Agenda packet — Woodland City Council, October 3, 2023 (part 1 of 2)

City of Woodland

Meeting Agenda

City Council
City Hall
Council Chambers
300 First Street
Woodland, CA 95695
October 3, 2023
6:00 PM

CITY COUNCIL

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

A. CALL TO ORDER

B. ROLL CALL

C. PLEDGE OF ALLEGIANCE

D. LAND ACKNOWLEDGEMENT

E. COMMUNICATIONS - PUBLIC COMMENT

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

Speakers are requested to use the microphone in front of the Council and to begin by stating their name, whether they reside in Woodland and the name of the organization they represent if any. The Mayor may impose a time limit on any speaker depending on the number of people wanting to speak and time available for the rest of the agenda. In the event comments are related to an item scheduled on the agenda, speakers may be required to wait to make their comments until that item is considered. The option to submit a public comment via voicemail is no longer available. Written Public Comments Members of the public are welcome to submit written comments prior to the meeting. Comments should be submitted by email to [email protected]. Written Comments received at least two (2) hours prior to the scheduled start time of the City Council meeting will be provided to the City Council and posted to the City website as part of the official record of the meeting but will not be read into the record. Written Comments received within two (2) hours of the scheduled start time of the City Council meeting and during the City Council meeting will be provided to the City Council the day following the City Council meeting. If you are submitting written comments on a particular item on the agenda, please identify the agenda item number and letter. If you are submitting written comments on an item not listed on the agenda, please identify your e- mail/comment as a General Public Comment. Note: Public comments at special meetings are limited to items on the agenda only.

1. SUBJECT: General Public Comments

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

F. COMMUNICATIONS - COUNCIL/STAFF STATEMENTS AND REQUESTS

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

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2. SUBJECT: Long Range Calendar

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

G. CONSENT CALENDAR

3. SUBJECT: Proclaim October 2023 as Breast Cancer Awareness Month

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt a Proclamation proclaiming October 2023 as Breast Cancer Awareness Month and acknowledging the local efforts of Thriving Pink.

4. SUBJECT: Fire Prevention Week 2023

RECOMMENDATION FOR ACTION: City Council adopt a Proclamation recognizing October 8, 2023 through October 15, 2023 as Fire Prevention Week in Woodland.

5. SUBJECT: Community Enhancement Specialist Job Description

RECOMMENDATION FOR ACTION: Staff recommends that the City Council approve the job description for the new job classification of Community Enhancement Specialist (Range 46).

6. SUBJECT: City Council Meeting Minutes of September 5, 2023 and September 19, 2023

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of September 5, 2023 and September 19, 2023.

7. SUBJECT: Sustainability Advisory Committee Minutes from July and August 2023

RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive minutes from the Sustainability Advisory Committee's July and August meetings.

8. SUBJECT: City Manager Amended and Restated Employment Agreement

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, Approving an Amended and Restated Employment Agreement Between the City of Woodland and Ken Hiatt for the position of City Manager.

9. SUBJECT: Police Officer Hiring Incentive Program

RECOMMENDATION FOR ACTION: Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager and Police Chief to develop and implement a Police Officer Hiring Incentive Program that will include incentives consistent with the terms set forth in this staff report.

10. SUBJECT: Second Reading and Adoption of an Ordinance revising Sections within Chapter 9.28, “Offenses - Miscellaneous,” to Title 9 of the Woodland Municipal Code

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RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Ordinance No. 1713, 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.

11. SUBJECT: Lower Cache Creek Flood Risk Reduction Project, CIP 22-16; Appropriate Project Funding, Approve Consultant Amendment #1 with Wood Rodgers for Consulting Services, Approve Consultant Agreement with HDR for Consulting Services, and Approve Consultant Amendment #11 with MBK for Consulting Services.

Recommendation for Action: Staff recommends that the City Council approve Resolution No. ______, authorizing the City Manager to:

1. Appropriate $2,500,000 from Fund 2220, Sewer Enterprise Fund as an interfund loan; and

2. Authorize the consultant services amendment #1 with Wood Rodgers for the Lower Cache Creek Flood Risk Reduction Project for an amount up to $150,000; and

3. Authorize the consultant services agreement with HDR for the Lower Cache Creek Flood Risk Reduction Project for an amount up to $1,554,903.60; and

4. Authorize the consultant services amendment #11 with MBK for the Lower Cache Creek Flood Risk Reduction Project for an amount up to $338,758

12. SUBJECT: Contract Amendment #2 with West Yost for the Spring Lake Recycled Water Project, CIP #17-07

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, to authorize the City Manager to execute contract amendment #2 with West Yost Associates (West Yost) for the Spring Lake Recycled Water Project, CIP #17-07, for an amount not to exceed $17,668.

13. SUBJECT: Appropriation to Fund 2012 for Fire Department Vehicle Replacements

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to:

1. Appropriate $24,860 to the Vehicle Replacement Fund (Fund 2012) to cover additional costs associated with the replacement of vehicle #074.

2. Appropriate $109,809 to the Vehicle Replacement Fund (Fund 2012) for the replacement of vehicle #737.

H. REPORTS OF THE CITY MANAGER

14. SUBJECT: Consideration of Ordinance to Provide for City Inspection of Backflow Devices

RECOMMENDATION FOR ACTION: Staff recommends that the City Council introduce and waive the first reading of a revision to the ordinance of the City Council of the City of Woodland, California revising sections within Chapter

13.24.030, "Regulations," to Title 13 of the Woodland Municipal Code.

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15. SUBJECT: Updated Greenhouse Gas Inventory

RECOMMENDATION FOR ACTION: Staff recommends that the City Council direct staff to update the City's greenhouse gas (GHG) emissions inventory.

I. ADJOURN

I declare under penalty of perjury that the foregoing Agenda for the Joint Regular City Council/Woodland Finance Authority Meeting of the City of Woodland scheduled for Tuesday, Octobber 3, 2023 was posted on Friday, September 29, 2023 in the outside display case at City Hall, 300 First Street, Woodland, CA, and was available to the public during normal business hours.

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

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

Persons needing disability-related modifications or accommodations in order to participate in public meetings, including persons requiring auxiliary aids or services, may request such modifications or accommodations by calling the Office of the City Clerk (530-661-5806) at least 48 hours prior to the meeting.

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: E.1
SUBJECT: General Public Comments

Attachments:

None

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: F.2
SUBJECT: Long Range Calendar

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

Staff Contact:

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

Background:

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

Attachments:

1. Council Long Range Calendar

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UPDATED CITY COUNCIL LONG RANGE CALENDAR
October 17TH REGULAR MEETING
Mexican-American Concilio 50th Anniversary Proclamation Woodland Hosts Lions 100th Anniversary Proclamation
Declare November 1, 2023 as Extra Mile Day
2nd reading - Ordinance revising sections within Chapter 13.24.030, "Regulations," to Title 13 Approve CR 25A/SR 113 Cooperative Agreement, CIP 21-14
Armfield / Lemen Avenue - Neighborhood Framework Report November 7TH REGULAR MEETING
City Council Meeting Minutes of October 3, 2023 and October 17, 2023 Annexations – Westucky, Barnard Court, North East Street, & Industrial Area Establishment of Rates for Public EV Chargers
Facility Naming Policy Update
FY 2023/24 Quarterly Budget Update
November 21ST REGULAR MEETING
Rule 20A Undergrounding District
Future Topics / Study Sessions:

Fire Department Strategic Plan – (December)
Sports Park User Agreements

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.3
SUBJECT: Proclaim October 2023 as National Breast Cancer Awareness Month

Recommendation for Action: Staff recommends that the City Council adopt a Proclamation proclaiming October 2023 as Breast Cancer Awareness Month and acknowledging the local efforts of Thriving Pink.

Attachments:

1. Proclamation October 2023 National Breast Cancer Awareness Month

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PROCLAMATION

NATIONAL BREAST CANCER AWARENESS MONTH AND

ACKNOWLEDGING THE LOCAL EFFORTS OF THRIVING PINK
OCTOBER, 2023
WHEREAS, breast cancer is the most commonly diagnosed cancer among American women. It is estimated that 1 in 8 women will be diagnosed with breast cancer over the course of their lifetime, with over 3.8 million women now living in the U.S. with a history of breast cancer; and WHEREAS, during National Breast Cancer Awareness Month, we renew our commitment to fighting this disease, providing education on prevention and early detection, and supporting those affected by breast cancer; and
WHEREAS, Thriving Pink, established in 2016 as a local 501c3 nonprofit organization, has a mission to help local breast cancer survivors thrive with a network of support and offers all programs and services at no charge to the community; and
WHEREAS, Thriving Pink volunteers represent breast cancer survivors, community members, business owners, and health and wellness professionals, who come together to make a difference in the lives of those in our community who are battling this disease; and
WHEREAS, Thriving Pink helps the breast cancer community from the time of initial diagnosis and throughout survivorship, providing individual financial grants for immediate and essential needs, and programs such as Pink Peer mentors for newly diagnosed individuals, renewal retreats for those who have completed treatment, and wellness/educational workshops for all; and
WHEREAS, Thriving Pink has expanded outreach to underserved communities throughout Yolo County to meet increased needs with the vision that no one will go through breast cancer alone; and WHEREAS, Thriving Pink is grateful for the caring and compassionate Woodland community, whose support helps Thriving Pink continue to make a positive impact and difference in the lives of those diagnosed with this challenging and difficult disease; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Woodland does hereby proclaim October 2023 as National Breast Cancer Awareness Month and recognize the outstanding support that Thriving Pink provides to local breast cancer survivors in our community.

DATED: October 3, 2023
__________________________________________
Vicky Fernandez, Mayor
Tania Garcia-Cadena, Mayor Pro Tempore Mayra Vega, Council Member Rich Lansburgh, Council Member

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.4
SUBJECT: Fire Prevention Week 2023

Recommendation for Action: Staff recommends that the City Council adopt a Proclamation recognizing October 8, 2023 through October 15, 2023 as Fire Prevention Week in Woodland.

Staff Contact:

Eric Zane, Fire Chief, [email protected], 530-661-5861

Background:

Since 1922, the National Fire Protection Agency (NFPA) has sponsored the public observance of Fire Prevention Week. In 1925, President Calvin Coolidge proclaimed Fire Prevention Week a national observance, making it the longest-running public health observance in our country. During Fire Prevention Week, children, adults, and teachers learn how to stay safe in case of a fire.

Firefighters provide lifesaving public education in an effort to drastically decrease casualties caused by fires.

Fire Prevention Week is observed each year during the week of October 9th in commemoration of the Great Chicago Fire, which began on October 8, 1871, and caused devastating damage. This devastating fire killed more than 250 people, left 100,000 homeless, destroyed more than 17,400 structures, and burned more than 2,000 acres of land.

Discussion:

For 2023, Fire Prevention Week runs from October 8, 2023 through October 14, 2023. This year’s Fire Prevention Week campaign, “Cooking safety starts with YOU. Pay attention to fire prevention,” works to educate everyone about simple but important actions they can take to keep themselves and those around them safe when cooking. The Woodland Fire Department is dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education. The Woodland Fire Department Community Risk Reduction Division staff will be running a social media and outreach campaign regarding various cooking safety topics. Fire Prevention Week will end with a community open house at Woodland Fire Station #1, 101 Court Street, from 9:00 am until 12:00 pm on Saturday, October 14, 2023.

Conclusion:

Staff recommends that the City Council adopt a Proclamation recognizing October 8, 2023 through October 15, 2023 as Fire Prevention Week in Woodland.

Prepared by: Trista Kennedy, Community Risk Reduction Specialist

Reviewed by: Eric Zane, Fire Chief

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Attachments:

1. Proclamation - Fire Prevention Week 2023

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CITY OF WOODLAND PROCLAMATION OF FIRE PREVENTION WEEK 2023

WHEREAS, the City of Woodland is committed to ensuring the safety and security of all those living in and visiting our city; and

WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and

WHEREAS, home fires killed more than 2,800 people in the United States in 2021, according to the National Fire Protection Association® (NFPA®), and fire departments in the United States responded to 338,000 home fires; and

WHEREAS, cooking is the leading cause of home fires in the United States and fire departments responded to more than 166,400 annually between 2016 and 2020; and

WHEREAS, two of every five home fires start in the kitchen with 31% of these fires resulting from unattended cooking; and

WHEREAS, more than half of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves; and

WHEREAS, children under five face a higher risk of non-fire burns associated with cooking than being burned in a cooking fire; and

WHEREAS, Woodland residents should turn pot handles toward the back of the stove; always keep a lid nearby when cooking; keep a three -foot kid-free zone around the stove, oven, and other things that could get hot; watch what they heat; and set a timer to remind them that they a re cooking; and

WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and

WHEREAS, working smoke alarms cut the risk of dying in reported home fires almost in half; and

WHEREAS, The Woodland Fire Department is dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and

WHEREAS, Woodland residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and

WHEREAS, The 2023 Fire Prevention WeekTM theme, “Cooking safety starts with YOU. Pay attention to fire prevention TM,” effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires.

THEREFORE, be it resolved that the City Council of the City of Woodland does hereby proclaim October 8–14, 2023, as Fire Prevention Week, and urges all the people of Woodland to check their kitchens for fire hazards and use safe cooking practices during Fire Prevention Week 2023, and to support the many public safety activities and efforts of the Woodland Fire Department.

PASSED AND ADOPTED this 3rd day of October, 2023

___________________________________
Victoria Fernandez, Mayor

Tania Garcia-Cadena, Mayor Pro-Tem Rich Lansburgh, Council Member Tom Stallard, Council Member Mayra Vega, Council Member

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.5
SUBJECT: Community Enhancement Specialist Job Description

Recommendation for Action: Staff recommends that the City Council approve the job description for the new job classification of Community Enhancement Specialist (Range 46).

Staff Contact:

Sheila McShane, Human Resources Manager, (530) 661-5807, [email protected]

Fiscal Impact:

The position was authorized and funded in the fiscal year 2023/24 budget approved by Council. No additional fiscal impact from approving this item.

Discussion:

The fiscal year 2023/24 budget included implementation of a Community Enhancement Program, including creation of a Community Enhancement Specialist position. Various City departments currently respond to blight and neighborhood clean-up efforts as a secondary function of their responsibilities. Creation of this program will help to consolidate the blight abatement efforts throughout the City. The proposed Community Enhancement Specialist position will be the primary staff person responsible for coordinating and completing responses to issues such as litter, weed, debris and graffiti removal, biohazard abatement and cleaning of walkways, gutters, alleyways and some landscape areas. This position works in connection with the City's Homeless Outreach Street Team (HOST) and will oversee various contracts with vendors used by the City to complete major waste removal or clean up. The position will reside in the Police Department and work in cooperation with other City departments in the mission to keep the community clean and safe.

The proposed position will be a part of the Woodland City Employees' Association (WCEA) and is proposed to be paid at range 46 on the City's salary schedule.

Conclusion:

Staff recommends that the City Council approve the job description for the new job classification of Community Enhancement Specialist (Range 46).

Prepared by: Kim McKinney, Administrative Services Director

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Attachments:

1. Community Enhancement Specialist Oct 2023

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Community Enhancement Specialist
300 First St.

Woodland, CA 95695

COMMUNITY ENHANCEMENT SPECIALIST

DEFINITION
To perform a variety of semi-skilled and skilled tasks in the removal of blight from City property.

Positions allocated to this class are expected to perform skilled and complex maintenance including litter, weed, and debris removal duties and to work with third party contractors.

SUPERVISION RECEIVED AND EXERCISED
General supervision is provided by higher level personnel. Responsibilities may include providing functional and technical supervision to lower-level maintenance personnel and third-party contractors. Positions assigned to this class are expected to perform the most complex and highly skilled maintenance duties of the division assigned, including highly skilled heavy equipment operation under minimal supervision.

EXAMPLES OF DUTIES
The following are typical illustrations of duties encompassed by the job class, not an all-inclusive or limiting list:

ESSENTIAL JOB FUNCTIONS
•Work to complete required duties for the City’s Blight Abatement Team such as removal of graffiti, removal of abandoned camps, litter clean-up, power washing, removal and clean-up of bio-hazards and human waste, removal of fallen leaves and minor landscaping clean-up, as well as assist in the execution and implementation of special events that take place within the City limits.
•Work in cooperation with staff from other City departments. •Technicians will fulfill the tasks assigned to them with attention to detail, speed, and a customer service attitude.
•Be self-directed in completing tasks and determining the next priority of work. •Comply with policies and procedures of the Department Illness and Injury Prevention Program.
•Utilize proper safety precautions and set a positive example for others. •Perform related duties as assigned.
•Regular, predictable, consistent and timely attendance at City Hall or Police Department is an essential function of the position, in that the employee must be present at work to complete assigned tasks.

OTHER JOB FUNCTIONS
Provide general information to the public, other city departments, and vendors pertaining to area of assignment. Perform preventive maintenance and minor repairs on assigned equipment.

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The work environment is located primarily outside and consists of completing tasks involving litter, weed, debris, and graffiti removal, painting and biohazard abatement. Additional tasks include cleaning of walkways, street gutters, alleyways, landscape areas, and debris removal.

Conditions range from working outside in all types of weather conditions. Some work will involve hazardous and unsanitary conditions. Flexibility and patience are required. Must be self- motivated and able to complete job assignments without regular direct supervision. Must be able to work under stressful conditions.

Meet stand-by program requirements and serve in a stand-by status after regular working hours and respond to emergency call-outs. Assist in the preparation of cost estimates, scheduling of work, and employee evaluations. Requisition of materials and supplies for assigned facilities and projects. Instruct subordinates in proper work techniques, use of equipment and safety practices and requirements. Work cooperatively with others. Drive vehicles and equipment as required.

QUALIFICATIONS
Knowledge of:

Operational characteristics of heavy mechanical equipment used in the maintenance of streets, traffic signals, sidewalks, signs and markings, and storm drains. Methods, tools, and materials used in street, storm drains, water and sewer facilities maintenance and repair. Hazards associated with the assigned work and proper safety precautions including appropriate traffic control devices. Modern office procedures and computer equipment.

Skill to:

Demonstrate an ability to follow detailed maintenance routes and schedules as established by the Department. Assist maintenance team members with clean-up of homeless encampments.

Demonstrate ethical behavior. Thoroughly document all work activity through City-authorized software. Report any unsafe conditions or operational issues to a supervisor and follow OSHA procedures. Provide event and programming assistance as assigned. Maintain assigned uniforms, equipment, tools, shop area and maintenance offices in operable, safe and organized conditions. Repeatedly follow all safety protocols when cleaning and disposing of bio-hazards and other dangerous materials. Perform highly skilled maintenance and repair work in work assigned. Match paint colors after graffiti removal; repaint surfaces professionally. Operate a variety of vehicular and stationary heavy mechanical equipment in a safe and effective manner.

Act as lead worker for a small crew of maintenance personnel; assist in the training and supervision of others in the safe operation of equipment; oversee and monitor the work of others.

Understand and carry out both oral and written directions in an independent manner. Use and operate hand tools, mechanical equipment and power tools and equipment required for the work in a safe and efficient manner. Maintain written records and reports. Maintain vehicle, facilities and equipment security at all times. Respond in a timely manner to all maintenance service calls within the City limits. Work cooperatively with colleagues, program managers, and stakeholders.

Ability to:

Ability to operate commercial-grade pressure washing equipment and towing trailer. Ability to routinely communicate professionally with property and business owners. Learn and implement

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new and existing maintenance work procedures and practice. Operate and maintain machinery and equipment related to the maintenance, repair and alterations of public works operations.

Maintain and repair light power equipment. Perform heavy manual labor. Collect and enter data in an electronic format. Interpret and apply policies and procedures. Establish and maintain effective work relationships with those contacted in the performance of required duties.

Manual physical labor, with or without reasonable accommodation, lifting and moving materials equipment and supplies up to 75 lbs with assistance
Minimum Education and Experience
Education:

High School Diploma or equivalent.

Experience:

One year of experience performing duties comparable to those of a Maintenance Worker I.

License and Certificate:

Required upon hire, possession of valid Class B California Driver's License. Possession of a valid Class A California driver’s license with Tank and Air Brake Endorsement, Forklift Certification, First Aid and CPR certifications, is required prior to permanent appointment.

