Agenda packet — Woodland City Council, August 15, 2023 (part 2 of 3)

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6.2.3 Workers’ Compensation. Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

6.2.4 Professional Liability. Professional Liability insurance for errors and omissions with minimum limits of $1,000,000. Covered Professional Services shall specifically include all work to be performed under the Agreement.

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

6.3 Endorsements.

6.3.1 The policy or policies of insurance required by Sections 6.2.1 Commercial General Liability and 6.2.2 Automobile Liability shall be endorsed to provide the following:

6.3.1.1 Additional Insured. The indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement.

6.3.1.2 Primary Insurance and Non-Contributing Insurance. This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance.

6.3.1.3 Severability. In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.

6.3.1.4 Cancellation. The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.

6.3.1.5 Duties. Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.

6.3.1.6 Applicability. That the coverage provided therein shall apply to the obligations assumed by the Consultant under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.

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6.3.2 The policy or policies of insurance required by Section 6.2.3 Workers’ Compensation shall be endorsed, as follows:

6.3.2.1 Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.

6.3.2.2 Cancellation. The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.

6.3.3 The policy or policies of insurance required by Section 6.2.4 Professional Liability shall be endorsed, as follows:

6.3.3.1 Cancellation. The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.

6.4 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

6.5 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

6.6 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time if the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

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6.7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

6.8 Insurance for Subconsultants. All subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subconsultant’s policies.

7. OWNERSHIP OF MATERIALS AND CONFIDENTIALITY.

7.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of four (4) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

7.1.1 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

7.1.2 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project

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9 | P a g e City of Woodland, Building Plan Check – Liability Accounts other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant, or for the use of Documents & Data on any other project by City.

7.1.3 Electronic Copies. Consultant shall provide electronic copies of the finished products in the original software format at the conclusion of the respective phases of work.

Complex documents such as reports that utilize more than one type of software shall also be provided in a common format such as Adobe Acrobat (*.pdf). Files of construction drawings shall be provided in a current version of AutoCAD.

7.2 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant.

All Documents & Data shall not, without the prior written consent of City or except pursuant to court order, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project.

Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

7.3 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

8. ACCOUNTING RECORDS.

8.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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9. SUBCONTRACTING.

9.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

10. TERMINATION OF AGREEMENT.

10.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

10.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

10.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

11. GENERAL PROVISIONS

11.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

City:

CITY OF WOODLAND
300 First Street
Woodland, CA 95695
Attn: Joel Luevano, Chief Building Official
Consultant:

Interwest Consulting Group, Inc.
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
Attn: Maria Haro-Sullivan

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11 | P a g e City of Woodland, Building Plan Check – Liability Accounts Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

11.2 Indemnification.

11.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

11.2.2 Additional Indemnity Obligations. Consultant shall defend, with Counsel of City's choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 11.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

11.3 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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11.3.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 11.3 or any of its sub- sections.

11.3.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 11.3.1.

11.3.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 11.3.1 or 11.3.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 11.3.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

11.3.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Yolo-Solano Air Quality Management District (YSAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by YSAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

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11.4 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

11.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

11.6 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

11.7 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

11.8 Assignment or Transfer. Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

11.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

11.10 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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11.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

11.12 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

11.13 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Yolo County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

11.14 Time of Essence. Time is of the essence for each and every provision of this Agreement.

11.15 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

11.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

11.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

11.18 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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11.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

11.20 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

11.21 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. [SIGNATURES ON NEXT PAGE]

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16 | P a g e City of Woodland, Building Plan Check – Liability Accounts IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

CITY OF WOODLAND INTERWEST CONSULTING GROUP, INC
By: ___________________________ By: ___________________________ Ken Hiatt Paul Meschino, President
City Manager
Attest:

By: ___________________________
Ana Gonzalez
City Clerk

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17 | P a g e City of Woodland, Building Plan Check – Liability Accounts EXHIBIT “A”

SCOPE OF SERVICES

PLAN REVIEW SERVICES
Plan review of residential, commercial and industrial buildings and structures of compliance with the most recently (currently 2022) adopted version of the California Building Code, California Mechanical Code Chapter 6 and 9, California Plumbing Code, California Electrical Code. The City of Woodland Municipal Code, Accessibility, California Energy Efficiency Standards as mandated by State Title 24, Green Building Standards.

Structural design compliance review with the submitted Geotechnical Report findings and recommendations (if approved by the Building Official) and Ground Motion Hazard Analysis findings and recommendations for design and construction.

All plan review will comply with the City’s directives, codes and policies. Plan check may include review of any or all of the following design elements as determined by the City:

Architectural and life-safety; Structural; Electrical; Plumbing; Mechanical; Energy Conservation Regulations (Title 24); Disabled Access Regulations; Green Building Standards and LEED certification; Flood Zone compliance review; and OSHPD 3.

PLAN DELIVERY
Consultant will arrange for pick-up and delivery of all plan review documents at no additional cost to the City. Consultant’s Roseville office will make arrangements for pick-up and delivery with their shipping vendor and provide bags and shipping labels for the City’s use. Pick up, delivery and approval of documents are included in the specified turn-around times.

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18 | P a g e City of Woodland, Building Plan Check – Liability Accounts EXHIBIT “B”

SCHEDULE OF SERVICES
Consultant shall perform Plan Checking and Building Inspection Services on an as-needed basis and pursuant to any reasonable schedule established by the City’s Representative; provided, however, that at a minimum, the Turn-Around Schedule as provided here:

PLAN REVIEW TURNAROUND SCHEDULE
Type of Project Turn Around Times
for Initial Review
Turn Around Times for
Subsequent Reviews
Residential:

New Construction 15 Working Days 10 Working Days
Addition 15 Working Days 10 Working Days
Remodel 15 Working Days 10 Working Days
Commercial/Industrial:

New Construction 15 Working Days 10 Working Days
Addition 15 Working Days 10 Working Days
Remodel/Tenant Improvement 15 Working Days 10 Working Days

EXPEDITED PLAN REVIEW TURNAROUND SCHEDULE
Type of Project Turn Around Time
First Check
Turn Around Time
Recheck
Residential: EXPEDITED PLAN CHECK
New Construction 10 Working Days 5 Working Days
Addition 10 Working Days 5 Working Days
Remodel 10 Working Days 5 Working Days
Commercial/Industrial: EXPEDITED PLAN CHECK
New Construction* 10 Working Days 5 Working Days
Addition 10 Working Days 5 Working Days
Remodel/Tenant Improvement 10 Working Days 5 Working Days *For large commercial/industrial projects where the valuations exceed $5 million, expedited plan review schedules will be negotiated on a case-by-case basis.

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19 | P a g e City of Woodland, Building Plan Check – Liability Accounts EXHIBIT “C”

COMPENSATION

FEE STRUCTURE FOR PLAN CHECK
For complete plan review services for projects reviewed in our offices, Consultant fee will be 70% of the plan review fees based on the City of Woodland ‘s adopted fee schedule. Plan review services will include an initial first review and two back check reviews of the plans. Any additional plan review services required beyond the third review will be billed at our hourly rates listed within the Schedule of Hourly Billing shown below.

For partial reviews such as structural only, foundation only, mechanical only, electrical only, etc., or any combination of partial reviews, Consultant may negotiate a mutually agreeable fixed fee based on the specific services requested, or provide services on an hourly basis using the rates listed as shown below.

EXPEDITED PLAN REVIEW SERVICES FEES
Interwest Consulting Group can provide expedited or fast-track plan review services based on the availability of staff. Fees for expedited plan reviews will be charged at a rate of 1.5 time the rate specified for typical plan reviews as noted above. For larger complex projects where the valuation exceeds $5 million, expedited plan review will be negotiated on a case-by case basis. Time frames for performance of expedited or fast-track plan review services will be as shown in the Schedule of Services.

FREE PICK UP & DELIVERY
There is no charge for courier or shipping services.
[CONTINUE EXHIBIT “C” ON NEXT PAGE]

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20 | P a g e City of Woodland, Building Plan Check – Liability Accounts EXHIBIT “C”

COMPENSATION

FEE STRUCTURE FOR PERSONNEL
In-house plan review services, building official, permit technician, inspection service can be provided at the hourly rates listed in the Consultant’s Schedule of Hourly Billing Rates shown below.

Personnel All Inclusive Hourly Rates Additional Fees, Hourly Minimums, etc.

Certified Building Official $150 Four hour min. for in-house services Licensed Engineer Plans Examiner $145 Four hour min. for in-house services Senior Certified Plans Examiner $130 Four hour min. for in-house services CASp Specialist $120 Four hour min. for in-house services In-House Permit Technician $75 Four hour min. for in-house services Inspector III* $105 Four hour min. for in-house services Inspector II* $95 Four hour min. for in-house services
Inspector I* $85 Four hour min. for in-house services
*Mileage charged at current IRS rate while providing inspections

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: August 15, 2023
ITEM #: J.17
SUBJECT: 2023 Road Maintenance Project, CIP 23-01

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, rescinding the construction contract for the 2023 Road Maintenance Project, CIP 23-01.

Staff Contact:

Diana Ayón, Senior Associate Civil Engineer, (530) 661-5967, [email protected]

Fiscal Impact:

The above-mentioned project is identified in the current City of Woodland (“City”) Capital Budget as CIP 23-01 with a project budget of $1,163,976. The project funding is comprised of $1,100,000 in Measure F funding, and $63,976 in Water Enterprise Funds, used to fund improvements associated with water utility conflicts. This project funding is consistent with the current approved Capital Budget and the Measure F Spending Plan.

The project budget includes the costs for design, project management, construction management, inspection, construction, and contingency.

Background:

In November 2016, Woodland voters approved Measure F, which extended the ½ cent supplemental sales tax. The 12-year approval of Measure F, a general tax, includes funding for general city services such as street maintenance. Measure F funding will be utilized to complete this project. Staff maintains a pavement management program that tracks pavement conditions and aims to address pavement maintenance on local streets with the Measure F funds.

This project includes grinding & overlaying the top two inches of pavement and constructing some ADA-compliant curb ramps on the following corridor:
• Base Bid: College Street (Topaz Way to Beamer Street) • Add Alt A: College Street (Beamer Street to North Street)

Discussion:

On May 16, 2023, Council approved plans and specifications for the project. On June 13, 2023, the City received three bids for construction of the project.

On June 20, 2023, Council awarded the construction contract in the amount of $667,877.58, for the base bid plus add alternate A, to Consolidated Engineering Inc. (“Contractor”). After the Council award, staff sent the construction contract to the Contractor for execution and to start construction.

As bid, staff anticipated the project being substantially complete before school started to minimize school traffic impacts. However, due to the Contractor’s schedule and time constraints in completing the project, the Contractor will not be able to move forward with completing the construction contract. Both City and Contractor have not incurred any costs related to the project and agree that it is in their best interests to mutually rescind the construction contract with a no-cost

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settlement. Attached is a letter executed by the Contractor agreeing to mutually rescind the construction contract.

Staff is requesting that Council formally consent to mutually rescind the construction contract with a no-cost settlement. Rescission of the construction contract is effective upon approval by the Council.

Once rescission of the construction contract is effective, staff will return to Contractor its performance and payment bonds for the project.

Staff anticipates combining this project with next year’s road maintenance project and bidding a larger road maintenance project for construction in the summer of 2024.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, rescinding the construction contract for the 2023 Road Maintenance Project, CIP 23-01.

Prepared by: Diana Ayón, Senior Associate Civil Engineer

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

Attachments:

1. Resolution

2. Executed Rescission Letter

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND RESCINDING THE CONSTRUCTION CONTRACT FOR THE 2023 ROAD
MAINTENANCE PROJECT, CIP 23-01
WHEREAS, the City of Woodland has $1,163,976 of Measure F and Water Enterprise funds identified in the Capital Budget to maintain and extend the life of Woodland's street network, referred to as the 2023 Road Maintenance Project, CIP 23-01 (the “Project”); and WHEREAS, the Project was previously bid and awarded by City Council on June 20, 2023, to Consolidated Engineering Inc. (“Contractor”); and WHEREAS, as bid, staff anticipated the Project being substantially complete before school started to minimize school traffic impacts. However, due to the Contractor’s schedule and time constraints in completing the Project, the Contractor will not be able to move forward with completing the construction contract; and
WHEREAS, both City and Contractor have not incurred any costs related to the Project and agree that it is in their best interests to mutually rescind the construction contract with a no- cost settlement; and
WHEREAS, attached to this Resolution is a letter executed by the Contractor agreeing to mutually rescind the construction contract and is incorporated herein by reference.

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

Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. The City Council hereby formally consents to mutually rescind the construction contract in the amount of $667,877.58 with Consolidated Engineering Inc., with a no-cost settlement.

Section 3. This Resolution shall take effect immediately upon its adoption.

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PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 15th day of August, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Vicky Fernandez, Mayor
ATTEST:
_____________________________
Ana B. Gonzalez, City Clerk

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: August 15, 2023
ITEM #: J.18
SUBJECT: Approval of 2022 Continuum of Care Grant
Agreement No. CA1423L9T212207 with U.S.

Department of Housing and Urban Development; and
Subrecipient Agreement with the Yolo Wayfarer
Center (dba Fourth and Hope) for Permanent
Supportive Housing Program

Recommendation for Action: Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager to 1) execute Grant Agreement No. CA1423L9T212207 with U.S. Department of Housing and Urban Development for the 2022 Continuum of Care Program (CFDA No. 14.267) funded in the amount of $348,174; 2) execute a Subrecipient Agreement with the Yolo Wayfarer Center (dba Fourth and Hope) funded in the amount of $339,702; and 3) approve an additional appropriation of $997 to the Supportive Housing Program Fund (1322) for Fiscal Year 2023/24.

Staff Contact:

Dago Fierros, Housing Analyst II, (530) 661-2019, [email protected]

Fiscal Impact:

There is no fiscal impact on the General Fund. The Department of Housing and Urban Development (HUD) will provide a grant amount of $348,174. Of the total grant, $8,472 (50% of the administrative funds) will be retained by the City to cover costs associated with the administration of the grant. An additional appropriation of $997 to the Supportive Housing Program Fund (1322) is being requested for the Fiscal Year 2023/24 budget.

Background:

The City has been receiving Continuum of Care (CoC) grants from HUD since at least 1994 to provide permanent supportive and transitional housing programs for individuals and families. In most instances, the programs have been operated by the Yolo Wayfarer Center.

Discussion:

HUD awarded the City a renewal grant through the 2022 Continuum of Care Competition:

Reallocation Permanent Supportive Housing Project for Chronically Homeless 2022 ($348,174 award). Of the total grant, $339,702 will be sub-awarded to Yolo Wayfarer Center (dba Fourth and Hope) to provide Permanent Supportive Housing for 13 chronically homeless families with children in 13 units and 14 chronically homeless individuals without children in 10 units. The sub-award will cover costs associated with rental assistance, supportive services, program operations, and administration. The performance period of the program commenced on February 1, 2023 and terminates on January 31, 2024.

Conclusion:

Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager to 1) execute Grant Agreement No. CA1423L9T212207 with U.S. Department of Housing and Urban Development for the 2022 Continuum of Care Program (CFDA No. 14.267) funded in the amount of $348,174; 2) execute a Subrecipient Agreement with the Yolo Wayfarer Center (dba Fourth and

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Hope) funded in the amount of $339,702; and 3) approve an additional appropriation of $997 to the Supportive Housing Program Fund (1322) for Fiscal Year 2023/24.

Prepared by: Dago Fierros, Housing Analyst II

Reviewed by: Christine Engel, Community Services Department Director

Attachments:

1. Reso 2022 CoC Grant and Sub Agmts

2. HUD CoC Grant Agmt CA1423L9T212207

3. Sub Agmt YWC CoC Reallocation PSH 2022

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WOODLAND TO EXECUTE GRANT AGREEMENT NO. CA1423L9T212207 WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND A SUBRECIPIENT AGREEMENT WITH THE YOLO WAYFARER CENTER FOR THE 2022 CONTINUUMM OF CARE PROGRAM GRANT (CFDA NO. 14.267)
WHEREAS, the Continuum of Care Program (CFDA No. 14.267) is authorized by Title IV, Subtitle C, of the McKinney-Vento Homeless Assistance Act of 1987, as amended; WHEREAS, the City of Woodland received a Continuum of Care Program grant in the amount of $348,174 and has been receiving Continuum of Care Program grants since at least 1994; WHEREAS, the Continuum of Care grant received by the City will assist with the funding of the Yolo Wayfarer Center’s permanent supportive housing program; WHEREAS, the program will provide permanent supportive housing for chronically homeless families with children and chronically homeless individuals without children during a performance period commencing on February 1, 2023 and terminating on January 31, 2024;

WHEREAS, the sub-award of $339,702 to the Yolo Wayfarer Center will cover costs associated with rental assistance, supportive services, program operations, and administration; WHEREAS, $8,472 (50% of the administrative funds) will be retained by the City to cover costs associated with the administration of the grant;
NOW, THEREFORE, BE IT RESOLVED, as follows:

Section 1: This City Council hereby authorizes the City Manager to 1) execute Grant Agreement No.

CA1423L9T212207 with U.S. Department of Housing and Urban Development for the 2022 Continuum of Care Program (CFDA No. 14.267) funded in the amount of $348,174; 2) execute a Subrecipient Agreement with the Yolo Wayfarer Center (dba Fourth and Hope) funded in the amount of $339,702; and 3) approve an additional appropriation of $997 to the Supportive Housing Program Fund (1322) for Fiscal Year 2023/24.

Section 2: This Resolution shall take effect from and after the date of its passage and adoption.

PASSED AND ADOPTED this 15th day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Vicky Fernandez, Mayor
ATTEST:
______________________________
Ana B. Gonzalez, City Clerk

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www.hud.gov espanol.hud.gov Page 1
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
San Francisco Regional Office
One Sansome Street, Suite 1200
San Francisco, CA 94104-4430
Grant Number: CA1423L9T212207
Recipient's Name: City of Woodland
Tax ID Number: 94-6000459
Unique Entity Identifier [SAM]: PJBKW1CUHUL1
Federal Award Date: 6/27/2023
CONTINUUM OF CARE PROGRAM (CDFA# 14.267)

GRANT AGREEMENT
This Grant Agreement (“this Agreement”) is made by and between the United States Department of Housing and Urban Development (“HUD”) and City of Woodland (the “Recipient”).

This Agreement, the Recipient’s use of funds provided under this Agreement (the “Grant” or “Grant Funds”), and the Recipient’s operation of projects assisted with Grant Funds are governed by

1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022);

2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the “Act”);

3. the Continuum of Care Program rule at 24 CFR part 578 (the “Rule”), as amended from time to time;

4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and

5. the Recipient’s application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the “Application”).

The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control.

Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule.

HUD’s total funding obligation authorized by this grant agreement is $348,174, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD-approved Summary Budget for the project.

Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below.

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www.hud.gov espanol.hud.gov Page 2
Grant No. Grant Term Performance Period
02-01-2023 - 01-31-2024
Total Amount
$348,174CA1423L9T212207 12 months
Continuum of Care planning activities
Acquisition
New construction
Rental assistance
$0
$0
$0
$171,396
Supportive services
Operating costs
Homeless Management Information System
Administrative costs
Relocation Costs
$65,143
$94,691
$0
$16,944
$0
a.
b.
d.
f.
j.
h.
i.
k.
g.
e. Leasing $0
HPC homelessness prevention activities:l.

Housing relocation and stabilization services $0
c. Rehabilitation $0
$0Short-term and medium-term rental assistance

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www.hud.gov espanol.hud.gov Page 3
Pre-award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre-award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred.

These provisions apply to all Recipients:

If any new projects funded under this Agreement are for project-based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations.

The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project’s budget period and performance period under the grant that has been renewed.

For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement.

HUD designations of Continuums of Care as High-performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years’ CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year.

The Recipient must complete the attached “Indirect Cost Rate Schedule” and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).

This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement.

HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient’s applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD.

Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient.

By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan).

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www.hud.gov espanol.hud.gov Page 4
Pre-award Costs for Continuum of Care Planning
The Recipient may, at its own risk, incur pre-award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred.

These provisions apply to all Recipients:

The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient.

By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan).

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www.hud.gov espanol.hud.gov Page 5
This agreement is hereby executed on behalf of the parties as follows:

By:
___________________________________________________
(Signature)
___________________________________________________
(Typed Name and Title)
___________________________________________________
(Date)
___________________________________________________
(Name of Organization)
By:
___________________________________________________
(Signature of Authorized Official)
___________________________________________________
(Typed Name and Title of Authorized Official)
___________________________________________________
(Date)

UNITED STATES OF AMERICA,
Secretary of Housing and Urban Development
City of Woodland
Alice Walkup, Acting Director
June 27, 2023

RECIPIENT
Ken Hiatt, City Manager

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www.hud.gov espanol.hud.gov Page 6
Indirect Cost Schedule
Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base _______________________________
_______________________________
_______________________________
_______________________________
_____________________
_____________________
_____________________
_____________________
_______________________
_______________________
_______________________
_______________________
This schedule must include each indirect cost rate that will be used to calculate the Recipient’s indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients.

For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied.

For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table.

For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.

To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments).

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SUBRECIPIENT AGREEMENT
By and Between

THE CITY OF WOODLAND
and

YOLO WAYFARER CENTER
for the
2022 CONTINUUM OF CARE PROGRAM (CFDA NO. 14.267)
Reallocation Permanent Supportive Housing for Chronically Homeless 2022
funded by the
McKinney-Vento Act

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1 SUBRECIPIENT AGREEMENT
(CONTINUUM OF CARE PROGRAM CFDA NO. 14.267)
This SUBRECIPIENT AGREEMENT (this “Agreement”), dated for purposes of identification only this day of , 2023 (the “Date of Agreement”), is made and entered into by and between the CITY OF WOODLAND, a municipal corporation and charter city, (“WOODLAND”) and YOLO WAYFARER CENTER, a California non-profit corporation (“SUBRECIPIENT”).

RECITALS
A.WOODLAND is the recipient of (McKinney-Vento Act Funds) Homeless Assistance Funds from the United States Department of Housing and Urban Development (“HUD”) through the Continuum of Care Program (CFDA No. 14.267) for the Calendar Year 2022 (payment year 2023/24) in the amount of Three Hundred Forty-Eight Thousand One Hundred Seventy-Four Dollars ($348,174).

B.SUBRECIPIENT proposes to provide the following scope of services for one Continuum of Care Program component: Permanent Supportive Housing for chronically homeless individuals, increasing the number of participants served in the SUBRECIPIENT’S Permanent Supportive Housing Program. The clients of the program will be provided with supportive services. The SUBRECIPIENT’S mailing address is as follows: Yolo Wayfarer Center, P.O. Box 1248, Woodland, California 95776, Attention: Executive Director.

C.SUBRECIPIENT submitted to WOODLAND an application to receive a grant of Homeless Assistance Funds for the Calendar Year 2022 to assist with the administration of a Permanent Supportive Housing Program as described in Recital B, above.

D.SUBRECIPIENT’s application for a grant of MCKINNEY-VENTO ACT Funds was approved by the City Council of the City of Woodland, subject to (i) approval by HUD of WOODLAND’s MCKINNEY-VENTO ACT Application for Calendar Year 2022 and (ii) the execution by WOODLAND and SUBRECIPIENT of an agreement containing
substantially the terms and conditions set forth in this Agreement.

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2 E.In June 2023, HUD informed WOODLAND of approval of Homeless Assistance Funds available under the 2022 Continuum of Care Competition (McKinney-Vento Homeless Assistance Act).

