Agenda packet — Woodland City Council, July 5, 2022 (part 1 of 2)

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

CITY COUNCIL

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

A. CALL TO ORDER

B. ROLL CALL

C. PLEDGE OF ALLEGIANCE

D. COMMUNICATIONS - PUBLIC COMMENT

This is an opportunity for the public to speak to the Council on any item other than those listed on this agenda.

Speakers are requested to use the microphone in front of the Council and to begin by stating their name, whether they reside in Woodland and the name of the organization they represent if any. The Mayor may impose a time limit on any speaker depending on the number of people wanting to speak and time available for the rest of the agenda.

In the event comments are related to an item scheduled on the agenda, speakers may be required to wait to make their comments until that item is considered. The option to submit a public comment via voicemail is no longer available. Written Public Comments Members of the public are welcome to submit written comments prior to the meeting. Comments should be submitted by email to [email protected]. Written Comments received at least two (2) hours prior to the scheduled start time of the City Council meeting will be provided to the City Council and posted to the City website as part of the official record of the meeting but will not be read into the record. Written Comments received within two (2) hours of the scheduled start time of the City Council meeting and during the City Council meeting will be provided to the City Council the day following the City Council meeting. If you are submitting written comments on a particular item on the agenda, please identify the agenda item number and letter. If you are submitting written comments on an item not listed on the agenda, please identify your e- mail/comment as a General Public Comment. Note: Public comments at special meetings are limited to items on the agenda only.

1. SUBJECT: General Public Comments
WRITTEN COMMUNICATIONS: This section is reserved for "General" Public Comments emailed within two (2) hours prior to the Council Meeting. These comments will be provided to the City Council and incorporated into the meeting minutes. Any other written communication submitted for items specific to this agenda will be attached as a file to the associated agenda item.

E. COMMUNICATIONS - COUNCIL/STAFF STATEMENTS AND REQUESTS

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

2. SUBJECT: Long Range Calendar

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

F. CONSENT CALENDAR

3. SUBJECT: City Council Meeting Minutes of June 7, 2022 and June 21, 2022 RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of June 7, 2022 and June 21, 2022.

4. SUBJECT: Sustainability Advisory Committee Meeting Minutes for April 2022 RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive minutes for the April 27, 2022 meeting of the Sustainability Advisory Committee.

5. SUBJECT: Special Assessment Tax Roll Collections
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, Requesting Collection of Charges on the Tax Roll for the Lighting and Landscaping Districts, Special Assessment Districts and Community Facilities Districts described herein.

6. SUBJECT: Adoption of Single-Use Foodware and Condiments Ordinance RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Ordinance No. 1692 adding Section Chapter 9.68 to Title 9 of the Woodland Municipal Code relating to Single-Use Foodware Accessories and Condiments

7. SUBJECT: Adoption of Ordinance Establishing the Woodland Tourism Business Improvement District
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Ordinance No. 1691, An Ordinance of the City Council of the City of Woodland, California establishing the Woodland Tourism Business Improvement District ("WTBID") in the City of Woodland.

8. SUBJECT: Campbell Park Play Structure Replacement
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute a contract with PlayPower, Inc. in the amount not to exceed $375,000 through a cooperative purchasing agreement with Sourcewell Contract #010521-LTS-3 and affirming the City Manager’s determination that the City’s public bidding requirement for the playground equipment has been satisfied by another government agency’s competitive bid procedure and the City’s price is equal to the price negotiated by that government agency for purchasing playground equipment.

9. SUBJECT: Agreement with Woodland Mid-Management Professional Association (MMPA)
RECOMMENDATION FOR ACTION: Staff recommends that the City Council

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adopt Resolution No. _____, implementing a two (2) year agreement (July 1, 2022 to June 30, 2024) with the Woodland Mid-Management Professional Association (MMPA).

10. SUBJECT: Agreement with Woodland Police Officer's Association (WPOA) RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, implementing a three (3) year agreement (July 1, 2022 to June 30, 2025) with the Woodland Police Officer's Association (WPOA) as described herein.

11. SUBJECT: Agreement with Woodland Police Supervisor's Association (WPSA) RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, implementing a three (3) year agreement (July 1, 2022 to June 30, 2025) with the Woodland Police Supervisor's Association (WPSA) as described herein.

12. SUBJECT: Contract with Golden State Emergency Vehicle Service, Inc. for Fire Apparatus Maintenance and Repair Services
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute the service agreement with Golden State Emergency Vehicle Service, Inc., with a total not to exceed the amount of $164,000 for the ongoing maintenance and repairs of fire apparatus.

G. PUBLIC HEARINGS

13. SUBJECT: PUBLIC HEARING - Streng Pond Landscape Maintenance District RECOMMENDATION FOR ACTION: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2022/2023 annual levy report and order the levy and collection of the assessment within the Streng Pond Landscape Maintenance District.

14. SUBJECT: PUBLIC HEARING - Spring Lake Lighting & Landscaping District RECOMMENDATION FOR ACTION: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2021/2022 annual levy report and Resolution No. _____, ordering the levy and collection of the assessment within the Spring Lake Lighting and Landscaping District.

15. SUBJECT: PUBLIC HEARING - Gibson Ranch Lighting & Landscaping District RECOMMENDATION FOR ACTION: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2022/2023 annual levy report and order the levy and collection of the assessment within the Gibson Ranch Lighting and Landscaping District.

16. SUBJECT: PUBLIC HEARING - North Park Lighting and Landscaping District RECOMMENDATION FOR ACTION: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the

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fiscal year 2021/2022 annual levy report and order the levy and collection of the assessment within the North Park Lighting and Landscaping District.

17. SUBJECT: PUBLIC HEARING - West Wood Lighting and Landscaping District RECOMMENDTION FOR ACTION: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2022/2023 annual levy report and order the levy and collection of the assessment within the West Wood Lighting and Landscaping District.

18. SUBJECT: PUBLIC HEARING - Gateway Landscaping & Lighting District RECOMMENDATION FOR ACTION: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2022/2023 annual levy report and Resolution No. _____, ordering the levy and collection of the assessment within the Gateway Lighting and Landscaping District.

19. SUBJECT: PUBLIC HEARING - Spring Lake Ruby Estates RECOMMENDATION FOR ACTION: Open and Continue Public Hearing to July 19, 2022

H. REPORTS OF THE CITY MANAGER

20. SUBJECT: Appointment of members to various Boards and Commissions and direction to staff regarding the Historical Preservation Commission RECOMMENDATION FOR ACTION: Staff recommends that the City Council appoint members to the various Boards and Commissions and give direction to staff to abolish the Historical Preservation Commission and responsibilities be assumed by the Planning Commission.

I. ADJOURN
I declare under penalty of perjury that the foregoing Agenda for the Joint Regular City Council/Woodland Finance Authority of the City of Woodland scheduled for Tuesday, July 5, 2022 was posted on Wednesday, June 29, 2022 in the outside display case at City Hall, 300 First Street, Woodland, CA, and was available to the public during normal business hours.

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

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

Persons needing disability-related modifications or accommodations in order to participate in public meetings, including persons requiring auxiliary aids or services, may request such

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modifications or accommodations by calling the Office of the City Clerk (530-661-5806) at least 48 hours prior to the meeting.

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: D.1
SUBJECT: General Public Comments

ITEM: This section is reserved for "General" Public Comments received via email within two (2) hours prior to the start of the City Council Meeting. Any other written communication submitted for items specific to this agenda will be attached as a file.

Attachments:

None

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: E.2
SUBJECT: Long Range Calendar

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

Staff Contact:

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

Background:

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

Attachments:

1. Council Long Range Calendar

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UPDATED COUNCIL LONG RANGE CALENDAR
July 19TH REGULAR MEETING
Consent Calendar
Award Construction Contract for the Spring Lake Parks Project, CIP #20-03 Award Construction Contract 5th and Clover Sewer Rehab, and appropriate funds, CIP #22-18 Final Acceptance and Notice of Completion for 2021 Road Maintenance Project CIP #20-02 Award Construction Contract for the 2022 Road Maintenance Project, CIP #22-06 Approve Federal Cost Sharing Agreement and appropriate funding for LCCFRR Project, CIP #22-16 Climate-Safe CA campaign resolution (tent.)
Public Hearings
Waste Management Delinquent Garbage/Refuse Accounts
1st Reading - Ruby Estates SL R-15 PD & DA
SUMMER RECESS – JULY 20, 2022 THRU AUGUST 15, 2022
August 16TH REGULAR MEETING
City Council Meeting Minutes of July 5, 2022 and July 19, 2022 Annexations – Westucky, Barnard Court, & North East Street Industrial Tax Exchange Agreements with Yolo County – Pending Annexations Designate Voting Delegates – League of CA Cities
Woodland Research Technology Park – Final EIR & Specific Plan 2nd Reading - Ruby Estates SL R-15 PD & DA
September 6TH REGULAR MEETING
City Council Meeting Minutes of August 16, 2022
Update Conflict of Interest Code
Future Topics / Study Sessions:

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

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: F.3
SUBJECT: City Council Meeting Minutes of June 7, 2022 and June 21, 2022

Recommendation for Action: Staff recommends that the City Council adopt the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of June 7, 2022 and June 21, 2022.

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

Attachments:

1. 06.07.2022 CC DRAFT Mins

2. 06.21.2022 CC DRAFT Mins

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City of Woodland Page 1 of 11
City of Woodland
City Hall
Council Chambers
300 First Street
Woodland, CA 95695
Regular Meeting Minutes
Tuesday, June 7, 2022
6:00 PM
City Council

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City of Woodland Page 2 of 11

CITY COUNCIL

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

A. CALL TO ORDER
Meeting called to order at 6:07 PM.

B. ROLL CALL

All Council Members present.

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

Absent: None

C. PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Council Member Lansburgh.

D. COMMUNICATIONS - PUBLIC COMMENT

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

Armando Fernandez spoke regarding Thomas Street.

E. COMMUNICATIONS - COUNCIL/STAFF STATEMENTS AND REQUESTS

Verbal updates provided by Council Members/Staff.

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

F. CONSENT CALENDAR

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3. SUBJECT: Pride Proclamation
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt a proclamation declaring the month of June 2021 as "Pride Month".

Adopted a proclamation declaring the month of June 2021 as "Pride Month".

4. SUBJECT: City Council Meeting Minutes of May 10, 2022 and May 17, 2022 RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt the minutes of the Special City Council Meeting of May 10, 2022 and the Joint Regular City Council/Woodland Finance Authority Meeting of May 17, 2022.

Adopted the minutes of the Special City Council Meeting of May 10, 2022 and the Joint Regular City Council/Woodland Finance Authority Meeting of May 17, 2022.

5. SUBJECT: Second Reading and Adoption of an Ordinance Abolishing the Board of Building Appeals
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Ordinance No. 1687, An Ordinance of the City Council of the City of Woodland to Repeal Section 2.28.010 of the Woodland Municipal Code to Abolish the Board of Building Appeals.

Adopted Ordinance No. 1687, An Ordinance of the City Council of the City of Woodland to Repeal Section 2.28.010 of the Woodland Municipal Code to Abolish the Board of Building Appeals.

6. SUBJECT: Second Reading and Adoption of Military Equipment Use Ordinance
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Ordinance No. 1688, An Ordinance of the City Council of the City of Woodland Adopting a Military Equipment Use Policy Pursuant to Assembly Bill 481.

Adopted Ordinance No. 1688, An Ordinance of the City Council of the City of Woodland Adopting a Military Equipment Use Policy Pursuant to Assembly Bill 481.

7. SUBJECT: Second Reading and Adoption of Retail Commercial Cannabis Ordinance Amendments
RECOMMENDATION FOR ACTION: Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 1685, approving amendments to Chapter 17.110, and Ordinance 1686, approving amendments to Chapter 5.28, of the City of Woodland Municipal code related to commercial cannabis retail use.

Adopted Ordinance No. 1685, approving amendments to Chapter 17.110, and Ordinance No. 1686, approving amendments to Chapter 5.28, of the City of Woodland Municipal code related to commercial cannabis retail use.

Mayor Pro Tem Fernandez voted No on this item and Council Member Stallard abstained.

AYES: Members Garcia-Cadena, Lansburgh and Mayor Vega

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City of Woodland Page 4 of 11
NOES: Mayor Pro Tem Fernandez
ABSTAIN: Member Stallard

8. SUBJECT: Second Reading and Adoption of Ordinance Rescinding Urgency Ordinance No. 1664 "Temporary Outdoor Use Permit" and Adopt Citywide Parklet Program
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Ordinance No. 1689, An Ordinance of the City Council of the City of Woodland Rescrinding Urgency Ordinance No. 1664, which Authorized the Community Development Director to Grant Emergency Temporary Outdoor Use Permits during the Covid-19 Emergency.

Adopted Ordinance No. 1689, An Ordinance of the City Council of the City of Woodland Rescrinding Urgency Ordinance No. 1664, which Authorized the Community Development Director to Grant Emergency Temporary Outdoor Use Permits during the Covid-19 Emergency.

Council Member Stallard recused himself from this item.

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

9. SUBJECT: Intent to Levy Assessments: Lighting and Landscaping Districts RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt fourteen (14) resolutions, Resolution No. _____ through Resolution No. _____ to Initiate Proceedings for the Annual Levy and Collection of Assessments; Preliminarily Approve the Engineer’s Annual Levy Reports and Declare its Intention to Levy and Collect Annual Assessments for the Gibson Ranch, West Wood, North Park, Spring Lake and Gateway Lighting and Landscaping Districts, and Streng Pond Maintenance District; and Call for a Public Hearing on June 21, 2022.

Adopted RESOLUTION NO. 7908, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND INITIATING PROCEEDINGS FOR THE CITY OF WOODLAND Spring Lake Landscaping and Lighting District, AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/2023 PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972; RESOLUTION NO. 7909, A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND PRELIMINARY

APPROVING THE CITY OF WOODLAND SPRING LAKE LANDSCAPING AND LIGHTING DISTRICT ENGINEER’S REPORT, AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/2023; RESOLUTION NO. 7910, A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF WOODLAND, DECLARING ITS INTENTION TO

CONDUCT A PUBLIC HEARING ON THE MATTER OF ASSESSMENTS AND ORDER THE

LEVY OF ASSESSMENTS FOR THE CITY OF WOODLAND SPRING LAKE LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023 PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972; RESOLUTION NO. 7911, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND INITIATING

PROCEEDINGS FOR THE CITY OF WOODLAND GATEWAY LANDSCAPING AND

LIGHTING DISTRICT, AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/2023 PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972; RESOLUTION NO. 7912, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF WOODLAND PRELIMINARY APPROVING THE CITY OF WOODLAND GATEWAY LANDSCAPING AND LIGHTING DISTRICT ENGINEER’S

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City of Woodland Page 5 of 11

REPORT, AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/2023; RESOLUTION NO. 7913, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WOODLAND, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING

ON THE MATTER OF ASSESSMENTS AND ORDER THE LEVY OF ASSESSMENTS FOR

THE CITY OF WOODLAND GATEWAY LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023 PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972; RESOLUTION NO. 7914, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, INITIATING PROCEEDINGS FOR

THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THE GIBSON RANCH LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023; RESOLUTION NO. 7915, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER’S ANNUAL LEVY REPORT,

AND DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS

FOR THE GIBSON RANCH LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023; RESOLUTION NO. 7916, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WOODLAND, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL

LEVY AND COLLECTION OF ASSESSMENTS FOR THE NORTH PARK LIGHTING AND LANDSCAPING DISTRICT, FISCAL YEAR 2022/2023; RESOLUTION NO. 7917, A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER’S ANNUAL LEVY REPORT, AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE NORTH PARK LIGHTING AND LANDSCAPING DISTRICT, FISCAL YEAR 2022/2023; RESOLUTION NO. 7918, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WOODLAND, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND

COLLECTION OF ASSESSMENTS FOR THE STRENG POND LANDSCAPING MAINTENANCE DISTRICT, FISCAL YEAR 2022/2023; RESOLUTION NO. 7919, A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER’S ANNUAL LEVY REPORT, AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR

THE STRENG POND LANDSCAPING MAINTENANCE DISTRICT, FISCAL YEAR 2022/2023; RESOLUTION NO. 7920, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WOODLAND, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THE WEST WOOD UNIT NO. 1 LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023; and RESOLUTION NO. 7921, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER’S ANNUAL LEVY REPORT,

AND DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE WEST WOOD UNIT NO. 1 LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023.

