Woodland City Council
September 5, 2023

5 Table 3: Property-Related Revenue by Absorption Period Note:
(a) Property Tax Allocation based on the Revenue Sharing Agreement between the City and County which includes the following:

Existing Sharing Total City
Fund Share Agreement Split Allocation
County General Fund 11.7% 37% 4.3%
County ACO Fund 1.4% 37% 0.5%
County Library 2.1% 100% 2.1%
County Road District #2 2.2% 100% 2.2%
Springlake Fire District 7.3% 100% 7.3%
Total Share of Property Tax to City 16.5%
Sources: City of Woodland; BAE, 2021.

Estimated Planned Units (New Assessed Value)
Secured Property Tax Revenue Value/Unit 0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years Low -Density SFR (Units) 186 372 529 529 529
New Assessed Value $548,000 $101,928,000 $203,856,000 $289,892,000 $289,892,000 $289,892,000 Med-Density SFR (Units) 186 372 626 626 626
New Assessed Value $443,000 $82,398,000 $164,796,000 $277,318,000 $277,318,000 $277,318,000 High-Density MFR (Units) 186 372 519 519 519
New Assessed Value $362,000 $67,332,000 $134,664,000 $187,878,000 $187,878,000 $187,878,000 Research Park (Sq. Ft.) 225,000 451,244 677,488 903,732 1,129,974 New Assessed Value $200 $45,000,000 $90,248,800 $135,497,600 $180,746,400 $225,994,800 Industrial (Sq. Ft.) 75,000 212,456 349,912 487,368 624,825 New Assessed Value $132 $9,894,263 $28,027,940 $46,161,617 $64,295,294 $82,429,104 Hotel (Sq. Ft.) 0 200,000 200,000 200,000 200,000
New Assessed Value $300 $0 $60,000,000 $60,000,000 $60,000,000 $60,000,000 Retail (Sq. Ft.) 8,000 68,509 129,018 189,527 250,035
New Assessed Value $280 $2,240,000 $19,182,520 $36,125,040 $53,067,560 $70,009,800 Total New Assessed Valuation $308,792,263 $700,775,260 $1,032,872,257 $1,113,197,254 $1,193,521,704 Minus Existing AV $3,234,684 $3,234,684 $3,234,684 $3,234,684 $3,234,684 Net AV Increase $305,557,579 $697,540,576 $1,029,637,573 $1,109,962,570 $1,190,287,020 Net Ad-Valorem Property Tax Increase $3,055,576 $6,975,406 $10,296,376 $11,099,626 $11,902,870 Assumed Share to City (a) 16.5% 16.5% 16.5% 16.5% 16.5% New Property Tax to City $505,685 $1,154,401 $1,704,008 $1,836,942 $1,969,876 Unsecured Property Tax Revenue
Unsecured Property Tax as % of Unsecured 10% 10% 10% 10% 10% Unsecured Property Tax Revenue $50,569 $115,440 $170,401 $183,694 $196,988 Property Tax In-Lieu of Vehicle License Fees
2020/2021 Net Cityw ide AV $6,772,170,413 $6,772,170,413 $6,772,170,413 $6,772,170,413 $6,772,170,413 2020/2021 City ILVLF $5,608,676 $5,608,676 $5,608,676 $5,608,676 $5,608,676 ILVLF as % of Net AV 0.08% 0.08% 0.08% 0.08% 0.08%
Estimated New City ILVLF $253,061 $577,699 $852,740 $919,265 $985,789 Page 1782 6 Table 4: Property Tax Transfer Tax by Absorption Period Sources: BAE, 2021.

Sales Tax Revenue
Based on average annual per-resident and per-employee taxable sales assumptions, the WRTP is projected to generate approximately $118 million of additional retail sales within the City of Woodland yearly. This assumes new residents spend money in the WRTP and elsewhere throughout the City at a rate that is equal to the Yolo County countywide average per capita figure. This is more conservative than using the current citywide per capita rate, which is relatively high. The per-employee taxable sales estimate includes business-tobusiness taxable transactions, estimated as the average per-employee taxable sales amount in the Sacramento Region. Again, this is more conservative than assuming that new employees would generate taxable sales at a rate equal to the current citywide rate.

Spurred by the increase in taxable sales, the City is projected to receive nearly $1.3 million annually in additional sales tax revenue by project buildout. This includes $1.2 million in the base Bradley Burns sales tax amount, plus an additional $172,000 annually from the pooled base sales tax revenue, and $14,150 annually from the Proposition 172 public safety sales tax. Note that this analysis excludes both revenues and expenditures of Measure F and Measure J sales tax revenues.

Assumed New AV (Avg. Value of Turnover)
Use Type Turnover Rate 0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years Low -Density Units AV $101,928,000 $203,856,000 $289,892,000 $289,892,000 $289,892,000 Value of Turnover 7 years $14,561,143 $29,122,286 $41,413,143 $41,413,143 $41,413,143 Med-Density Units AV $82,398,000 $164,796,000 $277,318,000 $277,318,000 $277,318,000 Value of Turnover 7 years $11,771,143 $23,542,286 $39,616,857 $39,616,857 $39,616,857 High-Density Units AV $67,332,000 $134,664,000 $187,878,000 $187,878,000 $187,878,000 Value of Turnover 20 years $3,366,600 $6,733,200 $9,393,900 $9,393,900 $9,393,900 Research Park (Sq. Ft.) AV $45,000,000 $90,248,800 $135,497,600 $180,746,400 $225,994,800 Value of Turnover 20 years $2,250,000 $4,512,440 $6,774,880 $9,037,320 $11,299,740 Industrial (Sq. Ft.) AV $9,894,263 $28,027,940 $46,161,617 $64,295,294 $82,429,104 Value of Turnover 20 years $494,713 $1,401,397 $2,308,081 $3,214,765 $4,121,455 Hotel (Sq. Ft.) AV $0 $60,000,000 $60,000,000 $60,000,000 $60,000,000 Value of Turnover 20 years $0 $3,000,000 $3,000,000 $3,000,000 $3,000,000 Retail (Sq. Ft.) AV $2,240,000 $19,182,520 $36,125,040 $53,067,560 $70,009,800 Value of Turnover 20 years $112,000 $959,126 $1,806,252 $2,653,378 $3,500,490 Total Average Turnover Per Year $32,555,599 $69,270,734 $104,313,113 $108,329,363 $112,345,585 Property Transfer Tax Rate (per $1,000) $1.10 $1.10 $1.10 $1.10 $1.10 Share to City 50% 50% 50% 50% 50%
Property Transfer Tax Revenues to City $17,906 $38,099 $57,372 $59,581 $61,790 Page 1783 7 This analysis does also take into account the City-County revenue sharing agreement, which states that Yolo County will receive 15 percent of any annual sales tax generated above $155,000 within the WRTP. This amounts to roughly $110,000 annually allocated to the County at full buildout of the WRTP.

Table 5: Sales Tax Generation by Absorption Period
Notes:
(a) Based on the 2019 Yolo County per capita retail sales. (b) Based on the 2019 Sacramento MSA average non-retail sales per employee. (c) According to the Revenue Sharing Agreement, the County receives 15% of any sales tax generated above $155,000 within the WRTP.

Sources: City of Woodland; State Board of Equalization; BAE, 2021.

Other Revenue
At full buildout, the WRTP is projected to generate an additional $750,000 of other annual revenue to the City. As shown in Table 6 below, the majority of this revenue is associated with permits, fees, and charges for service, followed by Transient Occupancy Tax revenue.

Estimated New Taxable Sales
Spending Type Taxable Sales 0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years New Residents 1,436 2,872 4,319 4,319 4,316
New Taxable Sales $12,277 per resident (a) $17,632,550 $35,265,100 $53,028,996 $53,028,996 $52,993,880 New Employees 797 1,912 2,912 3,912 4,912
New Taxable Sales $13,212 per employee (b) $10,535,151 $25,257,466 $38,472,299 $51,687,132 $64,901,868 Total Taxable Sales $28,167,701 $60,522,567 $91,501,295 $104,716,128 $117,895,748 City Share of Sales Tax
Base Bradley Burns Sales Tax 1% of taxable sales $281,677 $605,226 $915,013 $1,047,161 $1,178,957 Allocation to County (c) 15% of Sales Tax over $155k $0 ($12,717) ($44,484) ($76,252) ($108,018) Pooled Sales Tax Revenue as
% of Base Sales Tax Revenue 14.6% of base sales tax $41,125 $88,363 $133,592 $152,886 $172,128 Public Safety Sales Tax (Prop. 172) 0.5% of taxable sales $140,839 $302,613 $457,506 $523,581 $589,479 County Share of Public Safety Sales Tax 95% of total $133,797 $287,482 $434,631 $497,402 $560,005 City Share of Public Safety Sales Tax 2.4% of total $3,380 $7,263 $10,980 $12,566 $14,147 Total City Sales Tax and Public Safety Sales Tax $326,182 $688,134 $1,015,101 $1,136,361 $1,257,214 Page 1784 8 Table 6: Other General Fund Revenue by Absorption Period Note:
(a) Calculated using the General Fund Revenue estimates from the City of Woodland Fiscal Year 2020/21 Budget, divided by the service population, which includes 100% of the City's population and 50% employees working in the City. 2020 Population 60,742
2020 Jobs 27,459
Service Population 74,472
(b) Assumes that Charges to Other Departments is 10% variable.

Sources: BAE, 2021.

Total Revenue
Based on the above revenue items, the WRTP is projected to generate a total of roughly $5.2 million in annual revenues to the City of Woodland General Fund by project buildout. As seen below, the majority of these revenues are associated with property-related taxes, including direct property tax and ILVLF revenues, as well as sales tax. Based on the breakdown by fiveyear increments shown below in Table 7, it is apparent that the majority of revenues are generated by year 15, driven by the absorption of all residential units and a large share of the non-residential development. In fact, nearly 85 percent of the final annual revenues are expected by year 15, with the remaining 15 percent driven by the buildout of the remaining non-residential space in the following decade.

Table 7: Total General Fund Revenue by Absorption Period Sources: BAE, 2021.

Other Revenue
Revenue Source Revenue Generation (a) 0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years New Service Population 1,835 3,828 5,775 6,275 6,773
Transient Occupancy Tax $21.74 per person served $39,891 $83,227 $125,555 $136,427 $147,237 Permits, Fees and Charges $71.09 per person served $130,451 $272,168 $410,590 $446,144 $481,494 Fines and Forfeitures $3.93 per person served $7,219 $15,062 $22,722 $24,690 $26,646 Charges for Services $9.47 per person served $17,371 $36,243 $54,676 $59,410 $64,118 Charges to Other Departments (b) $4.94 per person served $9,058 $18,898 $28,510 $30,978 $33,433 Total "Other" Revenue Sources $203,991 $425,598 $642,052 $697,649 $752,928 General Fund Revenue
0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years Revenues
Property Tax
Secured $505,685 $1,154,401 $1,704,008 $1,836,942 $1,969,876 Unsecured $50,569 $115,440 $170,401 $183,694 $196,988
ILVLF $253,061 $577,699 $852,740 $919,265 $985,789
Property Transfer Tax $17,906 $38,099 $57,372 $59,581 $61,790 Sales Tax
Bradley Burns $281,677 $592,508 $870,529 $970,910 $1,070,939 County Pool $41,125 $88,363 $133,592 $152,886 $172,128
Prop. 172 $3,380 $7,263 $10,980 $12,566 $14,147
"Other Revenues" $203,991 $425,598 $642,052 $697,649 $752,928 Sub-total revenues $1,357,393 $2,999,371 $4,441,673 $4,833,493 $5,224,585 Page 1785 9 Expenditures
The following estimates the total annual General Fund expenditures associated with the buildout of the WRTP. Similar to revenue estimates, the anticipated expenditures are broken down into five-year increments driven by the buildout of specific land uses over the 25-year buildout time frame. Similar to the projected revenue, the expenditure estimates for each fiveyear period represent the annual expenditures at the end of that absorption period. For example, the projected expenditures shown in the “5-10 Years” time period reflect the annual expenditures in Year 10 of the WRTP buildout.

Fire Department Costs
As the new fire station (Station #4) will serve the WRTP project as well as other neighborhoods and developments in the City of Woodland, BAE allocated the expected per-service population cost of the entire Woodland fire department, including future Station #4, to the projected service population of the WRTP. As seen below, this results in roughly $1.1 million of annual fire service costs allocated to the WRTP at full buildout. Note that this analysis also incorporates the expiration of the SAFER Grant which currently supports fire service costs in the City. This grant of roughly $475,000 expires in 2024, at which time the City General Fund will absorb those additional costs.

Table 8: Fire Department Costs by Absorption Period
Sources: City of Woodland; BAE, 2021.

Roadway Maintenance Costs
To estimate roadway maintenance expenditures, the City of Woodland provided an average maintenance cost per lane-mile throughout the City, of $2,897 per lane-mile plus a 13.8 percent public works overhead charge. Assuming all roadway infrastructure will be delivered commensurate with the residential growth, BAE assumes all 30.5 lane-miles within the WRTP will be delivered by Year 15. In total, BAE estimates the roadway maintenance cost will amount of roughly $100,500 annually by Year 15 and will continue at that level through project buildout.

Fire Expenditures
Current Expenditures $10,873,729
SAFER Grant Expiration (2024) $474,696
Future Fire Station #4 Cost $2,400,000
Total Future Fire Budget $13,748,425
Existing Service Population 74,472
Build Out Service Pop 6,775
Total Future Service Pop 81,247
Fire Department Expenditures
0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years New Service Population 1,835 3,828 5,775 6,275 6,773
Average Future Expenditures $169.22 $310,496 $647,805 $977,271 $1,061,896 $1,146,037 Page 1786 10 Table 9: Roadway Maintenance Costs by Absorption Period Sources: City of Woodland; BAE, 2021.

Increased Transit Costs
According to City of Woodland staff, the City’s allocation of Transportation Development Act (TDA) subsidy is projected to decline by roughly $25,000 per year through the WRTP buildout.

This amount will compound over the next 25 years, suggesting that the decline in subsidy, or increase in transit costs, by Year 10 will be $250,000 per year. At full buildout, this amounts to $625,000 per year in additional costs from the reduced TDA subsidy.

Table 10: Transit Costs by Absorption Period
Note:
(a) Based on reduced subsidy from the Transportation Development Act (TDA).

Sources: City of Woodland; BAE, 2021.

Police Service and Other City Costs
All other city General Fund costs, including police, community services, library, etc. are calculated on the basis of the existing per-service population expenditure estimate times the projected WRTP increase in service population, accounting for the variability of expenditures for each department. The analysis excludes any expenditures currently supported by Measure J sales tax revenue, as this source is not included as a revenue source in the revenue projections. As seen in Table 11 below, the per-service population cost ranges from roughly $8 per year for public works to $289 for police service. Based on the projected service population of the WRTP, these additional City costs amount to roughly $2.6 million annually at full buildout, with nearly $2.0 million in new annual police costs. As stated previously, this does not include expenditures associated with parks, greenbelts, and streetlights within the WRTP which will be maintained using a supplemental revenue source, such as a CFD.

Existing General Fund Cost
Expenditure Demand 0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years Road Lane Miles 10.2 20.3 30.5 30.5 30.5
Maintenance Cost $2,897 Per Lane-Mile $29,431 $58,862 $88,293 $88,293 $88,293 Public Works Overhead 13.82% of Maint. Cost $4,069 $8,137 $12,206 $12,206 $12,206 Total Roadway Maintenance Cost $33,499 $66,999 $100,498 $100,498 $100,498 Final Build-Out
General Fund Cost
Other General Fund Cost Cost Factor 0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years Increased Transit Cost (a) $25,000 per year $125,000 $250,000 $375,000 $500,000 $625,000

11 Table 11: Other General Fund Expenditures by Absorption Period Note:
(a) Based on new service population or new residents depending on cost item. (b) Assumes Administration expenditures are 25% variable.

Sources: City of Woodland; BAE, 2021.

Final Build-Ou
FY 20/21 Removal of Adjusted Persons General Fund Cost (a) Other General Fund Cost Budget Measure J Expenditures Served Service Demand 0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years Administration (b) $3,177,732 $250,000 $2,927,732 74,472 $9.83 per person served $18,034 $37,625 $56,761 $61,676 $66,563 Community Development $3,349,317 $0 $3,349,317 74,472 $44.97 per person served $82,523 $172,173 $259,738 $282,229 $304,592 Community Services (excl. parks) $3,733,783 $1,344,098 $2,389,685 60,742 $39.34 per resident $56,503 $113,005 $169,929 $169,929 $169,816 Police $21,503,433 $485,669 $21,017,764 74,472 $282.22 per person served $517,852 $1,080,425 $1,629,917 $1,771,056 $1,911,388 Library $2,224,385 $771,168 $1,453,217 60,742 $23.92 per resident $34,360 $68,721 $103,337 $103,337 $103,269 Public Works (Cityw ide) $637,397 $0 $637,397 74,472 $8.56 per person served $15,705 $32,766 $49,430 $53,710 $57,966 Total Other General Fund Costs $34,626,047 $2,850,935 $31,775,112 $724,977 $1,504,715 $2,269,111 $2,441,938 $2,613,594 Page 1788 12 Total Annual Cost
As seen below in Table 12, the total General Fund expenditures to support the full buildout of the WRTP amounts to nearly $4.5 million annually by WRTP buildout. The largest share of these costs is associated with police and fire services. Based on the buildout plan, nearly 85 percent of these annual expenditures, or $3.7 million annually, will be required by Year 15.

This is primarily driven by the delivery of all residential units by Year 15, with only a limited amount of non-residential development remaining through the final buildout year.

Table 12: Total General Fund Expenditures by Absorption Period Sources: City of Woodland; BAE, 2021.

Net Fiscal Impact
At full buildout of the WRTP, the development is projected to generate an annual surplus of nearly $740,000 to the City’s General Fund. After the first five years, which includes a large portion of residential development and more modest non-residential development, the initial phase is projected to generate an annual fiscal surplus of $163,000. This surplus ramps up significantly between Years 5 and 15 (reaching $720,000 annually by Year 15), as the project delivers all of the residential units and a larger share of the non-residential uses. Between Year 15 and full buildout in Year 25 the project reaches the full projected annual surplus of approximately $740,000.

General Fund Revenue
0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years Expenditures
Administration $18,034 $37,625 $56,761 $61,676 $66,563
Community Development $82,523 $172,173 $259,738 $282,229 $304,592 Community Services $56,503 $113,005 $169,929 $169,929 $169,816 Police $517,852 $1,080,425 $1,629,917 $1,771,056 $1,911,388 Fire $310,496 $647,805 $977,271 $1,061,896 $1,146,037
Library $34,360 $68,721 $103,337 $103,337 $103,269
Public Works $15,705 $32,766 $49,430 $53,710 $57,966
Roadw ay Maintenance $33,499 $66,999 $100,498 $100,498 $100,498 Increased Transit Costs $125,000 $250,000 $375,000 $500,000 $625,000 Sub-total expenditures $1,193,972 $2,469,519 $3,721,881 $4,104,332 $4,485,129 Page 1789 13 Table 13: Net Fiscal Impact by Buildout Year
Sources: City of Woodland; BAE, 2021.

Fiscal Impact Sensitivities
To account for potential changes in market conditions and demand, BAE tested the fiscal impacts of two different sensitivities. The first sensitivity estimates the impact of less nonresidential space delivered by Year 25, given the strong demand for residential units and potential uncertainty around demand for the non-residential space. The second scenario assesses the impact of lower per-employee business-to-business sales tax generation, given that the potential tenants of the WRTP may or may not produce taxable goods.

Reduced Commercial Buildout - As a simplified approach to assessing the fiscal impact of less commercial space delivered in the WRTP, BAE created a version of the fiscal model that assumes zero non-residential space delivers while all the residential units would be absorbed. While this is not the intention of the project, nor ideal for the City, it merely represents the relative importance of the non-residential space. Based on these assumptions, the project yields a fiscal deficit of nearly $110,000 at full buildout. This is primarily driven by the assumed increase in transit costs over the 25-year buildout timeline, of $625,000 annually. This cost is not assumed to decrease despite the elimination of the non-residential component, as demand for transit services is primarily driven by the City’s resident population. To yield a marginal annual fiscal surplus, the project would need to deliver at least 15 percent of all proposed non-residential land uses.

General Fund Revenue
0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years Revenues
Property Tax
Secured $505,685 $1,154,401 $1,704,008 $1,836,942 $1,969,876 Unsecured $50,569 $115,440 $170,401 $183,694 $196,988
ILVLF $253,061 $577,699 $852,740 $919,265 $985,789
Property Transfer Tax $17,906 $38,099 $57,372 $59,581 $61,790 Sales Tax
Bradley Burns $281,677 $592,508 $870,529 $970,910 $1,070,939 County Pool $41,125 $88,363 $133,592 $152,886 $172,128
Prop. 172 $3,380 $7,263 $10,980 $12,566 $14,147
"Other Revenues" $203,991 $425,598 $642,052 $697,649 $752,928 Sub-total revenues $1,357,393 $2,999,371 $4,441,673 $4,833,493 $5,224,585 Expenditures
Administration $18,034 $37,625 $56,761 $61,676 $66,563
Community Development $82,523 $172,173 $259,738 $282,229 $304,592 Community Services $56,503 $113,005 $169,929 $169,929 $169,816 Police $517,852 $1,080,425 $1,629,917 $1,771,056 $1,911,388 Fire $310,496 $647,805 $977,271 $1,061,896 $1,146,037
Library $34,360 $68,721 $103,337 $103,337 $103,269
Public Works $15,705 $32,766 $49,430 $53,710 $57,966
Roadw ay Maintenance $33,499 $66,999 $100,498 $100,498 $100,498 Increased Transit Costs $125,000 $250,000 $375,000 $500,000 $625,000 Sub-total expenditures $1,193,972 $2,469,519 $3,721,881 $4,104,332 $4,485,129 NET ANNUAL FISCAL SURPLUS/(DEFICIT) $163,421 $529,853 $719,793 $729,161 $739,457 Page 1790 14 Reduced Per-Employee Sales Tax Generation - The fiscal analysis currently assumes employees of the new non-residential spaces will generate non-retail taxable sales equal to the average $13,212 annual per-employee amount in the four-county Sacramento region. This taxable sales amount generally corresponds to business-to-business sales that generate sales tax revenue. Given the uncertainty around the future users of the WRTP space, BAE tested the sensitivity of the fiscal model to a reduction in this assumed per-employee taxable sales amount. Even with a 50 percent reduction in the peremployee taxable sales estimate, the project would still generate a fiscal surplus, albeit reduced to roughly $360,000 per year by buildout.