F.WOODLAND and SUBRECIPIENT (jointly, the “Parties”) desire to enter into this Agreement so that SUBRECIPIENT may receive a grant of Homeless Assistance Funds in consideration for SUBRECIPIENT’s provision of certain services to WOODLAND and the community.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

Section 1. Definitions.

The following capitalized terms used in this Agreement shall have the following meanings:
“Agreement” means this Subrecipient Agreement by and between WOODLAND and SUBRECIPIENT.
“MCKINNEY-VENTO ACT” is defined in Recital A hereof.
“MCKINNEY-VENTO ACT Funds” is defined in Recital A hereof. “C.F.R.” means the Code of Federal Regulations.
“Community Services Director” means the Director of Community Services for the City of Woodland, or designee.
“Conditions to Disbursement” is defined in Section 2.3.2 hereof. “Costs” means personnel services and non-personnel services costs necessary to provide the homeless assistance services under the Continuum of Care Program. “Covenants Re: Use of Federal Funds” means those additional covenants of SUBRECIPIENT required due to the federal source of the Grant Proceeds which are attached hereto as Exhibit C and incorporated herein by this reference. “Date of Agreement” is defined in the initial paragraph of this Agreement. “Default” is defined in Section 7.1 hereof.
“Disbursement Schedule” is defined in Section 2.3.1 hereof.

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3 “Effective Date” is defined in Section 10.14 hereof.
“Grant” is defined in Section 2.1 hereof.
“Grant Proceeds” means the proceeds of the Grant.
“HUD” is defined in Recital A hereof.
“Operating Budget” is defined in Section 6 hereof.
“Parties” is defined in Recital F hereof.
“Salary and Benefits” means the reasonable salary and benefits paid by SUBRECIPIENT to Staff.
“Schedule of Performance” means the schedule pursuant to which SUBRECIPIENT shall provide the Services and the schedule which is attached hereto as Exhibit B and incorporated herein by this reference.
“Scope of Services” means the scope of services (i) which describes the Services to be provided by SUBRECIPIENT and (ii) which is attached hereto as Exhibit A and incorporated herein by this reference.
“Services” is defined in Section 4.1 of this Agreement. “Staff” means each of the persons, individually, and all of the persons, collectively, hired by SUBRECIPIENT to provide the Services under this Agreement. “SUBRECIPIENT” means the Yolo Wayfarer Center, a California non-profit corporation. The SUBRECIPIENT’s Representative shall represent SUBRECIPIENT in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by SUBRECIPIENT, the SUBRECIPIENT’s Representative is authorized to act on behalf of SUBRECIPIENT unless this Agreement specifically provides otherwise or thee context should otherwise require. “SUBRECIPIENT’s Representative” means Doug Zeck, Chief Executive Officer of the Yolo Wayfarer Center.
“WOODLAND” means the City of Woodland, a municipal corporation and general law city, and any assignee of or successor to the rights, powers, and responsibilities of WOODLAND. The City Manager of the City of Woodland, or designee (hereinafter defined as the “City Manager”), shall represent WOODLAND in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by WOODLAND, the City Manager is authorized to act on behalf of WOODLAND unless this Agreement specifically provides otherwise or the context should otherwise require.

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4 Section 2. Grant.

2.1 Amount of Grant. WOODLAND agrees to grant to SUBRECIPIENT funds in the amount of Three Hundred Thirty-Nine Thousand Seven Hundred Two Dollars ($339,702) (of the $348,174 total grant amount, the City retains $8,472, 50 percent of the administrative funds, for administration of the Grant) (the Grant”) subject to all of the terms, covenants, and conditions of this Agreement. SUBRECIPIENT shall use the Grant Proceeds to provide Permanent Supportive Housing for chronically homeless individuals as identified in Attachment A—Scope of Services.

2.2 Use of Federal Funds. SUBRECIPIENT acknowledges and agrees that the Grant is funded from McKinney-Vento Homeless Assistance Act of 1987, Title IV, Subtitle C, as amended, allocated to WOODLAND by the United States of America.

Accordingly, SUBRECIPIENT hereby provides to WOODLAND those covenants set forth in the Covenants Re: Use of Federal Funds.

2.3 Disbursement of Grant Proceeds. Upon satisfaction of the Conditions to Disbursement or written waiver thereof by WOODLAND, WOODLAND shall distribute the Grant Proceeds in accordance with the Disbursement Schedule.

2.3.1 Schedule. The Grant Proceeds shall be disbursed in by WOODLAND in accordance with the following schedule (the “Disbursement Schedule”):

A. Three Hundred Thirty-Nine Thousand Seven Hundred Two Dollars ($339,702) shall be distributed upon receipt by WOODLAND from SUBRECIPIENT periodic performance reports in accordance with the proposed program goals and accomplishments that are reasonably satisfactory to the Community Services Director.

2.3.2 Conditions Precedent to Disbursement. SUBRECIPIENT agrees further that WOODLAND shall not be obligated to make any disbursement of the Grant Proceeds unless and until SUBRECIPIENT has fulfilled all of WOODLAND’s customary conditions for a Grant (the “Conditions of Disbursement”). Such conditions include, for purposes of guidance and illustration, but are not limited to, the following:

A. WOODLAND shall have received and approved the Operating Budget pursuant to and in accordance with Section 6 of this Agreement.

B. WOODLAND shall have received all insurance certificates and endorsements required by it pursuant to and in accordance with Section 5.1 of this Agreement.

C. WOODLAND shall have received evidence that SUBRECIPIENT is a corporation duly organized and existing as a California non-profit

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5 corporation presently in good standing; that SUBRECIPIENT has the power as a corporation to enter into this Agreement; that all documents executed by SUBRECIPIENT pertaining to the Grant are valid and binding obligations; and that the officers and agents executing such documents are duly empowered and authorized to execute them.

D. WOODLAND shall, if requested, receive copies of any and all licenses, permits, notices, and certificates required by WOODLAND pursuant to and in accordance with Section 4.6 of this Agreement.

The Community Services Director may waive or modify in writing any of the Conditions to Disbursement of the Grant Proceeds.

Section 3. Term.

The term of this Agreement (the “Term”) shall commence on February 1, 2023 and shall terminate on January 31, 2024 unless terminated earlier pursuant to Subsection 5.1.4 or Section 7 hereof.

Section 4. Services.

4.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, SUBRECIPIENT shall provide those services (the “Services”) as specified in the Scope of Services. SUBRECIPIENT represents and warrants that all Services to be provided hereunder shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services.

4.2 Time for Performance. Time is of the essence in the performance of this Agreement. SUBRECIPIENT shall perform and complete all Services hereunder in a timely and expeditious manner in accordance with the Schedule of Performance.

SUBRECIPIENT shall not be responsible for delays caused by circumstances beyond its control, provided that SUBRECIPIENT has delivered to WOODLAND written notice of the cause of any such delay within ten (10) days of the occurrence of such cause.

4.3 SUBRECIPIENT’s Application. The Scope of Services shall include the Services set forth in the SUBRECIPIENT’s application for the grant of McKinney- Vento Act funds which shall be incorporated herein by this reference as through fully set forth herein. In the event of any inconsistency between the terms of such application and this Agreement, the terms of this Agreement shall govern.

4.4 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of

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6 the City and any Federal, State, or local governmental agency of competent jurisdiction.

4.5 Licenses, Permits, Fees, and Assessments. SUBRECIPIENT shall obtain, at SUBRECIPIENT’s sole cost and expense, any such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. SUBRECIPIENT shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services required by this Agreement. If requested by WOODLAND, SUBRECIPIENT shall provide copies of any and all licenses, permits, notices, and certificates required by law for the provision of the Services. Within (7) days of receipt by SUBRECIPIENT, SUBRECIPIENT shall provide WOODLAND with copies of any notices, audits, inspections, or other documents received by SUBRECIPIENT form any Federal, State, or local governmental body, arising out of or relating to the provision of the Services.

4.6 Nondiscrimination. SUBRECIPIENT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, or national origin in its provision of Services. To the extent this Agreement provides that SUBRECIPIENT offer accommodations or services to the public, such accommodations or services shall be offered by SUBRECIPIENT to the public on fair and reasonable terms.

4.7 Familiarity with Work. By executing this Agreement, SUBRECIPIENT represents and warrants that SUBRECIPIENT (i) has thoroughly investigated and considered the work to be performed, (ii) has investigated the site of the work and fully acquainted itself with the conditions there existing, (iii) has carefully considered how the work should be performed, and (iv) fully understands the facilities, difficulties, and restrictions attending the performance of the work under this Agreement. Should the SUBRECIPIENT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by WOODLAND, SUBRECIPIENT shall immediately inform WOODLAND of such fact and shall not proceed except at SUBRECIPIENT’s risk until written instructions are received from WOODLAND.

4.8 Prohibition Against Subcontracting and Assignments. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assignable or transferable or encumbered in any way without the prior written consent of WOODLAND. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to WOODLAND. This is a personal services contract and the SUBRECIPIENT was chosen on the basis of characteristics unique to the SUBRECIPIENT. WOODLAND shall have the right to unreasonably or arbitrarily withhold its consent to any such assignment, transfer, encumbrance, pledge, subuse, or permission.

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7 4.9 Independent SUBRECIPIENT. SUBRECIPIENT and any agent or employee of SUBRECIPIENT shall act in an independent capacity and not as officers or employees of WOODLAD. WOODLAND assumes no liability for SUBRECIPIENT’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for SUBRECIPIENT. SUBRECIPIENT shall not have authority to act as an agent on behalf of WOODLAND unless specifically authorized to do so in writing.

SUBRECIPIENT acknowledges that it is aware that because it is an independent SUBRECIPIENT, WOODLAND is making no deduction from any amount paid to SUBRECIPIENT and is not contributing to any fund on its behalf. SUBRECIPIENT disclaims the right to any fee or benefits except as expressly provided for in this Agreement.

SUBRECIPIENT represents that SUBRECIPIENT has or will secure and maintain, at SUBRECIPIENT’s sole cost and expense, all qualified and licensed personnel required to perform the Services. Staff and any additional personnel hired by SUBRECIPIENT shall be employees of SUBRECIPIENT. Such personnel shall not be deemed to be employees of WOODLAND or to have any contractual relationship with WOODLAND. Such personnel shall be authorized or permitted under State and local law to perform the Services.

4.10 Inspection. WOODLAND and its agents and representatives shall have the right at any reasonable time to observe the provision of the Services. WOODLAND is under no duty to supervise the provision of the Services. Any inspection or examination by WOODLAND is for the sole purpose of protecting and preserving WOODLAND’s rights under this Agreement. No default of SUBRECIPIENT shall be waived by any inspection that there has been or will be compliance with this Agreement or that SUBRECIPIENT or Staff is in compliance with any Federal, State, and local laws, ordinances, regulations, and directives applicable to the performance of this Agreement or to the provision of the Services. SUBRECIPIENT shall make or cause to be made such other independent inspections as SUBRECIPIENT may desire for SUBRECIPIENT’s own protection.

Section 5. Insurance and Indemnification.

5.1 Insurance. Without limiting WOODLAND’s right to indemnification, SUBRECIPIENT shall secure prior to commencing any activities under this Agreement, and maintain during the Term of this Agreement, insurance coverage as set forth in this Section.

5.1.1 Required Insurance. SUBRECIPIENT shall secure and maintain the following coverage:

A. Workers’ Compensation Insurance as required by California statutes;

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8 B. Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent SUBRECIPIENT’s Liability and Fire
Damage Legal Liability, in an amount of not less than One Million Dollars ($1,000,000) per occurrence, combined single limit, written on an occurrence form; and
C. Comprehensive Automobile Liability coverage, including—as applicable—owned, non-owned, and hired autos, in an amount of not less than One Million Dollars ($1,000,000) per occurrence, combined single limit, written on an occurrence form.

The City Manager, with the consent of WOODLAND’s Risk Manager, is hereby authorized to reduce the requirements set forth above in the event it is determined that such reduction is in WOODLAND’s best interest.

5.1.2 Required Clauses in Policies. Each insurance policy required by this Agreement shall contain the following clauses:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days’ prior written notice has been given to the Secretary of the City of Woodland, 300 First Street, Woodland, CA 95695.”
“It is agreed that any insurance maintained by the City of Woodland shall apply in excess of and not contribute with insurance provided by this policy.”
Each insurance policy required by this Agreement, excepting policies for workers’ compensation and professional liability, shall contain the following clause:
“The City of Woodland, its officials, agents, employees, representatives, and volunteers are added as additional insured as respects of operations and activities of, or on behalf of the named insured, performed under contract with the City of Woodland.”

5.1.3 Required Certificates and Endorsements. Prior to commencement of any work under this Agreement, SUBRECIPIENT shall deliver to WOODLAND (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such

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9 endorsements shall be signed by an authorized representative of the insurance company and shall include the signator’s company affiliation and title.

Should it be deemed necessary by WOODLAND, it shall be
SUBRECIPIENT’s responsibility to see that WOODLAND receives documentation, acceptable to WOODLAND, which confirms that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, WOODLAND has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

5.1.4 Remedies for Defaults Re: Insurance. In addition to any other remedies WOODLAND may have if the SUBRECIPIENT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, WOODLAND may, at its sole option:

A. Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under the
Agreement;
B. Order the SUBRECIPIENT to stop work under this Agreement and/or withhold any payment(s) which become due to the
SUBRECIPIENT hereunder until the SUBRECIPIENT
demonstrates compliance with the requirements hereof;
C. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies WOODLAND may have and is not the exclusive remedy for the SUBRECIPIENT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which the SUBRECIPIENT may be held responsible for payment of damages to person or property resulting from the SUBRECIPIENT’s or its subcontractor’s performance of the work covered under this Agreement.

5.2 Indemnification. As respects acts, errors, or omissions in the performance of Services under this Agreement, SUBRECIPIENT agrees to indemnify and hold harmless WOODLAND, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability or consequential acts, errors, or omissions in the performance of Services under the terms of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of Services, including but limited to those acts or omissions normally covered by general and automobile liability insurance, SUBRECIPIENT agrees to

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10 indemnify, defend (at WOODLAND’s option), and hold harmless WOODLAND, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with SUBRECIPIENT’s performance or failure to perform, under this Agreement; excepting those which arise out of the sole negligence of WOODLAND.

Section 6. SUBRECIPIENT’s Operating Budget.

Concurrently with the submission to WOODLAND of copies of this Agreement executed by SUBRECIPIENT, SUBRECIPIENT shall submit to WOODLAND an operating budget (the “Operating Budget”) which specifies how SUBRECIPIENT proposes that the Grant Proceeds be allocated among the following permitted uses: Salary, Benefits, and Costs.

WOODLAND shall have the right to review and either approve or disapprove the proposed Operating Budget, in WOODLAND’s sole discretion. In the event WOODLAND disapproves the proposed Operating Budget, Woodland shall deliver in writing the reasons for such disapproval. In such event, SUBRECIPIENT shall revise and resubmit the proposed Operating Budget to WOODLAND within thirty (30) days of such disapproval.

WOODLAND shall either approve or disapprove the revised Operating Budget within fifteen (15) days of WOODLAND’s receipt. The approved Operating Budget is included as Exhibit E of this Agreement.

Section 7. Enforcement of Agreement; Termination of Agreement.

7.1 Events of Default. For purposes of this Section 7, the word “Default” shall mean the failure of SUBRECIPIENT to perform any of SUBRECIPIENT’s duties or obligations or the breach by SUBRECIPIENT of any of the terms and conditions set forth in this Agreement. In addition, SUBRECIPIENT shall be deemed to be in Default upon SUBRECIPIENT’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization, or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution, or seizure of all or a substantial portion of SUBRECIPIENT’s assets or of SUBRECIPIENT’s interests hereunder.

WOODLAND shall not be deemed to be in Default in the performance of any obligation required to be performed by WOODLAND hereunder unless and until WOODLAND has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from SUBRECIPIENT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of WOODLAND’s obligation is such that more than thirty (30) days are required for its performance, then WOODLAND shall not be deemed to be in Default if

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11 WOODLAND shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

7.2 Institution of Legal Actions. In addition to any other rights and remedies, and subject to the restrictions otherwise set forth in this Agreement, either Party may institute an action at law or in equity to seek the specific performance of the terms of this Agreement, to cure, correct, or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement.

Such legal actions must be instituted in the Superior Court of the County of Yolo, State of California, in an appropriate municipal court in Yolo County, or in the United States District Court for District of California in which Yolo County is located.

7.3 Acceptance of Service of Process. In the event that any legal action is commenced by the SUBRECIPIENT against WOODLAND, service of process on WOODLAND shall be made by personal service upon the Community Development Department Director or in such other manner as may be provided by law. In the event that any legal action is commenced by WOODLAND against the SUBRECIPIENT, service of process on the SUBRECIPIENT shall be made in such other manner as may be provided by law.

7.4 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party.

7.5 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies.

7.6 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

7.7 Attoneys’ Fees. WOODLAND and SUBRECIPIENT agree that in the event of litigation to enforce this Agreement or terms, provisions, and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall be entitled to all costs and expenses, including reasonable attorneys’ fees, incurred in connection with such litigation.

7.8 Immediate Termination for SUBRECIPIENT’s Default. In the event of any Default by SUBRECIPIENT, WOODLAND may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by SUBRECIPIENT of written notice from WOODLAND. In such event,

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12 SUBRECIPIENT shall have no further rights hereunder; WOODLAND shall have all other rights and remedies as provided by law.

7.9 Termination Without Cause. WOODLAND may terminate this Agreement at any time without the necessity of cause or Default by SUBRECIPIENT by giving fifteen (15) days notice in writing to SUBRECIPIENT. In such event, SUBRECIPIENT shall have no further rights hereunder, except that SUBRECIPIENT shall be paid for all Services rendered prior to receipt of notice of such termination.

Section 8. Documents and Data.

8.1 Data to be Furnished by WOODLAND. WOODLAND shall furnish to SUBRECIPIENT such documents and materials pertinent to the provision of Services hereunder as WOODLAND may possess or acquire.

8.2 Ownership of Documents. All documents and materials furnished by WOODLAND to SUBRECIPIENT pursuant to Section 8.1 hereof shall remain the property of WOODLAND and shall be returned to WOODLAND upon termination of this Agreement.

Section 9. Audit of Records.

SUBRECIPIENT shall keep such books and records as shall be necessary to perform the Services required by this Agreement and to enable WOODLAND to evaluate the cost and the performance of such services. Books and records shall be kept and prepared in accordance with generally accepted accounting principles.

WOODLAND shall have the right to audit SUBRECIPIENT’s records pertaining to this Agreement and the services to be performed hereunder at SUBRECIPIENT’s office location as set forth in Section 10.2 hereof. SUBRECIPIENT agrees to make available all pertinent records for the purpose of conducting such an audit at that location, during normal business hours.

Section 10. Miscellaneous Provisions.

10.1 Waiver. Inaction by WOODLAND or SUBRECIPIENT with respect to a Default hereunder shall not be deemed to be a waiver of such Default. The waiver by either WOODLAND or SUBRECIPIENT of any Default hereunder shall not be deemed to be a waiver of any subsequent Default.

10.2 Notices. All notices, demands, or other writings to be made, given, or sent hereunder, or which may be so given or made or sent by either WOODLAND or SUBRECIPIENT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:

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13 If to WOODLAND: City Clerk
City of Woodland
300 First Street
Woodland, California 95695
FAX No. (530) 661-5813
With copies to: City of Woodland
Community Services Department
2001 East Street
Woodland, California 95776
FAX No. (530) 666-7257
If to SUBRECIPIENT: Executive Director
Yolo Wayfarer Center
P.O. Box 1248
Woodland, CA 95776

10.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, nor by and third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that SUBRECIPIENT is and will be at all times an independent SUBRECIPIENT pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of the Agency or the City.

10.4 Time of the Essence. Time is hereby expressly declared to be the essence of this Agreement and of each and every term, covenant and condition hereof which relates to a date or a period of time.

10.5 Remedies Cumulative. The remedies given to WOODLAND and SUBRECIPIENT herein shall be cumulative and are given without impairing any other rights given WOODLAND or SUBRECIPIENT by statute or other law now existing or hereafter enacted, and the exercise of any one (1) remedy by WOODLAND or SUBRECIPIENT shall not preclude the exercise of any other remedy.

10.6 Effect of Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or enforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

10.7 Successors and Assigns. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the

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14 successors and assigns of WOODLAND and to the permitted successors and assigns of SUBRECIPIENT, and all references to “WOODLAND” or “SUBRECIPIENT” shall be deemed to refer to and include all permitted successors and assigns of such Party.

10.8 Entire Agreement. This Agreement and the exhibits hereto contain the entire agreement of WOODLAND and the SUBRECIPIENT with respect to the matters covered hereby, and no agreement, statement or promise made by any of the Parties which is not contained herein, shall be valid or binding. No prior agreement, understanding, or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended, modified, or added except by an agreement in writing signed by WOODLAND and SUBRECIPIENT.

10.9 Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership, or other entity or organization, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. SUBRECIPIENT shall, at WOODLAND’s request, deliver a certified copy of its governing board’s resolution or certificate authorizing or evidencing such execution.

10.10 Conflicts of Interest. No member, official, or employee of WOODLAND shall have any interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affect his or her interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested.

10.11 Time for Acceptance of Agreement by WOODLAND. This Agreement, when executed by SUBRECIPIENT and delivered to WOODLAND, must be authorized, executed and delivered to WOODLAND on or before forty-five (45) days after the execution and delivery by the SUBRECIPIENT or this Agreement shall be void, except to the extent that SUBRECIPIENT and WOODLAND shall consent in writing to a further extension of time for the authorization, execution, and delivery of this Agreement.

10.12 Non-Liability of Members, Officials, and Employees of WOODLAND. No member, official, or employee of WOODLAND shall be personally liable to SUBRECIPIENT, or any successor in interest, in the event of any Default of breach by WOODLAND or for any amount which may become due to SUBRECIPIENT or SUBRECIPIENT’s successors, or on any obligation under the terms of this Agreement.

SUBRECIPIENT hereby waives and releases any claim SUBRECIPIENT may have against the members, officials, or employees of WOODLAND with respect to any Default or breach by WOODLAND or for any amount which may become due to SUBRECIPIENT or SUBRECIPIENT’s successors, or any obligations under the terms of this Agreement. SUBRECIPIENT makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent

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15 of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
“A general release does not extend claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

10.13 Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

10.14 Effective Date. This Agreement shall be effective on the date on which this Agreement is executed by WOODLAND and such date shall be the “Effective Date.”

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16 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.
“WOODLAND”

CITY OF WOODLAND
a municipal corporation
Dated: By:

Ken Hiatt, City Manager
ATTEST:

By:

Ana Gonzalez
City Clerk
“SUBRECIPIENT”

YOLO WAYFARER CENTER
(dba Fourth & Hope)
a California non-profit pubic benefit corporation
Dated: By:

Doug Zeck, Executive Director

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17 EXHIBIT A—SCOPE OF SERVICES
During the Term of this Agreement, SUBRECIPIENT shall diligently and continuously provide the following services (the “Services”):

Section 1. Maintain Office. Throughout the term of this Agreement, to provide the Services, SUBRECIPIENT shall manage and operate its proposed programs at the designated locations and provide its mailing address at P.O. Box 1248, Woodland, CA 95776 and maintain its office located at 814 Court Street, Woodland, CA 95695.

Section 2. Hours of Operation. SUBRECIPIENT shall provide staff to operate office continuously between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays.

Section 3. SUBRECIPIENT’s Reports. SUBRECIPIENT shall file reports on a quarterly basis in the format provided by WOODLAND, or in a format provided by SUBRECIPIENT that is acceptable to WOODLAND.

