Rehabilitation Project, CIP 19-05; awarding the construction contract in the amount of $5,191,118.00 to O.C. Jones & Sons, Inc. for the base bid only; authorizing a contract contingency up to 20% ($1,038,223.60); and authorizing the City Manager to execute the construction contract and change orders; and 2.) Approving a consultant services agreement for construction management and inspection services with Unico Engineering, Inc. in the amount of $762,412.60; authorizing a contract contingency up to 20% ($152,482.52); and authorizing the City Manager to execute the agreement and amendments.
Prepared by: Diana Ayón, Senior Associate Civil Engineer
Reviewed by: Brent Meyer, Community Development Director / City Engineer
Attachments:
1. Resolution
2. Matmor & E. Gum Striping Plans
82093.00001\8555510.2
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
APPROVING A CONSTRUCTION CONTRACT AND CONSULTANT AGREEMENT FOR THE MATMOR ROAD AND E. GUM AVENUE REHABILITATION PROJECT, CIP 19-05
WHEREAS, the City of Woodland has funding in the Capital Budget for the Matmor Road and E. Gum Avenue Rehabilitation Project, CIP 19-05 (the “Project”); and WHEREAS, the Project has been reviewed in accordance with the California Environmental Quality Act (CEQA), and the Project is to be exempt under CEQA Guidelines; and
WHEREAS, the City Council approved the plans and specifications and authorized bid advertisement on February 15, 2022; and
WHEREAS, the City opened bids on May 12 th, 2022, and of the three received bids, the lowest responsive, responsible bidder was O.C. Jones & Sons, Inc. with a base bid in the amount of $5,191,118.00; and
WHEREAS, the City wishes to award the construction contract to O.C. Jones & Sons, Inc. in the amount of $5,191,118.00 and authorize a contingency up to 20% ($1,038,223.60); and WHEREAS, the City desires to have the construction management, inspection and testing performed by an experienced consultant that has managed similar recent large roadway construction projects for the City; and
WHEREAS, the City wishes to approve the consultant services agreement for construction management and inspection services with Unico Engineering, Inc. in the amount of $762,412.60 and authorize contingency up to 20% ($152,482.52); and
WHEREAS, the City Council wishes to approve the above mentioned contracts and authorize their 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 construction contract with O.C. Jones & Sons, Inc. in the amount of $5,191,118.00. The City Manager is hereby authorized and directed to execute the contract and change orders up to 20% ($1,038,223.60) of the original contract amount, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized herein does not change.
Section 2. The City Council hereby approves the consultant services agreement with Unico Engineering, Inc. in the amount of $762,412.60. The City Manager is hereby authorized and
82093.00001\8555510.2
directed to execute the contract and change orders up to 20% ($152,482.52) of the original contract amount, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized herein does not change.
Section 3. Copies of the Construction Contract and Consultant Agreement for Construction Management and Inspection Services are available and on file in the City Clerk’s office, and are incorporated herein by reference and made part of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of City Council held on the 7th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayra Vega, Mayor
ATTEST:
______________________________
Ana B. Gonzalez, City Clerk
City of Woodland
TRUSTED ENGINEERING ADVISORSCIP 1
00AT0OR ROAD E GU0A9ENUE REHA%ILITATIONPA9E0ENT DELINEATION PLANSTA 01020 WR STA 02100 2PD1N1214 CARRIAGE DR1210 CARRIAGE DR1206 CARRIAGE DR1202 CARRIAGE DR1401 TOWSE DR 1180 MATMOR RD1180 MATMOR RD
MATMOR RD.TOWSE DR.
1246 CARRIAGE DR
1180 MATMOR RD
1242 CARRIAGE DR1238 CARRIAGE DR1234 CARRIAGE DR1230 CARRIAGE DR1226 CARRIAGE DR1222 CARRIAGE DR1218 CARRIAGE DR MATMOR RD.
STRIPING & SIGNAGE
PAVEMENT DELINEATION & SIGNINGGENERAL NOTES
LEGEND
City of Woodland
TRUSTED ENGINEERING ADVISORSCIP 1
00AT0OR ROAD E GU0A9ENUE REHA%ILITATIONPA9E0ENT DELINEATION PLANSTA 02100 WR STA 0100 2PD2N927 MATMOR RD923 MATMOR RD919 MATMOR RD915 MATMOR RD911 MATMOR RD1408 E GUM AVE 1389 LEO WAY1390 LEO WAY1393 ELWOOD ST902 MATMOR RD1368 E GUM AVE 907MATMORRD907MATMORRD
MATMOR RD.ELWOOD ST.
PRAIRIE ELEMENTARY SCHOOL939 MATMOR RD935 MATMOR RD931 MATMOR RD 1390 LEO WAY1180 MATMOR RDLEO WAYMATMOR RD.
STRIPING & SIGNAGE
PAVEMENT DELINEATION & SIGNINGGENERAL NOTES
LEGEND
City of Woodland
TRUSTED ENGINEERING ADVISORSCIP 1
00AT0OR ROAD E GU0A9ENUE REHA%ILITATIONPA9E0ENT DELINEATION PLANSTA 0100 WR STA 0100 2PDN1401 IRENE DR1402 WILLOW SPRINGS DR715 MATMOR RD711 MATMOR RD709 MATMOR RD 1391 PEAR PL724 MATMOR RD720 MATMOR RD716 MATMOR RD712 MATMOR RD708 MATMOR RD704 MATMOR RDMATMOR RD.PEAR CT.
WILLOW SPRINGS DR.
1401 E GUM AVE813 MATMOR RD809 MATMOR RD805 MATMOR RD1402 IRENE DR 1391 E GUM AVE1390 APPLE CT780 MATMOR RD1390 PEAR PL
E. GUM AVE.
APPLE CT
IRENE DR.MATMOR RD.
STRIPING & SIGNAGE
PAVEMENT DELINEATION & SIGNINGGENERAL NOTES
LEGEND
City of Woodland
TRUSTED ENGINEERING ADVISORSCIP 1
00AT0OR ROAD E GU0A9ENUE REHA%ILITATIONPA9E0ENT DELINEATION PLANSTA 0100 WR STA 0100 2PDN623 MATMOR RD615 MATMOR RD1400 CRYSTAL SPRINGS DR601-603 MATMOR RD 624 MATMOR RD620 MATMOR RD1398 DODDS DR1397 DODDS DR1398 E OAK AVEMATMOR RD.DODDS DR.
CRYSTAL SPRINGS DR.
E OAK AVE.
701 MATMOR RD651 MATMOR RD647 MATMOR RD643 MATMOR RD639 MATMOR RD629 MATMOR RD627 MATMOR RD 704 MATMOR RD1398 COLETTE WAY1399 COLETTE WAY640 MATMOR RD636 MATMOR RD632 MATMOR RD628 MATMOR RD624 MATMOR RDMATMOR RD.COLETTE WAY SPRINGCREEK DR.
STRIPING & SIGNAGE
PAVEMENT DELINEATION & SIGNINGGENERAL NOTES
LEGEND
City of Woodland
TRUSTED ENGINEERING ADVISORSCIP 1
00AT0OR ROAD E GU0A9ENUE REHA%ILITATIONPA9E0ENT DELINEATION PLANSTA 0100 WR STA 0100 2PDN0 MATMOR RD475 MATMOR RD475 MATMOR RD
1399 COLFAX PL1370-1390 E MAIN STMATMOR RD.MATMOR RD.DRIVEWAY 595 MATMOR RD591 MATMOR RD575 MATMOR RD
590 MATMOR RD1398 EAGLEROCK PL1399 EAGLEROCK PL1398 COLFAX PLMATMOR RD.E OAK AVE.
STRIPING & SIGNAGE
PAVEMENT DELINEATION & SIGNINGGENERAL NOTES
LEGEND
City of Woodland
TRUSTED ENGINEERING ADVISORSCIP 1
00AT0OR ROAD E GU0A9ENUE REHA%ILITATIONPA9E0ENT DELINEATION PLANSTA 0100 WR STA 000 2 PDN19AR%I.E LANE SY0%OL DETAIL29ARCONFLICT =ONE DETAIL 445 MATMOR RD1400 E MAIN ST0 E MAIN ST
1392 E MAIN STEAST MAIN ST.MATMOR RD.
STRIPING & SIGNAGE
PAVEMENT DELINEATION & SIGNINGGENERAL NOTES
LEGEND
City of Woodland
TRUSTED ENGINEERING ADVISORSCIP 1
00AT0OR ROAD E GU0A9ENUE REHA%ILITATIONPA9E0ENT DELINEATION PLANSTA G1000 WR STA G10 0
0PD
N
1300 E GUM AVE
819 HELEN WAY820 HELEN WAYE. GUM AVE.HELEN WAY
1300 E GUM AVE
819 HELEN WAY820 HELEN WAYE. GUM AVE.HELEN WAYSTRIPING & SIGNAGE
PAVEMENT DELINEATION & SIGNINGGENERAL NOTES
LEGEND901 EAST ST0 EAST ST1224 E GUM AVE1224 E GUM AVE
825 EAST ST845 EAST STE. GUM AVE.EAST ST.
City of Woodland
TRUSTED ENGINEERING ADVISORSCIP 1
00AT0OR ROAD E GU0A9ENUE REHA%ILITATIONPA9E0ENT DELINEATION PLANSTA G10 0 WR STA G11
0
1PD
N
901 LEO WAY900 DEBORAH ST901 DEBORAH ST1324 E GUM AVE1328 E GUM AVE1332 E GUM AVE 1339 E GUM AVE1335 E GUM AVE1331 E GUM AVE1327 E GUM AVE1323 E GUM AVE1319 E GUM AVE1315 E GUM AVE1309 E GUM AVE1305 E GUM AVEE. GUM AVE.LEO WAYDEBORAH ST.
STRIPING & SIGNAGE
PAVEMENT DELINEATION & SIGNINGGENERAL NOTES
LEGEND900 LEO WAY
1305 E GUM AVE819 THOMAS ST820 THOMAS ST819 BARBARA WAY820 BARBARA WAYE. GUM AVE.BARBARA WAYTHOMAS ST. 900 LEO WAY
1305 E GUM AVE819 THOMAS ST820 THOMAS ST819 BARBARA WAY820 BARBARA WAYE. GUM AVE.BARBARA WAYTHOMAS ST.
City of Woodland
TRUSTED ENGINEERING ADVISORSCIP 1
00AT0OR ROAD E GU0A9ENUE REHA%ILITATIONPA9E0ENT DELINEATION PLANSTA G11 0 WR STA G12000
2PD
N
19ARSTOP %AR AND LEGEND (NTS)29ARSTANDARD CROSSWAL. (NTS)9ARHIGH9ISI%ILITY CROSSWAL. (NTS) 902 MATMOR RD1360 E GUM AVE1364 E GUM AVE1368 E GUM AVE 1385 E GUM AVE1381 E GUM AVEE. GUM AVE.MATMOR RD.STRIPING & SIGNAGE
PAVEMENT DELINEATION & SIGNINGGENERAL NOTES
LEGEND1332 E GUM AVE1336 E GUM AVE1340 E GUM AVE1344 E GUM AVE1346 E GUM AVE1348 E GUM AVE1350 E GUM AVE1354 E GUM AVE1360 E GUM AVE 1375 E GUM AVE1371 E GUM AVE1347 E GUM AVE1345 E GUM AVE1343 E GUM AVE1341 E GUM AVE1339 E GUM AVEE. GUM AVE.
