Woodland City Council
July 19, 2022

3. Affirms that there have been no new conditions that would require the submittal of new studies PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the July 19, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

Ana Gonzalez, City Clerk Ethan Walsh, City Attorney
Dated:

RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WOODLAND FOR APPROVAL OF THE DESIGN AND SITE PLAN
REVIEW FOR THE RUBY ESTATES RANCH R-15 DEVELOPMENT
WHEREAS, the applicant, The New Home Company of Northern California LLC, Planning Application # PLNG 20-0032, to request approval of a design review application for the Ruby Estates R-15 project application; and
WHEREAS, the applicant prepared landscape plans and architectural designs, as attached to this Resolution as Exhibit “A”; and
WHEREAS, on June 16, 2022, the Planning Commission of the City of Woodland (“Planning Commission”) held a duly noticed public hearing at which all persons wishing to testify in connection with the project application were heard, and all other relevant information contained in the record were comprehensively reviewed by the Planning Commission; and WHEREAS, at the conclusion of the public hearing before the Planning Commission, the Planning Commission voted (5 Ayes, 0 No, 2 Absent) to recommend to the City Council that the Design Review be approved; and
WHEREAS, on July 19, 2022 the City Council of the City of Woodland (“City Council”) held a duly noticed public hearing at which all persons wishing to testify in connection with the Project application were heard, and the Design Review and all other relevant information contained in the record were comprehensively reviewed by the City Council; and WHEREAS¸ pursuant to California state law and the Woodland Municipal Code, public hearing notices were mailed to all property owners within a 300-foot radius of the subject property, and a public hearing notice was published for a minimum of ten days prior to the public hearing in the Daily Democrat; and
WHEREAS, a desired intent of the SLSP is to create variety and interest along a street. Toward this end, the applicant has worked to develop architectural styles that provide significant differentiation yet still appears as a cohesive project; and WHEREAS, the project proposes to landscape both public and private spaces. The public parkway strips will be landscaped as well as interior paseos, walkways, open space, alleys and patios.

WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Woodland, based on substantial evidence in the administrative record of proceedings and pursuant to its independent

review and consideration, does hereby find and determine that the proposed design review, landscaping, and architectural design does meet the Spring Lake Specific Plan Design Standards as conditioned.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

Ana Gonzalez, City Clerk Ethan Walsh, City Attorney
Dated:

Exhibit A – Design Booklet

5'-0" Garage 20'-4" x 20'-0"
58'-0" pad a/c Yard 330 sq. ft. 185 s.f. min. easement First Floor 689 s.f. easement Great Room 14'-8" x 14'-10" Kitchen Entry Pdr Porch 49'-0" 4'-0"
3'-6" 5'-6" 6'-0" 7'-0" Recycle Trash Compost UP 17R drop zone Meters Meters Alt. Location Opt. Dr. Dining 11'-1" x 11'-8" 21'-3" 3'-9" 11 l.f. of upper cab. 18 l.f. of lower cab. 3'-6" 26'-0" 20'-6" 4'-0" 4'-0" Primary Bedroom 13'-10" x 15'-8" Bedroom 2 10'-0" x 12'-0" Bedroom 3 10'-0" x 12'-0" Primary Bath W.I.C. 20'-10" l.f. linen Laund. Second Floor 1028 s.f. Hall Bath2 DN 17R 10'-1112" 10'-312" 42" x 60" 2'-1" 46'-11" 3'-9" 25'-0"
28'-6" 14'-7" 3'-10" 2'-1" std. shelf opt. upper cabs. 25'-0" A1.1 FLOOR PLAN 1 0 4 8 12 Scale: 3/16" = 1'-0" 3 BEDROOMS 2.5 BATHS 1,724 S.F. Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022

Front Elevation 1A - Farmhouse ROOF PLAN 1 OVERHANG : 12" RAKE : 12" ROOF PITCH :6:12 U.N.O 6:12
6:12
RIDGE
6:12
RIDGE
6:12
RIDGE 4:12 6:12 Possible solar panel location Possible solar panel location Right Elevation Rear Elevation 9'-034" 9'-034" +/- 27'-2" F.F. P.L. P.L. F.F. Siding & Trim occur when Right elev. is at a Corner Lot Left Elevation A1.2 PLAN 1A - EXTERIOR ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022 0 4 8 16 0 4 8 16 0 4 8 16 0 4 8 16 1A - Material Legend: Flat Concrete Tile Roofing Stucco Finish Cementitious Board and Batt Siding Decorative Gable End Detail Enhanced Head and Sill Trim

Front Elevation 1B - Craftsman ROOF PLAN 1 OVERHANG : 18" RAKE : 12" ROOF PITCH :5:12 U.N.O 5:12 5:12 RIDGE 4:12
4:12
RIDGE
4:12
RIDGE
4:12
4:12
RIDGE 4:12
4:12
4:12
R. Possible solar panel location Possible solar panel location VALLEY VALLEY VALLEY VALLEY Right Elevation Rear Elevation 9'-034" 9'-034" +/- 26'-9" F.F. P.L. P.L. F.F. Siding & Trim occur when Right elev. is at a Corner Lot Left Elevation A1.3 PLAN 1B - EXTERIOR ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022 0 4 8 16 0 4 8 16 0 4 8 16 0 4 8 16 1B - Material Legend: Flat Concrete Tile Roofing Stucco Finish Cementitious Lap Siding Decorative Gable End Detail Enhanced Head and Sill Trim

Front Elevation 1C - Spanish ROOF PLAN 1 OVERHANG : 12" RAKE : 12" ROOF PITCH :5:12 U.N.O RIDGE 5:12
RIDGE
5:12
RIDGE 4:12 5:12 5:12 Possible solar panel location Possible solar panel location Possible solar panel location Possible solar panel location 4:12
5:12
RIDGE
4:12

VALLEY VALLEY
VALLEY VALLEY Right Elevation Rear Elevation
9'-034" 9'-034" +/- 26'-8" F.F. P.L. P.L. F.F. Trim occurs when Right elev. is at a Corner Lot Left Elevation A1.4 PLAN 1C - EXTERIOR ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022 0 4 8 16 0 4 8 16 0 4 8 16 0 4 8 16 1C - Material Legend: Low Profile 'S' Tile Roofing Stucco Finish Decorative Shutters Decorative Gable End Detail Enhanced Head and Sill Trim

1B - Right Elevation at Corner Lots1A - Right Elevation at Corner Lots 1C - Right Elevation at Corner Lots A1.5 PLAN 1 CORNER LOT ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022

Garage 20'-6" x 20'-0"
58'-0" pad a/c Yard 332 sq. ft. 185 s.f. min. easement First Floor 788 s.f. easement Great Room 18'-1" x 21'-6" Kitchen Entry Pdr 49'-0" 4'-0" 36'-0" 3'-6" 29'-0" 3'-6" Recycle Trash Compost UP
17R Meters Drop Zone Meters Alt. Location
7'-0" 6'-0" 4'-0" 5'-6" 4'-0" P. Low Linen Opt. Dr. 3'-6" 21'-5" 7'-7" 22 l.f. of upper cab. 18 l.f. of lower cab. 1'-0" 24'-9" 24'-3" 4'-0"
5'-0"
1'-0"
4'-0" Bath2 Primary Bedroom 15'-0" x 14'-0" Bedroom 2 10'-1" x 10'-5" Bedroom 3 10'-1" x 11'-7" Primary Bath W.I.C. 22'-2" l.f. Laund. DN17R Second Floor 1166 s.f. Hall High Glass High Glass High Glass Loft / Opt. Flex 12'-9" x 13'-9" Linen
5 Shelves 21'-5" 7'-7" 29'-0"
46'-3" 2'-9" 1'-0" 13'-0" 16'-0"
24'-9" 24'-3" DN17R High Glass High Glass Flex 8'-11" x 9'-9" Opt. Flex std. shelf opt. upper cabs. High Glass High Glass 48" x 42" Shelf A2.1 FLOOR PLAN 2 0 4 8 12 Scale: 3/16" = 1'-0" 3 BEDROOMS 2.5 BATHS 1,954 S.F. Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022

Front Elevation 2A - Farmhouse ROOF PLAN 2 OVERHANG : 12" RAKE : 6" ROOF PITCH :6:12 U.N.O 6:12
6:12
RIDGE
6:12
6:12
RIDGE 6:12 6:12 RIDGE 6:12
6:12

VALLEY VALLEY
VALLEY VALLEYPossible solar panel location Possible solar panel location Right Elevation Rear Elevation 9'-034" 9'-034" +/- 26'-4" F.F. P.L. P.L. F.F. Siding & Trim occur when Right elev. is at a Corner Lot Left Elevation A2.2 PLAN 2A - EXTERIOR ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022 0 4 8 16 0 4 8 16 0 4 8 16 0 4 8 16 2A - Material Legend: Flat Concrete Tile Roofing Stucco Finish Decorative Shutters Cementitious Board & Batt Siding Decorative Gable End Detail Enhanced Head and Sill Trim

Front Elevation 2B - Craftsman ROOF PLAN 2 OVERHANG : 18" RAKE : 12" ROOF PITCH :4:12 U.N.O 6:12 6:12 RIDGE 4:12
4:12
RIDGE
4:12
4:12
RIDGE 4:12
4:12

VALLEY VALLEY
VALLEY VALLEY Possible solar panel location Possible solar panel location Right Elevation Rear Elevation 9'-034" 9'-034" +/- 26'-4" F.F. P.L. P.L. F.F. Siding & Trim occur when Right elev. is at a Corner Lot Left Elevation A2.3 PLAN 2B - EXTERIOR ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022 0 4 8 16 0 4 8 16 0 4 8 16 0 4 8 16 2B - Material Legend: Flat Concrete Tile Roofing Stucco Finish Decorative Shutters Cementitious Lap Siding Decorative Gable End Detail Enhanced Head and Sill Trim

Front Elevation 2C - Spanish ROOF PLAN 2 OVERHANG : 12" RAKE : 12" ROOF PITCH :6:12 U.N.O 6:12
6:12
RIDGE
4:12
4:12
RIDGE 6:12 6:12 RIDGE 4:12
4:12
VALLEY
VALLEY VALLEYPossible solar panel location Possible solar panel location VALLEY Right Elevation Rear Elevation 9'-034" 9'-034" +/- 26'-4" F.F. P.L. P.L. F.F. Left Elevation A2.4 PLAN 2C - EXTERIOR ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022 0 4 8 16 0 4 8 16 0 4 8 16 0 4 8 16 2C - Material Legend: Low Profile 'S' Tile Roofing Stucco Finish Decorative Shutters Decorative Gable End Detail Enhanced Head and Sill Trim

2B - Right Elevation at Corner Lots2A - Right Elevation at Corner Lots 2C - Right Elevation at Corner Lots A2.5 PLAN 2 CORNER LOT ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022

Garage 20'-0" x 20'-0" 6'-0" 4'-0"
6'-0" 7'-0" 4'-0"
6'-10" 42'-2" 4'-0"
58'-0" 38'-6" 3'-6" 31'-6" 3'-6" pad a/c Zone Drop coats/ storage UP 17R Porch Bath3 Bedroom 4 10'-0" x 10'-11" Yard 270 sq. ft. 272 s.f. min. Great Room 14'-0" x 13'-6" Dining 16'-0" x 10'-4" easement First Floor 963 s.f. easement 5'-6" Recycle Trash Compost Meters 12'-312" 20'-11" 10'-7" 3'-6" Kitchen 18.5 l.f. of upper cab. 24.5 l.f. of lower cab. 14'-6" 10'-0" 23'-0" 1'-6" 4'-0" Second Floor
5'-0"
5'-0" 1168 s.f. DN 17R Primary Bath Bedroom 3 11'-8" x 11'-1" Bedroom 2 11'-8" x 11'-1" Laund. Primary Bedroom 15'-4" x 15'-10" Bath2 W.I.C. 22'-5" l.f. high glass high glass 6'-6" 12'-11"
Linen
5 Shelves Hall opt. low linen / workspace std. shelf opt. upper cabs. 43'-2" 6'-10"
6'-10" 26'-5" 14'-3" 2'-6" 20'-11" 10'-7" 26'-212" 5'-312" A3.1 FLOOR PLAN 3 0 4 8 12 Scale: 3/16" = 1'-0" 4 BEDROOMS 3 BATHS 2,132 S.F. Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022

Front Elevation 3A - Farmhouse ROOF PLAN 3 OVERHANG : 12" RAKE : 12" ROOF PITCH :6:12 U.N.O 6:12
RIDGE
6:12
6:12 4:12 RIDGE
4:12 Possible solar panel location Possible solar panel location 6:12 RIDGE 6:12 VALLEY VALLEY Right Elevation Rear Elevation 8'-1134" 9'-034" +/ 27'-4" F.F. P.L. P.L. F.F. Siding & Trim occur when Right elev. is at a Corner Lot Left Elevation A3.2 PLAN 3A - EXTERIOR ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022 0 4 8 16 0 4 8 16 0 4 8 16 0 4 8 16 3A - Material Legend: Flat Concrete Tile Roofing Stucco Finish Cementitious Board and Batt Siding Decorative Gable End Detail Enhanced Head and Sill Trim

Front Elevation 3B - Craftsman ROOF PLAN 3 OVERHANG : 18" RAKE : 12" ROOF PITCH :5:12 U.N.O 4:12 5:12
4:12
4:12
RIDGE Possible solar panel location Possible solar panel location 4:12
5:12
5:12
RID.

RIDGE
5:12
5:12 5:12 5:12 RIDGE VALLEY VALLEY Right Elevation Rear Elevation 8'-1134" 9'-034" +/ 26'-5" F.F. P.L. P.L. F.F. Siding & Trim occur when Right elev. is at a Corner Lot Left Elevation A3.3 PLAN 3B - EXTERIOR ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022 0 4 8 16 0 4 8 16 0 4 8 16 0 4 8 16 3B - Material Legend: Flat Concrete Tile Roofing Stucco Finish Cementitious Lap Siding Decorative Gable End Detail Enhanced Head and Sill Trim

Front Elevation 3C - Spanish ROOF PLAN 3 OVERHANG : 12" RAKE : 12" ROOF PITCH :6:12 U.N.O4:12 RIDGE 4:12 Possible solar panel location 4:12 RIDGE 4:12
4:12 4:12 RIDGE Possible solar panel location
4:12

RIDGE VALLEY VALLEY
4:12
4:12
RIDGE
VALLEY VALLEY 4:12 Right Elevation Rear Elevation
8'-1134" 9'-034" +/ 27'-8" F.F. P.L. P.L. F.F. Left Elevation A3.2 PLAN 3A - EXTERIOR ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022 0 4 8 16 0 4 8 16 0 4 8 16 0 4 8 16 3C - Material Legend: Low Profile 'S' Tile Roofing Stucco Finish Decorative Shutters Decorative Gable End Detail Enhanced Head and Sill Trim

3B- Right Elevation at Corner Lots3A - Right Elevation at Corner Lots 3C - Right Elevation at Corner Lots A3.5 PLAN 3 CORNER LOT ELEVATIONS 0 2 4 8 Architecture + Planning 888.456.5849 ktgy.com # RUBY ESTATES WOODLAND, CA 2021-1319 SCHEMATIC DESIGN MARCH 10, 2022

RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WOODLAND APPROVING TENTATIVE SUBDIVISION MAP No. 5221,
FOR RUBY ESTATES R-15 PROJECT IN SPRING LAKE, IN
ACCORDANCE WITH THE CONDITIONS OF APPROVAL.

WHEREAS, the applicant, The New Home Company of Northern California LLC of Northern California LLC, filed Planning Application # PLNG 22-00032, proposing a Tentative Subdivision Map (TSM No.5221), to develop 7.03 acres of the Heritage Remainder project area within Spring Lake(APN:042-030-054);
WHEREAS, the applicant prepared a tentative subdivision map, as attached to this Resolution as Exhibit“A” for TSM 5221; and
WHEREAS, On June 16, 2022, the Planning Commission held a duly noticed public hearing concerning the proposed Ruby Estates Tentative Subdivision Map Project, which is depicted in Exhibit A herein. After the hearing, the Planning Commission recommended 5 to 0 (two absenses) City Council approve the adoption of the Ruby Estates Development as proposed.

WHEREAS, the Woodland City Council held a duly noticed public hearing on July 19, 2022, to review and consider recommending to the City Council approval of the proposed Ruby Estates Project in Spring Lake (“Project”) Tentative Subdivision Map No. 5221; and WHEREAS¸ pursuant to California state law and the Woodland Municipal Code, public hearing notices were mailed to all property owners within a one thousand-foot (1,000-ft) radius of the subject property, and a public hearing notice was published for a minimum of ten days prior to the public hearing in the Daily Democrat; and
WHEREAS, the SLSP requires that each development application include certain projectlevel and project-specific technical analyses to demonstrate consistency with the performance thresholds and requirements of the SLSP and SLSP Mitigation Monitoring Plan (MMP). All the required studies have been submitted for the subject project and reviewed by staff, and the following conclusions have been reached: a) the studies satisfy the SLSP requirements; b) applicable requirements or conditions recommended in the studies have been included in the conditions of approval for the subject project; c) the studies identify no environmental circumstances specific to the subject site or the proposed project that were not previously anticipated and addressed in the original EIR and later addenda; and WHEREAS, the City of Woodland hereby finds that these studies provide the substantial evidence demonstrating that the Project as conditioned is consistent with the adopted Specific Plan and fulfills all conditions and CEQA mitigation measures; therefore, pursuant to Section 65457(a) of the California Government Code and Section 15182(a) of the CEQA Guidelines, no other CEQA clearance is required for the City to take action to approve this Project; and

WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED, , that the City Council of the City of Woodland, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby make the following findings, and determinations, for the Tentative Subdivision Maps No.5221:

1. General Plan Consistency Findings:
a. The Project is consistent with the goals and policies of the General Plan in that the proposed modification does not alter the land use designation for single family residential densities.
b. The Project is consistent with the goals and policies of the Housing Element by meeting the requirements of the Spring Lake Affordable Housing Plan as conditioned.

2. Spring Lake Specific Plan Consistency Findings:
a. The Project is consistent with the policy language (goals, policies, and objectives) of the SLSP based upon a detailed analysis performed comparing the Project proposal to each section of the SLSP, and through various conditions or components of the Development Agreement, consistency has been ensured. b. The Project is consistent with the land use summary and other relevant plan text throughout the SLSP in that the project itself is comprised of single family lots, this is not a substantial deviation from the Plan goal.
c. The Project is consistent with Development Regulations in the SLSP including a determination of substantial consistency with Regulations 2.6, 6.1, 6.4, and 6.7, which preclude the submittal of final maps until infrastructure plans are completed and tentative maps made consistent, if applicable.
d. The Project as conditioned is consistent with the SLSP design standards and SLSP Affordable Housing Plan.

3. Tentative Subdivision Map Findings concerning Tentative Subdivision Map (No. 5221):

a. The proposed Tentative Subdivision Map as conditioned is consistent with the City’s General Plan, including the Housing Element, and the Spring Lake Specific Plan. The proposed Tentative Map will implement the General Plan by providing the opportunity for development of small lot for-sale, single family housing within the community. The Tentative Subdivision Map is also consistent with the City’s Community Design Guidelines.
b. The Tentative Subdivision Map depicts a site that is physically suitable for development. There are no conditions that would render the Property unsuitable for residential development.
c. The Project site is physically suitable for the proposed density of development. The site is of a sufficient size and shape to allow the proposed density, and the subdivision will be able to accommodate the future development of residential units given the shape and topography of the Project site.
d. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The Biological Resources Assessment (Jurisdictional Delineation and Special Status Species, Gibson & Skordal, December 2003) shows that there would not be any significant and unavoidable impacts related to existing habitat. SLSP Mitigation measures regarding biological studies prior to construction activity are required. As part of the SLSP requirements, the project has mitigated for agriculture and hawk habitat
e. The design of the proposed subdivision will not cause serious public health problems and is not anticipated to have any negative impacts on Project residents or occupants of the surrounding area. The project has exceeded requirements for on-site parking.
f. The subdivision designs will not conflict with easements acquired by the public at large, for access through or use of property with the proposed subdivision, absent alternative, equivalent easements. Any new easements have been made conditions of map approval.
g. Any proposed phases and their proposed sequence of construction are identified on the submitted maps.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

Ana Gonzalez, City Clerk Ethan Walsh, City Attorney
Dated:

Exhibit A – Tentative Map (dated , 2022) and TSM #5221
Exhibit B –Ruby Estates Development Standards

Exhibit A
Ruby Estates Tentative Subdivision Map No. 5221

Exhibit B
Ruby Estates Planned Development Overlay Standards
Ruby Estates PD Overlay Development Standards
Lot Size
Area 1,900 – 3,000 sq/ft (2,367sq/ft average)
Width 20-52 ft (37ft average)
Permitted Density
Maximum Density per lot 1 dwelling
Setbacks
Front (Paseo) 4ft
Front (Public Road) 10ft
Side 3.5ft
Rear 4ft from alley 10ft from site perimeter
Coverage
Maximum Lot Coverage 67% (40-67%)
Height
Maximum Height 23ft
Parking
Minimum Parking 2 per dwelling
Supplemental Design Standards
Front Yard Stagger Non required
Mix of Two-story units No limit
Second Story Separation A minimum of 7 feet shall be provided between second story elements of adjacent
two-story dwellings
Architectural Design Architectural treatment shall be applied to all elevations of buildings as identified in the
Design Review booklet.

Notes:
(1) Steps may encroach into the setback
(2) Second Story Elements such as but not limited to eaves and cornices may encroach up to 1ft into a required setback provided adequate access/emergency egress paths are maintained.

82093.00038\40315156.1
Ruby Estates PD Ordinance Page 1
ORDINANCE NO. _1693_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WOODLAND APPROVING PLANNED DEVELOPMENT OVERLAY

STANDARDS AND CONDITIONAL USE PERMIT FOR THE RUBY
ESTATES TENTATIVE SUBDIVISION MAP No. 5221 SPRING LAKE

PROJECT SITE IN ACCORDANCE WITH THE CONDITIONS OF
APPROVAL.

WHEREAS, the applicant, The New Home Company of Northern California LLC filed Planning Application #PLNG22-00032, Request to approve a Tentative Subdivision Map (TSM #5221), to allow Planned Development Overlay, a Conditional Use Permit, Site Plan and Design Review, and an Amended and Restated Development Agreement for a parcel of land located within the Spring Lake Specific Plan Area to develop 87 single-family lots, consistent with the Medium Density General Plan land use designation and multi-family R-15 Spring Lake Specific Plan designation; and
WHEREAS, the applicant prepared a Site Development Plan, dated June 24, 2022, to illustrate the site layout, standards, and pre-plot plan; and WHEREAS, the applicant has prepared development standards for the Ruby Estates R15 project as well as the Site Development Plan which shall serve as the approved development standards for all lots, as amended by the Conditions of Approval; and WHEREAS, the proposed project is consistent the City’s General Plan (“General Plan”) and with the Spring Lake Specific Plan.