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.

Adopted RESOLUTION NO. 7922, 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.

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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.

Adopted RESOLUTION NO. 7923, 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.

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.

Adopted RESOLUTION NO. 7924, 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.

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.

Adopted RESOLUTION NO. 7925, 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.

14. SUBJECT: Award 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

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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.

Adopted RESOLUTION NO. 7926, 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.

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.

Adopted RESOLUTION NO. 7927, 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.

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.

Adopted RESOLUTION NO. 7928, 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.

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 (101) appropriation of $500,000 and authorizing the City Manager to enter into a Public Improvement Loan Agreement with Woodland Partners I, LLC.

Adopted RESOLUTION NO. 7929, 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.

18. SUBJECT: Purchase of Magnesium Hydroxide with Hill Brothers Chemical Company

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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.

Adopted RESOLUTION NO. 7930, 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.

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.

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.

On a motion by Council Member Lansburgh, seconded by Council Member Garcia- Cadena and carried on a 5-0 vote Council Members approved Consent Calender Items No. 3 through 6 and 9 through 19. Item No. 20 was pulled from Consent for discussion.

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

20. SUBJECT: Fastpitch Field Naming for Proposed Girl's 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.

This item was pulled from the Consent Calendar for discussion.

On a motion by Council Member Stallard, seconded by Mayor Vega and carried unanimously on a 5-0 vote, Council Members adopted RESOLUTION NO. 7931, A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND TO NAME FUTURE FASTPITCH FIELD.

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

G. PUBLIC HEARINGS

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 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

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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.

On a motion by Council Member Stallard, seconded by Mayor Pro Tem Fernandez and carried on a 5-0 vote, Council Members adopted RESOLUTION NO. 7932, 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.

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

H. REPORTS OF THE CITY MANAGER

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.

On a motion by Council Member Stallard, seconded by Council Member Lansburgh and carried on a 4-1 vote, Council Members adopted RESOLUTION NO. 7933, 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.

AYES: Members Garcia-Cadena, Lansburgh, Stallard and Mayor Vega NOES: Mayor Pro Tem Fernandez

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).

Held a public meeting to receive public testimony on the formation of the Woodland Tourism and Business and Improvement District (WTBID).

24. SUBJECT: Development Impact Fee Deferral Program

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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.

On a motion by Council Member Stallard, seconded by Council Member Garcia-Cadena and carried on a 5-0 vote, Council Members waived first reading and read 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.

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

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.

Received a presentation by Finance Officer Evis Morales on the proposed budget for FY2022/23.

26. SUBJECT: Placement of a Measure on the November 8, 2022 Municipal Election Ballot regarding City Council Salary
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, a Resolution of the City Council of the City of Woodland Calling for the Placement of a Measure on the November 8, 2022 Regular Municipal Election Ballot for the Submission to the Qualified Voters of a Proposed Ordinance Amending Section 2.04.300 of the Woodland Municipal Code to Allow City Council Salary to be Set at Five Hundred Dollars Per Month and Allowing City Council Salaries to be Set In the Future in Accordance with State Law.

Council Members took a 3-minute break prior to Item No. 26.

On a motion by Council Member Stallard, seconded by Council Member Garcia-Cadena and carried on a 5-0 vote, Council Members adopted RESOLUTION NO. 7934, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND calling FOR THE PLACEMENT OF A MEASURE on THE NOVEMBER 8, 2022 REGULAR MUNICIPAL ELECTION BALLOT FOR THE SUBMISSION TO THE QUALIFIED voters OF A PROPOSED ordinance AMENDING SECTION 2.04.300 of the WOODLAND Municipal Code to ALLOW CITY COUNCIL SALARY TO BE SET AT FIVE HUNDRED DOLLARS PER

MONTH AND ALLOWING CITY COUNCIL SALARIES TO BE SET IN THE FUTURE IN ACCORDANCE WITH STATE LAW.

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

27. SUBJECT: Placement of Measure on the November 8, 2022 Municipal Election Ballot regarding Cannabis Tax
RECOMMENDATION FOR ACTION: Staff recommends that City Council

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adopt Resolution No. _____, calling for the placement of a general tax measure on the November 8, 2022 regular municipal election ballot for the submission to the qualified voters of a proposed ordinance adding Chapter 3.36 to Title 3 (Taxation and Purchasing) of the Woodland Municipal Code, establishing a tax on cannabis businesses operating within the City of Woodland.

On a motion by Council Member Stallard, seconded by Mayor Vega and carried on a 5-0 vote, Council Members adopted RESOLUTION NO. 7935, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF WOODLAND CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE NOVEMBER 8, 2022 REGULAR MUNICIPAL

ELECTION BALLOT FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE ADDING CHAPTER 3.36 TO TITLE 3 (TAXATION AND

PURCHASING) OF THE WOODLAND MUNICIPAL CODE, ESTABLISHING A TAX ON CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF WOODLAND.

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

I. ADJOURN

Meeting adjourned at 9:01 PM.

Respectfully submitted,
Ana B. Gonzalez, City Clerk

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City of Woodland
City Hall
Council Chambers
300 First Street
Woodland, CA 95695
Regular Meeting Minutes
Tuesday, June 21, 2022
6:00 PM
City Council

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CITY COUNCIL

CLOSED SESSION
5:15 PM

A. CALL TO ORDER

B. CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code §54957.6) Agency Designated Representatives: City Manager
Employee Organization(s): Woodland Police Officer's Association (WPOA), Woodland Police Supervisors Association (WPSA), Mid-Management and Professionals Association (MMPA)

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

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

D. ROLL CALL

All Council Members present.

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

Absent: None

E. PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Council Member Garcia-Cadena.

F. COMMUNICATIONS - PUBLIC COMMENT

This is an opportunity for the public to speak to the Council on any item other than those listed on this agenda.

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2. SUBJECT: General Public Comments
WRITTEN COMMUNICATIONS: This section is reserved for "General" Public Comments emailed within two (2) hours prior to the Council Meeting. These comments will be provided to the City Council and incorporated into the meeting minutes. Any other written communication submitted for items specific to this agenda will be attached as a file to the associated agenda item.

G. COMMUNICATIONS - COUNCIL/STAFF STATEMENTS AND REQUESTS

Verbal updates provided by Council Members/Staff.

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

I. CONSENT CALENDAR

6. SUBJECT: Public Works Quarterly Status Report
RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive a presentation and accept the Public Works Quarterly Status Report for the period of March 2022 through May 2022.

Received a presentation and accept the Public Works Quarterly Status Report for the period of March 2022 through May 2022.

7. SUBJECT: Appointment of Members to Boards and Commissions RECOMMENDATION FOR ACTION: Staff recommends that the City Council appoint members to the various Boards and Commissions.

No action was taken. Item was moved to the July 5, 2022 Council meeting.

8. SUBJECT: Sewer Collection System Wastewater Treatment Master Plan, CIP 14-07
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute the consultant services agreement amendment 2 with Brown and Caldwell for preparation of the Water Pollution Control Facility Master Plan Phase II for an amount up to $273,644 and appropriate $250,000 from CIP 14-02, Water Pollution and Asset Replacement Project, to CIP 14-07.

Adopted RESOLUTION NO. 7936, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING CONTRACT AMENDMENT 2 WITH BROWN AND

CALDWELL TO THE PROFESSIONAL ENGINEERING SERVICES CONTRACT TO

PREPARE PHASE II OF THE WATER POLLUTION CONTROL FACILITY MASTER PLAN, CIP #14-07.

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9. SUBJECT: Development Impact Fee Deferral Program
RECOMMENDATION FOR ACTION: Staff recommends that the City Council conduct a second reading and adopt Ordinance No. 1690, approving the amendment of 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.

Conducted a second reading and adopt Ordinance No. 1690, approving the amendment of 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.

10. SUBJECT: Initial and Renewal Fees for Carrying Concealed Weapons Permit RECOMMENDATION FOR ACTION: Staff recommends that City Council adopt Resolution No. _____, establishing Carrying Concealed Weapon (CCW) Permit Fees.

Adopted RESOLUTION NO. 7937, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND AUTHORIZING THE ESTABLISHMENT OF CARRYING CONCEALED WEAPON (CCW) PERMIT FEES.

11. SUBJECT: Council Member Election and Measures regarding City Council Salary and Tax on Cannabis Businesses - November 8, 2022 RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, calling a General Municipal Election of Two Council Members by District and Calling a Special Election for the Purpose of Submitting a Measure Amending Section 2.04.300 of the Woodland Municial Code to Allow City Council Salary to be set at Five Hundred Dollars per Month and Allowing City Council Salaries to be set in the Future in Accordance with State Law, and a Measure Adding Chapter 3.36 to Article 3 (Taxation and Purchasing) of the Woodland Municipal Code, Establishing a Tax on Cannabis Businesses Operating Within the City of Woodland, Said Elections to be Held in the City of Woodland on November 8, 2022, and Directing the Consolidation of the Elections with the Statewide General Election and All Other Elections/

Adopted RESOLUTION NO. 7938, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND CALLING A GENERAL MUNICIPAL ELECTION FOR THE ELECTION OF

TWO COUNCIL MEMBERS BY DISTRICT, CALLING A SPECIAL ELECTION FOR THE

PURPOSE OF SUBMITTING A MEASURE TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING SECTION 2.04.300 OF THE WOODLAND MUNICIPAL CODE to ALLOW CITY COUNCIL SALARY TO BE SET AT FIVE HUNDRED

DOLLARS PER MONTH AND ALLOWING CITY COUNCIL SALARIES TO BE SET IN THE FUTURE IN ACCORDANCE WITH STATE LAW AND A MEASURE ON THE NOVEMBER 8, 2022 REGULAR MUNICIPAL ELECTION BALLOT FOR SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE ADDING CHAPTER 3.36 TO TITLE 3 (TAXATION

AND PURCHASING) OF THE WOODLAND MUNICIPAL CODE, ESTABLISHING A TAX ON

CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF WOODLAND, SAID ELECTIONS TO BE HELD IN THE CITY OF WOODLAND ON NOVEMBER 8, 2022, AND

DIRECTING THE CONSOLIDATION OF THE ELECTIONS WITH THE STATEWIDE GENERAL ELECTION AND ALL OTHER ELECTIONS.

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12. SUBJECT: Annual Appropriations Limit
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, approving the City of Woodland's Fiscal Year (FY) 2022/23 Appropriations Limit.

Adopted RESOLUTION NO. 7939, RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND TO SET THE APPROPRIATION LIMIT, IN ACCORDANCE WITH ARTICLE XIII-B OF THE STATE CONSTITUTION FOR FISCAL YEAR 2022/23.

13. SUBJECT: American Rescue Plan Appropriations
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, to Correct Appropriations for Projects Related to the American Rescue Plan Act for Fiscal Year 2021/22.

Adopted RESOLUTION NO. 7940, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND TO CORRECT APPROPRIATIONS FOR PROJECTS RELATED TO THE AMERICAN RESCUE PLAN ACT FOR FISCAL YEAR 2021/22.

14. SUBJECT: Intent to Levy Assessments: Lighting and Landscaping Districts - Continued
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____ to Declare its Intention to Levy and Collect Annual Assessments for the Gibson Ranch, West Wood, North Park, Spring Lake and Gateway Lighting and Landscaping Districts, and Streng Pond Maintenance District; and call for a Public Hearing on July 5, 2022.

Adopted RESOLUTION NO. 7941, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND, CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT

ANNUAL ASSESSMENTS FOR THE GIBSON RANCH, WEST WOOD, NORTH PARK,

SPRING LAKE, AND GATEWAY LANDSCAPING AND LIGHTING DISTRICTS AND STRENG POND LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2022/2023.

15. SUBJECT: 2-Year Agreement with Yolo County for Funding for Advance Peace Expanded Services
RECOMMENDATION FOR ACTION: Staff recommends that the City Council approve Resolution No. _____ authorizing the City Manager to

1. Execute a two-year contract with Yolo County accepting funding totaling $400,000 via the Community Corrections Partnership to expand Advance Peace services and

2. Appropriate $200,000 in FY2021/22 of Measure J funds and $200,000 in FY2022/23 of Measure R funds during the two-year Agreement term.

Adopted RESOLUTION NO. 7942, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND AUTHORIZING THE CITY MANAGER TO (1) EXECUTE A TWO-YEAR CONTRACT WITH YOLO COUNTY ACCEPTING FUNDING TOTALING $400,000 VIA THE

COMMUNITY CORRECTIONS PARTNERSHIP TO EXPAND ADVANCE PEACE SERVICES AND (2) APPROPRIATE $200,000 IN FY2021/22 USING MEASUARE J FUNDS AND $200,000 IN FY2022/23 USING MEASURE R FUNDS DURING THE TWO-YEAR CONTRACT TERM.

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16. SUBJECT: Sole Source Purchase of GPS Signal Preemption and Apparatus Equipment
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, affirming the City Manager’s determination that the sole source purchase of the GPS Signal Preemption and Apparatus Equipment satisfies the requirements of the City’s purchasing ordinance; and authorizing the City Manager to sign the purchase contract with Advanced Traffic Products.

Adopted RESOLUTION NO. 7943, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND (1) AFFIRMING THE CITY MANAGER’S DETERMINATION THAT THE

SOLE SOURCE PURCHASE OF GPS SIGNAL PREEMPTION AND APPARATUS EQUIPMENT SATISFIES THE REQUIREMENTS OF THE CITY’S PURCHASING ORDINANCE; (2) AUTHORIZING THE CITY MANAGER TO SIGN THE PURCHASE CONTRACT WITH ADVANCED TRAFFIC PRODUCTS.

On a motion by Council Member Stallard, seconded by Mayor Pro Tem Fernandez and carried unanimously on a 5-0 vote, Council Members approved Consent Calendar Items No. 6 through 16, minus Item No. 7 which was moved to the July 5, 2022 Council meeting.

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

H. PRESENTATIONS

4. SUBJECT: Diversity Equity and Inclusion Assessment
RECOMMENDATION FOR ACTION: Staff recommends that the City Council:
1) receive a presentation summarizing a recent diversity, equity, and inclusion assessment of the City's organization profile, policies, procedures, and practices; and 2) provide direction to staff regarding recommendations and next steps to advance the City toward greater inclusion and equity.