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: F.15
SUBJECT: List of Projects for FY 22/23 Funded by SB1 RMRA
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, adopting a list of projects for FY 22/23 funded by SB1 Road Maintenance and Rehabilitation Account (RMRA) funds.
Staff Contact:
Diana Ayón, Senior Associate Civil Engineer, (530) 661-5967, [email protected]
Fiscal Impact:
In fiscal year 22/23, the City will receive an estimated $1,389,973 from the Road Maintenance and Rehabilitation Account (RMRA) created by Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017. The list of projects that are funded in-part or solely with FY 22/23 RMRA revenue are included in the current Capital Budget. Due to SB1 funding requirements, staff will return annually (prior to July 1 each year) to establish the City’s priority for receipt of RMRA funding.
The projected revenue to the City of Woodland for the first ten years of SB1 RMRA is just over $16 million.
There is no impact to the General Fund.
Background:
In April 2017, Senate Bill 1 (SB1) was passed by the Legislature and signed into law by Governor Jerry Brown to address the significant funding shortfall for road maintenance and repair in the state. The bill includes funding for State transportation infrastructure, public transportation and cities and counties. The bill includes annual accountability provisions for cities and counties that ensure the community has access to information on projects proposed for SB1 funding and requirements to report on actual funding expenditures. Beginning in November 2017, the State Controller began depositing SB1 funding into the RMRA, a portion of which is distributed by formula directly to cities and counties.
For the City of Woodland to continue receiving its allocation, the City must annually adopt a list of projects that will be funded in-part or solely with the following fiscal year’s RMRA revenues. Additionally, Staff submits project details and budget documentation to the CTC by July 1 each year for verification of compliance with SB1 requirements. The process of adopting a list of RMRA funded projects included in the Capital Budget and reporting to the CTC is an annual requirement of SB1 funding.
Discussion:
The estimated RMRA revenue for FY 22/23 is $1,389,973.
The following is the previously adopted list of projects (identified in the current Capital Budget) that may also utilize FY 22/23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
CIP #13-05: East Main Street Improvement Project
CIP #19-05: 2020 Road Rehabilitation Project – Matmor Road & E. Gum Avenue CIP #20-01: Gibson Road Bicycle/Pedestrian Mobility Project – East to West Street
CIP #20-08: W. Gibson Road Rehabilitation Project – West Street to CR 98 The annual submittal of project details to the CTC does not preclude the City from amending the funded projects to align with City needs and priorities as long as all projects are consistent with RMRA priorities and are eligible road maintenance and rehabilitation projects.
SB1 funding has a requirement that funded projects be identified in the City’s Capital Improvement Budget and Council adopt the list of RMRA funded projects each year. However, the City is only required to identify one year at a time. Thus, the current Council action for adopting a project list funded by RMRA only addresses the upcoming fiscal year. Future year’s project funding shown in the project budget is for informational purposes and will be appropriated annually as the SB1 funding is received.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, adopting a list of projects for FY 22/23 funded by SB1 Road Maintenance and Rehabilitation Account (RMRA) funds.
Prepared by: Diana Ayón, Senior Associate Civil Engineer
Reviewed by: Brent Meyer, CDD Director/City Engineer
Attachments:
1. Resolution
2. CIP Sheets
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND TO ADOPT A LIST OF PROJECTS FOR FY 22/23 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure residents are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City adopts a Capital Budget which includes all projects to receive funding from Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which includes a description and the location of each proposed project; and WHEREAS, the City will receive an estimated $1,389,973 in RMRA funding in Fiscal Year 2022/23 from SB1; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:
Section 1. The City Council hereby adopts the following previously proposed and adopted list of projects that may also utilize FY 22/23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
CIP #13-05: East Main Street Improvement Project
The estimated useful life of the project is 7-10 years. Construction started in July 2021, with completion anticipated in July 2022. CIP #19-05: 2020 Road Rehabilitation Project – Matmor Road & E. Gum Avenue The estimated useful life of the project is 15-20 years. Start construction in June 2022, with completion anticipated in December 2023. CIP #20-01: Gibson Road Bicycle/Pedestrian Mobility Project – East to West Street The estimated useful life of the project is 15-20 years. Construction started in July 2021, with completion anticipated in December 2022. CIP #20-08: W. Gibson Road Rehabilitation Project – West Street to CR 98 The estimated useful life of the project is 15-20 years. Construction started in July 2021, with completion anticipated in December 2022.
PASSED AND ADOPTED this 7th day of June 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: June 7, 2022
ITEM #: F.16
SUBJECT: Final Acceptance and Notice of Completion for the 2021 Sewer and Water Repair and Replacement Project, CIP 20-14
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, accepting the construction contract for the 2021 Sewer and Water Repair and Replacement Project, CIP 20-14, with Wahlund Construction, Inc., as complete and authorizing the City Clerk to file a Notice of Completion.
Staff Contact:
Mark Miller, Associate Engineer - (530) 661-5968; [email protected]
Fiscal Impact:
The authorized contract amount with Wahlund Construction, Inc. is $4,264,778.50 with an approved contingency amount of $526,478. Three change orders have been executed in a total amount of $408,754.33, which results in a total construction contract of $4,673,532.83.
The project has an authorized total budget of $5,550,000 funded through Water Enterprise ($2,900,000) and Sewer Enterprise ($2,650,000) Funds. All work was completed within the authorized project budget.
There is no impact to the City’s General Fund.
Background:
In addition to repairing defects in the existing sewer infrastructure along Gum and Marshall Avenues, the Project (CIP 20-14) was scoped as a continuance of the sewer trunk interceptor installed with CIP 20-07, the 2020 Sewer and Water Repair and Replacement Project. This new interceptor sewer is the result of a multi- year capacity reallocation project designed to transfer flows from the Beamer Trunk Sewer to the Gibson Trunk Sewer and to repair existing sewer deficiencies further upstream on Pendegast Street. Construction of the new, deeper sewer will finish in the 2022 Sewer and Water Repair and Replacement Project, CIP 21-01.
Approximately 2,800 feet of mainline sewer was installed by the 2021 Project, including 15 new manholes, 44 new service laterals and 150 feet of mainline installed within a steel casing pipe beneath the Union Pacific Railroad tracks at the intersection of Gum Avenue and East Street. The pre-existing, deficient sewer system installed in 1917 was abandoned in place once the new mainline was connected, tested and made live. Concurrent with the sewer work, just over 6,000 linear feet of mainline water pipe was replaced by the Project, thereby eliminating a portion of the antiquated system of 2-inch diameter cast iron water mains which are located behind sidewalks. These 2-inch mains are notorious for problems such as breaks and leaks as they are buried shallow enough to be subject to diurnal fluctuations in temperature and can be disturbed by homeowner’s yard improvements. The Project constructed new 8-inch diameter mains in the street and connected adjacent residences with new polyethylene services that deliver more reliable water pressure and uninterrupted water service for 79 residences.
In anticipation of an upcoming road project on Matmor Road and E. Gum Avenue, CIP 20-14 was originally designed to include the necessary water repairs on E. Gum between East and Thomas Streets to replace aging infrastructure before the road is reconstructed. After design of CIP 20-14 was complete and the Project had started construction, staff identified additional water and sewer repairs on Matmor Road that were added to the contract with Wahlund Construction to resolve conflicts with the upcoming road project.
Discussion:
Three change orders for CIP 20-14 have been executed to date in the amount of $408,754.33. The first change order compensated the contractor for scope changes and plan revisions related to encountering unidentified electrical conduits in Gum Avenue, which required an extension of the bore and jack operation beneath the Union Pacific Railroad, as well as extra work when unforeseen subsurface conflicts were encountered constructing the water main. The second change order was for water and sewer infrastructure replacement on Matmor Road and E. Gum Avenue in order to lower these utilities to a sufficient depth where they would no longer be in conflict with the upcoming road reconstruction project, CIP 19-05. The final change order accounts for additional work above the original bid amounts (primarily extra asphalt paving) and compensating the contractor for excavation and construction of new road base along Marshall Avenue where asphalt paving was encountered directly on native clay soil. The total change order amount is $408,754.33, which is $117,723.67 less than the authorized construction contract contingency. A breakdown of project expenditures is enumerated in the table below:
Construction Contract $4,264,779
Project Design $289,060
Change Orders $408,754
Total Construction Cost $4,962,593
Project Management and Staff Time $110,973
Construction Inspection $309,847
Railroad Pipeline Licensing $1,510
Total Project Cost $5,384,923
Total Project Budget $5,550,000
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, accepting the construction contract for the 2021 Sewer and Water Repair and Replacement Project, CIP 20-14, with Wahlund Construction, Inc., as complete and authorizing the City Clerk to file a Notice of Completion.
Prepared by: Mark Miller, Associate Engineer
Reviewed by: Tim Busch, Principal Utilities Civil Engineer Brent Meyer, Community Development Director / City Engineer
Attachments:
1. Resolution
82093.00006\8679936.2
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND TO ACCEPT THE 2021 SEWER AND WATER REPAIR AND REPLACEMENT PROJECT, CIP 20-14,
CONSTRUCTION CONTRACT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION.
WHEREAS, the City Council approved the plans and specifications for the 2021 Sewer & Water Repair & Replacement Project, CIP 20-14 (the “Project”) and authorized advertisement for bids on December 1, 2020; and the City of Woodland advertised for bids on January 6, 2021; and WHEREAS, the City Council approved Resolution 7650 on February 16, 2021, to execute a construction contract with Wahlund Construction, Inc., in the amount of $4,264,778.50 and approved a 10% construction contingency ($426,478) for the Project with a total project budget of $5,550,000; and WHEREAS, the City Council approved Resolution 7852 on February 15, 2022, to increase the available construction contingency to $526,478 for a total contract amount of up to $4,791,256.50; and WHEREAS, the construction of the Project began on April 26, 2021 and was completed on May 13, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:
Section 1. The City Council hereby accepts the 2021 Sewer & Water Repair & Replacement Project, CIP 20-14 as complete.
Section 2. The City Council hereby authorizes the City Clerk to file a Notice of Completion for the 2021 Sewer & Water Repair & Replacement Project, CIP 20-14.
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 7th day of June 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: June 7, 2022
ITEM #: F.17
SUBJECT: Public Improvement Loan Agreement - Courtyard by Marriott and Hilton Home2 Suites
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, approving a General Fund appropriation (101) of $500,000 and authorizing the City Manager to enter into a Public Improvement Loan Agreement with Woodland Partners I, LLC.
Staff Contact:
Erika Bumgardner, Business Development Liaison, (530) 661-5886, [email protected]
Fiscal Impact:
There is a short-term fiscal impact on the City as a result of the recommended action to provide a $500,000 Public Improvement Loan from the General Fund to Woodland Partners I, LLC. The loan will be used for the completion of off-site public improvements associated with the construction of two hotel projects, Courtyard by Marriot and Hilton Home2 Suites, at E. Main Street and Douglas Lane. The loan will be paid back to the City in full, within ten years by Woodland Partners. The gap financing that the loan provides will result in the long- term generation of Transient Occupancy Tax from the two new hotels as well as sales and property tax; revenue that the City would not otherwise receive. The combined annual TOT revenue from both hotels is expected to exceed $600,000 within 24 months of project completion/operation. Additionally, the City will receive over $1.7 million in Development Impact Fees.