WHEREAS, the Planning Commission of the City of Woodland held a duly noticed public hearing on June 16, 2022, to review and consider recommending approval of the proposed Ruby Estates R-15, Planned Development Overlay, and Conditional Use Permit, at which time interested persons had an opportunity to provide comments either in support or opposition to the Project. The Planning Commission voted (5 Ayes, 0 Noes 2 Absent) to recommend approval to the City Council; and
WHEREAS, on July 19, 2022, the City Council conducted a public hearing pursuant to Government Code section 65867, not less than ten (10) days notice of which was provided in accordance with Government Code sections 65090 and 65091, at which hearing all persons wishing to testify in connection with the Development Agreement were heard and at which time the Development Agreement was comprehensively reviewed; and WHEREAS, on July 19, 2022, the City Council introduced this Ordinance through a waiving of the first reading of this Ordinance; and
WHEREAS; pursuant to the California Environmental Quality Act (CEQA) Public Resources Code section 21000 et seq., the proposed Project is consistent with the Environmental Impact Report (SCH #99022069, Turn of the Century EIR) on the Spring Lake Specific Plan certified on August 15, 2000 and with prior addenda to the Turn of the Century EIR; and

82093.00038\40315156.1
Ruby Estates PD Ordinance Page 2
WHEREAS¸ pursuant to California state law and the Woodland Municipal Code, public hearing notices were mailed to all property owners within a 300-foot radius of the subject properties, and a public hearing notice was published for a minimum of ten days prior to the public hearing in the Daily Democrat and emailed to interested parties; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date and has recommended to the City Council approval of the proposed Ruby Estates Ranch R-15 Planned Development and Conditional Use Permit.

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

Section 1. Purpose and Authority. The purpose of this ordinance is to approve the Planned Development Overlay Standards for the Ruby Estates Tentative Subdivision Map Project site.

This ordinance is adopted pursuant to Government Code sections 65853-65860, and other applicable law.

Section 2. Findings. The City Council finds and determines as follows:

A. On June 16, 2022, the Planning Commission held a duly noticed public hearing concerning the proposed Ruby Estates Tentative Subdivision Map Project, which is depicted in Exhibit A herein. After the hearing, the Planning Commission recommended (5 to 0) City Council approve the Ruby Estates development as proposed with the adoption of the Planned Development Standards which are included as Exhibit B and incorporated herein.

B. The proposed project is consistent with the Spring Lake Specific Plan (SLSP) Environmental Impact Report (SCH #99022069, Turn of the Century EIR) certified on August 15, 2000 and adoption of addenda to the Turn of the Century EIR dated December 18, 2000, November 19, 2002, December 17, 2002, and April 15, 2003.

C. The SLSP requires that each development application include certain project-level and project-specific technical analyses to demonstrate consistency with the performance thresholds and requirements of the SLSP and SLSP Mitigation Monitoring Plan (MMP).

All the required studies have been submitted for the subject project and reviewed by staff, and the following conclusions have been reached: a) the studies satisfy the SLSP requirements; b) applicable requirements or conditions recommended in the studies have been included in the conditions of approval for the subject project; c) the studies identify no environmental circumstances specific to the subject site or the proposed project that were not previously anticipated and addressed in the original EIR and later addenda.

D. The proposed Planned Development Overlay is consistent with and would implement the policies of the City of Woodland General Plan.

E. The area is physically suited to the uses authorized under the R-15 zoning.

82093.00038\40315156.1
Ruby Estates PD Ordinance Page 3
F. The proposed Planned Development Standards are compatible with the land uses existing and permitted on the properties in the vicinity in that it does not modify the setbacks required under the existing R-15 zoning (adjacent to existing homes).

G. The land uses and their density and intensity, allowed in the proposed zones are not likely to create serious health problems or create nuisances on properties in the vicinity, because the TSM proposes to build out in the middle of the density range allowed under R-15 zoning (10-15dua) and will be not be built out at the maximum allowed density.

Section 3. Approval of Planned Development Overlay. The City Council hereby approves the Planned Development Overlay Standards for the Ruby Estates Tentative Subdivision Map Project site, which is shown in Attachment A, and Planned Development Standards as shown in Attachment B.

Section 4. Severability. If any part of this ordinance is held by a court of competent jurisdiction to be invalid or unenforceable, then such decision shall not affect the validity of the remaining parts, which shall remain in full force and effect.

Section 5. Effective Date. This ordinance shall take effect no sooner than 30 days after its final passage.

Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary thereof to be published in the Daily Democrat, a newspaper of general circulation, printed and published in the city of Woodland and county of Yolo, at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, 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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Ruby Estates PD Ordinance Page 4
INTRODUCED by the City Council on the 19th day of July, 2022.

PASSED AND ADOPTED by the City Council of the City of Woodland a regular meeting of the City Council held on the ____ day of ________, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

Ana Gonzalez, City Clerk Ethan Walsh, City Attorney
Dated:

Exhibit A – Planned Development
Exhibit B – Planned Development Standards

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Ruby Estates PD Ordinance Page 5
Exhibit A
Ruby Estates Tentative Subdivision Map No. 5221

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Ruby Estates PD Ordinance Page 6
Exhibit B
Ruby Estates Planned Development Overlay Standards
Ruby Estates PD Overlay Development Standards
Lot Size
Area 1,900 – 3,000 sq/ft (2,367sq/ft average)
Width 20-52 ft (37ft average)
Permitted Density
Maximum Density per lot 1 dwelling
Setbacks
Front (Paseo) 4ft
Front (Public Road) 10ft
Side 3.5ft
Rear 4ft from alley 10ft from site perimeter
Coverage
Maximum Lot Coverage 67% (40-67%)
Height
Maximum Height 23ft
Parking
Minimum Parking 2 per dwelling
Supplemental Design Standards
Front Yard Stagger Non required
Mix of Two-story units No limit
Second Story Separation A minimum of 7 feet shall be provided between second story elements of
adjacent two-story dwellings
Architectural Design Architectural treatment shall be applied to all elevations of buildings as identified in
the Design Review booklet.

Notes:
(1) Steps may encroach into the setback
(2) Second Story Elements such as but not limited to eaves and cornices may encroach up to 1ft into a required setback provided adequate access/emergency egress paths are maintained.

ORDINANCE NO. _1694____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WOODLAND, CALIFORNIA APPROVING AN AMENDED AND

RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

WOODLAND, THE NEW HOME COMPANY OF NORTHERN

CALIFORNIA LLC AND RUBY REALTY INVESTORS, LLC TO USE
AND DEVELOP THE RUBY ESTATES (R-15 HERITAGE REMAINDER
PHASE 1) PROJECT SITE LOCATED WITHIN THE SPRING LAKE

SPECIFIC PLAN AREA
WHEREAS, pursuant to Government Code Section 65864 et seq., the City of Woodland (“City”) is authorized to enter into development agreements providing for the development of land under the terms and conditions set forth herein; and
WHEREAS, the City has found that development agreements strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, The New Home Company of Northern California LLC. (“Developer”) and Ruby Realty Investors, LLC (“Owner”) propose to develop certain real property located in the City of Woodland (Property”), more particularly described in the Development Agreement, as and incorporated herein by reference, for residential use (“Project”); and WHEREAS, Developer’s and Owner’s collective interest in the Property constitutes a legal or equitable interest in real property pursuant to Government Code Section 65865; and WHEREAS, Developer and Owner propose the Project to achieve the goals of the City’s General Plan (“General Plan”) and the Spring Lake Specific Plan (“SLSP”); and WHEREAS, the City desires timely, efficient, orderly, and proper development of the Project in furtherance of the goals of the General Plan and SLSP; and WHEREAS, the City Council has found that the Development Agreement is consistent with the City’s General Plan and the SLSP; and
WHEREAS, because of the logistics, magnitude of the expenditure, and considerable lead time prerequisite to planning and developing the Project, the Developer and Owner require assurances that the Project can proceed without disruption caused by a change in the City’s planning policies and requirements, except as provided in the Development Agreement, which assurances will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project; and

WHEREAS, City has determined that by entering into the Development Agreement, City will (i) promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and the SLSP and (ii) benefit from increased housing opportunities created by the Project for residents of the City; and WHEREAS, it is the intent of the City and Developer and Owner to establish certain conditions and requirements related to review and development of the Project that are or will be the subject of subsequent development applications for the Project; and WHEREAS, the City and Developer and Owner have reached mutual agreement and desire to voluntarily enter into the Development Agreement to facilitate development of the Project, subject to conditions and requirements set forth herein; and the Planning Commission recommended to the City Council approval of both the Tentative Subdivision Map #5221 for the Ruby Estates Project Site and the Development Agreement; and WHEREAS, on July 19, 2022, the City Council conducted a public hearing pursuant to Government Code section 65867, not less than ten (10) days notice of which was provided in accordance with Government Code sections 65090 and 65091, at which hearing all persons wishing to testify in connection with the Development Agreement were heard and at which time the Development Agreement was comprehensively reviewed; and WHEREAS, on July 19, 2022, the City Council introduced this Ordinance through a waiving of the first reading of this Ordinance; and
WHEREAS; pursuant to the California Environmental Quality Act (CEQA) Public Resources Code section 21000 et seq., the proposed Project is consistent with the Environmental Impact Report (SCH #99022069, Turn of the Century EIR) on the Spring Lake Specific Plan certified on August 15, 2000 and with prior addenda to the Turn of the Century EIR; and WHEREAS, the terms and conditions of the Development Agreement have undergone review by the City at publicly noticed hearings and have been found to be fair, just and reasonable and consistent with the General Plan and the SLSP. Further, the City Council finds that (i) the economic interests of the City’s citizens and the public health, safety, and welfare will be best served by entering into the Development Agreement; (ii) the Development Agreement is consistent with the General Plan and SLSP; (iii) the Development Agreement is in conformance with the public convenience, general welfare, and good land use practice; (iv) the Development Agreement will not be detrimental to the public health, safety, or general welfare; and (v) the Development Agreement will not adversely affect the orderly development or the preservation of property values for the Property or any other property.

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

Section 1. Pursuant to California Government Code Sections 65865 et seq., the City Council hereby approves the Development Agreement as “Exhibit A.”

Section 2. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety, and welfare of the community because the Development Agreement will permit land uses that best reflect the community needs and will allow for the most logical and efficient development of the real property governed by the Development Agreement in the City.

Section 3. The City Council hereby incorporates by reference the recitals set forth herein and adopts those recitals as its own as though fully set forth in this Ordinance. Pursuant to Government Code section 65867.5 (b) and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement will continue to result in the development of the Property at the intensity and density allowed under the General Plan and SLSP and with the restrictions and standards set forth in the City’s Municipal Code and the Development Agreements.

Section 4. The City Council hereby expressly determines that all of the procedures of CEQA have been met with respect to the Development Agreement because, the project is consistent with the Environmental Impact Report (SCH #99022069, Turn of the Century EIR) on the Spring Lake Specific Plan certified on August 15, 2000 and with prior addenda to the Turn of the Century EIR.

Section 5. The City Clerk shall cause to be recorded with the Yolo County Recorder a copy of the executed Development Agreement, or a Memorandum of Agreement, within ten (10) days following execution thereof.

Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary thereof to be published in the Daily Democrat, a newspaper of general circulation, printed and published in the city of Woodland and county of Yolo, at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, 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.

INTRODUCED by the City Council on the 19th day of July, 2022.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

Ana Gonzalez, City Clerk Ethan Walsh, City Attorney
Dated:

Attachment 1– Ruby Estates Development Agreement
82093.00038\40315153.1

82093.0018A\32013354.2
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Recorded at request of: )
City Clerk )
City of Woodland )
)
When recorded return to: )
City of Woodland )
300 First Street )
Woodland, CA 95695 )
Attention: City Clerk )
)
______________________________________________________________________________ Exempt from filing fees pursuant to Government Code §6103 and §27383 DEVELOPMENT AGREEMENT NO. [_____]

RUBY ESTATES

AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN

CITY OF WOODLAND
and

THE NEW HOME COMPANY NORTHERN CALIFORNIA LLC
and

RUBY REALTY INVESTORS, LLC

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AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. [_____]
This Amended and Restated Development Agreement (hereinafter “Agreement”) is entered into as of this ___ day of ___________, 2022 (“Entry Date”) by and between the City of Woodland, California (“CITY”), The New Home Company Northern California LLC, a Delaware Limited Liability Company (“OWNER”), and Ruby Realty Investors, LLC, a California limited liability company (“ENTRY DATE OWNER”) each of whom shall be referred to as a “party” and together as the “parties.”

RECITALS
WHEREAS, CITY and Russell Ranch Development previously entered into that certain development agreement on or around January 6, 2006 by Ordinance No. 1453, a memorandum of which was recorded in the Yolo County Recorder’s Office official records (“Official Records”) on April 25, 2006 as document number 2006-0016191, which was partially assigned and assumed by Turn of the Century as reflected in the partial assignment and assumption of development agreement entered into on or around August 21, 2014 and recorded in the Official Records on August 22, 2014 as document number 2014-0019054-00, further, Turn of the Century LLC, previously entered into or amended a development agreement , approved by the City Council of the City of Woodland by Ordinance No. 1563 adopted on or around June 17, 2014, a memorandum of which was recorded in the Official Records on August 22, 2014 as document number 2014-0019055-00, with subsequent second amendment to the development agreement on December 15, 2015 approved by the City Council of the City of Woodland by Ordinance No. 1595 on December 15, 2015, a memorandum of which was recorded in the Official Records on April 21, 2016 as document number 2016-0010196-00, regarding the Property (as defined below) as well as other properties within the city (the foregoing agreements and amendments are collectively referred to herein as the “Original Development Agreement”).

Turn of the Century LLC subsequently transferred its property interests, and associated agreements, to various developers; and
WHEREAS, as of the Entry Date, the property generally located at the northwest corner of County Road 25A and Miekle Avenue with Yolo County Assessor’s Parcel Number 042-030- 054 (the “Property”) and subject to this Agreement is owned by Entry Date Owner. The Property is more fully described in Exhibit “A” and shown on Exhibit “B” to this Agreement.

As of the Entry Date, Entry Date Owner and Owner have entered into a lease agreement with option to purchase the Property. The parties acknowledge and agree that OWNER has a legal or equitable interest in the Property; and
WHEREAS, Entry Date Owner, as the party presently holding the fee title interest in the Property, shall be solely responsible for all obligations of “Owner” under this Agreement until such time that Owner (or a Land Banking Entity as defined below and as applicable) acquires fee title to the Property, and Owner shall have no responsibilities or liabilities as “Owner” or otherwise under this Agreement unless and until such time that Owner acquires fee title to the Property; and

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WHEREAS, in the event Owner (or a Land Banking Entity as defined below and as applicable) obtains the fee title interest to the Property from Entry Date Owner, Entry Date Owner’s responsibility for all obligations of “Owner” under this Agreement shall automatically terminate, Entry Date Owner shall automatically be released under this Agreement and all rights and obligations under this Agreement from and after the acquisition of fee title interest shall automatically transfer to Owner (or the Land Banking Entity as applicable) without the need for further consent or approval by City, Entry Date Owner or Owner; and WHEREAS, unless and until Owner obtains the fee title interest to the Property from Entry Date Owner, Owner shall have no responsibility or liability for obligations of “Owner” or otherwise under this Agreement, and all rights and obligations under this Agreement shall remain with Entry Date Owner without the need for further consent or approval by City, Entry Date Owner or Owner; and
WHEREAS, as consented and agreed to by City, Entry Date Owner and Owner, this Agreement is intended to and hereby replaces and supersedes in its entirety the Original Development Agreement with respect to the Property only, and following the Effective Date and recordation of this Agreement, the City and Entry Date Owner shall cause the recordation of the Termination of Original Development Agreement (as defined below); and WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code; and WHEREAS, CITY has approved the Spring Lake Specific Plan (“Plan”), which encompasses the Property, and which requires owners of property within the Plan area to enter into development agreements as a precondition of development; and WHEREAS, OWNER and CITY wish to enter into this Development Agreement pursuant to the Plan, allowing for the construction of a project as described herein (“Project”); and
WHEREAS, OWNER has applied to CITY for certain entitlements for development of its Property, including this Agreement, and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and OWNER and have been found to be fair, just, and reasonable; and WHEREAS, the best interests of the citizens of the City of Woodland and the public health, safety, and welfare will be served by entering into this Agreement; and WHEREAS, the City Council hereby finds and determines that this Agreement is of

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major significance because it will enable CITY to fund much needed capital improvements and provide much needed public services and will therefore also have a major, beneficial economic impact on CITY; and
WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement, with the Woodland City Council’s certification of the Environmental Impact Report for the Spring Lake Specific Plan (Turn of the Century EIR, SCH #99022069, August 15, 2000) and adoption of addenda to the Turn of the Century EIR; and
WHEREAS, this Agreement and the Project are consistent with the Woodland General Plan and the Spring Lake Specific Plan; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters related to the approval of development agreements; and
WHEREAS, development of the Project in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of OWNER’s property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et seq. of the Government Code are intended;

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 “Agreement” means this Development Agreement.

1.1.2 “CITY” means the City of Woodland, a California municipal corporation.

1.1.3 “City Council” means the duly elected city council of the City of Woodland.

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1.1.4 “Commencement Date” means the date the Term of this Agreement commences.

1.1.5 “Development” or “Develop” means the improvement of the Property (as defined herein) for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” or “Develop” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.6 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to (i) specific plans and specific plan amendments, (ii) tentative and final subdivision and parcel maps, including but not limited to tentative subdivision map number 5221, (iii) conditional use permits, including but not limited to conditional use permit number PLNG-22-00003, public use permits and plot plans, (iv) zoning and planned development, including but not limited to planned development overlay Ordinance No. 1693, (v) and grading and building permits __________ , (vi).

1.1.7 “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.8 “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, and which may be increased or updated from time to time, but does not include fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).

1.1.9 “Development Plan” means the plan for development of the Property as set forth in Exhibit “C”.

1.1.10 “Effective Date” means the date the ordinance approving and authorizing this Agreement becomes effective.

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1.1.11 “Entry Date” means the date indicated on the first paragraph of this Agreement.

1.1.12 “Entry Date Owner” means Ruby Realty Investors, LLC, a California limited liability company.

1.1.13 “Land Banking Entity” means the entity under a land banking structure whereby (i) any of The New Home Company Northern California LLC, a Delaware Limited Liability Company or its owners, members or principals shall be the sole beneficiary (e.g., an optionee) of the land bank with an exclusive right to acquire some or all of the Property from such land banking entity and (ii) any of The New Home Company Northern California LLC, a Delaware Limited Liability Company or its owners, members or principals shall remain in full control of, and be primarily responsible for, the processing and completion of remaining entitlements for some or all of the Property to be processed by The New Home Company Northern California LLC and the construction and completion of improvements on some or all of the Property.

1.1.14 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.15 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.16 “OWNER” or “Owner” means The New Home Company Northern California LLC, a Delaware Limited Liability Company and their successors in interest to all or any part of the Property; provided, however, that The New Home Company Northern California LLC shall have no duty, responsibility, obligation or liability of Owner under this Agreement or otherwise unless and until such time that The New Home Company Northern California LLC

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acquires fee title interest to some or all of the Property; and provided further, that if The New Home Company Northern California LLC does not acquire fee title interest to some or all of the Property, and/or until such time that The New Home Company Northern California LLC acquires fee title to some or all of the Property, Owner shall mean and refer to Entry Date Owner (or a Land Banking Entity as applicable).

1.1.17 “Project” means the development of the Property contemplated by the Development Plan as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. The Project includes eighty-seven (87) singlefamily residential lots for purchase.

1.1.18 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.

1.1.19 “Reservation of Rights” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.3 of this Agreement.

1.1.19 “Termination of Original Development Agreement” means the document in substantially the form attached hereto as Exhibit “G” to this Agreement to be executed and acknowledged by Entry Date Owner and City to further memorialize the termination of the Original Development Agreement and to remove the Original Development Agreement as a matter of public record.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit “A” - Legal Description of the Property
Exhibit “B” - Map showing Property and its location
Exhibit “C” - Tentative Map, Site Plan, Landscape Plan, Architectural Renderings (from the July 19th, 2022, City Council Hearing) Exhibit “D” - Development Standards for Ruby Estates
Exhibit “E” - Conditions of Approval
Exhibit “F” – Fees
Exhibit “G” - Termination of Original Development Agreement

2. GENERAL PROVISIONS.

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2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized in accordance with the terms of the Development Plan and this Agreement.

2.2 Ownership of Property. As of the Entry Date, Entry Date Owner and Owner have entered into a lease agreement with option to purchase the Property. The parties acknowledge and agree that OWNER has an equitable or legal interest in, the Property or a portion thereof.

2.3 Term. The term of this Agreement shall commence on the date (the “Commencement Date”) that is the Effective Date, and shall be in force for a period of 10 years thereafter (the “Initial Term”), unless this term is modified or extended pursuant to the provisions of this Agreement. Owner may elect to extend the Term by up to two successive two (2) year periods (for a maximum Term of 14 years) upon written notice to CITY no later than 90 days prior to the date the Term would otherwise expire. Thereafter, the OWNER shall have no vested right under this Agreement, regardless of whether or not OWNER has paid any Development Impact Fee. Any tentative map approved by CITY for the Property, including but not limited to tentative subdivision map number 5221, shall have a duration that is the greater of (i) a duration co-extensive with the duration of this Agreement, in which case no application to extend the expiration date of any tentative map need be filed, or (ii) such time approved in accordance with state law or Land Use Regulations. In accordance with Government Code Section 65639.9, all Development Approvals for any portion of the Project that have a term or expiration shall automatically be extended for a term ending concurrently with the applicable tentative subdivision map for the Project as set forth in this Section.

2.4 Assignment.

2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Owner’s interest in or fee title to the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm, legal entity, limited liability company, or corporation at any time during the Term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer or assignment, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement (“Assignment and Assumption Agreement”), in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties, obligations, agreements, covenants, waivers of OWNER under this Agreement as applicable to

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such sale, transfer or assignment, including, without limitation, the covenants not to sue and waivers contained in Sections 7.2 and 8.4 hereof.

Except as set forth below or in this Agreement, any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1 (if required), the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed (if required).