3.1 Schedule. All Quarterly Reports shall be filed in accordance with the format as set forth by the U.S. Department of Housing and Urban Development (HUD).

3.2 Contents.Each Quarterly Report shall contain, or be accompanied by, an itemized statement showing all information required by WOODLAND, including, without limitation:

A.The amount expended or incurred by SUBRECIPIENT and due and payable for Salary and Benefits, and Costs for such reporting quarter.

B.Evidence reasonably satisfactory to the Community Development Director showing that allowable costs and expenses for which SUBRECIPIENT seeks reimbursement were actually incurred in the reporting field.

3.3 Certification. Each Quarterly Report shall be certified as complete and correct by the Chief Executive Officer of SUBRECIPIENT.

Section 4. Permanent Supportive Housing Program Services. SUBRECIPIENT shall provide all costs and services associated with the one Permanent Supportive Housing Program components: Permanent Supportive Housing for chronically homeless individuals in the City of Woodland.

Section 5. Administration of Grant Funds. Throughout the term of this Agreement, WOODLAND shall administer the grant funds as well as review the Quarterly Reports submitted by SUBRECIPIENT. From the grant amount of Three Hundred Forty-Eight Thousand One Hundred Seventy-Four Dollars ($348,174), WOODLAND shall retain a total of Eight Thousand Four Hundred Seventy-Two Dollars ($8,472) for its grant administration.

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18 EXHIBIT B—SCHEDULE OF COMPENSATION
SUBRECIPIENT will be reimbursed for approved costs associated with the implementation of the Permanent Supportive Housing Program component (Reallocation Permanent Supportive Housing for Chronically Homeless 2022) following the submission of invoices with attached documentation in a format acceptable to WOODLAND. Total reimbursement for costs associated with the Supportive Housing Program shall not exceed the total grant amount of Three Hundred Forty-Eight Thousand One Hundred Seventy-Four Dollars ($348,174) less City administrative costs of ($8,472; 50 percent of administrative funds) in the amounts listed in Exhibit E—Operating Budget.

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19 EXHIBIT C—COVENANTS RE: USE OF FEDERAL FUNDS
SUBRECIPIENT acknowledges and agrees that the Grant is funded from McKinney- Vento Homeless Assistance Act of 1987, Title IV, Subtitle C, as amended, allocated to WOODLAND by the United States of America. Accordingly, SUBRECIPIENT covenants and agrees as follows:

Section 1. Non-Discrimination. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, age, national origin, or ancestry.

Section 2. Civil Rights Act. SUBRECIPIENT shall comply with the Civil Rights Act of 1964, as amended, and all regulations applicable thereto.

Section 3. Compliance with OMB Circular No. A-122. SUBRECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122 and with the Attachments A, B, C, F, H, N (as modified in accordance with the provisions of 24 C.F.R. 570.502 (b)(6)) and O.

Section 4. Reversion of Assets. Upon the expiration or termination of this Agreement, SUBRECIPIENT shall transfer to WOODLAND any McKinney-Vento Act funds on hand and any accounts receivable attributable to the use of McKinney- Vento Act funds. If at the time of the expiration or termination of this Agreement there is under the control of SUBRECIPIENT any real property that was acquired or improved in whole or in part with McKinney-Vento Act funds in excess of Twenty- Five Thousand Dollars ($25,000), then such real property shall either be:

A. Used to meet one (1) or more of the national objectives set forth in 24 C.F.R. 570.208 for not less than fifteen (15) years after the date of expiration or termination of this Agreement, or such longer period of time as determined appropriate by WOODLAND; or
B. Disposed of, within five (5) years after the date of expiration or termination of this Agreement, in a manner which results in WOODLAND being reimbursed in the amount of the then current fair market value of said real property less any portion thereof attributable to expenditure of non-McKinney-Vento Act funds for said acquisition or improvement.

Section 5. Program Income. Any Program Income received by SUBRECIPIENT prior to the expiration of this Agreement shall either (i) be treated as additional grant proceeds subject to all applicable requirements governing the use of grant proceeds, or (ii) be returned to WOODLAND, as required by 24 C.F.R. 570.504(b). Any Program Income on hand when this Agreement expires or received after the expiration of this Agreement shall be paid to WOODLAND as required by 24 C.F.R. 570.503(8).

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20 Section 6. Training and Employment Opportunities. SUBRECIPIENT acknowledges that the work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the U.S.

Department of Housing and Urban Development (the “Department”), and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (“Section 3”). Section 3 requires, that to the greatest extent feasible, opportunities for training and employment be given to lower income residents and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. SUBRECIPIENT shall comply with the provisions Section 3 and the regulations issued pursuant thereto by the U.S. Secretary of Housing and Urban Development as set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement.

Section 7. No Disability. SUBRECIPIENT certifies and agrees that it is under no contractual or other disability which would prevent it from complying with the laws and regulations referred to in this Exhibit C of the Agreement.

Section 8. Notice to Labor Organizations. SUBRECIPIENT shall send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising such labor organization or workers’ representative of its commitments under the Section 3 clause (set forth in Section 6 of this Exhibit C) and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

Section 9. Include in Subcontracts. SUBRECIPIENT shall include a Section 3 clause in every subcontract for work in connection with the project and shall, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the sub-contractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. SUBRECIPIENT shall not subcontract with any sub-contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and shall not let any subcontract unless the sub-contractor has first provided it with a preliminary statement of ability to comply with the requirements of said regulations.

Section 10. Sanctions. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement shall be a conditional of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject SUBRECIPIENT, its sub-contractors, its successors, and assigns to those sanctions as are specified by 24 C.F.R. Part 135.

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21 Section 11. Americans with Disabilities. SUBRECIPIENT shall not discriminate against handicapped persons in the provision of the Services and shall provide accessibility for handicapped persons to the Services provided under this Agreement.

SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 and implementing regulations (28 C.F.R. Parts 35-36), in order to provide handicapped accessibility to the extent readily achievable.

Section 12. Patents and Copyrights. SUBRECIPIENT acknowledges and agrees that HUD reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and otherwise use, and to authorize others to use, for Federal Government purposes:

A. The copyright in any work developed under the Grant or this Agreement;
B. Any rights of copyright to which SUBRECIPIENT purchases ownership with Grant Proceeds;
C. The patent for any invention developed under the Grant or this Agreement; and
D. Any rights in any patent to which SUBRECIPIENT purchases ownership with Grant Proceeds.

Section 13. Compliance with Law. SUBRECIPIENT hereby covenants and agrees that it has complied and will continue to comply with the Housing and Community Development Act of 1974 (“the Act”), and all applicable Federal, State, and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of Federal funds for this Federally-assisted program.

This Agreement is subject to all such laws, ordinances, regulations, policies, and guidelines, including, without limitation, the Act; 24 CFR Part 85; 24 CFR Part 570; and applicable U.S. Office of Management and Budget Circulars, including, without limitation, A-21, A-110, A-122, and A-133.

Section 14. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by SUBRECIPIEINT for a period of five (5) years, at a minimum, and in the event of litigation, claim, or audit, the records shall be retained until all litigation, claims, and audio findings involving the records have been fully resolved. Records for non-expendable property acquired with Federal funds provided under this Agreement shall be retained for five (5) years after the ifnal disposition of such property.

Section 15. Monitoring. WOODLAND will conduct a monitoring review. This review will focus on the extent to which the planned program has been implemented

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22 measurable goals achieved, effectiveness of program management, and impact of the program. Authorized representatives of WOODLAND and HUD shall have the right of access to all activities and facilities operated by SUBRECIPIENT under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement. Activities include attendance, board of directors, advisory committee, and advisory board meetings and inspection by WOODLAND and HUD representatives. SUBRECIPIENT shall ensure that its employees and board members furnish such information as, in the judgment of WOODLAND and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program.

Section 16. Program Reporting. SUBRECIPIENT agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD, or WOODLAND per the terms of this Agreement. SUBRECIPIENT shall maintain such property, personnel, financial, and other records and accounts as are considered necessary by HUD or WOODLAND to assure proper accounting for all Grant funds.

All SUBRECIPIENT records, with the exception of confidential information, shall be made available to representatives of WOODLAND and appropriate Federal agencies.

SUBRECIPIENT is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by WOODLAND.

Section 16.1 Federal Funding Accountability and Transparency Act.

SUBRECIPIENT agrees to comply with the “Federal Funding Accountability and Transparency Act” through reporting required information at https://www.fsrs.gov/.

Section 17. Accounting. SUBRECIPIENT shall establish, and maintain on a current basis, an adequate accrual and accounting system in accordance with generally accepted accounting principles and standards.

Section 18. Audits. SUBRECIPIENT is required to arrange for an independent financial and compliance audit annually for each fiscal year Federal funds are received under this Agreement. Audits must be in compliance with O.M.B. Circular No. A-133. An audit may be conducted by Federal, State, or local funding source agencies as part of WOODLAND’s audit responsibilities. The results of the independent audit must be submitted to WOODLAND within thirty (30) days of completion. Within thirty (30) days of the submittal of said audit report, SUBRECIPIENT shall provide a written response to all conditions of findings reported in said audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency.

All conditions or finding corrective actions shall take place within six (6) months after receipt of the audit report. WOODLAND and its authorized representatives shall at all times have access for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of SUBRECIPIENT.

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23 SUBRECIPIENT staff will cooperate fully with authorized auditors when they conduct audits and examinations of SUBRECIPIENT’s program.

If indications of misappropriation or misapplication of funds granted under this Agreement cause WOODLAND to require a special audit, the cost of the audit will be encumbered and deducted from the Grant. Should WOODLAND subsequently determine that the special audit was not warranted, the amount encumbered will be restored to the Grant. Should the special audit confirm misappropriation or misapplication of funds, SUBRECIPIENT shall promptly reimburse WOODLAND the amount of misappropriation or misapplication. In the event WOODLAND uses the judicial system to recover misappropriated or misapplied funds, SUBRECIPIENT shall reimburse CITY for legal fees and court costs incurred in obtaining the recovery.

Section 19. Certification Regarding Lobbying. SUBRECIPIENT certifies, to the best of its knowledge and belief, that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, SUBRECIPIENT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-subrecipients, sub-grants, and contracts under grants, loans, and cooperative agreements), and that all subrecipients shall certify and disclose accordingly.

Section 20. Non-Expendable Property. A record shall be maintained by SUBRECIPIENT for each item on non-expendable property acquired for this program with Grant Proceeds. This record shall be provided to WOODLAND as well as being available for inspection and audit upon the request of WOODLAND. Non- expendable property means tangible personal property having a useful life of more

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24 than one (1) year and an acquisition cost of Three Hundred Dollars ($300.00) or more per unit. SUBRECIPIENT shall not purchase or agree to purchase non-expendable property without the prior written approval of WOODLAND. Upon completion or early termination of this Agreement, WOODLAND reserves the right to determine the final disposition of such non-expendable property in compliance with applicable laws and regulations. Such disposition may include, but is not limited to, WOODLAND taking possession of such non-expendable property.

Section 21. Expendable Property. Expendable property refers to all tangible personal property other than non-expendable personal property. SUBRECIPIENT shall not purchase or agree to purchase expendable personal property at a cost of Three Hundred Dollars ($300.00) or more per unit without the prior written approval of WOODLAND.

Section 22. Purchase or Lease of Non-Expendable Property or Equipment.

SUBRECIPIENT shall obtain three documented bids prior to purchasing or leasing any non-expendable property or equipment over Three Hundred Dollars ($300.00) in unit value. SUBRECIPIENT shall purchase or lease from the lowest responsive and responsible bidder. All equipment that has a purchase or lease price of over Fifty Dollars ($50.00) in unit-value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price. Such inventory shall be provided to WOODLAND as well as being available for inspection and audit upon the request of WOODLAND.

Section 23. Travel and Conference Restrictions. SUBRECIPIENT covenants and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement.

Section 24. Privacy. SUBRECIPIENT agrees and shall ensure that no information about or obtained from any person receiving services hereunder shall be voluntarily disclosed in any form identifiable with such person without first obtaining the written consent of such person.

Section 25. Drug Free Workplace.

26.1 Certification. SUBRECIPIENT hereby certifies to WOODLAND that SUBRECIPIENT will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in SUBRECIPIENT’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

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25 B. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by sub-paragraph A.;
C. Notifying the employee in the statement required by sub-paragraph A. that, as a condition of employment under the grant, the employee will:
i. Abide by the terms of the statement; and
ii. Notify SUBRECIPIENT of any criminal drug
statute conviction for a violation occurring in the
workplace no later than five (5) calendar days after
such conviction;
D. Notifying WOODLAND within ten (10) days after receiving notice of a conviction under sub-paragraph C. ii. from an employee or otherwise receiving actual notice of such conviction; E. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by 41 U.S.C. 703; and F. Making a good faith effort to continue to maintain a drug-free workplace through implementation of sub-paragraphs A., B., C., D., and E.

Section 26.2 Suspension. SUBRECIPIENT acknowledges and agrees that this Agreement shall be subject to suspension of payment or termination, or both, and SUBRECIPIENT shall be subject to suspension or debarment if the Community Development Director of WOODLAND or official designee determines, in writing, that:

A. SUBRECIPIENT has made false certification under Section 26.1; B. SUBRECIPIENT violates such certification by failing to carry out the requirements of sub-paragraphs A., B., C., D., E., or F. of Section

26.1; or
C. Such a number of SUBRECIPIENT’s employees have been convicted of violations of criminal drug statutes for violation occurring in the workplace as to indicate that SUBRECIPIENT has failed to make a good faith effort to provide a drug-free workplace as required by Section 26.1.

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26 EXHIBIT D—SCHEDULE OF PERFORMANCE
Services to be provided in accordance with this Agreement including Permanent Supportive Housing shall be performed within the term of this Agreement commencing on February 1, 2023 and terminating on January 31, 2024.

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27 EXHIBIT E—OPERATING BUDGET
The following table illustrates SUBRECIPIENT’s Operating Budget as approved by WOODLAND and the United States Department of Housing and Urban Development.

CoC
Request
Applicant
Cash+
Total Project
Budget+

1. Rental Assistance $171,396 $171,396
2 Supportive Services* $65,143 $65,143

3. Operating Costs** $94,691 $94,691

4. HMIS *** $0 $0

5. Subrecipient Administrative Costs **** $8,472 $8,472

6. City Administrative Costs $8,472 $8,472

7. Total CoC Request (total lines 5 and 6) $348,174 $348,174 * By law, CoC can pay no more than 80% of the total supportive services budget. ** By law, CoC can pay no more than 75% of the total operating budget. *** By law, CoC can pay no more than 5% of the total HMIS request. **** By law, at least 50% of administrative costs must be shared with the subrecipient.

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: August 15, 2023
ITEM #: J.19
SUBJECT: Appropriation of Recreation Enterprise Funds for Carpet Replacement Project at Woodland
Community & Senior Center

Recommendation for Action: Staff recommends that the City Council approve Resolution No. _____, authorizing the appropriation of $85,000 from the Recreation Enterprise Fund (2253) for the installation of carpet at the Community & Senior Center.

Staff Contact
Dallas Tringali, Community Services Program Manager – (530) 661-2005, [email protected]

Fiscal Impact
Recreation Enterprise Fund fees are collected from youth, adult, and senior programs implemented by the Community Services Department (such as youth and adult basketball, summer camps, and senior programs). Many expenses to operate these programs are taken from the Recreation Enterprise Fund (with the exception of full-time staff costs). Because all of the expenses to operate the programs are not charged to the Recreation Enterprise Fund, there is a small balance annually that is held in the Recreation Enterprise Reserve. Funds from the reserve are being requested to pay for the installation of a new carpet at the Community & Senior Center. The expense to replace all of the carpet at the Community & Senior Center is approximately $85,000.

Background
The Woodland Community & Senior Center opened on March 3, 2007. The facility is over 55,000 square feet, and about 12,000 square feet is carpeted. It is recommended that commercial carpets be replaced every 15 years maximum (the facility has now been open over 16 years).

Discussion
After 16 years of fairly-heavy use, the carpets throughout the Community & Senior Center are due for replacement. There are several damaged areas throughout the facility from regular wear and tear.

Staff consulted with three businesses and one business submitted a quote for just under $85,000.

This will replace the carpets in the meeting rooms, hallways, senior center, and staff offices. As staff that oversee programs that provide revenue to the Recreation Enterprise Fund are housed in the Community & Senior Center, and the programs that provide revenue to the Recreation Enterprise Fund are located in the Community & Senior Center, use of these funds to replace carpet is an appropriate use.

Conclusion
Staff recommends that the City Council approve Resolution No. _____, authorizing the appropriation of $85,000 from the Recreation Enterprise Fund (2253) for the installation of carpet at the Community & Senior Center.

Prepared by: Dallas Tringali, Community Services Program Manager

Reviewed by: Christine Engel, Community Services Director

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Attachments:

1. Resolution 2023 Carpet Project

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

AUTHORIZING THE CITY OF WOODLAND TO APPROPRIATE FUNDS FROM THE

RECREATION ENTERPRISE FUND FOR THE INSTALLATION OF CARPET AT THE

WOODLAND COMMUNITY & SENIOR CENTER
WHEREAS,The Woodland Community & Senior Center opened in March 2007; and WHEREAS,The facility was built to host large events, programs, and important business meetings for Woodland and the Northern California region; and WHEREAS,The industrial carpet installed throughout the building has worn down due to heavy use after over 16 years; and
WHEREAS,The Recreation Enterprise Fund is used to operate Community Service programs for all ages; and
WHEREAS,The Recreation Enterprise Fund has amassed a surplus of revenues from those programs that utilize the Woodland Community & Senior Center heavily.

NOW THEREFORE, BE IT RESOLVED that the City Council authorize the appropriation of $85,000 from the Recreation Enterprise Fund (2253) for the installation of carpet at the Community & Senior Center.

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 15th day of August, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Fernandez, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: August 15, 2023
ITEM #: J.20
SUBJECT: Authorization of Appropriation Funds from Water Fund Balance to Replace the Water Distribution
Crane Truck and Authorizing the City Manager to
Enter into a Contract with Woodland Ford for its
Purchase

Recommendation for Action: Staff recommends that the City Council approve Resolution No. _____, authorizing the appropriation of $309,725 from Water Enterprise Fund (2210) and the same $309,725 from the Equipment Replacement Fund (2012) where funds will be spent to replace the crane truck #4-002 and authorize entering into a contract with Woodland Ford for its purchase.

Staff Contact
Reece, Fleet & Facilities Manager, [email protected], 530-661-5828

Fiscal Impact
The total purchase price for the vehicle replacement is $309,725. The funds will be transferred from the Water Enterprise Fund (2210) to the City’s Equipment Replacement Fund (2012) where funds will be used to replace the existing crane truck.

Background
This crane truck will replace the existing one as scheduled. The chassis is a Ford F550 with 6.7L Power Stroke diesel retailing for $64,165. The chassis will receive a specially constructed AutoCrane Titan 38 body with HC-6 crane. The vehicle will also come equipped with a Vanair 125 cfm air compressor and Miller Welder and Suitcase Wire Feeder as well as all safety equipment for a total upfitting cost of $225,108. Taxes and fees make up the balance of the Fund 012 allocation. A notice soliciting bids for this vehicle was advertised on May 8, 2023. The city was contacted by 3 vendors about this vehicle. One vendor failed to provide a bid, another provided a bid of $321,431.65 after the bidding period had closed on May 26, 2023. Woodland Ford submitted the lowest responsible bid at $309,725. If approved by council, the city can expect delivery in September 2024.This vehicle was previously leased, and as a result funding for its replacement was not collected as with purchased vehicles. The Water Fund (2210) has sufficient fund balance to absorb the purchase cost. Beginning FY2025, the water fund budget will include an annual set aside of $35,000 for replacement in addition to an initial operational set aside of $8,000 for fuel and maintenance, with future set aside amounts based on previous vehicle history.

Discussion
A crane truck is a necessary piece of equipment for the operation of the water department. The crane truck should be used for any item over 50 lbs., and there are many heavy components in the distribution system that require precision positioning, including large meters, PCC vaults, hydrants, large gate valves to name a few. The torch is used for cutting corroded bolts off valves and other flanges, as well as for repairs at the City’s well sites and other facilities. Because of the wide variety of uses for this vehicle, the crane truck received substantial use. Water Division's current crane truck is a 2008 model with over 80,000 miles. Additionally, the engine often spends hours running without the truck moving to operate the crane and other equipment. The current truck is starting to experience frequent mechanical failures including transmission issues.

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Although the vehicle is budgeted for FY 23/24, due to its price the purchase requires separate Council action. Per the City’s Purchasing Ordinance, all materials, supplies and equipment purchases greater than $50,000 must be awarded by the City Council. Fleet Services will create a purchase order for the vehicle upon Council approval. Woodland Ford will place the vehicle on order once the purchase order is received from the city.

Conclusion
Staff recommends that the City Council approve Resolution No. _____, authorizing the appropriation of $309,725 from Water Enterprise Fund (2210) and the same $309,725 from the Equipment Replacement Fund (2012) where funds will be spent to replace the crane truck #4-002 and authorize entering into a contract with Woodland Ford for its purchase.

Prepared by: Reece Ulrich, Fleet & Facilities Manager

Reviewed by: Craig Locke, Public Works Director

Attachments:

1. 23.08.15 - Crane Truck Purchase Resolution-Final

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RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND TO AUTHORIZE THE APPROPRIATION OF $309,725 FROM WATER FUND BALANCE (2210) AND THE SAME $309,725 FROM THE EQUIPMENT REPLACEMENT FUND (2012) WHERE FUNDS WILL BE SPENT TO REPLACE CRANE TRUCK #4-002 AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH

WOODLAND FORD FOR ITS PURCHASE

WHEREAS, the City of Woodland staff wishes to purchase a replacement Crane Truck in the amount of $309,725 with a replacement term of 15 years; WHEREAS, the purchase will be funded from the water fund reserve balance ($309,725); and;
WHEREAS, the City Staff determined that a suitable replacement vehicle will have an extended build time staff has concerns about the current vehicle’s reliability; and; WHEREAS, the vehicle will be purchased through Woodland Ford a local business; and; WHEREAS, the vehicle will be purchased within the City’s Purchasing Ordinance requirements; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND: hereby approves an appropriation of $309,725 from Water Fund (2210) and the same $309,725 from the Equipment Replacement Fund (2012) where funds will be spent to replace the crane truck, and authorizes the City Manager to enter into a contract with Woodland Ford for the purchase of the same.

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 18th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Fernandez, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: August 15, 2023
ITEM #: J.21
SUBJECT: Authorize a sole-source contract for the purchase of replacement Sensus SmartPoint Water Meters,
Radio Transceivers and Subscription Service

Recommendation for Action: Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager to execute sole-source contracts for the purchase of replacement Sensus SmartPoint Water Meters, Radio Transceivers and the annual Subscription Service with AquaMetrics in a total amount not-to-exceed $200,000.00 increasing 5% annually.

Staff Contact
Corey Paulson, Chief Water System Operator, (530) 661-5897, [email protected]

Fiscal Impact
The Water Distribution division annually spends around $200,000.00 on the replacement of meters, smart points and on the annual subscription to the collection software. This amount is included in the budget, so no additional funds are required. The meters and smartpoints being replaced with this budget represent that small percentage of the overall total, only those that fail over the course of the year or ‘off cycle’ meters and batteries that age out. It is important to note that beginning around 2028 a substantial investment must be made to replace 7-10,000 meters which will be nearing the end of their useful life.

Background
In 2004, the Legislature passed AB 2572, requiring all water suppliers to install water meters on all customer connections by January 1, 2025. The law requires all metered services to be billed at a metered rate, so that water bills reflect water consumption. The City of Woodland reviewed the available metering systems and decided to go with Sensus, which is now 18,129 meters in the system.