Fiscal Impact Analysis Takeaways
• The WRTP project is projected to generate a fiscal surplus of approximately $740,000 per year to the City’s General Fund.
• Based on the absorption schedule, the City would realize a significant fiscal surplus by Year 15, estimated at nearly $720,000 per year. This is driven by the delivery of all residential units and nearly two-thirds of the non-residential space by Year 15.

Between Year 15 and full buildout in Year 25, the annual fiscal surplus is projected to increase to $773,000 annually.

REVENUE
• The primary sources of General Fund revenue that WRTP would generate are propertyrelated taxes (i.e., ad valorem property tax, ILVLF, transfer tax) and sales tax. Although not modeled in this analysis, the project would also generate substantial new sales tax revenues from Measures F and J, to the extent that they are extended through the life of the WRTP project. Together, these account for 86 percent of the projected revenue. • Approximately 63 percent of the estimated new assessed value associated with the WRTP would be generated by the residential component.
• Approximately 55 percent of the estimated sales tax is generated by the nonresidential component, including taxable business-to-business retail transactions.

EXPENDITURES
• The primary sources of annual General Fund expenditures associated with WRTP would be Police Service ($2.0 million annually at buildout) and Fire Service ($1.1 million annually at buildout). Together these account for 68 percent of the expenditures to serve the WRTP.
• The third largest expenditure is associated with the need for backfill of Public Works Department expenditures due to the loss of Transportation Development Act (TDA) dollars to support transit provision. Driven by growth in the City, this loss of revenue is estimated at nearly $625,000 annually at full buildout of the WRTP. While this loss of revenue is not directly driven by the WRTP project, this project represents the major growth area within the City and therefore bears the full burden of reduced revenues from this source.

15 FISCAL IMPACT SENSITIVITES
• The fiscal impact of the WRTP is sensitive to a reduction in the non-residential space.

Any reduction from the proposed amount of non-residential space developed and occupied will result in lower fiscal surpluses than projected above. The project must provide at least 15 percent of the proposed non-residential space to achieve General Fund fiscal break even.

WOODLAND RESEARCH AND

TECHNOLOGY PARK CLIMATE

ACTION PLAN CHECKLIST

All projects shall complete and submit this
checklist with new development applications
and major expansion projects within the
Woodland Research and Technology Park
Specific Plan Area to ensure project
compliance with the City of Woodland
Climate Action Plan

1 Woodland Research and Technology Park Climate Action Plan Consistency Checklist Introduction
The City of Woodland encourages and prioritizes sustainable design and development practices throughout the community. The 2035 General Plan advocates responsible growth while seeking to conserve energy, water, and other resources; reducing greenhouse gas (GHG) emissions; promoting infill, green and net-zero energy development; and building community resiliency to the effects of climate change. The Woodland Research and Technology Park (WRTP) will serve as a leader in ecoinnovation and sustainability. Implementation of the City’s Climate Action Plan (CAP) requires that new development projects in the plan area incorporate inventive sustainable design practices and apply GHG reduction measures consistent with the CAP. This CAP Checklist was developed to help companies and builders plan and design projects consistent with the CAP and to assist City staff in implementing CAP strategies. The following sustainable design policies were adopted on __________ for the WRTP Plan Area:

1. Consistency with the Climate Action Plan- Ensure new development is consistent with the objective and targets of the City’s Climate Action Plan with the goal of striving to achieve zero net energy at the building and neighborhood level. (Policy 2.C.2/2.L.2)

2. Resource Efficiency- Encourage and incentivize building construction that consumes less energy, water, and other resources; allows natural ventilation; uses daylight effectively; reduces storm water runoff; and facilitates the use of clean energy whenever possible. Use trees for cooling, energy conservation and to improve air quality. (Policy

2.C.4)

3. Electric/Alternative Fuel Vehicle Parking- Parking facilities in non-residential zones shall provide for alternative fueling and electric vehicle charging. Residential development shall provide EV-capable facilities in all garages and parking lots. (Policy

3.H.7)

4. Agricultural Interface- Where development within the Plan Area occurs at the edge of the Urban Limit Line adjacent to agricultural land, a buffer of 150-feet shall be incorporated, where feasible, to minimize potential incompatibilities of the adjoining uses. (Policy 7.C.4/7.C.5)

5. Agricultural Uses- Where agricultural activity exists within the Plan Area boundary, the agricultural uses shall be permitted to continue until urban development occurs on the active agricultural properties. (Policy 7.C.2)

2 This Checklist allows proposed development projects that are subject to the California Environmental Quality Act (CEQA) to demonstrate consistency with Woodland’s CAP, and with applicable WRTP Environmental Impact Report (EIR) analysis and findings. CEQA Guidelines require the analysis of GHG emissions as well as any potential impacts that the proposed project might have on the environment. Projects that demonstrate consistency with the CAP are eligible to streamline the review process. The CAP is a verified GHG emissions reduction plan in accordance with CEQA Guidelines Section 15183.5. Projects that do not display consistency may, at the City’s discretion, prepare an independent comprehensive project-specific GHG emissions analysis consistent with CEQA requirements. This Checklist identifies measures that are required in order to support CEQA streamlining, and includes examples of how to implement exceptional sustainable design practices and technology in architectural or landscape plans.

The following policies will be used to ensure all new WRTP projects and major expansions adhere to Climate Action Plan Consistency:

A. All new development projects and major expansion projects shall provide a summary of incorporated conservation measures consistent with the City’s 2035 Climate Action Plan (CAP), adopted with the General Plan in 2017. For each CAP strategy and related “action” relevant to new development projects, the City will determine: (a) the project is consistent; (b) the project with conditions or when modified would be consistent; (c) the strategy is relevant for new development, but not the subject project; or (d) the project includes one or more replacement strategies that would be equally or more effective in reducing GHG emissions and such replacement strategy or strategies are not included in the CAP or required by any other regulation, standard, design criteria, or other existing requirement.

B. All projects shall complete and submit the city’s Climate Action Plan Consistency Checklist for review and approval by the city prior to project approval. The CAP Checklist allows proposed development projects to demonstrate consistency with the Climate Action Plan.

C. Consistent with General Plan Policy 2.L.2, all projects shall strive to meet net zero energy consumption through the incorporation of conservation measures above Title 24 standards and shall, at minimum, demonstrate consistency with Cal Green Tier One standards.

D. GHG reductions strategies and sustainability measures shall be considered in major expansion projects and in the ongoing operations and use of all commercial and residential projects within the Plan Area including, but not limited to Energy Conservation, Water Conservation/Quality and Low Water Landscape measures as outlined in Sustainability Guidelines Sections 3.5.3.B for commercial uses and Section 3.5.12.B for residential of the Specific Plan.

3 This CAP Checklist identifies GHG reduction strategies that may be incorporated into proposed development projects. By encouraging development strategies and designs that conserve resources and reduce project-related GHG emissions, the Checklist supports Woodland’s sustainability efforts and policies that encourage the advancement of sustainable growth, including implementation of the CAP.

There are five steps to this application:
1) CAP Consistency Checklist Application Form
2) Land Use Element Consistency
3) CAP Strategy Consistency
4) Additional Questions
5) Certification
Applicability:

All projects located within the Woodland Research and Technology Park Specific Plan Area shall complete and submit the city’s Climate Action Plan Consistency Checklist for review and approval by the city prior to project approval. The CAP Checklist allows proposed development projects to demonstrate consistency with the Climate Action Plan.

4 Step 1: CAP Consistency Checklist Application Form
Project Information
Project Name:

Project Address:

Project Type:

Project Size:

Proposed Land Uses:

Service Population (Residents + Employees):

Brief Project Description:

Applicant Information
Applicant Name:

Company:

Contact Phone:

Contact Email:

Was a consultant retained to complete this checklist? ☐ Yes ☐ No If yes, complete the following:

Consultant Name:

Company:

Contact Phone:

Contact Email:

5 Step 2: Land Use Consistency
This section allows the City to determine a project’s consistency with the land use assumptions used in the development of the CAP. The growth projections outlined in the 2035 General Plan Land Use Element were used in Woodland’s CAP to estimate community-wide GHG emissions over time.

Therefore, new development projects must be consistent with the Land Use Element to be consistent with Woodland’s CAP. For specific examples, see Attachment 1- The Living Building Challenge.

Land Use Consistency Yes No
Is the proposed project consistent with the existing General Plan land use and Specific Plan zoning designations?
If “Yes”, please explain how the project is consistent with the existing General Plan land use and zoning designations in the space provided below and then proceed to Step 3 of the Checklist.

If “No”, the proposed project must prepare a comprehensive project-specific analysis of GHG emissions and incorporate the measures in this Checklist to the extent feasible.  Does your site plan prioritize resource
efficiency and leave room for usable open space
areas? Does it respect native wildlife, and work
with, not against natural site features?

6 Step 3: CAP Strategy Consistency
Energy
Incorporating energy efficiency and/or renewable energy into a project can have long-term benefits for reducing utility bills and GHG emissions while adding value to the property. The City encourages all projects to incorporate energy efficiency and renewable energy into project design and construction. See Attachment 2- Daylighting for more examples.

Projects subject to CEQA that are using the Checklist for CEQA streamlining eligibility must incorporate the GHG reduction strategies marked as “(Required).” If “no” is marked for a required measure, the project will not be eligible to use the checklist for CEQA streamlining.

GHG Reduction Strategy Sustainable Development Measures Yes No E-1: Lighting Efficiency
Upgrades (Required)
Installation of high-efficiency lighting: Does the
project include LED lights, solar tubes, sky lights, and take consideration of room orientation to maximize
the use of natural lighting? Are the work spaces
designed to support direct access to natural light for
as many occupants as possible to reduce the demand
and use of artificial lighting and improve worker
comfort and efficiency?
E-2: Comprehensive
Building Efficiency
Energy efficiency: Does the project incorporate
sustainable construction and development practices
in the CalGreen Code such as cool roofs, vegetation,
permeable or other special pavements, shading
devices, operable windows placed for cross
ventilation, or other passive temperature control
factors to reduce building energy use and heat island
effects on and around buildings?
E-3: Improved Building
Temperature Controls
(Required)
Natural climate control features: Are natural
temperature control factors such as cross
ventilation, wind protection, and shade considered in
site and building design for the project? For example,
does the plan utilize heat recovery ventilation within
residential or nonresidential buildings, which, rather
than venting warm exhaust air outside, captures the
exhaust air and uses it to preheat incoming air?

7 E-4: Improved Building
Temperature Controls
Innovative site designs: Does the project include
innovative site designs and building orientations for
new construction that incorporate passive and active
solar designs and natural cooling techniques?
Efficient heating and cooling: Does the project
include buildings with mechanical HVAC systems to
decrease energy use and increase reliance on
natural heating, cooling, and ventilation? Does the
design use high-performance building envelopes,
including insulation of floors, walls, and ceilings that exceed Title 24 standards, use of low-e glass and
other high-performance curtain wall or glazing
systems?
E-5: Renewable energy
generation and
procurement
Renewable energy (residential): Does the project
include solar installations of 3 kW or larger to
accommodate electric vehicle charging and achieve
net zero carbon footprint without future need to
increase inverters?
Renewable energy use (residential): Will homes be
constructed for the subsequent installation of solar
photovoltaic and/or solar water heaters?

8 Please explain how the proposed project incorporates the required measures and any additional sustainable development measures consistent with the CAP and Cal Green Tier One standards as applicable.
 Does your energy plan utilize location and
natural daylight patterns to minimize energy
use? Does your plan leave space for
improvement and innovation?

9 Transportation and Land Use
Practices and infrastructure that promote ease and convenience of pedestrian, bicycle, and transit travel for daily trips that situate residents in proximity to workplaces, goods and services, and recreational opportunities, are essential to reducing the use of passenger vehicles locally and regionally. The City encourages all projects to incorporate sustainable development measures into project design and construction to support the reduction of single-occupancy motor vehicle use and increase the use of efficient and alternative modes of transportation. For specific examples, see Attachment 3- Transit Innovation.

Projects subject to CEQA that are using the Checklist for CEQA streamlining eligibility must incorporate the GHG reduction strategies marked as “(Required).” If “no” is marked for a required measure, the project will not be eligible to use the checklist for CEQA streamlining.

GHG Reduction Strategy Sustainable Development Measures Yes No T/LU-1: Infill
Development,
Redevelopment, and
Repurposing
Density (residential): Does the project incorporate
the highest level of residential density allowed in the zoning code?
Infill development: Does the project develop on an
underutilized or unused infill site?
Use of existing structures: Does the project reuse an
existing structure(s)?
T/LU-2: Smart Growth in
New Development
Infill and proximity of housing: Does the project
include infill housing and housing built within walking distance to jobs, transportation, and amenities?
Transit services: Is the provision of public
transportation abundantly prioritized?
Proximity of transit services: Will the project be
served by public transit within ¼ mile of the site, or
closer, for the elderly or disabled?
Mixed use development: Does the project incorporate
mixed uses within the development?
Proximity to retail (residential): Does the project’s
plan support convenient walking and biking distances
for daily shopping trips?
T/LU-3: Smart Growth in
New Development
(Required)
Alternative transportation (commercial): Does the
project include bicycle parking, electric vehicle
charging stations, and/or other Transportation
Demand Management (TDM) incentives for nonfossil-fuel transportation?

10 T/LU-4: Increase Mass
Transit Use, Walking, and
Bicycling
(Required)
(Specific Plan
Requirement above CAP)
Bicycle-friendly design: Does the project provide
secure bicycle storage options and/or bike share
programs?
Does the project provide well-lit, covered bicycle
parking and storage options equal to at least 10% of
the number of vehicle parking spaces credited to the
project? In industrial, office, and research/tech
buildings over 50,000 sq ft, are locker rooms and
showers (2 minimum) or similar facilities provided
for employees?
T/LU-5: Increase Mass
Transit Use, Walking, and
Bicycling
Bike Share: Does the project provide bicycle share
programs?
T/LU-6: Increased Use of
Alternative-Fuel Vehicles
Electric vehicle (EV) chargers (residential): Does the
project include EV charging infrastructure?
Please explain how the proposed project incorporates the required measures and any additional sustainable development measures consistent with the CAP and Cal Green Tier One standards as applicable.

11 If the proposed project incorporates sustainable development measures beyond what is included in the CAP, please explain.
 Does your plan include designs that serve
the needs of everyone, including the elderly
populations, or those disabled?
[Cite your source here.]

12 Urban Forest & Open Space
Trees help reduce GHG emissions in several ways: reducing the heat island effect, reducing indoor building temperatures, and carbon sequestration. Planting trees strategically can have long-term benefits for beautifying streets, reducing utility bills and GHG emissions, and increasing comfort inside and outside of buildings. The City encourages all projects to incorporate appropriate placement and planting of trees into project design and construction. See Attachment 4 for examples of ideal urban forestry implementation.

Projects subject to CEQA that are using the Checklist for CEQA streamlining eligibility must incorporate the GHG reduction strategies marked as “(Required).” If “no” is marked for a required measure, the project will not be eligible to use the checklist for CEQA streamlining.

GHG Reduction Strategy Sustainable Development Measures Yes No UF-1: Urban Forest
Management Plan
Urban Forest Management Plan: Does the project
include planting mediums, planting techniques, and
soil amendments that can provide multiple benefits
as identified in Woodland’s Urban Forest Master
Plan?
UF-2: Increased Tree
Planting
(Required)
Shade tree cover (residential): Does the project
include two shade trees per home on east, west, or
south face of the home with trees located to prevent
interference with solar PV production?

Shade tree cover: Does this project include the
planting of larger trees to maximize the GHG
reduction benefit?

Shade tree cover: Does this project include street
trees to shade asphalt and parked cars?
Please explain how the proposed project incorporates the required measures and any additional sustainable development measures consistent with the CAP and Cal Green Tier One standards as applicable.

13 If the proposed project incorporates sustainable development measures beyond what is included in the CAP, please explain.
 Does your plan include the preservation
of native greenery? Does it aid in the
preservation/restoration of endangered
wildlife?

14 Water & Solid Waste
Incorporating water conservation and waste reduction measures into project design and construction supports long-term reductions in GHG emissions. The City encourages all projects to incorporate water conservation and waste reduction measures into project design and construction.

Attachment 5- Production Waste provides further examples of water conservation and solid waste reduction strategies.

GHG Reduction Strategy Sustainable Development Measures Yes No W/W-1: Increased Water
Conservation
Water conservation: Does the project meet or
exceed Title 24 water conservation building
requirements? Does project landscaping utilize
climate sensitive irrigation systems and other
water-efficient bubblers and drip irrigation systems?
Drought-tolerant landscaping: Does the project
include at least 50% drought-tolerant native
landscaping features in the landscape design?
W/W-2: Solid Waste
Reduction and Waste
Processing Improvements
Construction Recycling: Will steps be taken to
ensure that the project meets or exceeds the
minimum requirement for construction and
demolition debris recycling in accordance with the
City’s ordinance?
Recycling: Does the project allow adequate space for
future collection of recyclable materials?
Organics Recycling: Does the project allow adequate
space for future collection of food waste for largescale processing as compost or into biofuels? Please explain how the proposed project incorporates the sustainable development measures consistent with the CAP and Cal Green Tier One standards as applicable.

15 If the proposed project incorporates sustainable development measures beyond what is included in the CAP, please explain.
 Does your design include organics and
recycling bins throughout the site? Are the bins
placed frequently, to prevent litter and
unnecessary waste?

16 Step 4: Additional Questions

1. Please provide a statement indicating the manner in which the project will meet sustainability goals and polices contained in the City’s General Plan and Climate Action Plan. Examples of measures that may be utilized include, renewable energy, cross ventilation, operable windows, efficient heating and cooling systems, window awnings, light roofs, electric vehicle charging infrastructure, secure bicycle parking, and other measures.

2. Urban development and increases in paved surfaces can increase the heat island effect resulting in an urban area that is significantly warmer than surrounding rural areas. Please provide a statement summarizing the measures that have been taken to reduce heat related concerns. Examples may include: covered and shaded walkways, extensive tree canopy, awnings or other shade structures, outdoor rooms or courtyards, indoor ceiling fans, and other measures.

17 Step 5: Certification
I hereby certify that the statements furnished herein and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability and that the facts, statements and information presented are true and correct to the best of my knowledge.

Signature: __________________________________________________ Date: _________________

18 ATTACHMENT 1- ABOVE AND BEYOND: THE LIVING BUILDING CHALLENGE The innovative nature of architecture and design requires the progression of sustainable practices, and state-of-the-art invention. The Woodland Research and Technology Park CAP Checklist is comprehensive, but there are even more ways to have a positive impact, and go beyond the base requirements.

One example of such originality is the Living Building Challenge. The International Living Future Institute developed a standard for buildings “that, like a flower, give more than they take”.

Living Buildings are:
• Regenerative buildings that connect occupants to light, air, food, nature, and community. • Self-sufficient and remain within the resource limits of their site. • Create a positive impact on the human and natural systems that interact with them.

Such buildings can be found as close as Sacramento, where the Arch Nexus building on R Street utilized the existing structure and reclaimed materials to fabricate a state-of-the-art architecture office that prioritizes conservation and a sustainable vision for the future. To learn more, visit the Living Building challenge website at https://living-future.org/lbc/.

The Sacramento Valley Station is another example of local design planning, using the Living Building Challenge as a cornerstone of the reimagining of the sixth-busiest Amtrak station in the country. The new plan utilizes the existing historic railyard building and draws inspiration from transit centers around the world, culminating in a modern, multi-use epicenter. The Master Plan is the completed concept design of varied multi-use spaces near the Downtown Sacramento Area, a future magnet for innovative residential and office spaces surrounding the latest implementation of human ingenuity. To learn more about the Station plans, visit http://www.cityofsacramento.org/PublicWorks/Sacramento-Valley-Station.

Photo sources Left: JW Vaneck (https://unsplash.com/photos/OFDrwleTtdE); Right: Roman Babakin (https://unsplash.com/s/photos/living-building)

19 ATTACHMENT 2- ABOVE AND BEYOND: DAYLIGHTING
WBDG.ORG/RESOURCES/DAYLIGHTING
Daylighting is the controlled allowance of natural light into a building, in an effort to curb energy usage and GHG emissions, while saving money on operating and production cost. Daylighting can be maximized by optimizing building, skylight, and window orientation. In addition to directing light admission, integrating shading technology is crucial to averting unwanted side effects of daylighting, like glare and overheating. Some examples of such techniques include:
• High performance window glazing
• Skylights
• Daylight redirection devices
• Daylight-responsive electric lighting controls
• Solar shading devices
Common uses of daylighting in museums involve the integration of light with whole building design.

When directing light in an exhibit, the architect must take the comfort of the patrons, the preservation of the artwork, and the best lighting, into account. More information on the subject can be found by visiting
https://www.archdaily.com/tag/daylight.

Get Inspired
Such challenges render stunning examples of modern architecture, and can be found in the Jumex Museum of Mexico City, and the Kult Museum in Vreden, Germany. Both buildings are examples of balancing design with the natural world, while accounting for human comfort. More information on the subject can be found by visiting https://www.archdaily.com/960558/beyond-artificial-lightingmuseums-exploring-the-benefits-of-daylight.

