“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” The following table indicates a summary of Stewart Engineering’s advertisements.
Publications Advertisement Date Bid
Opening
Date
Number of
Days
Published
Supporting
Documents
Provided
Compliance News
Daily Focus Journal
January 7, 2022 January
25, 2022
1 Yes
Compliance News
Monthly Trade
Journal
January 7, 2022 January
25, 2022
1 Yes
Stewart Engineering provided a copy of the advertisements in the GFE supporting documentation.
2. Documentation of Solicitation Efforts and Follow Up
In Part B of the “DBE Good Faith Efforts Documentation” form, the Stewart Engineering was to list the name of DBEs solicitated, the date of initial solicitation, items of work offered, and the follow up methods. Stewart Engineering stated, “Please See Attachment C.”
Stewart Engineering indicated that they utilized the California United Certification Program (CUCP) on January 7, 2022. However, Stewart Engineering did not provide the search results from their query.
ESB performed an independent search of the CUCP database using the criteria of Caltrans District 2 and the services needed for this contract:
Work Code Category
C1200 Construction Area Signs
C1201 Traffic Control Signs
C1290 Temporary Railing (Type K)
C8396 Crash Cushion
C2066 Temporary Erosion Control
C8852 SWPPP Planning
C8792 Environmental - Biological Studies
C8001 Temporary Fencing
C1901 Roadway Excavation
C1920 Structure Excavation
C1930 Structure Backfill
C2602 Aggregate Base
C5100 Concrete Structure
C5190 Joint Seal – Water Stop
C5201 Reinforcing Steel
A0781 Landscaping, Tree Services
C6500 Reinforced Concrete Pipe
Packet Pg. 243 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036)
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” C7035 Welded Steel Pipe
C7200 Rock Slope Protection
C7301 Concrete Curb & Sidewalk – Misc.
C5105 Minor Concrete Structure
C2065 Irrigation System
C1522 Rest, Adjust Roadway Items
C6900 Downdrain
C8101 Survey or Historical Monument
C8000 Fencing
C8501 Pavement Marker
C8201 Object Marker
C5620 Roadside Sign
C8330 Metal Railing
C8331 Concrete Barrier
C8405 Thermoplastic Traffic Striping & Marking
C8407 Remove Pavement Marking & Traffic Stripes
ESB identified a total of 161 certified DBE firms, not including trucking.
Stewart Engineering sent an Invitation to Bid (ITB) to 46 DBE firms. The method was not specified. However, they did provide proof of each ITB that was sent to the DBE firms. ESB notes that Stewart Engineering provided a solicitation log with 53 firms, 46 of these are current, certified DBE firms.
Date Solicitation Method Total
January 7, 2022 Initial Not Specified 46
Date Solicitation Method Could
Not
Contact
Not
Bid
Will
Bid
Interested Total
January 7,
2022
Initial Not
Specified
- 38 8 - 46
Stewart Engineering provided the results of the initial solicitation effort on January 7, 2022.
The results are summarized below:
• 38 DBE firms indicated they would not bid
• 8 DBE firms would submit a bid
There is no evidence or assertion that Stewart Engineering followed up with the DBE firms in an effort to actively and aggressively obtain DBE participation sufficient to meet the DBE contract goal. Bid opening is on January 25, 2022, which allows an additional 18 days, after their initial efforts on January 7, 2022, for Stewart Engineering to follow up and continue solicitation efforts. With additional efforts, such as following up with the DBE firms, this could have increased DBE participation.
At bid time, Stewart Engineering had confirmations for six DBE firm, resulting in 11.46% DBE participation, as a result of their solicitation efforts.
Packet Pg. 244 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036)
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”
3. Work Made Available to DBEs
In Part C of the “DBE Good Faith Efforts Documentation” form, selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved, including breaking out contract work items into economically feasible units to facilitate DBE participation.