The metering system itself consists of two components, the current meter and the data collection system.

The meter is the mechanical device that measures the volume of water used by a customer and uses a positive displacement technology called a nutating disc. These are the most accurate and longest lasting of the positive displacement measuring devices. As these meters age, usually around 20 years, they begin to under read the water being consumed.

The measured flow through the meter is relayed to the City through the smartpoint. This device takes the mechanical reading from the meter, converts it to digital data and transmits it to the city finance department using a unique code associated with the meter and the account. Prior to this technology, meters were manually read by city staff, an undertaking requiring a significant amount of labor. Today, hourly readings from each meter are conveyed from a smartpoint to the City via a radio network of collectors, and that information is transmitted to the billing software.

The information delivery process is managed by proprietary software requiring an annual subscription.

Discussion
City staff replace some of the mechanical components of the system (meters and endpoints) due to age, breakdowns or vandalism every year. Typically, the water department maintains a supply of all of these components on hand. With recent supply chain disturbances, staff have attempted to increase the city supply so that these components are always available. All of the components of the system must be used together by a single vendor. There are many brands of meters, smart points and software available, but after careful evaluation, Woodland committed to using the Sensus brand system years ago and has since

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continued to purchase all meter supplies from Sensus. Because the order has grown in quantity and cost due to supply chain issues, and because this is a sole source procurement, staff is bringing this resolution to Council to obtain authorization for these transactions. Staff is requesting a 5-year contract for Sensus meters, smartpoints and software subscription with an initial total purchase of $200,000 escalating 5% every year.

California case law excuses compliance with competitive bidding requirements in exceptional circumstances such as where requests for competitive bids would be futile, unavailing, or would produce an advantage (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631). Furthermore, Woodland Municipal Code Section 3.32.140 provides that the City Manager may approve of the waiver of competitive bidding when, inter alia, (1) there is no competitive market, (2) the purpose of competitive bidding is otherwise accomplished, or (3) when otherwise authorized by law (the “Exceptions”). The City Manager has made this determination and the staff recommends the Council ratify the City Manager’s determination and approve the sole source purchase of meters, endpoints and software from Sensus.

Conclusion
Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager to execute sole-source contracts for the purchase of replacement Sensus SmartPoint Water Meters, Radio Transceivers and the annual Subscription Service with AquaMetrics in a total amount not-to-exceed $200,000.00 annually.

Prepared by:

Corey Paulson, Chief Water System Operator.

Reviewed by:

Craig Locke, Public Works Director

Attachments:

1. 23.08.08 - Sole Source Smart Points Resolution Final BBK

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RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND ADOPTING AND APPROVING THE CITY MANAGER’S DETERMINATION THAT THE SOLE-SOURCE

PURCHASE OF REPLACEMENT SENSUS SMARTPOINT WATER METERS, RADIO TRANSCEIVERS AND SUBSCRIPTION SERVICE, IS IN THE CITY’S BEST INTERESTS, AND

APPROVING THE AWARD OF CONTRACTS WITH AQUAMETRICS, FOR THE SAME WHEREAS, there are many manufacturers of metering and data collection systems with a variety of advantages and disadvantages; and
WHEREAS, for more than a decade the City of Woodland (“City”) using the meters and data collection provided by Sensus; and
WHEREAS, the decision to use a parallel system would require the installation of communications infrastructure and software prior to the installation of meters and smart points and pose substantial interoperability difficulty with the City’s existing infrastructure; and WHEREAS, the City of Woodland Water Department must replace a portion of these meters every year due to failures and the aging out of ‘off cycle’ meters; and
WHEREAS, the increased difficulty in obtaining these components combined with increased cost has made the City of Woodland Water Department increase purchasing of these parts; and WHEREAS, since all of the components are from a single manufacturer and are purchased annually, staff requests a blanket purchase authorization for the next 5 years for $200,000 increasing 5% annually; and WHEREAS, Woodland Municipal Code section 3.32.140 provides that the City Manager may approve of the waiver of competitive bidding when, inter alia, (1) there is no competitive market, (2) the purpose of competitive bidding is otherwise accomplished, or (3) when otherwise authorized by law (the “Exceptions”); and
WHEREAS, the City Manager has determined that the waiver of competitive bidding for water meters, smartpoints and software from Aqua-Metrics for the measurement and billing of potable water delivered to City accounts is in the best interests of the City and its administrative operations based on the foregoing facts and authorized by applicable law and the Woodland Municipal Code as set forth above and below; and WHEREAS, California case law excuses compliance with competitive bidding requirements in exceptional circumstances such as where requests for competitive bids would be futile, unavailing, or would produce an advantage (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631); and WHEREAS, California case law specifically excuses compliance with competitive bidding requirements when necessary to match other products in use that are only available from a single source (Hodgman v City of San Diego (1942) 53 Cal.App.2d 610); and
WHEREAS, this authorization shall be for FY 24 and is in a total amount not-to-exceed $200,000.00 increasing 5% annually; and

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WHEREAS, funding for these purchases has been previously approved in the current FY24 budget, and no additional funds are being requested.

NOW, THEREFORE, BE IT RESOLVED
SECTION 1.The above recitals are true and correct and adopted herein by this reference.

SECTION 2.That the City Council hereby approves and adopts the City Manager’s determination with respect the sole-source purchase of water meters, smartpoints and software from Aqua-Metrics for the measurement and billing of potable water delivered to City accounts in an amount not-to-exceed $200,000.00.

SECTION 3.That the City Council hereby authorizes the City Manager to execute sole source contracts with Aqua-Metrics, in an amount not-to-exceed $200,000.00, for the purchase of water meters, smartpoints and software.

PASSED AND ADOPTED this 15th day of August, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Victoria Fernandez Mayor
APPROVED AS TO FORM:
_________________________________________
Ethan Walsh Ueda, City Attorney
ATTEST:_________________________________________
Ana Gonzalez, City Clerk

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: August 15, 2023
ITEM #: J.22
SUBJECT: Water Supply Assessment for the Woodland
Research and Technology Park Specific Plan Project

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, approving the Water Supply Assessment for the proposed Woodland Research and Technology Park Specific Plan project.

Staff Contact:

Erika Bumgardner, Principal Planner, (530) 661-5886, [email protected] Tim Busch, Principal Engineer, Principal Utilities Civil Engineer, (530) 661-5963

Fiscal Impact:

There is no fiscal impact related to this specific Council item.

Background
California law requires detailed information regarding water availability to be provided to city and county decision makers prior to approval of specified large development projects. The purpose of a Water Supply Assessment (WSA) is to ensure that prudent water supply planning has been conducted, and that planned water supplies are adequate to meet existing demands, anticipated demands from approved projects and tentative maps, and the demands of proposed projects. The agency approving a major development project must provide a written verification of sufficient water prior to approving the project.

Discussion:

Pursuant to Sections 10910-10915 (SB-610) of the California Water Code, the Woodland Research and Technology Park (WRTP) Specific Plan project meets the threshold requirements for an assessment of water supply availability based on the amount of water the project would require, which would be greater than the amount required by a 500 dwelling unit project or 250,000 square foot commercial development. The WRTP was included in the City's 2015 and 2020 Urban Water Management Plans and was included in the planning documents for the City's Surface Water Project.

A WSA was prepared for the WRTP Specific Plan in November 2019 and updated in August 2023 (Attachment 2) based on supply and demand assumptions developed in the City’s UWMPs. The 2020 UWMP concludes that the City has and will continue to have adequate water supplies to serve existing demand within the Urban Limit Line during normal, single dry and multiple dry years over a 20-year period.

The City recently completed a major expansion of the water system and uses treated Sacramento River water through the Woodland-Davis Clean Water Agency. The City also constructed three aquifer storage and recovery wells to provide surface water quality during peak demands and future drought periods. The City does maintain several groundwater wells as a backup supply if necessary. This program results in significant improvement in water quality and capacity and is planned for adequate supply through the year 2045.

The WRTP Specific Plan Area is located within the service area for recycled water. The City

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provides Title 22 – tertiary treatment with disinfection level recycled water that is available for a wide variety of uses, including landscape irrigation. The City anticipated recycled water delivery to the project area.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, approving the Water Supply Assessment for the proposed Woodland Research and Technology Park Specific Plan project.

Prepared by: Erika Bumgardner,Principal Planner

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

Attachments:

1. Resolution

2. WRTP Water Supply Assessment

Page 210 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING A

WATER SUPPLY ASSESSMENT FOR THE WOODLAND RESEARCH AND TECHNOLOGY

PARK SPECIFIC PLAN PROJECT
APN: 041-080-022; 041-020-010, -017, -030, -031, -042, -043 WHEREAS, On March 6, 2017, the City received Planning Application PLNG170017 for the Woodland Research and Technology Park (“WRTP”) Specific Plan (“Specific Plan”). The project, initiated by the majority landowner within the Specific Plan area boundary and in communication with the remaining three property owners, encompasses 351 acres southeast of Farmer’s Central Road and State Route 113 (“SR 113”); and
WHEREAS, the Project Area is located outside of but adjoins the current corporate boundary of the City; and
WHEREAS, the City of Woodland (“City”) adopted an extensive General Plan update in May 2017, which designated the 351 acre project site as Specific Plan Area 1A (“SP-1A”); and WHEREAS, the 2035 General Plan envisions that SP-1A (and SP-1B) will be developed as “mixed-use neighborhoods anchored by a research and technology business park in the ‘Southern Gateway;’” and
WHEREAS, General Plan Land Use Policy 2.L.2 directs the development of SP-1A as a mixed- residential district anchored by a research and technology business park in the South Gateway area at County Road 25A and SR 113 and assumes 2.16 million square feet of nonresidential building space and 1,600 housing units within new growth area; and
WHEREAS, the proposed WRTP Specific Plan is consistent with these assumptions, and provides the development framework for a mix of land uses including a business/technology park, office, retail and housing of varying densities; and
WHEREAS, the proposed Prezoning of the Project Area is consistent with the 2035 General Plan policies, vision and development assumptions for the SP-1A Specific Plan area; and WHEREAS, the Project Area is located within the City’s 2006 voter approved Urban Limit Line, but outside of the current municipal boundary/city limit; and WHEREAS, it is the desire of the property owners that the 351 acre plan area be annexed into the city limit; and
WHEREAS, on January 24, 2019, the Yolo Local Agency Formation Commission (“LAFCo”) ratified the adoption of the 2018 Municipal Service Review (“MSR”) and Sphere of Influence (“SOI”) Update for the City, incorporating the entirety of the Project Area into the City’s SOI and adopting an SOI update that aligns the City’s SOI to coincide with the Urban Limit Line; and WHEREAS, the City determined that the Project is subject to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq.; and

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WHEREAS, on June 16, 2017, the City released a Notice of Preparation for an Environmental Impact Report (“EIR”); and
WHEREAS, on May 14, 2021, the City released a Notice of Availability for the EIR, and accepted public comments through July 2, 2021; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 17, 2021, as required by law to consider all of the information presented by staff and public testimony presented in writing, and provide comments on the Draft EIR; and
WHEREAS, the City owns and operates a public water system as defined by Water Code section 10912, part of the set of statutes regarding water supply planning enacted by California Senate Bill 610 (“SB 610”); and
WHEREAS, SB 610 requires the preparation and approval by the City Council of a “Water Supply Assessment” or “WSA” in connection with the approval of any residential development of more than 500 dwelling units, or any commercial project with more than 500,000 square feet of floor space, among other types of projects; and
WHEREAS, the proposed WRTP Specific Plan would allow for approximately 1600 dwelling units and 2.2 million square feet of non-residential space, thereby requiring the preparation of a water supply assessment; and
WHEREAS, a Water Supply Assessment was prepared for the Project and is consistent with the City’s 2020 Urban Water Management Plan (“UWMP”) and was included in the planning documents for the City’s Surface Water Project. The WSA analyzed the City’s hydrologic conditions and compared them to the water demand at project build-out, in addition to the City’s existing and planned future demands. As detailed in the WSA, the estimated demand for the WRTP Specific Plan, consisting of approximately 329 acres of mixed use development, is approximately 1,384 acre-ft/year. The WSA (Exhibit A), certifies that the City has sufficient water supplies for the project during normal, single dry and multiple dry years of a 20-year period; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Woodland does hereby resolve, determine, find and order as follows:

1. The City Council finds that the foregoing recitals are true and correct, and are hereby incorporated into this Resolution.

2. The WSA assesses the reliability of each of the City’s individual water supplies (groundwater, surface water, imported water and recycled water) during normal, single dry, and multiple dry years. The WSA concludes that the City’s diversified portfolio of water supplies and conjunctive management of groundwater and surface water increases the overall reliability of the City’s water supplies during times of water shortage. The WSA concludes that the City’s existing and projected water supplies are sufficient during normal, single dry, and multiple dry water years during the 20-year study period to meet the project water demands of the Project, in addition to the City’s existing and planned future uses.

Therefore, sufficient water supplies are available to service the Project.

3. Based on the entire administrative record, including but not limited to the 2020 Urban Water Management Plan and the Water Supply Assessment, and pursuant to the requirements of Water Code sections 10910 et seq, it is determined that the City’s total projected water supplies available during

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normal, single dry, and multiple dry water years during the 20-year projection will meet the existing and planned future uses, and the City Council hereby approves the WSA for the WRTP Specific Plan, a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference.

4. The WSA shall not create a water right and shall not constitute a guarantee that water will be available on a constant basis, as supply is subject to emergencies, natural disasters, or other events not subject to the control of the City of Woodland. Water service shall also subject to applicable fees and charges as they become due, the completion of such improvements as may be needed to provide service, and compliance with such water conservation requirements and conditions of service that may apply to the Project.

5. Pursuant to the requirements of Water Code Section 10910 et seq., the City Council hereby approves the WSA prepared for the proposed WRTP Specific Plan.

PASSED AND ADOPTED, by the City Council of the City of Woodland at a regular meeting of the City Council held on the 15th day of August 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________________
Vicky Fernandez, Mayor
ATTEST:
_____________________________________
Ana B. Gonzalez, City Clerk
Exhibit A – Water Supply Assessment

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Exhibit A
[Insert Water Supply Assessment]

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: August 15, 2023
ITEM #: K.23
SUBJECT: Beeghly Ranch Lot D and Lot G (Tim Lewis - Revival) Development Agreement Amendment

Recommendation for Action: Staff recommends that the City Council:
1) Hold a public hearing; and 2) introduce and waive the first reading of Ordinance No. approving the First Amendment to the project Development Agreement #20-02 between TL REVIVAL, L.P, (Tim Lewis Consulting) and the City of Woodland to allow the payment of affordable housing fees in lieu of constructing the remaining required 14 affordable inclusionary housing units.

Staff Contact:

Cindy Norris, Principal Planner (530) 661-5911, [email protected]

Fiscal Impact:

All application processing costs have been paid for by the applicant. The approved project Tentative Subdivision Maps for Lots D (TSM #5196) and G (TSM #5197) provide for 72 lots on the two multi- family R-15 sites. The project Development Agreement (DA) requires the construction of the 17 required affordable units. The proposed application requests to pay fees in lieu of constructing the remaining 14 affordable homes. The proposed fee is $39,000 per affordable unit, which will be paid in a lump sum equivalent to $546,000, 30 days after the approval of the second reading of the First Amendment to Development Agreement# 20-02, Attachment 2. In addition, the project DA includes a negotiated fee payment for a general-purpose fee of $3,000 per unit for a total sum of $216,000. All fees are subject to CCI increases.

Background:

The entire SLSP area was pre-zoned under Ordinance No. 1346, adopted on July 2, 2002. The 5.0 acres of Lot D and 0.9 acres on Lot G were pre-zoned R-15/Multi-Family Residential with an allowed density between 10 and 15 units per acre. The subject properties were historically part of the Beeghly Vesting Tentative Subdivision Map No 4669 and the Development Agreement approved January 13, 2004. Lot D was approved with the assumption that it would be developed with 75 units (15 units/acre) and Lot G was approved as an affordable cluster with 10 units (11 units/acre).

Lot D is located at the northwest corner of Marston Drive and Parkland Avenue. Lot G is located southeast of the intersection of Parkland Avenue and Heritage Parkway, with access from Stewart Circle.

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Lot D (TSM #5196) Lot G (TSM #5197)

At its October 15, 2020 meeting, the City Council approved Tentative Subdivision Maps #5196 and #5197 and Ordinance No.1668, approving the Development Agreement #20-02 between TL Partners X, LP, (Tim Lewis Consulting) and the City of Woodland. The project approval allowed for the development of 72 single-family lots; 62 on Lot D and 10 on Lot G. The project was required to enter into an Inclusionary Housing Agreement to provide 17 low-income housing units, with the stipulation that the units are to be constructed and shall not be subject to the payment of in-lieu fees in the event that the affordable units are not sold as affordable units. This stipulation was added at the time of project approval by the developer, as opposed to the option of allowing payment of in-lieu fees as suggested by the City. The Inclusionary Housing Agreement (IHA) was approved on May 25, 2021 and recorded on June 23, 2021. The IHA was amended on October 5, 2021 to allow the marketing period to begin when building permits are issued.

The first building permits were issued on November 16, 2021 for Lot D. As of the date of this report, 4 permits are in the building permit review process, 35 building permits have been issued, and 22 units have had final inspections approved. A total of 17 units have closed escrow. Three of the units were sold as affordable to median income families in accordance with the provisions of the IHA. No work has been conducted on Lot G.

As part of the process of consideration of the proposed request to pay fees in lieu of constructing the remaining affordable units, the City consulted with Legal Services of Northern California (LSNC). LSNC generally agreed that the payment of fees in lieu of constructing units is appropriate in Spring Lake. Due to costs, taxes, and fees, it is difficult to find and sell homes to qualified low- income households in Spring Lake as compared to the general city. However, LSNC differed in their opinion of the value of the affordable per-unit fee.

Amendment Request:

Tim Lewis Communities (TLC), is the land developer and builder for the small lot single family development known as Revival, for the Beeghly R-15 Lots D and G. TLC is requesting an amendment to the Development Agreement #20-02 (Ord. 1668), to allow for payment of fees for the fulfillment of their remaining inclusionary housing requirement. TLC had an initial obligation to construct 17 affordable units. Three affordable units have been built and sold. TLC is requesting to be able to pay fees in lieu of the sale of the remaining 14 affordable units in an amount consistent with other recently approved R-15 small lot single family projects in Spring Lake, including the Ruby

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Estates and the Parkside project.

At the time the project was approved in October 2020, the City had recommended that the applicant pay fees in lieu of constructing affordable units. Given the market and assumed affordability of the small lot of products, the applicant indicated that they felt the market price would be the same or close to the affordable purchase price and opted not to pay fees. However, due to market changes in the last several years, including rising cost of materials, higher interest rates, and labor shortages, there is now a significant gap between the affordable purchase price and the cost to construct the affordable unit. In addition, TLC has indicated that they have been experiencing slower absorption of the small lot product. As a result, TLC is asking for consideration to pay in-lieu fees similar to those approved for other projects in Spring Lake.

Planning Commission Review
At their regularly scheduled public hearing on July 20, 2023, the Planning Commission considered the applicant’s request. Brielle Mansell from Legal Services gave public comment at the meeting and provided a letter to the Commission (Attachment 8). Upon deliberation, the Planning Commission rejected the original motion as stated in the July 20, 2023 staff report and provided a new motion which states that the City reconsider and further negotiate the Development Agreement Amendment between TL REVIVAL, L.P. (TLC) and the City, to amend Section 4.8 of the Development Agreement #20-02, to allow for the payment of fees in lieu of constructing the remaining affordable housing at a higher amount than recommended. The motion was approved as follows: Ayes (5) (Harris, Lopez, Ortiz, Smith, and McLaughlin); Noes (0); Abstain (2) (Holt and Lizarraga).

Discussion:

Spring Lake Affordable Housing Requirement
The project is subject to the Spring Lake Affordable Housing Plan (SLAHP) multi-family requirement due to the density, even though it is a single family product type. The SLAHP requires that either, ten percent (10%) of all multi-family units be affordable to low-income households and twenty percent (20%) of the units be affordable to very low- income households, or that twenty-five percent (25%) of the multi-family units be affordable to very low-income households. Single family (8 du/ac or less) projects are required to provide ten (10%) of units as affordable.

The two project sites, Lots D and G, were originally part of the larger Beeghly Ranch tentative subdivision map and DA. With the original approval on January 13, 2004, the very low-income obligation was transferred to the high-density multi-family site at the southwest corner of Farmers Central Road and Meikle Avenue. The remaining low-income obligation from the R-4 and R-5 portions of the original Beeghly Vesting Map were transferred to the 0.9 acre cluster (Lot G), resulting in 10 affordable units on this site. Lot D is required to satisfy the remaining 10% low-income affordability requirement by providing an additional seven affordable units, resulting in a total obligation on these two properties for 17 low-income affordable units. The 17 affordable units are to be dispersed throughout both project sites rather than clustered on Lot G.

Early in Spring Lake Specific Plan development, the very low-income obligation was transferred from three R-15 sites, including the Beeghly project, to the Terracina at Spring Lake project. This transfer helped facilitate development of the medium density R-15 product type which can be more difficult to build and sell. In addition, early on, affordable clusters were utilized in the Plan area. However, after the first two affordable clusters were built, the SLAHP Plan was amended to require dispersion of affordable units.

Affordable Housing Marketing Process
Section 2.2.4 of the Inclusionary Housing Agreement (IHA), establishes a 90-day marketing period for prospective low-income purchasers of the inclusionary units. The marketing period begins upon

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the issuance of building permits for each inclusionary unit. If a qualified low-income household has not opened escrow, then the home may be marketed for 60 days to median-income households. In the event that an eligible median income buyer has not opened escrow, then the home may be marketed to a moderate-income buyer. In the event no qualified buyers are found, the unit shall no longer be designated as an Inclusionary Unit. At that point, the unit can be sold at market rate.

The IHA designated 15 of the 62 units in Lot D and two of the ten units in Lot G, as affordable units. Of the 15 affordable units in Lot D, three homes have been purchased by median income homebuyers.

Affordable Purchase Price Analysis
In 2021, the IHA included an analysis for the sale of a three-bedroom home which assumed a mortgage interest rate of 3.25% and a resulting affordable purchase price of $447,458.67. Since execution of the agreement, interest rates have increased to 6.7% or higher, which has resulted in a reduction in the allowed affordable sales price cap to $342,161.80 for the same three-bedroom home as shown below.

Factors that affect the affordable purchase price calculation include the area median income limits and interest rates. Area median income limits are updated each July and increased significantly in 2022 and again in 2023. However, interest rates have increased in that same time frame. Interest rates have an inverse relationship to the formula.

LOW INCOME Affordable Purchase Price Calculation, 6/14/23 # of Bedrooms 3
Assumed # of People in Household 4

Annual Median Income for a Family of 4 at Low Income HUD Calculation 2023 $83,900.00 Gross Monthly Income $6,991.67

Monthly Income for PI Payment $2,097.50
Interest Rate Assumption (HSH.com) 6.7000%
Term of Mortgage (In Months) 360

Mortgage Income can support $325,053.71
5% Down payment $17,108.09
Affordable Purchase Price $342,161.80

What is not taken into account in the SLAHP purchase price calculation for potential homeowners, includes; Insurance, taxes, HOA fees, Mello roos and other assessments, as well as maintenance and other home improvement costs that typically increase over time. To qualify for a loan, individuals either require a larger down payment, or must have little to no debt. As a result, it is very difficult for a lower income household to qualify for a home without significant subsidies.