Background:
In November 2018, the City of Woodland approved a Zoning Administrator Permit for two hotels located at 1981 E. Main Street and 441 Douglas Lane, including an 83-room, 4-story Courtyard by Marriott and a 98- room, 4-story Hilton Tru. Following approval, the applicant requested a modification to the Courtyard plans to add an additional 26 rooms and increase the building height from four to five stories. Additionally, the Hilton Tru brand was modified to an extended stay Hilton Home2 Suites. In each case, city staff assessed the modification for consistency with the General Plan, Zoning Code and Zoning Administrator Permit and found the requested changes to be in substantial conformance with the original approval.
The hotels, anticipated to break ground in Summer 2022, will be located at the southeast corner of E. Main Street and Douglas Lane and at the northeast corner of Hays and Douglas Lanes respectively, in the Regional Commercial/Light Industrial Flex Overlay Zone. In November 2021, City Council approved a Fee Deferral Agreement with Woodland Partners I and II, LLC and Woodland Lodging for the hotel projects. The agreements defer development impact fees for five years from project completion at 3.5 percent interest.
Discussion:
Significant infrastructure and on- and off-site civil improvements are required with the construction of the Courtyard by Marriot and Hilton Home2 Suites projects. Public improvements include: extension of the existing E. Main Street center median to prohibit left turn movements onto E. Main Street from Douglas Lane; E. Main and Douglas Lane intersection improvements; landscape and irrigation replacement and enhancements within the existing and expanded median on E. Main Street; and the installation of full sidewalk/curb/gutter and street lights along E. Main Street, Douglas and Hays Lanes, bordering the project site. The sidewalk improvements will extend just past the project property boundary to connect with existing sidewalk improvements to the east along E. Main Street and Hays Lane. The sidewalk improvements will complete this
public amenity along the entirety of the block to CR102.
Current labor, materials and construction costs have made it difficult for businesses to secure bank loans to cover project costs without substantial up-front financial commitment from the business owner. The project owner in this case is investing significant capital toward securing the loan, in addition to funds already spent securing the 3.5-acre project site, project entitlements and building and civil improvement plans. However, additional support is requested of the City, specifically for the completion of off-site public improvements to fill a remaining gap in early phase project financing.
City staff recommends that the City Council approve a $500,000 Public Improvement Loan to help fill this gap, to allow the owner to secure their bank loan and enable the project to successfully break ground as early as Summer 2022. The loan would go toward project improvements that benefit the broader public, including sidewalk and lighting installation, vehicle safety improvements along E. Main Street through median and intersection improvements at E. Main and Douglas Lane, and median landscape enhancements which will visually enhance this gateway intersection (E. Main and CR102).
The recommended Public Improvement Loan Agreement is structured to be paid back in full over a ten-year period from project completion at three percent interest. However, it is anticipated that the General Fund loan will be offset within one to three years of project completion through Transient Occupancy Tax (TOT) revenue to the city, as well as increased sales and property tax. Based on prior years TOT revenue assessment of similarly sized hotels in Woodland, it is anticipated that each hotel, Courtyard and Home2 Suites, will generate over $300,000 in annual TOT revenue. This is new revenue for the city that would more than offset the initial loan amount within a short period of time.
The owner/developer owns and manages the successful Fairfield Inn and Suites hotel located on Freeway Drive, completed in 2016. Woodland Partners I, LLC wishes to move forward with Courtyard and Home2 Suites in Woodland, bringing vitality to a longstanding vacant and unattractive site at E. Main Street and Hays and Douglas Lanes, just west of CR102. The Public Improvement Loan Agreement includes a Deed of Trust and Promissory Note secured against the well-established Fairfield Inn and Suites hotel, providing the City with payment security in the event of any issues with future loan repayment. Should the two new hotels not move forward, the loan will be reimbursed in full to the City.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, approving a General Fund (101) appropriation of $500,000 and authorizing the City Manager to enter into a Public Improvement Loan Agreement with Woodland Partners I, LLC.
Prepared by: Erika Bumgardner, Business Development Liaison
Reviewed by: Brent Meyer, Community Development Director / City Engineer
Attachments:
1. RESOLUTION Public Improvement Loan Agreement
82093.00086\32982382.1
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING A GENERAL FUND (101) APPROPRIATION OF $500,000 AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT
WITH WOODLAND PARTNERS I LLC FOR PUBLIC OFF-SITE IMPROVEMENTS
ASSOCIATED WITH THE DEVELOPMENT OF THE COURTYARD BY MARRIOTT AND HILTON HOME2 SUITES HOTELS IN WOODLAND
WHEREAS, Woodland Partners I, LLC have received all needed entitlements and approvals for the Courtyard by Marriott and Hilton Home2 Suites hotels; and WHEREAS, Woodland Partners I and Woodland Partners II own undeveloped 1.9 and 1.6 acre parcels (APN 027-310-064 and 027-310-068) that they wish to develop with two new hotels:
a 109-room Courtyard by Marriott and a 95-room Hilton Home2 Suites; and WHEREAS, the new hotels will bring vitality to an underutilized development site within the City of Woodland, providing additional visitor amenities as well as local jobs; and WHEREAS, the new hotels will result in positive fiscal impacts to the city in the form of increased property, sales and transient occupancy tax; and WHEREAS, under the terms of the Agreement, the loan will be repaid over a ten (10) year period at 3 percent interest. The first payment will be due twelve months from the date of issuance of the certificate of occupancy on both hotels; and
WHEREAS, Woodland Lodging, a limited liability company that is owned and controlled by the same managing member as Woodland Partners I, LLC, is the owner of the Fairfield Inn and Suites located on Freeway Drive, and desires that the Fairfield Inn and Suites property be offered as security for the loan agreement; and
WHEREAS, the loan agreement will therefore be secured by execution of a promissory note by both Woodland Partners I, LLC and Woodland Lodging and a deed of trust secured by the Fairfield Inn and Suites property and executed by Woodland Lodging; and WHEREAS, the hotel projects, including off-site public improvements, are exempt from the provisions of CEQA as the projects are considered Class 32 In-Fill Development (CEQA Guidelines §15332).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:
Section 1. Approves an appropriation of $500,000 from General Fund (101) reserves to the Economic Development Budget; and
82093.00086\32982382.1
Section 2. Authorizes the City Manager to execute a Loan Agreement with Woodland Partners I, LLC to provide up to $500,000 toward public, off-site improvements associated with the construction of the Courtyard by Marriott and the Hilton Home2 Suites hotels in Woodland.
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 7th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Mayra Vega
Mayor
ATTEST:
Ana B. Gonzalez Ethan Walsh
City Clerk City Attorney
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: F.18
SUBJECT: Purchase of Magnesium Hydroxide with Hill Brothers Chemical Company
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, which authorizes the City Manager to purchase magnesium hydroxide under contract #000804 with Hill Brothers Chemical Company for a total of $246,000 in FY22 and $254,000 in FY23.
Staff Contact
Shane Carlsen, Treatment Plant Superintendent, (530)661-2054, [email protected].
Fiscal Impact
These purchases can be accommodated within the department budget by postponing other item purchases. No additional funds are being requested at this time for FY22 and FY23. The purchase will be funded entirely from the Sewer enterprise fund. Staff will request additional allowances in future budgets to ensure sustainable maintenance and operation of the facility.
Background
Groundwater and surface water differ in Ph, and as the City changes its water supply, the transition has an effect on the effluent chemistry. The biological treatment process can only occur within a range of Ph values, so magnesium hydroxide (MgOH) is added to bring the effluent chemistry into the proper range. After evaluating a variety of MgOH products, staff selected the MgOH manufactured by Hill Brothers based on its reliable quality, local production and price. The company also provides diagnostic services and support to ensure the dosage is effective and efficient. In October of 2019, the City entered into contract #00804.
Discussion
he 2019 multi-year contract with Hill Brothers Chemical includes a not-to-exceed annual price increase of 3%.
The volume of MgOH that the WPCF requires to meet NPDES discharge standards has increased, and fluctuates with changes in the source water Ph. While the contract does not quantify the amount of MgOH the WPCF will purchase, the resolution did contain a dollar value based on an estimated quantity of consumption, and that determined the purchase authority. The plant will exceed that estimated quantity this year, and staff is requesting additional spending authority for FY22 as well as the spending authority necessary to purchase the MgOH estimated to provide treatment in FY23. The increase in cost for the purchase of the additional MgOH will be approximately $60,000 per year.
Conclusion
Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to increase and execute the purchase of magnesium hydroxide from Hill Brothers Chemical Company in an amount not-to- exceed $246,000.00 for FY22 and $254,000 for FY23.
Prepared by: Shane Carlsen, Treatment Plant Superintendent
Reviewed by: Craig Locke, Public Works Director
Attachments:
1. 22.05.26 Hill Brothers_Resolution
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND GRANTING
THE CITY MANAGER AUTHORITY TO PURCHASE MAGNESIUM HYDROXIDE USING CONTRACT #00804 WITH HILL BROTHERS CHEMICAL COMPANY, IN AN AMOUNT OF $246,000.00 FOR FY22 AND FOR $254,000 FOR FY23
WHEREAS, adding alkalinity to the City’s wastewater controls the PH level and maintains a heathy environment for the treatment plant biology to grow and thrive and maintain acceptable final effluent quality.
WHEREAS, using alkalinity chemicals is a required step in the wastewater treatment process at the City’s Water Pollution Control Facility (WPCF), which governed by the City’s National Pollutant Discharge Elimination System (NPDES) permit administered by the Regional Water Quality Control Board.
WHEREAS, the magnesium hydroxide provided by Hill Brother Chemical Company has been proven successful in providing the proper environment for the biologic treatment process at the City WPCF WHEREAS, Hill Brother Chemical Company staff also provides support for City staff with evaluating Magnesium hydroxide formulation and dosing to ensure the City is using the products in the most cost-effective manner; and
WHEREAS, the City entered into contract #00804 with Hill Brother Chemical Company to provide chemicals and support for City staff; and
WHEREAS, this authorization shall be for the remainder of FY 22 and is in an amount not-to-exceed $246,000.00, this includes the $199,147 already spent this year for a total of $246,000 for FY22, and $254,000.00 for FY23; and
WHEREAS, funding for these chemicals has been previously approved in the FY22 budget and, no additional funds are being requested,
NOW, THEREFORE, BE IT RESOLVED
SECTION 1.The above recitals are true and correct and adopted herein by this reference.
SECTION 2.That the City Council hereby approves and adopts the purchase of magnesium hydroxide from Hill Brothers Chemical Company, in an amount not-to-exceed $246,000.00 for FY 22 and $254,000.00 for FY23, with Hill Brothers Chemical Company for the same.
SECTION 3.That the City Council hereby authorizes The City Manager to approve the purchase with Hill Brothers Chemical Company, in an amount not-to-exceed $246,000.00 for FY22 and $254,000.00 for FY23, for the purchase of magnesium hydroxide.
PASSED AND ADOPTED this 7th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayra Vega, Mayor
APPROVED AS TO FORM:
_________________________________________
Ethan Walsh, City Attorney
ATTEST:_________________________________________
Ana Gonzalez, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: F.19
SUBJECT: Waste Management Delinquent Garbage/Refuse Accounts - Call for Public Hearing
Recommendation for Action: Staff recommends that the City Council set a Public Hearing for July 19, 2022 to hear and approve the list of Delinquent Refuse Accounts and direct the Tax Collector of Yolo County to assess liens against real property to collect delinquent payments.
Staff Contact:
Ana B. Gonzalez, City Clerk (530) 661-5806, [email protected]
Fiscal Impact:
There is little to no fiscal impact on the City to maintain the current process, other than time constraints for processing and releasing the liens. The fees for the recordings are attached to the total amount liened, so the property owner assumes that cost.