Received a presentation, from the Goldman Schook, UC Berkeley Public Policy Graduate students, summarizing a recent diversity, equity, and inclusion assessment of the City's organization profile, policies, procedures, and practices; and provided direction to staff regarding recommendations and next steps to advance the City toward greater inclusion and equity.

On a motion by Mayor Vega, seconded by Council Member Stallard and carried unanimously on a 5-0 vote, Council Members appointed Mayor Vega and Mayor Pro Tem Fernandez to a Council Sub-committee to work on an Equity Action Program for the City of Woodland.

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

5. SUBJECT: Climate-Safe California Campaign and Environmental Sustainability Community Input Meeting Presentation
RECOMMENDATION FOR ACTION: Staff recommends that the City Council 1) receive a presentation on the Climate-Safe California campaign and consider

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endorsing the campaign, and 2) receive an update on the Environmental Sustainability Community Input Meeting on July 9, 2022.

Received a presentation on the Climate-Safe California campaign and consideration on endorsing the campaign, and an update on the upcoming Environmental Sustainability Community Input Meeting on July 9, 2022.

J. PUBLIC HEARINGS

17. SUBJECT: Ordinance Establishing the Woodland Tourism Business Improvement District
RECOMMENDATION FOR ACTION: Staff recommends that the City Council;

1.Hold a public hearing;

2.Introduce and waive first reading of Ordinance No. _____ establishing the Woodland Tourism and Business and Improvement District (WTBID); and

3.Appoint the Woodland Hoteliers Group as the Woodland TBID advisory board.

On a motion by Council Member Lansburgh, seconded by Council Member Garcia- Cadena and carried on a 5-0 vote, Council Members introduced and waived first reading of an Ordinance establishing the Woodland Tourism and Business and Improvement District (WTBID); and appointed the Woodland Hoteliers Group as the Woodland TBID advisory board.

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

K. REPORTS OF THE CITY MANAGER

18. SUBJECT: First Reading – Single-Use Foodware and Condiments Ordinance RECOMMENDATION FOR ACTION: Staff recommends that the City Council introduce and waive the first reading of an Ordinance adding Section Chapter

9.68 to Title 9 of the Woodland Municipal Code relating to Single-Use Foodware Accessories and Condiments

On a motion by Council Member Stallard, seconded by Council Member Garcia-Cadena and carried on a 5-0 vote, Council members introduced and waived the first reading of an Ordinance adding Section Chapter 9.68 to Title 9 of the Woodland Municipal Code relating to Single-Use Foodware Accessories and Condiments AYES: Members Fernandez, Garcia-Cadena, Lansburgh, Stallard and Mayor Vega NOES: None

19. SUBJECT: Fiscal Year 2022/23 Budget
RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, a) approving the Fiscal Year (FY) 2022/23 Annual Budget of $213.9 million as detailed in Exhibit A and b) approving 323 full-time equivalent positions, by classification, as detailed in Exhibit B.

On a motion by Council Member Stallard, seconded by Mayor Vega and carried on a 5-0 vote, Council Members adopted RESOLUTION NO: 7944, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND ADOPTING THE FISCAL YEAR 2022-2023

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ANNUAL BUDGET.

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

L. ADJOURN

Meeting adjourned at 08:05 PM.

Respectfully submitted,
Ana B. Gonzalez, City Clerk

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: F.4
SUBJECT: Sustainability Advisory Committee Meeting Minutes for April 2022

Recommendation for Action: Staff recommends that the City Council receive minutes for the April 27, 2022 meeting of the Sustainability Advisory Committee.

Staff Contact:

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

Discussion:

This staff report transmits minutes for the April 27, 2022 meeting. Items of note in these minutes include:
 Item 7: Climate Safe CA Campaign Policy Tool Review
The policy workgroup used the policy rubric tool to review the campaign and determine that each of the campaign elements align with the Climate Action Plan, does not commit the City to any concrete action, and are aspirational requests of the State. The workgroup will design a slideshow with these findings to present to the Council at an upcoming meeting.

 Item 8: VCE UltraGreen Option for City
The committee voted in favor of dedicating a workgroup to evaluate the feasibility of opting into the UltraGreen option through Valley Clean Energy, which would provide 100% renewable and carbon-free energy to City facilities at an additional charge. The workgroup will analyze the costs, implications, and its impact on the Climate Action Plan goals and bring back a report to review in the coming months.

 Item 10: Town Hall Update
The SAC will be hosting the Environmental Sustainability Community Input Meeting on July 9 in the Leake Room of the Woodland Public Library. The English session will be from 1 to 3 pm and a Spanish session from 3:30 to 5:30 pm. Attendees are encouraged to register through Eventbrite. Registered attendees will have a chance to win a sustainability starter kit. Details on the event can be found on the City’s news page:
https://www.cityofwoodland.org/CivicAlerts.aspx?AID=692.

Conclusion:

Staff recommends that the City Council receive minutes for the April 27, 2022 meeting of the Sustainability Advisory Committee.

Prepared by: Rosie Ledesma, Environmental Resource Analyst

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

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Attachments:

1. 2022 04-27 Minutes - Woodland Sustainability Advisory Committee

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1 SUSTAINABILITY ADVISORY COMMITTEE
MEETING MINUTES - April 27, 2022

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

2. Roll call

Present: Mark Aulman, Liza Grandia, Allison Martin, Catalina Munoz, Sara Schremmer, Robert Ullrey, Raul Tadle

Absent: Rolf Frankenbach, Adelita Serena
Staff Present: Rosie Ledesma, Sayetsi Sanchez, Emily Jackson Guests Present: Robin Datel

3. Public comment
There was no public comment.

4. Member reports (Information Item)
Martin: Shared with the committee that during her work with the City of Roseville, she learned that they manage all their utilities and have the opportunity to harness natural gas from their waste water digesters to power their trash fleet. She found it to be an interesting example of sustainability movement. Allison also shared that the Yolo County Landfill have announced that they are now accepting textiles for reuse and recycling.

Aulman: Continues making progress on the heat island survey with Rolf. Mark discussed how the Woodland Tree Foundation had a grant a few years ago to collect tree planting and greenhouse gas data. They will review that information and will continue their ground survey around Woodland. Mark also mentioned that there will be a section of the tree from Casa Linda Dr. being used to create a display with labeled tree rings. Each labeled ring will have information that is relevant to a climate event in Yolo County. The tree ring will be displayed at the Woodland Community & Senior Center.

Grandia: Commented on virtual meetings being discontinued and the committee returning to in-person meetings. Liza made a request to change the meetings to fragrance-free if the meetings will continue to be in person. Rosie commented that she has spoken to janitorial staff regarding using hazardous cleaning materials and the contract is currently being reviewed. There will also be a meeting scheduled to look further into this issue. Liza has requested to be part of that meeting and offered to pass a list of potential products that are being considered to the UC Toxicology program for review.

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2 The committee inquired on the possibility of a hybrid meeting. Hybrid meetings are only available at City Hall in the Council Chambers and IT staff time would be required to assist with technology. Committee discussed the benefits of virtual/hybrid meeting and the possibility of moving the meeting to 4pm-6pm should also be considered as well. At this time, hybrid meetings are not an option, however Rosie will speak to the City Attorney regarding virtual meetings.

Committee requested information regarding meeting with Council and creating a recurring schedule to meet. Rosie will follow-up on this matter. Catalina suggested to meet after the Town Hall event so they can have feedback to provide to Council. This item will be further discussed in the next meeting.

5. Staff reports (Information Item)
Emily Jackson, the new Conservation Coordinator introduced herself to the committee. She was previously the intern for solid waste and recycling. She will be handling C&D ordinance, assisting Rosie with SB 1383 and social media such as the waste wizard tool.

Sayetsi provided information regarding the current drought. Governor issued an Executive Order in March 2022 requiring urban water suppliers to implement at least Stage 2, water warning – 20% reduction in water use:
 Reduce water use by 20% from normal demand
 Prohibit hosing of hardscape surfaces except for health/safety purposes  Water hoses shall be equipped with control nozzle that can shut off flow  Restrict outdoor watering to 3 days per week
 Restaurants shall serve water only upon request
City staff will be going to Council on May 10 to implement Stage 2 of the Water Shortage Contingency Plan.

Rosie provided an update regarding the Electrify Yolo Project. The grant provided $150,000 for infrastructure EV charging stations in Woodland. Behind Hotel Woodland, 4-6 charging stations will be placed. The grant only requires 2 charging stations, however because we are doing it in-house we can provide more units.

Rosie also spoke on CalRecycle and the grant that was awarded to Woodland. This grant will help mitigate issues and create a barrier between the regional park and the landfill.

CalRecycle also awarded Woodland another $87,000 grant for SB 1383 implementation.

Liza suggested to reach out to AmeriCorps as they have a program where they are placing paid interns to help with educational programs. Applications are still being accepted.

Recommended the City to coordinate with Sacramento Climate Fellow Corp.

6. Approve March 16, 2022 meeting minutes (Action Item – 2 minutes)

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3 On a motion by Sara Schremmer, seconded by Robert Ulrey and carried on a 6-0 vote, with one abstain and two absences, committee members approved March’s meeting minutes.

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

Absent: Frankenbach and Serena

7. Climate-Safe CA Campaign Update (Information Item/Action Item) Sara updated the committee that the policy group has reviewed each line item of the Climate-Safe CA Campaign. They compared it to our Climate Action Plan and reviewed how each item falls under our goals. They also found that the campaign does not commit the City to any concrete action items. The campaign is meant to me inspirational, and as a call to the State. No concerns were found by the work group. The committee agrees to move forward and create a presentation to potentially go to Council on May 17.

Community member, Robin Datel from the Unitarian Church of Davis, added that the campaign has presentation slides already created and examples of resolutions if needed.

Robin requested to be notified when this will be going council as she has interested parties that would like to stay informed.

8. VCE UltraGreen Option for City (Information/Action Item) The committee discussed the possibility of having city facility accounts placed on the VCE UltraGreen option. After further discussion, the committee agreed that further analysis should be done, estimates for potential savings should be reviewed and a comparison of other opportunities should be done.

On a motion by Sara Schremmer, seconded by Liza Grandia and carried on a 7-0 vote, with two absences, committee members approved to create an Ad Hoc group to conduct an analysis into the VCE UltraGreen option for the City.

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

Absent: Frankenbach and Serena
Allison mentioned that she saw a post on Next Door from last year, were people would opt out from the service because of bill increases. Further education is needed in order to change public perception.

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4 Allison and Raul have agreed to be part of that Ad Hoc groups that will review the ultra- green option and report back to the committee

9. Honey Festival (Information Item)
Rosie presented the tabling schedule for the Honey Festival. Committee members that have agreed to help table can promote the town hall event, assist Environmental Services to get sign-ups for the newsletter and assist answering questions, when possible.

10. Town Hall Update (Information Item)
Allison shared a flyer draft with the committee. Sara will be moderator for the event. A registration page has been created on Eventbrite which mentions the event being fragrance-free. The event is scheduled to be on Saturday, July 9 at the Leake Center in the Woodland Public Library. An English version will be from 1pm-3pm and a Spanish version will be from 3:30pm-5:30pm. Snacks will be provided as well as a potential giveaway prize.

11. Work Group Updates (Information Item)
Raul met with Reece and are meeting quarterly to draft a plan to convert City fleets to electric over time. Raul will also assist in finding and applying for grants to assist with this change.

12. Discuss long-range calendar (Information/Action Item) Rosie provided an update from the Parks Department regarding the tree ordinance. The ordinance will go to council in the fall and the committee will receive a presentation in mid- summer. The Parks Department is currently working with the tree foundation for tree removal requests.

The American Rescue Plan (ARP) funding has not been divided or allocated yet. Mark provided suggestions to help build a plan that the funds could be used on.

The committee shared that they are still interested in having a tour at the carpet recycling facility and the regional park.

13. Adjourn
Meeting adjourned at 8:05pm.

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: F.5
SUBJECT: Special Assessment Tax Roll Collections

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, Requesting Collection of Charges on the Tax Roll for the Lighting and Landscaping Districts, Special Assessment Districts and Community Facilities Districts described herein.

Staff Contact:

Evis Morales, Finance Officer - (530)661-5923, [email protected]

Fiscal Impact:

City assessments that will be collected through County property tax rolls for the special districts described herein total $9,423,887, which have been included in the fiscal year 2022/23 budget.

Background:

In conjunction with the annual collection of property taxes, Yolo County collects special assessment taxes on behalf of the City of Woodland. These special assessments include the following:

Lighting and Landscape Districts (Spring Lake, Gateway, Gibson Ranch, North Park, Streng Pond and West Wood);

Assessment Districts (Fire Suppression);

Community Facility Districts (Spring Lake Maintenance, Gibson Ranch CFD No. 1, and Spring Lake CFD 2004-1);

Waste Management Liens

Weed Abatement Liens

The intent of the attached resolution is to specify the respective responsibility of the County and the City regarding the collection of special taxes, fees and assessments as required by Proposition 218. All of the conditions expressed in the resolution, including compliance with Proposition 218 and collection of the annual assessments, have been in existence throughout the life of each of the assessments discussed herein. Annual approval of the resolution is required by the County to ensure these practices are documented in a specific and formal manner.

Discussion:

For the 2022-2023 tax levies, consistent with past practice, Yolo County is requiring a resolution to be passed authorizing the collection of the special assessments by Yolo County and also releasing Yolo County from any liability which may arise regarding the collection of the special assessments. The six parts of the resolutions are summarized as follows:
 The Auditor-Controller of Yolo County is requested to attach for collection on the County tax rolls the related special assessment(s) detailed in each of the resolutions.  The City acknowledges that all special assessments comply with all requirements of state law, including Proposition 218.

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 The City releases and discharges the County from any potential liability or expenditures arising from the collection of any special assessments authorized by the City.  In the event of a judgment against the City arising from the collection of the special assessment(s), the County may offset the amount of the judgment from any monies collected by the County on behalf of the City, including property taxes.
 The City will agree to cooperate with the County in answering questions related to special assessments and the City will not refer inquirers to County staff for response.  The City agrees to pay such reasonable and ordinary charges as the County may prescribe to recoup its costs related to the collection of the special assessments as provided by Government Code sections 29304 and 51800. The County is charging an annual $1 levy fee per parcel for all special assessments. Any increase to these levy fees charged by the County would have to be approved by the City and adopted in a separate resolution.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, Requesting Collection of Charges on the Tax Roll for the Lighting and Landscaping Districts, Special Assessment Districts and Community Facilities Districts described herein.