First Time Homebuyer program (FTHB) General City:

The First Time Home Buyer program (FTHB) is open to qualifying low-income families/individuals (adjusted by household income and household size). The maximum loan amount is $120,000 and

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the loan amount may never exceed more than 49% of the total cost of the home. The maximum purchase price limits for an existing home or condominium is $423,000 and the maximum purchase price limits for a newly constructed home or condominium is $439,000. The maximum purchase amounts are adjusted annually.

The program functions as "gap" funding to assist households achieve homeownership. A family must be approved for a principal loan from a private lender (bank, credit union, etc.) to cover the majority of the home's purchase price. The City's assistance represents a second loan and repayment is deferred for 30 years or upon resale, whichever occurs first. Simple interest at the rate of 3% is charged on the loan and there is an owner-occupancy requirement. Beginning on year 21 of home ownership, the City begins to forgive the accrued interest by 10% annually until year 30. The minimum down payment required by the FTHB program is 1% of the total purchase price. The principal lender may require a separate down payment amount for the principal loan.

In Lieu Fee Use and History
The City’s Affordable Housing Ordinance as well as the Spring Lake Affordable Housing Plan, as amended in 2014, allow the payment of fees in lieu of the construction of units. Fee payments are negotiated through the Development Agreement process and also take into account other fees that may be requested, including general purpose fees.

In-lieu fees are typically calculated by first determining the affordable unit price subsidy and multiplying that by the required number of affordable units, and then spreading the total cost over all of the units in the subdivision, which is then paid at the time of building permit issuance for each unit. In some instances, a lump sum payment may be accepted. In the case of this project, because building has already commenced, a lump sum payment is recommended.

There is a formula included in the SLAHP that provides an In-lieu fee calculation, which is simply the market value less the calculated affordable purchase price. However, in 2015, when housing costs, area income limits, and interest rates were all lower, the AHP formula resulted in little to no in-lieu fee payment. Therefore, at that time, the city developed a fee subsidy which was based upon the amount of city investment required to assist in building an affordable multiple-family unit. The goal was to obtain funds to assist those with the greatest need for housing in the community. From that initial calculation, the fee amount has been increased each year using the Construction Cost Index (CCI) index and carried forward and formed the basis for in-lieu fee negotiations on all future Spring Lake projects.

In addition, in order to encourage higher density single family housing, or missing middle product, the city reduced the per unit affordable fee for higher density single family products. In accordance with the goals of the Specific Plan, the City wishes to encourage a variety of housing options, particularly the small lot product that is considered more affordable by design. Further, the existing R-15 sites in Spring Lake are typically infill situations that have greater design challenges and can experience neighborhood opposition due to higher densities. Unfortunately, the current market has resulted in all housing types being more expensive than imagined even a couple of years before.

Affordable in-lieu fee payments have provided the City with locally generated funds for affordable housing initiatives that do not have the regulatory framework that comes with Federal and State grants and loans. The funds have allowed the city to focus on the goal of assisting in providing housing for those with the greatest need in the community. To date, the use of the generated in-lieu fees has been focused on projects that will result in new affordable multi-family housing and have also been used to assist in the development of emergency shelter housing as identified in Attachment 6, Affordable In-Lieu Fees and City Funds Committed to Date and Units Achieved or Expected.

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Since 2010, the City has committed $16,248,000 in City fund subsidies toward affordable housing projects and programs, including $3,513,000 in affordable housing in-lieu fees. Based on the current housing project entitlements, the City has received over $5,000,000 in in-lieu fees with an additional $3,000,000 estimated through built-out of these projects. In addition, an affordable housing land dedication site in Spring Lake was deeded for the development of a future senior affordable housing project. In-lieu funding allocations to date have resulted in the creation of 540 affordable rental housing units in Woodland as well as the 100-bed emergency shelter at East Beamer Way. The in- lieu fees allowed the City to offer needed matching funds for the non-profit housing developers of these projects to secure other state and federal funding housing funds. Most recently, the City provided $500,000 to Chelsea Investment Company to support the Phase I construction of 72 affordable rental units at W. Main and Ashley that will serve low and very low-income households.

As part of the review of in-lieu fees over time, the city has periodically conducted a survey of area inclusionary requirements and in-lieu fee requirements. This information is summarized in Attachment 7. Each jurisdiction handles inclusionary requirements somewhat differently. In some jurisdictions, the in-lieu fee has been included in the development impact fee schedule for all units on either a per unit basis or as a fee per square foot. Some jurisdictions utilize DAs to negotiate agreements. Two communities charge fees on non-residential projects as well, which acknowledges that the burden should be shared community wide and not placed entirely on the housing developers who are attempting to build homes to assist with the current housing crisis. Further, recent state programs and requirements have required jurisdictions to lessen the burden for new housing development.

In lieu Fee Analysis
The City has approved fees in lieu of construction of affordable units on approximately half of all single family projects in Spring Lake including: Cal West (KB, Lennar, Woodside); Heidrick Ranch (Lennar); Merritt Ranch; Pioneer Village (Lennar); Oyang North and South (Lennar); Spring Lake Central (Taylor Morrison, Lennar, Richmond American, DR Horton); same fee calculation assumption was also used to determine in-lieu fees for the Prudler development (Lennar) which is outside of Spring Lake. In-lieu fees were approved for two of the three entitled R-15 projects in Spring Lake.

The following summarizes the in lieu fee required per affordable unit for two similarly zoned R-15 small lot projects in Spring Lake:
• Parkside 3 - $29,100 (2020); $33,697 (2023 adjusted for CCI) • Ruby Estates - $37,700 (2022); $39,811 (2023 adjusted for CCI) (consistent with the SL AHP formula at that time)

It is noted that Spring Lake has approximately 95% of all development areas entitled with only multi- family sites remaining for entitlement review.

Applicant Request Analysis
TLC has indicated that due to market changes the original assumed affordable purchase price for the project has increased significantly, while at the same time, costs to build have increased as provided in the applicant's information, creating an untenable situation, Attachments 4 & 5. In addition, the applicant has marketed and sold three affordable units to median income households at what they feel was a loss of $69,541 per unit, or $208,624, as compared to originally assumed prices for 2021.

At the outset of the project, the applicant followed the required advertising to solicit potential buyers for the affordable units. In 2022, the marketing interest list included 12 low-income, 4 median- income, and 2 moderate-income households. Individuals on the interest list will be required to go through a new income determination as the federal income limits for Yolo County were adjusted in

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June 2022 and June 2023. It should be noted that not all individuals on the interest list will qualify for the house loan. In April 2023, an individual on the interest list that was determined to be a low- income eligible household successfully purchased an existing home in the City of Woodland with help from the City’s down payment and mortgage assistance program.

The City has consulted with Legal Services of Northern California in the evaluation of the proposed request. Both the City and Legal Services agree that due to the cost and fee structure in Spring Lake, payment of fees in lieu of constructing affordable units is a reasonable alternative. This follows the historical approval path for projects entitled since 2015 in Spring Lake. The applicant is asking to be allowed to pay fees in parity with other similar approved projects in Spring Lake.

Legal Services of Northern California (LSNC) has opined that they feel that, due to higher housing costs in general, the applicant should be required to pay a higher in-lieu fee to address the cost gap than previously required of other developments in Spring Lake, as provided in their letter sent prior to the Planning Commission meeting of July 20, 2023, Attachment 8. In evaluation of the comments provided in the letter from LSNC, the City Attorney has concluded in the attached Memorandum, (Attachment 9), that the City Council has the discretion to approve the proposed Amendment to the Development Agreement and that the payment of in lieu fees is consistent with the City's Affordable Housing Ordinance and Spring Lake Specific Plan. The City Attorney has clarified that consideration of the applicant's request to pay fees in lieu of constructing the affordable units is ultimately a policy decision for the City Council in determining whether to allow an amendment to the original DA.

In addition, the City has received a letter from the North State Building Industry Association in support of jurisdictions' utilization of in-lieu fee programs such as Woodland's as a means to work with the building community to continue to satisfy a range of housing types in the region. (Attachment 10)

Staff recommends allowing the payment of in lieu fees for the remaining 14 affordable units, but does not recommend requiring a significantly higher in-lieu fee for this project as compared to others in the Spring Lake area simply because the timing is such that costs have risen. The cost increases are primarily due to factors that are outside of the development entity’s control, such as financing and cost of materials, which affect all aspects of the housing market. Adding an increased fee burden will likely make it more difficult to build this type of housing product. Further, requiring a significantly higher fee for this one project could place it at a competitive disadvantage and potentially further slow sales absorption of the units. Therefore, staff recommends a fee that is consistent with other similar projects approved in the Plan area, and similar to what the fee would have been if the project had included in-lieu fees in 2020. This includes consideration of the fact that TLC has already built and sold three affordable units at a loss.

Staff proposes a fee payment in lieu of constructing and selling new affordable units of $39,000 per affordable unit, resulting in a lump sum fee payment of $546,000. Because a number of permits have already been issued for the development, if approved, it is recommended that the applicant shall be responsible for payment of the in-lieu fees in a lump sum 30 days after the second reading of the First Amendment to the Development Agreement 20-02.

Conclusion:

Staff recommends that the City Council
1) Hold a public hearing; and 2) introduce and waive the first reading of an Ordinance approving the First Amendment to the project Development Agreement #20-02 between TL REVIVAL, L.P, (Tim Lewis Consulting) and the City of Woodland to allow the payment of affordable housing fees in lieu of constructing the remaining required 14 affordable inclusionary housing units.

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Prepared by: Cindy A. Norris, Principal Planner

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

Attachments:

1. Ordinance TL Revival. First Amendment to DA20-02

2. First Amendment to DA 20-02

3. Beeghly R-15 DA# 20-02

4. TLC Beeghly Application Letter

5. TLC Additional Materials

6. City Housing Subsidies for Multifamily Projects

7. Inclusionary Requirments Survey

8. LSNC Comment Encouraging Rejection of Staff’s Recommendation

9. City Attorney Memorandum to Council re In Lieu Affordable Housing Fees 10 .

BIA Letter In Support of Fair In Lieu Fees

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WOODLAND APPROVING THE FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT 20-02 BETWEEN THE CITY OF
WOODLAND AND TL PARTNERS X, LP (TL REVIVAL, L.P.) FOR THE

BEEGHLY RANCH (REVIVAL) PROJECT IN THE SPRING LAKE AREA FOR TENTATIVE SUBDIVISION MAP NOS. 5196 (LOT D) 5197 (LOT G) 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, CITY and Turn of the Century, LLC (“TOC”) previously entered into that certain Development Agreement (“Original Development Agreement”) on January 13, 2004, recorded on February 17, 2004, approved by the City Council of the City of Woodland on January 13, 2004, and recorded with the Yolo County Recorder’s Office as Document No 204-0008056- 00; and
WHEREAS, CITY and CENTEX and WPHI (each a successor in interest to TOC) entered into a First Amendment to Development Agreement, effective January 16, 2015 (“First Amendment”), which First Amendment provided that the Original Development Agreement remained in full force and effect; and
WHEREAS, Turn of the Century, LLC subsequently transferred its property interests, and associated agreements, to Tim Lewis Communities, TL PARTNERS X, L.P (OWNER). OWNER now owns that certain real property with Yolo County Assessor’s Parcel Numbers 042-574-001 and 042-561-015 (the “Property”); and
WHEREAS, The Amended and Restated Development Agreement 20-02 (hereinafter “Agreement”) was approved 20th day of October, 2020, by and between the City of Woodland, California, a California municipal corporation (“CITY”), and TL Partners X, L.P., a California limited partnership (“OWNER”),and tentative Subdivision Maps 5196 and 5197; and WHEREAS, the OWNER, under a revised ownership structure as TL REVIVAL, L.P., submitted an application to request an amendment to Development Agreement 20-02 to allow the payment of fees for the fulfillment of inclusionary housing requirements outlined in the Development Agreement 20-02 (recorded 2-19-2021) and the Inclusionary Housing Agreement, dated 5-25-2021 (recorded 6-23-2021); and
WHEREAS, Section 4.8 of the project Development Agreement states that, OWNER and CITY agree that this Project requires seventeen (17) R-15 low-income single-family units to be constructed and shall not be subject to the payment of in-lieu fees in the event that the affordable units are not sold as affordable units; and

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WHEREAS, since the project was approved on October 20, 2020, there have been significant changes in the housing market including increases in interest rates and increases in construction costs which have resulted in a situation where the cost burden to support the construction of the affordable units exceeds the cost that would have been borne by paying in-lieu fees initially; and
WHEREAS, the Woodland Planning Commission held a duly noticed public hearing on July 20, 2023, to review and consider recommending to the City Council approval of the proposed Beeghly Ranch Lot D and Lot G Project Development Agreement Amendment to allow the OWNER to pay fees in-lieu of constructing the remaining 14 affordable inclusionary units and recommended to the City Council to allow the payment of fees in lieu of constructing affordable housing at a higher amount than recommended in the staff report for July 19, 2023; and WHEREAS¸ pursuant to California state law and the Woodland Municipal Code, public hearing notices were mailed to all property owners within a three-hundred-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, the Woodland City Council held a duly noticed public hearing on August 15,2023, to review and consider the proposed amendment to Development Agreement 20-02 to allow the payment of fees in lieu of constructing 14 affordable inclusionary units; and WHEREAS, the proposed request does not constitute a project pursuant to Government Code Section 15061 as there is no change to the physical development other than the administrative determination regarding the payment of affordability. The previously approved project is consistent with the Spring Lake Specific Plan Environmental Impact Report (SCH #99022069, Turn of the Century EIR) certified on August 15, 2000 as amended; and WHEREAS, 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; and WHEREAS, the Project is consistent with the goals and policies of the General Plan in providing infill development; 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.

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 Amendment to the Development Agreement attached hereto as Exhibit “2.”

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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 Amendment to 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 Amendment to 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 Amendment to the Development Agreement because the project is consistent with the Environmental Impact Report (CH #99022069, Turn of the Century EIR) on the Spring Lake Specific Plan certified 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 Amendment to the 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.

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PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the August 15, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Vicky Fernandez, Mayor
ATTEST: APPROVED AS TO FORM:

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

Exhibit “1” – First Amendment to Development Agreement #20-02 Exhibit “2” – Amended and Restated Development Agreement #20-02

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1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF WOODLAND AND TL REVIVAL L.P.

This First Amendment to Development Agreement 20-02 (“First Amendment”) is entered into this __th day of ____, by and between the City of Woodland, a California municipal corporation (hereinafter “CITY”) and TL REVIVAL, L.P., a California limited partnership (“OWNER”). City and Owner shall individually be referred to herein as a “party” and together as the “parties.”

RECITALS
WHEREAS, this Amended and Restated Development Agreement 20-02 (hereinafter “Agreement”) was entered into as of this 20th day of October, 2020, by and between the City of Woodland, California, a California municipal corporation (“CITY”), and TL Partners X L.P., a California limited partnership (“OWNER”), each of whom shall be referred to as a “party” and together as the “parties.”
and
WHEREAS, OWNER is the successor in interest to TL Partners X L.P; and WHEREAS, OWNER has provided evidence satisfactory to CITY of Owner’s ownership of the property that is the subject of this First Amendment, and WHEREAS, the Agreement may be amended pursuant to Section 2.5 of the Agreement and Government Code section 65868; and
WHEREAS, the OWNER has requested to amend Section 4.8 of Development Agreement 20-02 in order to pay fees in lieu of constructing the remaining 14 required affordable housing units. Of the 17 originally required affordable units, the OWNER has sold three units to qualified affordable households.

WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Agreement and the changes to the Project pursuant to this Amendment, 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, the City Council finds that this Amendment 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; and
WHEREAS, on July 19, 2023, the City Planning Commission, designated by Woodland Municipal Code Section 2-7-16 as the planning agency for purposes of development agreement

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82093.0018B\9531785.7
review pursuant to Government Code Section 65867, in a duly noticed public hearing, considered this First Amendment and recommended hat the City reconsider and further negotiate the Development Agreement Amendment between TL REVIVAL, L.P. and the City, to amend Section

4.8 of Development Agreement 20-02, to allow for the payment of fees in lieu of construction affordable housing at a higher amount than recommended in the staff report for the July 19, 2023 Planning Commission meeting; and
WHEREAS, following consideration of the aforementioned, the City Council held a noticed public hearing on August 15, 2023 to consider the requested amendment to Section 4.8 to allow the payment of fees in lieu of constructing and selling 14 affordable units which is the subject of this First Amendment.

NOW, THEREFORE, in consideration of the recitals set forth above and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Amendment to Section 2.7. The addresses provided in Section 2.7 of the Agreement are hereby amended to read as follows:

If to CITY: Ken Hiatt, City Manager
City of Woodland
300 First Street
Woodland, CA 95695
With a copy to: Ethan Walsh
Best Best & Krieger LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
If to OWNER: TL Revial, L.P
c/o Tim Lewis Communities/Reed Onate, Forward Planning
Director
3500 Douglas Boulevard, Suite 270
Roseville, CA 95661

2. Amendment to Section 4.8 regarding Affordable Housing. Section 4.8 amended to read as follows:

4.8 Affordable Housing. CITY and OWNER agree that this Project requires seventeen (17) R-15 low-income single-family units. Three (3) units shall be sold to qualifying households. Fees in lieu of constructing shall be paid for the remaining 14 units at an amount of $39,000 per affordable unit, totaling $546,000 to be paid in a lump sum no later than 30 days after the second reading of the Development Agreement

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82093.0018B\9531785.7
Amendment Ordinance. to be constructed and shall not be subject to the payment of in-lieu fees in the event that the affordable units are not sold as affordable units

3. General Provisions.
a. Counterparts. This First Amendment may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document. b. Waiver. No waiver of any provision of this First Amendment shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
c. Governing Law. The validity and interpretation of this First Amendment shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws.
d. Severability. If any term, provision, covenant, or condition of this First Amendment shall be determined invalid, void, or unenforceable, the remainder of this First Amendment shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this First Amendment. e. Authority to Execute. The person or persons executing this First Amendment on behalf of OWNER warrants and represents that he or she/they have the authority to execute this First Amendment on behalf of his or her/their corporation, partnership, or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.
f. Integration. This First Amendment, together with the Agreement, reflects the complete understanding of the parties with respect to the subject matter hereof. Except as expressly modified by this First Amendment, the provisions of the Agreement shall govern the conduct of the parties. 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 First Amendment. To the extent this First Amendment conflicts with the Agreement, this First Amendment supersedes such previous document. In all other respects, the parties reaffirm and ratify all other provisions of the Agreement. g. Incorporation of Amendment. From and after the Effective Date of this First Amendment, wherever the term “Agreement” or “Development Agreement” appears in the Agreement, it shall be read and understood to mean the Agreement as amended by this First Amendment.
h. Defined Terms. All initially capitalized terms used, but not otherwise defined, herein shall have the meanings ascribed to such terms in the Agreement.

4. Effective Date. The City Council, following a duly noticed public hearing, has authorized the execution of this First Amendment by its City Manager and attestation by its City

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82093.0018B\9531785.7
Clerk pursuant to the authority of Ordinance No.1579 (the “Adopting Ordinance”) adopted by the City Council of the City of Woodland on August 15, 2023. This First Amendment shall be effective upon the later of thirty (30) days after the adoption of the Ordinance or full execution of this First Amendment by the parties hereto.

5. Memorandum. The City Clerk shall record a Memorandum of this First Amendment in the Official Records of Yolo County within ten days following the Amendment Effective Date.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day and year set forth below.

CITY:

By: Approved as to Form:

Its:

Attest: Best Best & Krieger LLP, City Attorney
Ana B. Gonzalez, City Clerk
OWNER:

By: _______________________
Name: ____________________
Its: _______________________

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82093.0018B\9531785.7

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

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82093.0018B\9531785.7

EXHIBIT B

MAP OF PROPERTY AND ITS LOCATION

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82093.0018B\9531785.7

EXHIBIT C
Amended and Restated Development Agreement 20-02 (10.20.2020)

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82093.0018B\9531785.7

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Beeghly Ranch (Revival Estates): Application
to Modify Inclusionary Housing Agreement
• Tim Lewis Communities is a local private builder with over 40 years home building history in N. California based out of Roseville, CA.
• Our most recent award winning community was built on the old Sutter Hospital property in Sacramento, called Sutter Park (including a Building Industry Assoc. award for best neighborhood of the year & Sacramento Urban Land Institute Project of the Year 2022) • Home prices have dropped between $50K to $100K since Mortgage Rate changes to 7% +/- vs. 3.25% when D.A. was signed.
• Requesting change to allow an Inclusionary Housing Fee comparable and equitable to Ruby Estates & Parkside (R-15 Projects) @ $39,000/Inclusionary Unit, to be paid in lump sum to support sheltering those with the greatest need today.
• Construction Costs Increased Since Yr. 2020-2022 at a rate of 30% +/- • Mortgage Rates at 3.25% was assumption in original IHA that determined inclusionary house price.
• Absorption rates are falling
(Sales @ 1 unit/mo currently estimated; from a 4 unit/mo typical sales rate assumption) 7/19/2023 1

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Revival - Beegly Ranch, Woodland, CA

CONSTRUCTION COST INCREASE REVIEW
Plan # SF
Jan. 2020 Proforma Vert.

Cost per SF (no fees)
Sept. 2022 Vert. Costs
Per SF (no fees)
% Difference
(Jan.20' to
Sept.22')
Plan 1 Est.

Vert.

Construction
Cost Yr. 2020
Plan 1 Est.

Vert.

Construction
Cost Yr. 2022 Difference
P1 1,447 106.04$ 138.22$ 30% 153,446.00$ 200,004.34$ 46,558.34$ P2 1,668 101.44$ 130.39$ 29% P3 1,760 97.48$ 131.47$ 35% P4 1,924 93.78$ 123.86$ 32% Average / SF Cost: 99.69$ 130.99$ 31% 7/19/2023 2

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7/19/2023 3

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7/19/2023 4

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7/19/2023 5

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BPP = BUILDING PERMIT PENDING (8)
S = SOLD UNIT (18)
(Escrow Closed)S
CO
S
S
S
S
S
S
(72) Units
Status as of 8-7-2023
S
CO = CERT. OF OCCUPANCY ISSUED (6)
S
S
S
S
S
S
S
S
CO CO
CO
COCO
S

BPP BPP BPP BPP
7/19/2023 6

BPP BPP BPP BPP
S

Page 304 ends

Affordable In-Lieu Fees and City Funds Committed to Date and Units Achieved or Expected Project City Funds Committed Notes
Gracewood
Commons
$900,000 (land dedication value) Project site will result in the construction of a senior citizen rental project with 112 units for low- and very low-income households; residential yield may increase to 146 units with density bonus.