2.4.1.1 Notwithstanding the foregoing or anything set forth in Section 2.4, the Property may be sold, transferred or assigned in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) by (a) Entry Date Owner to (i) Owner or (ii) a Land Banking Entity, (b) Owner to a Land Banking Entity, or (c) Land Banking Entity to Owner, with or without an assignment and assumption of the rights, duties and obligations arising under or from this Agreement or the Assignment and Assumption Agreement referenced above, with notice to CITY, and upon such sale, transfer or assignment, the transferring Entry Date Owner, Owner or Land Banking Entity, as applicable, shall be released from this Agreement, except to the extent such Entry Date Owner, Owner or Land Banking Entity is in default hereunder prior thereto, without the need for further consent or approval by City. If City issues a notice of default under this Agreement to Entry Date Owner or Land Banking Entity, City shall concurrently provide Owner with written notification of such default by Entry Date Owner or Land Banking Entity and provide Owner the right, but not the duty, responsibility, obligation or liability, to cure such default within either sixty (60) days after the notification is provided to Owner or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. Effective upon the sale, transfer or assignment, (i) a default under this Agreement that occurs after such sale, transfer or assignment by the transferring Entry Date Owner, Owner or Land Banking Entity that pertains to a portion of the Property other than the portion conveyed to the transferee shall not be considered or acted upon by the City as a default by the transferee Entry Date Owner, Owner or Land Banking Entity and shall not affect the transferee’s rights or obligations hereunder and (ii) a default under this Agreement by the transferee Entry Date Owner, Owner or Land Banking Entity shall not be considered or acted upon by the City as a default by the transferring Entry Date Owner, Owner or Land Banking Entity and shall not affect the transferring Entry Date Owner, Owner or Land Banking Entity’s rights and obligations hereunder to the extent any remain. For purposes of clarification, City may not terminate this Agreement as to a transferring Entry Date Owner, Owner or Land Banking Entity based on a default of the transferee, nor may City terminate this Agreement as to the transferee based on a default by a transferring Entry Date Owner, Owner or Land Banking Entity that occurs after the sale, transfer or assignment and pertains to portions of the Property retained by the transferring Entry Date Owner, Owner or Land Banking Entity and not the portions of the Property conveyed to transferee.

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2.4.1.2 Entry Date Owner, as the party presently holding the fee title interest in the Property, shall be solely responsible for all obligations of “Owner” under this Agreement until such time that The New Home Company Northern California LLC, a Delaware Limited Liability Company (or a Land Banking Entity as applicable) acquires fee title to the Property, and The New Home Company Northern California LLC, a Delaware Limited Liability Company shall have no duty, responsibility, obligation or liability of or as “Owner” or otherwise under this Agreement unless and until such time that The New Home Company Northern California LLC acquires fee title to some or all of the Property. Without limiting anything set forth in this Agreement, in the event The New Home Company Northern California LLC (or a Land Banking Entity as applicable) obtains the fee title interest to the Property from Entry Date Owner, Entry Date Owner’s responsibility for all obligations of “Owner” under this Agreement shall automatically terminate, Entry Date Owner shall automatically be released under this Agreement and all rights and obligations under this Agreement from and after the acquisition of fee title interest (excluding defaults, if any) shall automatically transfer to The New Home Company Northern California LLC (or the Land Banking Entity as applicable) without the need for further consent or approval by City, Entry Date Owner or The New Home Company Northern California LLC. Unless and until The New Home Company Northern California LLC obtains the fee title interest to some or all of the Property from Entry Date Owner (or the Land Banking Entity as applicable), The New Home Company Northern California LLC shall have no duty, responsibility, obligation or liability of or as “Owner” or otherwise under this Agreement, The New Home Company Northern California LLC shall automatically be released under this Agreement and all rights and obligations under this Agreement shall remain with Entry Date Owner (or the Land Banking Entity as applicable) without the need for further consent or approval by City, Entry Date Owner or The New Home Company Northern California LLC.

Concurrent with the sale, transfer or assignment of the Property pursuant to Section 2.4.1 and

2.4.2 hereof, the Entry Date Owner and/or Owner, as applicable, shall provide notice to City of such sale, assignment or transfer as provided for in Section 2.7 of this Agreement.

2.4.2 Release of Transferring Owner. Except as set forth in Section 2.4.1 or otherwise in this Agreement, notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement with respect to the transferred Property or any transferred portion thereof, unless such transferring OWNER is given a release in writing by CITY (which written confirmation may be in the form of execution and recordation of the Assignment and Assumption Agreement), which release shall be provided by CITY in its reasonable discretion without condition or delay, and a transferring OWNER shall be automatically released upon the full satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the Property subject to the transfer.
(b) OWNER is not then in default under this Agreement.

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(c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above, if required above. (d) For obligations that are secured, the purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of secured obligations hereunder.

The transferring Owner shall be released, except to the extent such Owner is in default hereunder prior thereto. Effective upon the sale, transfer or assignment, (i) a default under this Agreement that occurs after such sale, transfer or assignment by the transferring Owner that pertains to a portion of the Property other than the portion conveyed to the transferee shall not be considered or acted upon by the City as a default by the transferee Owner and shall not affect the transferee’s rights or obligations hereunder and (ii) a default under this Agreement by the transferee Owner shall not be considered or acted upon by the City as a default by the transferring Owner and shall not affect the transferring Owner’s rights and obligations hereunder to the extent any remain. For purposes of clarification, City may not terminate this Agreement as to a transferring Owner based on a default of the transferee, nor may City terminate this Agreement as to the transferee based on a default by a transferring Owner that occurs after the sale, transfer or assignment and pertains to portions of the Property retained by the transferring Entry Date Owner, Owner or Land Banking Entity and not the portions of the Property conveyed to transferee.

2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.

2.4.4 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project, prior to the issuance of a certificate of occupancy for any portion of the Project.

2.4.5 Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot that has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user, and any member of the home buying public or other ultimate user purchasing a completed residence shall not have any liability or obligation under this Agreement. This Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and
(b) A certificate of occupancy has been issued for a building on the

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lot, and the fees for such lot set forth in this Agreement have been paid.

2.5 Amendment or Cancellation of Agreement; Operating Memoranda. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. The provisions of this Agreement require a close degree of cooperation between the City and the Owner. Clarifications to this Agreement may be appropriate with respect to the details of performance of the City and the Owner. When and if the Owner finds it necessary or appropriate to make clarifications to matters, items or provisions set forth in this Agreement, the parties shall effectuate such changes, adjustments or clarifications through operating memoranda (the “Operating Memoranda”) approved by the parties in writing which reference this Section. Operating Memoranda are not intended to constitute an amendment to this Agreement but ministerial clarifications; therefore public notices and hearings shall not be required. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 2.5 or whether the requested clarification is of such a character to constitute an amendment hereof. The City Manager shall be authorized to execute any Operating Memoranda hereunder on behalf of City. Notwithstanding the foregoing, nothing contained in this paragraph shall prevent the City Manager from bringing an issue of clarification before the City Council for the City Council’s determination..

2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated Term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY.

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2.6.1 Automatic Termination as to Residential Lots/Notice of Termination as to Other Parcels. This Agreement shall automatically be terminated, without any further action by any party or need to record any additional document, with respect to any single family residential lot with a parcel designated by the Development Approvals for residential use, upon completion of construction and issuance by CITY of a final occupancy permit for a dwelling unit upon such single family residential lot and the conveyance of such improved residential lot and dwelling unit to a bona-fide good faith purchaser thereof. In connection with its issuance of a final inspection for the single family residential lot and dwelling unit, CITY shall confirm that all improvements that are required to serve the residential lot, as determined by CITY, have (1) been accepted by CITY, or (2) in CITY’s discretion, adequate security for certain improvements has been provided, and that the dwelling is ready for occupancy by the homebuyer. Termination of this Agreement for any single family residential lot as provided for in this Section shall not in any way be construed to terminate or modify any assessment district, fee district, public financing district, special tax district, tax and / or any Mello Roos Community Facilities District lien affecting such lot at the time of termination. Termination of this Agreement as to an individual parcel or lot with a building constructed upon it shall not affect Owner’s rights or obligations under any of the Development Approvals applicable to the remainder of the Project at the Property.

2.6.2 Notwithstanding any other provision set forth in this Agreement to the contrary, if Owner reasonably determines a referendum election or other action challenging the validity or legality of this Agreement, and/or any of the Development Approvals for the Project, could substantially impair Owner’s rights or substantially increase its obligations or risks hereunder or thereunder, then Owner, in its sole and absolute discretion, shall have the right to terminate this Agreement upon delivery of a written notice of termination to City, in which event neither Party shall have any further rights or obligations hereunder, except that Owner’s obligations under Section 8.2 of this Agreement for the period of time until Owner notifies City in writing that Owner has elected to exercise its right to terminate pursuant to this Section 2.6.2 shall survive any termination pursuant to this Section 2.6.2.

2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing: (i) delivered in person to the recipient named below; or (ii) sent by registered mail, postage and postal charges prepaid, and addressed to the recipient named below. Delivery shall be presumed delivered upon actual receipt by personal delivery, electronic delivery (e-mail), or within three (3) days following deposit thereof in United States Mail, provided that if notice is by e-mail, then a copy of the notice shall also be contemporaneously sent by regular mail, postage prepaid to the person and address provided below. All notices shall be addressed as follows:

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If to CITY:

City of Woodland
300 First Street
Woodland, CA 95695
Attn: City Manager
Telephone: (530) 661-5800
Facsimile: (530) 661-5848
Email: [email protected]
Copy to:

Best, Best & Krieger
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Attn: Woodland City Attorney
Telephone: (916) 325-4000
Facsimile: (916) 325-4010
Email: [email protected]
If to ENTRY DATE OWNER:

Ruby Realty Investors, LLC
1480 Moraga Road C103
Moraga, CA 94556
Attn: Glenn H. Matsuhara
Telephone: (510) 913-3873
Email: [email protected]; [email protected]
If to OWNER:

The New Home Company Northern California LLC
1508 Eureka Road, Suite 290
Roseville, CA 95661
Attn: Justin Walters
Telephone: 916-757-1197
Email: [email protected]
Copy to: The New Home Company Southern California
15231 Laguna Canyon Rd, Suite 250
Irvine, CA 92618
Attn: Miek Harbur, SVP, General Counsel and Secretary
[email protected]
Copy to: Jackson Tidus

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2030 Main Street, 12th Floor
Irvine, CA 92614
Attn: Sarah Kleinberg
[email protected]
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

2.8 Termination of Previous Agreement. City represents and covenants that there is no other development agreement for the Property other than the Original Development Agreement, that the Original Development Agreement has not been amended or modified except as set forth in Recital A above, that there are no defaults under the Original Development Agreement nor are there any conditions or existences of any fact that, with the passage of time or giving of notice, or both, would result in a default under the Original Development Agreement and that the Original Development Agreement may be terminated as set forth further herein. By entering into this Agreement, the City, Owner and Entry Date Owner intend to replace and supersede the Original Development Agreement in its entirety as to the Property. As related to the Property only, this Agreement replaces and supersedes in its entirety the Original Development Agreement. As of the effective date of the ordinance adopting this Development Agreement, the Original Development Agreement shall terminate and shall have no further force or effect with respect to the Property. Following the Effective Date and recordation of this Agreement, the City and Entry Date Owner shall cause the recordation of the Termination of Original Development Agreement with the Yolo County Recorder.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop.

3.1.1 CITY and OWNER acknowledge that this Agreement has been prepared and executed in order to comply with the requirement in the Spring Lake Specific Plan that a development agreement be entered into in connection with any rezoning of land or tentative parcel map approval within the Specific Plan area. This Agreement is for Tentative Subdivision Map #5221, Planned Development Overlay, and Site Plan and Design Review associated with PLNG 22 -00032 which includes the 7.03 acre R-15 (R-15PD) project site (Property) resulting in 87 single family lots.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under State law or by the terms of this Agreement including the Reservation of Rights, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Land Use Regulations and Development Approvals whether in effect on

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the Effective Date or subsequently adopted. In connection with any subsequently imposed Development Approvals and except as specifically provided otherwise herein, CITY may exercise its discretion in accordance with the Land Use Regulations then in effect, as provided by this Agreement, including, but not limited to, the Reservation of Rights. CITY shall accept for processing, review and action all applications for subsequent development approvals, and such applications shall be processed in the same manner and the CITY shall exercise its discretion, when required or authorized to do so, to the same extent it would otherwise be entitled in the absence of this Agreement.

3.2.1 Housing Accountability Act (SB 330). Notwithstanding the foregoing or Section 3.3, Article 4 or any other provision of this Agreement or exhibit hereto, the Project is a “housing development project,” as defined in Government Code section 65589.5 and nothing in this Agreement is intended to limit or impair Owner’s rights and benefits under the Housing Accountability Act codified at Government Code section 65589.5. Owner submitted an application including all of the information required by Government Code section 65941.1(a) on March 18, 2022.

3.3 Reservation of Rights.

3.3.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property:
(a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations, adopted policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY, including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in

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Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations that may be in material conflict with this Agreement but that are reasonably necessary to protect the residents of the project or the immediate community from a condition perilous to their health or safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement.
(f) Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property.
(g) Regulations that are in material conflict with the Development Plan; provided OWNER has given written consent to the application of such regulations to development of that Property in which the OWNER has a legal or equitable interest. (h) Regulations that impose, levy, alter or amend fees, charges, or Land Use Regulations relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (i) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by CITY.

3.3.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on subsequent development approvals and to the same extent it would otherwise be authorized to do so absent this Agreement, from applying subsequently adopted or amended Land Use Regulations that do not materially conflict with this Agreement.

3.3.3 Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, if Owner’s obligations or costs are materially increased, or if Owner’s rights and benefits hereunder are materially adversely affected, Owner may terminate this Agreement in Owner’s discretion and shall not have any liability for doing so or be considered in breach or default.

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3.3.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority that cannot be or is not by this Agreement’s express terms so restricted.

3.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY may possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies.

3.5 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan.

3.6 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction.

3.7 Acquisition of Property for Construction of Improvements Off-Site. OWNER shall, in a timely manner as determined by CITY, in its reasonable discretion and consistent with the requirements of the Specific Plan and this Agreement, acquire property rights necessary to construct or otherwise provide the public improvements contemplated by the Specific Plan.

3.8 Acquisition of Real Property Interests. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense (but subject to fee credits and/or reimbursement against fees, including but not limited to the Spring Lake Infrastructure Fee) provide or cause to be provided, the real property interests necessary for the construction of such public improvements. If and to the extent this section 3.8 conflicts with Section 66462.5 of the Subdivision Map Act, this section will control.

3.9 Credits and/or Reimbursement for Dedication of Property or Construction of Infrastructure. To the extent OWNER dedicates land, funds or constructs public facilities that

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exceed the size or capacity required to serve the Property for the benefit of other properties, or if such dedication or improvements benefit other properties regardless of its size or capacity, CITY shall enter into an agreement to reimburse OWNER to the extent of such benefit as determined by CITY. Such reimbursement may take the form of fee credits and/or benefit assessments, special taxes, or other fees or assessments collected from benefiting properties, as the CITY may determine . Notwithstanding the foregoing, the CITY shall not reimburse the OWNER for costs of interim temporary improvements, nor shall CITY require OWNER to pay for interim temporary improvements installed by others on OWNER’s property. If OWNER’s costs for the improvements exceeds the amount(s) shown in the Spring Lake Capital Improvement Program for such improvement(s), OWNER agrees that the CITY may defer a portion of OWNER’s reimbursement for constructed improvements until the CITY completes a reconciliation update for the Spring Lake Infrastructure Fee (“SLIF”).

3.10 Water Supply Planning. To the extent the Development Plan includes one or more tentative maps totaling more than 500 dwelling units, and to the extent the Project, or any part thereof, is not exempt under Government Code Section 66473.7(i), each such tentative map shall comply with the provisions of Government Code Section 66473.7.

3.11 City Plan Check & Inspection of Public & Private Civil Improvements. Owner shall, at its sole cost and expense pay all CITY fees, charges, and taxes arising out of Owner’s construction of the public & private improvements for the Development Plan, including, but not limited to fees for the checking, filing, and processing of improvement plans and specifications and for inspecting the construction of the onsite & offsite civil improvements. These fees, must be paid in full prior to approval of the final map and improvement plans.

4. PUBLIC BENEFITS.

4.1 Intent. The parties acknowledge and agree that development of the Property will result in public needs and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits.

Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.

4.2 Development Impact Fees.

4.2.1 Amount of Fee. The Development Impact Fees and other fees set forth in Exhibit “F” shall be charged to the Project (subject to annual CCI).

4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be paid to CITY prior to the issuance of building permits for each residential unit. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the fees required pursuant to Subsection 4.2.1 shall be paid prior to the re-issuance or extension of any building permit for a residential unit for which such fees have not previously been paid.

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4.2.3 Fee Credits and Reimbursements. OWNER shall be entitled to credit or reimbursement against the fees required pursuant to Subsection 4.2.1 for the dedication of land, the construction of improvements (including but not limited to construction of traffic signal improvements at the intersection of County Road 25A and State Route 113) or the payment of fees as specifically set forth in an agreement entered into between CITY and OWNER.

4.2.4 Future Development Impact Fees; Increases. The Parties hereby agree that, in addition to the Development Impact Fees included in Exhibit “F”, the Project shall be subject to the imposition of any Development Impact Fee that becomes effective after the Effective Date, to the extent consistent with and subject to the provisions of Government Code section 65589.5. In addition, the Project shall be subject to any increase, decrease, amendment or alteration of any Development Impact Fee that becomes effective after the Effective Date, to the extent consistent with and subject to the provisions of Government Code section 65589.5.

4.2.5 Prepayment. In no event shall the prepayment of any Development Impact Fees required hereunder establish a vested right on the part of OWNER or any other owner of the Property or any person or entity with an interest therein to develop the Project or the Property following the expiration, cancellation or termination of the Term of this Agreement.

Following the expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be applicable to the Project and Property notwithstanding any provision of this Agreement and notwithstanding the prepayment of the Development Impact Fees set forth in Exhibit “F”, any increase or amendment of any Development Impact Fee, or any combination thereof. Nothing contained in this Subsection 4.2.5 shall be construed as limiting the right of OWNER to a credit against any Development Impact Fees as set forth in Section

4.2.3 hereof.

4.3 Agricultural Conservation Easements. CITY has established specific criteria for agricultural conservation easements, as provided in CITY’s Agricultural Mitigation Program.

With respect to the Property and Project, the City’s agricultural conservation easement requirement or obligation has been satisfied.

4.4 Swainson’s Hawk Mitigation. In addition to the requirements of Section 4.3 above, any requirement or obligation for Swainson’s Hawk Mitigation has been satisfied.

4.5 Dedication of On-Site Easements and Rights of Way. OWNER shall dedicate to CITY all on-site rights of way and easements deemed necessary for public improvements, in CITY's sole discretion, and that are consistent with the Development Plan, within 15 days of receipt of written demand from CITY. As discussed further in Section 4.16 below, on site streets shall be privately owned.

4.6 Timing of Construction of Off-Site Infrastructure. Approval of any building permits on the Property shall be conditioned upon CITY’s determination, in its reasonable discretion, that sufficient progress is being made on construction or design of off-site infrastructure required by Owner in accordance with this Agreement and that serve development of OWNER's Property.

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4.7 Assigned Building Unit Allocations. OWNER agrees that CITY shall not approve any final subdivision map unless each lot to be subdivided thereby has a building unit allocation assigned to it pursuant to CITY’s building unit allocation ordinance. The parties further agree that the Owner, Project and Property have a sufficient number of building unit allocations assigned to it pursuant to CITY’s building unit allocation ordinance.

4.8 Affordable Housing In-Lieu Fee. CITY and OWNER agree that OWNER shall pay an affordable housing in-lieu fee, in lieu of constructing 9 low income units, to fully satisfy any affordable housing obligation or requirement. Any very low income unit obligation has been previously met. In lieu of constructing the affordable housing units, OWNER agrees to pay to CITY, or non-profit organization of CITY’s choice, for the purpose of constructing housing in Woodland for low income households, a total of Three Thousand Nine Hundred Dollars and No Cents ($3,900) per unit for each of the 87 mapped units for a total of Three Hundred Thirty Nine Thousand Three Hundred Dollars and No Cents ($339,300). The affordable housing in lieu fee shall be paid at time of building permit. The affordable housing fee shall be subject to annual CCI increases.

4.9 General Purpose Fee. CITY and OWNER agree that owner shall pay to CITY a total of Five Thousand Dollars and No Cents ($5,000) per unit for each of the 87 mapped units for a total of Four Hundred Thirty Five Thousand Dollars and No Cents ($435,000) as a general purpose fee. City shall use this general purpose fee to improve bicycle and pedestrian connectivity, including but not limited to construction of the planned Highway 113 bike/pedestrian overcrossing, and complete other neighborhood enhancements within the Plan Area. The general purpose fee shall be paid in one lump sum amount upon final map (excluding model homes) for the Property. The general purpose fee shall be subject to annual CCI increases.

4.10 Financing Plan Cost Estimates. Notwithstanding any fee amounts listed in Exhibit “F,” OWNER acknowledges and agrees that the cost estimates contained in the Spring Lake Specific Plan Financing Plan and Capital Improvement Plan (CIP) are estimates only, and that OWNER may be required to pay its fair share and proportionate amount of the costs of improvements and amenities identified in the Financing Plan in amounts to be determined by CITY in its reasonable discretion, which may be more or less than the estimates contained in the Financing Plan; provided, however, that notwithstanding the foregoing, City currently has no intention to update such estimates and/or costs, and prior to City seeking to update such estimates and/or costs, the parties shall meet and confer in good faith in a reasonable attempt to modify the estimate and/or cost to reflect OWNER’s fair share and proportionate amount.

4.11 Infrastructure and Improvements. Prior to receiving a building permit for the Project (excluding model homes), OWNER shall either have: (i) applied for and received a subdivision map for the Property, or (ii) submitted plans for infrastructure and improvements necessary to serve the Project in accordance with CITY standards and received approval of such plans by the City Engineer.

4.12 Right of Way. OWNER shall obtain all necessary rights of way for public improvements prior to final map. Should OWNER be unable to acquire rights of way necessary

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for public improvements with a good faith effort based on a MAI appraisal, OWNER may request CITY acquire the necessary offsite right of way, and if CITY requires such public improvements and agrees to seek to acquire the necessary offsite right of way, OWNER shall fund all CITY costs and shall deposit Two Hundred Thousand Dollars ($200,000.00) with the first final map that triggers right of way acquisition. Right of way acquisition costs for off-site SLIF covered improvements are eligible for SLIF reimbursement. Should Owner be unable to acquire rights of way necessary for public improvements as set forth in this Section, and CITY requires such public improvements and agrees to seek to acquire the necessary offsite right of way, CITY will allow a map to proceed with the $200,000 deposit. OWNER may deposit funds in Fifty Thousand Dollar ($50,000.00) increments for CITY acquisition; however, subject to the foregoing, a final map will not be approved with less than a $200,000 deposit.