Report in Brief:
This action requests that the City Council set a date for the annual adoption of a Resolution to lien local properties for failure to pay for their Waste Management services. Staff recommends that the City Council set a Public Hearing for July 19, 2022 to hear and approve the list of Delinquent Refuse Accounts and direct the Tax Collector of Yolo County to assess liens against real property to collect delinquent payments. Before filing a lien with the County, a Public Hearing needs to be held to allow protests of the proposed liens.
Prepared by: Ana B. Gonzalez, City Clerk
Attachments:
None
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: F.20
SUBJECT: Fastpitch Field Naming for Proposed Dowling Fastpitch Complex
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. ____ approving the name "Knaggs Family Field" for a fastpitch field at the proposed Dowling Fastpitch Complex.
Staff Contact: Christine Engel, Community Services Director (530) 661-2000; [email protected]
Fiscal Impact:The approval of a name for a field at the proposed Dowling Fastpitch Complex at the Woodland Sports Park would not result in a financial impact. Naming of a field, as a result of a donation received by the Woodland Recreation Foundation, does not obligate the City to contribute funding to the potential future construction of the facility.
Background: Efforts to develop potential additional sports facilities at the Woodland Sports Park began in June 2017. On March 6, 2018, the City Council received an update on the conceptual buildout of the Sports Park. Information provided at that time included a Woodland Community Sports Park Draft Master Plan for the buildout of the Sports Park, with an associated overall project cost estimate of approximately $16 million for design and construction of the new recreation facilities (Tennis, Soccer, Fastpitch Softball, and Skate Park).
On October 2, 2018, the City Council received an update on the proposed cost and fundraising plan to construct fastpitch fields at the Sports Park by Woodland Girls’ Fastpitch Softball Association (WGFSA). At this meeting, the City Council directed staff to continue to work with WGFSA and the soccer user groups on funding/phasing plans for the facilities each group proposed.
On February 18, 2020, the City Council adopted Resolution 7410 to approve the naming of the Proposed Fastpitch Complex as the "Dowling Fastpitch Complex" as a result of a donation received by the Woodland Recreation Foundation.
On November 17, 2020, the City Council adopted Resolution 7598 authorizing the City Manager to execute a license agreement with the Woodland Recreation Foundation for the construction of the Dowling Fastpitch Complex.
Discussion: The Woodland Recreation Foundation continues to work with Peabody Engineering to refine the layout of the proposed fastpitch fields, project cost, as well as construction phasing. They have been identifying components of the construction project that can be donated in order to reduce construction costs. They are hoping to begin construction in August/September 2022. They continue to fundraise for the project, most recently with a fundraising dinner hosted by Woodland Rotary.
Woodland Recreation Foundation has received a donation in the amount of $100,000 from the Knaggs Family Trust. With this donation, the Woodland Recreation Foundation would enter into a naming rights agreement with the donor that identifies the naming of a field as "Knaggs Family Field".
Conclusion: Staff recommends that the City Council adopt Resolution No. ____ approving the name "Knaggs Family Field" for a fastpitch field at the proposed Dowling Fastpitch Complex.
Attachments:
1. Resolution Naming Fastpitch Field Knaggs 2022
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
TO NAME FUTURE FASTPITCH FIELD
WHEREAS, City owns certain real property commonly referred to as the City’s Sports Park, located at 2001 East Street, Woodland, California; and
WHEREAS, City currently owns, maintains, and operates the entirety of the Sports Park; and WHEREAS, Woodland Recreation Foundation and Woodland Girls’ Fastpitch (User-Group) has an interest and desire to have a Fastpitch Complex constructed at the Sports Park (“Project”); and WHEREAS, City similarly desires to have a Fastpitch Complex constructed but lacks the necessary financial resources to fund its entire construction, and desires to partner with the User Group in order to bring the Project to fruition at the Sports Park; and
WHEREAS, the City entered into a license agreement with the Woodland Recreation Foundation for the construction of the Fastpitch Complex; and
WHEREAS, the City Council adopted a resolution for the fastpitch complex to be named “Dowling Fastpitch Complex”; and
WHEREAS, Woodland Recreation Foundation has secured a donation and desires to name a field “Knaggs Family Field”, and
WHEREAS, the naming of a Fastpitch field is not a project pursuant to CEQA because the approval to name the future field does not authorize actual construction or a physical change in the environment, but to the extent it is a project, the City Council previously analyzed the impacts from the Sports Park in the Spring Lake Specific Plan Environmental Impact Report and Addendum Number 6 prepared for that EIR, which was adopted by the City Council on March 1, 2005.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodland as follows:
Section 1: The City Council hereby approves the naming of a Fastpitch Field as “Knaggs Family Field” Section 2. Notice of Exemption. The City Council hereby finds that the approval to name a proposed Fastpitch Complex is exempt from CEQA pursuant to CEQA Guideline 15183(a) and 15061(b)(3) because the complex naming is not a project under CEQA, but even if it is, the City previously analyzed the Sports Park in the Spring Lake Specific Plan EIR and Addendum Number 6 to that EIR, which was approved by the City Council on March 1, 2005.
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 7th day of June, 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: June 7, 2022
ITEM #: G.21
SUBJECT: Public Hearing and Adoption of Amendment #1 to the Fiscal Year 2021/22 Community Development Block Grant Action Plan
Recommendation for Action: Staff recommends that the City Council Staff recommends that the City Council take the following actions:
1. Hold a public hearing to receive community input on the proposed amendment to the City’s Fiscal Year 2021/22 Community Development Block Grant Action Plan;
2. Adopt Resolution No. , approving Amendment #1 to the City’s CDBG FY 2021/22 Action Plan to appropriate additional CDBG funds of $51,000 for the City of Woodland Library ADA Restrooms Upgrade project;
3. Direct staff to complete the necessary paperwork to process Amendment #1, as well as any other related documents required by the U.S. Department of Housing and Urban Development (HUD), incorporating any public input received during the public comment period and tonight’s public hearing;
4. Direct staff to forward the completed Amendment #1 and related documents to HUD;
5. Authorize the City Manager to execute any agreements, contracts or related/required documents with the appropriate entities to carry out Amendment #1; and
6. Authorize the Finance Officer to make the budget allocation as specified.
Staff Contact: Dan Sokolow, Senior Planner, (530) 661-5927, [email protected]
Fiscal Impact:
There is no impact to the General Fund as Amendment #1 allocates $51,000 in FY 2021/22 CDBG funds (program income – repaid CDBG loans) for the Library ADA Restrooms Upgrade project.
Background:
The City of Woodland Library ADA Restrooms Upgrade was initially funded with $60,000 in CDBG funds in the City’s FY 2019/20 CDBG Action Plan. This project will upgrade the two patron restrooms (men’s and women’s) located on the first floor of the library in compliance with the Americans with Disabilities Act.
Discussion:
A portion of the FY 2019/20 CDBG funds, nearly $15,000, covered the design and preparation of a construction cost estimate. Additional funds were awarded for FY 2021/22 since the construction cost estimate was approximately $170,000. Because of the increases in material/labor costs since cost estimate was prepared and the need to retain a consultant to manage the bid process and construction, current funds of $187,782 are not sufficient to complete the project. Additional funds of $100,000 are being sought so the project can move forward this year. The additional funding will be covered through CDBG ($51,000) and Measure J ($49,000).
Funding for City of Woodland Library ADA Restrooms Upgrade Funding Award Amount Notes
FY 2019/20 CDBG Action Plan 60,000 Approximately $15,000 has been expended.
FY 2021/22 CDBG Action Plan 40,000
FY 2021/22 CDBG Action Plan 93,286.72 Program Income funds (repaid CDBG loans).
FY 2021/22 CDBG Action Plan 9,447.79 Re-programming of unexpended funds.
FY 2021/22 CDBG Action Plan
Amendment #1
51,000 Program Income funds (repaid CDBG loans).
Measure J 49,000
TOTAL $302,734.51 Approximately $287,000 would be available for construction and bid/construction management.
In compliance with the City’s CDBG Citizen Participation Plan, City noticed tonight’s public hearing, the availability of the purposed amendment to the City’s FY 2021/22 CDBG Action Plan, and a public comment period in the Sunday, May 1, 2022 edition of the Woodland Daily Democrat and the notice was posted to the City’s website along with a copy of the purposed amendment. The public comment period began May 6, 2022 and runs through June 6, 2022, a period of 30 days. The public may also submit comments for and at tonight’s public hearing. Staff will report this evening on the public comments received prior to tonight’s public hearing.
Conclusion:
Staff recommends that the City Council take the following actions.
1. Hold a public hearing to receive community input on the proposed amendment to the City’s Fiscal Year 2021/22 Community Development Block Grant Action Plan;
2. Adopt Resolution No. , approving Amendment #1 to the City’s CDBG FY 2021/22 Action Plan to appropriate additional CDBG funds of $51,000 for the City of Woodland Library ADA Restrooms Upgrade project;
3. Direct staff to complete the necessary paperwork to process Amendment #1, as well as any other related documents required by the U.S. Department of Housing and Urban Development (HUD), incorporating any public input received during the public comment period and tonight’s public hearing;
4. Direct staff to forward the completed Amendment #1 and related documents to HUD;
5. Authorize the City Manager to execute any agreements, contracts or related/required documents with the appropriate entities to carry out Amendment #1; and
6. Authorize the Finance Officer to make the budget allocation as specified.
These Actions are consistent with the CDBG Consolidated Plan goal of assisting low- and moderate-income persons.
Prepared by: Dan Sokolow, Senior Planner
Reviewed by: Evis Morales, Finance Officer
Reviewed by: Christine Engel, Community Services Director
Attachments:
1. Attachment A - Reso 2021-22 AP Amndt
2. Attachment B - Amndt 2021-22 AP
3. Pub Hear Notice+Draft AP
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND TO APPROVE THE SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2021/22
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN
WHEREAS, the City of Woodland (“City”) has received program income Community Development Block Grant (CDBG) Funds subject to the Department of Housing and Urban Development (HUD) regulations;
WHEREAS, HUD regulations require that a grantee’s citizen participation plan must specify what program changes constitute a “substantial” amendment to the Action Plan and what procedure will be used to amend the plan. Based on the 2007-2008 Citizen Participation Plan, this amendment constitutes a “substantial” amendment because it increases funding for a FY 2021/22 activity, Woodland Library ADA Restroom Upgrade, by more than 25 percent; and WHEREAS, the Substantial Amendment was made available to the public for a 30-day public comment period and public input has been incorporated into the Substantial Amendment.
NOW, THEREFORE, BE IT RESOLVED, as follows:
Section 1: This City Council hereby finds and determines that the foregoing recitals are true and correct.
Section 2: This City Council hereby approves the Substantial Amendment to the FY 2021/22 CDBG Annual Action Plan and appropriates an additional $51,000 from the CDBG Fund (320) for the Woodland Library ADA Restroom Upgrade.
Section 3: This City Council hereby directs staff to (a) complete the Substantial Amendment to the FY 2021/22 Action Plan, as well as any other items required by the U.S Department of Housing and Urban Development (HUD), incorporating the adopted funding allocation along with any public input received during the public comment period; and (b) forward the completed Substantial Amendment to HUD.
Section 4: This City Council hereby authorizes (a) the City Manager to execute any agreements, contracts or other documents with the appropriate entities to carry out the CDBG funded activity; and (b) the Finance Officer to make the budget allocations as specified.