ADA COMPLIANCE
Physical Ability: Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Very Heavy Work: Exerting in excess of 100 pounds of force occasionally, and/or in excess of 50 pounds of force frequently, and/or in excess of 20 pounds of force constantly to move objects.

Other Requirements:

Sensory Requirements: Requires the ability to recognize and identify similarities and differences between shade, degree or value of shapes, sounds, forms, textures or physical appearance associated with objects and people.

Environmental Factors: May be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, oils, extreme temperatures, work space restrictions, intense noises, and environmental dangers.

COUNCIL ACTION: October 3, 2023

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.6
SUBJECT: SUBJECT: City Council Meeting Minutes of
September 5, 2023 and September 19, 2023

Recommendation for Action: Staff recommends that the City Council adopt the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of September 5, 2023 and September 19, 2023.

Staff Contact:

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

Attachments:

1. 09.05.23 Minutes_DRAFT

2. 09.19.23 Minutes_DRAFT

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City of Woodland

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City of Woodland
City Hall
Council Chambers
300 First Street
Woodland, CA 95695

Regular Meeting Minutes

Tuesday, September 5, 2023

6:00 PM

City Council

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City of Woodland

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CITY COUNCIL

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

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

B. ROLL CALL

All Council Members present.

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

Absent: None

C. PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by League of Women Voters President Karen Urbano.

D. LAND ACKNOWLEDGEMENT
Land Acknowledgement led by Mayor Vicky Fernandez.

E. COMMUNICATIONS - PUBLIC COMMENT

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

1. SUBJECT: General Public Comments

Emails received from Henry Jackson regarding corruption and lack of assistance by Police Dept.; and Debra Roe regarding the intersection of E. Main and East Street.

F. COMMUNICATIONS - COUNCIL/STAFF STATEMENTS AND REQUESTS

Verbal updates provided by Council Members/Staff.

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City of Woodland

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2. SUBJECT: Long Range Calendar

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

G. CONSENT CALENDAR

3. SUBJECT: Proclamation Honoring Gary Sandy

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt a proclamation honoring a Life of Service for Gary Sandy.

This item was voted on separately. On a motion by Mayor Vicky Fernandez, seconded by Council Member Lansburgh and carried unanimously on a 5-0 vote, Council Members adopted a proclamation honoring a Life of Service for Gary Sandy.

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

4. SUBJECT: City Council Meeting Minutes of August 15, 2023

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of August 15, 2023.

Adopted the minutes of the Joint Regular City Council/Woodland Finance Authority Meeting of August 15, 2023.

5. SUBJECT: Fire Mid-Management Association Memorandum of Understanding

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, implementing a three (3) year agreement (July 1, 2023 through June 30, 2026) with the Woodland Fire Mid-Management Association.

Adopted RESOLUTION NO. 8140, MEMORANDUM OF UNDERSTANDING CONCERNING FIRE MID-MANAGEMEMENT UNIT EMPLOYEES OF THE CITY OF WOODLAND.

6. SUBJECT: Beeghly Ranch Lot D and Lot G (Tim Lewis Revival) Development Agreement Amendment

RECOMMENDATION FOR ACTION: Staff recommends that the City Council conduct a second reading and adopt Ordinance No. 1706, approving the First Amendment to the project Development Agreement #20-02 between TL REVIVAL, L.P., (Tim Lewis Communities) and the City of Woodland.

This item was voted on separately. On a motion by Council Member Stallard, seconded by Council Member Vega and carried on a 4-1 vote, Council Members adopted ORDINANCE NO. 1706, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WOODLAND APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 20-02 BETWEEN THE CITY OF WOODLAND AND TL PARTNERS X, LP (TL REVIVAL, L.P.) FOR THE BEEGHLY RANCH (REVIVAL) PROJECT IN THE SPRING LAKE AREA FOR TENTATIVE SUBDIVISION MAP NOS. 5196 (LOT D) 5197 (LOT G).

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

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City of Woodland

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7. SUBJECT: Sewer Collection System Wastewater Treatment Master Plan, CIP 14-07; Approve Contract Amendment 3 with Brown and Caldwell for Professional Engineering Services to Prepare the Water Pollution Control Facility Master Plan

RECOMMENDATION FOR ACTION: Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager to execute the consultant services agreement amendment 3 with Brown and Caldwell for preparation of the Water Pollution Control Facility Master Plan for an amount up to $55,209 for CIP 14-07, Sewer/Wastewater Treatment Master Plan.

Adopted RESOLUTION NO. 8141, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND
APPROVING CONTRACT AMENDMENT 3 WITH BROWN AND CALDWELL TO THE

PROFESSIONAL ENGINEERING SERVICES CONTRACT TO PREPARE THE WATER POLLUTION CONTROL FACILITY MASTER PLAN, CIP #14-07.

8. SUBJECT: Yolo Bypass West Levee Culvert Replacement Project, CIP 20-06; Approve Contract Amendment No. 1 with Environmental Science Associates for Environmental and Permitting Services.

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute Amendment No. 1 to the professional services agreement with Environmental Science Associates (ESA) for the Yolo Bypass West Levee Culvert Replacement Project, also known as the Storm Drainage Outfall Channel Culvert Structure Project, CIP 20-06 for an additional amount up to $76,935.

Adopted RESOLUTION NO. 8142, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING CONTRACT AMENDMENT 3 WITH BROWN AND

CALDWELL TO THE PROFESSIONAL ENGINEERING SERVICES CONTRACT

CONTRACT TO PREPARE THE WATER POLLUTION CONTROL FACILITY MASTER PLAN, CIP #14-07.

9. SUBJECT: 2021 Homeland Security Grant Award Appropriation

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to appropriate $43,367 to Fund 330 (Other Federal Grants) for the purchase of the awarded equipment.

Adopted RESOLUTION NO. 8143, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND AUTHORIZING THE APPROPRIATION OF $43,367 TO FUND 330 FOR THE PURCHASE OF A TETHERED DRONE AS AWARDED UNDER THE 2021 HOMELAND SECRUITY GRANT PROGRAM.

10. SUBJECT: FY24 OTS STEP Grant Award Acceptance

RECOMMENDATION FOR ACTION: Staff recommends that the City Council approve Resolution No. _____, (1) authorizing the Police Chief to accept the FY24 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant in the amount of $69,300 and (2) authorizing the City Manager to appropriate $69,300 in the OTS STEP Grant program budget in State Grants Fund 1325.

Adopted RESOLUTION NO. 8144, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND (1) AUTHORIZING THE POLICE CHIEF TO ACCEPT THE FY24 OFFICE

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OF TRAFIC SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) IN THE AMOUNT OF $69,300, AND (2) AUTHORIZING THE CITY MANAGER TO APPROPRIATE $69,300 IN THE OTS STEP GRANT PROGRAM BUDGET IN STATE GRANTS FUND 1325.

11. SUBJECT: FY24 OTS Traffic Records Improvement Project Grant Award Acceptance

RECOMMENDATION FOR ACTION: Staff recommends that the City Council approve Resolution No. _____, (1) authorizing the Police Chief to accept the FY24 Office of Traffic Safety (OTS) Traffic Records Improvement Project (TRIP) Grant in the amount of $24,800 and (2) authorizing the City Manager to appropriate $24,800 in the OTS TRIP Grant program budget in State Grant Fund 1325.

Adopted RESOLUTION NO. 8145, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND (1) AUTHORIZING THE POLICE CHIEF TO ACCEPT THE FY24 OFFICE

OF TRAFIC SAFETY OTS) TRAFFIC RECORDS IMPROVEMENT PROJECT (TRIP) GRANT IN THE AMOUNT OF $24,800 AND (2) AUTHORIZING THE CITY MANAGER TO APPROPRIATE $24,800 IN THE OTS TRIP PROGRAM BUDGET IN STATE GRANTS FUND 1325.

12. SUBJECT: Purchase of 3rd K-9 using Opioid Grant Funds

RECOMMENDATION FOR ACTION: Staff recommends that the City Council approve Resolution No. _____, (1) authorizing the Police Chief to purchase a third canine using the opioid settlement funds
and (2) authorizing the City Manager to appropriate $27,155 in one-time funds and $7,585 in recurring funds in Opioid Funds 1334.

Adopted RESOLUTION NO. 8146, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND (1) AUTHORIZING THE POLICE CHIEF TO PURCHASE A THIRD CANINE USING THE OPIOID SETTLEMENT FUNDS AND (2) AUTHORIZING THE CITY MANAGER TO APPROPRIATE $27,155 IN ONE-TIME FUNDS AND $7,585 IN RECURRING FUNDS IN OPIOID FUND 1334.

On a motion by Mayor Pro Tem Garcia-Cadena, seconded by Council Member Lansburgh and carried unanimously on a 5-0 vote, Council Members adopted Consent Calendar Items No. 4, 5 and 7 through 12.

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

H. PUBLIC HEARINGS

13. SUBJECT: Woodland Research and Technology Park Specific Plan

RECOMMENDATION FOR ACTION: Staff recommends that the City Council hold a Public Hearing and take the following actions associated with the Woodland Research and Technology Park Specific Plan:

1. Adopt Resolution No._______ Certifying an Environmental Impact Report and Adopting CEQA Findings, Facts, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Woodland Research and Technology Park Specific Plan project.

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2. Adopt Resolution No._______ Amending the City of Woodland 2035 General Plan to Ensure Consistency with the Woodland Research and Technology Park Specific Plan.

3. Adopt Resolution No._______ Adopting the Woodland Research and Technology Park Specific Plan.

4. Waive the First Reading and Introduce Ordinance No.______ Establishing Zoning Designations (Prezoning) for the Woodland Research and Technology Park Specific Plan project, adding Chapter

17.04.070, Woodland Research and Technology Park Specific Plan, to the City of Woodland Municipal Code, TItle 17, and Amending the City of Woodland Zoning Map to indicate thereon the zoning applicable to the Woodland Research and Technology Park Specific Plan.

5. Adopt Resolution No.______ Initiating Annexation of Approximately 350 acres into the City of Woodland.

6. Adopt Resolution No.______ Approving the Woodland Research and Technology Park Specific Plan Capital Improvement Program, Public Infrastructure Financing Plan and Nexus Study, and RTIF Fee

7. Waive the First Reading and Introduce Ordinance No.______ Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Anne-Elizabeth Beeman and Bullseye Land Company, LLC.

8. Waive the First Reading and Introduce Ordinance No.______ Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Costalotta Partners, LLC

9. Waive the First Reading and Introduce Ordinance No.______ Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Sewmawpaw Woodland LLC

10. Waive the First Reading and Introduce Ordinance No.______ Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Spencer Revocable Living Trust

11. Waive the First Reading and Introduce Ordinance No.______ Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Thomas C. Heaton and Olga Chengaeva

On a motion by Council Member Vega, seconded by Council Member Stallard and carried unanimously on a 5-0 vote, Council Members adopted:

RESOLUTION NO. 8147, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WOODLAND CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AND ADOPTING

CEQA FINDINGS, FACTS, STATEMENT OF OVERRIDING CONSIDERATIONS AND A

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE WOODLAND

RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN PROJECT, AND APPROVING THE PROJECT - APN: 041-080-022; 041-020-010, -017, -030, -031, -042, -043;

RESOLUTION NO. 8148, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WOODLAND AMENDING THE GENERAL PLAN FOR THE WOODLAND RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN PROJECT - APN: 041-080-022; 041-020-010, -017, -030, -031, -042, -043;

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RESOLUTION NO. 8149, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WOODLAND ADOPTING THE WOODLAND RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN - APN: 041-080-022; 041-020-010, -017, -030, -031, -042, -043;

Waived the First Reading and Introduced an Ordinance Establishing Zoning Designations (Prezoning) for the Woodland Research and Technology Park Specific Plan project, adding Chapter 17.04.070, Woodland Research and Technology Park Specific Plan, to the City of Woodland Municipal Code, TItle 17, and Amending the City of Woodland Zoning Map to indicate thereon the zoning applicable to the Woodland Research and Technology Park Specific Plan;

RESOLUTION NO. 8150, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WOODLAND REQUESTING THE YOLO LOCAL AGENCY FORMATION COMMISSION

PROCESS AN ANNEXATION APPLICATION FOR THE WOODLAND RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN PURSUANT to the CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO FILE AN ANNEXATION APPLICATION WITH THE YOLO LOCAL AGENCY FORMATION COMMISSION - APN: 041-080-022; 041-020-010, - 017, -030, -031, -042, -043;

RESOLUTION NO. 8151, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WOODLAND APPROVING AND ADOPTING THE WOODLAND RESEARCH AND

TECHNOLOGY PARK CAPITAL IMPROVEMENT PROGRAM, PUBLIC FACILITIES

FINANCING PLAN, DEVELOPMENT IMPACT FEE NEXUS STUDY, AND RESEARCH AND

TECHNOLOGY INFRASTRUCTURE FEE FOR THE WOODLAND RESEARCH AND

TECHNOLOGY PARK SPECIFIC PLAN PROJECT
APN: 041-080-022; 041-020-010, -017, -030, -031, -042, -043;

Waived the First Reading and Introduced an Ordinance Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Anne-Elizabeth Beeman and Bullseye Land Company, LLC;

Waived the First Reading and Introduced an Ordinance Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Costalotta Partners, LLC;

Waived the First Reading and Introduced an Ordinance Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Sewmawpaw Woodland LLC;

Waived the First Reading and Introduced an Ordinance Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Spencer Revocable Living Trust;

Waived the First Reading and Introduced an Ordinance Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Thomas C. Heaton and Olga Chengaeva.

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

I. REPORTS OF THE CITY MANAGER

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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.

On a motion by Council Member Stallard, seconded by Rich Lansburgh and carried unanimously on a 5-0 vote, Council Members introduced and waived 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.

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

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.

On a motion by Mayor Pro Tem Garcia-Cadena, seconded by Council Member Vega and carried unanimously on a 5-0 vote, Council Members adopted 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.

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

J. ADJOURN

Meeting adjourned at 8:10 PM in memory of County Supervisor Gary Sandy.

Respectfully submitted,

Ana B. Gonzalez, City Clerk

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City of Woodland
City Hall
Council Chambers
300 First Street
Woodland, CA 95695

Regular Meeting Minutes

Tuesday, September 19, 2023

6:00 PM

City Council

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CITY COUNCIL

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

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

B. ROLL CALL

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

Absent: Member Lansburgh

C. PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by the Woodland Fire Department.

D. LAND ACKNOWLEDGEMENT
Land Acknowledgement read by Mayor Vicky Fernandez.

E. COMMUNICATIONS - PUBLIC COMMENT

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

None.

1. SUBJECT: General Public Comments

Emails received from Richard Torres regarding homelessness in Woodland and Christy Correa regarding an invitation to Nami Walks Yolo County on Sunday, October 8, 2023, 9:00AM at Woodland Community Center.

F. COMMUNICATIONS - COUNCIL/STAFF STATEMENTS AND REQUESTS

Verbal updates provided by Council Members/Staff.

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2. SUBJECT: Long Range Calendar

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

Received the Long Range Calendar for informational purposes only.

G. PRESENTATIONS

3. SUBJECT: Sister City Visit: La Piedad de Michoacan, Mexico

RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive a presentation from members of the planning committee for the upcoming delegation visit from Sister City of La Piedad de Michoacan, Mexico.

Received a presentation from members of the planning committee for the upcoming delegation visit from Sister City of La Piedad de Michoacan, Mexico.

H. CONSENT CALENDAR

4. SUBJECT: National Hispanic Heritage Month

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt a Proclamation recognizing September 15, 2023 through October 15, 2023 as National Hispanic Heritage Month in Woodland
Adopted a Proclamation recognizing September 15, 2023 through October 15, 2023 as National Hispanic Heritage Month in Woodland.

5. SUBJECT: National Diaper Need Awareness Week Proclamation

RECOMMENDATION FOR ACTION: Staff recommends that the City Council proclaim September 18 - 24, 2023 as National Diaper Need Awareness Week.

Proclaimed September 18 - 24, 2023 as National Diaper Need Awareness Week.

6. SUBJECT: Public Works Quarterly Report

RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive a presentation and accept the Public Works Quarterly Status Report for the period of June 2023 through August 2023.

Received a presentation and accept the Public Works Quarterly Status Report for the period of June 2023 through August 2023.

7. SUBJECT: Carry-Over from FY2022/23 to FY2023/24 Unencumbered Appropriations

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the carry-over of unencumbered appropriations from fiscal year 2022/23 to fiscal year 2023/24, totaling $5,072,669.

Adopted RESOLUTION NO. 8152, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING AMENDMENTS TO THE FISCAL YEAR 2023-2024 ANNUAL BUDGET.

8. SUBJECT: Woodland Research and Technology Park Specific Plan - Second Reading for Prezoning and Development Agreements

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RECOMMENDATION FOR ACTION: Staff recommends that the City Council conduct a second reading and adopt the following ordinances:

1. Ordinance No. 1707, Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Anne- Elizabeth Beeman and Bullseye Land Company, LLC.

2. Ordinance No. 1708, Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Costalotta Partners, LLC.

3. Ordinance No. 1709, Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Thomas C. Heaton and Olga Chengaeva.

4. Ordinance No. 1710, Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Sewmawpaw Woodland, LLC.

5. Ordinance No. 1711, Approving the Woodland Research and Technology Park Development Agreement by and between the City of Woodland and Spencer Revocable Living Trust.

6. Ordinance No. 1712, Establishing Zoning Designations (Prezoning) for the Woodland Research and Technology Park Specific Plan, adding Chpater

17.04.070, Woodland Research and Technology Park Specific Plan, to the City of Woodland Municial Code, Title 17, and Amending the City of Woodland Zoning Map to indicate thereon the zoning applicable to the Woodland Research and Technology Park Specific Plan.

Adopted ORDINANCE NO. 1707, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF WOODLAND APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF WOODLAND AND ANNE-ELIZABETH BEEMAN AND BULLSEYE LAND COMPANY, LLC, FOR the WOODLAND RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN PROJECT - APN: 041-020-042; ORDINANCE NO. 1708, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WOODLAND APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF WOODLAND AND COSTALOTTA PARTNERS, LLC, FOR the WOODLAND RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN PROJECT - APN: 041-020-043 and 041-080-022; ORDINANCE No. 1709,

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING

AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF WOODLAND AND THOMAS HEATON AND OLGA CHENGAEVA FOR the WOODLAND RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN PROJECT - APN: 041-020-030 AND 041-020-031; ORDINANCE No. 1710, AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF WOODLAND APPROVING AND AUTHORIZING

EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WOODLAND AND SEWMAWPAW WOODLAND LLC FOR the WOODLAND RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN PROJECT - APN: 041-020-017; ORDINANCE No. 1711, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WOODLAND APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF WOODLAND AND SPENCER

REVOCABLE LIVING TRUST FOR THE WOODLAND RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN PROJECT - APN: 041-020-010; and ORDINANCE No. 1712, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODLAND ADOPTING

PREZONING FOR THE WOODLAND RESEARCH AND TECHNOLOGY PARK SPECIFIC PLAN PROJECT - APN: 041-080-022; 041-020-010, -017, -030, -031, -042, -043.

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9. SUBJECT: Receive Fiscal Year 2023 Report on Affordable Housing Loan Portfolio and Status of City Affordable Housing Funds

RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive and file the Fiscal Year 2023 report on the City’s affordable housing loan portfolio and use of affordable housing funds.

Received and filed the Fiscal Year 2023 report on the City’s affordable housing loan portfolio and use of affordable housing funds.

10. SUBJECT: Staybridge Suites Offsite Improvement Project, Contract Amendment

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, to approve a consultant services amendment for construction management and inspection services with Associated Engineering Consultants, Inc. in the amount of $110,597.91 for a total agreement amount of $151,587.91 and authorize the City Manager to execute the amendment.

Adopted RESOLUTION NO. 8153, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND, APPROVING AN AMENDMENT TO THE AGREEMENT FOR

PROFESSIONAL SERVICES FOR CONSTRUCTION MANAGAMENT AND INSPECTION OF THE STAYBRIDGE SUITES OFFSITE IMPROVEMENT PROJECT.