Photo sources Left: Flipboard (https://unsplash.com/photos/Ylus81fS7q4) Right: Martin Olsson (https://unsplash.com/photos/VqtoOKk3JhI)

20 ATTACHMENT 3- ABOVE AND BEYOND: TRANSIT INNOVATIONYOLOCOMMUTE.NET/EMPLOYER-PROGRAMS/ The Yolo Commuter Club is a branch of the Sacramento Region 511, which is an incentivebased commute tracking system. Businesses and building owners that opt in to this public program on behalf of their members experience tax breaks for the ability to reimburse tenants and employees for using the following commute methods:
• Vanpool/Carpool
• Biking
• Walking
• Public Transit
This program may act as an incentive for building owners to offer businesses, or businesses to offer to tentative employees. The Commuter Club involves benefits of up to $25/month for 3 consecutive months of biking, walking, and carpooling, and $50/month for 3 consecutive months of using public transit. The member has the option to track trip miles on a smartphone app called Commute Tracker, or keeping track on their SacRegion511.org dashboard. Incentivizing a smaller Carbon footprint while attracting businesses and residents with monetary benefits is a great long-term investment option. To register or learn more, visit https://sacregion511.org/#/.

Photo sources Left: Kansas City Area Transportation Authority (https://www.kcata.org/about_kcata/entries/environmental_benefits_of_public_transit) Right: Yolo Commute (http://www.yolocommute.net/ride-match-program/)

21 ATTACHMENT 4- ABOVE AND BEYOND: THE “CITY IN A GARDEN” POLICY As land availability decreases with agriculture and climate change, the need for carbon sequestration and greenery grows. The benefits of green buildings are largely justified by lower temperature control costs, healthier populations, and a higher return on building value. Green buildings are an excellent option for those working with limited land space, and a need for carbon sequestration. In addition to ornamental foliage, green spaces can be used to cultivate produce in learning gardens, which feed the residential population.

Read On:

In 1967, the Prime Minister of Singapore introduced the Garden City policy in an effort to make the city more pleasant to live in, and revive the greenery of the island, previously stripped by British colonists. The policy foundation highlighted tree planting as the first step in beautifying the urban streetscapes, focusing on over-built and skyscraper-heavy areas. Over 55,000 trees were planted by the end of 1970, and grew to 1.4 million by 2014, achieving 56% vegetation cover by 2010. In an effort to maximize their new vision, the Singapore government moved from “Garden City”, to “City in a Garden”, with the idea that the city should be within the environment, and nature should be enjoyed by all. State of the art gardens and nature parks were installed, with immediate benefits, such as less reliance on fuel-based temperature control, and an average outside temperature of three degrees lower. Urban areas were then optimized to support greenery and recreation, with government incentives for building owners and developers to install rooftop and vertical greenery. Skyrise greenery is a versatile idea that inspires myriad possibilities, for example:
• Growing Food on Rooftops
• Do-it-Yourself Green Wall
• Creating Educational Gardens
• Cultivating Native Plants
• Aesthetics of Skyrise Greenery
All of the above projects are in new development stages in Singapore, and can be tested in small batch methods. Singapore currently boasts 330 acres of skyrise greenery cover, and aims to increase to almost 500 acres by the year 2030. The implementation of these policies led to Singapore’s rank as one of the most eco-friendly countries in the world, and renown for urban planning restoration and innovation. For more information on urban forestry and greenery cover, visit nparks.gov.sg/skyrisegreenery.

Photo sources Left: Gardens by the Bay- Singapore by Victor (https://unsplash.com/photos/nDK_3biAGHc); Right: Digby Cheung (https://unsplash.com/photos/qyOvSz_lJEQ)

22 ATTACHMENT 5- ABOVE AND BEYOND: PRODUCTION WASTE
Reusing waste in the building and design of new construction is a great way to combat landfill emissions, and push creative design boundaries. One such idea is utilizing existing plastic to manufacture building materials. Some examples of this include recycled plastic and asphalt roads, and recycled plastic bricks for building homes. Because of the durability and resilience of plastic, construction companies are finding new ways to reuse old materials.

Get Inspired:

One such company is Technisoil- a Redding, CA based pavement company that specializes in the latest asphalt technology. Technisoil studies observed that, by combining the original asphalt in an old road, with recycled plastic, the resulting material renders a road that lasts two to three times longer than asphalt, with five times the strength. The process of producing such roads actually saves money, by only using non-virgin materials that taxpayers have already paid for.

Another example of plastic innovation is its use in construction materials. Manufacturing companies like Gjenge Makers are discovering the benefits of creating plastic based building materials. Gjenge Makers serves the Nairobi, Kenya area, and uses the plastic in local communities to generate mixed plastic pieces, which are mixed with sand at high heat, and then pressed into blocks. The blocks are lighter, cheaper, and more durable than concrete bricks. The lighter bricks make transportation and building faster and more efficient than using concrete, and help clean up plastic pollutants.

By contracting a company that uses non-virgin materials, you can support an environmental economy, save money, and reduce waste. For more information on project examples, visit technisoilnd.com, or gjenge.co.ke.

Photo sources Left: Sergey Lapunin (https://unsplash.com/photos/HN0RWzwz_FI); Right: Julian Hochgesang (https://unsplash.com/photos/DiLbTILKT34)

23 RESOURCES
Listed below are resources and incentives for participating in innovative sustainability practices:
• The Energy Partnership Program
The California Energy Commission’s Energy Partnership Program offers services to help identify cost-saving opportunities for buildings and new construction. This program can be used to audit energy costs for existing buildings and review proposals and designs.

Applications are accepted on a first-come-first-served basis, with no final filling date. More information can be found at https://www.energy.ca.gov/programs-andtopics/programs/energy-partnership-program. • U.S. Department of Energy Office of Energy Efficiency and Renewable Energy The U.S. Department of Energy offers a solar investment tax credit (ITC) that can be claimed on federal income taxes for up to 30% of the cost of a solar photovoltaic system that is placed in service during the tax year. To check eligibility and learn more, visit energy.gov/eere/solar.
• CA Strategic Growth Council- Affordable Housing and Sustainable Communities AHSC provides funding for affordable housing development and transportation infrastructure. Its goal is to create sustainable communities by building affordable housing near transportation, thus reducing individual car use. One example of a funded project includes West Gateway Place, an affordable housing community built next to a major transportation improvement. To learn more about the grant project and eligibility, visit https://sgc.ca.gov/programs/ahsc/resources/.
• CalRecycle Reuse Grant Program From California Climate Investments CalRecycle offers grants to reduce greenhouse gas emissions through technology and innovation. Such projects include affordable housing, renewable energy, public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture, recycling and much more. At least 35 percent of these investments are made in disadvantaged communities and low-income communities and households. For more information, visit https://www.caclimateinvestments.ca.gov/.

Summary of Amendments to the WRTP Specific Plan since Public Review Draft Release Since the City released the Public Review Draft Specific Plan, and as a result of public input and meetings, the City made various changes to the plan. The City made numerous non-substantive text changes to the to clarify terms, correct grammatical errors, correct figures, and place headers and other identifying information in the correct places. These changes did not substantively change the text of the WRTP Specific Plan. Rather, the changes corrected errors and provided additional clarity. A summary of Specific Plan changes is provided below, however, this is not a precise or exhaustive list. Please also visit https://www.cityofwoodland.org/585/Documents for redlined edits of the Public Review Draft Specific Plan Chapters. In some cases, updated exhibits must be compared with the original Public Review Draft Chapters, also available online at https://www.cityofwoodland.org/585/Documents.

Chapter 1, “Introduction and Vision”
• Update to Exhibit 1-1, Vision Concept Diagram to correct and remove “open space” area shown at the southeast corner of the plan area.

Chapter 2, “Land Use Framework”
• Within Exhibit 2-1, Land Use Plan, and Table 2.1, Land Use Summary, the proposed detention pond in the southeast corner of the WRTP Specific Plan Area was differentiated from the other open space land uses of the WRTP Specific Plan. Similarly, the general area available to serve a potential school was identified in Exhibit 2-1, Land Use Plan.

Chapter 3, “Land Use Regulations, Development Standards & Guidelines” • Section 3.3.2 Performance Standards – A new Section, E. Truck Trips, has been added under Section 3.3.2, Performance Standards, to specifically clarify that large-scale logistics/distribution uses are not permitted in the Specific Plan Area including uses with substantial diesel-powered truck trips. While light manufacturing uses are permitted and some distribution of finished product is anticipated, no individual use shall exceed 50 truck trips per day. Where ancillary to permitted uses, storage areas shall be limited to not more than fifty percent (50%) of gross building square footage and not more than 89,000 square feet, whichever is less. Warehouse, Storage and Distribution/Logistics uses were removed from the Permitted Use Table 3.1 entirely.
• The definitions of Open Space/Park Zones in Section 3.2.4, Description of Zoning Categories, was refined for clarity.
• Table 3.1 Permitted Uses – Permitted use “K-12 Public/Private School” was amended to “TK-12 Public/Private School,” to clarify that Transitional Kindergarten is also an anticipated grade level in the Plan Area. Further, clarification was provided that greenhouses and agricultural test plots are permitted as accessory uses in the RTP and RTP/RFO zones when associated with Research and Development.
• Table 3.3, Site Development Standards for Residential Zones updated to require 1 bike parking space minimum per Medium Density Residential unit, and a requirement that within VCMDR and MDR zones, units fronting Marston or the liner park, The Yard, shall be developed at or above 15du/ac, consistent with a townhome or row house product type (to maintain a more urban feel in this area).

• Table 3.3, Site Development Standards for Residential Zones updated to provide an exception to ground floor commercial development along Road B in the HDR/CCO zone, if restricted affordable housing development is proposed.
• Section 3.5.3 General DS/DG for all Zones within the Research and Technology Park District, and Section 3.5.12 General DS/DG for all Residential District Zones –Additional guidelines have been included in Sections B and D, Sustainable Design, respectively, to further implement the sustainable design goals and vision for the Plan Area including guidance on the use of sustainable materials and construction practices.
• Electric Vehicle Charging pursuant to California Green Building Standards Code, Tier I requirements have been added to all Zones/Planning Districts. • Section 3.5.3 General DS/DG for all Zones within the Research and Technology Park District – Guidelines pertaining to “Parking Lot Landscaping and Shading” were inadvertently left out of Section 3.5.3.G, Vehicle and Bicycle Parking, and have now been added. • Modifications to residential development guidelines throughout chapter to better align guidance with State required objective criteria for residential development.

Chapter 4, “Circulation and Mobility”
• Additional detail regarding design features such as bicycle facilities, landscaping, walkways, carshare/vanpool spaces and EV charging in the parking areas of the shared mobility hub, The Union, were added to Section 4.2.2, including Exhibit 4-1, Concept Site Plan of the Mobility Hub, The Union.
• Street classifications in Exhibit 4.3, Road Circulation Diagram, were refined and clarified to be consistent with the City’s General Plan, and detailed descriptions were refined throughout Section 4.5 for clarity.
• Clarifying and correctional updates to all trail, path and street section graphics.

Chapter 5, “Public Utilities and Services”
• Edits were made throughout Chapter 5, Public Utilities and Services, to reflect more current conditions and plans, such as reference to the more recently adopted 2020 Urban Water Management Plan, notation to the planned expansion of the recycled water utility into the Spring Lake and WRTP areas in 2024, and clarifications regarding proposed stormwater management systems. Additionally, changes to the green belt cross sections were made to accommodate the future recycled water line and provide at least 22 feet of clear distance between the underground utility and the western green belt property line in order to allow for a significant amount of tree coverage in the green belt.
• Removal of 4.2 acre detention basin from park and open space acreage, Table 5.6. • Updates to Section 5.12, Schools, to show up to a 12-acre (rather than 10 acre) portion of the MDR parcel located at the northeast corner of Road B and E will be reserved for a potential school site in accordance with the terms of the development agreement.

Chapter 6, “Implementation”
• Additional language has been added to Section 6.2.3 Subsequent Implementation Documents/Analysis pertaining to future concept plans, implementation of and/or construction

of The Yard (11-acre linear park), the Mobility Hub, a comprehensive plant and street tree palette, and the Transportation Demand Management plan to clarify expectations and provide additional guidance for the future development and planning of these amenities and/or implementation documents.
• A new Section, 6.5 Density Transfer, has been added to ensure diversity of housing types and densities while ensuring residential development consistency with Specific Plan environmental analysis and development assumptions including the anticipated development of 1,600 residential units and a minimum average residential density of eight dwelling units per acre (8 du/ac).

Chapter 7, “Administration”
• Section 7.4.1.2 Minor Administrative Modifications – Additional provisions have been added to allow some flexibility around final and precise zoning district boundaries to ensure optimal and efficient land use for residential development, so long as zone boundaries remain compatible with and not detrimental to adjacent properties or uses; residential densities proposed along the Harry Lorenzo/linear greenbelt do not change; overall development densities remain consistent with development concepts set forth in the Specific Plan.

Summary of Community and Stakeholder Outreach
Since the release of the Public Review Draft Woodland Research and Technology Park Specific Plan in November 2020, and the release of the Draft EIR in May 2021, staff and representatives of the applicant team have held or participated in several community and stakeholder outreach meetings to share information about the project, obtain feedback and respond to questions about the proposed plan.

Stakeholder organizations include:
• the Woodland Chamber of Commerce Public Policy Committee; • the Woodland Technology Alliance;
• Yolo County Association of Realtors;
• Woodland and Davis Rotary and Woodland Kiwanis clubs; and • the Greater Sacramento Economic Council's Food and Ag Innovation Council.

Two virtual community meetings facilitated by city staff were held in February 2021 with approximately 100 attendees present at each meeting. Additionally, the Specific Plan was shared at public meetings of the Woodland Planning Commission, Parks and Recreation Commission, and the Sustainability Advisory Committee. Staff and the applicant team have responded to several phone calls and emails from the public regarding the plan and have met with a neighborhood working group, predominately comprised of Spring Lake residents, over the course of plan review. A summary of comments received is provided below.

Stakeholder Organizations: As listed above, staff and representatives of the applicant team have met with several local and regional professional organizations representing a variety of industry sectors to share information about the proposed plan and, more importantly, to obtain feedback and guidance on the viability of the proposal. Across the board, feedback received from these organizations was positive and enthusiastic. Specifically, comments focused on the positive economic benefits the Research and Technology Park would have on the community and the opportunity for local professional and career development. Partners in the ag, food and health sectors highlighted the need for this type of development project in the region and the ideal location of this facility in Woodland, recognizing proximity to world leading research at UC Davis and the existing strengths of the local ag and food economy. While some individuals questioned the need for new office space citing COVID19 related changes in the workplace, a majority of the feedback supported and encouraged the Research and Technology campus where innovations require in person and technical facilities and where there is a recognized deficit of similar facilities in the region.

Community Informational Meetings (Virtual): On February 9 and 11, 2021, City staff hosted two virtual webinar style community meetings to provide a detailed overview of the proposed Specific Plan (recording of the meetings available here: (https://www.cityofwoodland.org/ResearchParkOutreach). To get the word out about the meetings, over 3,000 postcards were mailed to Spring Lake property owners and residents, notification was provided in the Daily Democrat and on various city and neighborhood social media channels, and newsletters were emailed to approximately 300 community residents on the project's email listserv. Approximately 100 attendees were present at each meeting and in total, approximately 140 questions were submitted via the webinar "chat" function or orally during the

question and answer period. Staff and the applicant addressed most questions during the live webinars and followed up with a Frequently Asked Questions (FAQ) page on the project website, synthesizing all questions received into 30 categories and responding to each (https://www.cityofwoodland.org/ResearchParkFAQ) (see also FAQ section below). To date, the FAQ page has received over 890 unique page views and over 1,000 page views in total. FAQs were most recently updated in July and August 2023.

While many questions were received during the webinars, a majority of questions focused on the following six categories:
• Affordability and diversity of housing, primarily the desire for more affordable housing and variety of housing types in Woodland. Conversely, concerns were also expressed about too much high density housing in the plan area;
• Provision and desire for an elementary school in the plan area; • Sustainability aspects of the plan, including the desire for solar and electric vehicle chargers as well as other more progressive sustainability measures; • Circulation and infrastructure improvements, primarily pertaining to the Spring Lake area, CR25A, CR102 and Hwy 113/CR25A interchange improvements; • Public services, primarily police and fire; and
• Project phasing, timing of amenities and financing plan.

A majority of the questions received have been addressed in the Specific Plan, EIR, Development Agreement or have been more appropriately addressed separately from the plan, including questions specific to Spring Lake or other areas of the city.

As noted above, a group of community residents requested meetings with staff and the applicant team over the course of developing the Public Review Draft Specific Plan to better understand the project and make recommendations. This group of residents as well as individual community members apart from the group have provided helpful feedback with regard to specific elements of the plan including circulation, schools, infrastructure and sustainability. Additionally, the group provided recommendations on community outreach strategy, future entitlement review, and potential concerns of adjacent Spring Lake residents.

City Commissions/Committees: In March, April and June 2021 respectively, staff presented the Draft Specific Plan to the City of Woodland's Parks and Recreation Commission, Sustainability Advisory Committee and Planning Commission. Feedback from the Parks and Recreation Commission and from the Sustainability Advisory Committee was positive and supportive of the plan as presented.

Comments from the Parks and Recreation Commission centered around the provision of solar panels and facilities, consistency with the city's Climate Action Plan, native landscaping, and support and excitement around the greenbelt and trail circulation network and the 11-acre linear park as a nontraditional park intended for gathering purposes.

Comments from the Sustainability Advisory Committee focused on specific recommendations around sustainable design measures individual development projects may consider in addition to those already outlined in the plan. The committee expressed appreciation for the plan's consistency with the City's Climate Action Plan and greenhouse gas reduction strategies.

Members from both the Sustainability Advisory Committee and the Planning Commission expressed strong support to see a correlation and balance of nonresidential "jobs" buildout in relation to residential buildout to ensure the plan delivers the needed economic benefits to the community and does not become a "bedroom community." The Planning Commission also expressed support for the development of the Specific Plan to date, offering comments around specific design elements including gateway elements and enhanced corridor features and recommendations around specific uses. The Planning Commission acknowledged public concerns around the provision of an elementary school in the plan area. The Planning Commission will be asked to take formal action (a recommendation to City Council) on the project prior to City Council's final action on the adoption of the Specific Plan and the certification of the EIR.

FAQs
Also available on the project webpage https://www.cityofwoodland.org/1282/Frequently-AskedQuestions

1.What are the required project approvals/entitlements, timeline, and process going forward? When can I provide comments?
Prior to implementation of the Woodland Research and Technology Park Specific Plan, and prior to future development within the plan area, various entitlements are required and entail approval action by the Woodland City Council as the lead agency and/or other responsible agencies such as the Yolo Local Agency Formation Commission (LAFCo). The following entitlements (typical of specific plans generally) will apply to the proposed Woodland Research and Technology Park project:

1. Certification of the project Environmental Impact Report (EIR) and Mitigation Monitoring Plan - City Council will take action to approve and certify the project EIR and Mitigation Monitoring Program for the Specific Plan.

2. Specific Plan Approval/Adoption and General Plan Amendment - City Council will take action to approve and adopt the Specific Plan and amend the General Plan to create a new City of Woodland land use designation of Woodland Research and Technology Park Specific Plan and amend the Woodland City Limits boundary. This action will also include approval of the LAND PLAN, project design guidelines and performance standards, affordable housing plan and climate action/greenhouse gas reduction strategies for the research/technology park and residential neighborhoods.

3. Prezoning - City Council will take action to approve the “pre-zoning” of the land within the specific plan area boundary based on the approved land plan in preparation of subsequent annexation of the project site into the Woodland City Limit.

4. Development Agreement - City Council will approve a Development Agreement for the WRTP to provide certainty and mutual assurances to the City and the project applicant regarding plan build out.

5. Annexation - City Council will authorize and direct staff to pursue annexation of the project area into the city limits through LAFCo.

Prior to City Council action on the above listed entitlements, a fiscal impact report and establishment of project financing mechanisms (“Project Financing Plan”) will be provided to council for its consideration.

The Draft WRTP Specific Plan was made available for public review in November 2020. Community and stakeholder meetings and presentations began in January 2021 and will continue through the Spring to provide information about the project and allow attendees to ask questions and provide comments on the proposed Specific Plan. Comments and questions are encouraged now and throughout the process and can be provided via email to: [email protected], or during any future public hearing at the Planning Commission or City Council.

A detailed project schedule and information regarding opportunities for public comment can be found online at https://www.cityofwoodland.org/584/Community-Outreach-PublicHearing-Inform, or by clicking HERE. Please note, the schedule is subject to change and will be updated online accordingly.

To keep apprised of future meeting and/or public hearing dates, and the availability of documents, please email [email protected] and request to be added to the project’s email listserv.

2.When will the Draft Environmental Impact Report and technical studies be released? When can I comment on this document?
The Draft Environmental Impact Report (DEIR) and associated technical studies were released for public review and comment in May 2021. The DEIR and associated technical studies are available online HERE. Hard copies of the document can be viewed at City Hall, 300 First Street, Community Development Department.

Upon release of the DEIR, a 45-day public review and comment period was held, during which time the report was presented to the Woodland Planning Commission at a noticed public hearing. The formal comment period closed on July 2, 2021. Since this date, the city staff have worked with its environmental consultant and the project applicant team to incorporate recommendations received, where feasible, and/or respond to comments provided.