4.13 [Reserved].

4.14 Meter Fees. Prior to any final map, OWNER shall pay AMR (Automated Meter Reading) fees for public meters in accordance with the current fee schedule. For reference, the 2021 AMR fee is $236 per meter.

4.15 SR113 and 25A Interchange. OWNER acknowledges that the interim upgrade of the State Route 113 (“SR 113”) and County Road 25A interchange in accordance with the Spring Lake EIR is a Spring Lake responsibility. OWNER accepts and supports the use of Spring Lake Infrastructure Bond proceeds for the upgrade of the SR 113 and 25A interchange.

4.16 Homeowners Association. Prior to approval of the first final map, OWNER agrees to form a Home Owners Association (HOA). OWNER agrees that the HOA’s governing documents shall include requirements addressing, among other things, ownership, operation, and maintenance of onsite streets, lighting, landscaping, and storm drain. On site streets shall be privately owned and maintained by the HOA.

4.17 Garage Parking Requirement. To the extent consistent with State law, the HOA’s governing documents shall also include rules requiring garages to be free of clutter and accessible for the parking of two vehicles as well as the use and allocation of on-site outside parking spaces. To the extent consistent with State law, first and second vehicles of a household shall park in the household’s garage, and outside onsite parking spaces shall not be used for regular parking of household vehicles except when two (2) household vehicles are already parked in a garage. Storage of RVs or boats shall be prohibited in outside onsite parking spaces.

HOA rules shall require the Board to cooperate with the City in addressing any neighborhood complaints.

5. FINANCING OF PUBLIC IMPROVEMENTS. OWNER may propose, and if requested by CITY shall cooperate in, the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. To the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or

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dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.

6. REVIEW FOR COMPLIANCE.

6.1 Periodic Review. CITY shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the compliance by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the City Manager, within thirty (30) days after written notice from the City Manager. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council.

6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The Community Development Director, or his or her designee, shall conduct such special reviews.

6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Community Development Director, or his or her designee, shall submit a report to the Planning Commission setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue. (c) If the Planning Commission finds and determines on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
(d) If the Planning Commission finds and determines on the basis of substantial evidence that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Commission may recommend to the City Council modification or termination of this Agreement. OWNER may appeal a Planning Commission determination pursuant to this Section 6.3(d) pursuant to CITY’s rules for consideration of appeals in zoning matters then in effect. Notice of default as provided under Section 7.3 of this Agreement shall be given to OWNER prior to or concurrent with proceedings under Section 6.4 and Section 6.5.

6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section

6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall

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give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and,
(c) Such other information that the CITY considers necessary to inform OWNER of the nature of the proceeding.

6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final.

6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Community Development Director and City Council that: (1) this Agreement remains in effect; and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder.

Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Community Development Director or City Council after the exercise of reasonable diligence.

7. DEFAULT AND REMEDIES.

7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue CITY for damages or claim any damages:

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(a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

Notwithstanding anything to the contrary contained in this Agreement, in no event shall: (a) any partner, officer, director, member, manager, shareholder, employee, affiliate, representative or agent of Entry Date Owner or Owner or any general partner or member or manager of Entry Date Owner or Owner or any of their members, managers, officers, directors, shareholders or affiliates be personally liable for any breach of this Agreement or for any amount which may become due to City under the terms of this Agreement; or (b) any member, officer, agent, representative or employee of City be personally liable for any breach of this Agreement by City or for any amount which may become due Entry Date Owner or Owner under the terms of this Agreement.

7.2 Release. Except for non-monetary remedies, OWNER, for itself, its successors and assignees, hereby releases CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon CITY because it entered into this Agreement or because of the terms of this Agreement. OWNER hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.

By initialing below, OWNER hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________
Owner’s Initials

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7.3 Termination or Modification of Agreement for Default of OWNER. CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement(hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.

Notwithstanding anything set forth in this Agreement, in no event shall failure of New Home Company Northern California LLC to acquire the Property be considered a default.

8. LITIGATION.

8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, as it may be amended from time to time, is invalid or inadequate or not in compliance with law.

8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, or the approval of any permit granted pursuant to this Agreement, except to the extent arising from the gross negligence or willful misconduct of the City or its agents, officers or employees. CITY shall promptly notify OWNER of any claim, action, proceeding or determination included within this Section 8.2, and CITY shall cooperate in the defense. CITY may in its discretion participate in the defense of any such claim, action, proceeding or determination, and Owner shall be responsible for City’s reasonable attorneys’ fees.

8.3 Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, except to the extent arising from the gross negligence or willful misconduct of the City or its agents, officers or employees, and OWNER shall defend, at its expense, including attorneys’ fees, CITY, its

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officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.

8.4 Indemnity. In addition to the provisions of sections 8.1, 8.2, and 8.3 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

8.5 Reservation of Rights. With respect to Sections 8.1, 8.2, 8.3, and 8.4 herein, CITY reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including reasonable attorneys’ fees, upon billing and accounting therefor.

8.6 Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, OWNER, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by OWNER or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to CITY by OWNER or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. OWNER hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. In the event of any breach of the covenant or waiver contained herein, CITY shall, in addition to any other remedies provided for at law or in equity, be entitled to:
(a) impose and recover (at any time, including after sale to a member of the public or other ultimate user) from the party breaching such covenant or waiver, the full amount of Development Impact Fees that the breaching party would have been required to pay in the absence of this Development Agreement; and (b) impose any subsequently adopted land use regulation on those land use approvals for which the breaching party had not, as of the time of such breach, obtained a building permit.

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OWNER hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.

By initialing below, OWNER hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________
Owner’s Initials

8.7 Survival. The provisions of this Section 8 shall survive the termination of this Agreement.

9. MORTGAGEE PROTECTION.

The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement.

Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of

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any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.

10. MISCELLANEOUS PROVISIONS.

10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Yolo County Recorder by the Clerk of the City Council within ten (10) days after the CITY enters into the Agreement, in accordance with Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the CITY terminates or modifies this Agreement as provided herein for failure of the OWNER to comply in good faith with the terms and conditions of this Agreement, the City Clerk may have notice of such action recorded with the Yolo County Recorder.

10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement and Exhibit “F”: to this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void

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or unenforceable in their entirety, this entire Agreement shall be null and void and of no force and effect whatsoever.

10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

10.6 Singular and Plural. As used herein, the singular of any word includes the plural.

10.7 Estoppel Certificate. Any party to this Agreement and any Lender may, at any time, and from time to time, deliver written notice to a party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) the Agreement is in full force and effect and a binding obligation on the parties, (ii) the Agreement has not been amended or modified, either orally or in writing, and if so amended or modified, identifying the amendments or modifications, and (iii) as of the date of the estoppel certificate, the requesting party (or any party specified by a Lender) is not in breach in the performance of its obligations under the Agreement, or if in breach to describe therein the nature of any such breach and the steps or actions to be taken by the other party reasonably necessary to cure any such alleged breach. A party receiving a request hereunder shall execute and return such certificate or give a written detailed response explaining why it will not do so within fifteen (15) days following the receipt of such request. Each party acknowledges that such an estoppel certificate may be relied upon by third parties acting in good faith. An estoppel certificate provided by City establishing the status of this Agreement shall be in recordable form and may be recorded at the expense of the recording party.

10.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

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10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the Term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the Term of this Agreement shall not be extended under any circumstances in accordance with this Section for more than five (5) years.

10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

10.13 Successors in Interest. Except as set forth in this Agreement, the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest (including assignees) during ownership of the Property or any portion thereof.

10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Yolo, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.

10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this

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Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Community Development Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto.

10.20 Authority to Execute. The person or persons executing this Agreement warrant and represent that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrant and represent that he or she/they has/have the authority to bind such party to the performance of its obligations hereunder.

10.21 Obligations Joint and Several. Except as provided for in Sections 2.4.1 and 2.4.2 hereof, the obligations of Owner under this Agreement shall be joint and several with respect to the entities which, collectively, comprise Owner. Further, upon acquisition of fee title interest and subject to the assignment provisions of this Agreement, the obligations of OWNER under this Agreement shall apply with respect to the entire Property, as it may be subdivided, sold, transferred, or otherwise conveyed, and run with the land.

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IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below.

ENTRY DATE OWNER

RUBY REALTY INVESTORS, LLC,
a California limited liability company
by: Matshuara Associates, LLC, manager
By: _______________________________
Its: Glenn H. Matsuhara, manager
Dated: _______________
OWNER

THE NEW HOME COMPANY
NORTHERN CALIFORNIA LLC, a
Delaware Limited Liability Company
By: ________________________________
Its: ________________________________
Dated: _______________
CITY
CITY OF WOODLAND, a California
municipal corporation
By:_________________________________
Ken Hiatt
City Manager
Dated: _______________
ATTEST:

By:_________________________________
Ana Gonzalez
City Clerk
APPROVED AS TO LEGAL FORM:

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BEST BEST & KRIEGER LLP
____________________________________
City Attorney

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STATE OF CALIFORNIA )
) ss.

COUNTY OF YOLO )
On ____________________, before me, _________________________, personally appeared _______________________________________________
___________________________________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.
____________________________________
Notary Public
[SEAL]

STATE OF CALIFORNIA )
) ss.

COUNTY OF YOLO )
On ____________________, before me, _________________________, personally appeared _______________________________________________
___________________________________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.
____________________________________
Notary Public
[SEAL]

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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY

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EXHIBIT “B”
Map of the Property
Ruby Estates 3: (APN:042-030-054)

82093.00038\40315650.1

EXHIBIT “C”
Ruby Estates Development Plan –July 11, 2022
Tentative Subdivision Map #5221
Ruby Estates Preliminary Landscape Plan

82093.00038\40315650.1

82093.00038\40315650.1

EXHIBIT “D”
Ruby Estates PD Overlay Development Standards
Lot Size
Area 1,900 – 3,000 sq/ft (2,367sq/ft average)
Width 20-52 ft (37ft average)
Permitted Density
Maximum Density per lot 1 dwelling
Setbacks
Front (Paseo) 4ft
Front (Public Road) 10ft
Side 3.5ft
Rear 4ft from alley
Coverage
Maximum Lot Coverage 67% (40-67%)
Height
Maximum Height 30ft
Parking
Minimum Parking 2 per dwelling
Supplemental Design Standards
Front Yard Stagger Non required
Mix of Two story units No limit
Second Story Separation A minimum of 7 feet shall be provided between second story elements of adjacent
two-story dwellings
Architectural Design Architectural treatment shall be applied to all elevations of buildings as identified in Design
Review booklet.

Notes:
(1) Steps may encroach into setback
(2) Second Story Elements such as but not limited to eaves and cornices may encroach up to 1.5ft into a required setback provided adequate access/emergency egress paths are maintained.

82093.00038\40315650.1

EXHIBIT “E”
[INSERT: RUBY ESTATES PROJECT CONDITIONS OF APPROVAL]

82093.00038\40315650.1

EXHIBIT “F”
(Ruby Estates Project Fees)
CITY may in its sole discretion, collect any of the following fees either prior to the issuance of a building permit for the Project or concurrently with the approval of a final subdivision map for the Property. The fees set forth herein do not include fees imposed by other agencies, such as the County of Yolo or Woodland Joint Unified School District. This project is considered multifamily for purpose of calculating Spring Lake fees and single family for the purpose of calculating citywide Development Impact Fees.

Development Impact Fees for the following categories and amounts are shown as of January 1, 2022 but actual fee amounts owed by OWNER will be the then-current amounts of such fees at the time they are paid by OWNER. All fees are subject to annual CCI.

Development Impact Fee SL SFD
(Single Family Dwelling)
General City 952
Fire 3,225
Library 595
Police 779
Wastewater 7,125
Water 5,727
Parks & Recreational Facilities 4,834
Roads 9,389
MPFP Admin Fee (.75%) 245
Storm Drainage Facilities Included in SLIF
Subtotal 32,871
The other fees include all applicable fees identified in this Agreement or conditions of approval which are linked to final map approval or issuance of a building permit. These fees include, but are not limited to, the following (Fees are due at final map and subject to annual CCI):
 SLIF fees MF $35,641 for the fair share of backbone infrastructure to the Spring Lake Specific Plan area;
 Spring Lake Fire Department Operation and Maintenance Funding Fee of $771 SFU/$540 for MFU
 Public transit capital fee of $247 for the construction of transit capital improvements  Public transit operations fee of $51 for MFU
 Fiscal Deficit mitigation fees of $1050 for MFU
 The Project’s prorated share of the Habitat Monitoring and Farming Education Fees $63 SFU/$45 MFU
 Offsite Affordable fee – no charge as a MF project

82093.00038\40315650.1

General purpose fee (see Development Agreement Section 4.9) of $5,000 per building permit, for 87 units, for a total obligation of $435,000 payable in one lump sum amount that will be due and payable in one lump sum amount at final map.

Affordable housing in-lieu fee (see Development Agreement Section 4.8) of $3,900 per unit, for 87 units, for a total obligation of $339,300 at time of building permit.

At the time of this document approval (August 16th, 2022), the Property currently holds SLIF credit balance of 545,195 which runs with the Property and may be used to offset certain SLIF fees per the terms of the Spring Lake Financing Plan.

82093.00038\40315650.1

EXHIBIT “G”

RUBY ESTATES RELEASE AND TERMINATION OF PRIOR DA
Recorded at request of: )
City Clerk )
City of Woodland )
)
When recorded return to: )
City of Woodland )
300 First Street )
Woodland, CA 95695 )
Attention: City Clerk )
)
____________________________________________
Space above this Line for Recorder’s Use
Exempt from filing fees pursuant to Government Code §6103 and §27383

PARTIAL RELEASE AND TERMINATION OF DEVELOPMENT AGREEMENT AS

ASSIGNED TO AND ASSUMED BY TURN OF THE CENTURY LLC AND

SUBSEQUENTLY AMENDED

THIS RELEASE AND TERMINATION OF DEVELOPMENT AGREEMENT AS

ASSIGNED TO AND ASSUMED BY TURN OF THE CENTURY LLC AND
SUBSEQUENTLY AMENDED (“Termination”) is made as of ___________, 2022, by the City of Woodland, a municipal corporation (the “City”) and Turn of the Century LLC, a Delaware limited liability company (“Turn of the Century”).

RECITALS
A. City and Russell Ranch Development previously entered into that certain development agreement on or around January 6, 2006 by Ordinance No. 1453, a memorandum of which was recorded in the Yolo County Recorder’s Office official records (“Official Records”) on April 25, 2006 as document number 2006-0016191, which was partially assigned and assumed by Turn of the Century as reflected in the partial assignment and assumption of development agreement entered into on or around August 21, 2014 and recorded in the Official Records on August 22, 2014 as document number 2014-0019054-00, further, Turn of the Century LLC, previously entered into or amended a development agreement, approved by the City Council of the City of Woodland by Ordinance No. 1563 adopted on or around June 17, 2014, a memorandum of which was recorded in the Official Records on August 22, 2014 as document number 2014-0019055-00, with subsequent second amendment to the development agreement on December 15, 2015 approved by the City Council of the City of Woodland by Ordinance No. 1595 on December 15, 2015, a memorandum of which was recorded in the Official Records on April 21, 2016 as document number 2016-0010196-00, regarding the Property (as defined below) as well as other properties within the city (the foregoing agreements and amendments as applied to the Property are collectively referred to herein as the “Original

82093.00038\40315650.1

Development Agreement”). Turn of the Century subsequently transferred its property interests, and associated agreements, to various developers.

B. The property generally located at the northwest corner of County Road 25A and Miekle Avenue with Yolo County Assessor’s Parcel Number 042-030-054 (the “Property”), which is more fully described in Exhibit “A” to this Agreement, was previously owned by Turn of the Century and subject to the Original Development Agreement. The Property was subsequently transferred to the current owner, Ruby Realty Investors, LLC, a California limited liability company (the “Current Owner”).

C. The City, the Current Owner and The New Home Company Northern California LLC have entered into a Development Agreement for the development of the Property (the “New Development Agreement”), and the Original Development Agreement is of no further force and effect, because it has been replaced and superseded by the New Development Agreement.

D. The City and Turn of the Century desire to enter into this Termination to confirm that the Original Development Agreement, as it pertains to the Property only, is of no further force and effect, and to remove the Original Development Agreement as an encumbrance on the Property, and the Current Owner consents to the recordation of such Termination.

NOW THEREFORE CITY AND TURN OF THE CENTURY AGREE AS FOLLOWS:

The Original Development Agreement and all agreements, obligations and covenants therein including all amendments thereto as described in Recital A above, as it pertains to the Property only, are hereby terminated and released from the Property and Turn of the Century and are of no further force or effect.
[signatures on following page]

82093.00038\40315650.1

SIGNATURE PAGE TO PARTIAL RELEASE AND TERMINATION OF

DEVELOPMENT AGREEMENT AS ASSIGNED TO AND ASSUMED BY TURN OF

THE CENTURY LLC AND SUBSEQUENTLY AMENDED
IN WITNESS WHEREOF, the City and Turn of the Century hereby executes this Termination as of the date set forth above.

CITY:

CITY OF WOODLAND, a California
municipal corporation
By:_________________________________
Ken Hiatt
City Manager
Dated: _______________
ATTEST:

By:_________________________________
Ana Gonzalez
City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
____________________________________
City Attorney
[signatures continued on following page]

82093.00038\40315650.1

SIGNATURE PAGE TO PARTIAL RELEASE AND TERMINATION OF

DEVELOPMENT AGREEMENT AS ASSIGNED TO AND ASSUMED BY TURN OF

THE CENTURY LLC AND SUBSEQUENTLY AMENDED

TURN OF THE CENTURY
TURN OF THE CENTURY, LLC, a
Delaware limited liability company
By: ____________________________
Its: _____________________________
Ruby Realty Investors, LLC, a California limited liability company, being the owner of the Property described in Exhibit A to this Termination does hereby consent to and expressly authorizes the recordation of this Termination in the Official Records of the County of Yolo.

RUBY REALTY INVESTORS, LLC,
a California limited liability company
by: Matshuara Associates, LLC, manager
By: _________________________________________
Glenn H. Matsuhara, manager

82093.00038\40315650.1

STATE OF CALIFORNIA )
) SS.

COUNTY OF YOLO )
On _________________, 2022, before me, _________________________, Notary Public, personally appeared _____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

1565428.3
7/12/22

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

EXHIBIT “E”

RUBY ESTATES DEVELOPMENT AGREEMENT

PROJECT CONDITIONS OF APPROVAL
JULY 19, 2022

GENERAL CONDITIONS

1. Project Approval. The project shall be substantially (as determined by the City) developed as depicted on the maps and exhibits included in the July 19, 2022 City Council staff report, as approved by City Council, for the Ruby Estates project as proposed by the applicant New Home Company of Northern California LLC, except as modified by these conditions of approval. The Project approval includes Tentative Subdivision Maps (TSM #5221) a Zoning Amendment to allow Planned Development Overlay, a Conditional Use Permit, Site Plan and Design Review, and a Development Agreement for a parcel of land located within the Spring Lake Specific Plan Area to allow development of 87 single-family lots and 233(174 garage 59guest) on-site parking spaces, consistent with the Medium Density General Plan land use designation and multi-family R-15 specific plan designation for the property. APN: 042-030-054

2. Development Agreement. The Development Agreement between the City of Woodland and New Home Company of Northern California LLC, a Delaware Limited Liability Company, as approved by City Council on August 16, 2022, are fully enforceable as set forth in the agreement.

3. Indemnification. The applicant shall defend, indemnify, and hold harmless the City of Woodland, its agents, officers or employees from any claim, action or proceeding against the City of its agents, officers or employees to attack, set aside, void or annul an approval of the subject application by the City, its legislative body, advisory agencies or administrative officers in accordance with the Development Agreement.

The City will promptly notify the applicant of any such claim, action or proceeding against the City and the applicant will either, at the City’s discretion, undertake defense of the matter and pay the City’s associated reasonable legal costs, or will advance funds to pay for the defense of the matter by the City Attorney.

4. Deed Disclosures. Deed Disclosures that satisfy Development Regulation 2.1 (Disclosures) of the Spring Lake Specific Plan shall be submitted for review and approval by the Community Development Director and City Attorney. These approved disclosures shall be placed on deeds for final lots or in another recorded document as specified by the Development Regulation. The deed disclosures for all lots shall include language that addresses Development Regulation 2.35.6 (Landscape Strips along local streets) within Spring Lake.

5. School Disclosure. The applicant shall include a disclosure statement on deeds for final lots or in another recorded document the existence of the existing school facility located east of the project site and range of activities that occur at the facility.

6. Informing Agencies & Subcontractors. Secure approval and satisfy requirements of all agencies of jurisdiction. The applicant/developer shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibility to comply with all pertinent requirements of the City of Woodland Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City as well as hours of operation requirements in the City in addition to applicable state and federal laws.

7. Construction Impact Management Plan. Prior to issuance of any permit or inception of any construction activity on the site, the developer shall submit a construction impact management plan including a project development schedule and “good neighbor” information for review and approval by the Community Development Department.

The plan shall include, but is not limited to public notice requirements for periods of significant impacts (noise/vibration/street closures, tree removal, etc.), special street posting, construction vehicle parking plan, phone listing for community concerns, names of persons who can be contacted to correct problems, hours of construction activity, noise limits, dust control measures, and security fencing and temporary walkways.

8. Home Owners Association (HOA) Formation Documents and Conditions, Covenants and Restrictions (CC & Rs). Prior to approval of the first final map submit, three (3) copies of the Homeowners Association CC&Rs to the Community Development Department for review and approval prior to recordation of the CC&Rs, to include:
a. Recreational vehicle parking is prohibited.
b. To the extent consistent with State law, Garage conversion to residential use is prohibited except the temporary use as a model home sales office. When the sales office is vacated, it must be converted back to a garage. c. Garages shall not be converted for storage use only. Garages shall be kept clear for residential vehicle parking.
d. The color of residential structures shall not be restricted. This provision shall be enforced through mechanisms established in the CC&Rs.
e. Maintenance of privately owned streets, street lights, and storm drainage.

9. Landscape Maintenance Agreement. The applicant/HOA shall enter into a recorded landscape maintenance agreement with the City of Woodland. The landscape maintenance agreement shall run with the property. The landscape maintenance agreement shall provide for the continual maintenance of the property in a neat and tidy manner, landscape maintenance and replenishment of plants. A copy of the recorded landscape maintenance agreement shall be provided to the Planning Division to be kept on file prior to Certificate of Occupancy.

10. Fee Notice. The conditions of approval set forth herein include certain fees, dedication requirements, reservation requirements and/or other exactions. Pursuant to Government Code, Section 66020(d), these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations and other exactions.