11. SUBJECT: Resolution Accepting the Public Improvements for Subdivision Final Map 5155 Parkside Phase 3.

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, a Resolution of the City Council of the City of Woodland Accepting the Public Improvements for Subdivision Final Map 5155 Parkside Phase 3.

Adopted RESOLUTION NO. 8154, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WOODLAND ACCEPTING THE PUBLIC IMPROVEMENTS FOR SUBDIVISION FINAL MAP 5155 BY CALATLANTIC GROUP, INC.

12. SUBJECT: East Main Street Improvement Project, CIP 13-05; Final Acceptance and Notice of Completion

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, accepting the E. Main Street Improvement Project, CIP 13-05 construction contract as complete and authorize the City Clerk to file a Notice of Completion.

Adopted RESOLUTION NO. 8155, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, ACCEPT THE E. MAIN STREET IMPROVEMENT PROJECT, CIP 13-05

CONSTRUCTION CONTRACT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION.

13. SUBJECT: Approve Amendment #1 to Agreement with the Ferguson Group for Federal Representation and Advocacy Services for Flood Mitigation and Transportation

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, to: (1) Approve the reallocation of $12,000 of Measure F Funds from Measure E/F Planning - Management project, CIP 06-06, to the I- 5/SR113 Freeway to Freeway Project, CIP 24-06. (2) Authorize amendment #1

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to extend the Ferguson Group agreement for an additional 12 months for an amount not to exceed $72,000.

Adopted RESOLUTION NO. 8156, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING CONTRACT AMENDMENT #1 WITH THE FERGUSON

GROUP FOR FEDERAL REPRESENTATION AND ADVOCACY SERVICES FOR FLOOD MITIGATION AND TRANSPORTATION.

14. SUBJECT: Waste Management Performance Review Budget Appropriation

RECOMMENDATION FOR ACTION: Staff recommends that the City Council adopt Resolution No. _____, authorizing the appropriation of $65,000 to the Recycling Fund (2250) for the Performance Review of Waste Management.

Adopted RESOLUTION NO. 8157, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING AN INCREASE TO THE FISCAL YEAR 2023/24

RECYCLING FUND BUDGET FOR A PERFORMANCE REVIEW OF WASTE MANAGEMENT SERVICES.

On a motion by Council Member Stallard, seconded by Council Member Vega and carried on a 4-0 vote, Council Members approved Consent Calendar items No. 4 through 14.

AYES: Members Garcia-Cadena, Stallard, Vega and Mayor Vicky Fernandez NOES: Member Lansburgh

I. PUBLIC HEARINGS

15. SUBJECT: Public Hearing and Approval of Fiscal Year 2022/23 Community Development Block Grant Consolidated Annual Performance and Evaluation Report

RECOMMENDATION FOR ACTION: Staff recommends that the City Council take the following actions:

1. Hold a public hearing to receive community input on the Fiscal Year (FY) 2022/23 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER); and

2. Adopt Resolution No. _____, approving the FY 2022/23 CDBG CAPER in substantially the same form presented to Council and incorporating public comments received at the public hearing; and

3. Authorize the City Manager or designee to finalize and submit the CAPER to the U.S. Department of Housing and Urban Development after the conclusion of the 15-day public comment period.

On a motion by Mayor Pro Tem Garcia-Cadena, seconded by Council Member Stallrd and carried on a 4-0 vote, Council Members adopted RESOLUTION NO. 8158,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING THE FISCAL YEAR 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT.

AYES: Members Garcia-Cadena, Stallard, Vega and Mayor Vicky Fernandez NOES: Member Lansburgh

On a motion by Mayor Pro Tem Garcia-Cadena, seconded by Mayor Vicky Fernandez

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and carried on a 4-0 vote, Council Members authorized the City Manager or designee to finalize and submit the CAPER to the U.S. Department of Housing and Urban Development after the conclusion of the 15-day public comment period.

AYES: Members Garcia-Cadena, Stallard, Vega and Mayor Vicky Fernandez NOES: Member Lansburgh

J. REPORTS OF THE CITY MANAGER

16. SUBJECT: Comprehensive Zoning Code Public Release

RECOMMENDATION FOR ACTION: Staff recommends that the City Council receive a presentation on the Public Review Draft of the Comprehensive Zoning Code and an outline of the public review process.

Received a presentation on the Public Review Draft of the Comprehensive Zoning Code and an outline of the public review process.

AYES: Members Garcia-Cadena, Stallard, Vega and Mayor Vicky Fernandez NOES: Member Lansburgh

K. ADJOURN

Meeting adjourned at 8:20 PM.

Respectfully submitted,

Ana B. Gonzalez, City Clerk

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.7
SUBJECT: Sustainability Advisory Committee Minutes from July and August 2023

Recommendation for Action: Staff recommends that the City Council receive minutes from the Sustainability Advisory Committee's July and August meetings.

Staff Contact:

Spencer Bowen | (530) 661-5808, [email protected]

Discussion:

Please find the Committee's recent minutes attached. Highlights from the meetings include:
• Continued discussion of next steps stemming from Berkeley graduate student analysis • A recommendation to perform an updated greenhouse gas (GHG) inventory

Conclusion:

Staff recommends that the City Council receive minutes from the Sustainability Advisory Committee's July and August meetings.

Attachments:

1. Approved SAC Meeting Minutes July 19 2023

2. Approved SAC Meeting Minutes August 16 2023

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Sustainability Advisory Committee
Meeting Minutes
July 19, 2023
A. CALL TO ORDER
Meeting called to order at 6:06 PM.

B. ROLL CALL
•Present: Serena, Muñoz, Green, Grandia, Bellows, Peterson, Ullrey (7) •Absent: Whitaker, Aulman, Frankenbach (3)
•Staff: Spencer Bowen
C. PUBLIC COMMENTS
D. MEMBER REPORTS
Liza: By day, a professor at UC Davis founder of Woodland Coalition for Green Schools. Passionate about environment health and helping people avoid toxins in their everyday. Cancer and covid survivor.

Jennifer: Has lived in Woodland for the last 16 years, works for Bayer Crop Sciences. She focuses on conservation and plant genetic resources related to the plants and public policy. Recently, has had focus on quality and compliance.

Catalina: Long-term resident of Woodland. Has been serving for the last 4 years and works for a state agency in Sacramento.

Adelita: Has been living in Woodland for over 20 years. Passionate about climate and serves as commissioner on Yolo County Climate Action Commission, staffer for the Sierra Club, and teacher of local Aztec dance group.

Richard: Has PHD in chemical engineering from Berkeley. Has done previous research on CO2 admissions in the 1970s and has taken classes on fermentation and agricultural processes. Has been here 18 years and recipient of Woodland Community Service Award in 2016. Spent several years doing Meals on Wheels work. Worked in corporate research for Exxon.

Richard P.: Lived in Woodland for 3 years from Denver. Taught at private liberal arts college in Iowa as a sociology professor. Was on planning commission there for 25 years and also in planning commission in Colorado.

Robert: Beginning second term on Committee. Been in Woodland off and on his whole life. His family has a long history of being in Northern California. Works for state doing policy work and active in sustainability actions as well as DEI measures. Heavy Admission Truck Status: doing well on buses and getting ready to get school buses out. Climate Change Regional Workshop: First one as state is working towards educational program.

Adelita: Launching public input survey on Friday (shared to Spencer). It will be open until end of September. Want to hear from everyone in the county regarding climate impacts and the community perspective. The survey was drafted by staff and input of commissioners, driven and guided by feedback and Dudek Consultants. Directed towards EVERYONE in the county. Questionnaire style about how individuals are being impacted (financially, emotionally, etc.) The county wants to better design a

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County-wide CAP. Questions regarding households, children, food security, etc. General survey and opportunities for more detail.

E. STAFF REPORTS
Spencer: Oversees environmental measures with the City. Regarding meetings, these tend not to go past 7:30, but sometimes they go shorter. Management: missing three members this evening. This committee is now a ten-member committee and the quorum is now 6. Email rules: cannot be coordinating on policies and decisions without minimum of quorum, best practice to send information to Spencer and Spencer can send it out to the entire committee. This is best for public records. Subcommittees allowed to coordinate, below 4 people. Council finally sent letter of support for SB 511. This would allow cities to request California Air Resources Board to perform greenhouse gas emission portfolios for local governments upon request. This would not happen immediately, but would be a huge resource for us. Finally, going over the remaining meeting calendar. Spencer will not be able to make the August 16 date. The third Wednesday of the month is the adopted schedule. It is mentioned in the agenda, but just wanted members to be aware of the schedule. Separately, scopes can be sent out of the subcommittees. The outreach committee currently has 3 people. If there are more than 4, then it is considered a Brown Act Meeting (not entirely sure). Potentially, a link could be sent out with information on being a Brown Act Committee. The minutes are sent to city council so they can read them up.

F. BUSINESS ITEMS

1. SUBJECT: Sustainability Advisory Committee minutes
RECOMMENDATION FOR ACTION: Staff recommends that the Sustainability Advisory Committee Approve its meeting minutes from June 21, 2023 with corrections.

Moved by Ullrey, Muñoz seconds (with minor corrections) 6-0-1 vote, Bellows abstains

2. SUBJECT: Woodland’s Climate Action Plan (CAP) – Continued Discussion RECOMMENDATION FOR ACTION: Staff recommends that the Sustainability Advisory Committee Approve its meeting minutes from June 21, 2023 with corrections.

In May, students did a presentation to City Council. They have been looking at it to observe if there are new issues or flags. Previous meetings had discussed biking.

Two things stood out
a) Continued or more outreach
b) New CAP assessment/inventory
a. Many of the things in the plan were done in 2016 or earlier. Political landscape has changed since then. Many of the things in the plan have changed as well. Also has to recognize county activities.

Open discussion topics:

The Communications component is also important. When attempting to influence behavior change, such as biking and so forth, communication is critical for that to happen, specifically messaging. Very clear messaging around changes the City makes that residents can potentially adopt.

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Part of the charter of the committee is to be ambassadors and bring opinions like stakeholder input.

Therefore, when it is sent to City Council, they are aware there has been community discussion. Whether or not new task forces or outreach are necessary,
A dedicated landing page would also be impactful. As well as other nonprofits and organizations in the areas’ actions. It can serve as a connector for other communities in the area as well as providing information. Ken mentioned that it could be done in terms of “Food Front.” The Committee cannot endorse organizations, but provide resources. As well as, other organizations providing that information.

There can be criteria for how organizations can join on. A landing page and dashboard has been previously discussed. This can help residents see the status/updates of certain community projects.

On the Goldman Report, One of the first recommendations was accountability. There was a consistent amount of emission reduction in 2005 and 2016 with transportation. Who would know the source of that data and how would they determine it? There is also discussion about tracking energy usage in the industrial sector. The data seems hard to attain. There is a state law that can’t track individual businesses.

It seems hard to be accountable. Is there a possibility of aggregating several businesses in the sector and getting a report that way?
The transportation data reports are 11 years apart and done by different consultants therefore they might have used different methodology. It’s hard to identify Woodland’s individual transportation data.

The CAP data does not account for commuters in or ag traffic going through, it is very vague if it is capturing data from I-5. This has always been a problem and one of the reasons it has been hard to make a dashboard. If we are paying a consultant though, they will be able to figure it out.

Spencer: The idea with SB 511 would be to have the same consultant gather the data and make it more comparable.

For the commercial side of things, is that part of the community outreach scope? Could we try partnering with organizations to see if they can generate the data? It is on a lot of organizations’ radars to be sustainable so they may be interested. The “big guys” are more active in looking for the data since they have more pressure. However, smaller restaurants and businesses also need to be considered. There is a two-fold on that. As a committee, we have been bringing in the voices of smaller companies.

UC Davis does an exhaustive transportation survey and we could utilize the data of people going from Woodland to Davis. There are creative ways of piecing together the available data.

Spencer: The American Community Survey also does them through the Census. SACOG does one as well.

Discussion that data is very dated. I do not get a sense of urgency out of this. I think it’s an urgent issue, but it does not come across as an urgent issue. Some of their findings versus what the CAP says versus other sources seems to not be taken seriously. I was not aware of the urgency of climate change until I moved to California.

Emergency events: That is exactly why 1) how are we communicating response and 2) is that our role? I think adaptation requires alternative plans and more in-depth studies. We need to have more channels to communicate for responses. Robert clarified a few things and maybe that comes from the state. But does that mean we can’t develop a way here a strategy to communicate a response as well at a different level than the state?

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Spencer: Public agencies are very prepared. It is done by county and we practice different disasters all the time.

If we are looking at our CAP plan, it would be helpful to get an update on the areas we do not know as much about. Like I said last month, what I would like us to do because of the lack of urgency, I think it does open the opportunity for us to have a conversation here and with the city council. My recommendation is to re-assess what we have and make steps on what we want to do next. Such as a new CAP assessment or doing more outreach and communication or funding for a PT on the city side. It does show us some of the shadow areas that we don’t know about as much anymore. Planning is trying to hold development to the old CAP plan, so I think it is time for us to update it since the landscape of it has changed a lot. I think this is one of our top priorities.

After that CAP plan was done, they set up the early version of the SAC. Ultimately, they decided to make it a standing committee. It is part of work to do is to help set the priorities. We are the ones that help prioritize some of these things and then we get feedback on the city to see where they are at.

Part of those priorities need to emerge from the citizens. We got a strong sense of that from last summer, but this report is bland. The last report was strong with lots of ideas.

CAP outlines categories and goals and in theory is shaping policy. Housing developments have to adhere to this or else they are more liable.

SB 1383 not in the CAP at all
Looking at the next meeting it looks like we’ve been discussing the Goldman Report for the last couple meetings. Should we put something on the agenda in regards to a recommendation? Yes, I was going to recommend today based on us having a few directions we want to go in from the report. Outreach communications, GHG portfolio/CAP re-d0. Especially with outreach and communication, where we let the task force come up with a recommendation for the committee based on what we know. I don’t know if we need to have a task force for GHG, but if people want to work towards a better recommendation for the committee to vote next month. We can meet as a small group and see what we want to do and how quickly we want it.

The City Council did adopt the Climate Safe California Rapid Decarbonization Platform. They did not want to do it at first and it really does not mean they have to do anything; it just means they align with the platform. I think maybe we could send that out to the new members. It says they will consider a fazing out of fossil fuels. They should read it because we supported it and got the city to vote and adopt that. We can refer back to it to remind them to align and go in the direction of the platform.

Once a year, Council revisits the priority goals and re-arrange. Sustainability is included on this. They did consider what the SAC had to say about it upon the receival of the Berkeley report. It is top of mind. I can send them out as well
We can come back in August and come up with a report so that in September, we can move something to city council. If we wait until next month, we will be waiting until October or November to get something to City Council. Does outreach think they can do something as jumping off to see what to see to do for growth or special AD-HOC?
Some of the history of what we have done and our direction, we have organized a community info session. We are able to assess and gather data. Basically, that data can guide what we took to the City Council. So, we have been hearing from folks that attended that and we think it would make sense to do a

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follow-up while also encouraging new residents to join. We want to generate a larger list-serve to do outreach to assess and provide feedback. We want to assess how people are acclimating to climate changes and their experiences. There are several things that will lead up to that. We really need to start becoming more visible so we can affect change and be inclusive with whatever is happening.

Perhaps Coastal Cleanup?
Next steps:
•The outreach committee will tackle “engagement” and come back in August with some recommendations.
•Ullrey willing to do something as a recommendation for looking at CAP and GHG portfolio and people can let me know if they want to work on that as well. •In August, we can work on putting together recommendation for City Council.

G. WORK GROUP UPDATES
No work group updates.

Meeting adjourned at 7:45 PM.

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Sustainability Advisory Committee
Meeting Minutes
August 16, 2023
A. CALL TO ORDER
Meeting called to order at 6:06 PM.

B. ROLL CALL
•Present: Aulman, Muñoz, Frankenbach, Green, Peterson, Serena, Ullrey, Bellows* (8)
•Absent: Whitaker, Grandia (2)
•Staff: Portier
*arrived at 6:30 PM
C. PUBLIC COMMENTS
D. MEMBER REPORTS
Aulman: County is proceeding with its Climate Action & Adaptation Plan, Yolo County Climate Action Commission will look at initial reports in fall, pending greenhouse inventory for the county, county’s goal is to be carbon negative by 2030.

Frankenbach: Green schoolyard grant got through the first round, working with the Texas tree foundation as there has been a lot of success in Texas with these programs, going to get 2 interns from Sacramento Valley College Corps to develop plans for tree planting and outdoor classroom infrastructure, possibility of $2M per campus for 5 campuses in Woodland.

Serena: County launched community input survey, open for all county residents, encourages everyone to take it and share, closes on September 22nd.

Ullrey: Legislature is back in session at the Capitol this week, softer year for sustainability bills since there were so many last year, the State of California signed a memorandum of understanding with Australia, still working on a joint meeting with the Planning Commission with Spencer.

E. STAFF REPORTS
Portier: Woodland Research and Technology Park Specific Plan Area goes to the planning commission for approval on 8/17, then moves to the City Council for approval on 9/5 and a second reading on 9/19, staff is working on cost estimates for the committee’s ARP funding recommendation to improve infrastructure on Court Street for bike safety.

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F. MINUTES
•RECOMMENDATION FOR ACTION: Staff recommends that the Sustainability Advisory Committee approve its July 19, 2023 minutes.

Ullrey moves, Muñoz seconds (with minor note from Aulman to correct county consultant’s name to “Dudek”)
5-0-2 vote, Aulman & Frankenbach abstain, Bellows absent G. BUSINESS ITEMS
•RECOMMENDATION FOR ACTION: Staff recommends that the SAC discuss and advance possible recommendations concerning the City’s Climate Action Plan (CAP).

SAC will likely have two recommendations to the City Council about the CAP: one concerning a GHG inventory update, and another about communications and outreach. Ullrey recommends that they focus on the GHG inventory recommendation tonight as the communications/outreach subcommittee has not had the opportunity to meet yet.

Ullrey summarized the conversation from the last meeting and wrote a formal recommendation to the City Council to conduct a GHG inventory update, recommends that committee approve the recommendation.

Green asks if the pandemic will skew the GHG inventory data. Ullrey notes that the pandemic will influence data, but it is important to update inventory to help determine why GHG use is decreasing. He mentions that the City is meeting CAP goals, but does not know what actions are influencing GHG reductions.

Rolf asks if SAC would have an opportunity to interact with the consultant group. Ullrey notes that this possibility is likely, but the extent of interaction will likely be fiscally determined, can discuss with City staff and City Manager to put engagement requests in the RFP.

Aulman notes that methodology and metrics from original CAP are available, so they can be referenced for future updates. Also presents a PowerPoint that highlights CAP sections that call for GHG monitoring every 5 years, notes one of the Goldman student’s conclusions to update the GHG inventory, and overall emphasizes the theme: “if you can't measure it, you can’t manage it.”
Ullrey notes that GHG inventory methods have advanced since initial CAP and are now an easier undertaking.

Bellows notes that Ascent Environmental methodology heavily relies on modeling, so it is difficult to determine what is accurately measured.

Ullrey responds that modeling is not ideal, but modeling is okay if there is consistency across previous inventories (“comparing apples to apples”) and accepted county and state models.

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Ullrey recommends passing a motion to recommend that City Council order a GHG inventory update, asks committee if there is anything to add or amend to the following:
“The Sustainability Advisory Committee recommends that, in keeping with the City of Woodland’s 2035 Climate Action Plan, input received from the public, and the report of the University of California at Berkeley, Goldman School of Public Policy, the City Council should order the performance of a greenhouse gas (GHG) inventory update by a qualified technical authority and direct City staff to track future progress toward CAP goals on a regular basis.”
Green asks if this motion ties into the CAP dashboard, Ullrey notes that an updated GHG inventory could support the dashboard as it would provide data.

Muñoz proposes a motion that the SAC recommends the following to City Council:
“The Sustainability Advisory Committee recommends that, in keeping with the City of Woodland’s 2035 Climate Action Plan, input received from the public, and the report of the University of California at Berkeley, Goldman School of Public Policy, the City Council should order the performance of a greenhouse gas (GHG) inventory update by a qualified technical authority and direct City staff to track future progress toward CAP goals on a regular basis.”
Peterson seconds.