Prior to City Council approval and adoption of the WRTP Specific Plan, the Woodland Planning Commission and City Council will receive and be asked to certify the Final Environmental Impact Report (FEIR), which will include a "response to comments" received during the 45-day public comment period and any final edits/updates to the EIR and Mitigation Monitoring and Reporting Plan. The Final EIR and related documents will be made available to the public prior to the Planning Commission and City Council hearings. It is anticipated that the City Council will take action on the FEIR during a public hearing in late Summer 2023. [Updated July 2023]

3.When will the Technology Park start construction? What is the anticipated timeline for plan area build out?
It is anticipated that phase one of project development could begin as early as 2024, upon adoption of the Specific Plan by the Woodland City Council. The 350-acre plan area will likely build out over 15 to 20 years and dependent on market demand. [Updated July 2023]

4.What are the prospective anchor tenants in the Technology Park? Is there still a need for this type of facility given the “new normal” of working remotely?
The Specific Plan is not prescriptive with regard to businesses that locate in the plan area provided they are consistent with the plan area zoning requirements. However, it is expected users will include companies involved in ag technology, seed technology, life sciences, environmental science, food science, advanced manufacturing, professional office and numerous related fields. The market will determine the business absorption rate, but it is expected there will continue to be demand for these uses and at this location.

Companies focused on research and development, laboratory science, and advanced manufacturing will continue to need a physical location to do business and development new and cutting edge technologies. Regionally and throughout the Bay Area, demand for lab space is growing and vacancy rates are extremely low. In Woodland, Light Industrial and Flex space that would accommodate growing and new companies is at less than 1% vacancy, an all-time low. Woodland is the center of agriculture in Northern California and located strategically near UC Davis. Companies locating or expanding in the Technology Park will look to take advantage of Woodland’s long history and industry strengths in the food and agricultural sector, the project’s proximity to UC Davis, a leading research university in crop science, and to adjacent agricultural land and open space for field trials.

5.Will local independent businesses be given priority in locating in the Technology Park? Will the city allocate funds for startup businesses in the plan area? While priority will not be expressly granted to any businesses allowed under the zoning, the City of Woodland Economic Development Division actively works with local businesses to assist in their expansion or relocation needs. Given these existing relationships, the city has already begun to develop a list of local businesses that have expressed interest in (re)locating in the project and will work to facilitate placement of local businesses in the Technology Park. Additionally, incubating new companies is a core objective of the project. To that end the City will be partnering with the developer and other organizations such as Woodland-based AgStart to invest in facilities and programs to support start up companies.

6.Is the City working with Woodland Community College to focus on long-term workforce development initiatives that will support efforts to train Woodland residents to be competitive for jobs that will

A key guiding principle of the project is talent retention and the creation of career opportunities and upward mobility for Woodland residents. The City and applicant team have met with representatives of Woodland Community College and the Woodland Joint Unified School District on long-term workforce development initiates to prepare Woodland residents for the careers the plan area will provide. Already underway, and continuing as the Research and Technology Park builds out, the city and applicant team will engage with representatives from industry and academia to identify skillset needs of existing and prospective technology-based companies. New career training pathways as well as mentorship and internship programs will be formally developed for Woodland residents seeking local career opportunities with higher earning potential.

7.Will UC Davis be a development partner, like with Aggie Square in Sacramento? UC Davis does not have a formal development partnership in the project and unlike Aggie Square, they do not own the land. However, the project will provide opportunities for UC Davis to develop facilities and/or programs aligned with the project plan should they desire to do so. The City and development team have had preliminary discussion with University representatives and once a project is entitled will re-engage to explore potential opportunities to partner.

8.How will the Village Center be developed?
The 44-acre Village Center is specifically planned as the core center of the entire development. The size and the location is planned based on successful mixed use developments in a similar context. The Village Center’s 3.5 acre mixed use zone will allow for a mix of smaller format commercial spaces and mixed-use buildings that will accommodate uses such as retail/food venues and co-working spaces on the ground floor, with residential and office uses permitted on second and third floors. The retail uses are anticipated to serve both the surrounding office/Technology Park and residential neighborhoods. “The Yard,” an 11-acre linear park, located immediately north of the mixed-use retail zone, is the physical center and social heart of the Village Center and the broader plan area. Envisioned as a largely passive green space, The Yard will serve as a shared “front porch” for the broader Tech Park community.

A mix of low density (VCLDR) and medium density (VCMDR) residential units are located on the eastern portion of the Village Center District. Contemporary row house, townhouse, small lot and detached units will provide a variety of housing opportunities for those that desire a more centrally located and lively residential experience. Residential units within the Village Center will help foster an active mixed-use District well past traditional office hours, bolstering the viability of retail and commercial uses.

It is anticipated that the Village Center mixed use zone will build out as commercial/office uses in the Technology Park and the residential area also build out creating demand for retail/restaurant amenities. See Chapter 2, Section 2.4.2 of the Specific Plan for a more detailed description of the Village Center planning district.

9.What businesses and uses are permitted in the Specific Plan area? Will there be a market or medical clinics, such as an urgent care clinic?
Uses allowed in the Specific Plan Area are outlined in the “Permitted Use Table” found in Chapter 3 of the Specific Plan or HERE. Whether a listed use is allowed in a particular zone (i.e. a business or commercial zone versus a residential zone) is determined by the corresponding letter found in the table and further defined in the table’s legend. Generally, a use is “permitted” and allowed by right, allowed through issuance of a zoning administrator permit, a conditional use permit, is an ancillary use or is not permitted. When a use is not specifically listed in the table, the use may be permitted if the City determines that the use is similar to other uses listed.

As identified in the Permitted Use Table, a grocery store and a medical or dental office are permitted uses in the project area, in the Research Technology Park, Village Center and High Density Residential/Community Commercial Overlay Zones. These uses are not required or mandated by the plan, but are welcomed and encouraged as neighborhood and community serving amenities.

10.When will design of the 11-acre linear park take place? Will there be an opportunity for community input?
Following the adoption of the Specific Plan and prior to first phase development, the project applicant in partnership with the City will prepare a conceptual plan for the park to guide phased park improvements, design and amenities and ensure pedestrian and bike paths internal to the park connect to the external network trail and greenbelt system. Prior to construction of the park, the community will have an opportunity to review and provide feedback on the proposed park design plan. To keep apprised of the park planning schedule and updates, please email [email protected] and request to be added to the project’s email listserv.

11.How wide will the greenbelt be?
As described in Chapters 4 and 5 of the Specific Plan, the project’s interconnected system of sidewalks, bike lanes and multi-use trails/paths are intentionally designed to link seamlessly throughout the Plan Area and to the shared mobility hub promoting more active and healthier transportation choices as well as recreational opportunities. The Plan Area’s greenbelt and linear greenway network consists of 3.1 miles of class 1 Multi-Use Trails. These facilities are more informal in nature with a 10-foot wide shared use path that gently meanders through landscaped open spaces. The overall width of the greenbelts and greenways will vary to reinforce the more informal nature of these spaces. The larger greenbelts are at least 50-feet in width and will be no less than 24-feet at neighborhood connectors or where located along the street right-of-way. The Multi-Use trails include a 2-foot gravel shoulder or low landscape edge with bi-level motion sensing LED path lighting. Trails will be well shaded with trees and have amenities such as exercise stations, benches, drinking fountains and occasional open turf areas to encourage passive and active recreational use.

A greenway along the eastern edge of the Plan Area will serve as a central spine, connecting the Plan Area to the existing Spring Lake development to the east. Located along the western edge of Harry Lorenzo Avenue, the greenway will extend the entire length of the Plan Area between CR 25A and Farmers Central Road. South of Marston Drive, the existing pavement in Harry

Lorenzo Ave will be removed and the existing right-of-way will be utilized for the greenway. This facility will be more informal in nature with a 10-foot wide shared use path that gently meanders through landscaped open spaces. Multiple trail connections to Plan Area subdivisions will be provided to connect pedestrian and bicycle traffic to the linear greenway and to/from the adjacent Spring Lake community. Intersections with Marston, Parkland, and Road F will be designed with a distinctive treatment to clearly delineate each crossing.

The Plan Area’s greenbelt and linear greenway network transitions to a more formal path facility within the more active urban areas of the plan. The 1.8 miles of Multi-Use Paths are a linear 10- foot wide shared use path that anticipates a higher utilization by all modes including bikes, scooters, pedestrians, and other forms of active transportation. Lighting will be integrated with the street lighting system and supplemented with pathway or bollard lighting where needed. Bike parking, scooter docs, and transit shelters will be strategically located along the Paths to support utilization of alternative transportation modes.

12.On the circulation map (Chapter 4, Exhibit 4-2), there is an arrow indicating a future WoodlandDavis bikeway. What is that and when is it planned? In 2001, the Davis-Woodland Bikeway Feasibility Study was completed through a partnership between Yolo County, the cities of Davis and Woodland, and the Yolo-Solano Air Quality Management District. A total of six routes were studied that could serve commute and recreational purposes. The desired alternative, taking into account commuter, recreational and aesthetic objectives, runs primarily along the east side of CR 101B, south of CR25A. The bikeway project is not currently funded, however remains a project of mutual interest of the cities and county. The project plan has been designed to provide a primary point of connection to this future project.

13.How is it ensured that the Tech Park builds out the way it is envisioned today? Development within the Technology Park Specific Plan area will be subject to the approved land use plan, zoning and development requirements outlined in the document. The project development team in partnership with the City carefully considered the appropriate mix of land use types, development requirements and residential densities based on anticipated market demands and in consultation with regional developers familiar with similar projects. The Specific Plan incorporates flexibility to allow for changing market conditions while still retaining the core vision for the plan area. As such, it is not anticipated that substantial modifications to the Specific Plan will be required. However, if plan modifications are requested by future property owners or as a result of new technologies, those changes would require approval by the Planning Commission and/or City Council at a public hearing, and may require additional environmental review, also subject to a noticed, public hearing and governing board approval.

14.How much will it cost to build out the project? How is it being funded? The WRTP Public Facilities Financing Plan (“Financing Plan”) completed in July 2023, outlines a strategy to fund public facilities and project infrastructure through Plan Area buildout. The Financing Plan identifies an estimated $255.5 million in public improvements needed to implement the Specific Plan and describes the proposed funding mechanisms to complete required improvements.

A WRTP Capital Improvement Program (“CIP”) prepared for the project, identifies approximately $156.9 million in backbone infrastructure cost obligation for parks, streets, storm drainage, water and sewer improvements. Completion of backbone infrastructure and other public facilities will be phased to serve logical increments of development, based on the demand for such facilities as the WRTP builds out. The timing and amount of development in each increment will depend on many factors, such as market demand.

Additionally, the WRTP will have an obligation to contribute to the construction of other infrastructure and public facilities not included in the CIP. For these public improvements, the developers will pay applicable City, County and WJUSD development impact fees. The cost obligation for these facilities is estimated at approximately $98.6 million for parks and open space, schools, libraries, fire, police, general government, public transit, affordable housing, habitat and agricultural mitigation and County facilities.

The developers of the WRTP will be responsible for advance funding and constructing all of the backbone infrastructure and public facilities needed to serve the WRTP, unless the City and WRTP proponents agree otherwise to City construction of specific improvements. The project includes the adoption of a new Plan Area development impact fee program, the Woodland Research and Technology Park Infrastructure Fee Program (“RTIF Program”) to fund backbone infrastructure and public facilities as described above to accommodate new residents and employees of the project area that are not funded by existing fee programs or other funding sources. Facilities included in the RTIF Program include those facilities with plan-wide benefits (i.e., serve multiple individual subdivisions), the costs of which should be distributed among RTIF land uses and ownership interests. Additionally, the financing strategy includes formation of one or more land secured bond financing districts (e.g., Mello-Roos CFD or Assessment District), which may be used to fund a portion of the total backbone infrastructure and public facilities needed at the outset of development.
[Updated July 2023]

15.Will the housing component have Mello-Roos?
It is anticipated that residential development will have a Mello Roos (or special tax assessment district) to help pay for project infrastructure and services.

16.How will the Technology Park project impact property taxes in Spring Lake? Will residents in the Technology Park plan area pay the same special tax to the City of Woodland as that paid by residents Spring Lake related property taxes (Community Facilities Districts and the Landscaping and Lighting District) have their own formation agreements which would not change with WRTP Specific Plan approval. City policy requires new development to “pay its own way” with regard to maintenance of infrastructure and amenities serving the plan area. The Technology Park will have its own financing district and will likely pay similar taxes to Spring Lake.

17.Has there been any analysis on the potential effect on home/property values in Spring Lake?

Not at this time, however it is anticipated that with the build out of a successful Research and Technology Park, the 11-acre linear park and other plan area amenities, impacts to Spring Lake property values will be positive. Strong design guidelines will ensure that the project will be an asset to the City and to the adjacent Spring Lake residential community.

18.Will Spring Lake parks be completed before the Technology Park begins construction? Remaining improvements at Jack Slaven, Rick Gonzales Sr., and Spring Lake Parks are all under construction with estimated completion timelines in late Summer and Fall 2023. The timing of completion of the 4-acre Spring Lake Central Park will coincide with the development of the adjacent high-density housing and commercial center.

The earliest construction of any housing is projected to begin in the Technology Park is late 2024 with occupancy of the first housing units not anticipated until well into 2025/26. The first phase of development will include portions of the greenbelt and park amenities that will be funded by development of the Technology Park.
[Updated August 2023]

19.Will commercial development in the Technology Park keep pace with residential development? How will this be guaranteed?
Yes, the project Development Agreement, a 20-year agreement entered into by the project applicant and City concurrent with Specific Plan adoption, will outline specific ties between residential unit development and commercial/office development within the Technology Park. Specific details of how this will occur will be outlined in the Development Agreement incorporated as part of the final entitlement documents that will require City Council review and approval prior to project approval.

20.Will the Specific Plan accommodate a new public elementary school? Where would a school be located and how would it be paid for? How will infrastructure be provided? Based on the Woodland Joint Unified School District's 2020 School Fee Justification Study it is projected that the Woodland Research and Technology Park would generate at build out an additional (376) K-6, (104) Middle School, and (222) High School Students. The actual student generation rates would likely be less than these estimates given the current capture rates. To account for the facility needs for these additional students, all residential and commercial construction within the project area will be subject to the District's adopted School Impact fees.

The District’s Facility Master Plan anticipates capacity to be available at the current middle school and high school sites to accommodate the students at these grade levels. At the primary grades, it is projected that the District will need to construct an additional K-6 school in the southeast area of the city. To accommodate this projected need, the Woodland Research and Technology Park Specific Plan identifies the location of a future 12 acre school site just north of The Yard, at the southeast corner of the Parkland Avenue extension and Road B in the Medium Density Residential Zone. The City will require the Developer to commit to set aside the land for

the school site for sufficient time for the District to determine if and when it will proceed with construction of the elementary school. The specific terms of this commitment are being discussed between the City and the District and will be incorporated into the Development Agreement between the City and Developer as part of the final project entitlements. Should the District elect not to proceed with construction of the elementary school, the identified site would develop consistent with the underlying residential zoning. [Updated July 2023]

21.How does the Specific Plan address greenhouse gas (GHG) emissions and sustainability? Specifically what features will the plan area incorporate to meet the City’s Climate Action Plan goals and GHG As outlined in Chapter 3, Section 3.3.1 and 3.3.3 of the Specific Plan, all residential and commercial development projects in the plan area are subject to the city’s Climate Action Plan (2017). Development within the plan area will strive to achieve zero net energy consumption at the building and neighborhood level. All projects will be subject to Cal Green Tier 1 building standards which are 15% higher energy efficiency standards than current State of California Title 24 (Building Standards). Building construction will require the use of solar on single-family and multi-family residential products. It is anticipated that solar technology will be utilized on all commercial development in order for projects to comply with Cal Green Tier 1 standards.

The plan will focus on the use of green building products, consumption of less energy, water and other resources as well as reduction of storm water runoff and the use of trees for cooling, energy conservation and improving air quality. The plan will utilize City recycled water for public landscaping. Pollinator friendly planting and maintenance practices will be integrated into each site’s landscaping in addition to native and drought tolerant plant species.

This development will provide electric vehicle (EV) charging capable facilities in all residential garages and commercial parking lots. It is anticipated that all residential products (single-family homes and apartments) will be 100% electric. GHG reduction strategies and sustainability measures will be considered in future expansion projects and in the ongoing operations and use of all commercial and residential projects within the Plan Area including, but not limited to Energy Conservation, Water Conservation/Quality and Low Water Landscape measures as outlined in Sustainability Guidelines Sections 3.5.3.B for commercial uses and Section 3.5.12.B for residential.

22.How will the existing agricultural uses be impacted by the project and what is the required mitigation to offset those impacts?
The WRTP Specific Plan is located in an area within the city that is currently farmed, consisting primarily of row crops, and a small almond orchard in the southeastern corner. Areas south, southeast, and west of the Specific Plan area consist largely of agricultural production, including commercial almond orchards and open field crops. Current farming activities within the plan area are permitted to continue until such time the land is developed consistent with the city’s Right to Farm ordinance. The Specific Plan area is subject to the city’s Agricultural Mitigation ordinance which requires that for every acre of agricultural land converted to urban development, a minimum of one acre of mitigation shall be required (1:1 ratio) through

conservation easements or through an in-lieu fee payment that shall be used for agricultural mitigation purposes including purchase of conservations easements.

23.Is the processing of marijuana allowed in the Specific Plan area? Are their requirements for odor control?
Commercial cannabis lab testing, manufacturing and distribution are permitted in the Research and Technology Park (RTP) and Research Flex Overlay (RTP/RFO) Zones (see Zoning map HERE). Retail sales are not permitted in the plan area. Cannabis testing and manufacturing/distribution are subject to the city’s Commercial Cannabis Business Ordinance and permitting process which requires odor control, including a detailed ventilation plan describing the air treatment system, or other methods that will be implemented to prevent offensive odors generated from the manufacturing, testing and/or storage of cannabis from being detected outside the buildings on the site. Further, no cannabis business may be located within a 600-foot radius of a school providing K-12 instruction, a day care center or a youth center in existence at the time the license is issued. Additionally, no cannabis business may be located within a 600-foot radius of a public park.

24.Is the applicant team working with the Woodland Tree Foundation for plan area tree planting and placement?
The project applicant team is in communication with the Woodland Tree Foundation regarding future plans for tree planting and in particular how the plan area can support the repopulation of Native Valley Oak trees in strategic and appropriate locations within the 11-acre linear park, greenbelt trail system and as site plan “focal features” in the Tech Park campus itself. Consistent with the Urban Forestry Master Plan, Climate Action Plan and Municipal Code standards, a substantial number of new trees will be planted throughout the Plan Area concurrent with plan area development and right of way improvements. The planting and tree palette will take into account "right tree in the right place" considerations, including evaluation of hardscape and utilities, soil and water conditions, planter size and intended use and mature canopy spread. Woodland Municipal Code Section 17.112, Landscaping, outlines the technical requirements of public and private landscaping within the Plan area, including spacing of street trees (e.g. every 35-feet along a public right of way) and coverage (e.g. 75 percent vegetative matter coverage in all landscaped areas). Additional plan area specific guidelines are provided in Chapter 3, including priority for native plant species, inclusion of Native Valley Oak trees where appropriate, and 50 percent shade/coverage requirement for all parking lots within 15 years of tree planting.

25.Are apartments or “high density” housing included in the Plan Area and where will it be located? The Specific Plan provides the opportunity for a variety of housing product types throughout the Plan Area consistent with the City’s housing goals and policies outlined in the 2035 General Plan including Policy 2.D.1 which speaks to the importance of a jobs/housing balance. Specifically there are three residential zones, Low-, Medium- and High-Density Residential (see Land Plan HERE). The Medium Density Residential (MDR) zone allows for a variety of product types including small lot single-family detached units, attached walk-ups and townhomes, and smaller apartment or loft style residential units. Medium Density Residential is permitted directly adjacent to the 11-acre linear park, central to the overall project area, and in two locations along the west side of Harry Lorenzo Avenue/greenbelt, opposite Spring Lake Central near

Pioneer/Parkland and at the southeast corner of the plan area. Where Medium Density Residential is proposed adjacent to Low Density or single family residential zones, Specific Plan Design Guidelines speak to appropriate transitions including height and setbacks.

High Density Residential zones are located near the interior of the plan area along Road B, providing nearby access to transit and other amenities. High Density Residential zones allow for townhomes, and lofts as well as more traditional apartment development.

26.What is the plan to make sure that diversity is maintained and to ensure neighborhoods are not designed only for elites and wealthy?
A key guiding principle of the project speaks to the provision of diverse, high quality housing options. The plan area will accommodate up to 1,600 housing units of a variety of product types and densities. Medium and high density housing and residential product types are generally more affordable by design due to smaller unit and/or lot sizes as compared to typical lowdensity suburban neighborhoods. As regulated by zoning density requirements, approximately two-thirds of the residential units developed within the project area will be medium and high density product types (an estimated 600 and 500 units respectively), including small lot detached single family homes, duplexes, townhomes, and apartments or loft style development. The remaining approximately 500 residential units will be developed in the lower density range. The diversity of residential zoning designations, including minimum density requirements, will ensure the plan retains a diversity of housing options at varying affordability levels. The plan area is additionally subject to the City’s Affordable Housing Ordinance which outlines obligations around housing affordability and buyer income restrictions for a percentage of housing units developed within the plan area.

27.How is affordable housing addressed?
Affordable housing is addressed in two ways in the project area. The Specific Plan area is subject to the city’s Affordable Housing Ordinance (found HERE) which requires that a percentage of all residential units be made available to low-income renters and/or home buyers. Alternatively, the housing developer can pay an in-lieu fee to the City. Fees collected are used to support the development of affordable housing in the plan area and throughout the city. In addition to the requirements of the Affordable Housing Ordinance, the variety of housing product types and relatively smaller unit and lot sizes anticipated within the Medium and High Density Residential Zones will result in more affordable housing opportunities for future Specific Plan area residents.