Prepared by: Evis Morales, Finance Officer

Reviewed by: Kim McKinney, Director of Administrative Services

Attachments:

1. RESOLUTION - Special Assessment Collections

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RESOLUTION NO: __________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

REQUESTING COLLECTION OF CHARGES ON TAX ROLL
WHEREAS, the City of Woodland requests the County of Yolo collect on the County tax rolls certain charges which have been imposed pursuant to section 50078 of The Government Code of the State of California by the City for the following District:

Fire Suppression Assessment District
WHEREAS, the City requests the County collect on the County tax rolls certain charges which have been imposed pursuant to section 22645 and 22646 of The Streets and Highways Code of the State of California by the City for the following Districts:

Spring Lake Landscaping and Lighting District
Gateway Landscaping and Lighting District
Gibson Ranch Landscaping and Lighting District
North Park Landscaping and Lighting District
Streng Pond Landscape Maintenance District
West Wood Unit No. 1 Landscaping and Lighting District
WHEREAS, the City requests the County collect on the County tax rolls certain charges which have been imposed pursuant to Chapter 2.5, Part 1, Division 2, Title 5 (commencing with Section 53311) of the California Government Code by the City for the following Districts:

City of Woodland Community Facilities District No. 1 (Gibson Ranch) City of Woodland Community Facilities District No. 2004-1 (Spring Lake) WHEREAS, the City requests the County collect on the County tax rolls certain charges which have been imposed pursuant to section 53340 of Government Code of the State of California by the City for the following District:

Spring Lake Maintenance Community Facilities District
WHEREAS, the City requests the County collect on the County tax rolls certain charges which have been imposed pursuant to section 13.04.130 of the City Municipal Code by the City for the following:

Waste Management Liens
WHEREAS, the City requests the County collect on the County tax rolls certain charges which have been imposed pursuant to section 9.44.130 of the City Municipal Code by the City for the following:

Weed Abatement Liens

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RESOLUTION NO: __________________
WHEREAS, the County has required as a condition of the collection of said charges that the District/City warrant the legality of said charges and defend and indemnify the County from any challenge to the legality thereof,

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

1. The Auditor-Controller of Yolo County is requested to attach for collection on the County tax rolls those taxes, assessments, fees and/or charges, attached hereto.

2. The City warrants and represents that the taxes, assessments, fees and/or charges imposed by the City and being requested to be collected by Yolo County comply with all requirements of state law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218).

3. The City releases and discharges County, and its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action and judgments, in any manner arising out of the collection by County of any taxes, assessments, fees and/or charges on behalf of City,

4. The City agrees to and shall defend, indemnify and hold harmless the County, its officers, agents and employees (the “Indemnified Parties”) from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the collection by County of any of City’s said taxes, assessments, fees and/or charges requested to be collected by County for City, or in any manner arising out of City’s establishment and imposition of said taxes, assessments, fees and/or charges. City agrees that, in the event a judgment is entered in a court of law against any of the Indemnified Parties as a result of the collection of one of City’s taxes, assessments, fees and/or charges, the County may offset the amount of the judgment from any other monies collected by County on behalf of City, including property taxes.

5. The City agrees that its officers, agents and employees will cooperate with the County in answering questions referred to City by County from any person concerning the City’s taxes, assessments, fees and/or charges, and that City will not refer such persons to County officers and employees for response.

6. The City agrees to pay such reasonable and ordinary charges as the County may prescribe to recoup its costs in placing on the tax rolls and collecting the taxes, assessments, fees and/or charges, as provided by Government Code sections 29304 and 51800. The County is charging an annual $1 levy fee per parcel for all special assessments. Any increase to these levy fees charged by the County would have to be approved by the City and adopted in a separate resolution.

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RESOLUTION NO: __________________
PASSED AND ADOPTED by the City Council this 5th day of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

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

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: F.6
SUBJECT: Adoption of Single-Use Foodware and Condiments Ordinance

Recommendation for Action: Staff recommends that the City Council adopt Ordinance No. 1692 adding Section Chapter 9.68 to Title 9 of the Woodland Municipal Code relating to Single-Use Foodware Accessories and Condiments

Staff Contact:

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

Fiscal Impact:

There is no fiscal impact.

Background:

This ordinance was introduced at the June 21, 2022 Council meeting. This is the second reading and adoption of the ordinance.

Conclusion:

Staff recommends that the City Council adopt Ordinance No. 1692 adding Section Chapter 9.68 to Title 9 of the Woodland Municipal Code relating to Single-Use Foodware Accessories and Condiments

Prepared by: Rosie Ledesma, Environmental Resource Analyst

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

Attachments:

1. Ordinance

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65266.00008\40116617.2
ORDINANCE NO. 1692

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WOODLAND ADDING CHAPTER 9.68 TO TITLE 9 OF

THE WOODLAND MUNICIPAL CODE RELATING TO

SINGLE-USE FOODWARE ACCESSORIES AND

CONDIMENTS
WHEREAS, pursuant to California Public Resources Code section 42355, the California State Legislature has recognized that littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs; and
WHEREAS, in October 2021, Governor Newsom signed into law California State Assembly Bill 1276 (Chapter 505, Statutes of 2021) (“AB 1276”) which expands upon existing law (prohibiting restaurants from providing single-use plastic straws unless requested by the consumer), by prohibiting certain food facilities from providing any single-use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer; and WHEREAS, single-use foodware accessories, including napkins, straws, condiments, forks, spoons, sporks, knives, and other disposable flatware create waste and environmental hazards, and therefore should only be made available upon request in compliance with AB 1276; and
WHEREAS, AB 1276 requires the City to authorize an enforcement agency to enforce its requirements by June 1, 2022; and
WHEREAS, the City of Woodland seeks to implement AB 1276 by authorizing the City to enforce requirements prohibiting distribution of single-use foodware accessories and standard condiments unless requested by the consumer.

NOW, THEREFORE, the City Council of the City of Woodland does ordain as follows:

Section 1.Recitals. The above recitals are incorporated as though fully set forth herein.

Section 2.CEQA. The City Council finds that this Ordinance is not subject to the requirements of the California Environmental Quality Act (“CEQA”) because adoption of the Ordinance is not a “project” within the meaning of Section 15378(b)(5) of the State CEQA Guidelines. This Ordinance is further exempt from the requirements of CEQA because there is no possibility that this Ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

Section 3.Amendment. Chapter 9.68 is hereby added to Title 9 of the Woodland Municipal Code as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

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65266.00008\40116617.2
Section 4.Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 5.Certification. The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accordance with state law.

Section 6.Effective Date. This ordinance shall take effect thirty (30) days after its adoption.

INTRODUCED ON the 21st day of June, 2022, and PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular scheduled meeting of the City Council held on the 5th day of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Mayra Vega, Mayor
ATTEST:
_______________________________
Ana Gonzalez, City Clerk

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65266.00008\40116617.2

STATE OF CALIFORNIA )
COUNTY OF YOLO ) ss.

CITY OF WOODLAND )
I, ANA GONZALEZ, City Clerk of the City of Woodland, California, do hereby certify that the foregoing Ordinance No. _____ was introduced on __________________, 2022, and adopted at a regular meeting of the City Council of the City of Woodland, California, held on the _____ day of _________________, 2022, by the following roll-call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________________
Ana Gonzalez, City Clerk
(SEAL)

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65266.00008\40116617.2

EXHIBIT A
Chapter 9.68 – Single-Use Foodware Accessories and Condiments

9.68.010 Title

9.68.020 Purpose and Applicability

9.68.030 Definitions

9.68.040 Requirements

9.68.050 Exemptions

9.68.060 Enforcement and Penalties

9.68.010 Title
This chapter shall be known as “Single-Use Foodware Accessories and Condiments” and may be so cited.

9.68.020 Purpose and Applicability
The City Council finds and declares that the purpose of this chapter is to comply with AB 1276 and mandate that all single-use foodware accessories and standard condiments provided by certain food establishments and vendors be made available to customers upon request only.

9.68.030 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings designated in this section. “AB 1276” AB 1276 (Chapter 505, Statutes of 2021) regulating the distribution of single-use foodware accessories by food vendors to be made available only upon request of the consumer. “Condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes. “Digital Ordering Platform” means the digital technology provided by an Internet website or mobile application used by customers of Food Facilities to order food and/or schedule food delivery.
“Food Facility” means any business, organization, entity, group, or individual (or any combination thereof) providing prepared food and/or beverages for public consumption on or off its premises within the City of Woodland.
“Refillable Self-Service Dispenser” means a container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion, and which dispense one item at a time to allow for single-use foodware accessories to be obtained.

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65266.00008\40116617.2
“Single-Use Foodware Accessory” or “Single-Use Foodware Accessories” means all of the following single-use items provided alongside ready-to-eat food by a food facility: utensils (including but not limited to forks, knives, spoons, and sporks); chopsticks; condiment cups and packets; straws; stirrers; splash sticks; and cocktail sticks.

9.68.040 Requirements for Food Facilities
A. Food Facilities shall only distribute Single-Use Foodware Accessories and Condiments upon the request of the customer.

B. Single-Use Foodware Accessories and Condiments packaged for single use provided by Food Facilities for use by customers shall not be packaged in a manner that prohibits a consumer from taking only the type of Single-Use Foodware Accessory or Condiment desired without taking a different type of Single-Use Foodware Accessory or Standard Condiment.

C. Food Facilities shall instruct employees to inform customers that Single-Use Foodware Accessories and Standard Condiments are only available upon request.

D. A Digital Ordering Platform, whether operated by a third party or by a Food Facility, shall include a statement that communicates that Single-Use Foodware Accessories are offered only upon request, and shall provide users with the option to select the Single-Use Foodware Accessories and Condiments that they want. If a Food Facility uses any Digital Ordering Platform for ready-to-eat food, the Food Facility shall customize its menu with a list of available Single-Use Foodware Accessories and Condiments, and only those Single- Use Foodware Accessories and Condiments selected by the consumer shall be provided by the Food Facility. If a consumer does not select any Single-Use Foodware Accessory or Condiment, no Single-Use Foodware Accessory or Standard Condiment shall be provided by the food facility for delivery of ready-to-eat food.

E. Food Facilities are encouraged, but not required, to take actions in addition to the requirements of this section that support the goal of reducing the use of and waste generated by all Single-Use Foodware Accessories and Condiments.

9.68.050 Exemptions
A. Nothing in this chapter shall prohibit a Food Facility from making unwrapped Single-Use Foodware Accessories available to a consumer using Refillable Self-Service Dispensers that dispense one item at a time to allow for Single-Use Foodware Accessories to be obtained.

B. A Food Facility may ask a drive-through consumer if the consumer wants a Single-Use Foodware Accessory if the Single-Use Foodware Accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

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65266.00008\40116617.2
C. A Food Facility that is located entirely within a public use airport, as defined in 14 CFR Section 77.3, may ask a walk-through consumer if the consumer wants a Single-Use Foodware Accessory if the Single-Use Foodware Accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

D. This chapter shall not apply to the following institutions or facilities:

1. Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.

2. Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.

3. Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.

4. Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.

9.68.060 Enforcement and Penalties
A. The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed an amount of three hundred dollars ($300) annually.

B. The City may issue an administrative citation for a violation that would otherwise be an infraction under A. of this Section. The City’s procedures on the imposition of administrative fines under Chapter 9.20 shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, as authorized by California Government Code section 53069.4.

C. The City Manager, or his or her designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of any provision of this chapter. The City Manager, or his or her designee, may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purposes of this chapter or to obtain compliance with this chapter, including, without limitation, performing an inspection of a retail establishment’s premises to verify compliance with this chapter.

D. The remedies and penalties provided in this chapter are cumulative and not exclusive, and nothing in this chapter shall preclude the City from pursuing any other remedies. The City

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65266.00008\40116617.2
Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulation or administrative procedure developed pursuant hereto.

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: F.7
SUBJECT: Adoption of Ordinance Establishing the Woodland Tourism Business Improvement District

Recommendation for Action: Staff recommends that the City Council adopt Ordinance No. 1691, An Ordinance of the City Council of the City of Woodland, California establishing the Woodland Tourism Business Improvement District ("WTBID") in the City of Woodland.

Background:

At the June 21, 2022 Council meeting, the City Council voted to introduce and waive the first reading of Ordinance No. 1691.

Should the Council choose to waive the second reading and adopt Ordinance No. 1691 at tonight's meeting, the Ordinance would be effective August 4, 2022, thirty days from the second reading.

Prepared by: Ana B. Gonzalez, City Clerk

Attachments:

1. Ord_1691 Establishing the Woodland TBID

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ORDINANCE NO. 1691

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WOODLAND, CALIFORNIA ESTABLISHING THE WOODLAND
TOURISM BUSINESS IMPROVEMENT DISTRICT (“WTBID”) IN THE
CITY OF WOODLAND.

WHEREAS, pursuant to the Parking and Business Area Law of 1989, Section 36500 et seq. of the Streets and Highways code of the State of California (“1989 Law”), the City Council adopted that certain Resolution No.7884, dated April 19, 2022, entitled " A Resolution of the City Council of the City of Woodland Declaring its Intention to Establish a Business Improvement Area in the City of Woodland to be Designated as the Woodland Tourism Business Improvement District (“WTBID”) and Setting a Time and Place of a Hearing to Consider the Establishment of Such Area”, and caused said' resolution to be mailed to each business owner subject to the assessment as provided by law.

WHEREAS, pursuant to the 1989 Law, a public meeting and public hearing concerning the formation of said Woodland Tourism Business Improvement District, hereinafter referred to as "WTBID” was held on June 7, 2022 and June 21, 2022 respectively, at the hour of 6:00 p.m. in the Woodland City Council Chambers at City Hall, 300 First Street, Woodland, California.

WHEREAS, at the public hearing all written and oral protests made or filed for or against the establishment of the WTBID, were duly heard, evidence for and against the proposed action was received and a full, fair, and complete hearing was granted and held.

WHEREAS, the City Council heard all protests and all protests, both written and oral, were entered into the record and it was determined by the Council that there was no majority protest within the meaning of said 1989 Law, Section 36500 et seq.

WHEREAS, the public and business interest, convenience and necessity have facilitated the establishment of the proposed WTBID.

WHEREAS, in the opinion of the City Council, the hotels within the proposed WTBID will be benefited by the expenditure of the funds raised by the assessments as contemplated by said 1989 Law Section 36500, et seq.

THE CITY COUNCIL OF THE CITY OF WOODLAND DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals. The recitals set forth above are true and correct, and incorporated as though fully set forth herein.

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Section 2. Establishment of the Business Improvement Area. Pursuant to Section 36500 et seq. of the Streets and Highways Code of the State of California, a business improvement area designated as the Woodland Tourism Business Improvement District (WTBID) of the City of Woodland is hereby created and established.

Section 3. Description of Area. The boundaries of said WTBID are proposed to include all of the real property 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.

Within the boundaries of the WTBID the benefiting properties to be assessed shall include designated hotels now operating in the City and identified and attached hereto as Exhibit “A” and may include hotels hereafter operating in the WTBID pursuant to proceedings for inclusion. Hotel shall mean any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients, including but not limited to dwellings for lodging or sleeping purposes, which include any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually owned single- family dwelling rented only infrequently and incidental to normal occupancy or any timeshare as set out in Revenue and Taxation Code 7280; provided, that the burden of establishing that the facility is not a hotel shall be on the owner or operator thereof.

Section 4. Method of Assessment. In addition to any assessments, fees, charges, or taxes imposed otherwise in the City, except where funds are otherwise available, the City Council proposes to annually levy assessments on Hotels in the WTBID for the purpose of funding the programs, activities and services that will promote the City and hotels as a tourist destination. 4a) Only those designated hotels identified and attached hereto as Exhibit “A” and hotels hereafter operating in the WTBID pursuant to proceedings for inclusion shall be assessed.