Section 5: This Resolution shall take effect from and after the date of its passage and adoption.
PASSED, APPROVED AND ADOPTED this 7th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayra Vega, Mayor
ATTEST:
______________________________
Ana Gonzalez, City Clerk
APPROVED AS TO FORM:
______________________________
Ethan Walsh, City Attorney
Attachment
Amendment #1 to the FY 2021/22 CDBG Action Plan
CITY OF WOODLAND
FISCAL YEAR 2021/22 ACTION PLAN: AMENDMENT #1
Introduction
On July 20, 2021, the City of Woodland adopted the FY 2021/22 Action Plan covering the period of July 1, 2021 through June 30, 2022. The City’s Action Plan was approved by the U.S. Department of Housing and Urban Development in September 2021. The Action Plan is a planning document required by HUD for localities receiving federal Community Development Block Grant (CDBG) and other formula grant program funds.
The FY 2021/22 Action Plan outlines specific projects and activities that the City will carry out during the fiscal year of July 1, 2021 through June 30, 2022.
HUD regulations require that a grantee’s citizen participation plan must specify what program changes constitute a “substantial” amendment to the Action Plan and what procedure will be used to amend the plan. Based on the 2007-2008 Citizen Participation Plan, this amendment constitutes a “substantial” amendment because it increases the funding for an activity funded in the FY 2021/22 Action Plan by more than 25 percent.
The Amendment was noticed in the Woodland Daily Democrat on May 6, 2022 with a 31-day public comment starting on May 6, 2022 and continuing through June 6, 2022 in compliance with the 30-day review period identified in the City’s CDBG Citizen Participation Plan.
Proposed Amendment #1 to the Fiscal Year 2021/22 CDBG Action Plan The following budget adjustment will be made to the 2021/22 Action Plan through the use of CDBG Program Income funds (repaid CDBG loans). The PI funds are being used for an activity funded in the FY 2021/22 Action Plan.
Activity: Library ADA Restroom Upgrade
Agency: City of Woodland Library
Funding Amount: $51,000
Description – The Woodland Public Library is located at 250 First Street in Woodland.
CDBG funds will be used to upgrade the existing restrooms for Americans with Disabilities Act (ADA) compliance. Initially, the project was funded in FY 2019/20 in the amount of $69,447.79. A portion of the initial funds was used to design the improvements and obtain a construction cost estimate. For FY 2021/22, additional funds of $133,286.72 were provided. The FY 2021/22 Action Plan Amendment will increase the funding by $51,000. Separately, the City will provide $49,000 in Measure J funds (local sales tax measure) for the project.
NOTICE OF PUBLIC HEARING AND PROPOSED AMENDMENT
CITY OF WOODLAND
COMMUNITY DEVELOPMENT BLOCK GRANT
2021/22 ACTION PLAN SUBSTANTIAL AMENDMENT #1
Notice is hereby given that the City of Woodland intends to amend its 2021/22 Action Plan to allow for the reallocation of Community Development Block Grant funds. The Substantial Amendment describes one activity that will receive additional CDBG funds.
The public is invited to review draft Substantial Amendment #1 to the 2021/22 Action Plan. The City anticipates that an estimated $51,000 in CDBG funds will be reallocated through the Substantial Amendment for the Woodland Library ADA Restroom Upgrade project.
A public hearing will be held to receive citizen’s views on draft Substantial Amendment #1 to the 2021/22 Action Plan. This Public Hearing will be held on June 7, 2022 at 6:00 p.m. in the Council Chambers, City Hall, 300 First Street, Woodland, CA 95695. All interested citizens and public or private agencies serving the Woodland community are invited to attend the Public Hearing and/or submit comments.
Public comments received by the City on Substantial Amendment #1 will be incorporated into the final Plan as approved by the City Council. Notice is hereby given that the 31-day review period for the Substantial Amendment begins May 6, 2022 and ends on June 6, 2022. Copies of draft 2021/22 Action Plan Substantial Amendment #1 will be available at the City of Woodland’s Community Services Department (Woodland Community and Senior Center, 2001 East St., Woodland, CA 95776) and the Community Development Department (City Hall, 300 First St., Woodland, CA 95695) during regular business hours. For further information, contact Dan Sokolow, Senior Planner at (530) 661-5927 or [email protected].
-------------------------------------------------------------------------------------------------------------------------------------------- AVISO PÚBLICO
CUIDAD DE WOODLAND
ENMIENDA SUBSTANCIAL DEL PLAN DE ACCION DEL PROGRAMA PARA EL DESSAROLLO DE LA COMMUNIDAD DE LA CUIDAD DE WOODLAND 2021/22 (COMMUNITY DEVELOPMENT
BLOCK GRANT)
El aviso se da por este medio que la ciudad del Woodland propone a enmendar su plan de acción 2021/22 para permitir la reasignación del Desarrollo de la Comunidad (Community Development Block Grant – CDBG Funds).
La enmienda sustancial describe una actividad que recibirá fondos adicionales del CDBG.
Se invita al público que repase la enmienda substancial del plan de acción 2021/22. La ciudad anticipa que un estimado de $51,000 en fondos del CDBG se reasignara a través de la enmienda substancial para el proyecto de actualización de baños ADA para la biblioteca de la ciudad de Woodland.
Una audiencia pública será llevada a cabo para recibir las opiniones de miembros de la comunidad sobre la enmienda substancial del plan de acción 2021/22. Esta audiencia pública será llevada a cabo el 7 de junio de 2022 en 6:00 P.M. en la Sala del Consejo de la Ciudad, localizada en el 300 First St., en Woodland, CA. Se invita a todas personas interesadas y agencias públicas o privadas que sirven a la comunidad de Woodland que atiendan a la audiencia pública y/o entreguen comentarios.
Los comentarios del publico recibidos que se incorporan en el plan final aprobados por el ayuntamiento serán incluidos. Copias de la enmienda substancial del plan acción 2021/22 están disponibles en el Departamento de Servicios Comunitarios de la Ciudad de Woodland. Localizado en 2001 East St. Woodland, CA 95776 y en el Departamento del Desarrollo de la Ciudad de Woodland, localizado en 300 First St., Woodland, CA 95695. Favor
de comunicarse con Dan Sokolow, Senior Planner, al (530) 661-5927 o [email protected] para información adicional con respecto a la enmienda substancial.
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: H.22
SUBJECT: Appeal of Hearing Officer’s Decision to Uphold a Notice to Abate Nuisance regarding 210 Lincoln Avenue, Woodland, APN 006-581-001- 000 (“Subject Property”)
Recommendation for Action: Staff recommends that the City Council adopt Resolution No._____, affirming the Hearing Officer’s decision and upholding the March 2, 2022 Notice to Abate Nuisance in its entirety.
Staff Contact
Mini Garcia, Code Enforcement Officer, (530) 661-5837, [email protected]
Background
The Subject Property is owned by Karen Travenia (“Owner”) and consists of a 1,328-square-foot single-family home built in 1924. The Subject Property has been the subject of ongoing code enforcement efforts by the City since at least 2009, with a long history of break-ins by transients and vandals. The City has received numerous complaints regarding the property and has identified several violations of the Woodland Municipal Code (WMC) and ordered the owner of the property to repair or demolish the substandard building on the property.
City staff has tried for many years to work with the Owner to obtain appropriate permits to begin necessary repairs and improvements. The efforts have failed because the property remains in substandard condition after more than 13 years of enforcement efforts.
In June 2017, the City obtained an inspection warrant because the Subject Property was “in need of major repairs due to a complete lack of, or inadequate, maintenance of the property.” Despite that inspection warrant five years ago, Notices to Abate, and communication with the Owner, the dangerous conditions persist. On December 1, 2021, the City mailed to Owner a Request for Consent to Inspect. Owner did not grant consent. On February 4, 2022, the Chief Building Official drove by the Subject Property and observed people removing junk and debris from the house. Staff observed homeless encampment debris (tarps, blankets, and a mattress) during this cleanup. City Staff is not aware of any other clean-up efforts at the Subject Property.
On February 8, 2022, the City obtained an inspection warrant to inspect the Subject Property. On February 16, 2022, Code Enforcement Officer Mini Garcia with other City inspectors inspected the Subject Property pursuant to the February 8, 2022 inspection warrant. During the inspection, City inspectors confirmed that the Subject Property was extremely substandard and contained several conditions that threatened the life and safety of occupants and the general public.
Per the WMC chapter 9.04, “Nuisances,” the City may identify and abate certain public nuisances within the City.
Accordingly, based on the February 16, 2022 inspection, on March 2, 2022, Officer Garcia issued a Notice to Abate Nuisance (“Notice to Abate”) citing the following violations of law:
• WMC section 9.04.030(B)(3) (vacant, unoccupied, or abandoned building); • WMC section 9.04.030(B)(6) (attractive nuisance); • WMC sections 9.04.030(B)(7) and 15.04.010(I) (dangerous and abandoned building); • WMC section 9.04.030(B)(8) (public nuisance); • WMC section 9.04.030(B)(13) (blight); and
• WMC section 15.04.070 §§ 302(A) (abandoned building) and 302(B) (dangerous building or structure.)
The Notice to Abate ordered Owner to repair or demolish the building on the Subject Property, with all required permits and approvals, within 30 days, April 4, 2022 (“Compliance Deadline”). The Notice to Abate advised Owner that if the conditions are not abated on or by the Compliance Deadline, the City will abate the nuisance conditions.
On March 29, 2022, before the Compliance Deadline expired, Owner timely appealed the Notice to Abate, and an administrative hearing was conducted pursuant to WMC section 9.04.070(B). Director of Public Works Craig Locke acted as
the hearing officer (“Hearing Officer”). Owner appeared and made a presentation in an effort to overturn the Notice to Abate.
The Hearing Officer considered all documents and evidence provided at the hearing. On April 21, 2022, the Hearing Officer rendered his Decision and found good cause to uphold the City’s Notice to Abate.
Now, Owner has appealed the Hearing Officer’s Decision to the City Council pursuant to WMC section 9.04.070(C). This item was scheduled for the May 10 Council meeting. At the request of the property owner, this item was continued to the June 7, 2022 Council meeting. The letter confirming this request is attached as Exhibit H.
Appeal Procedure
Pursuant to Section 9.04.070(C)(5) of the WMC, the decision of the hearing officer shall be presumed to be correct and the appellant shall have the burden of proof in the hearing before the City Council.
Pursuant to Section 9.04.070(C)(6) of the WMC, the City Council may affirm, reverse, or modify the decision of the hearing officer. If the decision is affirmed, or affirmed and modified, the period for abatement as set forth in the order of abatement shall start as of the date of the Council action.
Discussion
It is indisputable that the Subject Property contains a building that is not adequately maintained or secured against unauthorized entry. The vacant building is an attractive nuisance that has sat vacant for years. Pursuant to the inspection warrant, City staff conducted a thorough interior and exterior investigation. The City’s code enforcement officials, based on their observations during the inspection and on their training and expertise, determined that the conditions there violate the code provisions referenced in the Notice to Abate.
Nothing presented by Owner at the prior hearing negated or undercut these determinations. Owner has had ample opportunity to abate the conditions that exist on the property that create the public nuisance. As of the date of this Staff Report, the Owner has not responded to the third round of plan review comments or applied for a demolition permit. The owner has not completed the remediation or demolished the substandard building on the Subject Property as directed in the Notice to Abate.