Stewart Engineering provided a list of items of work offered, services offered, or materials supplied, including construction surveying and staking, construction area signs, traffic control system, type III barricade, temporary pavement marking, temporary traffic stripe, temporary signal system, portable changeable message sign, temporary alternative crash cushion, SWPPP, rain event action plan, temporary erosion control, asbestos compliance plan, contractor-supplied biologist, roadway excavation, structure excavation, structure backfill, conduit, bonded fiber matrix, class 2 aggregate base, hot mix asphalt, temporary shoring, structural concrete, joint seal, bar reinforcing steel, tree removal, reinforced concrete pipe, welded steel pipe, storm drain manhole, rock slope protection, detectable warning surface, minor concrete, remove concrete, miscellaneous metal, class 250 ductile iron pipe waterline, butterfly valve assembly, fire hydrant installation, forced balance expansion assembly, combination air valve, pressure test, pipeline disinfection and testing, adjust manhole to grade, under sidewalk drain, adjust survey monument, fencing, pavement marker, object marker, roadside sign removal and relocation, handrailing, concrete barrier, thermoplastic traffic stripe, storm water sampling and analysis day, storm water annual report, water quality sampling and analysis day, and water quality annual report.
According to the list of items of work provided, Stewart Engineering indicated that they made approximately $3,296,413.00 or 62.63% of work available to DBE firms.
4. Rejected DBEs
In Part D of the “DBE Good Faith Efforts Documentation” form, the Contractor was asked to list the items of work, names of firms that were selected over the rejected DBE firm, and the quote amount. If a non-DBE firm was selected over a DBE firm, provide the price difference, reasons for selection and evidence to why additional agreements could not be reached for DBEs to perform the work. Stewart Engineering stated, “Please See Attachment E.”
Stewart Engineering provided accepted and rejected DBE quotes. Stewart Engineering also provided the reasons why a non-DBE firm was selected over a DBE firm.
Work
Description
Accepted Firm &
Quote Amount
DBE or
Non-DBE
DBE Rejected &
Quote Amount
Reason
Hot Mix
Asphalt
Tullis Inc.
$128,040.00
Non-DBE S.T. Rhoades
Construction
$130,852.00
Selected as part of
sub. Package for Less
Stewart Engineering rejected the DBE firm, S.T. Rhoades, and accepted non-DBE firm, Tullis Inc., for bid item 36 (hot mix asphalt) due to a price difference of $2,785.00. S.T.
Rhoade’s quote includes mobilization for $3,200, while Tullis Inc.’s quote includes Packet Pg. 245 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036)
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” mobilization built into the price. It is also noted that while Stewart Engineer rejected one bid item from S.T. Rhoades’ quote, S.T. Rhoades was selected as a DBE firm for bid items 60-64 and 77.
5. Assistance Given on Plans, Specifications, and Contract Requirements In Part E of the “DBE Good Faith Efforts Documentation” form, Stewart Engineering stated, “Project Plans and Specifications were made available for review, copying and email upon request. Our staff is available to answer questions an offer technical assistance to interested parties.” A copy of their advertisements state that plans and specifications are available to view at the local builders exchange or at their office.
6. Assistance or Services Offered for Bonding, Lines of Credit, Insurance, Equipment, Supplies, Materials, or Related Assistance or Services
In Part F of the “DBE Good Faith Efforts Documentation” form, Stewart Engineering stated, “SEI offers assistance in bonding, necessary equipment, LOC, insurance and related information. No DBE’s requested assistance in regard to the above mentioned.” A copy of their advertisements state that Stewart Engineering offered the above services to DBE firms.
7. Contacting Recruitment Agencies
In Part G of the “DBE Good Faith Efforts Documentation” form, Stewart Engineering listed the Central Contractor Registration, Office of Small Business & DVBE Certification, the CUCP database and the DBE/DVBE Resource Center. However, there was no supporting documentation provided in the GFE package.
There is no evidence or assertion that Stewart Engineering contacted minority and women community organizations, minority and women contractors' groups, local, state, and federal minority and women business assistance offices, and other organizations.