An annual assessment is to be levied against such hotels based on the benefits they derive from the program of activities. Businesses located within the WTBID but not identified as hotels, (i.e., all non-hotel businesses) will not be assessed as they derive only, at most, an indirect benefit from the program of activities; and
4b) This Ordinance and requirements established herein shall be applicable to all hotels in the WTBID as said hotels existed as of the date of this ordinance or as modified in subsequent proceedings for inclusion of hotels proposed to operate within the WTBID. Any modification to the WTBID or program of activities for which the assessments are to be levied would be subject to notification of all affected businesses within the WTBID and a public hearing before the City Council. At such public hearing, the City Council shall hear all protests and receive evidence, including written protests, for and against such modifications, including the inclusion of additional hotels or business. Assessments on newly established hotels shall commence immediately upon the first day of operation and after the public hearing for inclusion of such property; and

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4c) In addition to any assessments, fees, charges, or taxes imposed otherwise in the City, the City Council proposes to annually levy assessments against hotels within the WTBID for the purpose of funding the programs, activities and services that will promote the City and hotels as a tourist destination. Each hotel shall pay an assessment of 2% of total room rents charged and received from transient hotel guests who do not make the hotel their principal place of residence; and
4d) The assessments hereby levied shall be due and payable and shall be paid at the same time and in the same manner that the transient occupancy tax is due and payable and shall be subject to the same penalties and interest for nonpayment. Assessments will be collected by the City of Woodland, with the funds being remitted to a special fund of the City for expenditure in accordance with its adopted annual budget as presented by the Advisory Board appointed by the City Council; and
4e) The Method of Assessment established by this ordinance shall not be changed without written notice to all businesses in the WTBID and a public hearing held by the City Council.

At such a public hearing, the City Council shall hear all protests and receive evidence, including written protests, for and against the establishment of any change in the Method of Assessment.

Section 5. Funds. There is created a special fund of the City to be designated as the “Woodland Tourism Business Improvement District Fund” into which all revenue derived from the assessments under this Ordinance shall be placed and such funds shall be used only for the purposes specified in this Ordinance.

Section 6. Use of Revenues. Revenues derived from the Method of Assessment described herein, shall be used for programs and activities that will promote the City and hotels as a tourist destination. The City shall allocate the revenue generated under the provisions of this ordinance to the Woodland Tourism Business Improvement District Fund and the Advisory Board appointed by the City Council shall utilize these funds to provide the programs, activities, and services that the Advisory Board determines will best promote the City and hotels as a tourist destination. The Advisory Board shall be required to use the available revenue for the following purposes:
6a) Promoting the identity of Woodland through financial support of key regional and national events that support tourism and result in an economic impact; and 6b) Developing and implementing a destination marketing strategy and promotions targeting potential hotel guests; and
6c) Developing and undertaking an advertising and public relations program focusing on the business and leisure travel trade; and
6d) Subsidization of high quality, high economic impact events; and

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6e) Annual operation expenses including but not limited to annual district administration functions and expenses, printing, postage, and meetings; and 6f) Support and funding of contract services and/or programs that support hotel operations and tourism including but not limited to, security, transportation services, vouchers, and special events; and
6g) Attendance at key meeting and consumer trade shows.

Section 7. Amendments. Businesses within the WTBID established by this Ordinance shall be subject to any amendments to the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the Streets and Highways Code.

Section 8. Imposition of Assessments. The assessments to be collected pursuant to this Ordinance shall first be collected commencing Fiscal Year 2022-2023 (the Fiscal Year commencing July 1, 2022 and ending June 30, 2023) and the levy of such assessments are proposed to take effect the first day of August of Fiscal Year 2022-2023 (August 1, 2022) and shall be collected, on a quarterly basis each year thereafter.

Section 9. Severability. If any provisions 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The 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 10. Effective Date and Publication. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published in the Daily Democrat, a newspaper of general circulation, printed and published in the city of Woodland and county of Yolo, including the vote for and against the same within fifteen (15) days of its adoption, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.

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EXHIBIT A

WOODLAND

TOURISM BUSINESS IMPROVEMENT DISTRICT
The following is a list of hotels now operating in the City of Woodland as existed on the date of this ordinance or as modified in subsequent proceedings for inclusion of hotels proposed to operate within the Woodland Tourism Business Improvement District:

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

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

Page 54 ends

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: F.8
SUBJECT: Campbell Park Play Structure Replacement

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute a contract with PlayPower, Inc. in the amount not to exceed $375,000 through a cooperative purchasing agreement with Sourcewell Contract #010521-LTS-3 and affirming the City Manager’s determination that the City’s public bidding requirement for the playground equipment has been satisfied by another government agency’s competitive bid procedure and the City’s price is equal to the price negotiated by that government agency for purchasing playground equipment.

Staff Contact:

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

Fiscal Impact:

Funding for the proposed project would come from Measure F funds, Parks Projects reserves. At the June 21, 2022 City Council Meeting, the City Council adopted the Fiscal Year 2022-2023 annual budget, which included funds for replacement of the Campbell Park Play Structure.

Background:

On June 21, 2022, the City Council adopted the Fiscal Year 2022-2023 annual budget, including the Measure F spending plan, which included a proposed funding recommendation for the Campbell Park Play Structure.

Measure F spending plans include an allocation each year to assist with debt service payments on bonds issued to build the Community & Senior Center. To the extent that impact fee revenues collected from new development exceed expectations, any amounts not needed to cover debt service are reserved for parks projects and available for reallocation. Money earmarked for debt service but not needed in the past few fiscal years has been redirected to provide funding for maintenance and improvement at existing park and recreation facilities throughout the City of Woodland.

Projects completed in the recent past include:

Project Funding Source
Beamer Park Tennis Courts resurfacing Measure E
Beamer Park Play Structure Replacement Measure E
Beamer Park Restroom Replacement Measure F
Brooks Pool Resurfacing and Improvements Measure E
Brooks Pool Bleacher Evaluation Measure E
Brooks Pool ADA Restroom Improvements Measure E
Campbell Park Restroom Replacement Project Housing Related Parks Grant Campbell Park Basketball Court Resurfacing Housing Related Parks Grant Campbell Park Exercise Station Replacement Measure E
City Park Play Structure Replacement Project Housing Related Parks Grant City Park Restroom Replacement Project Housing Related Parks Grant City Park Tennis Court Resurfacing Housing Related Parks Grant City Park Softball Field Improvements Housing Related Parks Grant Clark Field Backstop Replacement Measure E
Crawford Park Play Structure Replacement Project Measure E

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Crawford Park New Play Equipment Installation John & Eunice Davidson Fund Crawford Park Lighting Improvements Measure E
Everman Park Basketball Court Resurfacing Housing Related Parks Grant Everman Park Restroom Replacement Project Housing Related Parks Grant Everman Park Tot Lot Play Structure Replacement Housing Related Parks Grant Everman Park Youth Play Structure Replacement Prop 68 General Per Capita Grant Ferns Park Exercise Station and New Play Feature
Installation
John & Eunice Davidson Fund
Ferns Park Restroom Replacement Measure F
Harris Field Restroom and Bleacher Replacement Measure F Harris Park Play Structure Replacement Project Housing Related Parks Grant Pioneer Park Play Structure Replacement Project Measure E Slaven Park Water Feature Improvements Measure E
Traynham Park Play Structure Replacement Prop 68 General Per Capita Grant Tredway Park Play Structure Replacement Project Measure E Woodland Sports Park Turf Replacement Measure E, Measure F, other Woodside Park Walking Path Improvements John & Eunice Davidson Fund Woodside Park Exercise Station and New Play
Feature Installation
John & Eunice Davidson Fund

Discussion:

The current structures at Campbell Park are over 20 years old and exhibit several potential health and safety risks, as well as not being up to current ADA and American Society for Testing Materials (ASTM) standards.

As part of this project, staff plan to relocate the toddler play structure to the existing empty sand lot that is directly adjacent to the youth play structure. This will allow for caregivers with children in both age groups to be able to watch the children on both play structures more easily. In order to replace both structures with structures of similar size and attraction, and to make the necessary adjustments for relocating the toddler play structure, Staff estimates that the total cost of the project will be approximately $375,000.

Staff proposes to utilize a cooperative purchasing agreement with Sourcewell (Contract #010521-LTS-3) and work with one vendor (PlayPower, Inc.) to install both play structures for a contract total not-to-exceed $375,000. Using play structures manufactured by one vendor allows Staff to keep a stock of parts on hand to make immediate repairs rather than taking a playground out of service due to parts having to be ordered. The previous eight play structures that were replaced at City Park, Crawford Park, Everman, Harris Park, Traynham, Tredway Park, Beamer Park, and Pioneer Park were purchased from PlayPower, Inc. Park Staff have a playground repair kit with supplies that allow for quick fixes to minor issues that may arise. The Department has determined that the cooperative purchasing agreement satisfies the requirements of the City’s Purchasing Ordinance (Municipal Code section 3.32.140c). Cooperative purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments. In November 2020, Sourcewell issued a request for proposals for “recreation and playground and water play equipment with related accessories and services.” Proposals were rated/scored for conformance to RFP Requirements; pricing (400 of the 1000 points); financial viability and marketplace success; bidder's ability to sell and deliver services nationally; bidders marketing plan; value added attributes; warranty coverages and information; and depth and variety of equipment, products, or services. Twenty-five vendors submitted proposals, of which six vendors were awarded contracts.

PlayPower, Inc. was ranked number one out of the selected vendors. PlayPower, Inc.’s contract with Sourcewell is valid from February 17, 2021 through February 17, 2025. After council action on this item, staff will work with the City Attorney on a contract to be executed by the City Manager.

It is anticipated that public outreach for the play structure replacement project will occur in Fall 2022. A press release and direct mailing to households adjacent to the park would be done to notify residents of a public

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meeting. During the public meeting, residents would be presented with several play structure design options so that they can “vote” for their favorite design. Results of the voting would be used when considering which play structure would be installed. Staff is aiming to install both play structures in Spring 2023. However, it should be noted that schedules could shift depending on the timing of play structure availability.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute a contract with PlayPower, Inc. in the amount not to exceed $375,000 through a cooperative purchasing agreement with Sourcewell Contract #010521-LTS-3 and affirming the City Manager’s determination that the City’s public bidding requirement for the playground equipment has been satisfied by another government agency’s competitive bid procedure and the City’s price is equal to the price negotiated by that government agency for purchasing playground equipment.

Prepared by: Jenna Moncrief, Management Analyst

Reviewed by: Christine Engel, Community Services Director

Attachments:

1. Resolution - Campbell Park Play Structure Replacement

2. Sourcewell Contract

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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WOODLAND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH PLAYPOWER, INC. IN THE AMOUNT NOT TO
EXCEED $375,000 THROUGH A COOPERATIVE PURCHASING
AGREEMENT WITH SOURCEWELL CONTRACT #010521-LTS-3
WHEREAS, the City of Woodland (“City”) has identified the need to replace both play structures at Campbell Park; and
WHEREAS, The City’s purchasing ordinance (Municipal Code section 3.32.140c) provides that the City Manager may approve of the waiver of competitive bidding when a determination is made that competitive bidding has already been completed by another public agency; and
WHEREAS, staff has determined that the cooperative purchasing agreement satisfies the requirements of the City’s Purchasing Ordinance (Municipal Code section 3.32.140c) in that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better than the price to that public agency; and WHEREAS, PlayPower, Inc. has a cooperative purchasing agreement through Sourcewell Contract #010521-LTS-3.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODLAND DOES HEREBY RESOLVE AND FIND AS FOLLOWS: The City Council hereby affirms the City Manager’s determination that the City’s public bidding requirement has been satisfied by another government agency’s competitive bid procedure and the City’s price is equal to the price negotiated by that government agency for purchasing play structures. Additionally, the City Council hereby authorizes the City Manager to execute a contract with PlayPower Inc. in an amount not-to-exceed $375,000 through a cooperative purchasing agreement with Sourcewell Contract #010521-LTS-3.

PASSED AND ADOPTED by the City Council this 5 th day of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________
Ana B. Gonzalez, City Clerk Ethan Walsh, City Attorney

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Solicitation Number: RFP #010521

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PlayPower, Inc., 11515 Vanstory Drive #100, Huntersville, NC 28078 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

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All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable

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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing

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restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:

x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their

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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. GOVERNMENT DATA PRACTICES

Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.

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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE

Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

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15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance

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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40

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hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any

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agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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22. CANCELLATION

Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell PlayPower, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz W. Todd Brinker
Title: Director of Operations &
Procurement/CPO
Title: Senior Vice President Global Sales &
Marketing Outdoor Play

Date: ________________________

Date: ________________________
Approved:

By: __________________________

Chad Coauette
Title: Executive Director/CEO

Date: ________________________

Page 75 ends

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: F.9
SUBJECT: Agreement with Woodland Mid-Management Professional Association (MMPA)

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, implementing a two (2) year agreement (July 1, 2022 to June 30, 2024) with the Woodland Mid-Management Professional Association (MMPA).

Fiscal Impact
The current labor agreement for the MMPA covers salary and benefits for roughly 48 full-time equivalent positions at an annual cost of approximately $8.3 million. The terms of the proposed new two-year contract is expected to result in a 6.2% increase in total compensation over the two-year period. This increase will add approximately $1.1 million in total employee compensation costs, and adds $150,000 (averaging $75,000 per year) over the funding level assumed in the development of the FY2022/23 budget forecast. Approximately 40% of this bargaining group's costs are funded through the City's General Fund, with the balance funded through various enterprise and special revenue funds.

Background
The current labor agreement between the City and MMPA expired on June 30, 2022. In anticipation of this, the City began negotiating with MMPA on a successor labor agreement in February 2022, and reached a tentative agreement in mid-June. The tentative agreement was presented to and ratified by the MMPA membership, and tonight’s recommended Council action would formally ratify the terms of the new two (2) year agreement with MMPA.

Discussion
The proposed agreement provides for increases in salaries and cost of certain other benefits for covered employees while maintaining structural changes to the overall benefit package negotiated in prior agreements. The new contract also provides for ongoing stability in medical insurance rates, while at the same time providing adjustments reflecting anticipated cost of living adjustments and promoting retention and recruitment of employees.

The major terms of the new contract are as follows:

Cost of Living Adjustments (COLAs)
 July 1, 2022 4% COLA
 January 1, 2023 3% COLA
 July 1, 2023 3% COLA

Lump Sum Payment
Effective July 1, 2022, each member will receive a one-time lump sum payment equal to 2% of their base salary. This payment is not considered reportable compensation to CalPERS.

Deferred Compensation
Effective July 1, 2023, the City will match an individual’s deferred compensation contribution up to 3% of base salary (currently 2%).

Page 96 ends

Medical Health Insurance
No adjustment to the City's contribution towards health insurance over the two-year term.

Retiree Medical
For employees hired after July 1, 2006, the City will increase its contribution to the Retiree Health Savings Plans (RHSP) from $50/month to $100/month.

Longevity Pay
The contract provides for an adjustment to longevity pay and converts payments from an annual lump-sum payment to a monthly payment amount. The new schedule is as follows:

Length of Service Per Month Annual Amount
10 years $50 $ 600 15 years $75 $ 700 20 years $100 $1,200

Vacation Leave Maximum Accrual and Buy-out
An additional level of maximum vacation accruals and vacation buy-outs were added as follows:

Employees with fifteen (15) years of service or more may carry an unused balance of vacation leave of no more than fifty (50) days (400 hours) past January 1 of each year.

Employees with 8+ years of service may cash out up to ninety-six (96) hours of vacation each year.

Professional Growth Incentive
The City will allow employees to rollover all or a portion of the educational incentives not used during the prior fiscal year. In addition, the City clarified items that are eligible for reimbursement.

The City has also agreed to continue to meet with MMPA to discuss the Citywide policy regarding remote work, and its application to this group before August 31, 2022.