At this hearing, the Hearing Officer’s Decision is presumed to be correct, and Owner has the burden to prove that the violations referenced in the Notice to Abate do not exist. Absent new evidence from Owner that the violations have been cured, the City Council should uphold the Hearing Officer’s Decision and the Notice to Abate.
If the City Council upholds the Hearing Officer’s decision, then the property owner will have 30 days to correct the items listed in the Notice to Abate. If the property owner does not correct the items within the time period allowed, then the City will abate the property. For the City, this abatement will consist of demolition of the house and clearing the site of debris, leaving the property as undeveloped land. Per City code section 9.04.070(C), the owner could choose to “bring an action in a court of competent jurisdiction."
Conclusion
Staff recommends that the City Council adopt Resolution No. _____, affirming the Hearing Officer’s decision and upholding the March 2, 2022 Notice to Abate Nuisance in its entirety.
Prepared by: Mini Garcia, Code Enforcement Officer
Reviewed by: Joel Luevano, Building Official
Brent Meyer, Community Development Director / City Engineer
Attachments:
1. Resolution
2. Exhibit A - February 16, 2022 Photos
3. Exhibit B - Notice to Abate
4. Exhibit C - Appeal of Notice to Abate
5. Exhibit D - Owners Exhibits from Hearing
6. Exhibit E -Hearing Officer's Decision
7. Exhibit F - Appeal of Hearing Officer's Decision
8. Exhibit G - WMC and UCADB Sections
9. Exhibit H – Continuation of Council hearing date
82093.00006\40046969.1
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WOODLAND AFFIRMING THE HEARING OFFICER’S
DECISION AND UPHOLDING THE MARCH 2, 2022
NOTICE TO ABATE NUISANCE IN ITS ENTIRETY
WHEREAS, the real property that is the subject of this appeal is located at 210 Lincoln Avenue, Assessor Parcel Number 006-581-001-000, and consists of a single-family home with a long code enforcement history;
WHEREAS, on February 8, 2022, the City obtained an inspection warrant to inspect the Subject Property, and inspected on February 16, 2022, pursuant to that warrant; WHEREAS, during the inspection, City inspectors confirmed that the Subject Property was extremely substandard and contained several conditions that threaten the life and safety of occupants and the general public;
WHEREAS, the City properly issued a Notice to Abate Nuisance, dated March 2, 2022, identifying six violations of the Woodland Municipal Code and the Uniform Code for the Abatement of Dangerous Buildings;
WHEREAS, the Notice to Abate Nuisance was appealed before the City’s hearing officer, a fair hearing was held where the appellant presented evidence, and the hearing officer issued a decision on April 21, 2022, upholding the Notice to Abate, finding that all of the violations referenced in the Notice to Abate existed at the Subject Property; WHEREAS, the appellant timely appealed the hearing officer’s April 21, 2022 decision; WHEREAS, pursuant to WMC section 9.04.070(C), the City Council must consider the appeal of a hearing officer’s decision upholding or denying the determination of a nuisance; WHEREAS, pursuant to WMC section 9.04.070(C)(5), the decision of the hearing officer shall be presumed to be correct and the appellant shall have the burden of proof in the hearing before the City Council,
WHEREAS, on May 10, 2022, at a duly noticed meeting, the City Council has considered the evidence presented by the appellant, the City, and other interested parties to this resolution; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
82093.00006\40046969.1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:
Section 1The recitals set forth above are true and correct and are incorporated herein by reference.
Section 2Based on the evidence presented to this Council at the above-referenced public hearing on May 10, 2022, including facts submitted by City staff in their staff report with attachments, and all related information presented to the Council, this Council finds and determines pursuant to Woodland Municipal Code section 9.04.070(C) that the hearing officer’s decision is affirmed and that the March 2, 2022 Notice to Abate Nuisance is upheld in its entirety. The appellant failed to show that the violations identified in the Notice to Abate did or do not exist.
Section 3Appellant is hereby ordered to repair or demolish the dangerous building with all required permits and approvals within 30 days from the date of this decision. If she fails to meet this deadline, then the City may proceed with abatement as indicated in the March 2, 2022 Notice to Abate Nuisance.
Section 4The decision of the City Council is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in Code of Civil Procedure section 1094.6 et seq.
The City Clerk shall certify to the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Woodland at a special meeting of the City Council held on the 10th 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: June 7, 2022
ITEM #: H.23
SUBJECT: Public Meeting to Establish the Woodland Tourism Business Improvement District
Recommendation for Action: Staff recommends that the City Council hold a public meeting to receive public testimony on the formation of the Woodland Tourism and Business and Improvement District (WTBID).
Staff Contact:
Ken Hiatt, City Manager, (530) 661-5802, [email protected]
Fiscal Impact:
The purpose of the Woodland Tourism Business Improvement District is to maintain and increase market share and occupancy of Woodland hotels, resulting in continued and enhanced transient occupancy tax and other visitor-supported revenues. Other than administrative support and collections, there are no costs to the City of Woodland associated with the establishment of the Woodland Tourism Business Improvement District.
Background:
Tourism promotion is a specific purpose named in California Business Improvement District (BID) law. A BID is a benefit district where an industry or area assesses itself to spend collective funds on goals for mutually- beneficial purposes. BIDs are frequently used by hotels to fund tourism marketing and promotion efforts.
Through BID self-assessment, business owners collectively pay for activities which could not be afforded by any single business and which serve to champion a destination area, as opposed to typical marketing efforts designed to promote an individual business.
The Parking and Business Improvement Area Law of 1989 under the California Streets and Highway Code sets forth specific actions to renew Business Improvement Districts annually. State law makes it clear that BID assessments are not taxes.
Since a BID fee is a benefit assessment and not a tax, BIDs are able to pay for programs and activities without relying on public funding. Tourism BIDs (TBID) can provide destination marketing in ways distinctly different from municipal governments or individual businesses. TBIDs are public-private partnerships which benefit both destination cities and businesses located in those cities. BIDs are an effective financial tool available to the business community through cooperation with local government, as outlined in State law.
Yolo County Visitor’s Bureau (dba Visit Yolo)
For the past 5-years the Woodland hotels have been part of Visit Yolo (Yolo County Visitor’s Bureau), a countywide tourism district including the cities of Woodland, Winters, Davis, and unincorporated areas of Yolo County. In the fall of 2021, Woodland hoteliers sent a letter, signed by the majority of hoteliers, indicating their desire to no longer participate in the countywide district, and instead favored the formation of a Woodland-focused tourism business improvement district (Attachment 1).
Prior to the establishment of the countywide bid 2017, Woodland had a hotel business improvement district which leveed a 2% assessment on overnight hotel stays. The proceeds from the assessment were collected by the City and sent to the Yolo County Visitor’s Bureau who administered the funds.
The current countywide assessment is set at 2% of the per night room rate and proceeds are used to collectively brand and promote tourism within Yolo County as well as the individual destination markets of Davis, Woodland, Winters and the countryside. The City collects the Woodland assessments, on behalf of the TBID, as a separate line item on each hotel’s monthly Transient Occupancy Tax transmittals. Subsequently, the City transmits TBID funds to the Visit Yolo non-profit to spend on TBID eligible activities that are identified in a management district plan and annual report to the County. Approximately 40% of the assessments collected by each jurisdiction are reserved for promoting visitation within the respective communities while the remaining 60% of funds collected are used for administration and countywide marketing efforts. As the current assessment area covers multiple jurisdictions, the Board of Supervisors is the approving body for the assessment and annual reports.
Discussion:
At the conclusion of the current 5-year countywide assessment on June 30, 2022, hotels within the City of Woodland have indicated that they would no longer like to be included in that Business Improvement District and have voted not to be included in any renewal being considered. Alternatively, they have requested that the City of Woodland assist in establishing a Woodland-based Tourism Business Improvement District, much like existed prior to 2017. Instead of the funds being administered by the Yolo County Visitor’s Bureau as before, they have requested that the City designate the newly formed Woodland Hoteliers Group, a 501(c)6 non-profit organization, as the Advisory Board to administer the funds.
Boundaries of Woodland Tourism Business Improvement District The boundaries of the WTBID are proposed to include all hotels within the City of Woodland and the boundaries of the WTBID shall be coterminous with the City boundaries, a map of which is on file in the office of the City Clerk.
WTBID Assessment and Benefit
All hotel businesses operating within the boundaries of the Woodland Tourism Business Improvement District will be assessed for the purpose of promoting activities which will directly benefit the hotels located within the District. The Assessments to be levied under the Tourism Business Improvement District are not special taxes. Assessments levied on the businesses shall be levied on the basis of the degree of estimated benefit to the businesses within the District.
The initial annual assessment amount proposed for the WTBID is 2% of gross room revenue, which is defined as "total consideration charged to a transient as shown on the guest receipt for the occupancy of a room, or portion thereof, in a Hotel." The proposed assessment is a percentage of gross room revenue, and so when a hotel's revenue increases from the enhanced tourism marketing services provided to the hotels through the WTBID, the real dollar amount of the assessment will increase proportionately. The District's activities are intended to provide benefits specifically for the assessed businesses by increasing tourism within its boundaries, and hence increasing hotel room occupancy and revenues. An indirect benefit may accrue to the surrounding community or to the public as a result of the activities to be provided with the assessment levied.
These indirect benefits (if any) are incidental and inconsequential.
Process for Adoption
Under the 1989 law, the State requires a series of steps to form the WTBID. On April 19th, the City Council held a hearing and adopted a resolution of intention regarding the establishment of the WTBID. At the June 7th City Council meeting, the City Council will accept public testimony on the intended establishment of the WTBID prior to the Public Hearing scheduled for June 21st. The following is a synopsis of activities necessary to form the WTBID:
April 19, 2022 - RESOLUTION OF INTENTION HEARING (COMPLETED)
Petitions in favor of the WTBID formation were received from a majority of Woodland hotels and subsequently the City Council at its meeting of April 19, 2022 adopted the attached Resolution of Intention expressing its intention and initiating proceedings to establish the WTBID (Attachment 2).
April 25, 2022 – NOTICE (COMPLETED)
The 1989 Act requires the City to mail a written notice to the owners of all businesses proposed to be within the WTBID. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest WTBID formation. The attached notice was mailed on April 25, 2022 along with the Resolution of Intention to all established hotel businesses within the City of Woodland (Attachment 3).
June 7, 2022 - PUBLIC MEETING
Allow public testimony on the formation of the WTBID and levy of assessments. No Council action is required for the WTBID at this meeting.
June 14, 2022 – PUBLICATION OF PUBLIC HEARING NOTICE
Seven (7) days before the Public Hearing, the notice shall be published in the local newspaper, informing the general public about the Hearing, the proposed assessment, and the protest procedure June 21, 2022 - FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the proposed WTBID, which will pay more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.
At the conclusion of the public hearing to establish the WTBID, the Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them.
If the Council, following the public hearing, decides to establish the proposed WTBID, the Council shall adopt an ordinance forming the district and establishing the assessment. Council will also appoint the advisory board who will serve as the City’s TBID Advisory Board and direct specific spending and activities to promote Woodland as an overnight destination.
Fiscal Year / Activities
Upon successful establishment of the Woodland Tourism Business Improvement District as outlined in the schedule of proceedings, the WTBID Fiscal Year 2022/2023 will commence July 1, 2022 and end June 30, 2023. Due to the timing of the adoption of the ordinance, the levy of assessments is proposed to take effect the first day of the second month of the first quarter of Fiscal Year 2022/2023 (August 1, 2022).