Ullrey opens discussion about the motion, committee agrees to keep the language as is.

Aulman mentions that it is difficult to find the City’s sustainability efforts online, Serena agrees and mentions that a good example is the County’s recently updated their sustainability page.

Ullrey responds that this topic could be addressed in another recommendation to City Council about communications and outreach.

Motion passes unanimously with 8-0-0 vote.

H. WORK GROUP UPDATES
Bellows gives presentation on simple, cost-effective ways to reduce your GHG emissions and energy costs, explains calculations that can be used to determine cost savings and energy savings from energy-efficient home upgrades (tree shade, attic fans, lighting, etc.). These calculations can be used to educate people on cost-effective GHG mediation.

Green notes that some of the available rebates are not accessible to some of the Woodland community due to high costs, so the City should promote more affordable sustainable upgrades.

I. LONG RANGE CALENDAR
•RECOMMENDATION FOR ACTION: Staff recommends that the SAC receive the Long Range Calendar for informational purposes only.

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Committee discusses adding possible presentations about MioCar, sustainability communications/outreach from the working group, Woodland Research & Technology Park sustainability efforts, solid waste from landfill and/or City staff.

J. ADJOURN
Ullrey motions to adjourn the meeting, Serena seconds.

Meeting adjourned at 7:40 PM.

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.8
SUBJECT: City Manager Amended and Restated Employment
Agreement

Recommendation for Action: Adopt Resolution No. _____, Approving an Amended and Restated Employment Agreement Between the City of Woodland and Ken Hiatt for the position of City Manager Staff Contact: Ethan Walsh, City Attorney, (916) 325-4000, [email protected] Fiscal Impact: Mr. Hiatt’s new compensation would be $24,575 per month, which is an increase of 2.5% from his current salary of $23,976 per month, which is based on an added provision providing a 2.5% longevity pay increase upon commencement of the City Manager’s 10th year with the City. The agreement provides for a second 2.5% longevity pay increase upon commencement of the City Manager’s 15 th year with the City, but that would be beyond the current term of this Agreement. Additionally, the agreement includes a 3% annual increase for the duration of the Employment Agreement, which has a four-year term with an option to extend for a fifth year. The new agreement is retroactive to August 1, 2023, which is the date when his prior agreement expired (the agreement was previously extended by one year according to its terms).

Background:

Mr. Hiatt has served as City Manager since August 1, 2020. Mr. Hiatt originally joined the city as the Community Development Director in May of 2013 and assumed the role of Assistant City Manager/Community & Economic Development Director in August of 2016.

The City Council recently completed Mr. Hiatt’s annual performance review, and expressed to the City Attorney a desire to extend Mr. Hiatt’s employment agreement. Enclosed is an updated employment agreement, with updates based on negotiations between the City Manager and City Attorney.

Discussion:

The City Manager Employment Agreement provides as follows:
• The Amended and Restated Agreement is effective as of August 1, 2023 (i.e., the compensation adjustments are retroactive to that date).
• He will receive a monthly salary of Twenty-Four Thousand Five Hundred Seventy-Five Dollars ($24,575) per month. This is reflective of his current salary of $23,976 per month, plus a 2.5% increase based on the new longevity pay increase incorporated into the Agreement as noted below.
• The Agreement has a four-year term starting August 1, 2023, with an option to extend for a fifth year.
• The City Council will conduct a performance evaluation each year on or around August 1 of each year during the term of the Agreement.

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• Assuming the Agreement is still in effect, Mr. Hiatt’s salary will increase by 3% each year for the duration of the Agreement.
• Mr. Hiatt will receive a 2.5% increase in salary based on longevity commencing with his 10th year with the city (which has already occurred). Commencing on his 15th year with the City, he will be eligible for a second 2.5% increase in salary.
• Mr. Hiatt will be permitted to cash out up to 96 hours (City Manager Agreement is currently at 80 hours--This change is consistent with contract terms for the Mid-Management Professional Association and other contracts with other City bargaining groups). • Once Mr. Hiatt has accrued 500 hours of sick leave, the City shall convert 50% of additional sick leave earned to a cash contribution to City Manager’s RHSP account. This results in all sick leave earned above 500 hours being changed to 4 hours per month (versus 8 hours) with the value of 4 hours of salary being contributed to his RHSP account. (this is consistent with City contracts with bargaining groups that do not have lifetime medical).
• All other benefits will be the same as his existing benefits pursuant to his existing City Manager Agreement.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, Approving an Amended and Restated Employment Agreement Between the City of Woodland and Ken Hiatt for the position of City Manager.

Prepared By: Ethan Walsh, City Attorney

Attachments:

1. Resolution Approving A&R CM Employment Agreement (2023)

2. COW_ Hiatt AR City Manager Agreement 2023 - (final)

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

APPROVING AN AMENDED AND RESTATED EMPLOYMENT AGREEMENT WITH

THE CITY MANAGER
WHEREAS, the City of Woodland entered into an Amended and Restated Employment Agreement with Ken Hiatt to serve as City Manager (the “Prior Employment Agreement”), which was effective on August 1, 2021, and had a term of two (2) years with the option to extend the term of the Prior Employment Agreement for an additional year; and WHEREAS, on July 18, 2023, the City Council of the City of Woodland extended the Prior Employment Agreement according to its terms for an additional year, establishing a new expiration date of August 1, 2024; and
WHEREAS, the City Council desires to enter into a new Amended and Restated Employment Agreement, with an effective date of August 1, 2023 and a term of four (4) years with the option to extend the term of the Employment Agreement for an additional year; and WHEREAS, the terms of the Amended and Restate Employment Agreement are summarized in the Staff Report that accompanied this Resolution in the Agenda materials for the City Council meeting of October 3, 2023;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Woodland hereby approved the Amended and Restated Employment Agreement between the City of Woodland and Ken Hiatt in the form that accompanied this Resolution in the Agenda materials for the City Council meeting of October 3, 2023. The Mayor is authorized to execute such Amended and Restated Employment Agreement.

PASSED AND ADOPTED this 3rd day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

Vicky Fernandez, Mayor
ATTEST: APPROVED AS TO FORM
Ana B. Gonzalez, City Clerk Ethan Walsh, City Attorney

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CM A &R Employment Agreement
August 2023

A
mended and Restated Employment Agreement
Th
is Amended and Restated Employment Agreement (“Agreement”) is between the City of Woodland, a California municipal corporation (“ City”) and Ken Hiatt (“Employee”), an individual, both of whom agree as follows:

Section 1. Appointment
The City Council appointed Employee as the City Manager of the City and Employee accepted appointment, effective on Saturday, August 1, 2020. City and Employee originally entered in to an Employment Agreement dated as of August 1, 2020 (“Original Agreement”) , which was extended by its terms . This Agreement amends, restates and supersedes the Original Agreement in its entirety.

Section 2. Duties and Authority
A. Employee shall perform the functions and duties of a city manager as provided for under state law and the Woodland Municipal Code, the City Manager job description, City Council direction, or as otherwise provided by law, ordinance, or regulation. Employee shall faithfully, diligently, and to the best of Employee’s abilities, perform all duties that may be required under this Agreement and shall devote his full energy, skill, ability, and productive time to the performance of his duties. Employee reports to, and serves at the pleasure of, the City Council.

B. Employee shall not engage in any employment, activity, or other enterprise, for compensation or otherwise, that is actually or potentially in conflict with, inimical to, or that interferes with the performance of Employee’s duties.

C. This Agreement is inten ded to, and does supersede Employee’s current Original Agreement with the City.

D. Employee agrees to maintain any licenses or certifications required by Employee’s job description.

Section 3. Hours of Work.

The Employee as City Manager is an exempt position, and Employee is expected to engage in those hours of work necessary to fulfill the obligations of the position. Employee must be available to other staff and members of the public during City’s regular hours of business, and generally Employee is expected to be working during such regular hours of business. Employee’s position also requires frequent time worked outside of customary business hours (e.g. to attend City Council meetings or other functions on City’s behalf). As such, Employee’s daily and weekly work schedule will vary in accordance with the work to be performed and in accordance with direction provided by the City Council.

Section 4. Performance Evaluation
The City Council will conduct a performance evaluation of Employee on or around August 1 annually, or at a time mutually agreed upon by the City Council and Employee. The City Council

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2 shall evaluate Employee’s performance and provide guidance and direction to Employee. The City Council and Employee may choose to have an initial meeting at or around the commencement of this Agreement to discuss Employee’s performance goals as well as the City Council’s goals, expectations, and objectives for Employee’s performance. The City Council may also provide informal input regarding Employee’s performance at other times chosen by the Council.

Section 5. Compensation
A. City agrees to pay Employee a monthly gross base salary of Twenty-Four Thousand Five Hundred and Seventy Five Dollars ($24,575.00), effective as of August 1, 2023. Employee shall receive a three percent (3%) annual effective each August 1 for the term of this Agreement.

B. Nothing in this Agreement precludes the City Council from considering other salary adjustments for Employee.

C. Employee shall be paid at the sam e intervals and in the same manner as other management employees, and all wage payments are subject to applicable payroll taxes and withholdings.

D. The City of Woodland will match Employee’s deferred compensation contribution up to five percent (5 %) of Emplo yee’s base salary, subject to the limitations and restrictions imposed by law and by the City’s 457 Plan. Only plans approved by the City in its deferred compensation program will be eligible for the City contribution. Employee is responsible to ensure that Employee’s contribution and the City’s matching contribution meet Internal Revenue Code Section 457 deferred compensation program requirements. In addition, as salary is adjusted, Employee will be responsible to make periodic changes to the amounts of compensation deferred.

E. City shall perform compensation studies on or before July 1, 2024 and July 1, 2026, focusing on total compensation for city managers in comparable agencies and, based on the information obtained, will consider adjustments to ensure that Employee ’s compensation is consistent with market.

F. Upon commencement of Employee ’s tenth year of consecutive employment with City, Employee will be eligible for a 2.5% increase in salary as longevity pay. This initial 2.5% increase is incorporat ed into the salary amount set forth in Section 5.A above. Upon commencement of Employee ’s fifteenth years of consecutive employment with City, Employee will be eligible for an additional 2.5% increase in salary as longevity pay.

Section 6. Health, Disability and Life Insurance Benefits Employee will be eligible for, and shall receive, benefits as follows:

A. City agrees to provide Employee and his eligible dependents with access to the same City -sponsored health and welfare benefit programs (medical, dental , vision, long term disability, and life insurance), and the same City contributions to the costs of such programs, as are provided under the Miscellaneous Mid- Management Employee MOU (“Mid- Management MOU”), a copy of which is included as Exhibit A to this Agreement, except as otherwise specified in this Agreement. City will make the required premium payments for short term and long term

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3 disability insurance coverage for Employee during the Term of this Agreement. City shall also pay the amount due for ter m life insurance in an amount equal to $50,000. Employee shall have the right to choose the beneficiary on such policy.

B. If Employee provides proof of coverage under an outside medical insurance program, Employee may decline to accept medical coverage, and will be eligible for cash-in- lieu payment of $405 per month.

Section 7. Holidays, Vacation, Sick, and Administrative Leave Employee and City agree that Employee shall receive the following leave:

A. Sick Leave. Employee shall accrue sick leave at the rate of one (1) day (i.e. 8 hours) for each month worked. Employee may use paid sick leave in accordance with the City’s sick leave policy, for those purposes specified in City policy and the California Labor Code. Sick leave is not eligible for cash-out at any time, and any remaining accrued sick leave at such time of Employee’s retirement from City service will be governed by the then-existing City contract with CalPERS.

Once Employee has accrued 500 hours of sick leave, the City shall convert 50% of additional sick leave earned to a cash contribution to Employee’s Retirement Health Savings Plan (RHSP) account. This results in all sick leave earned above 500 hours being c hanged to 4 hours per month (versus 8 hours) with the value of 4 hours of salary being contributed to the employee’s RHSP account. If Employee’s accrued sick leave balance falls below 500 hours, Employee will resume accruing 8 hours of sick leave per mont h, until Employee’s accrued sick leave balance reaches 500, at which point sick leave will be changed to 4 hours per month with the value of 4 hours of salary being contributed to the employee’s RHSP.

B. Vacation. Employee shall accrue vacation leave at the rate of twenty (20) days per year, earned on a pro rata basis per pay period. Employee shall also have 16 vacation hours added to vacation leave total as of July 1 each year. Employees with ten (10) years of service or less may carry an unused vacation lea ve balance of no more than thirty- four (34) days (272 hours) past January 1st of each year. Employees with more than ten (10) years of service may carry an unused vacation leave balance of no more than forty- four (44) days (352 hours) past January 1st of e ach year.

Each calendar year Employee may, at his request, have up to ninety- six (96) accrued but unused vacation leave hours paid directly to him at his regular hourly rate of pay at the time of the request in lieu of time off; provided Employee has previously taken at least one (1) week of vacation time off in the same calendar year.

C. Holidays. Employee shall be entitled to those paid holidays recognized by the City in the Mid-Management MOU.

D. Administrative Leave. Employee shall receive an annual bank of n inety-six (96) hours administrative leave on July 1 each year. The City and Employee agree that Employee may cash out up to 80 hours of unused Administrative Leave any time during each fiscal year, and that

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4 any remaining administrative leave in Employee’s leave bank as of each June 30 will not carry over.

Section 8. Payment of Expenses
A. City shall pay the cost of any fidelity or other bonds required by law or City policy.

Further, City shall reimburse Employee at the standard IRS mileage rate for any busines s-related use of a personal vehicle for official business, excepting that Employee should always attempt to utilize a vehicle owned by City to avoid such expense whenever possible. Other business-related expenses Employee may incur are eligible for reimbur sement under the terms of City’s expense reimbursement policies.

B. Employee may expend up to Three Thousand Dollars ($3,000.00) annually during the term of this Agreement without additional City Council authorization to assist him in career development, education, coaching, professional memberships and dues, subscriptions, equipment, software, certifications, or other special projects. City will allow Employee reasonable time away from the City to participate in professional conferences, trainings, and meetings.

Section 9. Cell Phone
Employee is eligible to receive the City Cell phone stipend, consistent with the current City Cell Phone Stipend policy.

Section 10. Retirement
City provides retirement benefits through the California Public Employees Retirement System (“CalPERS”). As a CalPERS “classic” member, Employee’s retirement benefit is based on a 2%@60 formula with the highest three year average. Employee pays the 7% employee retirement contribution.

Employee will be eligible for retiree medical benefits, dependent on hire date, provided employee retires with 10 or more years of City service. The City’s contribution will be the same retirement medical benefits that are offered to mid -management employees as specif ied in the Mid - Management MOU. The City sh all contribute $50 per month to E mployee’s Retiree Health Savings Plan (RHSP) account, and Employee shall contribute $50 per month to his RHSP.

Section 11. Term, Employment, and Termination
A. Term. This Agreement shall begin on Tuesday, August 1, 2023, and shall continue for a term of four years unless earlier terminated pursuant to this Section 11. Prior to the expiration of the term, this Agreement may be extended for an additional year.

B. N o Property Interest. Employee understands and agrees that he has no constitutionally protected property or other interest in his employment as City Manager.

C. T ermination By City. Employee understands and agrees that Employee works at the will and pleasure of the City Council, and that Employee may be terminated, or asked to resign, at any time, with or without cause, by a majority vote of its members. Notice of termination shall

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5 be provided to the City Manager in writing. “Termination,” as used in this Agreement, shall include (1) a request that the City Manager resig n; (2) a reduction in salary or other financial benefits of the City Manager in a significant amount that is inconsistent with a reduction in salary or financial benefits for employees in the executive management unit; (3) a material reduction in the power s and authority of the City Manager (excluding placement on paid administrative leave); or (4) elimination of the City Manager’s position. Any such notice of termination or act constituting termination shall be given at or effectuated at a duly noticed regular or special meeting of the City Council.

D. Termination Immediately Before or Following City Council Election. No action by the City Council to terminate Employee, other than for gross mismanagement or an act of moral turpitude (as described in 11.F. below), will be made within ninety (90) days either before a City Council election or immediately following a City Council election. Nothing in this paragraph alters the “at will” status of Employee’s employment with City.

E. S
everance Pay . If Employee is asked to resign or is terminated as City Manager, then Employee shall be eligible to receive a cash payment equivalent to the sum of Employee’s then-current monthly salary multiplied by six (6) (or the remaining number of months in the Agreement, whichever is l ess) and the cash value, as determined by the City, of Employee’s monthly non-salary COBRA-eligible benefits multiplied by six (6) (or [pursuant to Government Code section 53260] by the remaining number of months in the Agreement, whichever is less).

This cash payment will be made on a pro-rated monthly basis over the number of months involved, subject to termination of the severance requirement set forth below. Employee shall also be paid for any accrued, but unused, vacation and administrative leave, but not accrued sick leave.

Eligibility for such severance payment is expressly conditioned upon Employee’s execution of (i) a waiver and release of any and all of Employee’s claims against City; and (ii) a covenant not to sue. All normal payroll taxes and withholdings as required by law shall be made with respect to any amounts paid under this section. Employee expressly agrees to provide notice to the City within two (2) business days of accepting employment elsewhere, and the City’s obligation to pay any severance benefit to Employee shall terminate upon Employee’s acceptance of such alternative employment.

F. I
neligibility for Severance Under Certain Conditions . If Employee’s termination is the result of gross mismanagement and/or an act(s) of moral turpitude, Employee shall not be paid any severance pay except as provided in the remainder of this subsection. In such an instance, Employee’s sole remedy shall be a judicial action in declaratory relief to determine whether there was substantial evidence of gross mismanagement and/or an act(s) of moral turpitude. If the court determines there was not substantial evidence, Employee shall receive the severance pay provided in this Section, but no other damages.

G. T
ermination bv Employee. Employee may voluntarily terminate his employment as City Manager at any time by giving not less than thirty (30) days’ notice to City.

Section 12. Indemnification
City shall indemnify and defend Employee in accordance with the California Government Claims Act. City’s obligation to defend and indemnity Employee shall extend only to the entry of a final

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6 judgment by the trial court, and shall not extend to providing defense or indemnity in connection with an appeal of the judgment, except as otherwise specifically required by law. Ci ty will determine, in its sole discretion, whether to compromise and settle any such claim or suit against Employee, as well as the amount of any settlement or judgment rendered thereon.

Section 13. Notices
Notice pursuant to this Agreement shall be given by personal service, by overnight delivery service (e.g. Federal Express), or by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:

Employer: City of Woodland
300 First Street
Woodland, CA 95695
Attn: Ana Gonzalez, City Clerk
Employee: Ken Hiatt
Address Last on File with City

Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission by overnight delivery or by t he United States Postal Service.

Section 14. General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between City and Employee. Any prior discussions or representations by or between the parties are merged into an d rendered null and void by this Agreement. The parties by mutual written Agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement.

B. B
inding Effect. This Agreement shall be binding on City and Employee and shall not be assignable or transferable, in whole or in part, by either party. Any such purported transfer or assignment shall be null and void.

C. E
ffective Date. This Agreement shall become effective on August 1 , 2023.

D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.

E. S
tatutory Requirements. This Agreement shall be deemed to incorporate by reference the provisions of Sections 53243 et seq. of the Government Code, as it may be amended or renumbered.

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82093.00014\41686074.2

Hiatt, Ken
CM A&R Employment Agreement
August 2023

7 F. Attorney's Fees. If any legal action or proceeding is brought to enforce or interpret this Agreement, the prevailing party, as determined by the court, shall be entitled to recover from the other party all reasonable costs and attorney's fees, including such fees and costs as may be incurred in enforcing any judgment or order entered in any such action. Nothing in this subsection shall be read to prevent the parties from agreeing to some alternative method of dispute resolution.

If such a method is agreed to, any final determination shall include an award of attorney's fees and costs by the presiding officer.

G. G
overning Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Employee and City agree that venue for any dispute shall be in Yolo County, California.

H. R
epresentation by Counsel . The parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligations resulting from signing this Agreement.