28.How is the Specific Plan addressing police and fire safety? Will police and fire response times be adequate in the Tech Park?
The Woodland Police Department will provide law enforcement services in the Plan Area. The Department currently services the community through a four police beat deployment model. With the geographic expansion of the city as the General Plan Growth areas build out, up to two additional police beats are planned to be added to provide sufficient patrol resources and response times. The existing Police Station and Administration building at Lincoln Avenue and 6th Street is sufficiently sized to provide Police service levels through build out of the Plan Area. The Police Department also provides parking enforcement services for the community. With the mixed use and denser nature of the project, the need for permit parking

and time parking zones is likely. In the event this occurs, use of new technologies will be utilized to reduce department resources needed for monitoring and enforcement.

The project site is within the jurisdiction of the Woodland Fire Department which provides fire protection services and emergency medical services within the City and to unincorporated areas in the vicinity. The nearest station to the Plan Area is Station Three located at 1550 Springlake Court, on the east side of SR 113, approximately 2 miles north of the Plan Area. The City recently underwent an Insurance Services Office (ISO) rating review and improved to a level two rating. ISO ratings range from 1-10 with one indicating excellent service and ten indicating minimal or no protection. ISO ratings assess a range of fire safety factors including; firefighting personnel, equipment, water infrastructure, and response times. The City staffs 3 fire stations, with a minimum of 13 personnel on duty per day. This provides enough personnel to meet the National Fire Protection Association’s Standard 1910 for residential structure fire responses. The City utilizes robust automatic aid agreements with neighboring jurisdictions to ensure sufficient firefighting personnel arrive at a fire in a commercial building. The City has a maximum "first response" standard of four minutes, 90% of the time. Currently, portions of the southeast area do not fall within this response time standard due to the distance been the current Fire Station 3 location, and the most southern areas of the Spring Lake development. The City plans to relocate Fire Station Three to the former Willow Spring Elementary school site, which is located at the northwest corner of Bourn Drive and Gibson Road. The future Fire Station Three, which will continue to serve the Plan Area, will be located approximately one-half mile north of the Plan Area, and will ensure that the southeast area, including the Tech Park, would fall within the four minute response time standard.

Additionally, Yolo County maintains an agreement with American Medical Response (AMR) to provide advanced life support (ALS) transport services to the entire County, including the City of Woodland and the Plan Area. AMR maintains a response time standard of 8 minutes, 90% of the time for any incorporated area within the County.

29.Will there be a new cell tower given the increased population in this location? The installation of new Wireless Telecommunication Facilities or cell towers is typically initiated by private carriers such as AT&T or T-Mobile when gaps in coverage occur. It is anticipated that additional facilities will be requested in the Specific Plan area or within close proximity as the plan area develops. Wireless telecommunication facilities are permitted within the plan area through the issuance of a Conditional Use Permit by the Woodland Planning Commission after a noticed public hearing. Any new facility would be encased within planned street light or signal poles or other utilities or adequately “stealthed” to minimize their visibility within the community.

30.Will the project include Public Art?
Yes, consistent with the city’s Public Art Ordinance, all new development shall devote one percent (1%) of the construction cost for public art within the plan area. The public art may be located on the project site in a publicly visible location, or the project applicant can pay an inlieu fee. The collected in-lieu fee will go toward a public art project(s) in the Specific Plan area

including areas such as the primary entrance/gateway to the Tech Park, within public medians or landscaped areas, within the greenbelt trail system, or in the 11-acre linear park.

31.How is parking addressed throughout the Specific Plan area, in the commercial/Technology Park and residential areas? How and where will visitor/public parking be accommodated? Will there be electric vehicle charging stations?
Vehicle parking requirements within the Specific Plan area seek to balance both the need and desire for parking near businesses, shopping and residential uses while also encouraging the use of alternative forms of transportation to reduce greenhouse gas emissions and minimize oversized asphalt parking lots that contribute to urban “heat island” effect.

For Village Center commercial and Technology Park/office uses, parking requirements are based on a “Parking Use and Needs Statement” prepared by the business owner/applicant as outlined in Table 3.2 and Section 3.5.3.F and 3.5.9.G.6 of the Specific Plan. The statement includes the known or anticipated number of business employees and anticipated visitors or patrons throughout the day as well as any ride-share or van-pool incentives such as priority parking spaces. The statement is reviewed and ultimately approved by the City Planning Department which will ensure ample parking is provided for business employees and guests onsite and that adjacent uses are not negatively impacted by lack of onsite or adjacent public/on-street parking opportunities.

The Specific Plan includes “parking maximums” to ensure any particular business does not overpark for their use, resulting in unnecessary paving and oversized parking lots. Shared parking facilities/lots are encouraged throughout the plan area to minimize the underutilization of land for parking. Bicycle parking is required for all commercial/office uses and shall be a minimum of 10 percent of the total number of vehicular parking spaces provided by the project (e.g. where 200 vehicle parking spaces are provided, 20 bicycle parking spaces or bike lockers shall be provided onsite in a secured and lighted location).

For residential uses, onsite parking requirements are as follows:
• Low Density Residential (i.e. detached single family and duplex development) = 2 garage/covered spaces per unit, minimum
• Medium Density Residential (i.e. small lot family, townhome and small multifamily/apartment development) = 1 garage/covered space per 1 bedroom unit, 2 garage/covered spaces per 2+ bedroom units, minimum
• High Density Residential (i.e. apartment, lofts) = 1 space per studio or 1 bedroom unit,

1.5 spaces per 2 bedroom unit, 2 spaces per 3+ bedroom unit; plus 1 guest parking space per 5 units and 1 manager space.

For high density residential apartments, 1 bike parking space is required per residential unit. See Specific Plan Table 3.3 for residential parking standards.

Electric vehicle charging stations are required for all new commercial/office and retail development. The number of charging stations required is dependent on the square footage of the building. All single family residential development shall have electrical conduit pre-installed

for EV charging in each garage. High density residential development, including apartments shall provide EV charging stations on-site, the number of which will depend on the number of units. Public EV charging stations will be provided as feasible along key corridors, such as along the east side of Road B adjacent to the 11-acre linear park. On-street “public” parking will be provided throughout the Plan area including along the east side of Road B and along most primary and local roadways in the commercial and residential zones.

32.Have traffic impacts to Spring Lake been analyzed? How will traffic impacts be addressed? Key roadway segments in Spring Lake including Parkland Avenue and Marston Drive will extend and connect into the proposed WRTP Plan Area as described in Chapter 4 of the Specific Plan. Buffered bike lanes and off street Class 1 bike trails will similarly extend into the plan area along Marston and Parkland between Harry Lorenzo and Road B (see Land Use Plan). Parkland Avenue will eventually extend west over Highway 113, but the overpass extension will not take place until future build out of Specific Plan areas “SP-1B” or “SP-1C”, located west of Hwy 113, as described in the 2035 General Plan. All segments of CR25A between CR102 and Hwy 113 will be completed with Plan Area build out, or earlier, including the extension of the urban forest trail on the north side of CR25A.

Circulation planning for the Woodland Research and Technology Park Plan Area took into account potential increased traffic volumes that may impact the Spring Lake neighborhood. Where existing roadway networks within Spring Lake were designed to extend into the Tech Park plan area (Parkland, Marston) roadway design incorporates a variety of design features including roundabouts, signalized intersections, narrow roadway widths, enhanced pedestrian crossings, and on street parking and bike lanes that have the effect of reducing vehicle speeds.

A Traffic Impact Study (“TIS”) was completed for the project in April 2021, which analyzed Level of Service impacts for road segments and intersections throughout the WRTP Plan Area as well as in Spring Lake as a result of Plan Area build out. Level of Service or LOS, is a term used to quantitatively describe the operating conditions of a roadway based on factors such as speed, travel time, and delay. The TIS demonstrated that build out of the WRTP Plan Area will not result in roadway capacity issues in Spring Lake, due to the fact that arterial roadways in Spring Lake were sized in anticipation of future build out of the WRTP to the west. There are two intersections adjacent to Spring Lake that do not meet the General Plan LOS policy goals, the Gibson Road/Pioneer Avenue and Gibson Road/Harry Lorenzo Avenue/bourn Drive intersections. However, these intersections were already projected to not meet the General Plan LOS policy goals with buildout of the south area.

While traffic volume is expected to increase with the build out of Spring Lake and the build out of the WRTP Plan Area, design and traffic calming measures will help maintain appropriate vehicle speeds within both the Tech Park and Spring Lake neighborhoods and discourage cut through traffic through existing and future local roads and neighborhoods.

One of the more extensive circulation related improvements in the Plan Area will include modification to the CR25A / Hwy 113 interchange to accommodate increased traffic volumes and peak hour trips at this facility. City staff will continue to work with Caltrans on the timing, design and construction of necessary improvements.

[Updated July 2023]

33.When will CR 25A be completed? Is a traffic signal planned at Hwy 113 and CR 25A interchange? The City recently determined that, pending favorable construction bids, sufficient funding will be available in the Spring Lake Capital Improvement budget to construct the remaining segment of CR25A. Construction is currently planned for 2024. Additional project details and updates can be found online at the following link:
https://gis.cityofwoodland.org/portal/apps/storymaps/stories/6b53e7556e7643aa9611e611ed efbfb6
[Updated August 2023]

34.Will there be transit options in the Specific Plan, specifically connecting the plan area to UC Davis/City of Davis Amtrak?
Described in Chapter 4, the plan area includes a shared mobility hub, The Union, that will at project build out serve as the nucleus of the alternative transportation system providing integrated access to intra-city as well as inter-city transit service. The Union will be designed to accommodate a range of potential alternative transportation choices such as:

1. Fixed route bus and micro-transit

2. Car/vanpool/parking

3. Designated car share spaces

4. Electric vehicle charging stations

5. Ride hailing services

6. Bike/scooter share docking stations
Development of The Union will be planned and coordinated with local and regional transit service providers including YCTD and UC Davis Transportation and Parking Services/Unitrans, anticipating service from the Technology Park to UC Davis and the City of Davis. The shared mobility hub is planned to be the primary point of connection to fixed route bus service as part of the City’s planned transit system provided by YCTD’s YoloBus service.

35.Why is the South Regional Pond footprint split roughly 50% within the Specific Plan area and 50% outside the Urban Limit Line south of CR 25A?
The South Urban Growth Area Storm Drain Facilities Master Plan (SDFMP) identifies offsite drainage sheds located west of SR 113 that drain to the WRTP site. The highway embankment of SR 113 forms a north-south barrier to agricultural drainage runoff originating from the west. As development of the WRTP proceeds, existing agricultural flows from west of SR 113 will, in general, continue to be routed around the south side of the WRTP along CR25A. As part of this storm water conveyance, it is anticipated that an approximately 4.5-acre storm detention basin will be adequate to manage development from a portion of the sheds located east of Hwy 113. Similar to other components of the City’s stormwater management system as well as other public infrastructure, the pond is proposed to be located immediately adjacent to, just south of the planning area, south of CR25A and connect directly into an adjacent facility east of CR 101.

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: September 5, 2023
ITEM #: I.14
SUBJECT: Introduce and waive the first reading of an
Ordinance revising Sections within Chapter 9.28,
“Offenses - Miscellaneous,” to Title 9 of the
Woodland Municipal Code
Recommendation for Action: Staff recommends that the City Council introduce and waive the first reading of an ordinance of the City Council of the City of Woodland, California revising sections within Chapter 9.28, "Offenses-Miscellaneous," to Title 9 of the Woodland Municipal Code.

Staff Contact:

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

The purpose of this agenda item is to present proposed changes and revisions to several City Ordinances that have been identified by a tenured Police Officer during a comprehensive review of the City Code. The revisions aim to address inconsistencies within the existing City Ordinances, ensuring alignment with current laws and enhancing clarity for both residents and city personnel. The proactive review conducted by the Police Officer demonstrates the City's commitment to upholding the highest standards of legal compliance, accountability, and effective governance.

Discussion:

The review revealed inconsistencies within City Ordinances, particularly concerning Ordinance

9.28.290. This section designated certain violations as infractions for the first offense and as misdemeanors for subsequent violations, leading to discrepancies in enforcement, as exemplified by Ordinance 9.28.070 and Ordinance 9.28.150.

To address these inconsistencies, several amendments are proposed. First, the violations covered under Ordinance 9.28.070 and Ordinance 9.28.280 are proposed to be removed from the list of offenses in Ordinance 9.28.290(C)(1), aligning with their direct classification as misdemeanors.

Secondly, uniform language from Ordinance 9.28.170(C) has been incorporated into relevant ordinances listed in Ordinance 9.28.290(C)(1), ensuring consistent enforcement. Lastly, subsections in ordinances that specified infractions, such as Ordinance 9.28.150 and Ordinance 9.28.180, are removed to eliminate conflicting classifications.

Conclusion:

Staff recommends that the City Council introduce and waive the first reading of an ordinance of the City Council of the City of Woodland, California revising sections within Chapter 9.28, "OffensesMiscellaneous," to Title 9 of the Woodland Municipal Code.

Prepared by: Trista Kennedy, Executive Assistant
Reviewed by: Derrek Kaff, Chief of Police

Attachments:

1. Proposed Code Revisions

9.28.010
(Woodland Supp. No. 2, 3-20) 320
Chapter 9.28
OFFENSES—MISCELLANEOUS
Sections:

9.28.010 Drunkenness.

9.28.020 Firearms—Discharge.

9.28.030 Gambling.

9.28.040 Gas mains or pipes—Liability of owners for proper maintenance.

9.28.050 Immoral and lewd conduct—Maintaining house, room, etc., where conduct is permitted.

9.28.060 Possession of alcoholic beverages prohibited on premises of retail package off-sale alcoholic beverage licensee.

9.28.070 Rifles, pistols, etc., propelled by air, gas, etc.; bows and arrows.

9.28.080 Definitions for curfew provisions.

9.28.090 Loud, unnecessary, etc., noises prohibited—Enumeration of such noises.

9.28.100 Inhaling, etc., certain substances prohibited.

9.28.110 Consumption of alcoholic beverages in City parks prohibited without permit.

9.28.120 Consumption of alcoholic beverages in playgrounds and swimming pool areas in City parks prohibited—Signs.

9.28.130 Fortunetelling.

9.28.140 Restricted use of bicycles, coasters, rollerskates, skateboards or similar devices.

9.28.150 Parks and greenways—Driving or parking motor vehicles upon or across.

9.28.160 Park curfew.

9.28.170 No parking adjacent to parks during curfew.

9.28.180 Prohibition of sound amplification in parks.

9.28.190 Permit application for sound amplification in parks.

9.28.200 Injuring or interfering with police dogs prohibited.

9.28.210 Prohibition against loitering in no-cruising zone.

9.28.220 Public places—Alcoholic beverages.

9.28.230 Smoking.

9.28.240 Limitations to access to tobacco products and e-cigarettes.

9.28.250 Tobacco-free and e-cigarette-free zones at City parks and recreation facilities.

9.28.260 Adoption of Yolo County Code relating to tobacco retail permits.

9.28.270 Regulation of use of Woodland Cemetery.

9.28.280 Prohibition on public urination and defecation.

9.28.290 Prohibited activities in City parks.

9.28.010 Drunkenness.

A. In Public Places. It is unlawful for any person in an intoxicated condition to appear or be in or upon any public highway, street, alley, square or public place in the City. For the purposes of this section, “intoxicated” means a person under the influence of intoxicating liquor, any drug, controlled substance, toluene. or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others.

Note: “Intoxicated” is defined as in California Penal Code Section 647(f) regarding disorderly conduct.

9.28.020
321 (Woodland Supp. No. 2, 3-20)
B. On Private Premises. It is unlawful for any person in an intoxicated condition to intrude upon or be in or remain in or upon the premises or property of another, without the express permission and consent of the person lawfully in the possession of such premises or property. For the purposes of this section, “intoxicated” means a person who is under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others.

Note: “Intoxicated” is defined as per California Penal Code Section 647(f) regarding disorderly conduct. (Prior code §§ 15-1, 15-2)

9.28.020 Firearms—Discharge.

It is unlawful for any person to unnecessarily discharge any firearms of any nature whatsoever within the limits of the City, without first procuring a written permit to do so from the Chief of Police. The foregoing provisions as to the use of firearms shall not apply to:

A. Peace officers or soldiers in the discharge of their official duties and while in the exercise of reasonable care;
B. A person using firearms in necessary self defense;
C. Persons conducting a shooting gallery who have first procured a license therefor in accordance with the license ordinance of the City; and
D. Shooting clubs where such shooting clubs are properly licensed by the City. (Prior code § 15-3)

9.28.030 Gambling.

A. Prohibited—Exception. It is unlawful for any person, within the corporate boundaries of the City, to deal, play or carry on, open or cause to be opened, or conduct, either as owner, employee or as an individual, any game of draw poker, solo or any other games played with cards, dice or any device, for money, checks, credits or other representative of value; provided, that it is not unlawful to play in any duly licensed cigar store, card room, soft drink establishment or clubroom for not more than one cigar or for not more than one drink, per game for each player actually engaged in the game.

B. Permitting Building, Room, Etc., to Be Used for Gambling. It is unlawful for any person or club, within the boundaries of the City, either as owner, lessee, agent or otherwise, to conduct a building, room, space or enclosure, for the purpose of carrying on games played by cards, dice or any device for money, checks, credit or other representative of value, or to knowingly permit any person to play any games played with cards, dice or any device, for money, checks, credit or other representative of value, contrary to the provisions of the preceding section in any building, room, space or enclosure occupied by such person or club. (Prior code §§ 15-4, 15-5)

9.28.040 Gas mains or pipes—Liability of owners for proper maintenance.

It shall be the duty of any person owning, maintaining or operating any gas pipes or gas mains beneath the surface of any public street to prevent leaks in such pipes or mains and to repair the same immediately. In the event that any person refuses or neglects to repair such leaks, it is lawful for the City to make or cause to be made the necessary repairs thereto, and the cost and expense of making the repairs shall be paid to the City by the person owning, maintaining or operating the gas pipes or gas mains. (Prior code § 15-6)

9.28.050
(Woodland Supp. No. 2, 3-20) 322

9.28.050 Immoral and lewd conduct—Maintaining house, room, etc., where conduct is permitted.

It is unlawful for any person to keep, conduct or maintain, or aid or assist in keeping, conducting or maintaining within the limits of the City, any house, room or apartment in which persons of lewd or immoral character habitually congregate, assemble or meet, or to which such persons frequent or visit in any considerable numbers, for the purpose of eating or drinking therein. (Prior code § 15-8)

9.28.060 Possession of alcoholic beverages prohibited on premises of retail package off-sale alcoholic beverage licensee.

A. This section may be cited as the “illegal consumption of alcoholic beverages ordinance.” B. No person shall consume any alcoholic beverage, as defined in Business and Professions Code Section 23004, on or in any posted parking lot immediately adjacent to the posted premises of any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating the provisions hereof shall be guilty of an infraction.

C. As used in subsection B above, “posted premises” means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of subsection B above are applicable.

D. The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises, but nothing in this subsection shall affect the power of the City to regulate the possession of an opened alcoholic beverage in any public place or in a place open to the public. (Prior code § 15-9)

9.28.070 Rifles, pistols, etc., propelled by air, gas, etc.; bows and arrows.

A. No person or persons shall at any time fire or discharge, or cause to be fired or discharged, any air gun, “BB” gun, pellet gun, cannon, any air- or gas-propelled rifle or pistol of any kind, or any sling shot, within the limits of the City.

B. No person or persons shall at any time fire or discharge, or cause to be fired or discharged, any bow or other device capable of propelling an arrow, within the limits of the City, except as provided hereinafter:

1. Where use of such a bow or other device is an approved part of a regularly scheduled program sponsored and supervised by the City Parks and Recreation Department; or

2. Where use of such a bow or other device is an approved part of a regularly scheduled program sponsored and supervised by the Woodland Unified School District.

C. Violation—Forfeiture and Destruction of Rifle, Pistol, Bow, Etc. The judge before whom any person is tried for a violation of any provision of the preceding section may, in his or her discretion, upon the conviction of the accused, order the forfeiture of the air gun, “BB” gun, pellet gun, cannon, air- or gaspropelled air rifle, sling shot, or bow. Such forfeited device may be destroyed by the Police Department or sold and the proceeds placed in the general fund of the City.

9.28.080
323 (Woodland Supp. No. 2, 3-20)
D. Fine and Imprisonment. Any person or persons, who shall violate any of the provisions of this section, shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with Section 1.08.070 (General penalty—Continuing violations—Aiding or abetting) of this code. (Prior code §§ 15-19—15-21)

9.28.080 Definitions for curfew provisions.

A. For purposes of this section:

1. “Curfew hours” means the period from 10:00 p.m., any evening of the week, or 11:00 p.m., daylight savings time, until 6:00 a.m. the following day.

2. “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

3. “Establishment” means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

4. “Guardian” means: (a) a person who, under court order, is the guardian of a minor; or (b) a public or private agency with whom a minor has been placed by the court.

5. “Minor” means any person under 18 years of age.

6. “Parent” means a person who is a natural parent, adoptive parent, or step-parent of the minor.

7. “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

8. “Responsible adult” means a person 18 years of age or older, authorized by a parent or guardian to have the care and custody of a minor.

9. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

B. Curfew Restrictions.

1. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Woodland during curfew hours.

2. It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.

3. It is a defense to prosecution under subsection (B)(1) or (2) of this section that the minor was:
a. Accompanied by the minor’s parent or guardian, or by a responsible adult; b. On an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

9.28.090
(Woodland Supp. No. 2, 3-20) 324
e. Involved in, or acting in response to, an emergency; f. On the sidewalk abutting the minor’s residence;
g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Woodland, a civic organization, or another similar entity that takes responsibility for the minor;
h. Exercising First Amendment rights protected by the United States Constitution; or i. Emancipated pursuant to law.

4. Before taking any enforcement action under this subsection, a police officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection (B)(3) of this section is present or applicable.

5. Each violation of this section shall constitute a separate offense.

C. Curfew—Penalty.

1. Any minor violating the provisions of subsection B of this section shall be guilty of a misdemeanor, and shall be dealt with in accordance with juvenile court law and procedure.