The applicant is hereby notified that the 90-day protest period, commencing from the date of project approval, has begun. If the applicant fails to file a timely protest regarding any of the fees, dedication requirements, reservation requirements and/or other exactions contained in this notice, complying with all the requirements of Government Code, Section 66020, the applicant will be legally barred from later challenging such fees, dedications requirements, reservation requirements and/or other such exactions. Notwithstanding the foregoing, the City does not waive any rights it may have to enforce any settlement agreement, memorandum of understanding or other agreement with the applicant which authorizes the City to impose certain fees, and which may waive the applicant’s right to challenge the imposition of some or all of the fees, dedication requirements, reservation requirements, and/or other exactions set forth in these conditions of approval.

11. Affordable Housing. The project is responsible for providing 9 low-income units through payment of an in-lieu fee in accordance with the Development Agreement.

The applicant will pay fees in lieu of constructing the on-site affordable housing consistent with Development Agreement Section 4.8.

12. Fair Share Cost. The applicant agrees to fund on a fair share basis, as determined by the City of Woodland nexus study, public facilities, services, and improvements including transit capital and operating costs, design and construction of transit stops, fire station construction and operations (Development Regulations 4.7.3, 4.9.5, 6.22 and 6.23), police operations (Development Regulations 6.30 and 6.31), park development (Development Regulation 5.6), greenbelts/pathways/trails (Development Regulation 5.28), and library services (Development Regulation 6.42 and 6.43) pursuant to Development Regulation 2.7 (Fair Share fees and Financing) to the extent outlined in and consistent with the Development Agreement (including Exhibit F).

13. Backbone Infrastructure. Prior to occupancy within any subdivision, necessary backbone infrastructure and services to serve the subdivision, as determined by the City of Woodland, must be in place, and adequate fire service must be demonstrated, pursuant to Development Regulation 2.8 (Infrastructure and service availability), 4.4 through 4.7 (roadway improvements), 6.24 and 6.25 (fire station).

14. Funding Public Services. Prior to issuance of a building permit, the funding of public services shall be addressed pursuant to Development Regulations 2.7, 6.23 and 6.37.

15. Building Unit Allocations (BUA) s. With the exception of affordable housing, approval of a final map requires that all lots included in the final map, have a building unit allocation. No final map shall be recorded by the City unless BUAs for that map are assigned with the final map. If BUA’s are transferred from another site, or if BUAs are requested to be added, either transaction shall be recorded to the satisfaction of the Community Development Department and in compliance with the BUA Ordinance.

The Owner, Project and Property have a sufficient number of building unit allocations assigned to it pursuant to CITY’s building unit allocation ordinance as described in the Development Agreement.

FINANCE DEPARTMENT

16. SLIF Shortfall No shortfall fee will be required if at least 87 units are built.

17. SL Maintenance Facilities District. Prior to recordation of each final map, with respect to that map, OWNER shall petition the City to be annexed into the boundaries of the Spring Lake Maintenance Community Facilities District. The OWNER agrees to provide any and all information necessary to complete such annexation within 45 days of making this petition.

18. SL Community Facilities District 2004-1. OWNER shall petition the City to be annexed into the boundaries of the Spring Lake Community Facilities District 2004-1 prior to the approval of each map. OWNER agrees to provide any and all information necessary to complete such annexation within 45 days of making this petition.

COMMUNITY DEVELOPMENT

19. Coordination of Plans. The applicant shall be responsible for coordinating all plans to ensure consistency throughout site plan, landscaping plans, and improvement plans, prior to submittal for review.

20. Design Review. The site shall be developed and maintained in accordance with the approved plans, which include architectural elevations, exterior materials and colors, conceptual landscape, site and floor plans. Should there be a change in the plans, the change shall be described and provided in writing to be evaluated by the Community

Development Director to determine general consistency with the Spring Lake Specific Plan Design Standards and Planned Development Standards. All exterior changes beyond those stated in the original approval will require staff level design review.

21. Requirements of all Agencies. The applicant shall secure approval and satisfy requirements of all agencies with jurisdiction prior to operating.

22. Final Plan Set. Prior to the issuance of building permits, the applicant shall include a Final Plan Set, with all conditions of approval incorporated or clearly listed on the plans. The conditions shall be printed on a full-size plan sheet(s). All plans, including site, grading, civil, mechanical, street improvement, landscaping, and architectural elevations shall be coordinated for consistency prior to issuance of permits.

23. Setbacks and Lot Standards. Setbacks and other area requirements for all homes and related structures shall be consistent with the requirements of Table 2.4 of the Spring Lake Specific Plan and the approved Planned Development Overlay standards as provided in the City Council Resolution approving the Tentative Subdivision Map, Conditional Use Permit and Planned Development.

24. Driveway Entrances. Textured, colored, stamped concrete design or a similar design shall be provided at the primary driveway entrances as generally depicted in the Design Review plans.

25. Energy Efficiency and Climate Action Plan. The land plan for the project has been designed to maximize energy efficiency to the extent possible. All buildings shall be designed to meet, and are recommended to exceed, energy efficiency requirements provided in the Spring Lake Specific Plan, including solar requirements. In addition, the project shall be designed to address strategies identified in the City of Woodland’s Climate Action Plan (CAP). The project will meet all measures as outlined in the Climate Action Plan checklist. Verification will be required prior to issuance of building permits.

26. Photovoltaic Panels. At minimum, each home shall be photovoltaic ready and shall: 1) be pre-wired; 2) have adequate roof strength to support solar panels; 3) roofs to have minimal penetrations in order to accommodate solar panels; 4) a 200 amp main electrical panel; and 5) space provided adjacent to main panel for solar disconnect and associated equipment (inverter). If not provided as a standard feature, photovoltaic systems shall be offered by the builder as an upgrade offered at the time of initial purchase.

27. Electric Vehicle Charging Infrastructure. Each home shall have a dedicated 240-volt, 40-amp circuit for electric vehicle charging station in every garage or as required by the most current California Green Building Standards. Garages shall have adequate

ventilation as required for vehicle charging stations. Compliance with this condition shall be clearly indicated on the building permit plans for each single-family home.

28. Trash and Recycling Container Storage. Areas shall be provided for designated storage of trash and recycling containers in compliance with Spring Lake Design Standard 2.8.

Such areas shall be located adjacent to the house and screened from view of the streets.

Information shall be verified prior to issuance of building permits.

29. Landscape Plan Submittal. Detailed Landscape and Irrigation Plans, shall be designed and prepared by a licensed landscape architect and shall be certified in accordance with City and State water conservation requirements. Landscape plans shall be submitted and approved by the Community Development and Public Works Departments prior to issuance of building permits. Landscape plans shall specify the following:
a. Locations, size and quantity of all plant materials. b. A plant legend specifying species type (botanical and common names), container size, maximum growth habit and quantity of all plant materials. c. Location of all pavements, fencing, wheel stops or curbs, buildings, structures, light poles, property lines and other pertinent site plan features. d. Location of utilities in relation to on site planting and street trees. e. Planting and installation details and notes including soil amendments. A soil fertility test shall be prepared prior to approval of plans to determine planting and amendment requirements.
f. Existing trees on site shall be identified. Trees planned for removal or relocation shall be marked on the plans, and the methodology to preserve existing adjacent trees during construction of new footings shall be provided on plans consistent with the Arborist report prepared by Sierra Nevada Arborists. g. Any trees for removal and identified as heritage, specimen, or landmark under City code shall be mitigated for per City requirement.
h. Details of all irrigation (drip, sprinkler, bubbler) as well as equipment such as backflow controller and water meter devices identified. i. Shared open space, culvert overcrossing to include all associated amenities and lighting.

30. Compliance with City and State Water Conservation Ordinance. The project shall comply with City and State Water Conservation Ordinance, as well as water conserving requirements in the Spring Lake Specific Plan and Design Standards. This applies to

all yard and public landscaping. Plans shall be reviewed for compliance prior to issuance of building permits.

31. Shade Tree Planting. Shade trees shall be planted such that 50 percent of the uncovered stalls will be in shade at noon at landscape maturity. Planters containing trees shall not be less than four feet in width and shall be protected by wheel stops or curbs.

32. Tree Planting. All trees shall be planted and staked with Reddy stakes (or equivalent) in accordance with city standards.

33. Street Tree Master Plan. A Final Street Tree Master Planting Plan shall be approved prior to the issuance of the first building permit. The plan shall be reviewed for conformance with the Spring Lake Approved Street Tree list and shall be reviewed and approved by the Community Development Department and the City’s Community Services Department, Urban Forestry division. A soils test shall be submitted that will assist in appropriate species selection. Trees shall be a minimum of 15-gallons in size.

A minimum of two alternate species shall be provided per street.

34. Tree and Utility Planting Plan. Due to the smaller lots, utilities shall be carefully located in order to ensure that each lot can maintain one street tree without conflict.

Coordination in the placement of all utilities in relation to street trees shall be required.

A Plan set illustrating tree and utility placement will be required prior to issuance of building permits and shall be coordinated with the Street Tree Master Plan

35. Public Landscaping. Landscaping design, materials, installation and maintenance in roadways, medians, greenbelts, subdivision trails, and other public areas shall be consistent with applicable City requirements. Landscaping shall satisfy and fully implement Development Regulations 2.15.1 and 4.16 (Tree Canopy), 2.22 (Drought – tolerant plantings), 4.17 (Timing of landscaping), 4.17.1 (landscaping at intersections),

4.18 and 4.19 (bikeway and landscaping) and 7.13 (public landscaping). Due to the unique nature of the housing product and site conditions, minor modification may be permitted subject to review and approval of the Community Development Department

36. Utility Design. The location of all utility structures shall be coordinated with and depicted on the landscaping plans. Location and installation of utility structures shall be to the satisfaction of the Community Development Director and City Engineer.

Public utility lines, along public street frontages and /or landscaped areas shall be underground type unless otherwise approved by the Community Development Director and City Engineer. The applicant shall ensure consistency with Development Regulation 2.11 (Utilities), 2.13 (connectivity), 2.21 (utility facilities) and 6.17 through

6.19 (general utility requirements).

37. Street and Lot Lighting. Lights along local roads and in public use areas shall be consistent with SL Development Regulation 2.22.2. The project shall install LED streetlights to meet City Standards in effect at the time improvement plans are completed.

38. Residential Fencing. All wood fence footings and foundations shall be constructed of galvanized steel, reinforced concrete, or masonry. No treated wood materials in contact with the ground will be permitted. All wood fencing shall be stained with a semitransparent or opaque water sealant to prevent water damage and staining.

Consideration shall be given to the use of wood with integral stain. All required notes/details shall be provided on plans prior to the issuance of permits. Fencing shall comply with Section 2.9 of the SL Design Standards.

39. Fencing Plan. Prior to issuance of building permits submit a final fencing plan for review and approval which identifies the material, location and design of all fencing on the project, including perimeter, good neighbor, interconnecting walkways and paths and accent fencing.

40. North Property Wall. The existing fencing along the north boundary of the project shall be replaced with wood fence that will be a minimum of six-feet in height, on either side as measured from the finished pad elevation. The location and design of the fence shall be shown on the Improvement Plans for the project. The design shall be approved by the Community Development Department prior to approval of Improvement Plans.

OWNER shall work with the adjacent property owners to obtain necessary permission to remove the existing fencing and install the new fencing.

41. Double Wall Treatment. Should OWNER be unable to obtain necessary rights of entry from property owners to remove the existing fencing and construct new fences in condition 40 above, OWNER shall propose new construction design for the City’s approval that does not need adjacent property owners’ approval and minimizes a nuisance or hazard double wall condition.

42. On-Site Parking. In no case shall the number parking spaces be reduced without prior approval of the Community Development Director.

43. A light sand finish stucco texture shall be utilized on all homes and window trim (as used in Oyang South development, located off of Christenson Circle south of the Ruby Estates site) (no lace texture).

MITIGATION MEASURES

44. SLSP Mitigation Requirements. The project applicant shall comply with all mitigations required by the TOC EIR Mitigation Monitoring Program including provided as Attachment A to the SLSP, as well as adherence to the Yolo HCP/NCCP, any further analysis provided through additional studies and evaluations required to

ensure compliance with mitigations. This includes a pre-construction and/or tree removal survey by a qualified biologist that will include a Raptor and a Ground Nesting Raptor Survey (4.5-3).

45. Ground Nesting Raptor Survey. Pursuant to Mitigation Measure 4.5-3(a), thirty (30) days prior to commencement of grading or any site work, the applicant shall have prepared and submitted a survey for ground nesting raptors (e.g. norther harrier and burrowing owl). This survey shall be prepared by a qualified raptor biologist using appropriate protocol acceptable to responsible agencies. If survey nesting raptor species are found, then mitigation measures 4.5-3(b-d) of the Spring Lake Specific Plan Mitigation Monitoring Plan shall be followed. Survey results are valid only for the season when construction activity occurs.

46. Pre-Construction or Pre-tree Pruning or Removal. Each landowner or applicant shall conduct a pre-construction or pre-tree pruning or removal survey of trees greater than 30 feet tall during the raptor breeding season (March 1- September 15). The survey shall be conducted for a half mile around the proposed site at which any construction activity is proposed. The survey shall be conducted by a qualified raptor biologist during the same calendar year that the proposed activity is planned to begin to determine if any nesting birds-of-prey would be affected.

47. Environmental Noise Analysis. The design of the project shall comply with the exterior and interior noise level requirements of the Noise Element of the City of Woodland General Plan

48. Geotechnical. The design and construction of improvements shall be in accordance with recommendations contained in the Conclusions and Recommendations Section of the Preliminary Geotechnical Engineering Report.

49. Air Quality Directives. Owner shall comply with Air Quality Management District directives as specified in Development Regulation 2.12 for both off-road and on-road low-emissions heavy-duty vehicles and construction equipment during all grading and construction. (SLSP page 7-4, Regulation 7.3).

50. Mosquito Vector Control. Prior to each construction season, each landowner or applicant with a project under construction shall consult with, and implement the recommendations of the Mosquito Vector Control District regarding control of mosquitoes, black gnats, and other vectors.

51. Construction Recycling. Prior to the commencement of construction on any project, the applicant shall ensure that the construction contractor has established construction recycling measures pursuant to the requirements of the Mitigation Monitoring Plan and all other City requirements. (MM 4.13-18)

52. Dust Suppression. Applicant shall comply with all dust suppression requirements during all grading and construction activities (SLSP Regulation 7.4)

53. Off-site Improvements. Off-site improvements must satisfy the requirements of SLSP and SLSP MM including but not limited to Development Regulation 6.13 and Mitigation Measure 4.5-7.

54. Cultural Resources. During grading or any site work, development must comply with Development Regulation 7.22 (MM 4.10-1)

55. CEQA Filing Fees. Within five working days after project approval, the applicant shall pay a mandatory Notice of Determination recording fee of $50 (or latest fee in effect at time of payment) for County Clerk processing, made payable to Yolo County Clerk and submitted to the Woodland Community Development Department, or the City may apply funds from applicant’s deposit for the recording fee. To the extent applicable, if the required filing fee is not paid for a project, the project will not be operative, vested, or final and any local permits issued for the project will be invalid(Section 711.4)(3) of the Fish and Game Code.) NOTE: If the fee is not paid within five days after approval of the project, it will extend time frames for CEQA legal challenges.

DEVELOPMENT ENGINEERING
Roadways

56. The applicant shall replace all cracked and broken sidewalk along the project frontage.

57. The applicant shall replace all frontage that does not meet ADA standards with CityStandard ADA-compliant driveways, curb, gutter or sidewalk.

58. The applicant shall replace/install City-Standard ADA-compliant curb ramps.

59. Miekle Avenue is under moratorium for cuts into the new street (accepted on 5/4/2021; moratorium expires on 5/4/2028). City understands and acknowledges that Applicant will make certain cuts to make connections to various existing utilities in Miekle Avenue including sanitary sewer, storm drainage and water pipes. Applicant understands that all such repairs to Miekle Avenue shall include surface restoration consistent with City standards. Private Roadways/Alleys shall be constructed to City standard structural sections, with a minimum of 4” AC over 12” AB or as otherwise recommended by a certified soils report. Should there be a need for the City to maintain/repair public utilities requiring trenching through private alleys, such repair shall include surface restoration consistent with City standards.

60. This project shall complete the traffic signal improvements at the intersection of County Road 25A and County Road 102. This work is reimbursable through the SLIF program.

Easements and Right of Way

61. Appropriate easements shall be required for City maintained facilities located outside of City owned property or the public right-of-way.

62. A ten (10) foot public utility easement back of separated sidewalk, adjacent to all public streets within the development shall be dedicated to the City and may be required elsewhere as requested by the utility companies and approved by the City.

63. Final map shall dedicate easements to allow connection of sewer, water, storm drain facilities across parcels and vehicular and pedestrian access, so that each parcel may attach to the public system. Easements may be dedicated through one of the following mechanisms:

A. A legally binding CC&R document, reviewed and approved by the City and recorded on the title of the land;
B. Prior to approval of the final map the applicant shall enter into an Agreement for Conveyance of Easements and record it against the property. The map shall reference the agreement; or
C. A statement on the map as follows “We hereby reserve easements for reciprocal private access, drainage, utilities, and maintenance, on, over, and across Parcels and these easements shall bind and insure to the benefit of the heirs, administrators, executors, and successors of the grantors and are for the benefit of each of Parcels so described.”
Landscaping

64. Public landscape strips (between back of curb and sidewalk) along the public streets (Miekle Avenue and County Road 25A) are considered a public improvement.

Design and construction of public landscaping areas shall be included in plans and proceed concurrent with adjacent development.

All public landscape areas shall connect to the City’s water service, meter and irrigation system and shall be maintained by the City though a City Lighting and Landscape District. Applicant shall annex into the existing Spring Lake Landscape and Lighting District (which includes landscaping on CR-25A and Miekle)

65. Trees within the Public Landscape strip shall be irrigated per City of Woodland Standards via connection to onsite water service, meter and irrigation system. City will maintain trees within the public landscape area.

Wastewater and Sewer Collection System

66. Sewer mains, including sewer wyes, throughout the project shall be publicly owned and maintained. Sewer laterals, including cleanouts, up to the connection point at the

wye shall be privately owned and maintained. All publicly owned and maintained sewer facilities shall be within a public utility easement. Privately owned sewers shall be designed to City standards.

67. Sewer Mains shall not be less than 8” in diameter and shall be constructed to public/City standards.

68. The property shall be connected to the City of Woodland sewer system, with a separate sewer lateral required for each parcel, in accordance with City of Woodland standards.

69. The Tentative Map Sewer Plan showing sewer routing, pipe slopes and sizing and locations, are preliminary only and do not constitute approval in any way. Final approval for the Sewer Plan shall occur with the final improvements based on the requirements set forth in these conditions of approval.

70. Top-of-line sewer mains shall terminate with a manhole (not a cleanout).

71. Abandon all unused stubs to the property per city standards.

Storm Water

72. Applicant shall design and construct drainage improvements consistent with the most recent version of the City's Storm Drainage Master Plan criteria and Standard Specifications and Details. If required, the pad heights may have to be raised from those shown on the preliminary grading plan of the tentative map.

73. Storm drain systems shall be private and the responsibility of the HOA. Private ownership and maintenance responsibilities shall terminate at the first connection point (manhole or inlet) to the City’s system within a public street. Privately owned lines shall be constructed to City standards and shall not be less than 18” in diameter. (Note connection day lighting at the driveway is not permitted, connections will need to be at a manhole in the street.).

74. Abandon all unused stubs to the property per city standards.

Storm Water Quality Control

75. Construction of projects disturbing more than one acre of soil shall require a National Pollution Discharge Elimination System (NPDES) construction permit.

Applications/projects disturbing less than one acre of soil shall implement BMP’s to prevent and minimize erosion. The improvement plans for construction of less than 1 acre shall include a BMP to be approved by the City Engineer.

Prior to Building Permit Owner shall submit post construction work sheet in accordance with Appendix 8 of the City’s Post Construction Standards Manual; to demonstrate how the project is meeting low impact development standards, Hydromodification standards, and Storm Water Quality Standards.

76. OWNER may reference the City’s Post Construction Standards Manual on the web. http://www.cityofwoodland.org/gov/depts/cd/divisions/engineering/development/ h2oquality.asp
Water Infrastructure

77. All materials and installation of the water system shall be at the developer’s expense per City of Woodland Standard Specifications and Details.

78. Water meters shall be owned and maintained by the City. Water meters shall not be located in driveways; unless specifically and individually approved by the City Engineer.

79. Water mains, water laterals, and water meters throughout the project shall be publicly owned and maintained up to and including the meter. All publicly owned and maintained water facilities shall be within a public utility easement. Water laterals beyond the meter are considered private. Private water facilities shall be constructed in accordance with City Standards.

80. Until such time as actual service connections are approved for the subdivision, the water agency may withhold water service due to a water shortage declared by the water agency.

81. The Tentative Map Water Plan showing water routing, sizing and locations, are preliminary only and do not constitute approval in any way. Final approval for the Water Plan shall occur with the final improvements based on the requirements set forth in these conditions of approval.

82. Abandon all unused stubs to the property per city standards.

83. Any fire hydrant installed will require, in addition to the blue reflector noted in Standard Drawings, an additional blue reflector and glue kit that is to be supplied to the City of Woodland Fire Department for replacement purposes.

84. The project shall have a separate metered water service that is solely for the landscape irrigation system.

85. Tees on water mains shall be equipped with two (2) valves; crosses shall be equipped with three (3) valves. Avoid locating valves on deep (>60") water line sections and inside concrete areas wherever possible to facilitate repairs.

86. 8” dead-end mains serving only 6 homes will result in stagnant water requiring frequent flushing. Reduce dead end main sizes to 6” (or 4” if sprinkler calcs allow) and place a blow off at the end of the line.

Grading

87. A topographic survey of the entire site and a comprehensive grading and drainage plan prepared by a registered civil engineer, shall be required for the development.

The plan shall include topographic information on adjacent parcels. In addition to grading information, the grading plan shall indicate all existing trees, and trees to be removed as a result of the proposed development, if any. A statement shall appear on the site grading and drainage plan, which shall be signed by a registered civil engineer or land surveyor and shall read, “I hereby state that all improvements have been substantially constructed as presented on these plans”. Reference the City of Woodland Engineering Design and Construction Standards for additional requirements.

88. The Tentative map Preliminary Grading plan showing grading and drainage information including topographic information, drainage routing, pipe slopes and sizing and locations, and overland drainage routing are preliminary only and do not constitute approval in any way. Final approval for the grading and Drainage Plan shall occur with the final improvements based on the requirements set forth in these conditions of approval.

89. The differential in elevation between rear and side abutting lot lines shall not exceed twelve inches (12") without construction of concrete or masonry block retaining walls.