I. Wai
ver . Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.

EMPLOYER:

CITY OF WOODLAND

By: ____________________
Vicky Fernandez, Mayor

____________________
Date

EMPLOYEE:

________________________
Ken Hiatt

APPROVED AS TO FORM

________________________
Ethan Walsh, City Attorney
Best Best & Krieger LLP

____________________
Date

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82093.00014\41686074.2

Hiatt, Ken
CM A&R Employment Agreement
August 2023

Exhibit A

EXHIBIT A
[Mid-Management MOU]

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.9
SUBJECT: Police Officer Hiring Incentive Program

Recommendation for Action: Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager and Police Chief to develop and implement a Police Officer Hiring Incentive Program that will include incentives consistent with the terms set forth in this staff report.

Staff Contact
Chief Derrek Kaff, [email protected]

Council Goal
This recommendation is consistent with the following Council goals: 1) Strengthen public safety and infrastructure and 2) Enhance governance and fiscal responsibility.

Fiscal Impact
There would be no fiscal impact as these programs would be funded in the City’s operating budget through salary savings from vacant positions.

Discussion
Law enforcement is experiencing a diminished pool of well-qualified candidates for police officer positions. There is substantial competition amongst cities and counties to successfully recruit police officers. This has had a significant impact on staffing levels in Woodland, as the Police Department currently has four vacancies for police officer positions and is continuing to experience recruitment challenges. Staff has recommended the creation of a Police Officer Hiring Incentive Program, given the desire to create the program now for recruitment efforts currently underway. Below is additional information about each proposed program and the justification for recommending these changes:

Police Officer Hiring Incentive Program
The hiring incentive program is needed to help attract Lateral and Academy Graduate police officer applicants to the city. At this time, the Police Department has four police officer vacancies. Since 2016, many cities and counties throughout the state have adopted hiring incentive programs for law enforcement officers given the extremely competitive job market. An analysis of each of these programs was conducted and portions of them were incorporated into the Woodland Police Officer Hiring Incentive Program.

Below is a sample of the current incentive programs being offered by other communities:

Dixon $30,000 Vacaville $30,000 Elk
Grove
$7,500
Fairfield $10,000 Palo Alto $25,000 Modesto $15,000
Yolo
County
Sheriff
$10,000 San
Mateo
$30,000 Alameda $75,000
Marysville $10,000 Lathrop $5,000 Yuba
City
$45,000
Roseville $10,000 Turlock $16,000 Los Rios $20,000

The staff has reviewed numerous hiring incentive programs covering a wide range of options and has discussed the proposed Woodland hiring incentive program with potential new recruits. As a result of this research, staff has developed a proposed hiring incentive program as follows:

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United States Military Veteran Incentive
A $1,000 hiring incentive for new officers who have successfully completed honorable military service or who are currently serving as a reservist in the United States Armed Forces. This incentive is paid upon hire.

Academy Graduate Officer
An academy graduate police officer would be defined as a non-city sponsored graduate officer who has successfully graduated from a California POST Basic Police Academy within the last three years. Such an officer would receive $10,000 in total pay incentives to be disbursed as follows:

Amount Disbursement Condition
$5,000 Upon hire
$1,000 Successful completion of Field Training Program (estimated at 16 weeks) $1,000 Successful completion of 12-month probationary period $3,000 Successful completion of 24 months continuous service with the City of Woodland

Lateral Police Officer
A lateral police officer would be defined as a currently employed peace officer in the state of California with a minimum of two years of experience, and possess a California Peace Officer Standards and Training (POST) Basic Certificate; or formerly employed as a California Peace Officer for a minimum of two years and possess a California Peace Officer Standards and Training (POST) Basic Certificate, and who has not had more than a three-year break in service as a California Peace Officer. A Lateral Officer would receive a $10,000 in total pay incentives to be disbursed as follows
Amount Disbursement Condition
$5,000 Upon hire
$1,000 Successful completion of Field Training Program (estimated at 16 weeks) $1,000 Successful completion of 12-month probationary period $3,000 Successful completion of 24 months continuous service with the City of Woodland

Upon hire, the employee’s leave bank will also be credited with 40 hours of vacation leave and the employee’s vacation accrual rate will match the total years of service as a Police Officer.

Applicant Referral Program
In addition, staff is proposing an applicant referral program that would help us recruit viable police officer candidates to join the Woodland Police Department by using the recruiting power of current Police Department employees. The department has found that many of the most successful employees were recruited to work for Woodland by other Woodland Police Officers. The applicant referral program would be for any Police Department employee who refers an applicant for an open full-time police officer position and that applicant is successfully hired, trained and completes their probationary period. A Police Department employee would receive $1,500 in total applicant referral incentives to be disbursed as follows:

Amount Disbursement Condition
$500 Upon referred applicant’s successful hiring
$500 Upon referred applicant’s successful completion of Field Training Program (estimated at 16 weeks)
$500 Upon referred applicant’s successful completion of probationary period (12 months)

Conclusion
Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager and Police Chief to develop and implement a Police Officer Hiring Incentive Program that will include incentives consistent with the terms set forth in this staff report.

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Prepared by: Derrek Kaff, Police Chief

Attachments:

1. Resolution - Police Officer Hiring Incentive Program

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RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO DEVELOP AND

IMPLEMENT A POLICE OFFICER HIRING INCENTIVE PROGRAM
WHEREAS, the City of Woodland, like many other municipalities, is experiencing a diminished pool of well-qualified candidates to fill Police Officer vacancies; and WHEREAS, the Police Department is in direct competition with other law enforcement agencies in the Yolo, Sacramento, and Solano County areas for qualified Police Officer applicants; and
WHEREAS, the establishment of a Hiring Incentive Program for Police Officers would enhance the ability of the Police Department to attract well-qualified candidates for Police Officer; and WHEREAS, the Hiring Incentive Program for Police Officers would make incentive pay available for newly hired Police Officers who meet certain qualifications and referral pay for successful recruitment referrals by Woodland Police Officers.

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

SECTION 1. That the City Council hereby authorizes the City Manager and Police Chief to develop and implement a Police Officer Hiring Incentive Program that will include incentives consistent with the terms set forth in the staff report included with this Resolution in the October 3, 2023 City Council meeting agenda.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 3rd day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Fernandez, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.10
SUBJECT: Second Reading and Adoption 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 adopt Ordinance No. 1713, 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.

Background:

At the September 5, 2023 Council meeting, the City Council voted to introduce and waive the first reading of Ordinance No. 1713.

Should the Council choose to waive the second reading and adopt Ordinance No. 1713 at tonight's meeting, the Ordinance would be effective October 19, 2023, thirty days from the second reading.

Attachments:

1. Ordinance Amending Ch 9.28 2023-10-03-c1

2. Attachment A Ch 9.28 Code Revisions 2023-10-03_pd

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ORDINANCE NO.

AN ORDINANCE OT THE CITY COUNCIL OF THE CITY OF WOODLAND AMENDING CHAPTER 9.28 OF TITLE 9 OF THE WOODLAND MUNICIPAL CODE

RELATING TO OFFENSES-MISCELLANEOUS
WHEREAS, the City of Woodland, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City’s Police Department (“Department”) desires to amend Chapter 9.28 of the Woodland Municipal Code relating to “Offenses – Miscellaneous”; and WHEREAS, the Department recently reviewed Chapter 9.28 and found inconsistencies in Chapter 9.28.290, specifically in the classifications of certain violations as infractions or misdemeanors; and
WHEREAS, Ordinance 9.28.070, Discharge of a BB Gun, etc. within city limits correctly states that it is a misdemeanor; however, according to 9.28.290, this would be an infraction if it was committed in a park; and
WHEREAS, Ordinance 9.28.150, Driving in a park, correctly states that it shall be an infraction; however, according to 9.28.290, a second offense should be charged as a misdemeanor.

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

Section 1. Chapter 9.28 of the Woodland Municipal Code is hereby amended and restated as provided in Exhibit “A”, attached hereto and incorporated herein by reference. The amendments are summarized as follows:
i. Removal of §9.28.070 and §9.28.280 from the list of violations in §9.28.290(C)(1) since both are clearly misdemeanors.
ii. Addition of the language from §9.28.170(C) “Violation of this section shall be punishable pursuant to Section 9.28.290” to §9.28.110, §9.28.120, §9.28. iii. Removal of §9.28.150(D) and §9.28.180(F), both of which specify the violation as an infraction; replacement of these subsections with “Violation of this section shall be punishable pursuant to Section 9.28.290”
Section 2. This ordinance shall take effect 30 days following its adoption.

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INTRODUCED by the City Council of the City of Woodland at a regular meeting held on the 5th day of September 2023 and PASSED, APPROVED AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 3rd day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Fernandez, Mayor
ATTEST: APPROVED AS TO FORM:

Ana B. Gonzalez, City Clerk Ethan Walsh, City Attorney
Attachment A
Amendments to Municipal Code
(Separate attachment to the report)

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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.

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

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

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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 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 gas-

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propelled 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.

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;

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d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
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.

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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.

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.

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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 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.

A. 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

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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) B. Violation of this section shall be punishable pursuant to Section 9.28.290.

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:

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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;

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.

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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;
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

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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 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.

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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

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;

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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.

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)

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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.

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)

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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

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 no- cruising 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.

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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.

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

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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 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 e- cigarettes 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

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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.

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 self- service 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-of- sale 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.

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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.

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.

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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.

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 e- cigarettes 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.

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c. Any component, part, or accessory of a tobacco product, whether or not sold separately.

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).

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.

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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 exposed 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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TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.11
SUBJECT: Lower Cache Creek Flood Risk Reduction Project, CIP 22-16; Appropriate Project Funding, Approve
Consultant Amendment #1 with Wood Rodgers for
Consulting Services, Approve Consultant Agreement
with HDR for Consulting Services, and Approve
Consultant Amendment #11 with MBK for Consulting
Services.

Recommendation for Action: Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager to:

1. Appropriate $2,500,000 from Fund 2220, Sewer Enterprise Fund as an interfund loan; and

2. Authorize the consultant services amendment #1 with Wood Rodgers for the Lower Cache Creek Flood Risk Reduction Project for an amount up to $150,000; and

3. Authorize the consultant services agreement with HDR for the Lower Cache Creek Flood Risk Reduction Project for an amount up to $1,554,903.60; and

4. Authorize the consultant services amendment #11 with MBK for the Lower Cache Creek Flood Risk Reduction Project for an amount up to $338,758.

Staff Contact:

Tim Busch, Principal Utilities Civil Engineer, 530-661-5963, [email protected]

Fiscal Impact:

The City entered into a Federal Cost Sharing Agreement (FCSA) with the Army Corps of Engineers (Corps) and the Central Valley Flood Protection Board (CVFPB) in December 2022 for the Lower Cache Creek Flood Risk Reduction Project (Project). The design and construction of the Project is led by the Corps with the City and State as non-federal sponsors. The cost sharing agreement (FCSA) between the partners includes the Corps covering 65% of costs and the non-federal sponsors covering 35% of costs. The City also entered into a Local Design Agreement (LDA) in December 2022 with the CVFPB. The cost share for the 35% non-federal project costs is 30% City and 70% CVFPB. The City’s cost share can be either through direct payments to the Corps or completion of in kind work. The LDA provides for the CVFPB to reimburse the City for its share of the non-federal project costs as work in kind.

Initial project work included the Pre-Construction Engineering and Design (PED). The PED budget is $7,600,000 and the initial schedule contemplates completion within approximately 2 years. With the cost share at 65% Corps and 35% non-federal sponsors, the non-federal cost is $2,660,000. Using a 70% CVFPB and 30% City cost share, the City portion is $798,000 (which will also represent a future repayment from the storm drain fund to the sewer enterprise fund).

The project received Federal Authorization in the 2022 Water Resources Development Act, which enabled the project to be authorized for construction through the Corps. The Corps has received the full $5 million for PED. The project received $2 million as a Congressional add in FY22 and $3 million in Corps Workplan funding in FY23.

This project is included in the Capital Budget approved by Council with $900,000 being advanced

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from the sewer enterprise fund with a future repayment from the storm drain enterprise fund as approved by Council on June 20, 2023. In addition, as part of the long-term financing plan for the project, the team will pursue cost-sharing, including project management services, with public agency and private property stakeholders with an interest in partnering on a flood solution for Lower Cache Creek. The appropriation of $2.5 million is necessary to fund project activities under the FCSA and the LDA through 2024. The City would advance certain project activities including geotechnical exploration and hydraulic modeling; both of these activities are cost share eligible under both the FCSA and LDA. Under the LDA, the CVFPB would reimburse the City for 70% of eligible project costs. Approximately $1.5 million is expected to be reimbursed by the CVFPB. Nearly all of the City’s cost share obligation would be covered by providing in kind services through the geotechnical exploration and hydraulic modeling work.

Wood Rodgers has been involved in the City’s flood protection and storm water management efforts for several years, including development of flood protection alternatives and hydraulic modeling throughout the earlier Lower Cache Creek Feasibility Study. Approval of amendment #1 for Project 22-16 would increase the contract by $150,000 and will bring the total, not to exceed, cost for the Lower Cache Flood Risk Reduction Project (LCCFRRP) services to $275,000. The agreement covers Wood Rodger’s services through the attached scope of work.

The attached scope of work for HDR describes the necessary geotechnical exploration work. Approval of the agreement for Project 22-16 will bring the total, not to exceed, cost of the Lower Cache Flood Risk Reduction Project (LCCFRRP) services to $1,554,903.60. The agreement covers HDR’s services through the attached scope of work.

MBK’s contract involves program management for the City’s flood protection efforts, coordination with the Corps, and preparation of the design level hydraulic model. Approval of amendment #11 for Project 22-16 would increase the contract by $338,758 and will bring the total not to exceed cost for the Lower Cache Creek Feasibility Study (LCCFS) program management services to $1,582,758 from the current contract amount of $1,244,000.

Background:

The City of Woodland faces significant flood threats from both Cache Creek (located north of the City) and the Yolo Bypass (located east of the City). Cache Creek, located north of the City of Woodland, has overtopped its banks more than twenty times since 1900, with existing levees providing only an approximate ten-year level of protection. Approximately 25% of Woodland is located within the Cache Creek floodplain. Winter storms in February 2019 and resultant flows in Cache Creek and levee overtopping proved that the existing Cache Creek levees provide roughly only protection from a 7-year storm event.

The Project is included in the Central Valley Flood Protection Plan (CVFPP), which is the State of California’s strategic blueprint for managing flood risk in the California Central Valley. The CVFPP is produced in coordination with the Corps; tribal, regional, and local entities; and guides the State’s policies, investments, partnerships, and subsequent implementation activities. The CVFPP ensures a climate-driven technical foundation for a flood management system that helps protect our communities, contributes to native species recovery, and integrates broader water management objectives. The CVFPP was first adopted in 2012 and is updated every five years. The 2022 CVFPP Update acknowledges the need to improve equity in flood management decision making for underserved communities, especially with the increased flood risk associated with climate change. An increased spotlight on equity and social justice has accelerated overdue assessments in many public sectors, and the flood sector is no exception. Flood management agencies and organizations nationwide have acknowledged that socially vulnerable populations face disproportionate flood risk because of a variety of social, economic, and political factors, and that

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flood events exacerbate existing racial and social inequities. The Lower Cache Creek Project is proposed in the CVFPP as part of a program of actions along Cache Creek that will reduce flood risk, and is part of a broader regional solution to managing flood risk for this underserved community.

Discussion:

The agreement with Wood Rodgers includes two main areas of work in the near term. Program Management for the project, which includes ongoing coordination with the Corps, California Department of Water Resources and the project team for the next phase of work, which is the Preliminary Engineering & Design work. The Program Management role is largely being shifted to Wood Rodgers for staffing reasons. The other main focus of the work is development of the habitat component of the project consistent with the goals of the CVFPP to protect and improve the natural environment.

Given the Corps workload and schedule, it is beneficial and cost effective for the City and CVFPB to complete certain project activities in conjunction with the Corps work. The geotechnical exploration and hydraulic modeling work are discreet activities that can be easily parsed out from the overall project work. These activities are also a critical path on the schedule for the design of the project. These activities are expected to be fully cost share eligible under both the FCSA and LDA, which means that the City’s cash obligation under the FCSA would be significantly reduced and the CVFPB would reimburse the City for 70% of the costs under the LDA.

HDR is an approved consultant for the Corps under a nationwide solicitation and has been selected by the project design team which is led by the Corps. The scope of HDR’s work includes completion of the geotechnical exploration work for the project. The scope of work is attached and has been carefully coordinated with the Corps. This work is a critical path for the overall project schedule. The City’s ordinance allows for the use of a consultant as a quality-based selection if the consultant is selected under another government agency’s quality-based selection process and costs are expected to be less than if work is performed under the other government agency. Therefore, HDR can be selected for the geotechnical work. The work is considered in-kind credit under the FCSA as part of the City’s cost share. The work is considered work-in-kind under the LDA with the CVFPB anticipated to reimburse 70% of the costs associated with this work.

The amendment includes two main areas of work for MBK: program manager primarily for coordination with the Corps and with the Engineering team, and MBK will prepare the design hydraulic model for the project. As stated above, this work is a critical path and it is cost effective and benefits the design schedule for this work to be completed by MBK. An initial budget of $100,000 for hydraulic modeling was approved in December 2022. The amendment includes project management through 2024 and the balance of the final work scope and budget for the hydraulic model work. The work is considered in-kind credit under the FCSA as part of the City’s cost share. The work is considered work-in-kind under the LDA with the CVFPB anticipated to reimburse 70% of the costs associated with this work.

Conclusion:

Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager to:

1. Appropriate $2,500,000 from Fund 2220, Sewer Enterprise Fund as an interfund loan; and

2. Authorize the consultant services amendment #1 with Wood Rodgers for the Lower Cache Creek Flood Risk Reduction Project for an amount up to $150,000; and

3. Authorize the consultant services agreement with HDR for the Lower Cache Creek Flood Risk Reduction Project for an amount up to $1,554,903.60; and

4. Authorize the consultant services amendment #11 with MBK for the Lower Cache Creek Flood Risk Reduction Project for an amount up to $338,758.

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Prepared by: Tim Busch, Principal Utilities Civil Engineer

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

Attachments:

1. Resolution

2. Wood Rogers Amendment #1 - LCCFS

3. HDR Geo Data Report_ Scope LCCFS

4. MBK Amendment No 11 - LCCFS

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82093.00001\8555510.2
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

APPROPRIATING PROJECT FUNDING, APPROVING CONSULTANT
AMENDMENT #1 WITH WOOD RODGERS, APPROVING CONSULTANT
AGREEMENT WITH HDR, AND APPROVING CONSULTANT AMENDMENT #11

WITH MBK FOR ENGINEERING CONSULTING SERVICES
WHEREAS, the Lower Cache Creek Flood Risk Reduction Project (Project) is led by the Army Corps of Engineers and has been funded with $5 million in Federal money to begin Pre-Construction Engineering and Design; and
WHEREAS, the City and California Central Valley Flood Protection Board (CVFPB) are non-federal sponsors of the Project and are collectively responsible for 35% of Project costs under the Federal Cost Share Agreement; and WHEREAS, the City and State of California Central Valley Flood Protection Board are responsible for 30 percent and 70 percent of non-federal costs respectively under the Local Design Agreement; and
WHEREAS, the City Council wishes to appropriate an additional $2,500,000 from the Sewer Enterprise Fund with future repayment from the Storm Drain Enterprise Fund to CIP 22-16 for a new project budget of $3,400,000, and WHEREAS, the City Council wishes to approve the additional budget appropriation through the adoption of this Resolution.