8. Additional Good Faith Efforts
In Part H of the “DBE Good Faith Efforts Documentation” form, Stewart Engineering stated, “Reviewed prior quotes received on other contracts to find other potential DBE firms that may be interested and solicited bids from them.”
9. Bidder Comparison of Confirmed DBE Commitment
The lowest bidder, Stewart Engineering’s apparent DBE participation is 11.46% of the total bid. Stewart Engineering did not meet the contract goal of 19%.
The second lowest bidder, Abacus Construction, Inc.’s (Abacus) apparent DBE participation is 23.18% of the total bid. Abacus appears to meet the 19% DBE goal.
The third lowest bidder, J.F. Shea Construction, Inc.’s (J.F. Shea) apparent DBE participation is 16.49% of the total bid. J.F. Shea did not meet the 19% DBE goal.
The bids were as follows:
Packet Pg. 246 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Contract No. 02-BRLS-5068(036)
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Bid Rank Bidder Bid Amount Claimed DBE Commitment
1 Stewart Engineering $3,536,145.00 $405,322.00 or 11.46% 2 Abacus $3,703,673.40 $858,434.09 or 23.18%
3 J.F. Shea $3,835,010.00 $632,542.09 or 16.49%
CONCLUSION
ESB has determined that Stewart Engineering did not meet the contract goal and did not demonstrate adequate good faith efforts through soliciting by indirect and direct methods. ESB considers the quantity, quality, and intensity of the different kinds of efforts that Stewart Engineering has made. Based on the following facts:
• The second bidder appears to meet and exceed the DBE goal. The third bidder did not meet the DBE goal.
• Stewart Engineering reached out and published advertisements on Compliance News Daily Focus Journal and Monthly Trade Journal on January 7th. • ESB performed an independent search of the CUCP database using the criteria of Caltrans District 2 and the services needed for this contract. ESB identified a total of 161 certified DBE firms, not including trucking. • Stewart Engineering sent an ITB to 46 DBE firms. The method was not specified. • Stewart Engineering provided a solicitation log with 53 firms, 46 of these are current, certified DBE firms.
• Stewart Engineering provided the results of the initial solicitation effort on January 7, 2022. 38 DBE firms indicated they would not bid and eight DBE firms would submit a bid.
• There is no evidence or assertion that Stewart Engineering followed up with the DBE firms in an effort to actively and aggressively obtain DBE participation sufficient to meet the DBE contract goal.
• Bid opening is on January 25, 2022, which allows an additional 18 days, after their initial efforts on January 7, 2022, for Stewart Engineering to follow up and continue solicitation efforts. With additional efforts, such as following up with the DBE firms, this could have increased DBE participation. • There is no evidence or assertion that Stewart Engineering contacted minority and women community organizations, minority and women contractors' groups, local, state, and federal minority and women business assistance offices, and other organizations.
• Stewart Engineering did not demonstrate that they took all necessary and reasonable steps and available means to obtain sufficient DBE participation for this contract.
Packet Pg. 247 Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 248
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Attachment: 03-02-2022 Caltrans GFE Memo (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 289 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Abacus Construction, Inc / PO Box 761 / Palo Cedro CA, 96073 / (530) 215 3104 February 22, 2022
RE: Federal Aid Project No BRLS 5068(036) / City of Redding, California Bid Schedule 5180 Protest of Apparent Low Bidder
Mr. Chandler,
I am writing this letter as an official request from Abacus Construction, Inc. (Abacus) to investigate the Good Faith Effort of the apparent low bidder on a construction project put out for bid by the City of Redding, California on January 25, 2022.
The project in question is described as “CONSTRUCTION OF EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT”, CITY OF REDDING JOB NUMBER: 2477 / BID SCHEDULE: 5180 / FEDERAL AID PROJECT BRLS 5068(036)”
The project had a 19% DBE participation goal.