Fees

90. The Owner shall pay all required fees for processing final maps (technical check) with final map submittal.

91. Prior to approval of improvement plans, the Owner shall pay all fees for plan check and inspection of offsite infrastructure improvements, as approved by City Council and defined in the City Fee Schedule. If Owner pays a deposit only at improvement plan submittal, the balance shall be paid prior to improvement plan approval by the City Engineer. If contract inspection is necessary for the project Owner shall prefund a liability account and sign an advanced funding agreement.

92. Owner shall pay applicable Development Impact Fees or connection fees in effect at the time of building permit issuance

93. Owner agrees to pay to City a general purpose fee, a total of $5,000 per building permit, to be used for the City Southeast Area Aquatics Center Project. Payment shall be made at time of approval of final map. Final determination of cost shall be made at time of payment and shall be based on inflationary cost increases (Construction Cost Index (CCI)).

At final Map Owner shall pay Transit Capital fee of $247 per lot for a total of 21,489 and a Transit Operating Fee of $51 per lot for a total of $4,437.

At final Map Owner shall pay a fee of $771 per lot for SL fire operations for a total of $67,077.

94. The conditions of approval set forth herein include certain fees, dedication requirements, reservation requirements and/or other exactions. Pursuant to Government Code, Section 66020(d), these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations and other exactions.

The applicant is hereby notified that the 90-day protest period, commencing from the date of project approval, has begun. If the applicant fails to file a timely protest regarding any of the fees, dedication requirements, reservation requirements and/or other exactions contained in this notice, complying with all the requirements of Government Code, Section 66020, the applicant will be legally barred from later challenging such fees, dedications requirements, reservation requirements and/or other such exactions. Notwithstanding the foregoing, the City does not waive any rights it may have to enforce any settlement agreement, memorandum of understanding, or other agreement with the applicant which authorizes the City to impose certain fees, and which may waive the applicant's right to challenge the imposition of some or all of the fees, dedication requirements, reservation requirements, and/or other exactions set forth in these conditions of approval.

General Conditions

95. Other than on-site street width, all civil improvements for water, sewer, storm, electrical, roadway sections, markings, and appurtenances shall conform to City Standards.

96. Applicant shall install a 6’ tall masonry wall along the County Road 25A project frontage. The cost for this improvement is reimbursable through the SLIF program.

97. Minimum standards for onsite lighting shall require the project to meet City municipal code standards for lighting of parking areas. In addition to lighting in the shared open space and along the paseos and walking paths within the development.

98. Developer shall document and show evidence that all tentative map conditions are met or secured with submittal of final map.

99. Enter into a (Subdivision) Improvement Agreement for the construction of public improvements prior to construction of any improvements, approval of improvement plans, approval of final map, or building permits.
100. Prepare improvement plans for the project which shall include any work within the public right-of-way and public utility easements, as applicable, and submit them to the Public Works department for review and approval. The improvement plan sheets shall include the title block as outlined in the City of Woodland Standard Specifications. This submittal is separate from the building permit submittal. All

public improvements shall conform to the current City of Woodland Standard Specifications.
101. Submit proposed Street names to fire department for approval with a copy to Public Works prior to improvement plan or final map submittal. 102. Public improvements (within public right-of-way) in addition to roadway construction shall include water, sewer and storm drain mains, Fire hydrants, street lights, and landscaping.
103. Submit an application for reapportionment of assessments with the parcel map or subdivision map.
104. If improvements are constructed and/or installed by a party or parties other than the Developer, which improvements benefit Developer’s property, Developer shall pay a proportionate share of the costs of said improvements, including interest, prior to the issuance of building permit(s) (approval of the final map) to Developer. [City confirmed this condition has been satisfied.]
105. If conditions for the project require Owner to construct improvements which benefit parties other than Owner, and are subject to reimbursement by others as determined by the City Engineer, Owner may request to enter into a reimbursement agreement drafted by the City. City shall endeavor to collect reimbursements from the benefiting party (ies) including requiring payment prior to approval of any entitlements for benefiting party(ies). All reimbursement agreements shall be executed prior to final map approval.
106. Final map shall tie into two City control network monuments in accordance with the City’s electronic submission ordinance
107. This project is subject to the construction and demolition debris recycling and diversion ordinance; contact the City’s Environmental Resource Analyst, at 661-2063 for more information.
108. Joint trench/utility plans shall be submitted to the City Engineer for review, prior to approval of the final map and improvement plans.
109. U.S. Post Office mailbox locations shall be shown on the improvement plans subject to approval by the City Engineer and Postmaster.

BUILDING
110. This project must meet all criteria and mandates for these City Adopted codes or the most current code:
a. 2019 California Residential Code
b. 2019 California Building Code

c. 2019 California Plumbing Code
d. 2019 California Mechanical Code
e. 2019 California Electrical Code
f. 2019 Building Energy Efficiency Standards
g. 2019 California Green Building Code
h. The Code of the City of Woodland (in accordance with the Agreement). 111. Other City and County Agencies (Health, Fire, Public Works, and Planning) may be required to approve the project prior to a building permit being issued. a. Recycle plan is required at time of permit issuance along with a deposit. b. Prior to any demolition work being performed, clearance from Yolo Solano Air Quality Management District is required.
112. Any deferred submittals that are not a part of the initial permit application must be listed on the cover sheet of the plan at the time of application for the project.\ 113. All plans, computations and specifications to be prepared and designed by an architect or engineer licensed by the state of California. 114. A licensed architect or licensed engineer shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. 115. A soils investigation report shall be provided as specified in section 1803.2 of the 2016 CBC.
116. Because this project is located in an area known to contain expansive soils and per Woodland General Plan Policy document, Part II, Policy 8.A.9, “The City shall require the use of special bending-resistant designs where foundations must be slab-on-grade in areas with expansive soil.” And per CBC 1808.6, footings or foundations for buildings founded on expansive soils shall be designed in accordance with CBC 1808.6.1 and for concrete slab-on ground foundations the design shall be in accord with CBC 1808.6.2 and PTI Standard Requirement for Design of Shallow Post-Tensioned Concrete Foundations on Expansive Soils or WR/CRSI Design of Slab-on-Ground Foundations and the specific recommendations as noted in the geotechnical engineering report. Please submit plans and calculations stamped and signed by a California register Civil or Structural Engineer or Architect showing compliance. Woodland General Plan Policy Document, Part II, Policy 8.A.9, CBC 1803.5.3 and CBC 1808.6.

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 19, 2022
ITEM #: J.17
SUBJECT: PUBLIC HEARING - Weed Abatement Program Parcels not in Compliance
Recommendation for Action: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, to hear and approve the list of parcels that were out of compliance for weed abatement requirements for the year 2021 and direct the Tax Collector of Yolo County to assess liens against real property to reimburse the City for the cost of removal of weeds, refuse, and dirt from the property.

Staff Contact:

Emily Walling, (530) 661-5855, [email protected] Fiscal Impact:

A considerable amount of time was incurred by staff in processing these liens, including: correspondence with property owners, compliance surveys, correspondence with concerned community members, and property abatement. Time spent on weed abatement processing was recorded per staff member, calculated per the hourly rates per the approved fee schedule and divided between the parcels. Administrative fees resulted in a sum of $125.52 per parcel. The breakdown between the total abatement costs of $3,100 and administrative time costs incurred of $1,255.20 by property is included in the attached "Lien Explanation 2021 Woodland" information sheet. The administrative fees and fees for County recordings are attached to the total amount liened, so the property owner assumes that cost.

Background:

Per the Woodland City Code 9.44, the Fire Chief can declare that weeds constitute a public nuisance which must be abated by the removal of the weeds, refuse, and dirt on undeveloped parcels. If not abated by the compliance date, Code allows weeds to be abated by the city and the cost of removal assessed upon the land which will constitute a lien upon such land until paid. Last year, notice was given to all owners of undeveloped parcels in the City per the guidance set forth in the Code. Upon surpassing the compliance date indicated in the letter, sixteen (16) parcels remained out of compliance and the City contracted a company to abate these properties. Invoices were sent property owners, allowing owners the opportunity to reimburse the city, prior to being added to the tax roll. The amount assessed includes the invoiced amount per parcel plus hourly administrative fees per the approved fee schedule.

Discussion:

This action requests that the City Council adopt a Resolution to lien local properties of the cost of abating properties of undeveloped parcels for failure to come into compliance with the weed abatement requirements set forth by the Woodland City Code, Chapter 9.44. Staff recommends that the City Council conduct a Public Hearing to hear and approve the list of parcels that the City abated of weeds, rubbish, and dirt during 2021 and direct the Tax Collector of Yolo County to assess liens against real property to collect payments.

Conclusion:

Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, to hear and approve the list of parcels that were out of compliance for weed abatement requirements for the year 2020 and direct the Tax Collector of Yolo County to assess liens against real property to reimburse the City for the cost of removal of weeds, refuse, and dirt from the property.

Prepared by: Emily Walling, Fire Marshal
Reviewed by: Eric Zane, Fire Chief
Attachments:

1. Lien Explanation 2021 Woodland

2. Resolution Weed Abatement 2021 Weeds

Parcel Address Owner info Landscape Company Invoice # Invoice Amount CRR Time (Hourly Rate * Hours Spent)
Total Total for Lien, per
County Requirements
005-142-006 71 Locust St SAHOTA DEVINDE SINGH & SUSVIR Armstrong Mowing 7274 $210 $125.52 $335.52 336 005-142-007 337 Clover St SAHOTA DEVINDE SINGH & SUSVIR Armstrong Mowing 7274 $210 $125.52 $335.52 336 005-692-059 269 Palm Ave & 808 Kentucky
Ave SAHOTA DEVINDE SINGH & SUSVIR Armstrong Mowing 7274 $210 $125.52 $335.52 336 005-692-061 267 Palm Ave SAHOTA DEVINDE SINGH & SUSVIR Armstrong Mowing 7274 $210 $125.52 $335.52 336 006-022-001 417 West Street AGAVE BUILDERS LLC Armstrong Mowing 7274 $210 $125.52 $335.52 336 042-351-004 2609 Celebration Way SAHOTA DEVINDE SINGH & SUSVIR Armstrong Mowing 7274 $210 $125.52 $335.52 336 042-351-007 2003 Celebration Way SAHOTA DEVINDE SINGH & SUSVIR Armstrong Mowing 7274 $210 $125.52 $335.52 336 042-372-005 2709 Liberty Drive JAGPAL JASPREET Armstrong Mowing 7274 $210 $125.52 $335.52 336 042-391-008 2219 Somerset Cir UNNAVA HANUMANTHA RAO & VASUNDHARA Armstrong Mowing 7274 $210 $125.52 $335.52 336 065-290-007 530 Community Lane UNITED REI LLC Armstrong Mowing 7274 $210 $125.52 $335.52 336 $2,100 $1,255.20 $3,355.20 3,360.00 $
City of Woodland
Weed Abatement Lien Information

Recording requested by
City of Woodland
And when recorded send to;
City Clerk
City of Woodland
300 First Street
Woodland, CA 95695
RESOLUTION NO. _____
A Resolution Requesting Collection of Charges on Tax Roll Whereas, the City of Woodland (hereinafter City), requests the County of Yolo collect on the County tax rolls certain charges which have been imposed for a list of parcels within the City that were out of compliance for weed abatement requirements for the year 2021 ; and Whereas, due to noncompliance, the City abated the parcels of weeds and is seeking reimbursement for the cost of abatement and administrative processing fees; and Whereas, the County has required as a condition of the collection of said charges that the 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 of Woodland warrants and represents that the taxes, assessments, fees and/or charges imposed by the City of Woodland and being requested to be collected by Yolo County comply with all requirements of the Woodland Municipal Code, and State law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218).

3. The City of Woodland releases and discharges the 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 the County of any taxes, assessments, fees and/or charges on behalf of the City.

4. The City agrees to and shall defend, indemnify and hold harmless the County, it’s 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 the City’s said taxes, assessments, fees, and/or charges requested to be collected by the County for the City, or in any manner arising out of the 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 the City’s taxes, assessments, fees and/or charges, the County may offset the amount of the judgment from any monies collected by County on behalf of the City, including property taxes.

5. The City agrees that it’s officers, agents and employees will cooperate with the County in answering questions referred to City by the County from any person concerning the City’s taxes, assessments, fees and/or charges and that the 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 taxes, assessments, fees and/or charges, as provided by Government Code Sections 29304 and 51800.

PASSED AND ADOPTED by the City Council this 19th 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

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 19, 2022
ITEM #: J.18
SUBJECT: PUBLIC HEARING - Waste Management Liens
Recommendation for Action: Staff recommends that the City Council conduct a Public Hearing to receive input from property owners and adopt Resolution No. _____, “A Resolution Requesting Collection of Charges on Tax Roll”.

Staff Contact
Ana B. Gonzalez, City Clerk – (530) 661-5806, [email protected] Fiscal Impact
There is little to no fiscal impact to the City to maintain the current process, other than staff time for processing and releasing the liens. The fee of $59.00 for recording is attached to the total amount of the lien and the property owner assumes that cost.

Background
This annual Public Hearing allows property owners with delinquent Waste Management accounts for services received, including garbage, recycling and yard refuse pick-up and disposal, and for sweeping of the street, to address the Council prior to the attachment of a lien against their property. The Hearing is required prior to adoption of the Resolution to request the lien attachment. The list is available in the City Clerk's Office.

Before filing a lien with the County, a Public Hearing needs to be held to allow protests of the proposed liens.

The current City Municipal Code Section 13.08.130 provides the parameters for garbage and yard refuse disposal and services, while Section 13.36 discusses the recycling portion of the service as provided by the Waste Management Franchise Agreement.

Staff worked with Waste Management to determine the accuracy of the proposed lien list. Those inaccuracies will be corrected and/or removed from the list prior to attachment of the liens. The City should not be actively involved in discussions regarding the billing itself and refers those questions to the Waste Management staff for resolution. While it is not City responsibility to become involved in the dispute of the billing, staff does attempt to mediate by providing contact information at Waste Management for resolution attempts. The primary role of the City is to obtain approval to attach the lien and to release the lien once verification of payment has been received.

Discussion
The utilization of Waste Management for the issuance of service bills has saved the City a tremendous amount of time and funds to issue and collect such bills.

As this method of collecting past due accounts has saved the City time and money, staff believes that the process should continue. Should Council determine another course of action, the cost factor would need to be considered. It is anticipated that another full time staff member would be required to adequately handle the billing and collection of delinquent accounts. As well, the collection would be subject to the Small Claims Court process which would have further costs associated with that process.

Conclusion
Staff recommends that the City Council conduct the Public Hearing to receive input from property owners and adopt Resolution No. _____, “A Resolution Requesting Collection of Charges on Tax Roll”.

Prepared by: Ana B. Gonzalez, City Clerk
Note: Waste Management Delinquency List available in the City Clerk's Office Attachments:

1. Reso_Waste Management Liens

Recording requested by
City of Woodland
and when recorded send to:

City Clerk
City of Woodland
300 First Street
Woodland, CA 95695
RESOLUTION NO. _____
A Resolution Requesting Collection of Charges on Tax Roll Whereas, the City of Woodland (hereinafter City), requests the County of Yolo collect on the County tax rolls certain charges which have been imposed pursuant to an Agreement with Waste Management; and
Whereas, the County has required as a condition of the collection of said charges that the 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 of Woodland warrants and represents that the taxes, assessments, fees and/or charges imposed by the City of Woodland 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 of Woodland releases and discharges the 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 the County of any taxes, assessments, fees and/or charges on behalf of the City.

4. The City agrees to and shall defend, indemnify and hold harmless the County, it’s 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 the City’s said taxes, assessments, fees, and/or charges requested to be collected by the County for the City, or in any manner arising out of the 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 the City’s taxes,

assessments, fees and/or charges, the County may offset the amount of the judgment from any monies collected by County on behalf of the City, including property taxes.

5. The City agrees that it’s officers, agents and employees will cooperate with the County in answering questions referred to City by the County from any person concerning the City’s taxes, assessments, fees and/or charges and that the 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 taxes, assessments, fees and/or charges, as provided by Government Code Sections 29304 and 51800.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 19, 2022
ITEM #: J.19
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.

Staff Contact
Evis Morales, Finance Officer; (530) 661-5923, [email protected] Fiscal Impact
The proposed assessment would generate $216,000 in revenue to offset the costs of District maintenance, which is 2% greater than the FY 2021/22 assessment. The proposed levy for FY2022/23 is at the maximum allowable assessment, and the increase from the previous year is primarily due to normal ongoing operations.

The following table shows a comparison of the maximum assessment, the FY 2021/2022 actual assessment and the proposed FY 2022/2023 assessment:

Background
The Landscaping and Lighting Act of 1972 (“the Act”) authorizes cities to impose assessments on benefitted properties to finance construction of street landscaping, street lighting, traffic signals, parks, street trees, sidewalk repair, recreational improvements; as well as maintenance and servicing of any of these improvements. In accordance with Act, the City formed the Gateway Lighting and Landscaping (L&L) District.

The Gateway L&L is located in the easterly portion of the City, generally bounded to the north by Interstate 5, to the east by County Road 102, to the south by Bronze Star Drive and generally to the west by the City boundaries.

On June 7, 2022, Council approved resolutions to preliminarily approve the Engineer’s Report and to initiate proceedings for the annual levy and on June 21, 2022, the City Council also approved a resolution setting the public hearing date for July 5, 2022. The Engineer’s Report was attached to the June 7, 2021 staff report and is available on the City's website.

Discussion
Each year, the City prepares an Annual Report for each District, along with the District estimates for an operating budget, to calculate the assessment annually levied for each parcel. This budget determines what maintenance operations are performed for the fiscal year and directs the County Assessor on what to levy each parcel. The complete reports are available for review on the City's website.

State regulations require a two-part process to complete the annual levy. The first part of the process requires

Council to take action to initiate proceedings for the levy, preliminarily approve the Engineer’s Reports and call for a public hearing; this occurred at the June 7, 2022 Council meeting. A public hearing is required to complete the levy process. The public hearing was scheduled for the July 5, 2022 Council meeting, but a property owner requested additional time to review the annual report, and the hearing was opened and continued to July 19, 2022.

Following the public hearing, Council may direct changes to the Engineer’s Report or to the levy, but may not increase the levy beyond the maximum approved amount.

Conclusion
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.

Prepared by: Evis Morales, Finance Officer
Reviewed by: Kim McKinney, Director of Administrative Services Attachments:

1. FY2023-Resolution Approving ER for Gateway (Public Hearing) (1)

2. FY2023-Resolution Ordering the Levy Gateway (Public Hearing) (1)

3. Gateway L&L Map

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, AMENDING AND/OR APPROVING THE FISCAL YEAR 2022/2023 ENGINEER’S REPORT REGARDING THE GATEWAY LANDSCAPING AND

LIGHTING DISTRICT
WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”), did by previous Resolution order the Assessment Engineer, Koppel & Gruber Public Finance, to prepare and file the 2022/2023 Engineer’s Report for the “Gateway Landscaping and Lighting District” (the “District”); and,
WHEREAS, the Assessment Engineer has prepared and filed with the City Clerk of the City of Woodland, California and the City Clerk has presented to the City Council such report entitled “City of Woodland Gateway Landscaping and Lighting District Fiscal Year 2022/2023 Engineer’s Report” (the “Report”) as required by the Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report, and is satisfied that the levy for each parcel has been calculated in accordance with the special benefits received from the operation, maintenance and services performed, as set forth in the Report.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE

CITY COUNCIL OF THE CITY OF WOODLAND, THE LEGISLATIVE BODY FOR SAID DISTRICT, AS FOLLOWS:

Section 1 The preceding recitals are true and correct.

Section 2 The Report as presented or as modified, contains the following:
a. A Description of Improvements.
b. A Diagram of the District.
c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. d. The 2022/2023 Assessment based upon Method of Apportionment as approved by the property owners pursuant to the provision of the California Constitution Article XIIID Section 4.
e. An “Assessment Range Formula” for calculating annual inflationary adjustments to the initial “Maximum Assessment” (Adjusted Maximum Levy per benefit unit), also approved by the property owners. f. The 2022/2023 Annual Budget (Costs and Expenses) and the resulting 2022/2023 assessment (Levy per benefit unit) for Fiscal Year 2022/2023.

g. The Assessment Roll containing the Levy for each Assessor Parcel Number within the District for Fiscal Year 2022/2023.

Section 3 The City Clerk is hereby directed to enter on the minutes of the City Council any and all modifications to the Report determined and approved by the City Council, and all such changes and/or modifications by reference are to be incorporated into the Report.

Section 4 The City Council is satisfied with the Report as presented or modified, each and all of the budget items and documents as set forth therein, and is satisfied that the Fiscal Year 2022/2023 annual assessments contained therein are consistent with the assessments approved by the property owners and spread in accordance with the special benefits received from the improvements pursuant to the provisions of the California Constitution Article XIIID.

Section 5 The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 6 The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Report as submitted or modified.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND,

CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ANNUAL

ASSESSMENTS REGARDING THE GATEWAY LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022/2023
WHEREAS, the City Council, has by previous Resolutions initiated proceedings to form, and declared its intention to levy and collect annual assessments against parcels of land within the “Gateway Landscaping and Lighting District” (the “District”) for the fiscal year commencing July 1, 2022 and ending June, 30 2023 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”) to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and,
WHEREAS, Koppel & Gruber Public Finance, the Assessment Engineer selected by the City Council has prepared and filed with the City Clerk and the City Clerk has presented to the City Council the Engineer’s Report entitled “City of Woodland Gateway Landscaping and Lighting District Fiscal Year 2022/2023 Engineer’s Report” (the “Report”), in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023, to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and,
WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on July 5, 2022, regarding the levy and collection of assessments as described in the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act and in accordance with the provisions of the California Constitution Article XIIID.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE

CITY COUNCIL OF THE CITY OF WOODLAND, THE LEGISLATIVE BODY FOR SAID DISTRICT, AS FOLLOWS:

Section 1 The preceding recitals are true and correct.

Section 2 Following notice duly given, the City Council has held a full and fair public hearing regarding the levy and collection of the assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters.

Section 3 The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting, storm drainage and appurtenant facilities located within public places in the District.

Section 4 The City Council has carefully reviewed and examined the Report in connection with the District, and the levy and collection of assessments. Based upon its review the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, hereby finds that the City Council determines that:
a. The territory of land within District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting, drainage and appurtenant facilities and improvements related thereto. b. The District includes all of the lands so benefited; and c. The amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits, to be received by each parcel from the improvements and services, and is satisfied that the assessments are levied, without regard to property valuation.

Section 5 The Report and Fiscal Year 2022/2023 assessments, as presented to the City Council and on file in the office of the City Clerk, are hereby confirmed as filed.