WHEREAS, the City of Woodland wishes to enter into an engineering consulting services amendment with Wood Rodgers for Engineering Services (“Amendment”); and WHEREAS, Wood Rodgers had been working on the Lower Cache Creek Feasibility Study and has assisted the City of Woodland in flood management since 2013; and WHEREAS, Wood Rodgers will continue providing program management and engineering design services, including coordination with the Army Corps of Engineers (Corps), CVFPB and City consultants to advance the Lower Cache Creek Flood Risk Reduction Project, CIP #22-16; and
WHEREAS, the amendment #1 with Wood Rodgers authorizes an increase to the contract amount of $150,000 for a total contract amount of $275,000 to cover the scope of work; and
WHEREAS, the City of Woodland wishes to enter into an engineering consulting services agreement with HDR for Engineering Services (“Agreement”); and

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82093.00001\8555510.2
WHEREAS, HDR will provide geotechnical engineering services, in coordination with the Army Corps of Engineers (Corps), CVFPB and City consultants to advance the Lower Cache Creek Flood Risk Reduction Project, CIP #22-16; and WHEREAS, the agreement with HDR authorizes a contract amount of $1,554,903.60 to cover the scope of work; and
WHEREAS, MBK had been working on the Lower Cache Creek Feasibility Study and has assisted the City of Woodland in flood management since 2013; and WHEREAS, MBK will continue providing project management and hydraulic modeling engineering services, including coordination with the Army Corps of Engineers (Corps), Department of Water Resources and City consultants to advance the Lower Cache Creek Flood Risk Reduction Project, CIP #22-16; and
WHEREAS, the amendment #11 with MBK authorizes an increase to the contract amount of $338,758 for a total contract amount of $1,582,758 to cover the scope of work; and
WHEREAS, Wood Rodgers, HDR, and MBK have been selected through a quality based selection process; and
WHEREAS, the City Council wishes to approve the Agreement and amendments and authorize their execution through the adoption of this Resolution.

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

Section 1. The City Council hereby approves the budget appropriation in the amount of $2,500,000 for the Lower Cache Creek Flood Risk Reduction Project, CIP 22-16 from the Sewer Enterprise Fund with future repayment from the Storm Drain Enterprise Fund for a project budget of $3,400,000; and
Section 2. The City Council hereby approves the amendment with Wood Rodgers in the amount of $150,000 for a total contract amount of $275,000. The City Manager is hereby authorized and directed to execute the amendment, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and confirming changes so long as the total dollar amount authorized in the amendment does not change.

Section 3. The City Council hereby approves the agreement with HDR in the amount of $1,554,903.60. The City Manager is hereby authorized and directed to execute the agreement, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and confirming changes so long as the total dollar amount authorized in the agreement does not change

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82093.00001\8555510.2
Section 4. The City Council hereby approves Amendment #11 with MBK in the amount of $338,758 for a total contract amount of $1,582,758 and fund through CIP #22-16. The City Manager is hereby authorized and directed to execute the amendment, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and confirming changes so long as the total dollar amount authorized in the amendment does not change.

Section 5. Copies of the consultant agreement and amendments are available and on file in the City Clerk’s office, and are incorporated herein by reference and made a part of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 3rd day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Fernandez, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

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Corporate Office: 3301 C Street, Bldg. 100-B • Sacramento, CA 95816 • Tel: 916.341.7760 • Fax: 916.341.7767 O f f i ce s l o c a te d i n C a l i f o r n i a an d N e v a d a www.woodrodgers.com

August 15, 2023

Mr. Tim Busch, P.E.

City of Woodland
300 First Street
Woodland, California 95695

Subject: City of Woodland, Lower Cache Creek Project – Request for Supplemental Budget Authorization – Amendment 17
Dear Mr. Busch,

The City of Woodland (City), with the US Army Corps of Engineers (USACE), is engaged in the Lower Cache Creek (LCC) Project to address flooding from Cache Creek in the City of Woodland, California. Wood Rodgers, Inc. (Wood Rodgers) has been assisting this effort by providing program management services and by preparing various analyses as directed by the City. These analyses include alternatives development and documentation , and support of California Env ironmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) efforts. Our existing budget for this ongoing work has now been expended.

By way of thi s letter, Wood Rodger s is requesting a budget augmentation in the amount of $150,000 for ongoing program management and support of the LCC Project. This additional work will be perfo rmed on a Time-and-Materials basis not to exce ed the authorized amount without the written consent of the City. If you are in agreement with this budget augmentation request, please issu e a co ntract amen dment at your earliest convenience. Wood Ro dgers appreciates the opportunity to be of continued support to the City of Woodland on the LCC Project.

If you have any questions regarding this proposal, please contact me at 916-919-3073.

Sincerely,

Jonathan Kors, P.E.

Vice President

J:\Jobs\8303\8303.032 LCCFS_Alts_2A_2B_2C\Civil\Docs\Proposals\202308015_Budget_Augmentation_17\AMEND-17_LCCFS_Budget_Aug_20230815.doc

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SCOPE AND FEE ESTIMATE FOR

ENGINEERING SERVICES

for

Geotechnical Data Collection
Lower Cache Creek
Reaches N Through S

Wood Rodgers – City of Woodland
September 25, 2023

2365 Iron Point Road, Suite 300
Folsom, CA 95630

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Lower Cache Creek Interstate
Reaches N through S – Geotechnical Engineer

September 2023 | i
Contents
Introduction.................................................................................................................................................... 1 Scope of Work ............................................................................................................................................... 1 1 Project Management ........................................................................................................................... 1

1.1 Project Management ................................................................................................................. 1

1.2 Invoicing and Progress Reports ................................................................................................ 2 2 Pre-Field Investigation ......................................................................................................................... 2

2.1 Review of Existing Information .................................................................................................. 2 3 Standards and Criteria ........................................................................................................................ 3 4 Reaches N and O Field Investigation and Geotechnical Data Report (GDR) .................................... 4

4.1 Preliminary Investigation and PGDR (Reaches P through S, and associated structures) ................................................................................................................................. 5 5 Optional Geotechnical Investigation(s) and GDR(s) ........................................................................... 7

5.1 Reaches P Through S – Design Investigation(s) and GDR(s) .................................................. 7 6 Project and Task Requirements .......................................................................................................... 8

6.1 Deliverables Content and Format ............................................................................................. 8

6.1.2 Quality Control Plan Requirements .............................................................................. 8

6.1.3 Health and Safety Plan (Accident Prevention Plan Requirements) ............................. 9

6.1.4 Geotechnical Investigation Plan Criteria ...................................................................... 9

6.1.5 Permit Requirements.................................................................................................. 10

6.1.6 Field Exploration Record Requirements .................................................................... 10

6.1.7 Laboratory Testing Plan Requirements...................................................................... 11

6.1.8 Geotechnical Data Report Requirements .................................................................. 11

6.2 Field Work Requirements ........................................................................................................ 13

6.2.1 Drilling and Sampling Requirements .......................................................................... 13 7 Fee Estimate ..................................................................................................................................... 15 8 Schedule............................................................................................................................................ 16

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Lower Cache Creek Interstate
Reaches N through S – Geotechnical Engineer

September 2023 | 1
Introduction
The City of Woodland engaged Wood Rodgers, Inc. (Wood Rodgers) to perform a feasibility study for the Lower Cache Creek Levee System. As a result of initial studies and communications with the Sacramento District U.S. Army Corps of Engineers (USACE), Wood Rodgers requested HDR to develop a scope of work and an associated fee to provide geotechnical engineering services in support of advancing the Lower Cache Creek Levee design program through collection of geotechnical data for Reaches N through S.

These reaches require two different levels of geotechnical data collection: design level and reconnaissance level. Design level geotechnical data, as defined by the USACE Embankment Design Guidelines, includes adequate data spacing and depths to inform a 100 percent level of engineering design. Similarly, reconnaissance level, as defined by USACE, is a limited widely spaced exploration and geologic review of the levee reaches of interest to appropriately inform future engineering decisions in the progress of a design. Reaches N and O have previously been studied as part of a separate California Department of Water Resources (DWR) effort. This scope of work includes collection of design level geotechnical data for these reaches. Reaches P through S are in the planning stages for the development of a new flood channel and levee system. This geotechnical scope of work includes a reconnaissance level of effort for these reaches.

Scope of Work
The work outlined in this scope has been divided into tasks in accordance with the following work break down structure (WBS):
• Project Management
• Geotechnical Field Data Collection and Report
• Meetings with City of Woodland and Team Coordination
1 Project Management

1.1 Project Management
HDR’s project manager will manage the scope, schedule, and budget for the project activities outlined for this scope of work. Project management will also occur at the activity level for each team member. In addition, the project manager will coordinate with Wood Rodgers, agencies, and stakeholders as requested throughout the duration of this task.

Assumptions:
• This subtask includes project management activities from October 2023 through December 2024.

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Deliverables:
• N/A

1.2 Invoicing and Progress Reports
HDR will prepare monthly progress reports that document project activities and update the project schedule and budget status. Items that the progress report will include are:
• Financial status summary.
• Project schedule and deliverables.
• Current activities list.
• Issues list (design, schedule, and quality assurance/quality control (QA/QC) issues). • QA/QC review status.

Assumptions:
• Wood Rodgers will provide specific invoicing requirements prior to start of work.

Deliverables:
• Monthly invoices and progress reports (PDF).
• Schedule updates (as needed).
2 Pre-Field Investigation

2.1 Review of Existing Information
Feasibility studies were completed for Reaches N and O by USACE and DWR. Previous exploration and geomorphology efforts performed by DWR are available online. HDR will review the available information as part of the development of a drilling program for project reaches. Based on an initial review of the online data, explorations along Reaches N and O appear to have preliminary level coverage with borings, cone penetration tests (CPT), and initial geomorphology. The geomorphology appears to extend to Reach S at the western end of the city.

Available geomorphic and subsurface information will be used in combination with other data to select exploration locations and depths appropriate for a design level study.

Assumptions:
• The existing data is suitably detailed to be appropriate to build upon with future exploration program.

Deliverables:
• None.

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3 Standards and Criteria
Field and laboratory investigation, as well as deliverables, will comply with the following standards where applicable. It should be noted that these are current standards of the date of this proposed scope of work.:
• Engineering Regulation (ER) 1110-1-1807 (December 2014), “Drilling and Invasive Activities at Dams and Levees”
• ER 1110-3-12, “Engineering and Design Quality Management” • ER 1165-2-217, “Civil Works Review Policy”
• ER 1110-1-261, “Quality Assurance of Laboratory Procedures” • ER 1110-2-1150, “Engineering and Design for Civil Works Projects” • ER 1110-1-8100, “Laboratory Investigations and Testing” • ER 1110-2-8160, “Engineering and Design Policies for Referencing Project Elevation Grades to Nationwide Vertical Datums”
• Engineering Manual (EM) 385-1-1, Safety and Health Requirements • EM 1110-1-1804, “Geotechnical Investigations”
• EM 1110-1-1802, “Geophysical Exploration for Engineering and Environmental Investigations”
• EM 1110-2-1906, “Laboratory Soil Testing” and/or associated ASTM standards • EM 1110-2-1908, “Instrumentation of Embankment Dams and Levees” • EM 1110-2-1913, “Design and Construction of Levees”
• EM 1110-1-2909, “Geospatial Data and Systems”
• ERDC/ITL TR-12-1 (2015) A/E/C Graphics Standard
• ERDC/ITL TR-12-6 (2015) A/E/C CAD Standard
• USACE Sacramento District Standard Operating Procedure (SOP) 3 “Geotechnical Levee Practice”
• 40 CFR 136, “Guidelines Establishing Test Procedures for the Analysis of Pollutants” • MTC Certification Requirements for labs (https://mtc.erdc.dren.mil/) • ASTM standards
Other standards that may apply to the extent that they do not conflict with federal guidance include:
• California Code of Regulations Title 23, Waters, Division 1 Central Valley Flood Protection Board
• California Department of Water Resources (DWR), 2009, Division of Flood Management Soil and Rock Logging, Classification, Description, and Presentation Manual.

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• DWR, 2012, Urban Levee Design Criteria.
• DWR, 2015, Resource Guidance Document for Geotechnical Analyses.

In addition to the standards listed above, HDR will rely on internal best practice guidelines and standards of care. This additional reliance is due to the relative uncertainties inherent with geotechnical topics and the risks associated with explorations performed within levee embankments and their geotechnical influences. As will be presented later on the scope, these risks will be developed and will form, in part, the justification for the Drilling Invasive Program Plan (required by ER 1110-1-1807).
4 Reaches N and O Field Investigation and
Geotechnical Data Report (GDR)
Design level investigation is proposed to assess subsurface stratigraphic conditions as well as likely variability in these conditions along the alignment of Reaches N and O.

Using information gathered as part of Task 2.1 above, HDR will develop a Drilling and Invasive Program Plan (DIPP) in accordance with USACE ER 1110-1-1807 specific for these two reaches.

The scope of work for Reach N design level investigation includes:
• Interim Deliverables: Permits, DIPP, and Laboratory Testing Plan (LTP) • Field Investigation:
o Borings: Up to 14 locations and up to of 920 feet of hollow stem auger explorations. This will limit risk to hydrofracturing the embankment with drilling fluid. However, a backfill mix will be developed to further limit the risk of hydrofracturing.
o CPTs: Up to 19 locations and up to of 1,200 feet of exploration. Similar to the borings, a backfill mix will be developed to further limit the risk of hydrofracturing.
o Seismic CPTs (SCPT): Up to two locations and up to of 160 feet of exploration. Similar to the other explorations, a backfill mix will be developed to further limit the risk of hydrofracturing.

The scope of work for Reach O design level investigation includes:
• Interim Deliverables: Permits, DIPP, and LTP
• Field Investigation:
o Borings: Up to 16 locations and up to of 1,040 feet of hollow stem auger explorations. This will limit risk to hydrofracturing the embankment with drilling fluid. However, a backfill mix will be developed to further limit the risk of hydrofracturing.
o CPTs: Up to 18 locations and up to of 1,120 feet of exploration. Similar to the borings, a backfill mix will be developed to further limit the risk of hydrofracturing.

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o SCPTs: Up to two locations and up to of 160 feet of exploration. Similar to the other explorations, a backfill mix will be developed to further limit the risk of hydrofracturing.

Assumptions:
• The existing data is suitably detailed to be appropriate to build upon with a future exploration program.
• A Draft DIPP will be submitted to USACE for review. Based on conversations with USACE, HDR assumes that review of this document will be performed by USACE within 90 days.
• The DIPP will be present risks and mitigation measures against damaging the existing embankments and existing facilities.
• An outline of both the Preliminary Geotechnical Data Report (PGDR) and GDR will be sent to USACE for review and approval in advance of preparation of the PGDR and GDR.

Deliverables:
• Draft DIPP
• Final DIPP
• Draft exploration logs within 72 hours of the completion of individual explorations.

Draft logs will be provided via PDF scanned versions of the field logs. • Final exploration logs will be delivered via Open Ground with PDF versions provided in the GDR reports.
• Draft Reach N GDR
• Final Reach N GDR
• Draft Reach O GDR
• Final Reach O GDR

4.1 Preliminary Investigation and PGDR (Reaches P
through S, and associated structures)
Based on discussions with USACE and the City of Woodland, HDR will perform a reconnaissance level investigation to assess the subsurface stratigraphic conditions and characterize the likely variability in these conditions along the alignment of Reaches P and S. In addition, this investigation will preliminarily assess the areas associated with the closure structures, weir, and other ancillary structures and improvements. As mentioned in Task 2.1, preliminary level geomorphic information appears to be available from previous DWR efforts. This data will be used in combination with other data to select exploration locations.

The following represent the scope of work for this preliminary investigation:
• Field Investigation:

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o Geophysics: HDR will engage and oversee a subconsultant to perform a geophysical survey along the alignment of Reaches P through S (or 28,000 feet).

This geophysical survey will include seismic refraction along the ground surface to obtain shear wave velocities to depths of 100 feet (30 m). This information will be compared to the existing preliminary geomorphology.
o Explorations: One exploration will be advanced every 1,000 feet (approx.) for an estimated total of 30 exploration locations within the subject reaches and one exploration per structure for small structures or embankments (extents less than 1,500 feet). One boring will be drilled for every five CPTs with one boring per structure consistent. Explorations will extend a up to of 60 to a maximum of 100 feet below grade, or to practical refusal, and will not terminate in soft, loose, or highly permeable earth materials. Additionally, 20 borrow explorations will be performed for use in characterization of geotechnical properties of potential levee borrow source material. Borrow explorations will extend 10 to 15 feet below existing grade.

Assumptions:
• Geophysical exploration is considered optional and will be a separate line item within this scope of work. It will be authorized at the discretion of USACE. If authorized, it will be completed in advance of other work to allow for more targeted exploration.

Other field work will not proceed until interpreted geophysical data is available.

Further, a fee associated with the geophysical survey is currently not included in the cost estimate provided herein and will need to be added upon selection of this option. • The borrow area will be from the proposed channel located adjacent to the proposed levee alignment. Therefore, some exploration locations will double for levee and borrow data.
• Wood Rodgers will provide civil engineering and surveying services. • Permission to access and gate keys, if necessary, are available and will be provide to HDR.
• HDR understands that gaining permits and access to railway crossings and Caltrans rights-of-way may take more time than the current schedule allows (six months).

Therefore, it is understood that explorations may be suitably located on either side of these routes until access is granted.

Deliverables:
• Permits, Field Explorations Plan, LTP
• Draft exploration logs within 72 hours of the completion of individual explorations.

Draft logs will be provided via pdf scanned versions of the field logs. • Final exploration logs will be delivered via Open Ground with pdf versions provided in the PGDR.
• Draft PGDR
• Final PGDR

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5 Optional Geotechnical Investigation(s) and
GDR(s)

5.1 Reaches P Through S – Design Investigation(s) and
GDR(s)
Should one of these options be picked up by the City of Woodland and USACE, a design level investigation would be completed to assess subsurface stratigraphic conditions and characterize the subsurface conditions variability along the alignment within these reaches and associated nearby inlet weir, culverts, and ancillary structures. This option would be performed subsequent to Task 2.3 efforts. This option can include all of the reaches or separately (one to four options). A fee will be developed for the option(s) combinations selected. The fee will be in addition to the base fee related to Sections 1, 2, and 4 above.

The following represent the scope of work for the design level investigation:
• Interim Deliverables: Permits, Field Explorations, and LTP • Final Deliverable: Reach Specific (Design) GDR
• Field Investigation:
o Reach P
 Borings : Up to 24 locations and up to of 1,400 feet of exploration  CPTs: Up to 32 locations and up to of 2,160 feet of exploration  SCPTs: Up to six locations and up to of 560 feet of exploration o Reach Q
 Borings : Up to 28 locations and up to of 1,540 feet of exploration  CPTs: Up to 40 locations and up to of 2,480 feet of exploration  SCPTs: Up to four locations and up to of 320 feet of exploration o Reach R
 Borings: Up to nine locations and up to of 600 feet of exploration  CPTs: Up to 16 locations and up to of 840 feet of exploration  SCPTs: Up to three locations and up to of 260 feet of exploration o Reach S
 Borings : Up to 34 locations and up to of 1,830 feet of exploration  CPTs: Up to 45 locations and up to of 2,700 feet of exploration  SCPTs: Up to four locations and up to of 320 feet of exploration Assumptions:
• Wood Rodgers will provide the civil engineering and surveying services.

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• Permission to access and gate keys, if necessary, are available and will be provide to HDR.

Deliverables:
• Draft exploration logs within 72 hours of the completion of individual explorations.

Draft logs will be provided via PDF scanned versions of the field logs. • Final exploration logs will be delivered via Open Ground with PDF versions provided in the GDR reports.
• Draft Reach Specific GDR (up to four reports)
• Final Reach Specific GDR (up to four reports)

6 Project and Task Requirements
Task level requirements for this project include, formatting, style, and other objectives required to be captured as part of the work are outlined below.

6.1 Deliverables Content and Format
Deliverables will include, where authorized, the following:
• Quality Control Plan, Health and Safety Plan, DIPP, Geotechnical Investigation Plan, LTP (PDF and DOCX, draft and final; submit one for each activity) • Copies of applicable permits and approvals (PDF, for information only; submit as applicable)
• Field Exploration Records of Boring Logs or similar (PDF, for information only; submit 72 hours after completion of exploration)
• Preliminary and Reach Specific Geotechnical Data Reports and supporting documentation (PDF, DWG, and database files, draft and final; submit one set of documents for each reach specific GDR and one set for the PGDR):

Assumptions:
• As presented in task deliverables above, deliverables will be submitted as a draft prior to finalization to USACE for review and comment. It is HDRs assumption that the review period will be completed within 30 days by USACE, and that HDR will have 30 days to respond to comments. HDR understands that resolution of comments to the satisfaction of USACE will be complete prior to finalizing deliverables.
• Design quality control (DQC) documentation will be submitted with each deliverable except for cases identified as being information only submittals.