The apparent low bidder, Stewart Engineering, Inc. (SEI), submitted a bid of $3,536,145 with a DBE participation of $405,322.09 or 11.5%. In the documentation submitted with their bid, it is apparent that SEI received bids from qualified DBE subcontractors for Bid Items 87, 36 and 27, but did not utilize these contractors. If these bids were to have been used the SEI could have utilized an additional $206,102 towards the DBE Goal. Using this additional DBE commitment would have increased the DBE percentage to 17.3%.
In regards to Bid Item 87, the Contract involved building 250 linear feet of concrete barrier referred to in the contract as Concrete Barrier Type 732SW. SEI submitted a bid for $105,000 for this work. SEI received a bid from Dees Burke Engineering for this work for a price of $75,250. Dees Burke Engineering is a certified DBE contractor in good standing with the State of California. They possess a current and appropriate contractors license for the work they bid. They are currently in business and are able to perform the work. We recently utilized them to build a barrier on another project for the CA DOT. It does not seem that SEI made a good faith effort in regards to this bid item being that they opted to self-perform the work at a higher price than the DBE firm that quoted the work.
In regards to Bid Item 36, the Contract involved lacing 776 tons of asphalt concrete, referred to in the Contract as Hot Mix Asphalt (Type A). SEI listed a non DBE subcontractor for the work, Tullis, Inc.. Their price was $128,040. SEI received a quote from S.T. Rhoades Construction for this work at a price of $127,652 with an additional $3,200 for mobilization. S.T. Rhoades Construction is a certified DBE contractor with a current and appropriate CA contracting license. Their price was competitive by comparison to the price listed from Tullis, Inc. S.T. Rhoades Construction is willing and able to perform the work. Abacus Construction has a working Packet Pg. 290 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Abacus Construction, Inc / PO Box 761 / Palo Cedro CA, 96073 / (530) 215 3104 relationship with S.T. Rhoades Construction and actually listed them for several Bid Items on this Contract. S.T. Rhoades Construction price with mobilization was only $2,812 higher than the listed subcontractor. It would seem that this bid item would have been awarded to the DBE contractor if a good faith effort was being made to meet the Contract DBE goal.
In regards to Bid Item 27, SEI could have utilized a DBE contractor ABSL to perform the pavement grinding required by the Contract to add to their DBE participation level.
ABSL is also a certified DBE contractor with a current and appropriate CA contracting license.
In summary, it is obvious that SEI received competitive bids from at least three certified DBE firms that have active and appropriate contractors licenses and chose not to utilize them. This is not indicative of a good faith effort to meet the Contract DBE participation goal of 19%.
If this Contract is issued to SEI the City of Redding will be in violation of Title 49 Part
26. Specifically, Appendix A, Part V which states “At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal”
Abacus Construction Inc, was listed as the second lowest priced bidder. Abacus submitted a total bid price of $3,703,673.40 of which $857,394.09 or 23.15% would be subcontracted to DBE Contractors.
We have issued a formal protest to the bid results but we have not heard back from the City of Redding regarding the matter. And, furthermore, if this project is to be awarded to SEI, this will be the second time Abacus Construction has lost a bid where SEI was low bidder and did not meet the Contract specified DBE participation goal.
Attached to this letter are the following documents:
Appendix A: Notice to Bidders for City of Redding project in question Appendix B: Bid Proposal and Subcontractors from SEI
Appendix C: Bid Proposal and Subcontractors from Abacus Construction Appendix D: Subcontractors DBE Status per CA DOT Website Respectfully,
Jim Simonis, P.E.
Project Manager
Abacus Construction, Inc.
Packet Pg. 291 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge)
APPENDIX A
Notice to Bidders
City of Redding Bid Schedule 5180
Packet Pg. 292 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 11 Eastside Road over Olney Creek Bridge Project
Job No. 2477, F. A. P. No. BRLS 5068(036)
CITY OF REDDING
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
NOTICE TO BIDDERS
Sealed Bids for the work shown on the plans entitled:
PROJECT PLANS
FOR CONSTRUCTION OF EASTSIDE ROAD
OVER OLNEY CREEK BRIDGE PROJECT
JOB NUMBER: 2477
BID SCHEDULE: 5180
will be received at the office of the City Clerk, 777 Cypress Avenue, Redding, CA 96001, until 3 p.m., January 25, 2022. Bids will be publicly opened and read at 4 p.m.