Conclusion
Staff recommends that the City Council adopt Resolution No. _____, implementing a two (2) year agreement (July 1, 2022 to June 30, 2024) with the Woodland Mid-Management Professional Association (MMPA).

Prepared by: Sheila McShane, Human Resources Manager

Approved by: Kim McKinney, Director of Administrative Services

Attachments:

1. MMPA MOU 2022 to 2024 Final

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MEMORANDUM OF

UNDERSTANDING
between the
City of Woodland
and the
Woodland
Mid-Management/
Professional Association
July 1, 2022 to June 30, 2024

Page 98 ends

MMPA
July 1, 2022 to June 30, 2024
2 RESOLUTION NO. _____

MEMORANDUM OF UNDERSTANDING

BETWEEN THE WOODLAND MID-MANAGEMENT PROFESSIONAL ASSOCIATION

AND THE CITY OF WOODLAND
The City of Woodland and the Woodland Mid-Management/Professional Association, representing employees employed by the City of Woodland in the classifications designated herein in Article I, Section I under the title “Application,” by and through their authorized representatives hereby ratify as and for a memorandum of understanding the attached Resolution entitled “A Resolution of the City Council of the City of Woodland Approving Certain Terms and Conditions for Mid-Management Unit Employees” including the exhibits appended hereto, and recommend that the Resolution shall be incorporated into the City’s adopted Personnel Rules and Regulations and thereafter the attached Resolution shall be used merely for purposes of interpreting the specific rules and regulations addressed. In resolving questions of interpretation, the Resolution shall be the primary source in all cases.

DATED: July 5, 2022
Representative of the Representative of the City of
Woodland Mid-Management/Professional Woodland
Association

Page 99 ends

MMPA
July 1, 2022 to June 30, 2024
3 RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WOODLAND APPROVING CERTAIN TERMS AND CONDITIONS FOR

MID MANAGEMENT UNIT EMPLOYEES
Table of Contents
ARTICLE I .....................................................................................................................................................................6 GENERAL PROVISIONS .........................................................................................................................................6

1.1 Application....................................................................................................................................................6

1.2 Term and Compensation Study.....................................................................................................................8 ARTICLE II....................................................................................................................................................................8 COMPENSATION .....................................................................................................................................................8

2.1 Salary (Modified July 2022) .........................................................................................................................8

2.2 Uniforms .......................................................................................................................................................8

2.3 Longevity Pay (Modified July 2022)............................................................................................................9

2.4 Promotional Pay............................................................................................................................................9

2.5 Out of Class Work ........................................................................................................................................9

2.6 Administrative Leave....................................................................................................................................9

2.7 Bilingual Pay...............................................................................................................................................10

2.8 Jury Duty.....................................................................................................................................................10

2.9 Library Sunday Hours.................................................................................................................................10

2.10 Deferred Compensation (Modified July 2022)...........................................................................................11 ARTICLE III.................................................................................................................................................................11 EDUCATION INCENTIVE.....................................................................................................................................11

3.1 Professional Growth Incentive (Modified July 2022) ................................................................................11 ARTICLE IV ................................................................................................................................................................12 MEDICAL AND RELATED BENEFITS................................................................................................................12

4.1 Medical Insurance.......................................................................................................................................12

4.2 Medical Insurance Upon Retirement ..........................................................................................................12

4.3 Dental Insurance .........................................................................................................................................15

4.4 Long Term Disability Insurance .................................................................................................................15

4.5 Vision Insurance .........................................................................................................................................15

4.6 Life Insurance .............................................................................................................................................15

4.7 Flexible Spending Account.........................................................................................................................15

4.8 Reopener on Medical Insurance Upon Retirement.....................................................................................15 ARTICLE V..................................................................................................................................................................15 LEAVES ...................................................................................................................................................................15

5.1 Holidays ......................................................................................................................................................15

5.2 Vacation Leave (Modified July 2022) ........................................................................................................16

Page 100 ends

MMPA
July 1, 2022 to June 30, 2024
4 5.3 Sick Leave...................................................................................................................................................17

5.4 Catastrophic Illness or Injury......................................................................................................................17 ARTICLE VI ................................................................................................................................................................17 RETIREMENT .........................................................................................................................................................17

6.1 Retirement...................................................................................................................................................17 ARTICLE VII ...............................................................................................................................................................18 WORKING CONDITIONS......................................................................................................................................18

7.1 Work Hours.................................................................................................................................................18

7.2 Contracting Out...........................................................................................................................................18

7.3 Introduction of New Technology................................................................................................................18

7.4 Association Leave.......................................................................................................................................19

7.5 Other Working Conditions Not Set Forth Herein.......................................................................................19 ARTICLE VIII..............................................................................................................................................................19 OTHER COMPENSABLE ITEMS NOT SET FORTH HEREIN...........................................................................19

8.1 Other Compensable Items not set Forth Herein..........................................................................................19 APPENDIX A (Modified July 2022)...........................................................................................................................20 SALARY SCHEDULE EFFECTIVE JULY 1, 2022...............................................................................................20

Page 101 ends

MMPA
July 1, 2022 to June 30, 2024
5 ARTICLE I

GENERAL PROVISIONS

1.1 Application

1.1.1 This Resolution applies to employees in the following classifications and ranges:

Accountant I 116
Accountant II 120
Assistant Engineer 125
Assistant Planner 118
Associate Civil Engineer 131
Associate Engineer 127
Associate Planner 124
Building Inspection Services Manager 132
Chief Building Official 140
Chief Collection Systems Operator 132
Chief Plant Operator 132
Chief Project Engineer 145
Chief Water Systems Operator 132
Children's Librarian II 118
City Engineer 145
Communications Manager 131
Community Services Program Manager 125
Construction Project Manager 129
Economic Development Manager 136
Environmental Resources Analyst 127
Environmental Sustainability Manager 131
Finance Officer 141
Financial Services Manager 136
Fleet & Facilities Manager 131
Housing Analyst I (formerly Redevelopment &
Housing Analyst I) 120

Page 102 ends

MMPA
July 1, 2022 to June 30, 2024
6 Housing Analyst II (formerly Redevelopment &
Housing Analyst II) 124
Information Technology Manager 138
Infrastructure O & M Superintendent 132
Junior Engineer 121
Junior Planner 113
Laboratory & Environmental Compliance Mgr 129
Laboratory Supervisor 127
Librarian I 114
Librarian II 118
Librarian III 122
Management Analyst I 120
Management Analyst II 125
Marketing and Business Relations Specialist 120
Office Manager 115
Operations and Maintenance Superintendent 137
Park Planner 132
Park Superintendent 132
Planning Manager 140
Police Records Manager 120
Principal Civil Engineer 141
Principal Planner 136
Principal Utilities Civil Engineer 141
Public Works O&M Infrastructure Administrator 141
Purchasing Manager 123
Recreation Superintendent 131
Redevelopment Manager 136
Senior Accountant 125
Senior Application Analyst 132
Senior Associate Civil Engineer 134
Senior Center Manager 120
Senior Civil Engineer 138

Page 103 ends

MMPA
July 1, 2022 to June 30, 2024
7 Senior Construction Project Manager 131
Senior Management Analyst 131
Senior Planner 132
Senior Systems Analyst 132
Social Services Manager 132
Utilities Administrator 141
Wastewater Systems Administrator 141
Water Pollution Control Facility Superintendent 141
Water Systems Administrator 141

1.2 Term and Compensation Study

1.2.1 Except where the context otherwise determines or otherwise provides, the provisions of this Resolution shall apply from the first full pay period after Association ratification and adoption of the agreement by the City Council on its regular agenda consistent with the Brown Act through June 30, 2024.

1.2.2 The City and the Association will meet to discuss the need to conduct an analysis of benchmark city selection and a compensation study prior to the start of negotiations.

ARTICLE II

COMPENSATION

2.1 Salary (Modified July 2022)

2.1.1 Salary schedules for unit classifications shall be increased by as follows:
July 1, 2022: 4% COLA
January 1, 2023: 3% COLA
July 1, 2023: 3% COLA

2.1.2One-Time Payment:

Each member will receive a one-time lump sum payment equal to two percent (2%) of their base salary on July 1, 2022. This payment is not considered reportable compensation for CalPERS reporting purposes.

2.2 Uniforms

2.2.1 Represented employees required by their Department Director to wear a uniform shall, at the Departments Director's discretion, be provided with the uniform and corresponding

Page 104 ends

MMPA
July 1, 2022 to June 30, 2024
8 laundry service for the uniform. Employees required by their Department Director to wear safety boots shall be entitled to up to a maximum of $100.00 per fiscal year to purchase a replacement pair upon written evidence of purchase of acceptable safety boot determined by the Department.

2.3 Longevity Pay (Modified July 2022)

2.3.1 The City shall pay longevity pay according to the following schedule on a monthly basis.

Length of Service Annual Amount
Monthly Amount
10 years $ 600 $ 50.00
15 years $ 900 $ 75.00
20 years $1,200 $100.00

2.4 Promotional Pay

2.4.1 The City agrees that all promotions within the unit shall result in a minimum five percent (5%) increase in pay for the affected employee.

2.5 Out of Class Work

2.5.1 Assignment to perform work of a higher level classification Employees assigned by their supervisor to perform the essential duties of a higher level classification shall receive an additional five percent (5%) of base pay as out of class compensation. In the case of assignment, the minimum period of time to be eligible for out of class work pay must be twenty-four (24) consecutive work hours (3 days). Payment shall continue for the term of the assignment to the higher level classification duties. Assignments shall be limited to six (6) months, which may be extended on approval of the City Manager.

2.5.2 Assignment as Acting Department Head In the case of assignment as an acting department head, the minimum period of time to be eligible for acting pay must be twenty-four (24) consecutive work hours (3 days). The compensation shall be an additional ten percent (10%) of the base pay. Payment shall continue for the term of the assignment to the higher level classification duties. Acting assignments shall be limited to six (6) months, which may be extended on approval of the City Manager.

2.5.3 Assignment of duties beyond the scope of employee’s classification: Employees assigned to perform significant and additional duties outside the scope of their job description shall receive an additional five percent (5%) of base pay as special assignment pay. In the case of assignment, the minimum period of time to be eligible for out of class work pay must be twenty-four (24) consecutive work hours (3 days).

2.5.4 No simultaneous pay: Employees may not receive more than one out of class pay under this provision at a time.

2.6 Administrative Leave

2.6.1 Each represented employee shall receive an annual bank of ninety-six (96) hours administrative leave on July 1 of each year. This administrative leave shall be in addition to accrued vacation leave and other leaves provided by the City.

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9 Administrative leave shall be subject to the same rules for usage and accounting as vacation leave with the following exceptions:
Each employee may, at his/her request, have up to forty (40) unused hours of the bank paid directly to him/her at their hourly rate of pay in effect at the time of the request.
No employee may carry over any balance past June 30 each year.

2.6.4 It is recognized that in some instances unit employees may be required to work extraordinarily long hours on special projects or unique circumstances. Should such an extraordinary occasion arise, the Department Director may recommend to the City Manager that the employee be granted additional Administrative Leave in addition to the 96 hours already provided subject to the following provisions:

2.6.4.1 Additional Administrative Leave hours granted cannot exceed 24 hours in any Fiscal Year.

2.6.4.2 Additional Administrative Leave hours must be approved by the Personnel Officer and specifically authorized by the City Manager.

2.6.4.3 Additional Administrative Leave shall not be construed to constitute overtime compensation nor be applied on an hour for hour basis.

2.6.5 Employees terminating prior to January 1 of any fiscal year shall be responsible for repaying a prorated share of Administrative Leave credited to them on July 1. For example, an employee working 25% of the year would owe the City 60 hours of Administrative Leave. If more than 20 hours of Administrative Leave had already been taken in time off or cash, at the time of termination, the employee would be responsible for payment of the balance of the hours due in either vacation leave or in cash. Cash payment would be made at the current rate of pay.

2.7 Bilingual Pay

2.7.1 Designated bilingual employees shall receive additional compensation above their regular salary at a rate of Two Hundred Dollars ($200) per month.

2.8 Jury Duty

2.8.1 Employees shall be entitled to receive full pay in addition to any compensation received for serving as a member of a jury. This does not include Grand Jury duty.

2.9 Library Sunday Hours

2.9.1 Tenured Librarians shall not be required to work on Sundays more frequently than one Sunday in four.

2.9.2 If the Librarian scheduled to work on a Sunday is unable to work (illness or approved absence), then no other Librarian shall be required to change his/her schedule to cover that absence unless (1) approved by the Library Services Director and (2) the Librarian is agreeable to work that Sunday.

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10 2.10 Deferred Compensation (Modified July 2022)
The City of Woodland will match an individual’s deferred compensation contribution up to two percent (2%) of the individual’s base salary as reflected in Appendix A. Only plans approved by the City in its deferred compensation program will be eligible for City contribution. At the time of this contract ratification, the City offers three deferred compensation providers from which employees may select. Individual employees will be responsible to ensure their contribution and the City’s matching contribution meet Internal Revenue Code Section 457 deferred compensation program requirements. In addition, as their salary is adjusted, individual employees will be responsible to make periodic changes to the amounts of compensation deferred.

Effective July 1, 2023, the City will match an individual’s deferred compensation contribution up to three percent (3%) of the individual’s base salary.

ARTICLE III

EDUCATION INCENTIVE

3.1 Professional Growth Incentive (Modified July 2022)

3.1.1 Employees covered by this Resolution are eligible to participate in the Professional Growth Incentive Program. Employees may receive a reimbursement for professional memberships (including licenses, applications and renewal fees), subscriptions, professional training, attainment of academic degrees and related fees, and equipment limited to desktop computers or components (memory, hard drives, video cards, power supplies, mother boards), keyboards, monitors (maximum 32 inches), computer mouse(s)/pointing devices, laptop/notebook/tablet computers, printers, City standard suite of office productivity software (currently Microsoft Office Suite), security software, videoconferencing cameras and microphones, and cellular phones and related charging accessories, unless considered used mostly for personal entertainment. Smart watches and wireless earbuds are not eligible for reimbursement under this section. All such requests require advance approval by the City. Reimbursement per fiscal year per employee shall be $625.00. In the event that the full reimbursement amount is not used in any fiscal year, the amount will carry over to the next fiscal year. Under no circumstances will an employee be eligible to carry over more than $625.

3.1.2 Employees terminating prior to January 1 of any fiscal year shall be responsible for repaying a prorated share of Professional Reimbursement they have spent. For example, an employee working 25% of the year would be entitled to a Professional Reimbursement not to exceed, $156.25. If employee received a reimbursement of greater than $156.25, at the time of termination, the employee would be responsible for payment of the difference. This will be taken out of the employee’s final check. If there is not enough funds to cover this amount, the City will invoice the employee for the difference. Funds carried over from a previous fiscal year are not subject to proration.

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11 ARTICLE IV

MEDICAL AND RELATED BENEFITS

4.1 Medical Insurance

4.1.1 The City shall make available to all unit employees, the CalPERS medical insurance program. Employees shall have the option of enrolling in any of the plans provided by CalPERS.

4.1.2 For Employees hired before October 26, 2006, the City provides a two tier medical benefits program:
Tier One: Employee Only and Employee plus One
Tier Two: Employee plus Family

4.1.2.1 Employees hired before October 26, 2006 who provide proof of dual coverage under PERS or other medical insurance programs may decline to accept medical coverage. These employees shall be eligible for a payment of $ 405 per month.