6.1.2 Quality Control Plan Requirements

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A project-specific quality control plan (QCP) will be prepared for this work. The QCP format, style, and content will comply with ER 1110-3-12, ER 1165-2-217, and related criteria. The QCP will be submitted prior to the start of other activities. Include appropriate resumes demonstration compliance with experience requirements with the QCP as well as sample QC forms and QC requirements.

Note that the QCP will specifically address both quality controls for deliverables as well as field and laboratory quality controls on data collection.

HDR will submit the QCP in advance of other work activities and allow 14 days for review. Approval of the QCP is required before initiation of work on other work items.

6.1.3 Health and Safety Plan (Accident Prevention Plan
Requirements)
The accident prevent plan (APP) serves as the plan used to guide health and safety for the project. The APP will generally comply with the applicable requirements of EM 385-1- 1 and the format and style will comply with Appendix A of that standard. After approval, the requirements of the APP will be complied throughout the work.

HDR will submit the APP in advance of field activities and allow 14 days for review.

Approval of the APP is required before initiation of field work.

6.1.4 Geotechnical Investigation Plan Criteria
Associated with data collection of Reaches P through S, HDR will submit a Geotechnical Investigation Plan (GIP) for approval. The GIP will be designed to adequately characterize the subsurface conditions at each site for both the preliminary and reach specific (design-level) work, as applicable.

Depending on which options are selected, one or multiple GIPs may be prepared. If a single GIP is prepared, then the scope will allow for an amended GIP to be prepared and finalized following completion of the preliminary investigation work for reaches P through S and associated structures. The GIP(s) will at a document the following items:
• Planned pre-field coordination and utility clearance activities and methods. • Required permits and clearances (biological, cultural, etc.) including need for site access and identification of areas requiring (Reaches N and O) a DIPP. • Summary of traffic control plan(s) where or if required. • Location, depth, and type of explorations (including both tabular and graphical format).
• Drilling equipment, methods, and procedures.
• Field crew resumes including both drilling crew and logging crew, and where applicable archeological or other monitors.
• Sampling type(s), method(s), and frequencies.
• Backfill, abandonment, and disposal procedures.
• For long-term monitoring such as wells, include monitoring frequency and data transmission procedures.

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• Survey procedures, methods, and level of accuracy of survey for elevation and location of each exploration.
• Anticipated schedule and deliverable milestones.
• Sample drilling logs and discussion of logging and classification procedures. • Number and types of laboratory testing anticipated and associated ASTM standards. • Chain of custody (where applicable), transportation methods to/from lab. • Laboratory certification for the facility which will store and undertake the laboratory testing. Certification will demonstrate compliance with MTC requirements. The certification will be maintained throughout the duration of the work.

HDR will transmit the proposed exploration locations in Esri ArcGIS database and .xml format with a table showing latitude, longitude, type, location (e.g., crest, toe, field), special conditions (encroachment permits or similar), and termination depth below existing grade. The database file will include an overlay of authorized project features and applicable preliminary map of geomorphology from the California Department of Water Resources website (https://ferix.water.ca.gov/webgis/?appid=LEP). The map will also show biological or cultural exclusion zones identified by USACE or others.

HDR will submit a GIP in advance of ground-disturbing field investigation activities and/or geophysical work. HDR will allow 14 days for review and note that this item’s review will be documented in Dr. Checks. Approval of the GIP is required before initiation of field work. HDR will allow additional time (minimum of 90 days) for review and approval of the DIPP in reaches where a DIPP is required.

6.1.5 Permit Requirements
Permits and associated approvals are generally submitted for information only. Permits may include local and county permits as required as well as the approved DIPP and other associated documents.

For reaches of the work where investigation will fall under the requirements of ER 1110- 1-1807 a drilling and invasive program plan (DIPP) will be prepared and submitted to levee safety for approval prior to start of investigation activities. The DIPP will comply with the recent version of the regulation and applicable formatting and style requirements.

Permits and approval documentation are submitted for information only. Permits and approvals will be submitted in advance of field work.

6.1.6 Field Exploration Record Requirements
Field exploration records in raw form (with markups) will be submitted to the corps within 72 hours of completion of each exploration. The delivery mechanism of this will be a pdf scan of the field paper logs, emailed to the corps.

Field exploration records are submitted for information only to assist in review of the laboratory testing plan(s) and are superseded by draft and final records in the geotechnical report.

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Following submittal of field explorations and completion of laboratory testing the final logs will be entered into the approved database system.

6.1.7 Laboratory Testing Plan Requirements
HDR will submit a laboratory testing plan (LTP) for each reach following completion of design phase field investigation, or for the entire system following completion of preliminary investigation. Given the fast-paced schedule of this project, HDR assumes that interim submittals will be permissible to allow for laboratory testing to proceed on some exploration samples in advance of completion of subsurface work. HDR will provide adequate field justification and appropriate field information to make reasonable selection of samples for testing.

The laboratory testing plan will include specific testing information including exploration and sample ID of each sample selected for testing, testing method, specialized laboratory instructions (such as confining pressures used for triaxial testing), and other related information. The plan will be presented as a Microsoft Excel file. Included with the plan will be the marked-up draft field logs showing the locations and types of testing that will be completed.

Laboratory testing will be compliant with the applicable ASTM standards and will include photos of samples for tests of strength or permeability or consolidation properties, and reporting will comply with the ASTM reporting requirements.

Testing will be completed at an MTC certified laboratory. The laboratory will be available for inspection by USACE throughout the project during business hours.

KeyLAB is required to be used to store and process laboratory data.

HDR understands that failure to meet these requirements may result in rejection of the laboratory results and require re-sampling and/or re-testing without additional compensation.

6.1.8 Geotechnical Data Report Requirements
Preconstruction engineering and design (PED) level studies will be supported by data summarized in GDR prepared for this work. The GDR’s will be prepared consistent with the requirements of ER 1110-2-1150 and EM 1110-1-1804.

If the options are authorized, two phases of study will be completed for the work: 1) A PGDR will be prepared for Reaches P through S; and 2) reach specific GDR’s (GDR) will be prepared for each reach. The objective of the preliminary GDR is to obtain adequate information to allow for better more targeted exploration for future reach specific design studies, while the objective of the reach specific GDR’s is to provide adequate detail for final design.

The reach-specific (design level) GDRs will include discussion of each of the following items as applicable to that reach:
• Project background, basis of stationing/elevations, and other general information. • Geologic, geomorphic, seismotectonic, and stratigraphic information at a regional and local scale.

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• Documentation of previous studies by others including a summary of the existing usable data, with that data included in an organized Appendix. • Groundwater conditions and variability with time.
• Summary of current investigation activities including pre-field activities, biological and cultural clearance activities, exploration methods, and sampling procedures. Will include discussion of calculations such as (N1)60 calculations and supporting assumptions. The calculations will be supported in the appendix and by electronic deliverables of the calculation spreadsheets or other calculation routines in original format.
• Summary of laboratory testing completed for the work including type, quantity, and standards. Laboratory testing will be entered into the KeyLAB software database and said database will comply with USACE standards and be provided as an electronic deliverable.
• Summary of conclusions drawn about generalized subsurface conditions including summary of embankment, blanket, and aquifer conditions and statistical information about data collected from units. Recommendations regarding sub-reaches for consideration may also be included as appropriate.
• Figures including:
o Vicinity Map.
o Regional fault map.
o Geomorphologic/geologic map(s).
o Map identifying reach location and existing and new explorations. o Map of historic channels, breaches, and other features of interest. o Note that Esri ArcGIS database/shapefiles will be provided in electronic format for figures. Exploration locations will include updates to the data required by the GIP.
• Appendices including:
o Compilation of geotechnical and geologic studies by others and relevant historical documents such as as-built data organized by type and as applicable by reach.
o Groundwater data and reports of significance.
o Explorations by others (include CPT, Borings, and related data where data is of a quality to be usable).
o Laboratory Tests by Others (organize by test study and test type). o New Explorations (i.e., Boring Logs and Hammer Energy Measurements calibrated for project; cone penetrometer test results, vane shear test results).

Explorations will be logged and entered into a Holebase database. Include as an electronic deliverable the boring database (Holebase).

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o New Laboratory Testing Results. Laboratory test reports will be submitted in a KeyLAB software database file along with both paper hard copy and PDF electronic copy formats.
o Surficial Geologic Mapping Updates. The GIS data will also be provided as an electronic file.
o Plan and Profile Sheets at 40 scale. Plan and profiles with existing and new boring and CPT stick logs will be created and updated to incorporate existing and new explorations. The plan and profile sheets should generally use style and format similar to that outlined in Appendix C of Draft EM 1110-2-1913 (https://usace.contentdm.oclc.org/ digital/collection/p16021coll9/id/2585) or the final version of requirements from that standard when released. Plan and profile will follow typical Sacramento District USACE guidelines/standards for CAD drawings including standard border, template, and styles. The CAD files will be provided as electronic files with original data and externally referenced files provided as a complete package and will be compatible with AutoCAD Civil 3D (2021).
o Geophysical results presented as 2D profiles should be overlain on plan and profile sheets where applicable and available.

For the PGDR, the outline and format will be similar to that for the reach-specific GDR; however, the quantity and level of detail are reduced with a focus on regional information and general data where more specific data is not yet available. The PGDR is intended to support creation of the reach specific GDR’s.

The format of the deliverables associated with the GDR’s will be as follows:
• Geotechnical Data Report (PDF, and for main text file provide electronic .docx format)
• Plan sheets showing plan view and profile with explorations at 40 scale compliant with standard DWR presentation. (PDF, and provide DWG files) • Exploration records (PDF, and provide original electronic files including both OpenGround Database File(s), CPeT-IT database for CPTs, raw geophysical data for geophysics)
• Laboratory Test Reports (PDF, and provide KeyLAB database)

6.2 Field Work Requirements

6.2.1 Drilling and Sampling Requirements
Explorations will be located and scoped as required by EM 1110-2-1913, SOP-3, and (to the extent practical and where not in conflict with federal requirements) to comply with DWR’s guidance documents. Explorations will generally extend a minimum of 60 feet to a maximum of 100 feet below the ground surface expect for locations such as the degrading of the training levee or construction of approach embankments for roads where deeper explorations are not needed and can be on the order of 25 to 40 feet minimum depths. Where soft, loose, or potential key in material are encountered then

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excavations may need to be extended deeper to extend a minimum of 20 feet into key in material or to 10 feet beyond soft or loose material.

Drilling and field methods and equipment will comply with EM 1110-1-1804 and applicable ASTM standards for the method of investigation authorized. Field characterization of soils will comply with ASTM D2488 and DWR field logging guidance.

Borings, cone penetrometer testing, and seismic cone penetrometer testing equipment will be calibrated during the project with proof of calibration included in the GDR. Project specific calibration will include project specific hammer energy calibration for drill rigs and calibration of CPT sensors at least once per every six months for each rig involved. More frequent calibration may be required for sensors that are sensitive to disturbance or prone to damage such as pressure sensors on the CPT rigs.

Sampling procedures during the drilling operations will include penetration tests (and measurement of blow counts) or sampling using undisturbed type samplers (such as Shelby tube samplers with observed pressures recorded every foot). They will be performed in maximum 2½- to 3-foot intervals to a depth of 50 feet and 5-foot intervals below that depth as well as sampling at changes in stratigraphy for the entire depth of the exploration for sampling including, but not limited to, disturbed sampling methods such as SPT and Modified California samplers as well as undisturbed sampling such as from D&M piston and Shelby type samplers. Sampler type will be selected consistent with the type of sampling appropriate to the soil characteristics. Undisturbed samplers will for example be a minimum of 3 inches in diameter and be characterized as thin walled. Mod-Cal samplers will be at least 2.4 inches inside diameter (smaller diameter California samplers are not allowed). If sonic drilling is approved for use in an area, then continuous coring or sampling will be used.

Samples sensitive to moisture loss or disturbance (such as undisturbed Shelby tube samples) will be sealed, transported, and stored to limit moisture loss and/or disturbance to the sample consistent with practices outlined in EM 1110-2-1804 and related guidance. For laboratory testing where results may be impacted by quality of the samples (such as consolidation testing or strength testing), the samples tests should be scheduled as early as practical (start testing no later than four weeks after sampling) to avoid damage or other impacts from mid- or long-term storage.

It is proposed that an average of one pore pressure dissipation test will be conducted for every two CPT explorations. Conduct to these tests within the aquifer, or a coarse- grained material set if no consistent aquifer unit is encountered. If no coarse-grained materials are encountered, then this requirement may be waived. The intent of this requirement is to better establish groundwater for better interpretation of CPT data, and to allow for interpolation of in-situ conditions such as permeability. In addition, three tests per reach will be completed within the blanket material to evaluate consolidation / permeability. Dissipation tests (blanket, aquifer) results will be reviewed in real time and if test results are inconclusive then the test depth will be adjusted and the test re-run. If pressure sensors fail, then pull and replace the sensor, and repush the CPT in an adjusted location.

Blow count data and sampling will be conducted per the applicable ASTM standards. A minimum of 10 times per reach back-to-back split spoon penetration tests (SPT) and Mod-Cal tests will be completed within the same soil unit to allow for cross correlation.

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These correlation tests will be completed near CPTs where feasible. Regardless, these tests will be used with energy calibrations and related information to correct Mod-Cal samplers to appropriate equivalent (N1)60 values where used with final correlations and values presented in the GDR and excel spreadsheets or similar raw data files provided with the submittal.

Other requirements include:
• Proposed exploration locations, types, and depths will be reviewed and approved by USACE, with the total quantity and type of explorations outlined above. • The City of Woodland will be responsible to obtain required Right of Entry on public areas and on private property after exploration locations have been finalized. • Provide traffic control as needed or as required by encroachment permits. • Notify USACE a minimum of seven (7) calendar days prior to starting field explorations.
• Drilling technique using fluids within the levee prism or easement will require DIPP review by USACE RMC. However, methods selected will balance need for high quality sampling and testing data (e.g., methods that limit heave) against limitations on use of fluids.
• After completion of work, the borings will be immediately backfilled with neat cement in accordance with County and State regulations.
• Leftover cuttings will be containerized and disposed off-site, and the drilled area will be cleaned prior to leaving the site, each night. The site will be restored to its original condition as much as practically possible. Environmental testing for off-site disposal will be completed as needed.
• Upon completion of soil boring activities or major task, the Contractor will survey the locations of the borings in NAD 83 datum horizontal control and NAVD 88 datum vertical control using the same datum and level of accuracy as required for design.

Coordinate with SPK Survey Team to validate Survey Control.

Data management requirements include the requirement to use Holebase (Bentley) software using the USACE database template/style to generate a database for explorations. Use of gINT is not allowed.
7 Fee Estimate
The fee estimate for HDR’s scope of work described herein is $1,554,903.60. This fee is for Lower Cache Creek Levee Program, Reaches N through S and scope described in Sections 1, 2, and 4 above. A fee associated with the options presented in Section 5 will be developed upon the Team’s selection of which elements of Section 5 to progress. All work will be performed on a time and materials basis.

Page 131 ends

Lower Cache Creek Interstate
Reaches N through S – Geotechnical Engineer
16 | September 2023
8 Schedule
The following general schedule milestones have been assumed when preparing this scope of work and fee estimate:
• NTP – October/November 2024
• Geotechnical Analyses – January 2024
• Draft Geotechnical Design Report – March 2024
• Final Geotechnical Design Report – May 2024
• Review of Civil Design 65 percent package – August 2024

Page 132 ends

455 Un
iversity Ave. Suite 100  Sacramento, California 9 5825  Phone: (916) 456-4400  Fax: (916) 456-0253  Website: www.mbkengineers.com Water Resources  Floo d Control  Water Rights WALTER BOUREZ, III, P.E. FOUNDERS:

DON TRIEU, P.E.

DARREN CORDOVA, P.E. ANGUS NORMAN MURRAY
NATHAN HERSHEY, P.E., P.L.S. 1913-1985
LEE G. BERGFELD, P.E. JOSEPH I. BURNS
BEN TUSTISON, P.E. 1926-2021
THOMAS ENGLER, P.E., CFM DONALD E. KIENLEN
MICHAEL MONCRIEF, P.E. 1930-2023

NICOLE ORTEGA-JEWELL, PMP
KYLE KNUTSON, P.E.

ANNE WILLIAMS, P.E.

September 19, 2023
M
r. Ken Hiatt
Woodland City Manager
300 First Street
Woodland, CA 95695
Subj
ect: Amendment Number 11 to City of Woodland Professional Services Agreement No. CM000301 – MBK Contract for Engineering and Project Management Support Services through December 2024
Dear Mr. Hiatt:

Enclosed is a Scope of Work to support a contract amendment for MBK Engineers (MBK) to provide project management and engineering services for the Lower Cache Creek preconstruction, engineering and design (PED) efforts for the USACE’s authorized feasibility study. We will continue to assist the City of Woodland (City) in achieving flood risk reduction in a manner that is supportive of community objectives; fiscally responsible; compatible with the federally authorized projects for flood management within the region; and supports the Central Valley Flood Protection Plan, adopted by the California Central Valley Flood Protection Board.

MBK anticipates continued assistance to the City through December 2024, as the USACE’s continues into PED. Support to the City includes providing hydraulic model development and analysis which will be used towards the non-Federal sponsor’s in-kind credit for the PED phase of the project. In January 2023, the City provided $100,000 towards this effort. The effort has now been scoped with USACE and the final cost estimate is $338,758. A detailed scope of work is attached as Exhibit 1. Additionally, project management support will be provided which includes coordination with the Corps and DWR in managing all aspects of this PED effort. A more detailed scope of work is attached as Exhibit 2.

This budget incorporates MBK’s 2023 Schedule of Fees (Exhibit 3). Although the intensity of our efforts is difficult to determine based on the nature of the work, we anticipate that an additional $338,758 will be expended through December 2024 which includes the balance for the hydraulic efforts and project management support. MBK efforts are charged on an actual time-and-expense basis. As a result, our contract will increase from $1,144,000 to $1,482,758.

Page 133 ends

Ken Hiatt September 19, 2023
Amendment No. 11 to MBK Contract through December 2024 P age 2 We appreciate the opportunity to assist you with this effort. Please let me know if you have any questions.

Sincerely,

MBK ENGINEERS

Nicole Ortega-Jewell, PMP

SG
R:\Flood Control/Woodland/PED for LCC Final Feas Rpt/Contract with City of Woodland for PED/Amendment No. 11 through 2024

Enclosures: Scope of Work
2023 MBK Schedule of Fees

Page 134 ends

EXHIBIT 1

SCOPE OF WORK FOR HYDRAULIC MODELING AND ANALYSIS FOR LOWER CACHE CREEK, CA Task 1

1. Evaluation of available topographic terrain data for PED hydraulic model 26 4,970$

2. Acquistion of topographic/bathymetric data if deemed necessary. 0 -$

3. Building terrain tif files for HEC-RAS 2D. 34 7,670$

4. Geometry Set-up with model domain of RAS2D replicate the Feasibility Study Tuflow model. 152 33,600$

5. Unsteady flow simulations set-up with inflow boundary locations replicating the Feasibility Study Tuflow Model. 50 10,510$

6. Without project n-year simulations as performed in Tuflow Feasibility Model. 56 13,000$

7. Calibration of Existing Conditions Model replicating the calibration performed in Feasibility Phase. 88 19,280$

8. Levee Breach Analysis for Existing Conditions at 8 index locations replicating Tuflow Feasibility Model Breach Analysis (Optional Item) 60 11,340$

9. Development of inundation maps, depth grids, velocity maps, velocity grids for n-year simulations. 58 10,350$

10. Development of Water Surface Profiles for Existing Conditions. 34 7,430$

11. Differential Analysis associated with depths and velocities for the Tuflow Feasibility Model and HEC-RAS 2D Model results. 68 13,700$

12. Documentation of Existing Conditions per HBOD requirements. 112 27,240$

13. QC of Existing Conditions and assist with responding to comments for multiple USACE Reviews. 56 14,680$ 173,770$ Task 1 Subtotal
Task 2

1. Project Conditions geometry set-up replicating feasibility study Tuflow Model. 50 11,670$

2. With project n-year simulations as performed in Tuflow Feasibility Model. 56 13,000$

3. Levee Breach Analysis for Project Conditions at 8 index locations replicating Tuflow Feasibility Model Breach Analysis (Optional Item) 60 11,340$

4. Development of inundation maps, depth grids, velocity maps, velocity grids for n-year simulations. 58 10,350$

5. Development of Water Surface Profiles for Project Conditions. 34 7,430$

6. Documentation of Project Conditions based on HBOD requirements. 92 21,940$

7. QC of Existing Conditions and assist with responding to comments for multiple USACE Reviews. 56 14,680$ A quality control certificate will be provided by NFS. 0 -$ 90,410$ Task 2 Subtotal
Task3: Development of Design Water Surface Profiles.