Bid forms for this work are included in a separate book entitled Proposal:
General work description: Work includes the Eastside Road bridge replacement and approach roadway. Major work includes, but is not limited to:
1. Removal of the existing bridge in stages
2. Construction of a new bridge to be completed over two seasons
3. Retaining walls
4. Road construction work
5. Sidewalks, curb and gutter
6. Traffic control and traffic handling
7. Utility coordination, relocations and installation
8. Storm water pollution control
The Engineer’s Estimate for this project is $3,000,000
Complete the work within 220 working days.
A prebid conference is scheduled between staff and interested bidders at 10 a.m. on January 6, 2022, in the City Hall River Conference Room at which time the project requirements will be reviewed.
Bids are to be submitted for the entire work. Bids must be on a unit price basis.
The Contractor shall possess a valid Class A license at the time bid is awarded.
No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
APPENDIX A: NOTICE TO BIDDERS
Packet Pg. 293 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 12 Eastside Road over Olney Creek Bridge Project
Job No. 2477, F. A. P. No. BRLS 5068(036)
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Number of trainees or apprentices is two.
The DBE Contract goal is 19 percent. Bidders shall meet this DBE goal and/or provide a Good Faith Effort as described in the Instruction to Bidders and the Special Provisions.
Each bid shall be made in accordance with the specifications and proposal requirements thereof and no bid will be received unless it is made on a proposal form furnished by the City Engineer.
Each bid must be accompanied by cash, certified or cashier's check, or original bidder's bond made payable to the City of Redding for an amount equal to at least ten percent (10%) of the total amount of the bid as a guarantee that the contractor will execute the contract in conformance with his proposal and the specifications. Such guarantee shall be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.
The City of Redding hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, all businesses will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, gender, disability, or other protected class in consideration for an award.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project and available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD. Federal Wage Rates are not physically incorporated in these Special Provisions but can be found at http://www.wdol.gov/dba.aspx#0.
Revisions to the applicable Federal Wage Rates, shall be included by addendum within 10 days of the bid opening. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
Attention is directed to the Federal minimum wage rate requirements in the Bid book. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.
Plans, specifications, bid book, contract forms, and addenda may be obtained at CIPList.com at no charge. Supplemental project information as required (i.e. environmental permits, geotechnical reports record drawings, etc.) will also be posted on this site. Supplemental project information is for informational purposes only and for the convenience of the Bidders and is not considered a part of the Contract.
City bid documents are provided electronically and free of charge. It is the responsibility of each prospective bidder to verify the completeness of their printed bid documents before submitting their bid and accompanying executed addenda acknowledgment forms. Users are cautioned that City of Redding does not assume any liability or responsibility based on any defective or APPENDIX A: NOTICE TO BIDDERS
Packet Pg. 294 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX A: NOTICE TO BIDDERS Packet Pg. 295
Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge)
APPENDIXB
SEI Bid Proposal
Packet Pg. 296 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 297 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 298 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 299 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 300 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 301 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS Packet Pg. 302 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS
Packet Pg. 303 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS
Packet Pg. 304 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS
Packet Pg. 305 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS
Packet Pg. 306 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over APPENDIX B: SEI BID PROPOSAL AND SUBCONTRACTORS
Packet Pg. 307 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over
APPENDIX C
Abacus Construction, Inc Bid Proposal
Packet Pg. 308 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC
Packet Pg. 309 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC
Packet Pg. 310 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC
Packet Pg. 311 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC
Packet Pg. 312 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC
Packet Pg. 313 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC
Packet Pg. 314 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC
Packet Pg. 315 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC
Packet Pg. 316 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) APPENDIX D: BID PROPOSAL FROM ABACUS CONSTRUCTION INC
Packet Pg. 317 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge)
APPENDIX D
DBE Status Report From CA DOT
Packet Pg. 318 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Query Criteria
Certification Types: DBE
DBA Name: Dees Burke
Firm ID 43430
DBA Name DEES BURKE ENGINEERING CONSTRUCTORS LLC
Firm Name DEES BURKE ENGINEERING CONSTRUCTORS LLC
Address Line1 16 N. MARENGO AVENUE
Address Line2 SUITE 417
City PASADENA
State CA
Zip Code1 91101
Zip Code2
Mailing Address
Line1 16 N. MARENGO AVENUE
Mailing Address
Line2 SUITE 417
Mailing City PASADENA
Mailing State CA
Mailing Zip
Code1 91101
Mailing Zip
Code2
Certification
Type DBE
EMail [email protected]
Contact Name DENA "BRYN" BURKE
Area Code 626
Phone Number 228-3670
Extension
Alt Area Code 213
Alt Phone
Number 924-8980
Extension
Fax Area Code 626
Fax Phone
Number 228-3521
Agency Name LOS ANGELES COUNTY METRO TRANSPORTATION AUTHORITY (MTA) Counties 00;
Districts 00;
DBE NAICS 237310; 238990;
ACDBE NAICS
Skip to Main Content Back To Query Form (licenseForm.htm) Search Returned 1 Records
Tue Feb 22 09:13:22 PST 2022
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UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 1 of 2 2/22/2022, 9:16 AM
Packet Pg. 319 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Work Codes C5111 CONCRETE OVERLAY, DRILL & BOND; C8331 CONCRETE BARRIER; Licenses A General Engineering Contractor;
Trucks
Gender F
Ethnicity CAUCASIAN
Firm Type DBE
UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 2 of 2 2/22/2022, 9:16 AM
Packet Pg. 320 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Query Criteria
Certification Types: DBE
DBA Name: S.T. Rhoades Construction
Firm ID 37693
DBA Name S.T. RHOADES CONSTRUCTION, INC.
Firm Name S.T. RHOADES CONSTRUCTION, INC.
Address Line1 8585 COMMERCIAL WAY
Address Line2
City REDDING
State CA
Zip Code1 96002
Zip Code2
Mailing Address
Line1 P O BOX 494520
Mailing Address
Line2
Mailing City REDDING
Mailing State CA
Mailing Zip
Code1 96049
Mailing Zip
Code2
Certification
Type DBE
EMail [email protected]
Contact Name STEVE RHOADES
Area Code 530
Phone Number 223-9322
Extension
Alt Area Code
Alt Phone
Number
Extension
Fax Area Code 530
Fax Phone
Number 223-9222
Agency Name DEPARTMENT OF TRANSPORTATION
Counties 02; 03; 04; 05; 06; 08; 09; 11; 12; 14; 17; 18; 23; 25; 26; 29; 31; 32; 34; 45; 46; 47; 51; 52; 53; 57; 5 Districts 01; 02; 03; 09; 10;
DBE NAICS 237110; 237310; 237990;
ACDBE NAICS
Skip to Main Content Back To Query Form (licenseForm.htm) Search Returned 1 Records
Tue Feb 22 09:39:34 PST 2022
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UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 1 of 2 2/22/2022, 9:39 AM
Packet Pg. 321 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Work Codes
C1531 PLANE ASPHALT CONCRETE; C1910 GRADING; C2201 FINISHING ROADWAY; C2602 AGGREGATE BASE; C3901 ASPHALT CONCRETE; C3910 PAVING ASPHALT (ASPHALT CONCRETE); C3930 PAVEMENT REINFORCING FABRIC;
Licenses A General Engineering Contractor; C31 Construction Zone Traffic Control Contractor; Trucks
Gender M
Ethnicity NATIVE AMERICAN
Firm Type DBE
UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 2 of 2 2/22/2022, 9:39 AM
Packet Pg. 322 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Query Criteria
Certification Types: DBE
Firm ID: 005270
Firm ID 5270
DBA Name A B S L CONSTRUCTION