4.1.3 The City shall make available to all unit employees, a medical insurance program through CalPERS or a program which offers a quality and variety of plans at least equivalent to the medical insurance program offered by CalPERS. Employees shall have the option of enrolling in any of the plans.

4.1.4 For all benefited Employees, the City provides a three tier medical benefits program:
Tier One: Employee Only
Tier Two: Employee plus One
Tier Three: Employee plus Family

4.1.5 Employees who provide proof of dual coverage under PERS or other medical insurance programs may decline to accept medical coverage. These employees shall be eligible for a payment of $405 per month.

4.1.6 The City shall contribute up to the following amounts towards employee medical insurance coverage and cafeteria plan benefit:

January 1 Employee
Only
Employee
plus One
Employee plus
Family
2023 $844.54 $1,689.07 $2,195.79
2024 $844.54 $1,689.07 $2,195.79

4.2 Medical Insurance Upon Retirement

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12 4.2.1 Employees who retire from the City may be eligible for Medical Insurance in accordance with the CalPERS Medical Plan. Dental, Vision and Long Term Disability Insurance is not provided to retirees.

4.2.2 For employees who were hired before July 1, 2006, with ten (10) or more years of service with the City of Woodland, who either retire and are eligible to receive benefits under the City's PERS plan or retire for disability under PERS shall be eligible for continued health and life insurance coverage subject to the following terms and conditions:

4.2.2.1 Employees 50 years old or older who separate from City service but postpone application to receive PERS retirement benefits must pay the premiums for any continued insurance coverage until the application for benefits is approved;

4.2.2.2 Retirees who are eligible for Medicare must enroll in Medicare or lose City Benefits as allowed by PEMHCA.

4.2.2.3 The parties agree that upon written notification by the City to the Association, the City and the Association agree to meet and confer through the impasse process to negotiate the City’s contribution related to Medicare eligible retirees.

4.2.2.3.1 Retirees who were hired prior to July 1, 2006, have a vested right to receive full medical insurance benefits in retirement equal to the total medical benefit provided to active employees. In the immediate case, such retirees shall receive the combined value of the medical benefit and the cafeteria plan benefit to equal the total benefit. In future cases, should the City again restructure its health care benefits, such retirees shall continue to receive the full value provided to active employees for health benefits irrespective of how they may subsequently be structured.

4.2.2.4 Life Insurance will be continued with the same benefit level and conditions as active employees except as adjusted according to the schedule outlined in the City's "Life Insurance Outline of Benefits" or in any modifications or other plans that replace the current plan.

4.2.2.5 Health Insurance coverage will be coordinated with Medicare when retirees become eligible. and

4.2.2.6 Dental, Vision and Long Term Disability Benefits will not be offered or provided to retirees.

4.2.3 Employees who were hired on or after July 1, 2006, and have ten (10) or more years of service with the City of Woodland who either retire and are eligible to receive benefits under the City's PERS plan or retire for disability under PERS shall be eligible for continued health and life insurance coverage subject to the following terms and conditions will receive medical insurance benefits in retirement as follows:

4.2.3.1 Insurance benefits levels to retirees who were hired after July 1, 2006, will receive a benefit equal only to the Public Employees’ Medical and Hospital Care Act ( PEMHCA) Medical Benefit.

4.2.3.2 Retirement Health Savings Plan. The City of Woodland has established a program in which employees participate to save, on a tax deferred basis, money

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13 to help pay the cost of healthcare once an individual retires. The Retirement Health Savings Plan (RHSP) may be used for medical, dental and vision care as well as other healthcare expenses.

4.2.3.2.1 For employees hired on or after July 1, 2006, participation in the City’s RHSP is mandatory.

4.2.3.2.2 Contributions: The City shall contribute $100 per month to the employee’s RHSP account; the employee shall contribute $50 per month to their RHSP account. These contributions shall start after an employee has successfully completed their initial probationary period. However, upon successful completion of probation, the City shall contribute a lump sum of $100 per month for each month served in the employee’s initial probation.

4.2.3.2.3 Initial Probationary Period. During an employee’s initial probationary period with the City, neither the employee nor the City shall contribute to the employee’s RHSP account. The initial probationary period is that probationary period when an employee is first hired. A probationary period is also in effect when an individual changes classification or is promoted to a higher classification; City and employee contributions to RHSP accounts will continue during such promotional probationary periods.

4.2.3.2.4 Conversion of Sick Leave. Once an employee has accrued 500 hours of sick leave, the City shall convert 50% of additional sick leave earned to a cash contribution to an employee’s RHSP account.

This results in all sick leave earned above 500 hours being changed to 4 hours per month (versus 8 hours) with the value of 4 hours of salary being contributed to the employee’s RHSP account. If accrued sick leave balance falls below 500 hours, the employee will once again accrue 8 hours of sick leave, until the sick leave accrued balance exceeds 500, then sick leave will be changed to 4 hours per month with the value of 4 hours of salary being contributed to the employee’s RHSP.

4.2.3.2.5 Employees hired prior to July 1, 2006, were provided, on a one-time, irrevocable basis, the opportunity to opt out of the City’s retiree medical plan (paragraph 4.2.2). Employees who selected this option shall continue to participate in the City’s retiree health savings plan under the terms set forth above in paragraph 4.2.3. For these employees, the City’ contribution is $250 per month and the employee’s contribution is $50 per month. At the employee’s option, any portion of this $250 City contribution may be paid into an approved deferred compensation plan.

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14 4.3 Dental Insurance

4.3.1 The City shall maintain in effect the Dental Insurance Program for the term of this agreement.

4.4 Long Term Disability Insurance

4.4.1 The City shall continue to provide a long-term disability insurance plan for all represented employees with benefits equivalent to that provided by the current plan.

4.5 Vision Insurance

4.5.1 The City shall continue to provide employees covered by this Resolution with vision insurance benefits equivalent to that provided in the current plan.

4.6 Life Insurance

4.6.1 The City shall maintain in effect life insurance for represented employees in the amount of Fifty Thousand Dollars ($50,000.00).

4.7 Flexible Spending Account

4.7.1 The City will maintain in effect a qualified plan under Internal Revenue Code Section 125.

Such account shall provide for pre-tax treatment of employee obligations for medical and dependent care costs.

4.8 Reopener on Medical Insurance Upon Retirement

4.8.1 The parties agree to meet and discuss for the purpose of discussing options for reducing the City’s costs associated with funding of the current retiree medical benefits, with the shared goal of ensuring that full funding of retiree medical benefits are sustainable within the City’s long term financial plan. Any changes shall be by mutual agreement.

ARTICLE V
LEAVES

5.1 Holidays

5.1.1 City holidays to be observed by represented employees shall be:

January 1st
Third Monday in January (Martin Luther King's Birthday) Third Monday in February (Presidents Day)
Fourth Monday in May (Memorial Day)
July 4th
First Monday in September (Labor Day)
November 11th (Veteran's Day)
Thanksgiving Day

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15 The Day after Thanksgiving Day
Christmas Eve – ½ day (observed last workday before Christmas) December 25th (Christmas Day)

5.1.2 In addition, each represented employee shall have 16 hours added to his/her vacation leave total as of July 1 each year.

An employee must work or be paid for all or part of both the employee’s regularly scheduled workday before and after a holiday to be eligible for that holiday.

5.1.3 Represented employees in permanent part-time positions shall receive pay for City holidays on a pro-rata basis regardless of whether they are scheduled to work holiday or not. The pro-rata holiday benefit to be received shall be equal to the employee's average daily work hours, regardless of the time they would have otherwise been scheduled to work.

5.2 Vacation Leave (Modified July 2022)

5.2.1 The vacation leave earning rate for each employee shall be as follows:

Years of Service Vacation Earned Per Month
0 through 3 years 7.0 hours
4 through 5 years 9.0 hours
6 through 10 years 11.3 hours
11 through 15 years 13.3 hours
16 through 20 years 15.3 hours
Over 20 years 16.6 hours

5.2.2 Employees with less than ten (10) years of service with the City may carry an unused balance of vacation leave of no more than thirty-four (34) days (272 hours) past January 1 of each year. Employees with ten (10) years of service or more may carry an unused balance of vacation leave of no more than forty-four (44) days (352 hours) past January 1 of each year. Employees with fifteen (15) years of service or more may carry an unused balance of vacation leave of no more than fifty (50) days (400 hours) past January 1 of each year.

5.2.3 No employee may buy out more than ninety six (96) hours of vacation per calendar year.

Employees may cash out accrued vacation leave once they have three or more years of service. Each calendar year an employee may, at employee’s request, cash out up to ninety six (96) accrued hours of vacation based on the chart below.

Years of Service Annual Maximum Vacation Leave
Cash out
0 to 3 years 0 hours
3 to 5 years 40 hours

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16 5 to 8 years 80 hours
8 + years 96 hours
Vacation leave hours are paid directly to employee at their regular hourly rate of pay at the time of the request in lieu of time off providing the employee is taking at least a cumulative total of 40 hours of vacation leave per calendar year. Payment will be made at the straight time rate.

5.3 Sick Leave

5.3.1 Represented full-time employees shall accrue sick leave at the rate of one (1) day per month.

5.4 Catastrophic Illness or Injury

5.4.1 Represented employees may donate portions of their Vacation or Administrative Leave accumulations to the Catastrophic leave bank to benefit employees who have suffered catastrophic illness or injury. Employees receiving donations of time from the bank must first exhaust all available vacation, administrative time and sick leave.

ARTICLE VI

RETIREMENT

6.1 Retirement

6.1.1 The City will continue its participation in the Public Employee's Retirement System during the term of this agreement.

6.1.2 Permanent Employees of the City of Woodland fall under one of the three CalPERS Pension formulas as follows:
Tier 1: Employees hired by the City of Woodland on or before December 4, 2012 or who are legacy/classic members as defined by CalPERS are eligible for the

2.7% @ 55 CalPERS retirement pension program calculated at the single highest year pensionable compensation formula.
Tier 2: Employees hired by the City of Woodland on or after December 5, 2012 and before January 1, 2013 or who are new hires to the city of Woodland but are legacy/classic members determined by CalPERS are eligible for the 2% @ 60 CalPERS retirement pension program calculated at the three-year average pensionable compensation formula.
Tier 3: Public Employees’ Pension Reform Act (PEPRA) Employees hired on or after January 1, 2013 and who are not CalPERS legacy/classic members are eligible for the 2% @ 62 CalPERS retirement pension program calculated at the three-year average pensionable compensation formula.

6.1.3 PERS Employee Contribution towards Employee’s Share of Retirement cost.

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17 Tier 1 employees shall continue to pay the full 8% of pensionable salary of the employee share towards the 2.7%@55 CalPERS retirement pension program. Tier 2 employees shall continue to pay the full 7% of pensionable salary of the employee share towards the 2%@60 CalPERS retirement pension program. Tier 3 (PEPRA) employees shall continue to pay 50% of the normal cost as determined by CalPERS towards the 2%@62 CalPERS retirement pension program.

6.1.4 Employee Cost Sharing towards Employers Cost of CalPERS Retirement Pension Program

6.1.4.1 Pursuant to Public Employees Retirement Law § 20516 employees in Tier 1 & Tier 2 will pay 3% of pensionable compensation towards the employers share of CalPERS retirement in additional to the contribution towards the employee share of retirement as described in the section above. Employees in Tier 3 (PEPRA) will not contribute an additional percentage of pensionable compensation towards the employer’s share of CalPERS in addition to the 50% of normal cost as determined by CalPERS for Tier 3 (PEPRA) employees. This represents a 3% reduction in the PERS contribution. The City adopted a resolution pursuant to IRS Code §4.14(h)(2) to allow this payment on a pre-tax basis.

6.1.5 The City provides the 1959 Survivor's Security Benefit as specified in the Government Code, Section 20862.8. This benefit provides a monthly allowance to certain eligible survivors of an employee who dies prior to retirement.

6.1.6 The City provides the sick leave conversion benefit as specified in the Government Code, Section 20862.8.

ARTICLE VII

WORKING CONDITIONS

7.1 Work Hours

7.1.1 Work hours for represented employees shall be those agreed to between the employee and his/her Department Director.

7.2 Contracting Out

7.2.1 City shall notify the Association of any formal consideration made by the City Council for the contracting of services presently performed by represented employees. Whenever the City contemplates contracting such services, the City shall endeavor to have the new contractor give first consideration for employment opportunities to represented employees who would be displaced from their job as a result of the contract.

7.2.2 The City retains the right to decide to contract out prior to beginning negotiations.

However, the City shall negotiate the effect of contracting out with the Association prior to taking any further action to contract out.

7.3 Introduction of New Technology

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18 7.3.1 The City agrees to confer with representatives of Association on the impacts of the City’s decision to introduce of new technology into work performed by classes represented by the Association.

7.4 Association Leave

7.4.1 Each month, elected officers of the Association shall be entitled to take leave with pay from work in order to perform Association business, but such leave shall be limited to an aggregate total of eight (8) hours per calendar month. Each employee taking such leave shall arrange a convenient time approved in advance by his/her immediate supervisor.

Unused time shall not accumulate for use in future months, without prior written approval by the City's Personnel Officer.

7.4.2 Association employees authorized by the Association president shall be entitled to use work time in order to prepare and distribute an Association Newsletter. Such time off shall be taken only with advance approval by the employee's immediate supervisor and the maximum time off allowed in the aggregate, shall be (10) hours per month. Unused time shall not accumulate for use in future months without prior written approval by the City's Personnel Officer.

7.5 Other Working Conditions Not Set Forth Herein

7.5.1 Other working conditions not set forth herein for employees covered by this Resolution shall continue as applicable on December 7, 2011, unless determined otherwise by the Woodland City Council in accordance with law or required otherwise by law.

ARTICLE VIII.

OTHER COMPENSABLE ITEMS NOT SET FORTH HEREIN

8.1 Other Compensable Items not set Forth Herein

8.1.1 Other items not set forth herein which are compensable as terms and conditions of employment of the employees covered by this Resolution shall continue to be compensated by the City of Woodland at the rate applicable on Exhibit A, unless determined otherwise by the Woodland City Council in accordance with law or required otherwise by law.