Section 6 The City Council hereby orders the proposed improvements to be made; the improvements are briefly described as the operation, administration, maintenance and servicing of all public landscaping and lighting improvements, storm drainage and appurtenant facilities and expenses associated with the District, and that will be maintained by the City of Woodland or their designee and all such maintenance, operation and servicing of the landscaping and lighting, drainage and all appurtenant facilities shall be performed pursuant to the Act. A more complete description of the improvements is detailed in the Report and by reference this document is made part of this resolution.

Section 7 The Yolo County Auditor shall place on the County Tax Roll, opposite each parcel of land, the amount of levy so apportioned by the method of apportionment formula, outlined in the Engineer’s Report, and such levies shall be collected at the same time and in the same manner as county taxes are collected pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the assessments, after deduction of any compensation due the county for collection, shall be paid to the City Treasurer.

Section 8 The Finance Officer, shall deposit all money from the assessments collected by the County for the District into a fund for the Gateway Landscaping and Lighting District, and such money shall be expended to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto described above.

Section 9 The adoption of this Resolution constitutes the Authorization of the District levy for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

Section 10 The City Clerk’s designee, Koppel & Gruber Public Finance, is hereby authorized and directed to file the levy with the Yolo County Auditor subsequent to the adoption of this Resolution.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

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Gateway L&L District
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 19, 2022
ITEM #: J.20
SUBJECT: Public Hearing and Approval of Fiscal Year 2021/22 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
Recommendation for Action: Staff recommends that the City Council take the following actions:
1) Hold a public hearing to receive community input on the Fiscal Year (FY) 2021/22 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER); and 2) Adopt Resolution No. _____, approving the FY 2021/22 CDBG CAPER in substantially the same form presented to Council and incorporating financial reports completed through the Federal Integrated and Disbursement System on the expenditure of CDBG funds during FY 2021/22 and public comments received at tonight's public hearing and direct staff to submit the CAPER to the U.S. Department of Housing and Urban Development.

Staff Contact:

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

There is no fiscal impact.

Report in Brief:

Each year the City’s Community Development Block Grant Program (CDBG) is required to submit the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD). The CAPER is a mandated report for all CDBG grantees and summarizes the City of Woodland’s progress towards meeting its community development needs and objectives in one program year.

Background:

The City’s community needs and objectives are outlined in its Consolidated Plan, also known as the Strategic Plan; the current five-year plan covers the period from July 1, 2020 – June 30, 2024. The Consolidated Plan is an additional document required by HUD, which coordinates all elements of community development, housing, neighborhood development, and economic development planning into a single plan and vision of activities and strategies to be undertaken during a three- to five-year time period. The programs and activities budgeted each year to meet these community development goals are outlined in the City’s Annual Action Plan for the CDBG program, as approved by the City Council each spring. The CAPER is completed following each program year as a financial summary and a narrative of the accomplishments of the prior CDBG fiscal year’s Annual Action Plan.

The contents of the CAPER are summarized below:

Summary of Resources:

The CAPER contains a summary of the financial resources that the City has at its disposal to address identified community needs and objectives. The CDBG, the Federal Continuum of Care Program, City General Fund, and other housing grant funds and programs are all among the sources utilized by the City to accomplish the stated goals of the Consolidated Plan.

Narrative Assessment of Strategic Plan Goals and Objectives:

An assessment of the City’s effort to address its community development needs and objectives is provided in the CAPER, with particular focus given to the areas of affordable housing, fair housing, and homeless services. One purpose of the CAPER is to allow jurisdictions the opportunity to self-evaluate the effectiveness of policies, programs, and activities utilized to achieve Consolidated Plan goals.

Program Activity Financial Summary Reports:

HUD requires that certain program activity and financial summary reports be submitted with the CAPER. These reports outline the City’s expenditures and accomplishments for individual projects and programs, allowing HUD to compile and maintain necessary data regarding its grant programs. The reports will be run and added to the CAPER prior to its submittal to HUD in order to reflect a CDBG draw down of funds that typically occurs just before submittal of the CAPER.

Discussion:

The following information provides an overview of CDBG-funded activities and related actions during FY 2021/22 and the status of prior year CDBG-funded activities.

Construction:

FY 2021/22 Allocations
 City of Woodland Library ADA Restrooms Upgrade – Construction of ADA improvements to the two public restrooms will be completed prior to the end of calendar year 2022. FY2021/22 funding was combined with FY 2019/20 funds and on June 5, 2022, the City Council approved a FY2021/22 Action Plan amendment to provide additional CDBG funds from program income (repaid CDBG loans) for the ADA Restrooms Upgrade.
 City of Woodland ADA Accessibility Project – Construction will start in summer 2022 and will be completed in October/November 2022. Up to twelve ADA-compliant curb ramps will be installed.  New Hope Community Development Corporation Cottonwood Meadows Phase S-2 – New Hope will combine Phase S-2 with Phase S-1 (FY2020/21 funding allocation) and complete the construction by the first quarter of 2023.
 CommuniCare Health Centers Garden & Outdoor Classroom – CommuniCare installed a 600 square foot outdoor classroom in 2022 to host regular group education and therapy activities. CommuniCare used CDBG funds to purchase materials for the classroom, including benches and signage.  Friends of the Mission Affordable Housing Security Gates – Friends of the Mission expects to complete the project, the installation of a security gate for a seven-unit apartment complex that provides affordable housing for formerly homeless families/individuals, by the first quarter of 2023.

FY 2020/21 Allocations
 New Hope Community Development Corporation Cottonwood Meadows Phase S-1 Rehabilitation – Please see the update for Phase S-2 (FY 2021/22 funding allocation).  City of Woodland ADA Accessibility Project – The installation of 21 sidewalk ramps was completed in October 2021. FY2020/21 funding was combined with FY 2021/22 funds.  Friends of the Mission 925 North Street Water Heater Efficiency – The seven-unit apartment complex provides affordable housing for formerly homeless families and individuals. Tankless water heaters will be installed by the end of calendar year 2022 to replace existing non-tankless units with the energy efficiency rating increasing from 59 to 97 percent.
 Friends of the Mission Walter’s House Water Heater Efficiency –Walter’s House is a 44-bed transitional housing/treatment program for single women and men. Tankless water heaters will be

installed by the end of calendar year 2022 to replace existing non-tankless units with the energy efficiency rating increasing from 59 to 97 percent.

FY 2019/20 Allocations
 City of Woodland Library ADA Restrooms Upgrades – Please see the update for FY 2021/22.  City of Woodland ADA Accessibility Program – Please see the update for FY 2020/21.

FY 2018/19 Allocations
 Yolo Community Care Continuum Safe Harbor Rehabilitation – The rehabilitation work was completed in October 2021. This program prevents very low income individuals with a mental illness from becoming homeless and reduces the number of individuals requiring hospitalization.

Public Services
A total of 79% of the CDBG public service funds were used for food and shelter programs during FY 2021/22:

Meals on Wheels (home delivered meals to senior citizens), Yolo Community Care Continuum (supportive housing for adults with mental illness), Yolo Wayfarer Center (emergency shelter), Empower Yolo (emergency shelter for victims of domestic violence), Yolo Food Bank (food), Short Term Emergency Aid Committee (eviction prevention), and Yolo County Children’s Alliance (MediCal and CalFresh enrollment/retention). Other CDBG-funded public service subrecipients include Legal Services (fair housing services) and Northern California Children’s Therapy Center (health care access for special needs children). Legal Services also holds an annual fair housing conference and the City co-sponsors the event, covers a portion of the refreshment costs when the conference is held in-person, and helps publicize the conference. The 2022 conference was held virtually because of the COVID-19 pandemic.

CDBG-CV3 (Federal CARES Act)
Woodland’s CDBG-CV3 allocation of $422,821 was allocated for the following activities.

City of Woodland Utility Assistance Program
A total of 253 lower income households with 863 household members received up to six consecutive months of utility assistance with the total assistance not exceeding $480 per household. The City experienced an increase in the number of delinquent utility accounts and exhausted funding budgeted for an existing utility assistance program before the end of the summer of 2021. CDBG-CV3 funds allowed the City to extend the utility assistance program in order to help additional households impacted by the pandemic.

Yolo Community Care Continuum COVID-19 Compliance & Service Enhancements CDBG-CV3 funds will be used to address licensing and California OSHA (Division of Occupational Safety and Health) regulations which have changed significantly since the pandemic and affected YCCC’s programs (permanent supportive housing, transitional housing, and respite care for adults with mental illness), implement an electronic health care record system, and acquire safety materials and equipment in order to have the sanitizing and virus protection resources necessary when future health events occur. YCCC expects to complete the project during FY2022/23.

Empower Yolo Resource Center Services
EY used CV3 funds to assist 1,202 individuals with basic needs such as clothing, diapers, and personal hygiene items. CDBG-CV3 funds allowed Empower Yolo to continue to offer assistance to the most vulnerable in the community, especially the elderly, unemployed, and homeless, who have been impacted by the pandemic.

Yolo County Children’s Alliance Woodland Covid 19 Resource Connection YCCA used CY3 funds to assist Woodland residents impacted by the pandemic by connecting them to resources and information they need. This includes connecting newly eligible households to MediCal and CalFresh benefits, California’s Covid19 Rent Relief Program, Emergency Broadband Benefit program, and other resources. YCCA works closely with Stanford Sierra’s Community Based Mental Health Services in Woodland and receives referrals from Stanford Sierra, which has noted an increase in families needing to connect to additional family support services beyond mental health services. YCCA assisted these families by connecting them to health insurance, food, housing support, and other family-supporting services.

CommuniCare Health Centers Food is Medicine: Provide Food Access and Education in the Clinical Context CommuniCare used CV3 funds to expand the Food Education Coordinator assigned to the CommuniCare Food Programs to a 0.8 full-time equivalent employment through and enabled the organization to engage more lowand very low-income patients in direct food education activities in Woodland. Participants are equipped to grow, prepare, and preserve fruits and vegetables, three skills that decrease household food insecurity and result in healthier diets. Food education was offered in a multi-class series that brings people together and reduces social isolation.

Yolo Wayfarer Center DBA Fourth and Hope Behavioral Health Program, Case Management Fourth and Hope used CV3 funds to support a Behavioral Health Program Manager position to respond to the increased need for behavioral health services and support resulting from the pandemic. Fourth and Hope operates an emergency shelter, transitional housing, and permanent supportive housing and the participants in the programs have experienced added stress and mental health challenges, which has impacted their ability to transition into or maintain permanent housing. The clinician provided direct access to behavioral health supports that have been difficult to access during the pandemic.

Yolo Food Bank, Nurture Woodland An Equitable, Sustainable Local Food System for the Health and Wellness of All Woodland Residents
YFB used CV3 funds to help meet the pandemic-driven food security needs that have dramatically affected the amount of food required to be collected, stored, and distributed to food insecure members of the Woodland community.

USE OF NON-CDBG FUNDS
Not all of the efforts at addressing the City’s community needs and objectives during FY 2021/22 were funded through the CDBG program. A summary of these efforts is provided below and has been included in the CAPER.
 Use of City Hall Annex – The City leased the annex to the Woodland Opera House at a cost of $1 for youth theatre/dance programs.
 Youth Camperships for Summer Programs – Camperships were available for income-qualified families of youth participants of Swim Lessons, Summertime Fun Club, Summer Teen Pack, and Lifeguard Training.
 Homeless Coordinator – The homeless engages homeless residents, provides referrals for services, and collaborates closely with social service agencies and Yolo County to coordinate services and housing options whenever possible.
 Countywide Homeless Coordination Project – The City partnered with Yolo County/other cities to support the emergency shelter during the winter and Yolo County Homeless Coordinator position.  Woodland Promise Program – The City entered into an agreement with Woodland Community College (WCC) in March 2021 to launch the Woodland Promise Program. The program provides financial resources to help Woodland students who might not otherwise be able to afford a college education. Of the students who applied for the first year of the program, 20 students were found eligible and all students enrolled at WCC.

 After School Teen Pack Program – Operated by the City, the program takes place at the Douglass and Lee Middle Schools during the school year, Monday-Thursday, immediately after school until 5 p.m. Designed for drop-in visits by students to participate any time after school, the program provides supervised activities.
 East Beamer Way Permanent Supportive Housing Project – The phase two infrastructure work for the PSH and treatment facility sites was completed in 2022 and the State awarded the City and coapplicant Friends of the Mission a $15,770,467 Homekey grant in March 2022 for the PSH project. Homekey funds will allow Friends of the Mission to complete the purchase/installation of the housing units; purchase/install a 2,500 square foot community center with offices, conference space, gathering area, and a medical examination room; and receive a three-year operating subsidy. Installation of the housing units started in June 2022 and all of the units are expected to be installed and largely occupied by November 2022. In June 2022, Friends of the Mission was notified that it had been awarded conditionally a $12,500,000 state grant (Behavioral Health Continuum Infrastructure Program) for construction of the new treatment facility.

Timeliness Ratio, Submittal of CAPER
HUD each year reviews the timeliness ratio (expenditure of CDBG funds) for CDBG grantees. A grantee cannot have a balance (ratio) it its line of credit that exceeds 1.5 times its annual entitlement grant and available program income (repaid CDBG loans). The City’s timeliness ratio was 1.47 when HUD reviewed it in May of this year.

Public Outreach/Citizen Participation
Public outreach/citizen participation efforts for the CAPER included (1) noticing tonight’s public hearing and a 15-day public comment period for the CAPER in the June 24, 2022 edition of the Woodland Daily Democrat, (2) posting the CAPER on the City’s website, and (3) holding tonight’s public hearing. City staff will update the City Council at tonight’s meeting on any public comments received.

Conclusion:

Staff recommends that the City Council take the following actions:

1. Hold a public hearing to receive public comment on the FY(FY) 2021/22 Community Development Block Grant Consolidated Annual Performance and Evaluation Report; and

2. Adopt Resolution No. _____, approving the FY 2021/22 CDBG CAPER in substantially the same form presented to Council and incorporating the financial reports completed through the Federal Integrated and Disbursement System on the expenditure of CDBG funds during FY 2021/22 and public comments received at tonight’s public hearing and directs staff to submit the CAPER to U.S. Department of Housing and Urban Development.

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

Attachments:

1. CC Reso July 19, 2022

2. CAPER

3. IDIS Reports

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
APPROVING THE FISCAL YEAR 2021/22 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
WHEREAS, the City is required to submit its CDBG CAPER to the U.S. Department of Housing and Urban Development (HUD) each year to summarize the City’s progress towards meeting it community development needs and objectives in one program year.

NOW THEREFORE, BE IT RESOLVED, as follows:

The City Council does hereby approve the City’s FY2021/22 CDBG CAPER in substantially the same form presented to Council and incorporating the financial reports completed through the Federal Integrated and Disbursement System on the expenditure of CDBG funds during FY 2021/22 and public comments received at tonight’s public hearing and directs staff to submit the CAPER to HUD.

PASSED, APPROVED AND ADOPTED this 19th of July 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

Ana Gonzalez, City Clerk Ethan Walsh, City Attorney

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 19, 2022
ITEM #: J.21
SUBJECT: Public Hearing on the Fiscal Year 2022/23 Community Development Block Grant Annual Action Plan and Authorization for Submittal of 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 Fiscal Year (FY) 2022/23 Community Development Block Grant (CDBG) Action Plan (Attachment A);

2. Adopt Resolution No. _____, to approve the Fiscal Year FY 2022/23 CDBG Action Plan with the funding allocations as recommended by the CDBG Review Panel and City staff (Attachment B);

3. Direct staff to complete the FY 2022/23 Action Plan, as well as any other related documents required by the U.S. Department of Housing and Urban Development (HUD), incorporating the adopted funding allocations along with any public input received during the public comment period;

4. Direct staff to forward the completed FY 2022/23 Action Plan once completed;

5. Authorize the City Manager to execute any agreements, contracts or related/required documents with the appropriate entities to carry out the CDBG funded activities; and

6. Authorize the Finance Officer to make the budget allocations as specified.

Staff Contact:

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

The FY 2022/23 allocation for Administration is $88,828 and helps offset the General Fund expenditure for the administration of the CDBG program. In addition, the CDBG allocation recommended for the Engineering Division’s ADA Accessibility Project (ADA compliant curb ramps, sidewalks, and driveways) relieves the General Fund of an expense of $200,000.

Background:

As a CDBG entitlement recipient, the City receives an annual CDBG funding allocation from the U.S.

Department of Housing and Urban Development (HUD) and the funding must be used for activities that assist lower-income persons, eliminate conditions of slums and blight from the community, or meet an urgent need. For FY 2022/23, the City’s allocation is $444,144, a $63,000 decrease (or 12.42 percent) from the FY 2021/22 allocation of $507,144. Program Income funds of $88.94 (repayment of CDBG loans in FY 2021/22) and $7,778.19 in funds from prior years (funds remaining from completed construction activities) are available also for FY 2022/23. The total amount of CDBG resources available for FY 2022/23 is $452,011.13 (444,144 + 88.94 + 7,778.19 = 452,011.13). Attachment C details staff’s recommended FY 2022/23 funding allocations and the CDBG Review Panel’s recommendations. The Review Panel used a City staff estimate of $500,000 in CDBG funds available for FY 2022/23. Subsequent to the Review Panel’s convening, HUD released CDBG entitlement allocations and the City’s amount came in at $444,144. As a result, staff provided recommendations based on the lower funding amount while trying to stay as close as possible to the Review Panel’s recommended funding levels.

Discussion:

Under CDBG regulations, no more than 15 percent (or $66,621) of the City’s allocation and available program income (repaid CDBG loans) can be used for public services and no more than 20 percent (or $88,828) can be

used for administration. For infrastructure activities, $88.94 in program income (repaid CDBG loans), $7,778.19 in funds remaining from completed CDBG construction activities, and $288,695 in funds from the FY 2022/23 CDBG allocation are available. This provides for a total of $296,562.13 for FY 2022/23 infrastructure activities.

To assist the City with the review of CDBG applications and the preparation of funding recommendations, a three-person CDBG Review Panel is used. The Review Panel met on May 4, 2022 to recommend applications to fund and specific funding allocations. The panel was composed of three members: Rashid Ali (Parks and Recreation Commission), Marco Lizarraga (Planning Commission), and Carol Miller (Senior Programs volunteer). The City received five applications for infrastructure activities with a cumulative funding request of $456,738 and nine applications for public service activities with a cumulative funding request of $116,000.

The Review Panel evaluates the CDBG applications based on a rating and ranking system, which was last revised in 2015. The rating and ranking system is an objective system that scores the applications based on the following criteria: benefit to low and very low income persons; activity need and justification; reasonableness of cost estimates; activity management and timeliness; experience, past performance, and organizational capability; and project budget – evidence of sufficient funding.

Infrastructure Activities (Available CDBG Funds $296,562.13) – City staff/Review Panel recommended the following funding levels for the five applications submitted.

Applications Recommended and Funding Amounts:
 City of Woodland, ADA Accessibility Project – Staff $200,000/Review Panel $220,990  New Hope Community Development Corporation, Cottonwood Meadows Phase S-3 – Staff $47,552.13/Review Panel $55,0000
 Yolo Community Care Continuum, Haven House Interim Care Program – Staff $20,000/Review Panel $20,000
 CommuniCare Health Centers, Outdoor Classroom – Staff $9,850/Review Panel $9,850  Empower Yolo, Safe Space Project – Staff $19,160/Review Panel $19,160 Public Services (Available CDBG Funds $66,621) – City staff/Review Panel recommended the following funding levels for the nine applications submitted.

Applications Recommended and Funding Amounts:
 Northern California Children’s Therapy Center, Project Hope for Children – Staff $6,000/Review Panel $6,0000
 Legal Services of Northern California, Fair Housing Services – Staff $10,000/Review Panel $10,000  Short Term Emergency Aid Committee, Woodland Homeless Prevention Program – Staff $6,224/Review Panel $7,000
 Empower Yolo, Shelter Services – Staff $6,225/Review Panel $7,000  Yolo County Children’s Alliance, MediCal & CalFresh Enrollment & Retention – Staff $6,224/Review Panel $7,000
 Meals on Wheels Yolo County, Operation Accelerate – Staff $8,500/Review Panel $10,000  Yolo Community Care Continuum, New Dimensions Supported Housing – Staff $6,224/Review Panel $7,000
 Yolo Wayfarer Center DBA Fourth and Hope, Emergency Shelter Services – Staff $8,500/Review Panel $10,000

 Yolo Food Bank, Nurture Woodland – Staff $8,500/Review Panel $10,000 It should be noted that the City pursuant to a 2005 Voluntary Compliance Agreement and Conciliation Agreement is required to provide Legal Services with annual funding of at least $10,000 for fair housing services as long as the City receives CDBG funding.

Of the $66,621 allocated for public service programs, 75.6 percent has been recommended for food and shelter programs operated by the following subrecipients: Short Term Emergency Aid Committee, Empower Yolo, Yolo County Children’s Alliance, Meals on Wheels Yolo County, Yolo Community Care Continuum, Yolo Wayfarer Center, and Yolo Food Bank.

Public Outreach/Citizen Participation
Public Outreach/Citizen Participation efforts for the Action Plan included the following:
 Emailing a notice of funding availability (NOFA)/notice of public meeting-applicant workshop), applications for public service and construction activities, Woodland's rating and ranking system for CDBG applications, Community Development Needs Table for Woodland's 2020 - 2024 Consolidated Plan, and a copy of the CDBG funded activities for FY 2021/22 to current and previous CDBG subrecipients and other interested parties (approximately 20 nonprofits and public agencies that provide programs in Woodland and/or Yolo County);
 Emailing the information contained in #1 to the local continuum of care, nonprofit Yolo County Homeless and Poverty Action Coalition (more than 100 individuals from nonprofit service providers, government agencies, housing developers, and other organizations);  Publishing the notice of funding availability in the April 6, 2022 edition of the Daily Democrat;  Posting the NOFA and other attachments from the NOFA email on the City's website (https://www.cityofwoodland.org/597/Community-Development-Block-Grant);  Providing copies of the NOFA and application materials at City Hall (300 First Street - Community Development Department counter) and the Woodland Community and Senior Center (2001 East Street – Community Services Department counter);
 Holding a public meeting-applicant workshop on April 18, 2022 at the Woodland Community and Senior Center;
 Noticing the availability of the draft FY 2022/23 Action Plan and the City Council's June 21, 2022 public hearing on the Action Plan in the June 23, 2022 edition of the Daily Democrat in Spanish and English;
 Posting the draft FY 2022/23 Action Plan to the City's website (https://www.cityofwoodland.org/597/Community-Development-Block-Grant);  Emailing members of the local continuum of care, nonprofit Yolo County Homeless and Poverty Action Coalition (more than 100 individuals from nonprofit service providers, government agencies, housing developers, and other organizations) on the availability of the draft FY 2022/23 Action Plan and the City Council's July 19, 2022 public hearing on the Action Plan; and  Holding a public hearing at the July 19, 2022 City Council meeting to receive public comments and take final action on the Action Plan.