Prior to the end of the Fiscal Year, the Advisory Board will prepare and submit an annual report detailing the use of the assessment funds consistent with the allowed activities and proposed budget for the upcoming fiscal year. The WTBID will require annual renewal to continue the assessment. Consideration of future renewals will be subject to the process stipulated in the Parking and Business Improvement Area Law of 1989.
Conclusion:
Staff recommends that the City Council hold a public meeting to receive public testimony on the formation of the Woodland Tourism and Business and Improvement District (WTBID).
Attachments:
1. Woodland Hoteliers Group Letter of Support for BID.docx
2. Resolution of Intention - WTBID
3. Joint Notice of Public Meeting and Hearing - Woodland TBID
NOTICE OF PUBLIC MEETING AND PUBLIC HEARING
REGARDING A PROPOSED
TOURISM MARKETING DISTRICT
IN THE CITY OF WOODLAND
I. Hearing Notice
The City Council of the City of Woodland (“City”) will hold a public meeting and public hearing on the establishment of the Woodland Tourism Business Improvement District (“WTBID”) within the City and the proposed levy of assessments on businesses within the WTBID to promote the City and hotels as a tourist destination.
NOTICE IS HEREBY GIVEN that a public meeting will be held on June 7, 2022 at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, 300 First Street, Woodland, California.
NOTICE IS HEREBY GIVEN that a public hearing will be held on June 21, 2022 at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, 300 First Street, Woodland, California.
The public meeting and public hearing are being held in accordance with the provisions of the Parking and Business Improvement Area Law of 1989, b eing Division 18, Part 6 of the California Streets and Highways Code (commencing with Section 36500). At the public meeting and public hearing, the City Council shall consider all objections and protes ts, if any, to the proposed Woodland Tourism Business I mprovement District , the proposed assessments , and ordinance related thereto . Any interested person shall be permitted to present written and oral testimony regarding these matters. The City Council may impose reasonable time limits on both the length of the entire public meeting or public hearing and the length of each interested person’s oral testimony. The City Council may also continue the public meeting or public hearing from time to time. Business owners that are sub ject to the proposed annual assessm ents who wish to protest the proposed district or assessments must follow the procedure outlined in Section II below.
II. Protest Procedure
Any business owner subject to the proposed assessment may protest to the establishment of the WTBID, the furnishing of specified service or activities, or the amount of the proposed assessment by filing with the City Clerk, on or before the time set for the public hearing, a written protest, containing a legible signature of such business owner, identification of the business by address or assessor’s parcel number, and statement of the business owner’s protest. Electronic mailings (emails) will not be accepted. Any business owner subject to the proposed assessment may appear and testify at the public meeting or public hearing, but only a written protest that meets the requirements set forth in this paragraph will be counted as a valid protest. If the party signing the protest is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person signing the protest is the owner of the business or an authorized representative of the owner(s) of that business. Protests must be mailed or personally delivered to: City Clerk, City of Woodland, 300 First Street , Woodland, CA 9 5695. For the City Council to consider a written protest, the protest must be received by the City Cle rk no later than the conclusion of the public testimony portion of the public hearing on June 21, 20 22.
Postmarks will not be accepted.
Majority protest exists if written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the pr otests to less than that 50 percent. If a written majority protest of the owners of businesses exists, no further proceedings to create the specified business improvement area or to levy the proposed assessment shall be taken by the City Council for a peri od of one year from the date of the finding of a majority protest . If the majority protest is only against the furnishing of a specified ty pe or types of improvement or activity within the area, those types of improvements or activities shall be eliminated . Because the proposed assessments are only on specified business (hotels) within the City and not on real property, the assessment balloting proceedings outlined in the California Constitution Article XIIID do not apply to the establishment of this distri ct or the proposed assessments. Therefore, i f the City Clerk does not receive written protests from a majority of the owners of business subject to the proposed assessments, the City Council may establish the proposed Woodland Tourism Business Improvement District and authorize the levy of assessments commencing with Fiscal Year 2022/2023 by adopting an ordinance to that effect.
III. Boundaries and Purpose of the Woodland Tourism Business Improvement District
The City is proposing the establishment of the Woodland Tourism Business Improvement District, which will include all of the real property within the City of Woodland and the assessment of specified hotels now operating within the City but may include additional hotels operating within the City in the future. The use of the revenues derived from the proposed assessm ents that are levied on identified hotel businesses in the WTBID may include, but are not limited to the following:
promoting the identity of Woodland through financial support of key regiona l and national events that support tourism and result in an economic impact; developing and implementing a destination marketing strategy and promotions targeting potential hotel guests; developing and undertaking an advertising and public relations progra m focusing on the business, recreation, and leisure travel trade; subsidization of high quality, high economic impact events; annual operation ex penses including but not limited to annual district administration functions and expenses, printing, postage , and meetings; support and funding of contract services and/or programs that support hotel operations and tourism including but not limite d to, security, transportation services, vouchers, and special events; and attendance at key meeting and consumer trade shows to promote Woodland as a premier tourism destination.
IV. Summary of the Proposed Assessment
In addition to any assessments, fees, charges or taxes imposed otherwise in the City, the City Council proposes by City Ordinance to annually levy assessments against businesses in the WTBID for the purpose of funding the pro grams, activities, and services described above. It is proposed that each business (Hotel) in the District shall pay an assessment of 2% of total room rents charged and received from trans ient hotel guests who do not make the hotel their principal place of residence. These charges will be collected by the City of Woodland at the same time and in the same manner as the current Transient Occupancy Tax , with the funds being remitted to a speci al fund of the City for expenditure in accordance with an adopted annual budget. On an annual basis, an Advisory Board shall present a proposed budget for the City Council’s consideration. This Advisory Board shall be appointed by the City Council once the WTBID is established and shall be comprised of business owners su bject to the assessments and designated City staff. Once the system of assessment is established, it cannot be changed without written notice to all businesses in the WTBID and a public hearing held by the City Council. At such public hearing, the City Council shall hear all protests and receive evidence, including written protests, for and against such changes.
If you have any question regarding this notice, please contact Stephanie Burgos, Business Engagement & Marketing at (530) 661-5920 or email at [email protected].
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: H.24
SUBJECT: Development Impact Fee Deferral Program
Recommendation for Action: Staff recommends that the City Council waive first reading and adopt, by title only, an Ordinance amending Woodland Municipal Code section 15.20 to delete the expiration date for the Fee Deferral Program so that the program will remain in effect until further amended by the Council as well as make clarifying changes to the existing City Code as needed.
Staff Contact:
Lynn Johnson, Senior Management Analyst, (530) 661-5979, [email protected]
Fiscal Impact:
The changes made to the Fee Deferral Ordinance in November 2018 have been met with positive response from both the residential infill developers and large commercial project developers. Since then, fifty-two infill residential units have been successfully built and sold after benefiting from the fee deferral program. We have current Fee Deferral Agreements in place for a 16-unit infill housing project (4 of the units have already been sold and deferred fees paid). There are four hotels and several smaller commercial projects that also have fee deferral agreements in place. The increase in infill projects is a good indication that the fee deferral program is helping to defray the initial cost of construction that often hinders upfront project financing. The changes proposed by this amendment primarily provide clarifying language where needed, add the water capacity fee as a fee eligible for deferral, and remove the Ordinance expiration date.
Background:
The City Council adopted the original Fee Deferral Ordinance in 2008 and subsequently, extended the expiration date of the Ordinance four additional times as the program continues to be effective in spurring new development. Specifically, the City has seen an influx of infill residential units benefit from deferred fees as well as many commercial projects. The most recent update to the Ordinance was approved in 2018.
On November 20, 2018, Council approved several major changes to the City's Fee Deferral Ordinance including:
Added Fire, Wastewater, and Parks fees to the eligible Development Impact fees so that all (MPFP) fees are eligible for deferral.
Waived interest on deferred fees during the Fee Deferral period. Changed the amount owed at the conclusion of the fee deferral period or issuance of a Certificate of Occupancy to be those fees in place at the time fees are paid (as opposed to those in place at building permit issuance).
In 2019, the City Council received the Water Capacity Fee Update as well as the Major Project Financing Plan (MPFP) Fee Program Nexus study Update. The combination of adopting the two updated Plans eliminated the water impact fee since the City had fully transitioned to surface water, and adopted the Water Capacity Fee (originally referred to as the Surface Water Fee).
Discussion:
The current Fee Deferral Ordinance is set to expire on June 30, 2022, based on the Ordinance adopted by the
City Council on June 20, 2017. As part of the City Code changes, staff is recommending the addition of the Water Capacity Fee as an eligible fee for deferral, as well as eliminating the expiration of the Fee Deferral Program. Most cities in the region have and will continue to provide fee deferral programs to support developers' needs to defray the initial cost of construction.
The proposed changes to the Current Fee Deferral Program include:
Section 15.20.030 A.4 Deferred fees - Eliminate water as a deferred fee as we do not charge a water development impact fee since moving to surface water (we now charge a Water Capacity Fee) Section 15.20.030 A. Deferred fees - Add A.10, Water Capacity Fee, as a fee eligible for deferral Section 15.20.040 Definitions - Corrected several typographical errors and clarifications were added Section 15.20.050 Fee Deferral Program - The sections referencing interest accrual on deferred fees were eliminated since fees are charged based on the current fees in place at the time of payment Section 15.20.050 B Nonresidential Development - Added a maximum fee deferral cap of $2 million for non-residential projects
Section 15.20.080 Interest - Deleted section since fees owed at time of payment are re-calculated based on current fees in place
Section 15.20.110 Expiration - Deleted section as the intention is to continue the Fee Deferral Program until further amended by the City Council
Conclusion:
Staff recommends that the City Council waive first reading and adopt, by title only, an Ordinance amending Woodland Municipal Code section 15.20 to delete the expiration date for the Fee Deferral Program so that the program will remain in effect until further amended by the Council as well as make clarifying changes to the existing City Code as needed.
Prepared by: Lynn Johnson, Senior Management Analyst
Reviewed by: Brent Meyer, Community Development Director / City Engineer
Attachments:
1. Ordinance Amending Fee Deferral Program
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WOODLAND, CALIFORNIA, AMENDING SECTIONS 15.20.030(A), 15.20.040,
15.20.050, 15.20.080 AND 15.20.110 OF
THE WOODLAND MUNICIPAL CODE RELATING TO THE DEFERRAL
OF CERTAIN DEVELOPMENT IMPACT FEES
WHEREAS, the City of Woodland (“City”) requires the payment of various development impact fees to help address the impacts of new development; and WHEREAS, the City recognizes that the payment of fees represents a substantial financial commitment for many projects; and
WHEREAS, the construction of new residential and non-
residential/commercial/industrial projects has a significantly high fee burden and a relatively longer construction period, typically 12-18 months, making a fee deferral program beneficial for many developers: and
WHEREAS, the inability of developers to construct new development within the City due to the substantial financial commitment for many projects has restricted the City’s revenue through the loss of potential ad valorem tax revenue and/or sales tax revenue; and WHEREAS, in an effort to spur development and associated City revenues, the City Council adopted Ordinance No. 1501 on December 8, 2008, permitting developers to defer development impact fees for certain projects until June 30, 2010; and WHEREAS, the City Council adopted Ordinance No. 1528 on May 17, 2011 to extend the sunset date until June 30, 2013; Ordinance No. 1550 on May 21, 2013 to extend the sunset date until June 30, 2015; Ordinance No. 1585 on July 7, 2015 to extend the sunset date to June 30, 2017; and Ordinance No. 1618 to extend the sunset date to June 30, 2022; and
WHEREAS, on November 20, 2018 the City Council adopted Ordinance No. 1640 amending certain sections of the Municipal Code to allow residential infill development to qualify for the fee deferral program, allow all development impact fees to be deferred, and define the amount due when the certificate of occupancy is issued to be those fees in effect on that date; and
WHEREAS, Ordinance No. 1640 will sunset on June 30, 2022 unless extended; and
WHEREAS, the economic challenges that necessitated the adoption of the initial Fee Deferral Program continue to negatively impact some projects and are expected to continue to do so in the foreseeable future; and
WHEREAS, to ensure the continued development of infill residential and non- residential projects and the receipt of accompanying tax revenue, the City Council wishes
to delete the expiration date for the Fee Deferral Program so that the program will remain in effect until further amended by the Council, as well as make clarifying changes to the existing City Code as needed.