Vista del Robles $500,000 Funding provided from in-lieu fees to support construction of 72-unit rental project serving low- and very low-income households. (Project under construction.)
East Beamer Way
Permanent
Support Housing
$1,482,000 Funding from in-lieu ($1,222,000) and Spring Lake Off-Site ($260,000) fees to support the construction of 61
permanent supportive housing units for extremely low-
income homeless individuals. Non-City funds in support of the project include a $679,972 grant awarded the City from Partnership HealthPlan of California and a $15,770,467
Homekey grant awarded the City by the State. (Project
owner Friends of the Mission was the co-applicant for the Homekey grant). (City funding of $1,482,000 does not
include the donation of City land for the housing
development.) (Project opened in 2022.)
East Beamer Way
Emergency Shelter
$1,035,000 Funding (in-lieu fees of $751,000, Spring Lake off-site fees of $149,000, and use of housing assistance funds in the approximate amount of $135,000) supported the
development/construction of a new 100-bed shelter for
homeless adult women and men. (City funding of
$1,035,000 does not include donation of City land for
shelter and use of Community Development Block Grant
resources for purchase of commercial modular trailers to provide restrooms, showers, laundry, and kitchen for the shelter operations.) (Shelter opened in 2021.)
Mutual Housing at
Spring Lake
$2,410,000 Funding provided from in-lieu ($140,000) and Spring Lake Off-Site fees ($2,270,000) for support of 101-unit rental project serving low- and very low-income farmworker
households. (Phase 1 opened in 2015 and Phase 2 opened in 2019.)
Rochdale Grange $4,000,000 Funding from $4,000,000 loan (HOME grant awarded the City) for 44-unit rental project serving very low-income and extremely low-income households. (Project opened in
2011.)
Terracina at Spring
Lake
$5,921,000 Funding from $4,189,000 loan (HOME grant awarded the City) and $1,732,000 land/cash donation (Spring Lake
Infrastructure Fund credits and conveyance of land to City by other Spring Lake developers.) for construction of 156- unit rental project serving low- and very low-income
households. (Project opened in 2007.)

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Subtotal In-Lieu
Fees
$3,513,000
Total all City Funds
Subsidy
$16,248,000 Amount does not include value of City-donated land for East Beamer Way (Emergency Shelter and Permanent
Supportive Housing projects) and use of Partnership grant for Permanent Supportive Housing project.

Housing Units
Expected
540 Total does not include the 100-bed shelter provided through the Emergency Shelter project and total number
of housing units will increase to 574 if a density bonus is used for Gracewood Commons.

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Table 1: Inclusionary Housing Requirements
Single Family For-sale Multifamily Rental Multifamily For-sale Davis (Ord 2545) Market rate SF detached
25% for lots larger than 5,000 sq ft, or
15% for lots smaller than 5,000 sq ft.

Market rate SF attached
10 % of units
Allows consideration to adjust or waive
requirements based on findings.

Projects totaling 5-19 units
15% low income
10% very low income
No requirement proposed for 2023
Projects totaling 20+ units
25% low income
10% very low income
15% (5% very low, 5% low, 5%
moderate) Proposed
Allows a project individualized program
Must remain affordable in perpetuity
Market rate stacked condo ownership units
5% of units
Vertical Mixed Use
5% of units
Elk Grove No inclusionary requirement; subject to
impact fee
No inclusionary requirement; subject to
impact fee
No inclusionary requirement; subject to
impact fee
Folsom 10 or more units
10% [3% (50% AMI), 7%
(80% AMI)]
10 or more units
10% [3% (50% AMI), 7%
(80% AMI)]
*these requirements only come into effect if
the developer receives funding assistance
from the city
10 or more units
10% [3% (50% AMI), 7%
(80% AMI)]
Rancho Cordova No percentage; Housing development fee
charged on non-residential projects
Requires 5%percentage of development
projects be 30 units/acre or greater
Fee required per DA
Requires an Affordable Housing Plan
No percentage; Housing development fee
charged on non-residential projects
Requires 5%percentage of development
projects be 30 units/acre or greater
Fee required per DA
Prepare an Affordable Housing Plan
Housing development Impact Fee charged on
non-residential projects
Impact fee required
Sacramento No percentage, subject to impact fee No percentage, subject to impact fee No percentage, subject to impact fee West Sacramento 10% (80% AMI) 10% [5% (50% AMI),
5% (80% AMI)]
10% (80% AMI)

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Single Family For-sale Multifamily Rental Multifamily For-sale Winters 5 or more units
15% [6% (50% AMI), 9% (80% or 120%
AMI depending on need)]
5 or more units
15% [6% (50% AMI), 9% (80% or 120%
AMI depending on need)]
5 or more units
15% [6% (50% AMI), 9% (80% or 120%
AMI depending on need)]
Woodland
Chapter 15.16
General City: 10% (80% AMI),
Requirements DMU, CMU, and CC
zones
Projects 30 units or less exempt
Projects 31-80 units 5% of units (80%
AMI),
Projects 81+ units; 10% of units (80%
AMI), unless developed at 95% of
allowable density and then 5% (80%
AMI),
General City: Applies to projects 20 units
greater - 10% (80% AMI),
Requirements DMU, CMU and CC zones
Projects 30 units or less exempt
Projects 31-80 units 5% of units (80%
AMI),
Projects 81+ units; 10% of units (80%
AMI), unless developed at 95% of allowable
density and then 5% (80% AMI),
General City: 10% (80% AMI),
Requirements DMU, CMU, and CC zones
Projects 30 units or less exempt
Projects 31-80 units 5% of units (80% AMI),
Projects 81+ units; 10% of units (80% AMI),
unless developed at 95% of allowable density
and then 5% (80% AMI),
Woodland – SLSP 10% Density based (over 8 du/ac)
10% (80% AMI),
&
20% (50% AMI)
or
25% (50% AMI)
Based on density (over 8 du/ac)
10% (80% AMI),
&
20% (50% AMI)
or
25% (50% AMI)

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Table 2: In-Lieu Fee Requirements
City Single Family Multifamily Other/Non-Residential
Davis $75,000/ required affordable housing unit
$81,979 in 2023
$75,000/ required affordable housing unit
$81,979 in 2023
Elk Grove Impact Fee: $6,030/ market rate unit at
building permit 2023
Impact Fee: $3,617/ market rate unit at
building permit 2023
Impact Fees 2023
- Commercial/retail: $.99/sq ft
- Hotel: $2.94/sq ft
- Manufacturing: $1.12/sq ft
- Office: $0/sq ft
- Warehouse: 1.21/sq ft.

Folsom -1% lowest price for sale unit x total # units
for sale 2023 (~$6,000/unit)
-Revaluated each year, if changed by more
than 10%, fee revaluated using above
formula
No requirement 2023 -1% lowest price for sale unit x total # units for sale 2023
-Revaluated each year, if changed by more
than 10%, fee revaluated using above
formula
Rancho Cordova Determined in a case-by-case basis with
each project AHP.

Current examples on larger specific plans:
~ $2,318.62-$6,803.23/ unit for specific
plan area 2023
Determined in a case-by-case basis.

Current examples:
~ $6,803.23/ unit for specific plan area
2023
Impact fees 2023
Office $0.97 per sq. ft. floor area Hotel $0.92 per sq. ft. floor area Research/
Development $0.82 per sq. ft. floor area
Commercial $0.77 per sq. ft. floor area
Manufacturing $0.61 per sq. ft. floor area
Warehouse $0.26 per sq. ft. floor area
Indoor Rec
Projects $0.50 per sq. ft. floor area
Sacramento City Impact Fee:
$3.54 - Single and duplex (less than 20
units/ac)
$0 – High density single unit and duplex
(20 du/ac or more)
$1.51- du in the Housing Incentive Zone
Impact Fee:
$3.54 – Multi-unit dwellings (less than 40
du/ac)
$0 – High density multi-family
(40+du/ac)
Sacramento County $3.66 per market rate unit (FY 23/24) $3.66 per market rate unit.

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West Sacramento Impact Fee: $7,551/ market rate unit
- Fee is reduced for infill project
dependent upon density up to an
80% reduction for densities over
75du/ac) 2023
Add on administrative fee 3%
Impact Fee: $7,551/market rate unit
- Fee is reduced for infill project
dependent upon density up to an
80% reduction for densities over
75du/ac) 2023
Add on administrative fee 3%
Winters Payment negotiated with a DA. (Varied
from $47,000 to $82,000)
$41,000 for smaller project 2023
Payment negotiated with a DA. Varied
from $47,000 to $82,000)
$41,000 for smaller project 2023
Woodland City and Developer can negotiate in-lieu
fees for qualifying project
City and Developer can negotiate in-lieu
fees for qualifying project
A development agreement utilized as an
approved legislative tool and adopted as an
ordinance.

Woodland – SLSP
Woodland General City
Qualifying residential projects may pay an
in-lieu fee in place of building affordable
housing
The 2020 in-lieu fee $64,140 per affordable
unit adjusted annually per *CCI.

To date, Spring Lake affordable fees paid
per lot have varied from $2,533 to $6,454.

No in lieu fee option
Land dedication option
A $3.00 sq.ft. fee approved in 2020 (Reso
7601)
CCI – Construction Cost Index

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July 19, 2023

Via Email Only

Members of the Planning Commission
City of Woodland
[email protected]

Re: Comment Encouraging Rejection of Staff’s Recommendation for Item H.1 Spring Lake Specific Plan, Beeghly Ranch Lot D and Lot G

To the Members of the City of Woodland Planning Commission,

I am writing on behalf of my client, Sacramento Housing Alliance, to encourage the Planning Commission to reject City Staff’s proposed amendment to the Development Agreement between TL Revival, L.P. (“Tim Lewis Consulting”) and the City of Woodland.

The Sacramento Housing Alliance advocates for safe, stable, accessible and affordable homes in the Sacramento region, including Woodland. SHA’s vision is that everyone in the Sacramento region has a home in a healthy and inclusive neighborhood.

SHA has an interest in ensuring that Woodland enforces its local affordable housing ordinance to ensure that low-income people are not segregated within communities or excluded from high opportunity areas.

In Item H.1, City Staff recommends that the City allow Tim Lewis Consulting to pay in lieu fees of $39,000 per unit instead of building the 14 needed affordable housing units. This proposal violates the Spring Lake Specific Plan’s Affordable Housing Plan (“SLSP AHP”) and the Sixth Cycle Housing Element. If the City amends the Development Agreement to allow Tim Lewis Consulting to pay in lieu fees, the SLSP AHP and Sixth Cycle Housing Element require that the developer pay $174,650 per unit plus an administration fee.

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2 1. The Proposed In Lieu Fee Does Not Comply with the Spring Lake Specific Plan’s Affordable Housing Plan (“SLSP AHP”).

The proposed in lieu fee does not comply with the SLSP AHP because the fee amount is based on allegedly comparable in lieu fees instead of the required calculation.

The SLSP AHP provides that when developing for-sale multi-family units: (a) 10 percent must be affordable to low-income households and 20 percent must be affordable to very low-income households; or (b) 25 percent must be affordable to very low-income households. (See attached SLSP AHP, p. 7.) Developers of R-15 sites, like the Beeghly Ranch project, may transfer the required amount of units to an R-20 or R-25 site within the SLSP. (SLSP AHP, p. 14.) Additionally, developers may pay in lieu fees for for-sale residential projects when the City determines that it is not feasible or suitable for the project to have on-site affordable units. (SLSP AHP, p. 18, amended in 2014 to remove the 50 unit exception.)

If the developer is paying in lieu fees, the City must use a specific methodology to calculate the in lieu fee amount. Put simply, the City must (a) determine the “Affordability Gap” by subtracting the affordable purchase price for a low-income household from the appraised market value of the unit; (b) multiply the “Affordability Gap” by the number of affordable units required; and (c) add an “Administration Fee,” which is calculated based on the “Affordability Gap.”

Here, Tim Lewis Consulting transferred the very low-income obligation to an R-25 site and built 3 of the required low-income units, which leaves a remaining obligation of 14 low-income units. (See Staff Report, pages 4-5.) If the City had used the required calculation, the in lieu fee would be $174,650 per unit, or $2,445,100 for the entire development.1 The City’s proposed in lieu fee of $39,000 per unit, or $546,000 for the entire development, is four and a half times lower than the amount required pursuant to the SLSP AHP calculation. Thus, the proposed amendment to Tim Lewis Consulting’s Development Agreement does not comply with the SLSP AHP and the City cannot approve it. (Government Code Sec. 65867.5; see also Citizens for Amending Proposition L v. City of Pomona (2018) 28 Cal. App.5th 1159, 1186-1187.)

1 The $174,650 in lieu fee was calculated using the following:
 $368,000 as the affordable purchase price for a low-income household. This number was calculated using the following information: (a) The median income for a low-income family of 4 in Yolo County is $79,300; (b) $2,665 is the maximum monthly affordable mortgage a low-income family can afford to pay using 30% of gross income ($79,300 x 0.30); (c) today’s best mortgage rate for a 30 year fixed loan is

6.36% (the national average is 7.24%); and (d) 10% of the home price would be paid as a down payment.  $542,650 as the appraised market value of the unit. This number is the average market value of the homes listed on Tim Lewis Communities’ website for this project, which lists base home prices for the four floor plans at $517,900, $535,900, $546,900, and $569,900.

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3 2. The Proposed In Lieu Fee is Inconsistent with the Housing Element of the General Plan.

The proposed in lieu fee is inconsistent with the Housing Element because the City incorporates the affordable housing requirements of the SLSP into the Housing Element.

The City adopted its Sixth Cycle Housing Element, Version 2 on March 21, 2023. The Housing Element contains the City’s policies, programs, and goals related to housing from 2021-2029. In the Housing Element, the City commits to continuing to “require the provision of affordable housing as a component of market-rate projects, as codified in Chapter 15.16 of the municipal Code [and]. . . implement the affordable housing requirements of the Spring Lake Specific Plan as applicable.” (Housing Element, p. 22.)

The legality of virtually any local land use decision affecting land use and development requires consistency with all elements of the General Plan, including the Housing Element. (See Cal. Gov’t Code 65009.) A project is inconsistent with a general plan if it conflicts with a general plan polic y that is fundamental, mandatory, and clear. (Endangered Habitats League v. County of Orange (2005) 131 Cal.App.4th 777.) As noted above, the SLSP allows for in lieu fees under certain circumstances, but requires the City to calculate the in lieu fees using the specific methodology outlined in the SLSP AHP. The City’s recommendation is based on neither the SLSP AHP calculation nor any other lawful methodology. Thus, the proposed amendment to Tim Lewis Consulting’s Development Agreement is inconsistent with the Housing Element’s clear policy that the City implement the affordable housing requirements of the SLSP AHP.

Further, fair housing laws, including Housing Element law, require cities to affirmatively further fair housing. (Cal. Gov. Code § 8899.50; Cal. Gov. Code § 65583.) This means that the City must take deliberate actions to foster inclusive communities through fair and equal housing choice by establishing policies to address disparities in housing needs, access to opportunity, and patterns of racial and ethnic segregation. (Cal.

Gov. Code § 8899.50.) The Housing Element identifies Spring Lake as an area of moderate opportunity, with schools, parks, grocery stores, and transportation nearby.

But, if the City adopts City Staff’s proposal, there would be fewer low-income units in this area and illegally low in lieu fees that will not facilitate the production of the 14 forgone units within Spring Lake. Thus, the proposed amendment impacts the City’s ability to affirmatively further fair housing and comply with the Housing Element.

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4 3. Conclusion

Thank you for your time and attention to this important matter. We encourage the Planning Commission to reject City Staff’s proposed amendment to Tim Lewis Consulting’s Development Agreement and propose an amendment that complies with SLSP AHP, the Housing Element, and fair housing laws. If you have any questions or concerns, LSNC and SHA are happy to discuss these comments in more detail. You can contact us by phone or email at 530-662-1065, [email protected], [email protected], and [email protected].

Sincerely,

Brielle Mansell
Brielle Mansell
Acting Managing Attorney

Alysa Meyer
Alysa Meyer
Director of Advocacy

cc:

Cindy Norris
Principal Planner, Community Development Department
[email protected]

Ethan Walsh
City Attorney
[email protected]

City Council
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]

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CITY OF WOODLAND

SPRING LAKE SPECIFIC PLAN

AFFORDABLE HOUSING PLAN

I. INTRODUCTION

The purpose of this Affordable Housing Plan (Housing Plan) for the Spring Lake Specific Plan (SLSP) is to provide more detailed pr ocedures and guidance for developers, city staff, real estate agents and brokers, and land owners to implement the affordable housing requirements and policies of the SLSP. Page 3-10 of the SLSP states that the goal of the Housing Plan is to indicate how a fair sh are of the Affordable/Special Needs Housing obligation within the Plan w ill be satisfied by each Reside ntial Project/Subdivision. The SLSP requires that this Housing Plan be pr epared and submitted to the City before approval of the first tentativ e map within the SLSP area. Regulation 3.1 of the SLSP specifies that the Housing Plan include the following:

• Requirement that areas for land donation an d/or other sites for construction of affordable housing be identified as part of the tentative map application for each property.

• Documentation of how the numbers and required affordability of units will be met.

• Criteria for size and design of units to meet Special Needs Housing.

• Mechanisms for ensuring affordability for the longest feasible period of time.

Multifamily rental units must be permanently affordable. For-sale units shall be affordable for the longest feasible period of time.

• Documentation of substantial compliance with the Affordable Housing Ordinance.

• Mechanisms for reservation, protection, a nd disclosure of lots for Affordable Projects.

• Establishment of an “Off-Site Affordable Housing Fee” program to be charged on all single family market-rate units (2,579), of a sufficient dollar amount to result in the development (acquisition and construction) of 74 additional multifamily (apartment) units comprised of 49 low income units (66.5 percent) and 25 very low income units 1

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(33.5 percent). See the “Off-Site Affordable Housing Fee” chapter of this plan for further details.

Pages 3-11 to 3-13 of the SLSP also li st housing regulations 3.2 through 3.15, which provide further elaboration of the citywide goals and policies of the General Plan Housing Element and the Affordable Housing Or dinance as they relate to the affordable housing plan for the Spring Lake Specific Pl an Area. These regulations are further addressed within the provisions of this Hous ing Plan. Following the adoption of this Housing Plan, a reference matrix for these re gulations will be created and made available as an appendix to this Plan.

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II. DEFINITIONS

“Affordable” means a unit provided at an affordable rent or affordable housing cost.

“Affordable Housing Cost’’ for a purch aser means the monthly amount that is affordable to low or very low-income house hold. The method for calculating Affordable Housing Costs is demonstrated in Appendix C. This definition of Affordable Housing Cost is intended to reflect the meaning set forth in Health and Safety Code Section 50052.5, as that section may be amended from time to time.

“Affordable Housing Ordinance” means Chapter 6A, Affordable Housing of the City of Woodland’s City Code.

“Affordable Purchase Price” means the maximum sale price a Qualified Purchaser may be required to pay for the Affordable Un it, as determined in accordance with the provisions of this Housing Plan.

“Affordable Rent” means the monthly rent that is affordable to a low or very low- income households. For the purposes of this Housing Plan, Affordable Rent shall be calculated using 50% of Area Median Income for very low-income households and 80% for low-income households, adjusted for household size. The method for calculating Affordable Rent is included in Appendix B of this Housing Plan. This definition for Affordable Rent is intended to reflect the m eaning set forth in Hea lth and Safety Code Section 50053, as that section may be amended from time to time.

“Area Median Income “ has the definitio n set forth in Section 50093 of the California Health and Safety Code, as that section may be amended from time-to-time.

“City” means the City of Woodland.

“City Manager” means the Woodland City Manager or his or her designee.

“Community Development Director” mean s the Director of the Woodland Community Development Department or his or her designee.

“Developer” means the owner of any real property upon which a residential project is to be constructed and/or the applicant for development of any such project.

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“Dwelling Unit” or “unit” means one room or a suite of two or more rooms designed for, intended for, or used by one household as their principal residence, which household lives, sleeps and cooks therein, and which unit has at least one kitchen or kitchenette.

“For-sale units” means those dwelling units developed as part of a residential or mixed- use project which the developer intends will be offered for individual sale or which could be offered for individual sale, including but not limited to detached homes, duplex units, condominiums, and cooperatives.

“Gross income” means “gross income” as defined in 25 CCR Section 6914 or any successor thereto.

“Housing Plan” means the Spring Lake Specific Plan Affordable Housing/Special Needs Housing Plan.

“Inclusionary unit” or “unit” means a dwelling unit developed pursuant to an Inclusionary Housing Agreemen t to satisfy the requirements of this chapter, including for-sale units available at an affordable housing cost, and multifamily rental units available at an affordable rent.

“Inclusionary Housing Agreement,” “Re gulatory Agreement,” or “Agreement” means the agreement between the developer or owner of a residential project and the City that contains specific plans for implementing the affordable housing requirements of the SLSP and the Housing Plan for the specific project.

“In-lieu fees” means a fee paid to the city housi ng fund to facilitate the construction of very-low and low income housing in the Spring Lake Specific Plan area.

“Low and Very-Low Income” means those income levels determined periodically by the U.S. Department of Housing and Urban Development based on the Yolo County Primary Metropolitan Statistical Area (PMSA) me dian income levels adjusted for family size. A Low-Income household shall be a household earning over fifty and less than or equal to eighty percent of the PMSA media n, adjusted for family size. A Very-Low Income household shall be a household earning less than or equal to fifty percent of the PMSA median adjusted for family size. (SLSP, p. 3-3)

“Market-rate unit” means a unit not restricted to an Affordable Housing Cost or Affordable Rent.

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“Moderate-Income” means the income level determined periodically by the U.S.

Department of Housing and Urban Development based on the Yolo County Primary Metropolitan Statistical Area (PMS A) median income levels adjusted for family size. A moderate-income household shall be a household earning over eighty and less than or equal to one hundred twenty percent of the Yolo County PMSA median, adjusted for family size.

“Monitoring Agreement” means a contract entered into by the City and each developer or owner of affordable units to ensure continuing compliance with the Inclusionary Housing Agreement.

“Multifamily rental units” means those multifamily dwelling units developed as part of a residential project which the developer inte nds will be offered for rent or which are customarily offered for rent.

“Notice of intent to sell” means the notice provided by owners of for-sale units to the housing authority of th eir intent to offer their unit fo r sale. The covenants recorded against the property on which the unit is located shall provide that the owner shall provide a notice of intent to sell in the manner prescribed in this chapter.

“One location” means all adjacent land ow ned or controlled by the same owner, the property lines of which are contiguous at any point, or the propert y lines of which are separated only by a public or private street, road, or other public or private right-of-way.

“Owner” includes a person, persons, firm, partnership, associa tion, joint venture, corporation, or any public or private entity or entities or the owner's agent or assignee.

“Qualified Purchaser” means a person or household approved for ownership of an Affordable Dwelling Unit by the Community Deve lopment Director in accordance with the provisions of this Housing Plan.

“Residential lot” means any parcel of land created with the intention that it will be used for the development of a dwelling unit.

“Residential Project” or “Project” means a ny project involving th e construction of two or more dwelling units at one location and requiring the is suance of a building permit, including in the aggregate all dwelling units or residential lots for which discretionary approvals have been applied for from or granted by the city within the preceding twelve months.
5

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“Special Needs Housing” means housing for certain disadvantaged groups, including but not limited to, seniors, disabled, and homeless persons or families. 6

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III. AFFORDABLE HOUSING REQUIREM ENTS FOR DEVELOPMENTS IN

THE SPRING LAKE SPECIFIC PLAN

GENERAL REQUIREMENTS

Overview

The Spring Lake Specific Plan specifies requirements based on unit type as follows:

Single-family units
: The Plan requires 10 percent of single-family units to be affordable to Low-Income households.

Multifamily units : The Plan requires that 10 percent of all multifamily units be affordable to Low-Income households and that 20 percent be affordable to Very- Low Income households, or that 25 percent of the units are affordable to Very- Low Income households.

In addition, there is an Off-Site Affordable Fee requirement for the development of 74 multifamily affordable apartment units (49 lo w income and 25 very low income) outside the Spring Lake Specific Plan area.

INCLUSIONARY HOUSING AGREEMENT

The Inclusionary Housing Agreement, or Regulatory Agreement, is the means by which the City ensures that a Project complies with the applicable affordable housing requirements. An Applicant shall enter in to a written Inclusiona ry Housing Agreement with the City that specifically sets out the manner in which affordable housing obligations will be met under the terms of the SLSP and the SLSP Housing Plan.

Inclusionary Housing Agreement

The Inclusionary Housing Agreement shall be executed by the App licant and the City.