1. Review Development of Water Surface Profiles
Total
Hours Cost

Page 135 ends

1.1 Sea Level Change/Climate Change Assessment 28 7,460$

1.2 Land Subsidence 28 7,460$

1.3 Risk Analysis 40 10,680$
25,600$ Task 3 Subtotal
289,780$ Tasks 1-3 Subtotal
28,978$ 10% Contigency
20,000$
Other NFS (Wood
Rodgers) - Support
pulling out
input/output data
from TUFLOW model
for use in Task 1 and 2.
338,758.0$ Grand Total

Page 136 ends

EXHIBIT 2

SCOPE OF WORK FOR PROJECT MANAGEMENT ACTIVITIES
Hours Cost Activities
Principal Support 48 (4 hrs a month) $13,200
Attend meetings with Corps, DWR and City as needed; assist PM as needed.

PM Support 384 (32 hrs a month) $86,800
Primary role is coordination with Corps, State and City on activities necessary to complete PED; build relationship with Corps PM to help facilitate efficiencies in schedule and budget; attend PM and design team lead meetings twice a month; attend PDT meetings twice a month; attend monthly meeting with Ferguson Group and prepare necessary paperwork for Congressional involvement in budgeting or other information that may be needed at the Washington level; prepare briefing papers/issue papers as needed; keep abreast of Corps guidance for design and construction; assure in-kind credit is being documented as need to obtain credit.

TOTAL $100,000

Page 137 ends

1/23
455 University Avenue, Suite 100  Sacramento, CA 95825  916/456-4400 (voice)  916/456-0253 (fax)

SCHEDULE OF FEES

1. Standard Fees:

Per Hour
Principal/Principal Engineer $220–290
Supervising Engineer 200–275
Senior Project Manager 200–275
Senior Engineer
Project Manager
170–240
170–230
Engineer/Hydrologist 140–200
GIS Professional 130–200
Water Resources Associate 110–190
Assistant Engineer 110–190
Prevailing Rate Surveyor, Chief of Party 209*
Prevailing Rate Surveyor, Rodman/Chainman 194*
GIS Specialist 90–160
Technician/Drafter 90–160
Junior Engineer 90–135
Engineering Aide 50–95
Technical Editor 60–135
3-Person Survey Crew 350
2-Person Survey Crew 295

*Subject to CA Department of Industrial Relations (DIR) wage determinations

2. Time spent in appearances at courts or quasi-judicial State or Federal boards and commissions is billed at $500 per hour for principals and supervising engineers, $450 per hour for registered engineer staff, and $275 per hour for other staff.

3. Automobile mileage is billed at the Federal reimbursement rate. Local mileage (less than 20 miles) will not be billed.

4. All other direct non-salary expense, including, but not limited to, transportation and subsistence, commercial printing, reproduction costs, and similar out-of-pocket expenses are billed at actual cost plus a service charge of 10%. Use of GPS equipment is billed at $60 per hour. Use of MBK owned boat will be billed at $155/day. Use of MBK owned drones will be billed at $150/day or as specified in a separate agreement. Professional services provided by others billed through MBK will be billed at cost plus a service charge of 5% or as specified in a separate agreement.

5. Billings will be made monthly and payment will be due within 45 days. Accounts not paid within 90 days of presentation will bear interest at the rate of 1½% per month or fraction thereof from the billing date unless other arrangements are made in advance.

6. If accounts are not paid within 90 days of presentation, the firm may retain an attorney to obtain payment. In the event that it does so and payment of all or part of the account is thereafter obtained, reasonable attorney’s fees and other costs incurred to obtain such payment shall also be paid, or if payment is obtained by Judgment, shall be awarded as part of the Judgment.

Page 138 ends

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.12
SUBJECT: Contract Amendment #2 with West Yost for the
Spring Lake Recycled Water Project, CIP #17-07

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, to authorize the City Manager to execute contract amendment #2 with West Yost Associates (West Yost) for the Spring Lake Recycled Water Project, CIP #17-07, for an amount not to exceed $17,668.

Staff Contact:

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

Fiscal Impact:

The funding for the Spring Lake Recycled Water Project, CIP #17-07 is included in the Capital Budget approved by City Council on June 20, 2023 with a project budget of $440,000. The project qualified for a grant and loan package from the State of California’s State Revolving Fund (SRF) program. Resolution No. 7873 approved the agreement on April 5th, 2022. The grant and loan package includes $550,000 in grant funding and approximately $2.3 million in a loan at 0.55% interest for 30 years. The contract with West Yost for engineering design services is currently $309,301. Amendment 2 would bring the contract total to $326,969.

There is no impact on the General Fund. No additional funding is being allocated to CIP #17-07 at this time as the existing budget is sufficient to cover the contract amendment with West Yost for the design contract.

Background:

The City of Woodland’s Water Pollution Control Facility (WPFC) currently produces Title 22 tertiary treated effluent which is suitable for a wide variety of uses, including certain industrial processes, landscape irrigation, and agricultural irrigation. A few large industrial and irrigation water customers began using recycled water in 2017 from the beginning of the recycled water utility. Utilizing recycled water for certain industrial and irrigation uses matches water quality to the best use of that water and reduces demands on the potable water system. As a result of the drought, the State of California is advocating for the use of recycled water and the State Water Resources Control Board (SWRCB) has streamlined the permitting process for recycled water systems in addition to providing grants and low interest financing.

The Spring Lake Recycled Water Project will provide recycled water for commercial and landscape irrigation uses. The project will primarily provide recycled water for city-owned landscape irrigation, including along streets and parks in the Spring Lake area. Developments within Spring Lake have already constructed portions of the necessary recycled water piping, including within two City parks. This project will complete the missing pipe segments and convert the landscape irrigation services to recycled water supply. The recycled water will also be available for commercial uses that are consistent with Title 22. The pipeline is approximately 10,000 feet in length and will include connections to landscape irrigation along the alignment. Future project extensions would expand recycled water availability within the Research & Technology Park and west of Highway 113.

The City has secured a funding agreement with the California State Water Resources Control Board

Page 139 ends

for a project funding amount of $2,832,018, of which $550,000 is a grant component. The remainder of the funding amount ($2,282,018) is a loan component at an interest rate of 0.55%. The design contract is eligible for reimbursement as part of the Spring Lake Recycled Water Project funding agreement (Agreement No. D2101047, Project No. C-06-8384-110).

Discussion:

West Yost is completing the design of the Spring Lake Recycled Water Project to assist with development of this next phase of expanding the recycled water utility. Additional work is needed for two main reasons. The first reason involves surveying and preparation of a utility easement for a stretch of the recycled water main to be installed on the west side of Harry Lorenzo Avenue. This easement work was not included in the original contract with West Yost because the land was expected to be dedicated to the City before project construction. The land is still expected to become city property via land dedication but not before construction of the recycled water pipeline. Additional costs are not expected associated with the easement beyond preparation of the documents. The second reason for this design contract change order is because of a conflict with the traffic signal intersection project which intends to install a streetlight directly on the designed recycled water alignment. The conflict was discovered after the initial contract with West Yost, and total costs related to the redesign are expected to be minimal.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, to authorize the City Manager to execute contract amendment #2 with West Yost Associates (West Yost) for the Spring Lake Recycled Water Project, CIP #17-07, for an amount not to exceed $17,668.

Prepared by: Tim Busch, Principal Utilities Civil Engineer

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

Attachments:

1. Resolution

2. Proposal

Page 140 ends

82093.00006\8679936.2
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF WOODLAND APPROVING A CONTRACT AMENDMENT WITH WEST YOST FOR SPRING LAKE RECYCLED WATER PROJECT, CIP 17-07
WHEREAS, the City entered into a professional service agreement with West Yost Associates (West Yost) for the Spring Lake Recycled Water Project, CIP #17-07 (the “Agreement”), for an amount of $275,389; and
WHEREAS, the City Council approved a contract amendment for the amount of $33,912 via Resolution No. 8045 for additional potholing to inform design alignment considerations to avoid potentially costly contract change orders during construction; and WHEREAS, the City has identified the Spring Lake Recycled Water Project, CIP #17-07 to be a priority; and
WHEREAS, West Yost has requested additional budget for easement preparations and additional work for final construction documents at the cost of $17,668 for a total contract amount not to exceed $326,969; and
WHEREAS, the City Council wishes to approve the contract amendment and authorize its execution through the adoption of this Resolution.

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

Section 1. The City Council hereby approves the amendment between the City and West Yost for an amount of $17,668. The City Manager is hereby authorized and directed to execute the Agreement, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and confirming changes so long as the total dollar amount authorized in the Agreement does not change.

Section 2. Copies of the Professional Services Agreement for Engineering Services are available and on file in the City Clerk’s office, and are incorporated herein by reference and made a part of this Resolution.

Page 141 ends

82093.00006\8679936.2
PASSED AND ADOPTED by the City Council of the City of Woodland at regular meeting of the City Council held on the 3rd day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

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

Page 142 ends

2020 Research Park Drive

Suite 100

Davis CA 95618

530.756.5905 phone

530.756.5991 fax

westyost.com

September

8 , 2023

SENT VIA:

Matt Cohen

Associate Engineer

City of Woodland

Department of Utilities

300 First Street

Woodland, CA

95695

SUBJECT:

Spring Lake Recycled Water Project (CIP#17
-
07)
–

Budget Augmentation Request for
Additional
Design and Easement Preparation
Services

Dear
Matt:

The purpose of this letter
is to formally request additional budget for services requested by the City of Woodland (City) to
complete the
final design

for the Spring Lake Recycled Water Project (CIP#17
-
07)
(Project).

BACKGROUND

As the road
and

public
right
-
of
-
way
will be modified
to acco
mmodate planned
development

within the
Project area
,

t
he proposed pipeline alignment along Harry Lorenzo Avenue (HLA)
re
q
uired

significant
coordination with the City,
the developer and Cunningham Engineering
.

West Yost attended several
me
eting
s with the stakeholders to work through the
horizontal and vertical
locations for the rec
ycled
water pipeline

along HLA.

Based on preliminary discussions,
West Yost ha
d

design
ed the recycled waterline alo
ng HLA

and submitted
the design drawings to the City
.

After several coordination meetings, we
revise
d

the horizontal
alignment
based on the proposed development

and the
routing o
f the existing gas line

after additional data was
pr
ovided
.

We also modified the vertical alignment
in anticipation of future storm
drain crossings.

R
evisions

to five plan and pr
ofile sheets were required.

Due to the delay
s to the
Solara Ranch
land development project, an easement will be required for the proposed recycled water pipeline as it will be p
l
a
c
ed in service
before the developer
’
s land dedications to
the City
i
s completed. West
Yost proposes to
contract with Morrow Surveying, Inc., our project surveyor, to create the plat and de
scription for the
recycled waterline easement.

Last
ly,
the facilitie
s for the

new traffic signal at the intersection of Gibson and HLA conflict with

the
proposed alignment for the recycled waterline. West Yost will work with the City to revise the pipeline alignment to av
oid conflict.

Page 143 ends

Matt Cohen, City of Woodland

September

8 , 2023

Page
2 N
-
204
-
30 -
22 -
63 -
WP
-
Add’l Pothole Budget Aug

PROJECT
BUDGET

An itemized breakdown of the

budget
augmentation is summarized in Table 1 below. As of the date of this letter, the
realign
ment of the proposed pipeline al
ong HLA has been completed. We have preliminar
ily
reviewed alternatives for the Gi
bson and HLA traffic signal. The ea
s
ement
preparati
o
n

has not
started.

West Yost perform
ed

the Scope of
Services

described above on a time
-
and
-
expenses

basis, at the billing
rates set forth in
the executed prime contract. The total amount of budge
t being requested with this
augmentation is

$
17,668
.

Table 1. Summary of Budget Augmentation Request

Task

Curren
t

Contract,
dollars

Add
itional

Budget
Requested, dollars

Estimated Budget,
dollars

Task 1.

Project Management

1 4
,365

0 1
4 ,365

Task 2.

Topographic Survey

18,590

0 18,590

Task 3.

Preliminary Research

23,580

0 23,580

Task 3A. Trenchless Analysis

21,252

0 21,252

Task 4.

Geotechnical Desktop Study

6,050

0 6,050

Task 5.

65% Construction Documents

45,708

0 45,708

Task 6.

Utility Locating

16,885

0 16,885

Task 7.

Utility Potholing

91,960

0 91,960

Task 8.

95% Construction Documents

44,956

0 44,956

Task 9.

Final Construction Documents

15,016

11,618

26,634

Task 10.

Bid Phase Services

10,939

0 10,939

Task 11.

HLA
Ease
m
e
nt Preparation

0 6,050

6,050

Total
Project Budget

$
309,301

$
17,668

$
326,969

SCHEDULE

To meet the
design

schedule,
West Yost
has already completed the
design
work

along HLA. We will
prepare the easement

documents within four weeks of notice to procee
d
. Lastly, we

are available to begin
coordination with the City to resolve the
conflict with the Gibson/HLA traffic signal.

Thank you for
providing

West Yost the opportunity to
be of continued service
to the
City of
Woodland.

We look forward to working with you on this important project.

Please call if you have any questions or
require additional information.

Sincerely,

WEST YOST

Robert
S. Reid
, PE

Lindsay Smith

Principal Engineer

Vice President

RCE

#
49624

Page 144 ends

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 3, 2023
ITEM #: G.13
SUBJECT: Appropriation to Fund 2012 for Fire Department Vehicle Replacements

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to:

1. Appropriate $24,860 to the Vehicle Replacement Fund (Fund 2012) to cover additional costs associated with the replacement of vehicle #074.

2. Appropriate $109,809 to the Vehicle Replacement Fund (Fund 2012) for the replacement of vehicle #737.

Staff Contact:

Eric Zane, Fire Chief (530) 661-5861, [email protected]

Fiscal Impact:

The funds needed for both vehicles are available within the Fire Department’s vehicle reserve fund balance.

Background:

The existing vehicles were scheduled for replacement in FY22. However, due to the supply chain shortages resulting from the COVID-19 pandemic, production of the replacement vehicles was significantly delayed, resulting in increased costs.

Replacement of #074
In September 2021, Council approved the lease purchase of the replacement vehicle for #074 with a total purchase price of $310,033.82. After a down payment of $70,538, the leased amount totaled $238,995.82 with payments of $38,345.89 over seven years. The Fire Department was notified in July 2022 that the manufacturer had canceled the original chassis order and was no longer accepting orders from government agencies. In order to avoid further delays in production, the decision was made to purchase a chassis from another manufacturer who was still accepting orders. This resulted in a change order of $13,986.20 due to having to buy a newer model year chassis, compounded with post COVID-19 inflation. Additionally, the radios and graphics needed for this unit, totaling $10,872.97, were never purchased. Since the lease purchase agreement for this replacement vehicle has already been executed, these additional funds will need to be paid directly to the vendors by the City. The Fire Department has agreed to utilize Strike Team funds, set aside specifically for vehicle replacement, to cover this cost increase.

Replacement of #737
The replacement of vehicle #737 was approved in FY22 and the contract was awarded to National Auto Fleet Group, under the Sourcewell master vehicle contract #120716-NAFG (now 90125-NAF) which satisfied all bid requirements. While the funds for the replacement were budgeted and encumbered in FY22, the purchase of this vehicle was also delayed due to lack of available chassis and the funds were inadvertently not rolled over into FY23. Again, as a result of having to purchase a later model year chassis and post COVID-19 inflation, the cost of the replacement of this vehicle has

Page 145 ends

increased by approximately $30,000 over the original purchase price quoted in FY22. This vehicle will replace two Fire Department vehicles, #737 and #589, resulting in the removal of vehicle #589 and an overall reduction in the fleet. Vehicle #589 was previously used as the Arson Investigation van. However, technological advances and regional partnerships such as the Sacramento-Sierra Arson Taskforce have allowed the department to significantly downsize the amount of equipment needed on fire investigations, eliminating the need for a dedicated vehicle. Due to the fact this replacement is being funded by two different vehicles, the additional funds needed for this purchase were already available within the Fire Department’s reserve balance.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to:

1. Appropriate $24,860 to the Vehicle Replacement Fund (Fund 2012) to cover additional costs associated with the replacement of vehicle #074.

2. Appropriate $109,809 to the Vehicle Replacement Fund (Fund 2012) for the replacement of vehicle #737.

Prepared by: Jeran Scruggs, Management Analyst

Reviewed by: Eric Zane, Fire Chief

Attachments:

1. Resolution - Fleet Appropriation

2. 074 Radio Quote

3. 074 Graphic Quote

4. National Auto Fleet Group Quote- 737

Page 146 ends

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND AUTHORIZING THE APPROPRIATION OF $134,669 TO FUND 2012 FOR THE PURCHASE OF REPLACEMENT VEHICLES FOR #074 AND 737
WHEREAS, the Woodland Fire Department wishes to purchase a Fire Utility Vehicle in the amount of $109,809; and
WHEREAS, there have been additional costs in the amount of $24,860 incurred for the purchase of a previously approved and lease-purchased Type V Wildland Engine; and WHEREAS, both vehicles were approved and funded in FY22 but have encountered extended build times and cost increases due to supply chain shortages resulting from the COVID 19 pandemic; and
WHEREAS, the Woodland Fire Department has the funds needed for both vehicles available within the Department’s vehicle reserve fund balance.

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

SECTION 1. Authorizes the City Manager to appropriate $24,860 to the Vehicle Replacement Fund (Fund 2012) to cover additional costs associated with the replacement of vehicle #074; and
SECTION 2. appropriate $109,809 to the Vehicle Replacement Fund (Fund 2012) for the replacement of vehicle #737.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 3rd day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Fernandez, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

Page 147 ends

QUOTE-1619614

WOODLAND FIRE DEPT, CITY OF

12/08/2021

The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.

Page 148 ends

12/08/2021

WOODLAND FIRE DEPT, CITY OF
520 COURT ST
WOODLAND, CA 95695

Dear Matt Stokes,

Motorola Solutions is pleased to present WOODLAND FIRE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide WOODLAND FIRE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to John Howard at [email protected].

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,

John Howard

Motorola Solutions Manufacturer's Representative

QUOTE-1619614

Page 149 ends

Billing Address:

WOODLAND FIRE DEPT, CITY
OF
520 COURT ST
WOODLAND, CA 95695
US

Quote Date:12/08/2021
Expiration Date:03/08/2022
Quote Created By:

John Howard
[email protected]
End Customer:

WOODLAND FIRE DEPT, CITY OF
Matt Stokes
[email protected]

Contract: 22575 - SACRAMENTO, CA

Summary:

Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

APX™ 8500

1 M37TSS9PW1AN

APX8500 ALL BAND MP
MOBILE

1 $5,667.00

$4,250.25

G996AS

ENH: OVER THE AIR

PROVISIONING

1 $110.00

$82.50

G51AT

ENH:SMARTZONE

1 $1,650.00

$1,237.50

G78AT

ENH: 3 YEAR ESSENTIAL
SVC

1 $176.00

$176.00

GA05509AA

DEL: DELETE UHF BAND

1 -$800.00

-$600.00

GA01606AA

ADD: NO GPS/WI-FI

ANTENNA NEEDED

1 $0.00

$0.00

B18CR

ADD: AUXILIARY SPKR 7.5

WATT APX

1 $66.00

$49.50

G89AC

ADD: NO RF ANTENNA
NEEDED

1 $0.00

$0.00

G444AH

ADD: APX CONTROL HEAD

SOFTWARE

1 $0.00

$0.00

G67EH

ADD: REMOTE MOUNT E5 MP

1 $327.00

$245.25

QUOTE-1619614

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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Woodland City CouncilOctober 3, 2023

Woodland City Council
October 3, 2023