Firm Name A B S L CONSTRUCTION
Address Line1 29393 PACIFIC ST
Address Line2
City HAYWARD
State CA
Zip Code1 94544
Zip Code2
Mailing Address
Line1
Mailing Address
Line2
Mailing City
Mailing State
Mailing Zip
Code1
Mailing Zip
Code2
Certification
Type DBE
EMail [email protected]
Contact Name LUIS M. ALLENDE
Area Code 510
Phone Number 727-0900
Extension
Alt Area Code 415
Alt Phone
Number 716-6642
Extension
Fax Area Code 510
Fax Phone
Number 727-0910
Agency Name DEPARTMENT OF TRANSPORTATION
Counties
01; 02; 03; 04; 05; 06; 07; 08; 09; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 2 28; 29; 30; 31; 32; 33; 34; 35; 36; 37; 38; 39; 40; 41; 42; 43; 44; 45; 46; 47; 48; 49; 50; 51; 52; 53; 5 55; 56; 57; 58;
Districts 01; 02; 03; 04; 05; 06; 07; 08; 09; 10; 11; 12; Skip to Main Content Back To Query Form (licenseForm.htm) Search Returned 1 Records
Tue Feb 22 09:42:06 PST 2022
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Packet Pg. 323 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) DBE NAICS 237310;
ACDBE NAICS
Work Codes C1531 PLANE ASPHALT CONCRETE; C1910 GRADING; Licenses A General Engineering Contractor; B General Building Contractor; Trucks
Gender M
Ethnicity HISPANIC
Firm Type DBE
UCP Web Application - List https://ucp.dot.ca.gov/querySubmit.htm 2 of 2 2/22/2022, 9:42 AM
Packet Pg. 324 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 325 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 326 Attachment: 03-09-2022 Abacus DBE Complaint Form (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 327
Attachment: 03-21-2022 COR GFE Letter to SEI (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 328
Attachment: 03-21-2022 COR GFE Letter to SEI (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 329
Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 330
Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 331
Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 332
Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 333
Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 334
Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 335
Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 336
Attachment: 03-21-2022 Stewart GFE Re-Evaluation final (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 337 Attachment: 03-28-2022 SEI Response Letter to GFE Evaluation (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 338 Attachment: 03-28-2022 SEI Response Letter to GFE Evaluation (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 339
Attachment: 04-01-2022 COR Response to SEI GFE Evaluation Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 340
Attachment: 04-01-2022 COR Response to SEI GFE Evaluation Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 341
Attachment: 04-01-2022 COR Reconsideration Meeting Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) Packet Pg. 342
Attachment: 04-22-2022 COR SEI GFE Reconsideration Final Determination Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Packet Pg. 343
Attachment: 04-22-2022 COR SEI GFE Reconsideration Final Determination Letter (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek 8/24/2021 eCFR :: 49 CFR 26.53 -- What are the good faith efforts procedures recipients follow in situations where there are contract goals? https://ecfr.federalregister.gov/current/title-49/subtitle-A/part-26/subpart-C/section-26.53 1/4 This site is for beta evaluation only. Please provide feedback using the Feedback button at the bottom right. You are viewing the current version of the eCFR. The eCFR is up to date as of 8/20/2021.
Title 49
§ 26.53 What are the good faith efforts procedures recipients follow in situations where there are contract goals?
(a) When you have established a DBE contract goal, you must award the contract only to a bidder/offeror who makes good faith efforts to meet it. You must determine that a bidder/offeror has made good faith efforts if the bidder/offeror does either of the following things:
(1) Documents that it has obtained enough DBE participation to meet the goal; or (2) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining enough DBE participation to do so. If the bidder/offeror does document adequate good faith efforts, you must not deny award of the contract on the basis that the bidder/offeror failed to meet the goal. See Appendix A of this part for guidance in determining the adequacy of a bidder/offeror's good faith efforts.