The Applicant’s proposed tentative map wi ll be subject to th e conditions of the Inclusionary Housing Agreement that will be completed and signed prior to approval of the Applicant’s final map. The Agreement shall contain a ll the applicable information identified in the Agreement Checklist (see below).

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This Agreement must include an acknowledgment that the Applicant received a copy of the Affordable Housing Ordina nce, the SLSP and the SLSP Housing Plan. Moreover, the Agreement must obligate the Applicant to provide a copy of this Agreement to anyone to whom the subject residential lot(s) are transferred or sold.

Final Inclusionary Housing Agreement

The Applicant and City shall enter into a Final Inclusionary Housing Agreement for the subject residential lot(s) on which a reside ntial project(s) will be developed. This Agreement shall be approved and executed by the parties prior to the City approving the Applicant’s final map pertaining to the subject residential lot(s) or residential project(s). The Final Inclusionary Hous ing Agreement shall provide assurances satisfactory to the C ity Attorney, Housing Specialist, a nd City Finance Director of the Applicant’s obligation and capacity to meet the affordable housing obligations under the Specific Plan and this Housin g Plan. The Final Inclusiona ry Housing Agreement shall also include all applicable and necessary in formation and obligations including, but not limited to, those items listed in the Agreement Checklist below. A memorandum of this Agreement shall be recorded with the Yolo County Recorder’s office.

Agreement Check List

The Inclusionary Housing Agreement shall contain the following information:

• Location, zoning designation and ownership of the Residential Project;

• The number of Affordable Dwelling Units that the Applicant is responsible to provide;

• The exact location of the Affordable Dwel ling Units (i.e., identif y specific lots for affordable For-Sale Units and site/parcel for Multifamily Rental Projects);

• The income levels of th e affordable Dwelling Units (i.e., number of units Affordable to very-low income households and number of units affordable to low- income households);

• The Dwelling Unit mix and sq uare footage of the Affordable Dwelling Units as compared to Dwelling Unit mix and square footage of the Market-Rate Units; 8

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• Term of affordability for the Affordable Dwelling Units;

• Scheduling and phasing of construction of affordable Dwelling Units;

• Identification of Applicant- funded subsidy or financial assistan ce, if any, for affordable For-Sale Units;

• Affirmative marketing plan that ensure s outreach to income-eligible households regarding the availability of Affordab le Dwelling Units. Such affirmative marketing shall at least in clude advertising in the lo cal newspaper and sending notices to local government and nonprofit agencies that serve very-low and low- income persons and families. The City shall maintain an updated list of these agencies.

• Specify if any or all of the Affordable Dwelling Un its will be Special Needs Housing for either seniors, disabled, homeless persons or other special needs population and, if so, the unique features or services that are appropriate for that special needs population. The City will pa rticipate in securing funding for those projects that provide Special Needs Hous ing units. The City’s Special Needs Housing demand will be addressed as guided by the Housing Element, and based on any new information regarding increased need or demand for Special Needs Housing as it becomes available from the Census or other sources.

• Detailed description of For- Sale Affordable Units, if different than Market-Rate Units, including floor plan and list of amenities and features of the unit.

In addition, the Inclusionary Housing Agreement shall include the following terms:

• Assurances, to the extent feasible, that the Affordable Dwelling Units will be constructed concu rrently with, or prio r to, Market-Rate Units in the Residential Project. If the afford able housing obligation is to be satisfied by Land Dedication or by a separate third part y development agreement (such as an affordable housing developer) and it is not fe asible to develop the Affo rdable Units prior to or concurrently with the Mark et-Rate Units, the Agreement must identify the specific Residential Lots on which the Affordable Un its will be developed. As stated in regulation 3.2 of the SLSP, single family developers who construct the required 9

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affordable units concurrent with their ba se development shall receive an automatic 100 percent waiver of all Building plan check fees (n ot impact fees) for the Affordable Units (this excludes re-inspection fees).

• Affordable Rental Dwelling Units shall be dispersed throughout the Residential Project and shall be indistinguishable fr om Market-Rate Units within any Project, including identical quality a nd amenities as the Market-Rat e Units. As stated in Regulation 3.11 of the SLSP, the affordability requirement for each Residential Project is to be met on the project site to the greatest feasible degree. Similar units, for the purposes of meeting the affordab le housing requiremen t, are considered consistent within the base zoning. Affordable Units must meet the otherwise applicable zoning requirements. For example, a developer could meet the affordable requirements for 100 R-5 units by carving out an area for 10 for-sale units at R-15 density. Those 10 units w ould be subject to the R-15 development regulations, however no rezoning of the R-5 land would be required. Clustering is not allowed for for-sale units. A cluster is considered to be more than four (4) units adjacent to each other. Clustering of af fordable units is allowed for multifamily rental residential projects only if required to facilitat e the construction of the project.

• For rental Residential Project s, A Monitoring Agreement with the City is required to ensure ongoing compliance with the affordable housing obligations set forth in the Ordinance as modified by the SLSP, this Housing Pl an, and the Inclusionary Housing Agreement, including payment of an annual Monitoring Fee (the amount of the fee is to be determined by the City based on estimated cost to monitor the affordable housing units).

• Mechanisms for reservation, protection, and disclosure of affordable lots for projects. Description of la nguage in disclosure documen ts for use by real estate agents, and visible and prominent signage at Residential Projects advertising the availability of Affordable Dwelling Un its. Signed agreement that proper and accurate disclosure will occur in ALL marketing materials.

If the Applicant plans to meet its affordable housing obligation by land dedication, then the Inclusionary Housing Agreement shall contain the following additional information:

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• Location and description of dedicated site and the Resi dential Lot(s) contained therein;

• Description of physical suitability, econom ic feasibility, General Plan designation and zoning, infrastructure, frontage improvements, and utility connections available at the dedicated site sufficient to allo w for the development of the Affordable Dwelling Units;

• Number of Dwelling Units that may be developed on the Re sidential Lot(s) sufficient to meet the affordable housing obligation;

• Number of Dwelling Units at each income level (i.e., Very Low or Low-Income) to meet or exceed land dedication affordability requirements.

REQUIREMENTS FOR MULTIFAMILY RENTAL PROJECTS

As stated in the SLSP, any Developer of a Multifamily Rent al Project shall make at least twenty percent (20%) of the units on s ite affordable to and occupied by Very-Low Income Households and ten pe rcent (10%) of the units affo rdable to and occupied by Low Income Households. In the alterna tive, the Developer ma y make twenty-five percent (25%) of the Dwelling Units affordab le to and occupied by Very Low-Income Households.

The affordable rental units constructed on-site shall be permanen tly affordable. The minimum size of any Household occupying an affordable rental Dwelling Unit shall be no less than one person per bedroom.

Criteria for On-Site Construction

The affordable units in any one Multifamily Rental Residential Project shall be comparable to the Market -Rate units in quality, amen ities, size, and number of bedrooms. The affordable un its shall also be indistingui shable from the Market-Rate units and not be segregated from the Market -Rate units. Clustering of affordable units is allowed only if required to facilitate the construction of the project.

If a Multifamily Rental Project has a variety of Dwelling Unit types with different sizes and number of bedrooms, the Developer shall designate affordable units in substantially 11

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the same proportion as the Mark et-Rate units. For example, if a project has 100 rental units in the following sizes: 50 two-bedroom , 40 one-bedroom, and 10 three-bedroom, and 25 of the total number of units are a ffordable to Very-Low Income Households (i.e., 25%), then 50% of the Affordab le Units should be two-bedroom, 40% one- bedroom, and 10% three-bedroom.

The mix of the Affordable Dwelling Units may be disproportionate to the Market-Rate units if the Housing Needs assessment in the City ’s current Housing Element supports such a mix (e.g., if there is a greater iden tified need for thr ee-bedroom Affordable Dwelling Units than two-bedroom units, then there may be a disproportionately greater share of Affordable three-bedroom units in the Residentia l Project). Nevertheless, the gross number of bedrooms in Affordable Units may not be proportionately less than the gross number of bedrooms in Market-Rate units in the Residential Project and the floor area of the bedrooms in Affordable Units may not be smalle r than those in the Market- Rate units as demonstrated in the following example:

A Multifamily Rental Residential Project has 40 one-bedroom, 50 two-bedroom, and 10 three-bedroom Dwelling Units, wh ich equals 170 total bedrooms in the project. If applying the twenty-fi ve (25%) percent Very-Low Income obligation, then 43 (.25 X 170) of the total number of bedrooms in the project must be affordable to and occupied by Very-Low Income Households. In addition, the total square footage of thes e 43 Affordable Units must not be less than 25% of the total square footage of all the bedrooms in the project.

Density Bonus

The Developer shall be entitled to a density bonus of twenty-five percent (25%) as permitted under Government Code Section 65915 for on-site construction of Affordable Units. Regulation 3.10 of the SLSP recognizes that the twenty -five percent (25%) density bonus allowed under G overnment Code Section 6591 5 is a matter of right for qualified projects.

Land Dedication Option

A Developer may be allowed to make an irrevocable offer of dedication to the City or its designee of sufficient land to satisfy the affordability requirement under this section, if either 1) the Developer demonstrates to the City Council that it is not feasible to 12

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develop the Affordable Dwelling Units on-site as part of th e rental Residential Project, 2) the affordability obligation for the Residential Project will be satisfied through a transfer pursuant to the sub- section entitled “Transfer of R-15 Affordability Obligation for For-Sale Multifamily Units” outlined on page s 12-13 of this sect ion, or 3) in the judgment of the Community Development Director, the Devel oper’s proposed land dedication would accomplish the objectives of this Affordable Housing Plan.

Dedicated sites for rental Re sidential Projects shall be a minimum of two (2) acres unless the City agrees to a smaller site based on a special housing need. The dedicated site shall be economically feas ible to develop, of suffici ent size to build the required number of Affordable Units, and physically suitable for de velopment of the required Affordable Units prior to the dedication of the land. The dedicated site shall also have appropriate General Plan designation and zoning to accommodate the required units, be fully improved with infrastr ucture, frontage improvements (i.e. curb, gutter, walk), paved street access, utility (i .e. water, gas, se wer, and electric) service connections stubbed to the property lines, and other such off-site improvements as may be necessary for development of the required Affordable Units or as required by the City.

The City may approve, conditionally approve, or reject such offer of land dedication of any specific property. If the City reject s such an offer of land dedication, the Developer shall be required to meet the af fordable housing obligations by other means set forth in this Housing Plan.

Density Credit

In determining the amount of land to dedicate to satisfy a Developer’s affordable housing obligation, the Developer shall r eceive credit for the base density of the dedicated site (e.g., 20 units per acre if the dedicated parcel is zoned R-20) plus twenty-five percent (25%) density bonus unde r Government Code 659 15, if applicable an d feasible to the development of the dedicated site.

Development of Dedicated Land

Within one (1) year from the date of conve yance of the dedicated land to the City, the City shall determine, at its discretion, wh ether the dedicated land will be (1) developed by the City to produce the required Afford able Dwelling Units; (2) conveyed to an affordable housing developer approved by the City to prod uce the required Affordable Dwelling Units; or (3) conveyed to the Developer or third party who shall enter into an 13

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agreement with the Ci ty to produce such Affordable Units. The City Council shall determine which affordable housing developer shall be c onveyed the land required to produce the Affordable Dwelling Units.

Transfer of R-15 Affordability Obligation for For-Sale Multifamily Units

Developers of R-15 sites may combine the Very Low-Income affordability obligation of their R-15 site(s) and transfer the required amount of units to an R-20 or R-25 site within other SLSP area holdings, with the mu tual agreement between the developers of each site and the approval of the Community Development Director. This provision of the SLSP Affordable Housing Plan is designed to allow and encourage developers of R- 15 Residential Projects to produce for-sa le units at multifamily densities without resulting in a net loss of Affordable Units within the SLSP area.

As such, any transfer of th e Very Low-Income affordability obligation for an R-15 site to an R-20 or R-25 site shall not result in a net loss of Very Low or Low-Income Affordable Units within the SLSP area. Also, such a transfer of a Developer’s Very Low-Income obligation for an R-15 site to an R-20 or R-25 site must result in the development of a For-Sale R-15 Residential Project. Th e affordability provisions of this Plan applied to For-Sale Residential Pr ojects of lower densities shall apply to For- Sale Residential Projects of R-15 density as well.

As an example, a Developer of a 100-unit Residential Pr oject on an R-15 parcel is required under this Plan to obligate 10 units (10% of 100) for Low-Income residents and 20 units (20% of 10 0) to Very Low-Income residents. If the Developer chooses to build the R-15 Residential Project as a for- sale multifamily deve lopment, then that Developer may transfer the 20 unit Very Low-Income obligation for the R-15 project to an R-20 or R-25 site within either their own SLSP holding s or SLSP holdi ngs of other Developers with the agreement of both Developers and the approval of the Community Development Director. The fo r-sale affordability requirements of this Plan would then apply to the R-15 Residential Project, including the Devel oper’s obligation to dedicate 10% of the units (10 units) for sale to Low-Income purchasers.

Per the multifamily project a ffordability provisions of this plan, the Developer would have the second option to satisfy the afford ability requirement by transferring 25 units (25% of 100) for Very Low -Income residents to an R-20 or R-25 project within their own holdings. In either scenario, this provi sion shall only be utilized where the result 14

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of the transfer yields no net loss of afford able units within th e SLSP area, nor any change to the overall number of units devel oped within the SLSP area. Furthermore, any transfer of an R-15 project’s affordability obligation must result in that R-15 project being developed as a For-Sale Multifamily Residential Project.

FOR-SALE SINGLE FAMILY UNIT AFFORDABILITY REQUIREMENTS

Any Developer of a For- Sale Residential Project shall ma ke at least ten percent (10%) of the Dwelling Units affordable to and occupied by Low-Income Households. For- Sale Single Family units shall be affordable for the longest feasible time but not less than ten (10) years. This affordability requirement of at least ten years for affordable For-Sale Single Family units will be reset at each transfer of title upon re-sale to a qualified low-income buyer, as outlined in Section V. of this Plan.

Affordable For-Sale Single Fa mily units may be smaller in square footage than the Market-Rate units in a Residential Project that trigger th e affordable housing obligation to a minimum unit living area of 850 square feet, however a mix of bedroom numbers and square footage among for-sale single family homes is desired.

Requirements for On-Site Construction

If a Developer builds the required Affordable Units on-site of the Residential Project, it may either (1) sell the Affordable Units to individual qualified Low-Income Households; (2) sell the Affordable Units to the City or its design ee at an Affordable Housing Cost; or (3) sell the Affordable Un its to an affordable housing developer, approved by the City, at an A ffordable Housing Cost. The party ultimately selling the Affordable Units shall immediately enter into a Regulatory Agreement (see section VII. of this Housing Plan) with th e City that includes a requireme nt that the units be sold only to Qualified Purchasers that shall occupy the units as their primary residence.

Except as provided for elsewhere in this Se ction, there shall be an average of three bedrooms provided per affordable unit, and th e Developer can provide more but not less than the average target, unless it can be clea rly demonstrated that a different average is required in order for the units to be sold in the affordable marketplace.

A developer of a for-sale residential project may request an exemption from the requirements of this subsection if, based upon substantial evidence and financial 15

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information, such a mixture would be infeas ible to the satisfaction of the Community Development Director.

Affordable Units shall not be clustered but be dispersed throughout the Residential Project and be comparable in infrastructure (including sewer, wate r, and other utilities) and construction quality to the market-rate units. A cluster is considered to be four (4) or more units adjacent to each other. Duplexes shall not be allowed as the only Affordable Units, unless all units in the development are duplexes. The Developer shall submit, along with a map review fee, proposed locations for Affordable Units with the tentative map for approval by the Ci ty. If the Developer desires to alter the approved locations of the Affordable Units, the requested alterations shall be submitted, along with a map review fee, with the final map. The ma p review fee shall be set by resolution of the City Council, as amended from time to time.

Requirements for Sale of Land to Affordable Housing Developers

In the on-site construction alternative, th e Developer may sell su fficient Residential Lots to an affordable housing developer at an affordable price to satisfy its Affordable For-Sale housing obligation if, to the City’s satisfaction, it will enable the affordable housing developer to build the For-Sale units and sell them at an Affordable Housing Cost to Qualified Purchasers. At the time of sale to the affordab le housing developer, the Residential Lots shall be economically feasible to develop, of sufficient size to build the required number of Affordable Units, and physically suitable for development of the required Affordable Units. Th e Residential Lots shall also have appropriate General Plan designation and zoning to accommodate the required Dwelling Units, be fully improved with infrastructure, frontage improve ments (i.e., curb, gut ter, walk), paved street access, utility (i.e., water, gas, sewe r, and electric) serv ice connections stubbed to the property lines, and ot her such off-site improvement s as may be necessary for development of the required Affordable Units or required by th e City. To exercise this option, the Developer shall have a maximum of ninety (90) da ys from the date that the Residential Lots are finished with the above improvements to sell them to a affordable housing developer at an affo rdable price. The afford able housing developer that acquires the Residential Lots must comply with all require ments of this Housing Plan for the SLSP.

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Note on Public Subsidy

For Residential Projects that receive local, State, or Fede ral subsidy with requirements and regulations differing from this Plan , the stricter provi sions pertaining to affordability shall prevail.

Density Bonus

Land Dedication Option

A Developer may make an irre vocable offer of sufficient la nd within the SLSP area to satisfy the affordability requirements under this section, if it is not feasible (pursuant to the factors mentioned in section 6A-3-50 (2)(a) of the Ordinance) to develop the Affordable Units on-site at the Residential Project. It is assumed that it is not feasible for Residential Projects on R-3 and R-4 parcels to have on- site Affordable Units. The dedicated site shall be economi cally feasible to develop, of sufficient size to build the required number of Affordable Units, and physically suitabl e for development of the required Affordable Units prior to dedication of the land.

The dedicated site shall also have appropriate General Pl an designation and zoning to accommodate the required Dwelling Units, be fully improved with infrastructure, frontage improvements (i.e., curb, gutter, walk), paved street ac cess, utility (i.e., water, gas, sewer, and electric) service connections stubbed to the property lines, and other such off-site improvement s as may be necessary for development of the required Affordable Units or by the City. The City may approve, conditionally approve, or reject such offer of dedication of any specific property. If th e City rejects such offer of land dedication, the Developer or its designee shall be requi red to meet the affordable housing obligations by other means set forth in this Affordable Housing Plan.

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As required by Regulation 3.14 of the SLSP, dedication of land for affordable single- family for-sale lots must result in the development of affordable single-family for-sale units and not multifamily rental units.

Development of Dedicated Land

Within one (1) year from the date of conve yance of the dedicated land to the City, the City shall determine, at its discretion, whether the dedicated land will be (a) Developed by the City to produce the re quired Affordable Dwelling Units; or (b) Conveyed to the Developer or affordable housing developer or other third parties who shall enter into an agreement with the City to produce such Affordable Units.

Credits for Land Dedication of Very-Low Income For-Sale Residential Lots

Developers may convey For-Sale Residential lots to an affordable hou sing developer approved by the City for the purpose of building Affordable Dwelling Units that will be sold to Very-Low Income Households. Deve lopers shall receive a 2 for 1 credit for each dedicated Very-Low Income Residential Lot to be applied to the Developer’s Low- Income inclusionary unit requirement for the Residential Project.

Developers’ use of this land dedication option shall be limited to an initial overall cap of five (5) lots within the SLSP area. This cap may be amended by the City if the need and demand for additional Very-Low Income Fo r-Sale units is justified. All other requirements for Land Dedication outlined above shall apply to this option of dedicating Residential Lots for the development of Very-Low Income units.

In-Lieu Fees

For detached for-sale Resident ial Projects of less than 50 units where the City also determines that it is not feasible or suitable (pursuant to the factors mentioned in section 6A-3-50 (B)(2)(a) of the Ordinance) for the For-Sale Residential Project to have on-site Affordable Units, the City and Developer may agree to a contribution of in-lieu fees to satisfy the Developer’s affordable housing obligation. . Only the City may initiate this in-lieu fee option and only where it is dem onstrated based on subs tantial evidence that there is no feasible alternative.

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At the time of Tentative Map approval, if applicable, the C ity will provide the Developer with an estimate of the in-lieu fees fo r the Residential Proj ect. This in-lieu fees calculation at the time of Tentative Ma p is an estimate onl y and is subject to revision and verification at the time of construction, as the estimated sales price of units in the Residential Pr oject at the Tentative Map st age may change by the time the development is actually built.

The in-lieu fee for each Affo rdable Unit for which the De veloper is re sponsible under this provision shall be sufficient to make up the gap between (i) the Affordable Purchase Price for a low-inco me household and (ii) the ma rket value as determined by an appraisal (i.e. the “Afford ability Gap”), plus a fee for ad ministration of the City’s Inclusionary Housing Program. The appraisal shall be completed no earlier than six (6) months prior to the calculation of the in- lieu fee. The administration fee shall be assessed per unit of the Residential Proj ect, and shall be based on an appropriate percentage of the “Affordab ility Gap” for Affordable Un its. The in-lieu fee for a Residential Project shall be determined using the following methodology:
• The market value as determined by an appraisal – (minus) the Affordable Purchase Price of a low-in come household for the Resi dential Project. This amount determines the “Affordability Gap.”
• Calculate the inclusionary unit amount for the Reside ntial Project at 10% of the total (fractions of a whole unit shall be rounded up). • Multiply the “Affordability Gap” by the number of inclusionary units required for the Residential Project.
• The product of this calculation divided by the total number of units in the Residential Project, plus th e administration f ee, equals the in-lieu fee to be charged per unit.

An example of an in-lieu fee calculati on for a 20-unit For-Sale Single-Family Residential Project is as follows:

• Market value as determined by an appraisal = $250,000 • Affordable Purchase Price for low-income household = $150,000 • Affordability Gap = $100,000
• Inclusionary Unit Requirement = 2 units (10% of 20 units) • $100,000 Affordability Gap x (times) 2 units = $200,000 • $200,000 divided by 20 = $10,000
• $10,000 + administration fee = in-lieu fee per unit
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If the City determines that the developer may contribute in-lieu fees, the developer may pay such fees as a lump su m prior to the issuance of th e first building permit for the Residential Project. In the alternative, th e developer may elect to pay a portion of the fees equal to the total in-lieu fees for the project divided by the total number of units in the project, prior to the issuan ce of each certificate of occupancy for each unit in the Residential Project. The project approva l shall specify the payment method the developer has chosen, and no building permit or certificate of occupancy shall be issued by the City until the Developer provides written proof of the payment of all fees or the proportionate amount of the fees, as appropriate.

Criteria For Size And Design Of Units To Meet Special Needs Housing

For Residential Projects that include units that meet Special Needs Housing, the criteria for size and design of units to meet Spec ial Needs Housing will be addressed by the City on a project-by-project basis as guided by the Housing Element, and based on any new information regarding increased need or demand for Special Needs Housing as it becomes available from the Census or othe r sources. The City will participate in securing funding for those projects that provide Special Needs Housing units.

Note on SLSP Regulation 3.11

Pursuant to Regulation 3. 11 of the SLSP, the affordability requirement for each Residential Project is to be met on the project site to th e greatest feasible degree.

Similar units, for the purposes of meeti ng the affordable housing requirement, are considered consistent within the base z oning. Affordable Units must meet the otherwise applicable zoning requirements.