2. Any parent, guardian or other adult person, having the care and custody of a minor, who knowingly and wilfully allows such minor to violate subsection B of this section shall be guilty of a misdemeanor. (Prior code §§ 15-23—15-25)

9.28.090 Loud, unnecessary, etc., noises prohibited—Enumeration of such noises.

A. It is unlawful for any person to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the City.

B. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive, namely:

1. Motor Noises. Any noise made by the motor of any automobile, truck, tractor or motorcycle, not reasonably required in the operation thereof under the circumstances and shall include, but not be limited to, backfiring and motor racing.

2. Horns and Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, trolley coach or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or any other device operated by engine exhaust and the use of any such signaling device when traffic is for any reason held up.

3. Yelling and Shouting. Yelling, shouting, hooting, whistling, singing or blowing of horns on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m., or any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel, apartment or other type of residence, or of any persons in the vicinity.

9.28.090
325 (Woodland Supp. No. 2, 3-20)

4. Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, and between 9:00 a.m. and 6:00 p.m. on Sunday, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may be renewed for a period of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 9:00 a.m. on Sundays, and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 9:00 a.m. on Sundays, upon application being made at the time the permit for the work is awarded or during the progress of the work.

5. Pile Drivers, Hammers, Etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steamshovel, pneumatic hammer, derrick, steam and electric hoist or other appliance, the use of which is attended by loud or unusual noise.

6. Tools. The use of or operation between the hours of 10:00 p.m. and 7:00 a.m. of any power saw, power planer or other powered tool or appliance or saw or hammer, or other tool, so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel, apartment or other type of residence, or of any person in the vicinity.

7. Blowers. The operating of any noise-creating blower or power fan or any internal combustion engine the operation of which causes noise due to the explosion of operating gases or fluids unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

8. The operation of any type of suction sweeper or cleaner between the hours of 10:00 p.m. and 7:00 a.m., the use of which is attended by loud or unusual noise which disturbs the quiet, comfort or repose of persons in any dwelling, hotel, apartment or other type of residence, or of any person in the vicinity.

9. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

10. Hawkers, Peddlers and Vendors. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of persons in the neighborhood.

11. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

12. Animals, Birds, Fowl. The keeping of any animal, fowl or bird which by causing frequent or long continual noise shall disturb the comfort or repose of persons in the vicinity.

13. Sound Amplifiers—Permit Required.
a. It is unlawful for any person to broadcast from a radio, phonograph or similar instrument, using voice or sound amplifiers, either into a public thoroughfare from a fixed location, from a movable vehicle or in connection with any public celebration or public function on

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(Woodland Supp. No. 2, 3-20) 326
public holidays or in connection with the broadcast of events of interest to the general public without first obtaining a permit from the Chief of Police. b. Hours of Operation. It is unlawful for any person including any service club, church, school and other nonprofit organizations to have in operation or permit to be in operation any loudspeaker or sound-amplifying device or radio, television or musical instrument between the hours of 10:30 p.m., of any day and 10:00 a.m. the following day.

14. Emergency Operation of Backup Generators for City of Woodland Facilities and the Drilling of City of Woodland Water Wells. A backup generator used for the emergency operation of a City of Woodland water well or other City facility and the drilling of a City of Woodland water well shall not be considered loud, disturbing, or unnecessary noises. (Prior code § 15-26)

9.28.100 Inhaling, etc., certain substances prohibited.

It is unlawful for any person to inhale, breathe, drink or in any manner use any product or substance or combination thereof containing organic solvents, which include amyl acetate, trichlorethylene, acetone or other closely related or similar compounds used as solvents for products referred to as “glue,” “adhesive cement,” “mucilage” or “dope,” with the intent of becoming intoxicated, elated, dazed, paralyzed, irrational or in any manner changing, distorting, disturbing the eyesight, thinking process, balance coordination or affecting the central nervous system of such person. For the purposes of this section, any such condition so inducted shall be deemed to be an “intoxicated condition.” The provisions of this section shall not pertain to any person who inhales, breathes or drinks or uses such product or substance pursuant to the direction or prescription of any doctor, physician, surgeon, dentist or podiatrist authorized to so direct or prescribe. (Prior code § 15-27)

9.28.110 Consumption of alcoholic beverages in City parks prohibited without permit.

A. Except when authorized by a written permit from the Parks and Recreation Department, it is unlawful for any person or persons to consume any alcoholic beverage or possess any open container containing any alcoholic beverage in or upon any community park, neighborhood park or greenbelt park within the City. Applications for permits shall be submitted to the Parks and Recreation Department at least one business day before the event at which alcohol is to be consumed, and a copy of the permit must be in the possession of a responsible party at the community park, neighborhood park or greenbelt park at all times during the event at which alcohol is to be consumed or possessed in an open container. (Prior code § 15-28)
B. Violation of this section shall be punishable pursuant to Section 9.28.290.

9.28.120 Consumption of alcoholic beverages in playgrounds and swimming pool areas in City parks prohibited—Signs.

It is unlawful for any person or persons to consume any alcoholic beverage or possess any open container containing any alcoholic beverage in or about any swimming pool premises maintained and operated by the City as a swimming pool, and in or about any youth sports/recreation field and bleacher section adjacent to such youth sports/recreation field, and in or about any playground area of any park or recreation area maintained by the City. The City Parks and Recreation Director shall cause to be posted appropriate warning signs in all such areas in which the consumption of alcoholic beverages, or the possession of any open container containing alcoholic beverages, is prohibited by this section and Section 9.28.120. (Prior code § 15- 29)
Formatted: Numbered + Level: 1 + Numbering Style:

A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:

0.25" + Indent at: 0.5"

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327 (Woodland Supp. No. 2, 3-20)

9.28.130 Fortunetelling.

A. Purpose and Findings.

1. The practice of fortunetelling, as defined in this section, has historically been subject to abuse by certain unscrupulous practitioners using the practice to commit fraud and larceny upon clients.

2. The City Council wishes to regulate the practice of fortunetelling to reduce the risk of fraud and larceny to clients while allowing fortunetellers to provide their services with only minimal restrictions.

3. The provisions of this section will make it more difficult for an unscrupulous fortuneteller to commit fraud or larceny, and yet as informational regulations will not affect the nature of the information conveyed or the manner of conveyance.

4. The regulations require only minimal expense and effort on the part of the fortuneteller and, therefore, will not impose any undue burdens on the fortuneteller’s practice.

5. Fortunetelling for entertainment purposes, as defined in this section, does not create the same risk of fraud and larceny by unscrupulous practitioners as would the practice with an individual client because it is done with a group at a public place for the purposes of entertaining and not to deal with the private concerns of an individual.

6. Fortunetelling for religious purposes, as defined in this section, creates a low risk of consumer fraud.

B. Definitions.

1. “Fortunetelling” shall mean and include telling of fortunes, forecasting of future events or furnishing any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not included to, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature.

2. “For pay” shall mean for a fee, reward, donation, loan or receipt of anything of value.

3. “Collector” means that person designated by Section 5.04.010 of the Woodland Municipal Code to administer the business license provisions of the code.

C. Permit Application. Every natural person who, for pay, conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a fortunetelling license with the collector.

The application shall contain:

1. The full true name and any other names used by the applicant;

2. The two previous residential addresses and business addresses, if any, immediately prior to the present address of the applicant; and current residential and business telephone numbers of the applicant;

3. The applicant’s height, weight, color of eyes, and hair;

4. The business, occupation, or employment of the applicant for the 10 years immediately preceding the date of the application;

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(Woodland Supp. No. 2, 3-20) 328

5. The records of all criminal convictions, except minor traffic violations;

6. Business license history of the applicant, either alone or in conjunction with others; whether the applicant, in previously operating in this City or another City, County or State under a license or permit, has had such license revoked or suspended; the reasons therefor and the business activity or occupation subsequent to such action of suspension or revocation;

7. Two sets of fingerprints and a photograph taken by the Woodland Police Department to be submitted to the Department of Justice for verification of the information submitted by the applicant, for which the applicant will pay such fees incurred therefor as are charged by the Woodland Police Department;

8. Such other identification and information as determined by the Police Chief, any other City department of jurisdiction, or any agency of jurisdiction to be necessary to verify the truth of the matters required by this section;

9. A nonrefundable application fee in an amount set by Council resolution.

D. Approval of License. Upon receipt of the completed application the collector shall submit the application to the Police Department for verification of the information contained in the application. The Police Department shall submit the fingerprints to the department of justice to verify the information in the application. The Police Department shall have 10 business days to verify the information and report its findings to the collector.

The collector shall then approve the application if:

1. All of the information contained in the application is true; and

2. The applicant has not, within one year from the date of application, been convicted of any violation of this section or crimes involving prediction of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude.

The collector shall notify the applicant by mail of the decision.

Any applicant dissatisfied with the decision of the collector may appeal the decision to the City Council within 10 days after notice of the decision is mailed. The City Council shall hold a hearing within 30 days of the application for a hearing. At least 10 days before the hearing date, the collector shall mail a notice of the date. The Council shall consider evidence and make findings. The Council’s findings are final.

E. Term of the Fortunetelling License. The term of the fortunetelling license shall be the same as the regular business license. A renewal application shall be filed at least 30 days before the license will expire and shall be processed in the same manner as a new application.

F. Compliance with Other Laws. Fortunetellers are required to comply with the municipal code and other laws including zoning and business license ordinances. The license issued pursuant to this section is in addition to any necessary business license.

G. Posting of Fees.

1. Each person required to obtain a permit pursuant to this section shall post on his or her business premises a sign containing the following information:
a. The true name of the fortuneteller;
b. Each service provided by the fortuneteller;

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329 (Woodland Supp. No. 2, 3-20)
c. The fees charged for each service provided by the fortuneteller; d. The statement, “By law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates.”

2. The sign required by subsection (G)(1) of this section shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortuneteller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.

3. If the fortunetelling service is provided at a location other than the fortuneteller’s permanent place of business, the fortuneteller shall provide the information required in subsection (G)(1) of this section on paper at least eight and one-half by 11 inches and legibly printed or typewritten.

The paper shall also include the name and permanent address of the person providing the fortunetelling services. A true and correct copy of such paper shall be given to each client prior to providing any fortunetelling services.

4. No person shall charge any fee payment, remuneration or item of value for fortunetelling services in excess of the fees set forth on the sign or paper required by subsection G of this section.

H. Receipts. Prior to the acceptance of any money or item of value from a client, other than a gratuitous tip given voluntarily by the client, the fortuneteller shall issue to the client a written receipt showing:

1. The date the service was rendered;

2. The name of the client;

3. The amount of money received or a specific description of the item of value received; and

4. The purpose for which the money or item of value was received.

I. Client Record of Consultation. No person engaging in fortunetelling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortuneteller.

J. Exception—Entertainment. The provisions of this section shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortunetelling at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers.

K. Exception—Religious Practice. The provisions of this section shall not apply to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, healer, or clairvoyant (hereinafter collectively referred to as minister) from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles that is recognized by all churches of like faith; provided that:

1. Except as provided in subsection (H)(3) of this section, the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as herein defined.

2. The minister holding a certificate of ordination from such bona fide church or religious association shall file with the collector, a declaration under penalty of perjury which states the minister’s

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(Woodland Supp. No. 2, 3-20) 330
name, street address, and telephone number in this City where the activity set forth herein is to be conducted.

3. Such bona fide church or religious association, as defined herein, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.

L. Revocation of Fortunetelling Permit. A fortunetelling permit, issued by the collector, shall be revoked or suspended where it is found that the licensee has been convicted of any offense which would be cause for denial of a license upon an original application, has made a false statement on an application for a license, or has committed an act in violation of this section. Revocation proceedings shall be conducted as prescribed by Section 5.04.070.

M. Violation a Public Nuisance. The City Council declares a violation of this section to be a public nuisance. (Prior code § 15-30)

9.28.140 Restricted use of bicycles, coasters, rollerskates, skateboards or similar devices.

A. Purpose. The City Council finds the operation of bicycles, coasters, rollerskates, skateboards, or similar devices, including those which are motorized, upon certain public property and upon private property used for public purposes to be hazardous to pedestrians, motorists, and to the persons operating such devices.

B. Definitions.

1. “Coaster” shall mean a surface mounted on wheels or rollers designed or used to transport human beings which is intended to be propelled primarily by a skating motion of a human being, or by a pulling or pushing motion of a human being while simultaneously making contact with the surface mounted on wheels or rollers and the ground. The term “coaster” shall include, but not be limited to, coasters, scooters, skateboards, and rollerskates.

2. “Motorized” devices are the same devices as those listed above in all respects except that they are designed to be or can be self-propelled by motorized power.

3. “Private property used for public purposes” are those sidewalks, access ways, interior malls, roads, parking lots, or other areas which are privately owned and maintained, but are generally open to the public for purposes of vehicular or pedestrian traffic to serve commercial establishments or hospitals, or to provide access to the disabled.

C. Exclusions. This section shall not apply to wheeled devices required to be used by one who is disabled and which are being used for the purpose of allowing the disabled person to be mobile.

D. Places Prohibited. No person upon a coaster, bicycle or similar device shall ride:

1. Upon tennis courts, handball courts, swimming pool areas, or front or rear yard of buildings, which are City owned, operated or maintained;

2. Upon any sidewalk within the central traffic district;

3. Upon any City public sidewalk ramp, or access way especially designed for use by the disabled;

4. Upon any City parking lot; however, bicycles may be ridden if they follow the normal flow of traffic and are being used solely as a means of transportation; or

9.28.150
331 (Woodland Supp. No. 2, 3-20)

5. Upon any private or public property where not otherwise specifically prohibited as set forth hereinabove when such property has been posted pursuant to this section.

E. Posting Notice. The City Manager is authorized to post or erect or cause to be posted or erected signs, at owner’s expense, prohibiting the riding of coasters, bicycles, or similar devices at such places where request has been made to, and approved by, the Police Chief under subsection (D)(5) of this section.

F. Manner Prohibited. Where riding is otherwise allowed, no person upon a bicycle or above-defined device shall:

1. Violate the right-of-way of a vehicle or a pedestrian;

2. Ride recklessly or in such a manner as to cause danger or injury to him or herself or to others.

G. Enforcement. It shall be the duty of the Woodland Police Department to enforce this section upon City property and the Police Department may enforce it upon the above-designated private property when the violation occurred in the officer’s presence or the private property owner has requested enforcement or filed a complaint.

H. Penalty.

1. It is an infraction for any person to do any act forbidden or fail to perform any act required in this section.

2. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this section.

3. The Chief of Police shall have the authority to issue juvenile citations. “Notice to Appear at the Probation Office,” to any minor person who violates any provision of this chapter, with a copy of such citation mailed to the parent or guardian of the violator. (Prior code § 15-31)

9.28.150 Parks and greenways—Driving or parking motor vehicles upon or across.

A. Driving or Parking Prohibited. No person shall park, permit the parking of, drive or permit to be driven any motor vehicle, including any motorcycle or any motor-driven bicycle or scooter, upon or across any park or greenway owned and maintained by the City unless a permit shall have been obtained as hereinafter provided and subject to the terms and conditions set forth in such permit. This prohibition shall not be applicable to emergency vehicles or to vehicles owned and operated by the City.

B. Permits for Driving or Parking. The Director of Parks and Recreation may issue permits to drive or park a vehicle across or upon such parks or greenways upon finding, based on such application as he or she may from time to time direct, the following:

1. That such person is an employee of the City and uses his or her personal vehicle in the course of performing official duties arising from such employment;

2. The vehicle shall be used only for the purpose of transporting a person to a facility within the subject park or greenway, which person is, because of physical disability, unable to get to and from such a facility without vehicular assistance;

3. That such person is transporting equipment or supplies for a program within the park or greenway, which equipment or supplies cannot reasonably be carried to the area where the activity is to be conducted.

9.28.160
(Woodland Supp. No. 2, 3-20) 332
Any permit issued according to this section shall state thereon any and all conditions as to when it may be used, the purpose for which it was issued, and such other conditions as the Director of Parks and Recreation may deem reasonably necessary to protect the person and property of others using the park or greenway. It is unlawful for any person to park or drive in violation of such conditions or to otherwise alter or misuse such permit. The permit shall be displayed on the dashboard or other appropriate place on the vehicle so that its conditions can be easily observed without entering the vehicle.

C. Speed Limit. No vehicle shall be driven on or across a park or greenway at a speed in excess of five miles per hour unless such park or greenway is otherwise posted.

D. Penalty. Any person violating the provisions of this section shall be guilty of an infraction and shall be subject to no less than a $25.00 fine. (Prior code § 15-32) Violation of this section shall be punishable pursuant to Section 9.28.290.

9.28.160 Park curfew.

A. Notwithstanding Section 9.36.020 of the City Code, no person shall be within any park from 30 minutes after sunset until 30 minutes before sunrise, except as provided in subsection B. Each park shall be posted with a sign or signs prohibiting the same.

B. Subsection A shall not apply to individuals:

1. Engaged in City business;

2. Engaged in a program or activity preapproved by the City; or

3. Engaged in an activity at a park for which a City facility use permit authorizing use during the hours prohibited pursuant to subsection A has been obtained from the City Parks and Recreation Department.

C. For purposes of this section, “park” means a community, neighborhood, or greenbelt park.

D. Violation of this section shall be punishable pursuant to Section 9.28.290. (Prior code § 15-33)

9.28.170 No parking adjacent to parks during curfew.

A. Notwithstanding any other provision of the City Code, no person shall park a vehicle on the side of a street immediately adjacent to any park from 30 minutes after sunset until 30 minutes before sunrise, unless such person is authorized to be within a park pursuant to Section 9.28.160. Each street affected by this prohibition shall be posted with a sign or signs prohibiting the same.

B. For purposes of this section, “park” shall have the meaning set forth in Section 9.28.160.

C. Violation of this section shall be punishable pursuant to Section 9.28.290. (Prior code § 15-34)

9.28.180 Prohibition of sound amplification in parks.

A. All sound amplification of speech or music of whatever type or kind shall be prohibited within the confines of any City park when posted by a sign or signs prohibiting the same unless excepted as hereinafter provided.

B. Sound amplification shall include, but not be limited to, sound amplification by means of standard radios and the like.

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333 (Woodland Supp. No. 2, 3-20)
C. The confines of any City park, as used in this section, shall be deemed to include a street and sidewalks on both sides of a street bounding the City park.

D. When a written permit is previously obtained from the Parks Director or deputized agent, sound amplification equipment necessary to further the public interest, such as in the case of political rallies, public celebrations, sports events, and other significant public events may be permitted subject to conditions assuring that the peace and quiet of the adjacent neighborhood is not unreasonably disturbed.

E. Sound amplification, as used in this section, shall not include a standard automobile radio when used and heard in the vehicle only by the occupants of the vehicle in which it is installed.

F. Violation of this section shall be punishable pursuant to Section 9.28.290.Violation of this section shall be an infraction. (Prior code § 15-35)

9.28.190 Permit application for sound amplification in parks.

Applications for a permit to amplify sound in a public park shall include the following:

A. Name and address of the applicant;
B. If different, name and address of the person who shall have direct responsibility for the use and operation of the sound amplification equipment; C. The purpose for which the sound amplification is proposed to be used; D. The designated location within the park area where it is proposed to install and operate the sound amplification equipment; E. A general description of the sound amplifying equipment proposed for use; F. The maximum sound producing power of the proposed sound amplifying equipment to be used, including, the wattage of the equipment, the maximum volume in decibels of sound which the equipment will produce, and the approximate maximum distance during daytime hours at which sound from the equipment may be heard with the equipment in operation at maximum volume. (Prior code § 15-36)

9.28.200 Injuring or interfering with police dogs prohibited.

Any person injuring, teasing, striking or otherwise interfering with a police dog under the custody of, or being used by, a law enforcement officer in performance of his or her official duties shall be punishable for an infraction as then defined by the law of the State. “Police dog” means any dog trained for assistance to law enforcement officers. (Prior code § 15-37)

9.28.210 Prohibition against loitering in no-cruising zone.

A. It is unlawful for any person to loiter on any property in the proximity of any posted no-cruising zone between the hours of 8:00 p.m. of one day and 6:00 a.m. of the next day.

B. For purposes of this section, “loitering” shall mean remaining on any property under such circumstances that a reasonable person would conclude that the person who remains on the property:

1. Does not have a purpose connected with the usual and ordinary use to which such property is put; and

2. Does not have a bona fide intent to exercise a constitutional right; and

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(Woodland Supp. No. 2, 3-20) 334

3. Is causing public inconvenience or annoyance by blocking, impeding or interfering with pedestrian, vehicular or other traffic.

C. For the purposes of this section, “property in the proximity of any posted no-cruising zone” shall mean any property which is both visible from and located within 300 feet of any portion of a street, alley or highway which is posted as a no-cruising zoning pursuant to Section 10.08.230(G) of the municipal code.

D. No person shall be held in violation of this section unless that person has, within the prior four hours, been warned, either verbally or in writing, that it is unlawful to loiter in the proximity of a posted nocruising zone.

E. It shall be a separate offense if, upon citation for loitering pursuant to this section, a person fails to depart promptly from the proximity of the posted no-cruising zone.

F. Violation of this section is an infraction and shall be punished in accordance with Section 1.08.070 (General penalty—Continuing violations—Aiding or abetting) of this code. (Prior code § 15-38)

9.28.220 Public places—Alcoholic beverages.

A. No person shall consume any alcoholic beverage, as defined in Business and Professions Code Section 23004, on any public parking lot, on any private parking lot held open to the public, on any public street, sidewalk, alley or walkway, or in any place held open to the public within 250 feet of any establishment selling alcoholic beverages.

B. A person or group applying for a block party permit may request, on the application for a block party permit, exemption from this section for the duration and location of the block party. If the person or group has requested this exemption and the block party permit is granted, the provisions of this section shall not apply during the time requested in the permit application to the public street, sidewalk, alley, walkway, or party thereof which is described in the permit application.