Public comments have not been submitted for the City’s CDBG program and the draft 2022/23 CDBG Action Plan as of July 12, 2022.

Conclusion:

Staff recommends that the City Council take the following actions.

1. Hold a public hearing to receive community input on the Fiscal Year (FY) 2022/23 Community Development Block Grant (CDBG) Action Plan (Attachment B);

2. Adopt Resolution No. _____, to approve the Fiscal Year FY 2022/23 CDBG Action Plan with the funding allocations as recommended by the CDBG Review Panel and City staff (Attachment A);

3. Direct staff to complete the FY 2022/23 Action Plan, as well as any other related documents required by the U.S. Department of Housing and Urban Development (HUD), incorporating the adopted funding allocations along with any public input received during the public comment period;

4. Direct staff to forward the completed FY 2022/23 Action Plan once completed;

5. Authorize the City Manager to execute any agreements, contracts or related/required documents with the appropriate entities to carry out the CDBG funded activities; and

6. Authorize the Finance Officer to make the budget allocations as specified.

These actions are consistent with the 2020-2024 CDBG Consolidated Plan goals to assist low and moderate income persons.

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

1. Attachment A - City Council Resolution

2. Attachment B - Draft 22-23 AP

3. Attachment C - FY 22-23 AP Funding Recs

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

TO HOLD A PUBLIC HEARING TO RECEIVE COMMUNITY INPUT
ON THE FISCAL YEAR 2022/23 COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) ACTION PLAN AND APPROVE THE ACTION PLAN
WHEREAS, the City of Woodland (“City”) annually receives an allocation of Community Development Block Grant (CDBG) Funds from the Department of Housing and Urban Development (HUD);
WHEREAS, as part of the program requirements, the City must submit the Annual Action Plan that describes how the funding will be spent for the following program year; and WHEREAS, the Annual Action Plan is required to be approved after receiving public input.

NOW, THEREFORE, BE IT RESOLVED, as follows:

Section 1: This City Council hereby finds and determines that the foregoing recitals are true and correct;
Section 2: This City Council hereby approves the FY 2022/23 CDBG Annual Action Plan with the following funding allocations as recommended by the CDBG Review Panel and City staff; Applicant Project Title Funding
Public Infrastructure Activities
City of Woodland ADA Accessibility Project $200,000
New Hope Community Development Corporation Cottonwood Meadows Phase S-3 $47,552.13 Yolo Community Care Continuum Haven House Interim Care Program $20,000 CommuniCare Health Centers Outdoor Classroom $9,850
Empower Yolo Safe Space Project $19,160
Public Service Activities
Northern California Children’s Therapy Center Project HOPE $6,000 Legal Services of Northern California Fair Housing Services $10,000 Short Term Emergency Aid Committee Woodland Homeless Prevention Program $6,000 Empower Yolo Shelter Services $6,185
Yolo County Children’s Alliance MediCal & CalFresh Enrollment/Retention $6,000 Meals on Wheels Yolo County Operation Accelerate $8,750 Yolo Community Care Continuum New Dimensions Supported Housing $6,186 Yolo Wayfarer Center Emergency Shelter Services $8,750
Yolo Food Bank Nurture Woodland $8,750
Note: Funding for Public Infrastructure Activities includes $7,778.19 in CDBG funds remaining from completed infrastructure activities and $88.94 in CDBG Program Income (repaid CDBG loans).

Section 3: This City Council hereby directs staff:
(a) To complete the FY 2022/23 Action Plan, as well as any other items required by the U.S. Department of Housing and Urban Development (HUD), incorporating the adopted funding allocations along with any public input received during the public comment period and incorporating changes to past projects as proposed by staff; (b) To forward the completed FY 2022/23 Action Plan to HUD once completed;
Section 4: This City Council hereby authorizes the City Manager to execute any agreements, contracts or other documents with the appropriate entities to carry out the CDBG Funded activities and authorizes the Finance Officer to make the budget allocations as specified; and Section 5: This Resolution shall take effect from and after the date of its passage and adoption.

PASSED, APPROVED AND ADOPTED this 19th day of July, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST: APPROVED AS TO FORM:

Ana Gonzalez, City Clerk Ethan Walsh, City Attorney

Annual Action Plan
2022
1 Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The Fiscal Year 2022/23 Annual Action Plan is a one-year plan to address the community development and low and moderate income housing needs in the City of Woodland. It is a portion of the implementation of the five-year Consolidated Plan and provides a detailed summary of how the City’s annual Community Development Block Grant (CDBG) entitlement and other funds will be spent in the third year of the City's 2020-2024 Consolidated Plan. Both the Consolidated Plan and the Action Plan are implemented by staff from the Community Services Department. The City will receive $444,144 during the program year and this will be combined with $88.94 in program income funds (repaid CDBG loans).

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The following information details the proposed activities for the 2022/23 Action Plan and their consistency with the high priority needs from the City's Consolidated Plan.

Proposed 2022/23 Action Plan Activities
Construction: ADA Accessibility Project (curb ramps), Cottonwood Meadows Siding Structural Dry-rot Improvements, Phase S-3 (housing rehabilitation), Haven House Interim Care Program, Outdoor Classroom (counseling services program), Safe Space Project (public facility improvements) address the high priority need of Public Facilities and Improvements (General, including Accessibility).

Public Services: New Dimensions Supported Housing, Woodland Homeless Prevention Program (rental assistance for low-income individuals and families at-risk of eviction), Home Delivered Meals Program (meals for low-income senior citizens and wellness checks), Emergency Shelter Services (100-bed shelter for homeless women and men), MediCal/CalFresh Enrollment/Retention, Shelter Services (shelter for victims of domestic violence, sexual assault, stalking, and human trafficking), and Nurture Woodland (food for food-insecure individuals and families) address the high priority need of Public Services (Other:

Emergency Food & Shelter). Project HOPE (health care access for special needs children through early intervention, socialization and an array of comprehensive multiple therapy programs) and Fair Housing Services address the high priority needs of Health Services and Fair Housing Activities, respectively.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

During the prior program year, the City's CDBG program supported the following activities.

Annual Action Plan
2022
2 Construction:
 City of Woodland, Library ADA Restrooms Upgrade - $40,000  City of Woodland, ADA Accessibility Project - $196,645  New Hope Community Development Corporation, Cottonwood Meadows Phase S-2 - $50,000  CommuniCare Health Centers, Garden & Outdoor Classroom - $8,000  Friends of the Mission, Affordable Housing Security Gates - $35,000 Public Services:
 Yolo Community Care Continuum, New Dimensions Supported Housing - $7,335  Short Term Emergency Aid Committee, Woodland Homeless Prevention Program - $6,000  Meals on Wheels Yolo County, Home Delivered Meals Program - $11,000  Yolo Wayfarer Center, Emergency Shelter Services - $11,000  Northern California Children’s Therapy Center, Project Hope for Children - $6,000  Legal Services of Northern California, Fair Housing Services - $10,000  Yolo County Children’s Alliance, MediCal & CalFresh Enrollment & Retention - $6,000  Empower Yolo, Shelter Services - $7,336
 Yolo Food Bank, Nurture Woodland - $11,000
Status of Construction Activities:
 Library ADA Restrooms Upgrade – Additional funds will be provided through a FY 2021/22 Action Plan Amendment and construction will start later this year.  ADA Accessibility Project – The project has been designed and construction will occur this summer.  Cottonwood Meadows Phase S-2 – New Hope Community Development Corporation is in the process of hiring an architect to design the improvements and construction will occur this year.  Garden & Outdoor Classroom – CommuniCare installed a shade structure for garden & outdoor classroom located at its Hansen Family Health Center.
 Affordable Housing Security Gates – The installation will be completed during calendar year 2022.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

Summary from citizen participation section of plan.

Outreach efforts for the Action Plan included (1) emailing a notice of funding availability (NOFA)/notice of public meeting-applicant workshop, applications for public service and construction activities, Woodland's rating and ranking system for CDBG applications, Community Development Needs Table for Woodland's 2020 - 2024 Consolidated Plan, and a copy of the CDBG funded activities for FY 2021/22 to current and previous CDBG subrecipients and other interested parties (approximately 20 nonprofits and public agencies that provide programs in Woodland and/or Yolo County); (2) emailing the information contained in #1 to the local continuum of care, nonprofit Homeless and Poverty Action Coalition; (3) publishing the notice of funding availability in the April 6, 2022 edition of the Daily Democrat; (4) posting the NOFA and other attachments from the NOFA email on the City's website (https://www.cityofwoodland.org/597/Community-Development-Block-Grant); (5) providing copies of the NOFA and application materials at City Hall (300 First Street - Community Development Department counter) and Woodland Community and Senior Center (2001 East Street – Community Services

Annual Action Plan
2022
3 Department counter); (6) holding a public meeting-applicant workshop on April 18, 2022 at the Woodland Community and Senior Center; (7) noticing the availability of the draft FY 2022/23 Action Plan and the City Council's June 21, 2022 public hearing on the Action Plan through a display ad in the June 23, 2022 edition of the Daily Democrat in Spanish and English; (8) posting the draft FY 2022/23 Action Plan to the City's website (https://www.cityofwoodland.org/597/Community-Development-BlockGrant); (9) emailing members of the local continuum of care (HPAC) on the availability of the draft FY 2022/23 Action Plan and the City Council's July 19, 2022 public hearing on the Action Plan; and (10) holding a public hearing at the July 19, 2022 City Council meeting to receive public comments and take final action on the Action Plan.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

Update after the July 19, 2022 City Council public hearing and the comment period closes for the Action Plan.

6. Summary of comments or views not accepted and the reasons for not accepting them Update after the July 19, 2022 City Council public hearing and the comment period closes for the Action Plan.

7. Summary
The City provided multiple opportunities for the community to provide public comments on the 2022/23 Action Plan and the CDBG program in general. Update after the July 19, 2022 City Council public hearing and the comment period closes for the Action Plan.

Annual Action Plan
2022
4 PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator Community Services Department
Table 1 – Responsible Agencies
Narrative (optional)
The lead agency that prepared the 2022/23 Action Plan was the City of Woodland's Community Services Department.

Consolidated Plan Public Contact Information
Dan Sokolow, Senior Planner
Community Services Department
City of Woodland
2001 East Street
Woodland, CA 95776
530.661.5927
[email protected]

Annual Action Plan
2022
5 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City of Woodland consults and partners with a number of nonprofit services providers, private sector entities, and government agencies on programs/projects that address the needs of low and moderate income individuals and families.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The City is a member of the local continuum of care, Homeless and Poverty Action Coalition (HPAC). HPAC is a nonprofit organization and serves as a local planning body that provides leadership and coordination on the issues of homelessness and poverty in Yolo County. In the last couple of years, HPAC has increasingly become involved in affordable housing issues as it has been responsible for allocating a number of federal and state grant funds in addition to Federal CoC Program funds. A City representative serves on HPAC's 15-member board of directors and the same individual administers the City's CDBG and affordable housing program and works on homeless-related issues. HPAC's board of directors includes representatives from service provider entities and government agencies. The City representative attends monthly meeting of HPAC's Governance Committee and Technical Subcommittee. Participation in HPAC provides ongoing opportunities to improve the coordination between public and assisted housing providers and private and governmental health, mental health and service agencies. Current members of HPAC include an individual with homeless lived experience, Yolo County Children's Alliance, Davis Opportunity Village, CommuniCare (nonprofit federally qualified health center), Legal Services of Northern California, Empower Yolo (shelter program for victims of domestic violence, sexual assault, stalking, and trafficking), Yolo Community Care Continuum (permanent support housing for mentally ill adults and respite program for homeless), Davis Community Meals and Housing, Yolo Wayfarer Center (shelter, permanent supportive housing, and treatment programs), Grace in Action (services for homeless and low income individuals), City of Davis, City of Woodland, City of West Sacramento, Yolo County, and Yolo County Housing (PHA for Yolo County).

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City is a member of the local continuum of care, Homeless and Poverty Action Coalition (HPAC). HPAC transitioned is a nonprofit organization serves as a local planning body that provides leadership and coordination on the issues of homelessness and poverty in Yolo County. In the last couple of years, HPAC has increasingly become involved in affordable housing issues as it has been responsible for allocating a number of federal and state grant funds in addition to Federal CoC Program funds. A City representative serves on HPAC's 15-member board of directors and the same individual administers the City's CDBG and affordable housing programs and works on homeless-related issues. HPAC's board of directors includes representatives from service provider entities and government agencies. The City representative attends monthly meeting of HPAC's Governance Committee and Technical Subcommittee. Participation in HPAC provides ongoing opportunities

Annual Action Plan
2022
6 to improve the coordination between public and assisted housing providers and private and governmental health, mental health and service agencies. Current members of HPAC include an individual with homeless lived experience, Yolo County Children's Alliance, Davis Opportunity Village, CommuniCare (nonprofit federally qualified health center), Legal Services of Northern California, Empower Yolo (shelter program for victims of domestic violence, sexual assault, stalking, and trafficking), Yolo Community Care Continuum (permanent support housing for mentally ill adults and respite program for homeless), Davis Community Meals and Housing, Yolo Wayfarer Center (shelter, permanent supportive housing, and treatment programs), Grace in Action (services for homeless and low income individuals), City of Davis, City of Woodland, City of West Sacramento, Yolo County, and Yolo County Housing (PHA for Yolo County).

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City is a board member of the local continuum of care, the nonprofit Homeless and Poverty Action Coalition (HPAC). HPAC serves as a local planning body that provides leadership and coordination on the issues of homelessness and poverty in Yolo County. HPAC is responsible for holding a local competition for the allocation of ESG funds. For performance standards, they are driven by the type of project undertaken by an ESG applicant. For a shelter project, for example, the grantee will be asked to report on the number of bed nights provided. Other reporting standards may include the number of individuals exited to permanent housing and whether individuals were provided with case management services and the results (obtain ID, increased income, etc.). Results based accountability will typically be used to assess outcomes: 1) how much did we do, 2) how well did we do it, and 3) is anyone better off.

For HMIS, HPAC has established a Data Subcommittee that oversees the development and implementation of data collection in the Homeless Management Information System in compliance with the most current HMIS data standards published by HUD. Tasks assigned to the Data Subcommittee include, but are not limited to the following.  Designate a single HMIS for Yolo County and designate an HMIS lead agency.  Review the HPAC HMIS Policies and Procedures and HMIS Training Handbook document at least once annually and revise, if appropriate. As needed throughout the year, the subcommittee will draft new policies and/or revisions to address policy and training needs encountered outside the annual review process.
 Develop, implement, and monitor compliance with HPAC's Data Security and Data Quality plans to ensure compliance with HUD requirements.
 Develop procedures and data collection and quality review plans related to the annual Housing Inventory Count (HIC) and Point-in-Time (PIT) count of sheltered individuals, the biannual Point-in-Time (PIT) count of unsheltered individuals.  Review and approve submission of HUD mandated data reports, such as: 1) Point-in-Time, 2) Housing Inventory Count, 3) System Performance Measures (SPM), and 4) Longitudinal Systems Analysis (LSA).  Monitor training needs of HMIS end-users in Yolo County and work with HMIS lead and HMIS Administrators to meet those needs.

Annual Action Plan
2022
7  The HMIS Lead and HMIS Administrator may present HMIS updates that affect system utilization by end-users at Data Subcommittee meetings.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Update after the July 19, 2022 City Council public hearing and the comment period closes for the Action Plan.

Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Yolo Wayfarer Center
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The City works extensively with the Yolo Wayfarer Center on the operation of their shelter, through the Federal Continuum of Care Program, and on other initiatives to improve the outcomes for vulnerable members of the community. For the program year, the City will be supporting operation of YWC's 100-bed shelter for women and men. The City homeless coordinator who is licensed mental health professional with 20 years of experience working in the mental health field has worked with the shelter’s staff with the overall goals of improving outcomes for clients and ensuring whenever possible that clients transition from the shelter into supportive environments. The homeless coordinator assists with the operations of the shelter by filling in gaps for transportation and case management of clients and providing encouragement/motivation to clients to improve their living situation. On occasion, the homeless coordinator will cover the cost of hard to obtain birth certificates, transport clients so they can obtain their California identification cards, and provide other support.

Annual Action Plan
2022
8 2 Agency/Group/Organization Yolo County Health and Human Services Agency Agency/Group/Organization Type Services-homeless
Services-Health
Services-Employment
Other government - County
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Yolo County has been one of the key partners for development of the East Beamer Way Campus on City-owned land. Yolo County provided financial support for the construction of the 100-bed homeless shelter that was completed in December 2020 and opened in early January 2021 and has committed funds for 61-unit permanent supportive housing project that will be constructed directly north of the shelter. Yolo County has assigned a case manager to work at the shelter for approximately 3.5 days each week with clients who have medical and mental health issues.

Identify any Agency Types not consulted and provide rationale for not consulting

Annual Action Plan
2022
9 Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care
Homeless and
Poverty Action
Coalition (HPAC)
The City is a member of the local continuum of care, Homeless and Poverty Action Coalition (HPAC). HPAC transitioned to a nonprofit organization in early 2021 and serves as a local planning body that provides leadership and coordination on the issues of homelessness and poverty in Yolo County. In the last couple of years, HPAC has increasingly become involved in affordable housing issues as it has been responsible for allocating a number of federal and state grant funds separate in addition to Federal CoC Program funds. A City representative serves on HPAC's 15-member board of directors and this individual also administers the City's CDBG program and works on affordable housing issues, programs, and projects. HPAC's board of directors includes representatives from service provider entities and government agencies. The City representative attends monthly meeting of HPAC's Governance Committee and Technical Subcommittee. Participation in HPAC provides ongoing opportunities to improve the coordination between public and assisted housing providers and private and governmental health, mental health and service agencies. While not funded with CDBG funds, the 61-unit permanent supportive housing project being developed by staff by the non-profit Friends of the Mission with assistance from the City and constructed on City-owned land with grant assistance from the City is consistent with HPAC goals that include providing the homeless with permanent housing and the services to support them in housing. The PSH project is expected to be completed and occupied in November 2022.

City of Woodland
Housing Element
for 2021-2029
City of Woodland
The following Strategic Plan goals overlap with goals of the City's Housing Element: Fair Housing Services - The City will fund the Fair Housing Hotline Project operated by Legal Services of Northern California (LSNC). The project provides free information and advice on fair housing issues, case intake and compliant processing, and investigation of alleged fair housing violations. The project also includes an annual fair housing conference in April that is open to landlords and tenants. Affordable Housing Monitoring - City staff will conduct annual affordable housing monitoring for affordable rental units and owner-occupied affordable units. At least 500 housing units will be monitored each year. Rehabilitation, Multi-Unit Residential - The City shall support the rehabilitation of at least 60 residential units during the Consolidated Plan period. Multi/Single Family Affordable Units Construction - The City will provide funding to support the construction of 136 affordable rental units during the period of the Consolidated Plan including units for special needs populations.

Table 3 – Other local / regional / federal planning efforts

Annual Action Plan
2022
10 Narrative (optional)
The City provided multiple opportunities for nonprofit service providers, the private sector, and government agencies to provide input on the City's 2022/23 Action Plan and the CDBG program in general. These efforts included the City's monthly participation as a board member of the local continuum of care (Homeless and Poverty Action Coalition or HPAC) and participate in monthly meetings of HPAC’s Technical Subcommittee.

Annual Action Plan
2022
11 AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The citizen participation process/efforts included the following: (1) emailing a notice of funding availability (NOFA)/notice of public meetingapplicant workshop, applications for public service and construction activities, Woodland's rating and ranking system for CDBG applications, Community Development Needs Table for Woodland's 2020 - 2024 Consolidated Plan, and a copy of the CDBG funded activities for FY 2021/22 to current and previous CDBG subrecipients and other interested parties (approximately 20 nonprofits and public agencies that provide programs in Woodland and/or Yolo County); (2) emailing the information contained in #1 to the local continuum of care, nonprofit Homeless and Poverty Action Coalition; (3) publishing the notice of funding availability in the April 6, 2022 edition of the Daily Democrat; (4) posting the NOFA and other attachments from the NOFA email on the City's website (https://www.cityofwoodland.org/597/Community-DevelopmentBlock-Grant); (5) providing copies of the NOFA and application materials at City Hall (300 First Street - Community Development Department counter) and Woodland Community and Senior Center (2001 East Street – Community Services Department counter); (6) holding a public meeting-applicant workshop on April 18, 2022 at the Woodland Community and Senior Center; (7) noticing the availability of the draft FY 2022/23 Action Plan and the City Council's June 21, 2022 public hearing on the Action Plan through a display ad in the June 23, 2022 edition of the Daily Democrat in Spanish and English; (8) posting the draft FY 2022/23 Action Plan to the City's website (https://www.cityofwoodland.org/597/Community-Development-Block-Grant); (9) emailing members of the local continuum of care (HPAC) on the availability of the draft FY 2022/23 Action Plan and the City Council's July 19, 2022 public hearing on the Action Plan; and (10) holding a public hearing at the July 19, 2022 City Council meeting to receive public comments and take final action on the Action Plan.

Annual Action Plan
2022
12 Citizen Participation Outreach
Sort Or
der
Mode of Outr
each
Target of Outr
each
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
1 Internet
Outreach
Nontargeted/broa
d community
A notice of
funding
availability
(NOFA)/notice
of public
meetingapplicant
workshop was
emailed to
current CDBG
subrecipients
and other
interested
parties. The
same
information was
also emailed to
the local
continuum of
care's email list.

Prospective
applicants
asked
questions
about the
funding
available, but
did not provide
comments on
the City's
CDBG
program.

The City did not
decline
comments.

Annual Action Plan
2022
13 Sort Or
der
Mode of Outr
each
Target of Outr
each
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
2 Newspaper
Ad
Nontargeted/broa
d community
The notice of
funding
availability
(NOFA)/notice
public meetingapplicant
workshop was
published in the

MONTH DAY,
2022 edition of
the Woodland
Daily Democrat.

Comments
were not
submitted in
response to
the newspaper
advertisement.

The City did not
decline
comments.

Annual Action Plan
2022
14 3 Posting on
City's website
Nontargeted/broa
d community
The notice of
funding
availability
(NOFA)/notice
of public
meetingapplicant
workshop,
applications for
public service
and
construction
activities,
Woodland's
rating and
ranking system
for CDBG
applications, the
Community
Development
Needs Table for
Woodland's
2020-2024
Consolidated
Plan, and a copy
of a table with
the CBDGfunded activities
for 2021/22
were posted to
the City's
website.

Comments
were not
submitted in
response to
the website
posting.

The City did not
decline
comments.
https://www.cityofwoodland.org/597/
Community-Development-Block-Grant