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IV. OFF-SITE AFFORDABLE HOUSING FEE

The Spring Lake Specific Plan requires establishment of an “Off-Site Affordable Housing Fee” to be charged on all single-fam ily market-rate units, of a sufficient dollar amount to result in the development of 74 additional multi-family (apartment) units comprised of 49 low income units (66.5 percent) and 25 very low income units (33.5 percent). The Redevelopment Agency of the City of Woodland will receive and allocate these funds. The funds collected may be used anywhere in the City, including the SLSP Area as long as the parcels meet the affordability requirements under the SLSP and this Housing Plan. Up to ten percent (10%) of each year’s revenues may be used for administration by Housing and Redevelopment staff.

The Off-Site Affordable Housing Fee shall be $1,100 per single-family market-rate unit.

This amount was determined based on the interest rate and other assumptions that were current at the time of this Pl an’s adoption. If the interest rate or other assumptions used in the fee’s calculation should substantiall y increase in subsequent years, the City Council may approve a change to the amount of the Off-Site Affordable Housing Fee.

City Council may re-establish the fee at an appropriate amount; however at no time shall the fee exceed $1,300.

The Off-site Affordable Housing Fee shall be imposed as a condition of the tentative map and shall be collected prior to approval of the final map. It is anticipated that the required land will be acquired by no later than July 1, 2007 and the construction of 74 off-site units will be completed no later than July 1, 2012.

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V. PROGRAM PROCEDURES AND ELIGIBILITY

This section provides detailed information on calculation of affordable rent and purchase price. Other topics include program eligib ility, resale restrictions, and affordability covenants.

RENTAL UNITS

Procedure for Determining Affordable Rent

The Multifamily Inclusionary Housing Units are designated for both Very Low and Low- Income households. The method for calculating the affordable rent for a specific unit is shown below. The Community Development Department shall review these assumptions and procedures annually and make revisions as necessary.

The Community Development Department will cal culate the initial affordable rents for a Residential Project at the time that the units will be marketed and made available for rent.

The Developer is to provide information on the utilities that will be included in the rent and the utilities for which the tenants will be responsible (including the specific type of service).

The following procedure will be used for determining Affordable Rent:

1. Calculate Income Available for Housing

• Determine the family size appropriate to the unit. For purposes of this calculation, “family size appr opriate to the unit” means adjusted for a household of one person in the case of a studio unit, two persons in the case of a one- bedroom unit three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, five persons in the case of a four-bedroom unit and six persons in the case of a five-bedroom unit.

• Determine the household income maximum to use for the affordable rent calculation based on the a ppropriate household size us ing the current HUD Area Median Income figures for the Yolo PM SA as published by HCD. For a Very- Low Income unit use the figure for 50 percent of AMI. For a Low-Income unit use 80 percent of AMI.

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• Calculate the amount of income available for housing costs by multiplying the household income figure by 30 percent.

2. Estimate Annual Housing Costs

• The Household allowance for utilities will be estimated based on the utility costs as shown on the current “Allowance for Tenant-Furnished Utilities and Other Services” table prepared by the Yolo County Housing Authority, using the applicable unit size and unit type (townhouse, garden apartment, or high rise).

The costs used will be based on the specif ications of the particular unit and the utilities provided by the pr operty owner, for example gas or electric for heating, gas or electric for cooking, etc. The Appendix includes an abbreviated utility table (from the Yolo County Housing Au thority’s table effective March 1, 2002) as an example. This utility table is u pdated every year, and sh all be provided by the Community Development Department to Developers and Owners of rental Residential Projects upon request. With the approval of the Community Development Director, a property owner may provide a ut ility survey, verified by the City, in place of the Yolo County Hosing Authority’s utility tables.

The Affordable Rent is the resulting figur e based on the above assumptions. See the Appendix for an example of the calculation of Affordable Rent for units designated for Low-Income as well as Very Low Income hous eholds for units, ranging in size from one bedroom to four bedrooms.

ELIGIBILITY REQUIREMENTS FOR AFFORDABLE RENTAL UNITS

Maximum Income Limitation

Households renting Affordable Units shall have incomes that do not exceed 50 percent (Very Low Income) or 80 percent (Low-Income) of the current Area Median Income for Yolo County as adjusted for household size.

Primary Residence Certification

Eligible households must certify that the unit will be used as a primary residence.

Subletting of Affordable Units is not allowed.

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FOR-SALE UNITS

Procedure for Sale of Affordable Units

The method for the sale of affordable units is shown below. The Community Development Department shall review thes e assumptions and procedures annually and make revisions as necessary:

1. Units Appraised at Fair Market Value

• At the time that the unit will be marketed and made available for sale, the fair market value of the unit will be determined. This determination will be made by a qualified appraiser who will be selected by the Community Development Director and paid by the developer.

2. Calculation of Affordable Maximum First Mortgage

The sale of affordable units will be im plemented by a “silent second” mortgage program by the City (see Appendix D for a further explanation of the silent second program). After the fair market value of the unit has been determined, the City will calculate the affordable maximum first mo rtgage amount for a qualified low-income purchaser of the unit. The following proc edure will be used for determining the affordable maximum first mortgage amount:

• Determine the family size appropriate to the unit. For purposes of this calculation, “adjusted for family size appropriate to the unit” means adjusted for a household of one person in th e case of a studio unit, tw o persons in the case of a one-bedroom unit three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, five persons in the case of a four-bedroom unit and six persons in the case of a five-bedroom unit.

• Determine the household income available for the affordable maximum first mortgage calculation for a Low-Inco me household based on the appropriate household size using the current HUD Area Median Income figures for the Yolo PMSA. The calculation of available hous ehold income should be based on 80% of Area Median Income for the appropriate household size.

• Calculate the amount of income available for housing costs by multiplying the income figure by 30 percent. For the purpose of determining the affordable 24

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purchase price, the cost of utilities, property taxes, insu rance, homeowners’ association dues, primary mortgage insura nce, maintenance and repair costs, and like expenses are not required to be included in the calculation.

See Appendix C for a table displaying the ca lculations of maximum affordable first mortgage based on the above assumptions unde r different interest rate scenarios for units of various sizes.

3. Limitation of Down Payment Requirement

• Required down payments for Low-Income purchasers shall be limited to no more than five percent (5%) of the purchase price. The devel oper/seller may not require a buyer to make a larger down payment but a buyer may elect to make a larger down payment in order to reduce th e amount of the first mortgage. This limit to the down payment requirement is intended to provide greater flexibility for Low-Income homebuyers who might find it difficult to build up a higher down payment amount.

4. Calculation of “Silent Second” and Regulatory Agreement Equity Share

• The “silent second” shall be in the amount of $1,000. A note and deed of trust, or other appropriate document, securing the silent second will be recorded and assigned to the City at the time of sale of each affordable unit.

• The promissory note and deed of trust, or other designated document, will remain a lien against the property, subordinate to the first mortgage. This note will have a 30-year due date which can be extended by the Community Development Director.

• The Regulatory Agreement recorded agains t the property shall include an equity share that is defined as the fair market appraised value at the time of purchase less the sum of the affordable first mortgage plus the downpayment.. The equity share shall be triggered and calculated at th e sale of the affordable unit to a non- Qualified Purchaser or at a non-affordable price.

Payoff of the Silent Second and Regulatory Agreement Equity Share.

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The silent second may not be pr epaid during its first ten (10) years, as long as the Low- Income Purchaser occupies the unit as thei r primary residence during this period. The amount due to the City under the equity shar e provision of the Regulatory Agreement at the eventual payoff of the si lent second or the sale of the affordable unit to a non- Qualified Purchaser shall be the amount which bears the equa l ratio to the fair market value at the time the silent se cond is paid off as the initial value that the equity share baseline had in relation to the original fair market sales price. For example, if the original sales price was $200,000 and the original equity share baseline was $50,000, the ratio would be 25%. If the fair market value at the time of payoff were $400,000, the amount due the City would be $100,000, or 25% of $400,000. In another case, if the property rose in value to $250,000, the 25% ratio would dictate the payoff amount to the City to be $62,500.

Affordable Housing Fund

Funds received by the City through payoffs of equity share provisions of Regulatory Agreements will be deposited into the City ’s Affordable Housing Fund. These funds may be used at the discretion of the Co mmunity Development Director to make additional affordable housing loans to income -Qualified Purchasers to facilitate the purchase of homes, to subsidize affordable multifamily projects, or for any other use to promote the development of affordable housing within the City of Woodland. Up to ten percent (10%) of each year’s income from the Affordable Housing Fund may be used for administration and ongoing monitoring of loans made from the Fund.

ELIGIBILITY REQUIREMENTS FOR FOR-SALE UNITS

Eligibility Requirements for For-Sale Units

Maximum Income Limitation

Low income households purchasing Affordable Units shall have incomes that do not exceed eighty percent (80%) of the current Area Median Income for Yolo County as adjusted for household size. In the event that the Developer or owner is unable to locate a Qualified Low-Income Household Pu rchaser within ninety (90) days, the City shall market for sixty (60) days to households with incomes up to one hundred percent (100%) of the Area Median Inco me for Yolo County as adjusted for household size. If no Qualified Purchaser has been identified, the City shall then market for sixty (60) days to households with incomes up to one hundred and twenty 26

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percent (120%) of the Area Median Inco me for Yolo County as adjusted for household size.

Primary Residence Certification

Purchasers must certify that the home will be used as a primary residence.

RESALE REQUIREMENTS FOR AFFORDABLE FOR-SALE UNITS

Conditions of Owner-Occupancy Hardship

For so long as the Purchaser (Owner) owns the unit, the unit will be occupied solely by the Owner and the Owner’s immediate fam ily as the Owner’s principal place of residency. Notwithstanding the foregoing, however, the Community Development Director may authorize the Owner to rent-out the Affordable Dwelling Unit, for a cumulative period not to exceed one year, if the Owner establishes to the Community Development Director’s reas onable satisfaction that the owner-occupancy requirement would cause hardship to the Owner because of:

(1) Divorce or separation of the Owner(s);

(2) The extended absence from the Affordable Dwelling Unit by the Owner because of the serious illness or disability of the Owner or a member of the Owner’s household or immediate family.

(3) Absolute necessity for relocation of the Owner form the greater Sacramento area for purposes for the Owners’ employment; or

(4) The Owner’s loss of employment.

The purpose of the foregoing limited exceptions to the owner-occupancy requirement is to allow the Owner to recover from a tem porary inability to o ccupy the Affordable Dwelling Unit or to provide for the orderly disposition of the Unit in cases of hardship, and is not intended to permit long-term rental of the Unit. For these reasons, the term “hardship” shall be narrowly construed and a condition of hardship shall be considered to exist for the minimum possible time.

Procedure for Resale of the Affordable Dwelling Unit
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In order to maintain the affordability of the For-Sale Affordable Units the City shall impose the following resale conditions. No For-Sale Affordable Units shall be offered for resale or resold other than in the ma nner provided herein until the owner/purchaser has owned the house for ten years or longer:

• Prior to advertising the availability of the For-Sale Affordable Unit or otherwise offering the Unit for sale, the Owner shal l provide the City with a notice of Owner’s intent to sell the Unit. The noti ce shall indicate the location of the Unit and the number of bedrooms contained in the Unit. The notice shall provide the City a period of thirty calendar days afte r receipt of such notice (resale marketing period) to either (1) provide the Owner with an active and current list of interested and Qualified Purchasers, or (2) determ ine that no interested and Qualified Purchaser is available.

• Following the receipt of such notice, the C ity shall either complete or require the Owner to have completed an appraisal report to determine the fair market value of the Unit. This appraised value will be us ed by the City to determine the seller’s equity share provision obligation, equaling the amount which bears the same ratio to the fair market value at the time the note is paid off as the in itial value that the equity share baseline had in relation to the original fair market sales price. The City will also use the appr aisal of the Affordable Unit to determine the amount of subsidy in the form of the assumed and possibly increased equity share baseline that will be required by the subsequent Qualified Purchaser of the Affordable Unit.

• Upon notice of Owner’s intent to sell, the City shall also provide the Owner with a disclosure form that must be comple ted by a prospective Qualified Purchaser and returned to the City. The primary purposes of the disclosure form shall be to:
1) provide the City with information that the City will need to confirm that the prospective purchaser of the Unit is a Qua lified Purchaser; and 2) ensure that the prospective purchaser of the Unit is aw are of the owner-occupancy and resale restrictions applicable to the Affordable Unit.

• Within three (3) days after executing any contract or agreement for sale of the Affordable Dwelling Unit, the Owner shall deliver to the City a copy of the contract or agreement, together with th e completed and fully executed disclosure form and evidence supporting the prospective purchaser’s Gross Income as shown on the disclosure form. The proposed sa le shall be deemed approved unless the 28

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City, within ten (10) days after receipt of such inform ation, provides notice to the Owner either that: 1) the proposed sale does not comply with the provisions of this Housing Plan; or 2) additional information is required. If the proposed sale is disapproved or if the City determines that additional information is required, the notification shall be accompanied by a statement of the reason(s) for that decision.

Resale to a Qualified Purchaser

Each Qualified Purchaser shall be required to purchase the Affordable Unit with cash, a mortgage secured by a first deed of trust on th e Affordable Unit, or a combination of the two.

At close of escrow the Owner shall assign, and the Qualified Purchaser shall assume, the Promissory Note. The ten-year occupancy requirement and restrictions on re-sale applied to the original Qualified Purchaser of the Affordable Unit shall be reset to the date the Promissory Note is assumed by the subseque nt Qualified Purchaser. The subsequent Qualified Purchaser shall enter into a Regulatory Agreement with the City, which shall be recorded against the property.

The City may provide an additional subsidy (i f available) to increase the amount of the equity share provision of the Regulatory Agreement in order to allow the Qualified Purchaser to purchase the unit (i.e. increase th e percentage of the purchase price which is represented by the equity share baseline).

The City shall subordinate its lien to any commercial lender providing a loan to enable the Qualified Purchaser to purchase the Affo rdable Unit, providing the amount of such loan does not exceed the purchase price for the Affordable Unit plus the Qualified Purchaser’s actual share of closing costs and other related expenses.

LIMITED EXCEPTIONS TO RESALE REQUIREMENT

Inability to Identify a Qualified Purchaser

In the event the Owner or the City is unable to identify a Qualified Purchaser who is able to purchase the Unit within the resale marketing period in compliance with the sales timelines of this Housing Plan and the Regulatory Agreement, the City shall have the right to purchase the Affordable Unit at the Affordable Purchase Price. If the City decides not to purchase the unit, the Owner may, with the prior written consent of the City, sell the Unit to a Non-Qualified Purchaser without regard to the purchaser’s 29

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income. The Owner’s request to the City to sell to a Non-Qualified Purchaser shall be accompanied by evidence establishing that the Owner has actively and in good faith attempted to identify a Qualif ied Purchaser for the Unit throughout the resale marketing period using affirmative marketing measures. “Affirmative marketing” means that the Owner shall have continuously listed the property on the multiple listing service and shall have acted in good faith in responding to inquiries and offers from Qualified Purchasers.

In the event of a resale to a Non-Qualified Purchaser due to the se ller’s and the City’s inability to identify a Qualified Purchaser w ithin the ten-year occupancy requirement, the seller shall be required to pay off the equ ity share provision of the Regulatory Agreement to the City at the close of escrow. The amount due to the City shall be the amount which bears the equal ratio to the fair market value at the time the equity share provision is paid off as the initial value that the equity share baseline had in relation to the original fair market sales price.

Resale Necessitated by Hardship

The Owner may sell the Unit to a Non-Qualified Purchaser during the ten-year affordability period and pay off the equity share provision of the Regulatory Agreement to the City in full if the Community Development Director reasonably determines that the sale of the Unit to a Non-Qualified Purcha ser is necessary due to circumstances of hardship, or “Excluded Transfers,” which may include:

(1) Financial hardship causing risk of default of the Owner’s first mortgage.

(2) A transfer resulting from the death of the Owner;

(3) A transfer to the Owner and his or her spouse as joint tenants;

(4) A transfer resulting from a decree of dissolution of marriage or legal separation or from a property settlement agreement incident to such decree;

No Excluded Transfer shall be effective unless the City has received a written request to approve the Excluded Transfer not less than thirty (30) days prior to the proposed date of transfer. Any such request shall be acco mpanied by documentation supporting the basis for the Excluded Transfer.

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In the event of a resale to a Non-Qualif ied Purchaser necessitated by the seller’s circumstance of hardship within the ten-year occupancy requirement (approved by the Community Development Director), the seller shall be required to pay off the equity share provision of the Regulator y Agreement to the City at the close of escrow. As previously stated, the amount due to the City shall be the amount which bears the equal ratio to the fair market value at the time the equity share provision is paid off as the initial value that the equity share baseline had in relation to the original fair market sales price.

The City may record a default notice on any Affo rdable Unit. In the event of default, the City, in its discretion, may purchase the unit. In the event the City purchases an Affordable Unit pursuant to this Housing Pl an, the City shall take reasonable steps necessary to maintain the affordability of the unit and identify a Qualified Purchaser.

The City shall not maintain ownership and rent the Affordable Unit on a long term basis .

Resale after Close of Ten Year Occupancy Requirement

The resale restrictions for Affordable Units shall be removed after a Qualified Purchaser has occupied the unit as their primary residence for at least ten (10) years. However, the silent second note will remain with the propert y secured by the deed of trust until either a) the unit is sold; or b) the silent second becomes amortized per the provisions of this Plan after 30 years, unless extended by the Community Development Director.

In the event that the Affordable Unit is resold at fair market value, the equity share provision of the Regulatory Agreement is due in full at the close of escrow. Again, the amount due to the City shall be the amount whic h bears the equal ratio to the fair market value at the time the equity share provision is paid off as the initial value that the equity share baseline had in relation to the original fair market sales price.

VI. OUTREACH AND MARKETING

Preferences
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The City may choose to esta blish preference categories for the inclusionary units.

Possible preferences could include the following:

• Persons who have been displaced by a project in Woodland,

• Persons who work for the City of Woodland or for the Woodland Joint Unified School District,

• Persons who live or work within the City of Woodland,

• All other eligible persons.

Affordable Housing Marketing Plan.

Prior to marketing the Affordable Units, the Developer shall submit an Affordable Housing Marketing Plan to th e City for approval. The Af fordable Housing Marketing Plan shall outline the Developer’s plan to id entify Qualified Purchasers (in the case of for-sale projects) or renters (for rental projects) for Affordable Units throughout the marketing period of a Residential Project. Substantial evidence shall be submitted to the City that establishes, to the City’s reasonable satisfaction that the Developer complied with the submitted Affordable Housing Marketing Plan and affirmatively marketed the units throughout the relevant marketing period. The Affordable Housing Marketing Plan shall include, but not be limited to, the following:

• Advertise the availability of the afford able units by placing in newspapers of general circulation in Yo lo County and the greater surrounding region no less than eight (8) advertisements, of which no less than three (3) shall be in the Daily Democrat and at least two (2) shall be in a publication with a regional scope. At least one advertisement sha ll be in a language other than English, such as Spanish. The advertisements in the Daily Democrat shall be at least sixteen square inches. In the event th ese publications are defunct or space is not available, the Community Deve lopment Director shall designate comparable alternative a dvertising. Advertising sh all be required for each release of affordable housing units;

• No later than the date of issuance of a building permit for the units, provide written notice to a list of housing organizations and other agencies serving low 32

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and very low-income persons and families available from the City informing these organizations of the availability of the Affordable Units, and requesting that these organizations assist in publiciz ing the availability of the Affordable Units to their members and clients;

• Place a sign on the site of the Residen tial Project advertis ing the availability of the Affordable Units and providing contact information throughout the marketing period. This information can be integrated into the primary project sign or included on a separate stand-alone sign with comparable visibility. To the extent possible with out obstructing necessary construction activity, the sign described shall be oriented, formatte d and situated in such a manner that it is visible to the maximum number of pedestrians and drivers on the nearest public street;

• Advertise in such other mediums, such as the Internet, as is reasonably necessary to affirmatively market the Affordable Units.

• Because of the high demand for Affordable Units, a lottery system shall be used by the Developer to select potential buyers.
• Such a lottery or alterna tive selection process shall be conducted in a fair, unbiased, and non-discriminatory manne r, if possible by a third party agreed upon by both the City and the Developer. Employees of Developers and their families shall not be given preferential treatment in the marketing of the Affordable Unit(s) or in the selection of Qualified Purchasers.
• To enter into the lottery, the Developer shall ensure that the Affordable Units will be completed within one hundred and eighty (180) days from the contract date. Extensions may be granted by the Community Development Director for delays beyond the control of the Developer, such as weather.

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VII. MONITORING AND COMPLIANCE

Each Owner of Affordable rental Dwelling Units shall enter into a Regulatory Agreement with the City for each Residential Project that contains units with affordability restrictions. As a provision of this Housi ng Plan as well as the Regulatory Agreement, the Community Development Department will be responsible for tracking and monitoring all of the City’s inclusiona ry housing units. This include s maintaining a computerized database of all units as well as files with the required regulatory agreements recorded against the property.

For Residential Projects that receive a state or federal housing subsidy and are, thus, subject to applicable regulator y agreements and requirements pe rtaining to each subsidy, these regulatory agreements shall supercede the monitoring requirements outlined in this section.

The monitoring requirements of each Regulatory Agreement between the Owner and the City shall include all the rental restrictions listed in this Housing Plan and in addition shall require the Owner to do the following:

• Affirmatively market the rental units by sending advertisements describing the Affordable Units to local newspapers and to the list of local nonprofit and government housing organizations and ag encies that serve Very Low and Low-Income persons and families.

• Comply with all fair housing laws and not discriminate based on race, ancestry, gender, religion, color, age, national origin, marital status, familial status, sexual orientation, source of income, and disability.

• Not discriminate based on any governme nt rental subsidy, including but not limited to HUD Section 8 assistance.

• Rental projects shall be monitored ever y year to review tenant incomes and rents. The Community Deve lopment Department mails letters to all property owners requesting information on the a ffordable units, the rents charged and the current tenants. The Project Owner is responsible for giving income certification forms to the applicable tenants and returning the completed forms to the City.

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The Community Development Department reviews the information submitted for each Residential Project to make su re that the Project is in compliance with its Regulatory Agreement. Sta ff will notify the Project Owner of any discrepancies and establish the best practice for bringing the Residential Project into compliance with the Affordable Unit requirements of its Regulatory Agreement in the most timely manner possible. For example, the Project Owner may be required to rent out available vacant units within the Residential Project as Affordable Units, or rent out other units as they become available as Affordable Units, in order to meet the Affordable Units requirement for the Residential Project.

• Agree to rent Affordable Units to qua lified income eligible Households on a one (1) year lease basis wh ich shall be renewed at th e end of each lease term; and that no Household shall be required to terminate its tenancy from such Affordable Unit absent a showing of good cause. If a Very Low-Income Household increases its income so that it no longer qualifies as a Very Low- Income Household during its tenancy, it shall be permitted to remain in the Affordable Unit as long as its income does not exceed the Low-Income limitation (i.e. 80% of AMI). However, th e level of rent for such unit may be raised to an Affordable Rent level fo r a Low-Income Household. At vacancy, such unit shall be rented to an eligib le Very Low-Income Household and the rent reset to an Affordable Rent fo r a Very Low-Income Household, unless the Affordable Unit requirement has b een met by renting other vacant units at the appropriate Affordable Rent level.

The Regulatory Agreement shall specify a mon itoring fee, to be paid annually by the rental Project Owner, which shall be calculate d in an amount necessary to reimburse the City for the reasonable cost of the monitoring.

For-sale units will be monitored to make su re that the owners are complying with the occupancy requirement and are not subleasing the property. Letters will be sent to the owners every two years with a form requestin g the required certifications. In addition, the letter will restate the restrictions regarding sale or refinancing of the property. 35

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Woodland City CouncilAugust 15, 2023

Woodland City Council
August 15, 2023