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

AYES: Members Fernandez, Garcia-Cadena, Lansburgh, Stallard and Mayor Vega NOES: None
ABSENT: None
ABSTAIN: None
Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk
Attachment: Appendix A

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20 APPENDIX A (Modified July 2022)
SALARY SCHEDULE EFFECTIVE JULY 1, 2022

CLASSIFICATION RANGE A STEP B STEP C STEP D STEP E STEP F STEP Accountant I 116 $5,178.43 $5,437.34 $5,709.21 $5,994.66 $6,294.40 $6,609.12 Accountant II 120 $5,716.01 $6,001.81 $6,301.89 $6,616.98 $6,947.83 $7,295.23 Assistant Engineer 125 $6,467.13 $6,790.49 $7,130.01 $7,486.52 $7,860.84 $8,253.88 Assistant Planner 118 $5,440.57 $5,712.60 $5,998.23 $6,298.15 $6,613.05 $6,943.70 Associate Civil Engineer 131 $7,499.89 $7,874.88 $8,268.63 $8,682.05 $9,116.17 $9,571.98 Associate Engineer 127 $6,794.53 $7,134.26 $7,490.96 $7,865.53 $8,258.80 $8,671.74 Associate Planner 124 $6,309.40 $6,624.87 $6,956.11 $7,303.91 $7,669.12 $8,052.57 Building Inspection
Services Manager 132 $7,687.38 $8,071.76 $8,475.34 $8,899.11 $9,344.07 $9,811.27 Chief Building Official 140 $9,366.34 $9,834.65 $10,326.39 $10,842.70 $11,384.84 $11,954.08 Chief Collection Systems
Operator 132 $7,687.38 $8,071.76 $8,475.34 $8,899.11 $9,344.07 $9,811.28 Chief Plant Operator 132 $7,687.38 $8,071.76 $8,475.34 $8,899.11 $9,344.07 $9,811.28 Chief Project Engineer 145 $10,597.16 $11,127.00 $11,683.37 $12,267.53 $12,880.90 $13,524.94 Chief Water Systems
Operator 132 $7,687.38 $8,071.76 $8,475.34 $8,899.11 $9,344.07 $9,811.27 Children's Librarian II 118 $5,440.57 $5,712.59 $5,998.23 $6,298.15 $6,613.05 $6,943.70 City Engineer 145 $10,597.15 $11,127.00 $11,683.37 $12,267.53 $12,880.90 $13,524.94 Communications Manager 131 $7,499.89 $7,874.88 $8,268.63 $8,682.05 $9,116.17 $9,571.98 Community Services
Program Manager 125 $6,467.13 $6,790.49 $7,130.01 $7,486.52 $7,860.84 $8,253.88 Construction Project
Manager 129 $7,138.50 $7,495.43 $7,870.19 $8,263.71 $8,676.90 $9,110.74 Economic Development
Manager 136 $8,485.44 $8,909.71 $9,355.20 $9,822.96 $10,314.10 $10,829.81 Environmental Resources
Analyst 127 $6,794.53 $7,134.26 $7,490.96 $7,865.53 $8,258.80 $8,671.73 Environmental
Sustainability Manager 131 $7,499.89 $7,874.88 $8,268.63 $8,682.05 $9,116.17 $9,571.98 Finance Officer 141 $9,600.50 $10,080.51 $10,584.54 $11,113.78 $11,669.47 $12,252.94 Financial Services
Manager 136 $8,485.44 $8,909.71 $9,355.20 $9,822.96 $10,314.10 $10,829.81 Fleet & Facilities Manager 131 $7,499.88 $7,874.89 $8,268.63 $8,682.06 $9,116.17 $9,571.98 Housing Analyst I
(formerly Redevelopment
& Housing Analyst i) 120 $5,716.01 $6,001.81 $6,301.88 $6,616.98 $6,947.83 $7,295.23 Housing Analyst II
(formerly Redevelopment
& Housing Analyst Ii) 124 $6,309.40 $6,624.87 $6,956.11 $7,303.91 $7,669.12 $8,052.57 Information Technology
Manager 138 $8,915.01 $9,360.76 $9,828.80 $10,320.23 $10,836.25 $11,378.07 Infrastructure O & M
Superintendent 132 $7,687.38 $8,071.76 $8,475.34 $8,899.11 $9,344.07 $9,811.28 Junior Engineer 121 $5,858.90 $6,151.84 $6,459.44 $6,782.41 $7,121.54 $7,477.62 Junior Planner 113 $4,808.68 $5,049.10 $5,301.56 $5,566.64 $5,844.98 $6,137.22 Laboratory &
Environmental Compliance
Mgr 129 $7,138.50 $7,495.43 $7,870.19 $8,263.71 $8,676.90 $9,110.74

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21 Laboratory Supervisor 127 $6,794.53 $7,134.25 $7,490.96 $7,865.53 $8,258.80 $8,671.73 Librarian I 114 $4,928.90 $5,175.34 $5,434.11 $5,705.81 $5,991.09 $6,290.65 Librarian II 118 $5,440.57 $5,712.59 $5,998.23 $6,298.15 $6,613.05 $6,943.70 Librarian III 122 $6,005.37 $6,305.64 $6,620.94 $6,951.97 $7,299.58 $7,664.55 Management Analyst I 120 $5,716.01 $6,001.80 $6,301.88 $6,616.98 $6,947.83 $7,295.23 Management Analyst II 125 $6,467.12 $6,790.49 $7,130.01 $7,486.52 $7,860.83 $8,253.88 Marketing and Business
Relations Specialist 120 $5,716.01 $6,001.80 $6,301.88 $6,616.98 $6,947.83 $7,295.23 Office Manager 115 $5,052.11 $5,304.71 $5,569.95 $5,848.45 $6,140.88 $6,447.92 Operations and
Maintenance
Superintendent 137 $8,697.58 $9,132.46 $9,589.09 $10,068.54 $10,571.97 $11,100.57 Park Planner 132 $7,687.38 $8,071.76 $8,475.34 $8,899.11 $9,344.07 $9,811.28 Park Superintendent 132 $7,687.38 $8,071.76 $8,475.34 $8,899.11 $9,344.07 $9,811.28 Planning Manager 140 $9,366.34 $9,834.65 $10,326.39 $10,842.70 $11,384.84 $11,954.08 Police Records Manager 120 $5,716.01 $6,001.80 $6,301.88 $6,616.98 $6,947.83 $7,295.23 Principal Civil Engineer 141 $9,600.50 $10,080.51 $10,584.54 $11,113.78 $11,669.47 $12,252.94 Principal Planner 136 $8,485.44 $8,909.71 $9,355.20 $9,822.96 $10,314.10 $10,829.81 Principal Utilities Civil
Engineer 141 $9,600.50 $10,080.51 $10,584.54 $11,113.78 $11,669.47 $12,252.94 Public Works O&M
Infrastructure Admin 141 $9,600.50 $10,080.51 $10,584.54 $11,113.78 $11,669.47 $12,252.94 Purchasing Manager 123 $6,155.51 $6,463.28 $6,786.45 $7,125.77 $7,482.06 $7,856.16 Recreation Superintendent 131 $7,499.89 $7,874.88 $8,268.63 $8,682.05 $9,116.17 $9,571.98 Redev. & Housing Analyst
I (renamed to Housing
Analyst I) 120 $5,716.01 $6,001.81 $6,301.88 $6,616.98 $6,947.83 $7,295.23 Redev. & Housing Analyst
II (renamed to Housing
Analyst II) 124 $6,309.40 $6,624.87 $6,956.11 $7,303.91 $7,669.12 $8,052.57 Redevelopment Manager 136 $8,485.44 $8,909.71 $9,355.20 $9,822.96 $10,314.10 $10,829.81 Senior Accountant 125 $6,467.13 $6,790.49 $7,130.01 $7,486.52 $7,860.84 $8,253.88 Senior Application Analyst 132 $7,687.38 $8,071.76 $8,475.34 $8,899.11 $9,344.07 $9,811.28 Senior Associate Civil
Engineer 134 $8,076.57 $8,480.39 $8,904.42 $9,349.63 $9,817.12 $10,307.98 Senior Center Manager 120 $5,716.01 $6,001.81 $6,301.88 $6,616.98 $6,947.83 $7,295.23 Senior Civil Engineer 138 $8,915.01 $9,360.76 $9,828.80 $10,320.23 $10,836.25 $11,378.07 Senior Construction
Project Manager 131 $7,499.89 $7,874.88 $8,268.63 $8,682.05 $9,116.17 $9,571.98 Senior Management
Analyst 131 $7,499.89 $7,874.88 $8,268.63 $8,682.05 $9,116.17 $9,571.98 Senior Planner 132 $7,687.38 $8,071.76 $8,475.33 $8,899.11 $9,344.07 $9,811.27 Senior Systems Analyst 132 $7,687.38 $8,071.76 $8,475.34 $8,899.11 $9,344.07 $9,811.28 Social Services Manager 132 $7,687.38 $8,071.76 $8,475.33 $8,899.11 $9,344.07 $9,811.27 Sports Manager 125 $6,467.13 $6,790.49 $7,130.01 $7,486.52 $7,860.84 $8,253.88 Transportation Engineer 134 $8,076.57 $8,480.39 $8,904.42 $9,349.63 $9,817.12 $10,307.98 Treatment Plant
Superintendent 137 $8,697.58 $9,132.46 $9,589.09 $10,068.54 $10,571.97 $11,100.57 Utilities Administrator 141 $9,600.50 $10,080.51 $10,584.54 $11,113.78 $11,669.47 $12,252.94

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MMPA
July 1, 2022 to June 30, 2024
22 Wastewater Systems
Administrator 141 $9,600.50 $10,080.51 $10,584.54 $11,113.78 $11,669.47 $12,252.94 Water Pollution Control
Facility Superintendent 141 $9,600.50 $10,080.51 $10,584.54 $11,113.78 $11,669.47 $12,252.94 Water Systems
Administrator 141 $9,600.50 $10,080.51 $10,584.54 $11,113.78 $11,669.47 $12,252.94

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 5, 2022
ITEM #: F.10
SUBJECT: Agreement with Woodland Police Officer's Association (WPOA)

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, implementing a three (3) year agreement (July 1, 2022 to June 30, 2025) with the Woodland Police Officer's Association (WPOA) as described herein.

Fiscal Impact
The current labor agreement for the WPOA covers salary and benefits for roughly 70 full-time equivalent positions at an annual cost of approximately $11.2 million. The terms of the proposed new contract are expected to result in a 9.2% increase in total compensation over the three-year period. This increase will add approximately $3.4 million in total employee compensation costs, and adds $300,000 (averaging $100,000 per year) over the funding level assumed in the development of the FY2022/23 budget forecast. Approximately 90% of this bargaining group's costs are funded through the City's General Fund, with the balance funded through various special revenue funds and special sales tax Measures F and R.

Background
The current labor agreement between the City and WPOA expired on June 30, 2022. In anticipation of this, the City began negotiating with WPOA on a successor labor agreement in February 2022, and reached a tentative agreement in mid-June. The tentative agreement was presented to and ratified by the MMPA membership, and tonight’s recommended Council action would formally ratify the terms of the new three (3) year agreement with WPOA.

Discussion
The proposed agreement provides for increases in salaries and the cost of certain other benefits for covered employees while maintaining structural changes to the overall benefit package negotiated in prior agreements.

The new contract also provides for ongoing stability in medical insurance rates, while at the same time providing adjustments reflecting anticipated cost of living adjustments and promoting retention and recruitment of employees.

The major terms of the contract are as follows:

Cost of Living Adjustments (COLAs)
 July 1, 2022 4.0%
 January 1, 2023 1.0%
 July 1, 2023 2.0%
 January 1, 2024 2.0%
 July 1, 2024 2.0%
 January 1, 2025 1.0%

Shift Differential Pay
Employees regularly assigned to work swing shift will receive a shift differential of 2% of base pay for all regularly scheduled hours worked on swing shift, and employees assigned to work graveyard shift will receive a shift differential of 3% of base pay.

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Medical Health Insurance
The City and WPOA have agreed to increases in the amount contributed by the City for health insurance. The contribution will increase by 3% on January 1, 2023 and 4% thereafter. The maximum monthly City contribution will be as follows:

Tier 1/1/2023 1/1/2024 1/1/2025
Employee Only $967.77 $1,006.48 $1,046.74
Employee Plus One $2,031.07 $2,112.31 $2,196.80
Employee Plus Family $2,596.76 $2,700.63 $2,808.66

*If the CalPERS PORAC rates increase by more than ten percent (10%) in any given year, the City shall increase the contribution by fifty percent (50%) of the amount over the ten percent (10%) increase.

Retiree Medical
For employees hired after July 1, 2006, the City will increase its contribution to the Retiree Health Savings Plans (RHSP) from $50/month to $100/month.

Sick Leave Accrual
Sick leave accrual is increased from eight (8) hours per month to ten (10) hours per month.

Conclusion
Staff recommends that the City Council adopt Resolution No. _____, implementing a three (3) year agreement (July 1, 2022 to June 30, 2025) with the Woodland Police Officer's Association (WPOA) as described herein.

Prepared by: Sheila McShane, Human Resources Manager

Approved by: Kim McKinney, Director of Administrative Services.

Attachments:

1. Police Officers MOU July 2022 draft

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MEMORANDUM OF UNDERSTANDING

BETWEEN THE
WOODLAND POLICE OFFICERS’ ASSOCIATION
OF THE

CITY OF WOODLAND
The City of Woodland and the Woodland Police Officers' Association, representing employees employed by the City of Woodland in the classifications of Police Officer, Community Services Officer, Crime Prevention Specialist, Senior Police Records Specialist and Police Records Specialist by and through their authorized representatives, hereby ratify as and for a Memorandum of Understanding the attached Resolution entitled "A Resolution of the City Council of the City of Woodland Approving Certain Terms and Conditions for Police Employees" and the exhibits appended hereto, and recommend that the same be adopted by the City Council of the City of Woodland. Provisions outlined in this Resolution shall be incorporated into the City's adopted Personnel Rules and Regulations and, thereafter, the attached Resolution shall be used for the purpose of interpreting the specific rules and regulations addressed. In resolving questions of interpretation the Resolution shall in all cases be the primary source.

DATED:

David Shepard, President of the Woodland Representative of the Police Officers’ Association City of Woodland
The foregoing Resolution and exhibits appended thereto hereby are approved by the City Council of the City of Woodland on this 5th day of July 2022.

Mayor

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Woodland Police Officers’ Association
Memorandum of Understanding
July 1, 2022 – June 30, 2025
2 RESOLUTION NO. _____

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF WOODLAND

AND THE
WOODLAND POLICE OFFICERS’ ASSOCIATION

TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS............................................................................3

1.1 Recognition............................................................................................................3

1.2 Term ......................................................................................................................3

1.3 Peaceful Performance ...........................................................................................3

1.4 Salary Survey ........................................................................................................3

1.5 Base Rate of Pay ...................................................................................................3

1.6 Regular Rate of Pay ..............................................................................................3 ARTICLE II – COMPENSATION .....................................................................................5

2.1 Salary ....................................................................................................................5

2.2 Uniform Allowance...............................................................................................5

2.3 Personal Property ..................................................................................................6

2.4 City Equipment and Clothing Return....................................................................6

2.5 Call-Back Pay .......................................................................................................7

2.6 Departmental Meetings and Training ...................................................................7

2.7 Overtime Pay.........................................................................................................8

2.8 Compensatory Time Usage...................................................................................9

2.9 Court Appearance .................................................................................................9

2.10 On-Call Pay.........................................................................................................10

2.11 Longevity Pay .....................................................................................................10 ARTICLE III - SPECIAL ASSIGNMENTS.....................................................................11

3.1 Field Training Officer .........................................................................................11

3.2 Corporal ..............................................................................................................11

3.3 Canine Officer.....................................................................................................11

3.4 Bilingual Pay.......................................................................................................12 ARTICLE IV - EDUCATIONAL INCENTIVE...............................................................13

4.1 POST Certificates ...............................................................................................13

4.2 Training and Travel Expenses.............................................................................13 ARTICLE V - MEDICAL AND RELATED BENEFITS ................................................14

5.1 Medical Insurance ...............................................................................................14

5.2 Medical Insurance Upon Retirement ..................................................................15

5.3 Sick Leave...........................................................................................................16

5.4 Dental Insurance .................................................................................................16

5.5 Vision/Optical .....................................................................................................17

5.6 Life Insurance .....................................................................................................17

5.7 Flexible Spending Account.................................................................................17

5.8 Use of Tobacco Products ....................................................................................17

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Woodland City CouncilJuly 5, 2022

Woodland City Council
July 5, 2022