NOW, THEREFORE, the City Council of the City of Woodland does hereby ordain as follows:
Section 1. Authority. The City Council enacts this Ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution.
Section 2. Amendment. Sections 15.20.030(A), 15.20.040, 15.20.050, 15.20.080 and
15.20.110 of the Woodland Municipal Code are hereby amended to read in full as follows:
Sec. 15.20.030 Deferred fees.
A. The City may defer any or all of the following development impact fees or capacity charges pursuant to the provisions of this chapter:
1. General City;
2. Library;
3. Police;
4. Roads;
5. Administration;
6. Storm Drain;
7. Fire;
8. Wastewater;
9. Parks
10. Water Capacity Fee.
B. The development impact fees/capacity charges set forth in this section shall be further defined in the guidelines. This section provides the exclusive list of fees which may be deferred pursuant to this chapter. Any fees not provided in this section shall be paid pursuant to applicable Federal, State or local regulations including, without limitation, fees related to the California Environmental Quality Act.
15.20.040 Definitions.
“Applicant” means the owner or owners of record for the real property on which an approved project is to be located.
“Approved development project” means a development project that has received final discretionary action by the City and which is in compliance with all Federal, State and local requirements, including, without limitation, environmental requirements due prior to issuance of a building permit. “Deferred fees” means any development impact fees or capacity charges, as set forth in Section 15.20.030, that the City has agreed to defer pursuant to a fee deferral agreement.
“Fee deferral agreement” means a standardized agreement satisfactory to the City and approved by the City Attorney, executed by and between the applicant and the City for the purpose of approving the deferral of certain deferred fees. The fee deferral agreement shall require the applicant to indemnify, defend and hold harmless the City and its officials, officers, agents and employees for any claims, causes of action or damages/cost arising from the City’s temporary deferral of the deferred fees. A fee deferral agreement is specific to an approved development project and is nontransferable to another applicant or another approved development project.
“Guidelines” means the Public Facilities Fee Program Administrative Guidelines created by the Engineering Division of the City Community Development Department, as amended from time to time.
“Nonresidential development” means a development project in which at least 51% of the occupiable square footage is used for nonresidential purposes including, without limitation, commercial or industrial uses. “Nonresidential maximum deferral period” means the 24-month period from the date of issuance of the building permit in which any deferred fees may remain unpaid for any nonresidential development. The nonresidential maximum deferral period for any building permit may be extended at the discretion of the City Council prior to the expiration of the nonresidential maximum deferral period.
“Residential infill development” means an approved development project consisting of single-family or multifamily residential units built on vacant or underutilized parcels within existing urbanized areas (see map in the Guidelines).
“Residential maximum deferral period” means the maximum period in which any deferred fees may remain unpaid for any residential development, which shall be determined by the Community Development Director or designee and set forth in the fee deferral agreement; provided, however, that the residential maximum deferral period shall not exceed 12 months from the date of issuance of the building permit. The residential maximum deferral period for any building permit may be extended at the discretion of the City Council prior to the expiration of the residential maximum deferral period.
15.20.050 Fee deferral program.
A. Residential Infill Development.
1. An applicant must enter into a fee deferral agreement to qualify for a deferral of development impact fees for a residential infill development. The fee deferral agreement shall explicitly provide for the recordation of a lien against the real property on which the
approved development project is to be located, which shall be removed upon payment in full of all deferred fees.
2. Deferred fees for a single-family infill residential development shall be due and payable in full for each individual lot within the approved development project upon the earlier of: (a) a request for final inspection under a building permit; or (b) the close of the residential maximum deferral period for the applicable building permit.
3. Deferred fees for a multifamily infill residential development shall be due and payable in full for each building within the approved development project upon the earlier of: (a) request for final inspection under a building permit; or (b) the close of the residential maximum deferral period for the applicable building permit.
B. Nonresidential Development.
1. A nonresidential project fee deferral is only available for projects whose total impact fee requirement does not exceed Two Million dollars ($2,000,000).
2. An applicant must enter into a fee deferral agreement to qualify for a deferral of development impact fees for a nonresidential development. The fee deferral agreement shall explicitly provide for the recordation of a security instrument, to be mutually agreed upon by the applicant and the City, against the real property on which the approved development project is to be located, which shall be removed upon payment in full of all deferred fees.
3. Deferred fees for nonresidential developments shall be due and payable in full upon the earliest of: (a) the date set forth in the fee deferral agreement entered into for the subject property; (b) a request for final inspection under a building permit and/or a certificate of occupancy; or (c) the close of the nonresidential maximum deferral period for the applicable building permit.
15.20.060 Approval of deferred fees.
A. No project shall be eligible for execution of a fee deferral agreement unless all of the following conditions are met:
1. The project shall be located on property within the City of Woodland.
2. The project shall have received the final discretionary approval by the City Council, Planning Commission, or staff as deemed appropriate.
3. The project shall have undergone all required environmental review and shall be in compliance with all requirements established by the environmental document prepared for the project.
4. All conditions of approval, as applicable at the time of permit issuance, shall have been met.
5. All payments of taxes and assessments on the property on which the project is located shall be current.
6. The applicant shall have no unpaid balances due to the City for the project or any other project or purpose.
7. The applicant and/or his, her, or its partners and affiliates on the project shall have been deemed by the City to present a low risk of non-payment of fees, if the City opts to conduct a risk assessment, which may include meeting the following criteria and any others the City deems necessary:
a. The applicant and/or his, her, or its partners and
affiliates on the project have not had a foreclosure on any of its or their properties in the last four years.
b. The applicant and/or his, her, or its partners and
affiliates on the project, and any companies in which
any such person has held a controlling interest, have
not filed for bankruptcy within the past four years.
c. The applicant and/or his, her, or its partners and
affiliates on the project have no outstanding civil
judgments.
8. All fees imposed by a government agency other than the City either shall have been paid or shall have been the subject of a fee deferral agreement between the applicant and the agency imposing the fees.
B. The fee deferral agreement shall be approved and executed by the City Manager or designee. All such approvals shall be based on the criteria in subsection A of this section, and may be withheld if the approval criteria are not met, or if the approval criteria are met and if the approving person or body finds that it is not in the City’s interest to approve a fee deferral agreement.
C. Upon execution of a fee deferral agreement, the City shall record the fee deferral agreement and any related security documents, if applicable, against the real property subject to the fee deferral agreement in the amount of the deferred fees. Upon payment in full of the deferred fees, the City shall remove the lien from the subject property.
15.20.070 Program application.
An application for deferral of development impact fees may be submitted concurrently with or in advance of any application for building permits for the approved development project. Notwithstanding any other provision of this code, in no event shall a building permit be issued until either of the following occurs:
A. Payment of all applicable fees due; or
B. Execution of a fee deferral agreement.
15.20.080 Fee adjustments.
An estimate of the amount of the deferred fees shall be calculated at the time of building permit issuance and shall be attached to the recorded docs (lien, etc.). The actual fee amount shall be calculated and paid at the time of payment which shall occur no later than the date set forth in the fee deferral agreement.
15.20.090 Administration charge.
The City Council may, by resolution, establish a processing and administration fee to cover the reasonable costs of administering the fee deferral program established by this chapter. This processing and administration fee shall be placed in the general fund and shall provide a revenue source to cover the costs of preparing the fee deferral agreement and tracking the deferred fees.
Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.
Section 4. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect of the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. This Ordinance amends an existing fee deferral program to allow for the deferral of development impact fees and does not propose nor authorize any action or specific project that would have the potential to cause a significant adverse effect on the environment.
Section 5. Effective Date and Publication. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. This Ordinance shall take effect thirty (30) days following its adoption.
INTRODUCED at a regular meeting of the City Council held on the ___ day of June, 2022 and PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the ______ day of _________, 2022, by the following vote:
:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mayra Vega
Mayor
ATTEST:
___________________________________
Ana Gonzalez
City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: June 7, 2022
ITEM #: H.25
SUBJECT: Presentation of the FY2022/23 Proposed Budget
Recommendation for Action: Staff recommends that the City Council receive a presentation on the proposed budget for FY2022/23.
Staff Contact:
Evis Morales, Finance Officer, (530) 661-5923, [email protected]
Background:
The City's annual budget process is a lengthy process, including all City departments and spanning several months. The budget process begins around December each year, and typically includes several discussions with the Council, including quarterly updates, budget workshops, spending plan discussions, incorporates Council's goals and priorities, and ultimately includes presentation of staff's recommended budget. Presented herein for your consideration is the City's Proposed Budget for fiscal year(FY) 2022/23, including assumptions consistent with the information provided to Council at the April 5, 2022 budget workshop.
Discussion:
The proposed budget totals $216.9 million, supporting city operating funds ($161.4 million), capital funds ($27.9 million) and debt service obligations ($27.7 million) and represents an increase of 5% from last year’s adopted budget.
The budget includes a set of specific funding recommendations totaling $4.0 million, including $3.1 million in one-time funding allocations and $902,897 in ongoing budget augmentations. The Proposed Budget includes funding recommendations to support six (6) new full-time positions: Building Inspector II, Traffic Community Services Officer, Administrative Clerk II (Fire), Librarian I/II (Measure R funded), Library Assistant I/II (Measure R funded), and a Treatment Plant Operator. The proposed budget will also continue a limited-term Junior/Assistant Engineer position for one additional year, which will sunset in June 2023. The proposed FY2022/23 full-time equivalent staffing level of 323 positions remains 29.5 positions (8%) fewer than the pre- recession staffing levels of FY2008/09.
The General Fund budget, totaling $69.1 million, as proposed, represents an increase of $7.9 million (13%) over the prior year, including $1.8 million of one-time funding allocations from available excess General Fund reserves, $1.15 million for projects and programs related to the revenue recovery component outlined in the American Recovery Plan (ARP) spending plan approved by Council, and $2.7 million use of Measure J reserves. The overall budget proposal, which includes specific funding recommendations to meet selected priority needs would, if approved, result in an anticipated year-end unreserved fund balance in the General Fund of $15.8 million (29.6%), or $5.1 million above the Council's adopted reserve policy level of 20%.
The proposed FY2022/23 Capital Improvement Program (CIP) budget includes funding recommendations totaling $24.3 million, of which $8.5 million is allocated for investment in transportation infrastructure, $9.5 million to advance capital projects in water, sewer, and storm drain utilities, $6.1 million for Park Facilities projects, and $85,000 supports library. The CIP includes funding of $2.6 million from Measure J and $5.1 million from Measure F, consistent with the FY2022/23 funding allocations presented to the Council via the respective spending plans.