C. Anyone found guilty of violating this section shall be guilty of an infraction.

D. This section shall not be construed to prohibit any act which is prohibited by any laws of the State of California. (Prior code § 15-39)

9.28.230 Smoking.

A. Findings of Fact.

1. The U.S. Environmental Protection Agency (EPA) has designated environmental tobacco smoke (ETS) a Class A carcinogen and has determined that ETS is a major source of indoor air pollution and a cause of lung cancer in nonsmokers.

2. While all members of the population are at increased risk due to exposure to ETS, it constitutes a special health hazard for children, the elderly, and people with chronic lung disorders, cardiovascular disease, and obstructive airway disease.

3. State law prohibits the sale of tobacco products and e-cigarettes to individuals under the age of

18. 4. It has been shown that minors have access to tobacco in vending machines. State and Federal law require retail sales of cigarettes to be vendor-assisted and conducted face-to-face with few exceptions.

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335 (Woodland Supp. No. 2, 3-20)

5. While e-cigarettes are too new for longitudinal studies on their health effects, current research indicates that chemicals contained in e-cigarettes may be harmful and that vaping does release contents of e-cigarettes into the air.

B. Statement of Purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize the health risk that secondhand smoke poses to citizens of the Woodland community by provisions designed to:

1. Regulate access to tobacco products and e-cigarettes in vending machines;

2. Prohibit smoking in certain public places; and

3. Regulate e-cigarettes in the same manner as conventional cigarettes and tobacco products.

C. Prohibition on Sale of Tobacco Products and E-Cigarettes from Vending Machines. No cigarette, other tobacco product, or e-cigarette may be sold, offered for sale, or distributed by or from a vending machine or appliance, or any other device designed or used for vending purposes, except where minors are prohibited from entering without adult supervision.

D. Prohibition Against Smoking in Certain Public Places. Smoking shall be prohibited at all times in the following public places:

1. Areas measuring a distance of 20 feet from the main entrance of a commercial building:
a. The main entrance will be determined by either building design or how the address for the business is determined.
b. The posting of this entrance as “No Smoking Within 20 feet” is mandatory. c. Exemptions to this Subsection.
i. Bars with ABC license Type 40, 43, or 48 are exempt from this subsection between the hours of 8:00 p.m. and 4:00 a.m. of the following day, an eight-hour period. ii. Restaurants/bars with ABC license Type 41, 47, 51, 52, 57, or 69 are exempt from this subsection after food service has ceased, but not before 8:00 p.m. of that day and lasting until 4:00 a.m. of the following day.
iii. Vehicle occupants, whether the vehicle is either parked or in transit, which encroach on the 20-foot radius to the main entrance of a commercial building are exempt from this subsection.
iv. The 20-foot radius established by this section does not extend into the building.

2. City Facilities. All City-owned buildings, Buchignani Ball Park, Clark Field, Camarena Ball Park, Community Swim Center, the Municipal Swim Pool, the Woodland Public Library, and any future outdoor City park facility operated primarily for youth events, as designated by the Director of Parks and Community Services. The prohibition on smoking at these facilities includes the facility and the public property on which it is located extending to the adjacent public sidewalk.

All such areas and facilities shall be posted as nonsmoking.

3. Outdoor locations as specified in this subsection including areas located within a distance of 20 feet from the entrances and exits to such outdoor locations: public events, including, but not limited to, sports events, entertainment, speaking performances, ceremonies, pageants and fairs.

E. Smoking Defined. For purposes of this section, “smoking” means inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe, weed, plant, or other combustible substance in any manner or in

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(Woodland Supp. No. 2, 3-20) 336
any form. Smoking also includes the use of an e-cigarette that creates a vapor, in any manner or in any form, or the use of any oral smoking device.

F. E-Cigarette Defined. For purposes of this section, “e-cigarette” means any electronic oral device, such as one composed of a heating element, battery and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, hookah pen, or under any other product name or descriptor.

G. Violations and Penalties. Any person or entity which violates the prohibitions or fails to meet the requirements of this section shall be guilty of an infraction, punishable in the manner hereinafter prescribed:

1. Upon the first violation, shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed $100.00;

2. Upon the second violation within one year, shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed $200.00;

3. Upon the third and additional violations within one year of previous violation, shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed $500.00 per conviction;

4. These penalties are in addition to those which may be imposed pursuant to State law. (Prior code § 15-40)

9.28.240 Limitations to access to tobacco products and e-cigarettes.

A. Purpose. The purpose of this section is to reduce the ability of minors to purchase cigarettes and ecigarettes by eliminating self-service displays in the City.

B. Findings.

1. Each year more than 400,000 Americans die prematurely from tobacco-related illnesses. Tobacco use has been linked to cancer, emphysema, heart disease and a variety of other life-threatening health problems.

2. These health problems create a burden for local communities, and more specifically for the City.

In addition to the health care cost for these diseases, there is the lost human and economic contributions of each individual who suffers from the preventable effects of tobacco use.

3. According to the 2013 State Health Officer’s Report on Tobacco Use and Promotion in California, 64% of California smokers start by the age of 18. The California Department of Public Health Tobacco Control Program has found that while adult tobacco use has been declining, youth use, including use of new tobacco products, has been rising.

4. All 50 states, and the District of Columbia, prohibit the sale of tobacco products to minors. California State Penal Code Section 308(a) and 308(b) prohibit the sale of tobacco products and paraphernalia to minors and possession of tobacco by a minor. However, from 2010 to 2012 illegal sales of tobacco products to minors increased in California.

5. California Revenue and Taxation Code Section 30101.7 requires retail sales of cigarettes to be vendor-assisted and conducted face-to-face, except in limited circumstances involving mail-order sales.

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337 (Woodland Supp. No. 2, 3-20)

6. In 2010, the Food and Drug Administration enacted regulations that require cigarette and smokeless tobacco retailers to verify the age of each purchaser by photographic identification, to only sell cigarettes and smokeless tobacco in a direct, face-to-face exchange, and to not use selfservice displays and vending machines for cigarettes and smokeless tobacco unless they are located in a facility where no person younger than 18 may enter.

7. According to the 2013 State Health Officer’s Report on Tobacco Use and Promotion in California, youth are more likely to smoke if they are exposed to tobacco product displays.

8. State law prohibits the sale of e-cigarettes to minors.

9. While e-cigarettes are too new for longitudinal studies on their health effects, current research indicates that chemicals contained in e-cigarettes may be harmful and that vaping does release contents of e-cigarettes into the air.

10. According to the Center for Disease Control, from 2011 to 2012 e-cigarette use increased significantly among middle school and high school students.

C. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows:

1. “Business” means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.

2. “Minor” means any person under 21 years of age.

3. “Self-service displays” means open displays of tobacco products and e-cigarettes and point-ofsale tobacco and e-cigarette promotional products that the public has access to without the intervention of a store employee.

4. “Tobacco product” means:
a. A product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. b. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. c. Any component, part, or accessory of a tobacco product, whether or not sold separately.

Tobacco products do not include products approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

5. “Vendor-assisted” means only a store owner or employee shall have access to the tobacco product or e-cigarette and assist the customer by supplying the product or e-cigarette. The customer may not take possession of the product or e-cigarette until after it is purchased.

D. Identification Required. No retailer or vendor shall sell or permit to be sold cigarettes, other tobacco products or e-cigarettes to an individual without requesting and examining photographic identification establishing the purchaser’s age as 18 years or greater, unless the vendor or employee has a reasonable basis in fact to know the buyer is over the age of 18.

E. Vendor-Assisted Sales.

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1. It is unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product or e-cigarette by means of a self-service display rack or shelf that allows self-service sales or any means other than vendor-assisted sales.

2. All tobacco products and e-cigarettes shall be displayed and offered for sale exclusively by means of vendor/employee assistance, with tobacco products or e-cigarettes in a location which requires vendor or employee assistance to retrieve the tobacco product or e-cigarette.

F. Out-of-Package Sales. No person, business, tobacco retailer, or other establishment in the City shall sell or offer for sale cigarettes, other tobacco products or e-cigarettes not in the original packaging provided by the manufacturer and with all required health warnings. This section shall not apply to cigars dispensed from bulk packaging.

G. Posting of Signs. Any person, business, tobacco retailer, or other establishment in the City which sells tobacco products or e-cigarettes shall post plainly visible signs at the point of purchase of tobacco products or e-cigarettes which comply with California State Business and Professions Code Section 22952 (STAKE Act). All letters of the sign shall be at least one-half inch high or larger.

H. Severability. If any portion of this section or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect the other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are severable.

I. Enforcement.

1. Enforcement of this section shall be the responsibility of the Woodland Police Chief or designee, and the Woodland code enforcement officer. Further enforcement against a person shall not be undertaken without giving one warning to the offending business and/or offering an education session with a staff person designated by the Director of the County Health Department.

2. Notice of this section shall be given to all applicants for a business license or renewal thereof.

3. Any citizen who wishes to register a complaint under this section may initiate enforcement by bringing the matter to the attention of the staff person designated by the Director of the County Health Department, the Woodland Police Department or the Woodland code enforcement officer.

J. Violations—Infractions.

1. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to this regulation of this section to refuse to comply with any of its provisions.

2. Any person, business, tobacco retailer, owner, manager or operator of any establishment subject to this section who violates any provision of this section shall be deemed guilty of an infraction punishable by:
a. A fine not exceeding $100.00 for the first violation; b. A fine not exceeding $200.00 for a second violation within one year; and c. A fine not exceeding $500.00 for a third violation and for each additional violation of this section within one year.

3. A person who violates any provision of this section shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation continues.

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K. Public Education. The Woodland Police Department and the Woodland Community Development Department shall engage in a continuing program to explain and clarify the purpose and requirements of this section to citizens and businesses affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this section. (Prior code § 15-41)

9.28.250 Tobacco-free and e-cigarette-free zones at City parks and recreation facilities.

A. Findings and Purpose. The City Council hereby declares that substantial scientific evidence exists that the use of tobacco products cause cancer, heart disease, and various other medical diseases. The Surgeon General of the United States has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the United States. While e-cigarettes are too new for longitudinal studies on their health effects, current research indicates that chemicals contained in ecigarettes may be harmful and that vaping does release contents of e-cigarettes into the air. Accordingly, the City Council finds and declares it is in the public interest to establish regulations with respect to prohibiting the use of tobacco products and e-cigarettes in public park and recreational facilities, buildings, and areas.

B. Definitions. For the purposes of this section, the following definitions shall apply:

1. “Minor, child, or children” means any person under 21 years of age.

2. “Park” means all park and recreational facilities, including, but not limited to, playgrounds, skate parks, picnic areas, sports areas, parking lots, and other buildings or structures built or installed in the City for public use by children, to which the public has an unrestricted right of access and use for park or recreation purposes, and every other recreation facility owned, managed or controlled by the City, in either incorporated or unincorporated territory.

3. “Person” means any natural person, individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

4. “Tobacco product” means:
a. A product containing, made from, or derived from, tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. b. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. c. Any component, part, or accessory of a tobacco product, whether or not sold separately.

Tobacco products do not include products approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

C. Smoking Prohibited in Park and Recreation Facilities and Areas. It is unlawful for any person to use and/or discard lighted or unlighted tobacco products or e-cigarettes in any park unless otherwise designated by clearly posted and visible signage. Any person or entity violating any provision of this section may be issued an administrative citation pursuant to Chapter 9.20 of this title. Any person or entity violating any provision of this section within a 12-month period of the first violation shall be issued an additional administrative citation pursuant to Section 9.20.030(D)(2).

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D. Severability. If any provision, clause, sentence or paragraph of this section or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable. (Prior code § 15-42)

9.28.260 Adoption of Yolo County Code relating to tobacco retail permits.

A. Title 6, Chapter 15 of the Yolo County Code, pertaining to tobacco retailer permits, is hereby incorporated, in its entirety, with the exception of Section 6-15-04, by reference into this code and shall be enforced within the limits of the City.

B. All references to the term “unincorporated areas of the County of Yolo” in Title 6, Chapter 15 of the Yolo County Code shall be to the term “City limits.” All references to the term “Chapter” in Title 6, Chapter 15 of the Yolo County Code shall be to the term “Article.” All references to the term “Yolo County Code” in Title 6, Chapter 15 of the Yolo County Code shall be to the Woodland Municipal Code. The reference to the term “County” in Section 6-15.07(c) of the Yolo County Code shall be to the term “City.” The reference to the term “County of Yolo” in Section 6-15.15(f) of the Yolo County Code shall be to the term “City.” The reference to the term “Board of Supervisors of the County of Yolo” in Section 6-15.16 of the Yolo County Code shall be to the term “City Council of the City of Woodland.”
C. A tobacco retailer license may be renewed for any location in the City so long as: (1) no permanent revocation (as opposed to temporary suspension) of a license previously held for the location has occurred; (2) tobacco retailing has not ceased at the location for 60 consecutive days or longer, whether due to a business closure or otherwise; (3) the licensee does not substantially change the business premises or business operation; and (4) the licensee retains the right to operate under other applicable laws, including without limitation the zoning ordinance, building codes, or other applicable codes. (Ord. 1652 § 1, 2019; prior code § 15-43)

9.28.270 Regulation of use of Woodland Cemetery.

A. Hours of Operation and Business. The Woodland Cemetery shall be open to the public from 7:00 a.m. to dusk, seven days per week. The cemetery shall be open for business from 7:00 a.m. to 4:00 p.m., Monday through Friday, except City holidays.

B. Prohibition on Use of Alcoholic Beverages. It is unlawful for any person(s) to consume any alcoholic beverage, as defined in Business and Professions Code Section 23004, or possess any open container containing any alcoholic beverage in or about the Woodland Cemetery.

C. Dogs Prohibited. It is unlawful for any owner or bailee of a dog to permit such dog to enter the Woodland Cemetery. Exception: Guide dogs for the disabled.

D. Violation—Penalty. Any violation of any provision of this section shall constitute an infraction, and upon conviction thereof, shall be punished as set forth in Section 1.08.070(B) (General penalty— Continuing violations—Aiding or abetting). (Prior code § 15-50)

9.28.280 Prohibition on public urination and defecation.

A. It is unlawful and a misdemeanor for any person to urinate or defecate in or upon any street, sidewalk, alley, plaza, park, public building, publicly maintained facility, or any place open to the public or exPage 1905

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posed to public view. This section shall not be construed to prohibit the use for urination or defecation of lawfully constructed restroom facilities designed for the sanitary disposal of human waste.

B. Violations. Any person who violates this section shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Section 1.08.070 (General penalty—Continuing violations— Aiding or abetting). (Prior code § 15-55)

9.28.290 Prohibited activities in City parks.

A. Storage of Personal Property. No person shall store any personal belongings or property within the confines of any City park. An item shall be considered storage if it has been left unattended for a period of at least six consecutive hours.

B. Cooking. No person shall establish or maintain in any City park a temporary or permanent place for cooking or set up any grill, stove, or burner; provided, however, that any person may set up and use cooking equipment if he or she does so within an area of a City park designated by the City for cooking and food preparation or if he or she is participating in either a scheduled, City-sponsored event or an approved, permitted event, which event has, as part of its stated purpose, the preparation of food for human consumption.

C. Violations.

1. First Violation. Any person who either violates any provision of this section or any provision of Section 9.28.070, 9.28.110, 9.28.120, 9.28.150, 9.28.170, 9.28.180, 9.28.280, or 9.36.020 within the confines of any City park shall be guilty of an infraction and fined $100.00 for the first violation.

2. Second Violation. In the event any person commits a second violation of this section or of any provision enumerated in subsection (C)(1), regardless of whether the first and second offenses involve violation of the same section, he or she shall be guilty of a misdemeanor and shall be fined $200.00. (Prior code § 15-56)

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(Woodland Supp. No. 2, 3-20) 342
Chapter 9.32

FILMING
Sections:

9.32.010 Filming permits.

9.32.020 Disruption of motion picture or television productions.

9.32.010 Filming permits.

A. Statement of Purpose and Intent. This chapter establishes procedures for the review and issuance of permits allowing work associated with the production of commercial filming activities within the City.

The intent of this chapter is to facilitate the production of such work while protecting the residents and property owners from the potential adverse impacts of filming activities.

B. Definitions. For purposes of this chapter, the following definitions shall apply:

1. “Applicant” means any person who has applied for a City filming permit.

2. “City filming permit” or “permit” shall mean a permit issued by the City to allow the activities associated with the production, filming or videotaping of commercial motion picture and television shows, programs and commercials.

3. “City Filming Permit Coordinator” shall mean the City Manager of the City or the City Manager’s designee.

4. “Motion picture or television production” or “production” means all activity attendant to staging, making, filming or videotaping commercial motion pictures and television shows, programs and commercials.

5. “Permittee” means any person who has been issued a City filming permit by the City.

6. “Person” means any individual, firm, partnership, association, corporation, company or organization of any kind.

C. Permit Required. No person shall use any public or private property, building, facility or residence for the purpose of producing, taking or making any motion picture or television production without first applying for and receiving a City filming permit issued pursuant to the provisions of this chapter.

D. Permit Exceptions.

1. Non-profit organizations shall be exempt from the permit fee requirements only, provided they supply a certificate to the City stating that they are exempt and classified as non-profit under State and Federal taxing statutes. All other requirements of this chapter, however, shall apply to such organizations.

2. The provisions of this chapter shall not apply to:
a. Current news, which includes reporters, photographers or cameramen in the employment of a newspaper, news service, broadcasting station or similar entity engaged in the broadcasting of news events. b. Productions that are conducted by a cable television company operating under a franchise granted by the City which involve less than two motor vehicles.

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c. Student and educational filming, provided a written certificate is submitted from the school of their attendance stating they are currently an enrolled student and/or the educational film shall be limited to classroom viewing only.
d. The filming or videotaping of motion pictures solely for private use. e. Any motion picture or television production at a motion picture or television studio located in the City.

E. Permit Applications.

1. Permit Application. Any person desiring a City filming permit shall complete an application on a filming permit application form provided by the City Filming Permit Coordinator. Filming permit applications shall be submitted at least three working days prior to the date on which such person desires to conduct an activity for which a permit is required. If such activity will interfere with traffic or involves potential public safety hazards, an application shall be submitted at least five working days in advance.

2. Application Fee. The application for a City filming permit shall be accompanied by a nonrefundable permit application fee in the amount set by City Council resolution. This nonrefundable fee shall cover the actual costs of processing and investigating permit applications and administering the City filming permit program.

3. Permits from Additional Jurisdictions. Written evidence of permits and/or coordination with other public agencies may be required upon submission of an application for a City film permit. In such instances, requirements of the applicable responsible agencies shall also be made a requirement of the City film permit. Examples of potential agencies include, but are not limited to, the California Highway Patrol, Yolo County Sheriff’s Department and Fire Protection Districts in Yolo County.

4. Cleaning Deposit. Each application shall be accompanied by a refundable $500.00 faithful performance bond (cash or bond) in favor of the City at the time of application to ensure clean up and restoration of the production location. This amount may be increased as provided in subsection G below. The bond shall be returned upon completion of filming and after an inspection to the City’s satisfaction.

F. Permit Denials. The City Filming Permit Coordinator may deny a permit as provided for in this chapter if, based on a consideration of the application and from such other information as may be otherwise obtained, the City Filming Permit Coordinator finds that:

1. The production will unduly interfere with traffic, pedestrian movement or endanger public safety.

2. The production will unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to private or public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant.

3. The production will constitute a fire hazard or any other type of safety hazard that cannot be adequately mitigated.

4. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail.

5. The application is incomplete or the applicant failed to complete the application after having been notified of the additional information or documents required.

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G. Permit Conditions. The City Filming Permit Coordinator may impose any conditions found necessary to protect the public health, safety and welfare. The permittee shall comply with any conditions or restrictions the City may impose as a condition to issuing a permit. No changes shall be made without first obtaining the City’s written approval. In addition to specific conditions placed on individual City filming permits by the City and other public agencies, the following conditions shall apply:

1. Special Effects. Any use of special effects (e.g., pyrotechnics, open flames, small explosives, etc.) shall require a separate special effects permit from the City Fire Department. Evidence of such a permit shall be submitted at the time of application for a City filming permit.

2. Traffic Control. Production companies must use the City Police Department for any filming that requires interim traffic control (“ITC”). ITC on major roads is limited to five minutes. ITC shall not occur more than once during any 20-minute period. The permittee is responsible for obtaining, and paying the cost of, the required officers. The following conditions shall apply:
a. The permittee shall furnish and install all advance warning signs and any other traffic control devices in conformance with Caltrans’ Manual of Traffic Controls for construction and maintenance work zones.
b. Traffic shall not be detoured across a double centerline without prior approval of the City Engineer/Public Works Director.
c. Camera cars must drive with the flow of traffic and must not interfere with other vehicles on the road.
d. Stationary cameras should be mounted off of the roadway. If a stationary camera is to be located in a traffic lane, all necessary lane closures must be provided and this matter must be disclosed on the permit.
e. No existing regulatory or warning signs may be bagged or removed without City approval. f. If a production company wets the roadway for filming purposes, the filming company may not strike the set until the roadway is dry to the City’s satisfaction.

3. City Fire Department. Production companies shall comply with the provisions set forth in “Filming in California. A Fire Protection Handbook.” All productions numbering over 50 cast and crewmembers require Fire Department notification. Production companies are further responsible for contacting the Fire Department to determine the requirements of the Fire Safety Advisor Coordinator. Written evidence of the Fire Safety Advisor Coordinator’s requirements for the production shall be required upon submission of an application for a City filming permit. Fire safety advisors are required for:
a. Productions using special effects.
b. Productions involving helicopter refueling, stunt operations and location takeoffs and landing. c. Productions occurring in native vegetative areas.
d. Interior productions closed to the public where crew and cast exceed 25 members. e. Productions involving refueling operations in excess of 10 gallons.

4. Limitation of Filming Hours. Filming activity of commercial motion picture or television productions shall be limited to between the hours of 7:00 a.m. and 7:00 p.m.

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a. Residential Extension. Filming activity hours may be extended beyond 7:00 p.m. in residential areas upon the submission of written approval of 75% of the property owners and/or residents within a 500-foot radius of the filming location. The approval form shall be provided by the City.
b. Nonresidential Extension. Filming activity hours in nonresidential areas may be extended beyond 7:00 p.m. with the consent of both the City and 75% of the property owners and/or occupants within a 500-foot radius of the filming location.

5. Insurance. The City shall require, as a condition of issuing such a permit, that the applicant furnish acceptable proof of insurance in a minimum amount of $1,000,000.00 to protect the City against claims of third persons for personal injury, wrongful death and property damage and to indemnify the City for damage to City property arising out of the permittee’s activities. The City, in its sole discretion, may require additional insurance for certain filming activities. A copy of the policy will remain on file with the application. The City and its officers and employees shall be named as additional insured under the policy which shall not be subject to cancellation or modification until after 30 days’ written notice to the City. The applicant shall also submit verification that adequate worker’s compensation insurance coverage is maintained.

6. Cleanup/Restoration.
a. Depending on the nature of the production, the City may require an additional deposit in excess of the $500.00 deposit set forth in subsection (E)(4), above. b. The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris within two hours of the completion of the activity to the satisfaction of the City. The permittee shall be responsible for restoring any area damaged or disrupted before leaving the production location. If the production location is not repaired or restored to the City’s satisfaction, the City Filming Permit Coordinator shall have the necessary restoration and/or repairs performed at the expense of the permittee.

7. Reimbursement. The applicant shall pay the City for all costs and expenses incurred by the City as a result of the production. The City Filming Permit Coordinator may require the applicant to post a cash bond in an amount to be determined by the City Filming Permit Coordinator sufficient to satisfy this reimbursement obligation.

H. Public Service Fees.

1. Upon approval of an application for a City filming permit, the City filming permit coordinator shall provide the applicant with a statement of the estimated cost of providing police, fire, emergency medical services and other City employees and services for public safety for the filming event. The cost of such services shall be solely borne by the applicant and shall be paid to the City prior to the conducting a production. The amount of such fees shall be based on the City’s actual cost of providing the required number of police and other City employees and services necessary to ensure the safety of both the participants of the production and the community.

2. If the actual cost of public services for the filming event is less than the estimated cost pursuant to subsection (H)(1) of this section, the permittee shall promptly be refunded the difference by the City. If the actual cost for public services is more than the estimated cost pursuant to subsection

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(H)(1) of this section, the difference shall become due and payable to the City upon the permittee’s receipt of a statement of actual costs by the City.

I. Permit Issuance.

1. Prior to the issuance of a City filming permit, the applicant shall execute a hold harmless agreement. In this agreement, the applicant shall consent to defend, indemnify and hold harmless the City and its officers and employees from any liability to any persons or property resulting from any damage or injury occurring in connection with the permitted filming event, insofar as permitted by law.

2. Prior to the issuance of a City filming permit, the applicant shall be required to execute a location filming checklist.

3. Unless grounds for denial exist pursuant to subsection F, above, the City Filming Permit Coordinator shall issue the City filming permit after the application has been approved, the applicant has agreed in writing to comply with all of the terms and conditions of the permit, and the requirements of this chapter respecting indemnification, insurance, police, traffic-control, fees, and cleanup deposits have been fully satisfied.

J. Filming Requirements.

1. Safety. No person shall engage in any motion picture or television production that would constitute a hazard to public safety or otherwise interfere with or endanger the public place or rights of any owners or occupants of property to the quiet, peaceful and unmolested enjoyment of their property.

2. Location Filming Requirements. Permittees shall comply with the following requirements filming requirements:
a. In preparing for the filming, consideration must be given to all neighbors or business owners who will be impacted. b. When filming in a neighborhood or business district, proper notification shall be provided to each neighbor or merchant within the total reasonable range of the filming’s impact and physical presence. The filming notice shall, at a minimum, include the name of the company, name of production, kind of production (e.g., feature film, etc.), duration of activity (e.g., date(s), 7:00 a.m. to 7:00 p.m., etc.), description of filming activity, company contact and a signed copy of the location filming checklist.
c. Production vehicles arriving on location in or near a residential neighborhood shall not enter the area at a time earlier than the time stipulated in the permit. d. Production vehicles shall neither park in nor block driveways without the express permission of the City and driveway owner. e. All productions shall keep noise levels as low as possible, and strive to maintain a “low profile” during their presence in the area. f. All catering, craft services, construction, strike and personal trash is to be removed from the location and its impacted area.
g. Cast and crew meals shall be confined to the area designated in the permit. Individuals shall eat within the designated meal area during scheduled crew feedings.

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h. Removal, trimming and/or cutting of vegetation or trees is prohibited, unless approved by permit or property owner. Requirements of any applicable City tree ordinance shall be satisfied. i. All signs erected for filming purposes shall be removed upon completion of the day’s filming, unless otherwise stipulated by the permit. j. The removal, moving or towing of the public’s vehicles is prohibited without the express permission of the City or the owner of the vehicle.
k. All members of the cast and crew of the production shall behave in a courteous manner. l. The production shall not interfere with the normal activities of the neighborhood, unless specified in the permit.
m. Any roadwork or construction by City crews and/or private contractors under permit or contract to the City shall have priority over filming activities. n. All fire lanes shall remain open at all times. The access to all private and public buildings must be maintained. Intersection sight distance must also be maintained. o. The City shall not provide posting of advance parking reservations for any production company. The permittee is responsible for posting of all public or private parking areas. p. The production area and all surrounding areas, including the public right-of-way shall be cleaned daily by the permittee. No litter shall remain upon completion of the filming. If either the City or a homeowners association is required to clean up the street as a result of a complaint, the production company shall be liable for such costs. q. There shall be no interference with the normal activities of any neighborhood, such as refuse collection, street sweeping, deliveries or ingress or egress to public or private property. r. The use of bullhorns shall not be permitted.

K. Rules and Regulations.

1. Change of Date. Upon request of the permittee, the City shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location.

2. Rules. The City Filming Permit Coordinator is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Council, governing the form, time, and location of any motion picture or television production conducted within the City. The rules and regulations promulgated by the City Filming Permit Coordinator shall be based upon the following criteria:
a. The health and safety of all persons;
b. Avoidance of undue disruption of all persons within the affected area; c. The safety of property within the City and;
d. Traffic congestion at particular locations within the City.

L. Appeal Procedures. The decision of the City filming Permit Coordinator to issue, conditionally issue, or not issue a permit shall be final, unless appealed in writing within five working days of the decision by requesting a hearing of the City Council at the next available meeting. Such written request for an appeal consideration shall be accompanied by a fee, as established by City Council resolution. If the

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(Woodland Supp. No. 2, 3-20) 348
length of time between the appeal and the filming event prevents an appropriate review by the City Council, then the decision of the City Filming Permit Coordinator is final.

M. Revocation of Permit.

1. The City Filming Permit Coordinator may revoke a permit upon a finding that any term, condition, restriction or limitation of such permit has not been complied with, including the timely payment of all required deposits. A permit may also be revoked if the City Filming Permit Coordinator determines that, as a result of changed circumstances, any one or more of the grounds for denial specified in subsection F have been met. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the City Council from any such revocation may be taken as specified in subsection L.

2. The City Filming Permit Coordinator may revoke a City filming permit prior to the expiration of the City filming permit in the event of the occurrence of a riot, major disorder or serious breach of the peace when, in his or her opinion, it is necessary to prevent injury to persons and/or to property.

N. Enforcement. A violation of the provisions of this chapter shall be a misdemeanor and may be punishable in accordance with Section 1.08.070 (General penalty—Continuing violations—Aiding or abetting). (Prior code § 15-51)

9.32.020 Disruption of motion picture or television productions.

A. No person, after first being warned by a peace officer to cease the conduct, shall engage in conduct that disrupts motion picture or television productions undertaken pursuant to a City filming permit issued by the City.

B. For purposes of this chapter, “conduct which disrupts motion picture or television production” includes, but is not limited to:

1. Creating or causing audible interference to the recording of sound;

2. Interfering with the ability of a production to achieve consistent light levels by shining or reflecting light onto a set or at a camera or by utilizing some other artificial means to adversely affect lighting;

3. Interfering with the ingress or egress of production equipment or personnel;

4. The placement of any obstacles at any location where production is taking place.

C. A violation of the provisions of this chapter shall be a misdemeanor and may be punishable in accordance with Section 1.08.070 (General penalty—Continuing violations—Aiding or abetting).

D. This section shall not apply to any person who is engaged in the bona fide exercise of a constitutional right. (Prior code § 15-52)

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Chapter 9.36

CLOSURES OF PUBLIC PLACES
Sections:

9.36.010 Closure of walkway between Cottonwood and Ashley Streets.

9.36.020 Public use of Freeman Park.

9.36.010 Closure of walkway between Cottonwood and Ashley Streets.

A. Closure of Walkway. The walkway between Cottonwood Street and Ashley Street shall be closed to the public between dusk and dawn daily. This closure shall be effective upon the posting of appropriate signage informing the public thereof.

B. Violation—Penalty. Any violation of any provision of this section shall constitute an infraction, and upon conviction thereof, shall be punished in accordance with Section 1.08.070 (General penalty— Continuing violations—Aiding or abetting). (Prior code § 15-53)

9.36.020 Public use of Freeman Park.

A. Closure of Park. Freeman Park shall be open to the public daily between the hours of 8:00 a.m. and 6:00 p.m. or dusk, whichever is earlier; provided, however, that any person may use Freeman Park between 6:00 p.m. or dusk, whichever is earlier, and 8:00 a.m. if he or she does so as part of a scheduled, City-sponsored event or if he or she is participating in an approved, permitted event.

B. Gazebo/Bandstand Use.

1. No person shall use the gazebo/bandstand in Freeman Park unless the Parks, Recreation, and Community Services Director, or assignee, has issued a permit for that use. For purposes of this section, the gazebo/bandstand shall include both the gazebo/bandstand structure itself and an area extending in a five-foot radius around that structure.

2. An application form for a permit to use the gazebo/bandstand shall be available at the Parks, Recreation, and Community Services Office, and applicants shall be required to include the following:
a. The name and address of the applicant;
b. The name and address of the person, if different from the applicant, who shall have direct responsibility for the use of the gazebo/bandstand;
c. The purpose or purposes for which the applicant proposes to use the gazebo/bandstand; d. A general description of any equipment or materials the applicant proposes to attach to or use in, on or around the gazebo/bandstand;
e. Whether the purpose for which the applicant proposes to use the gazebo/bandstand will include cooking or the use of fire or electrical equipment of any kind; and f. The date and time period for which the applicant seeks to use the gazebo/bandstand. (Prior code § 15.54)
C. Violation of this section shall be punishable pursuant to Section 9.28.290.

Formatted: Left, Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 0.25" + Indent at: 0.5"

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: September 5, 2023
ITEM #: I.15
SUBJECT: Woodland Finance Authority Wastewater Revenue
Refunding Bond, Series 2022 Interest Rate
Conversion
Recommendation for Action: Staff recommends that the Board of the Woodland Finance Authority approve Resolution No. _____, approving the Conversion of the Interest Rate on the Wastewater Revenue Bonds, Refunding Series 2022.

Staff Contact:

Kim McKinney, Administrative Services Director, (530) 661-5849, [email protected] Fiscal Impact:

The 2022 Wastewater Refunding Bond (2022 Bond) was issued to refund, for significant economic savings, the Wastewater Revenue Bonds Refunding Series 2014 (the 2014 Bonds). The 2022 Bond, like the 2014 Bonds, is payable solely from net revenues of the City’s wastewater system. At the time of issuance of the 2022 Bonds, the bonds were issued at a taxable interest rate, but are now being converted to a tax-exempt interest rate as discussed herein.

The following table summarizes the calculation of the savings between the 2022 Bonds and the 2014 Bonds, assuming conversion of the interest rate from 3.60% (taxable) to 2.845% (tax-exempt) on or before December 5, 2023:

The total cash flow savings are over $1.76 million with an average annual savings of $135,767 per year from fiscal years 2023 to 2035. The net present value savings are over $1.46 million or 8.32%

as a percentage of the outstanding 2014 Bonds refunded. The California Debt and Investment Advisory Commission (“CDIAC”) notes refundings with net present value savings which exceed 3.0% to 5.0% can be considered significant. The refunding exceeded this range at 8.32%.

There are certain bond counsel and municipal advisor costs associated with the conversion, including preparing the 2023 Interest Rate Conversion Notice (attached hereto) and preparing a tax-exempt opinion and other related costs. These costs were not charged to the original transaction but will be charged post conversion.

Note: Should the interest rate conversion not occur, there are still total savings of $629,500 or $48,423 per year with a net present value benefit of $492,290 or 2.242%.

Background:

The Woodland Finance Authority issued the Wastewater Revenue Bonds, Refunding Series 2014 (Junior Lien) (The “2014 Bonds”) in the original amount of $33.825 million. The proceeds of the 2014 Bonds were used refund bonds issued by the Authority for the City’s wastewater system in 2002 and 2005 and to pay costs of issuance. At the time of the refunding there were $24.77 million outstanding 2014 Bonds.

The Tax Cuts and Jobs Act of 2017 eliminated the ability for issuers to refund, on a tax-exempt basis, bonds in advance of their call date. This is commonly known as an advance refunding. However, bonds may be refunded as tax-exempt within 90 days of their call date, a structure which is commonly known as a current refunding. The 2014 Bonds were not callable until March 1, 2024, meaning a tax-exempt advance refunding was not currently permitted and the Authority would need to wait to do a current refunding until 90 days before March 1, 2024, or on or after December 1, 2023. However, a refunding of the 2014 Bonds could be completed early by selling a refunding bond at a taxable interest rate which will be in effect until 90 days before the call date or, in this case, December 5, 2023. On December 5, 2023, the interest rate will convert to tax-exempt. This structure is commonly known as a “Convertible” bond or a “Cinderella” bond.

In 2022, staff and the Authority’s Financing Team set out to secure proposals from direct placement financial institutions that might consider purchasing a Convertible bond. The Financing Team prepared a term sheet that went out to numerous financial institutions. The Authority received five (5) qualified responses from various financial institutions. Webster National Bank (the “Purchaser”) was the clear winner with both the lowest taxable (3.60%) and the lowest converted tax-exempt interest rate (2.845%).

The 2022 Bond refunded for significant savings the outstanding 2014 bonds payable on or after March 1, 2025 to March 1, 2035, outstanding in the amount of $21.955 million. The 2014 Bonds maturing on March 1, 2023 and March 1, 2024, outstanding in the amount of $2.815 million, were non-callable and refunding them did not provide any economic benefit. The 2023 and 2024 maturities of the 2014 Bonds remained outstanding and will be paid as regularly scheduled.

Discussion:

Pursuant to Section 13.09 of the Trust Agreement, the Authority has the right, subject to the satisfaction of certain conditions, at any time on or after December 5, 2023, to convert the interest rate payable on the Series 2022 Bond from 3.60% per annum, which is the federally taxable rate of interest currently borne by the Series 2022 Bond, to 2.845% per annum (the “Tax Exempt Rate”). The attached resolution and document serve to approve the conversion and serve notice to Webster National Bank (the “Purchaser”).

Prior to the conversion date of December 5, 2023, the Authority will notify the Purchaser that the

Authority wishes to exercise the option to convert from taxable to tax-exempt. The Purchaser will then have the option to determine whether the Refunding Bonds are callable beginning on any interest payment date at one of the following two options:
3/1/26 Through 9/1/27 @102%
3/1/28 Through 9/1/29 @ 101%
3/1/30 and Thereafter @ 100%
or
3/1/24 Through 9/1/25 @ 103%
3/1/26 Through 9/1/27 @ 102%
3/1/28 Through 9/1/29 @ 101%
3/1/30 and Thereafter @ 100%
The resolution appoints the following firms to work on the conversion (the “Financing Team”):
• Lozano Smith LLP as Bond Counsel
• Del Rio Advisors, LLC, as Municipal Advisor
Table 2 summarizes the results of refunding the callable 2014 Bonds with the issuance of the 2022 Bond. This table also assumes the conversion takes place on or before December 5, 2023.

Documents for Review and Consideration
2023 Interest Rate Conversion Notice whereby the Authority notifies the Purchaser of its desire to convert the interest rate and the Purchaser has the right to choose one of two optional redemption provisions.

Members of the Financing Team are present tonight to answer any questions.

Conclusion:

Staff recommends that the Board of the Woodland Finance Authority approve Resolution No. _____, approving the Conversion of the Interest Rate on the Wastewater Revenue Bonds, Refunding Series 2022.

Prepared by: Kim McKinney, Administrative Services Director

Attachments:

1. Resolution - Interest Rate Conversion Wastewater 2022

2. 2023 Interest Rate Conversion Notice - Woodland FA

4891-0658-6226, v. 1 1

WOODLAND FINANCE AUTHORITY
RESOLUTION NO. 23-01

RESOLUTION APPROVING THE CONVERSION OF THE INTEREST RATE ON THE AUTHORITY’S WASTEWATER REVENUE BOND, REFUNDING SERIES 2022 TO

THE TAX-EXEMPT RATE
WHEREAS, the Woodland Finance Authority (the “Authority”) issued its Wastewater Revenue Bond, Refunding Series 2022 (Federally Taxable Convertible) (the “Series 2022 Bond”) on May 25, 2022, pursuant to the Trust Agreement as supplemented by the first supplemental trust agreement, both dated March 1, 2014, and the second supplemental trust agreement dated May 1, 2022 (as so amended and supplemented, the “Trust Agreement”), each between the Authority and U.S. Bank Trust Company, National Association (as successor-in-interest to U.S. Bank National Association), as trustee (the “Trustee”);
WHEREAS, pursuant to Section 13.09 of the Trust Agreement, the Authority has the right, subject to the satisfaction of the conditions provided therein, at any time on or after December 5, 2023, to convert the interest rate payable on the Series 2022 Bond from 3.60% per annum, which is the federally taxable rate of interest currently borne by the Series 2022 Bond, to 2.845% per annum (the “Tax-Exempt Rate”);
WHEREAS, it appears to the Board of Directors of the Authority (the “Board”) that the conversion of the interest rate on the Series 2022 Bond to the Tax-Exempt Rate on December 5, 2023, is desirable and in the best interests of the Authority; NOW, THEREFORE, BE IT RESOLVED, by the Board of the Woodland Finance Authority, as follows:

Section 1. Recitals. The foregoing recitals are true and correct and the Board so finds and determines.

Section 2. Authorization of Officers to Implement the Conversion. The Board hereby authorizes and directs the President, the Vice President, the Administrator, the Treasurer/Controller and the Secretary of the Authority, and their respective designees, as have been designated by the Board (“Designated Officers”), for and in the name of the Authority, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to complete the conversion of the interest rate on the Series 2022 Bond to the Tax-Exempt Rate. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of this resolution are hereby ratified, confirmed and approved in all respects.

Section 3. Identification of Professionals Involved. The Board hereby approves the firm of Del Rio Advisors, LLC, to act as municipal advisor (the “Municipal Advisor”), and the firm of Lozano Smith, LLP, to act as bond counsel with respect to the conversion of the interest rate on the Series 2022 Bond. A Designated Officer is hereby authorized to execute and deliver service agreements with such firms.

4891-0658-6226, v. 1 2
Section 4. General Authorization. The Board hereby authorizes and directs the Designated Officers and other officers and agents of the Authority, and each of them individually, for and in the name of and on behalf of the Authority, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to complete the sale, issuance, and delivery of the Bond and otherwise to carry out, give effect to, and comply with the terms and intent of this resolution. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of this resolution are hereby ratified, confirmed and approved in all respects.

Section 5. Effective Date. This resolution takes effect immediately upon its passage.

APPROVED, PASSED AND ADOPTED on September 5, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ana B. Gonzalez, Secretary of the Authority

4866-4911-7042, v. 1
[WOODLAND FINANCE AUTHORITY LETTERHEAD]
[Date]
Webster National Bank
500 Seventh Avenue, 3rd Floor
New York, NY 10018
Attention: Public Sector Finance
US Bank Trust Company, National Association
One California Street, Suite 1000
San Francisco, CA 94111
Attention: Global Corporate Trust
Re: Woodland Finance Authority
Wastewater Revenue Bond, Refunding Series 2022
(Federally Taxable Convertible):

Election to Convert the Interest Rate on the Series 2022 Bond Dear Mr. Leonard:

This notice is given pursuant to Section 13.09 of the Trust Agreement as supplemented by the first supplemental trust agreement, both dated March 1, 2014, and the second supplemental trust agreement dated May 1, 2022 (as so amended and supplemented, the “Trust Agreement”), each between the Woodland Finance Authority (the “Authority”) and U.S. Bank Trust Company, National Association (as successor-in-interest to U.S. Bank National Association), as trustee (the “Trustee”), pursuant to which the Authority’s 2022 Wastewater Revenue Bond, Refunding Series 2022 (Federally Taxable Convertible) (the “Series 2022 Bond”) was issued. Capitalized terms used below have the meanings specified in the Trust Agreement.

The Authority hereby notifies you:
(i) that the interest rate on the Series 2022 Bond will be converted to the Tax-Exempt Rate on December 5, 2023, which is the Conversion Date hereby selected by the Authority, subject to the delivery of the items required by Section 13.09(C) of the Trust Agreement on or prior to the Conversion Date; and (ii) that the Owner of the Series 2022 Bond shall exercise its option to choose one of two optional redemption provisions for the Series 2022 Bond as provided in Section 13.03(C) of the Trust Agreement by delivering to the Authority and the Trustee not less than thirty (30) days prior to December 5, 2023, the Owner’s Change in Redemption Notice.

Sincerely,
___________________________________
[AUTHORITY NAME/TITLE]