(b) In your solicitations for DOT-assisted contracts for which a contract goal has been established, you must require the following:
(1) Award of the contract will be conditioned on meeting the requirements of this section; (2) All bidders or offerors will be required to submit the following information to the recipient, at the time provided in paragraph (b)(3) of this section:
(i) The names and addresses of DBE firms that will participate in the contract; (ii) A description of the work that each DBE will perform. To count toward meeting a goal, each DBE firm must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract; (iii) The dollar amount of the participation of each DBE firm participating; (iv) Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; and
(v) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment.
(vi) If the contract goal is not met, evidence of good faith efforts (see Appendix A of this part). The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract; and Packet Pg. 344 Attachment: Title 49 CFR 26.53 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 8/24/2021 eCFR :: 49 CFR 26.53 -- What are the good faith efforts procedures recipients follow in situations where there are contract goals? https://ecfr.federalregister.gov/current/title-49/subtitle-A/part-26/subpart-C/section-26.53 2/4 (3)
(i) At your discretion, the bidder/offeror must present the information required by paragraph (b)(2) of this section - (A) Under sealed bid procedures, as a matter of responsiveness, or with initial proposals, under contract negotiation procedures; or
(B) No later than 7 days after bid opening as a matter of responsibility. The 7 days shall be reduced to 5 days beginning January 1, 2017.
(ii) Provided that, in a negotiated procurement, including a design-build procurement, the bidder/offeror may make a contractually binding commitment to meet the goal at the time of bid submission or the presentation of initial proposals but provide the information required by paragraph (b)(2) of this section before the final selection for the contract is made by the recipient.
(c) You must make sure all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before committing yourself to the performance of the contract by the bidder/offeror. (d) If you determine that the apparent successful bidder/offeror has failed to meet the requirements of paragraph (a) of this section, you must, before awarding the contract, provide the bidder/offeror an opportunity for administrative reconsideration. (1) As part of this reconsideration, the bidder/offeror must have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. (2) Your decision on reconsideration must be made by an official who did not take part in the original determination that the bidder/offeror failed to meet the goal or make adequate good faith efforts to do so. (3) The bidder/offeror must have the opportunity to meet in person with your reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. (4) You must send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. (5) The result of the reconsideration process is not administratively appealable to the Department of Transportation. (e) In a “design-build” or “turnkey” contracting situation, in which the recipient lets a master contract to a contractor, who in turn lets subsequent subcontracts for the work of the project, a recipient may establish a goal for the project. The master contractor then establishes contract goals, as appropriate, for the subcontracts it lets. Recipients must maintain oversight of the master contractor's activities to ensure that they are conducted consistent with the requirements of this part. (f)
(1)
Packet Pg. 345 Attachment: Title 49 CFR 26.53 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 8/24/2021 eCFR :: 49 CFR 26.53 -- What are the good faith efforts procedures recipients follow in situations where there are contract goals? https://ecfr.federalregister.gov/current/title-49/subtitle-A/part-26/subpart-C/section-26.53 3/4 (i) You must require that a prime contractor not terminate a DBE subcontractor listed in response to paragraph (b)(2) of this section (or an approved substitute DBE firm) without your prior written consent. This includes, but is not limited to, instances in which a prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm. (ii) You must include in each prime contract a provision stating:
(A) That the contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains your written consent as provided in this paragraph (f); and (B) That, unless your consent is provided under this paragraph (f), the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. (2) You may provide such written consent only if you agree, for reasons stated in your concurrence document, that the prime contractor has good cause to terminate the DBE firm.
(3) For purposes of this paragraph, good cause includes the following circumstances:
(i) The listed DBE subcontractor fails or refuses to execute a written contract; (ii) The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided, however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contracor; (iii) The listed DBE subcontractor fails or refuses to meet the prime contractor's reasonable, nondiscriminatory bond requirements.
(iv) The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; (v) The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and 1,200 or applicable state law; (vii) You have determined that the listed DBE subcontractor is not a responsible contractor; (vi) The listed DBE subcontractor voluntarily withdraws from the project and provides to you written notice of its withdrawal; (vii) The listed DBE is ineligible to receive DBE credit for the type of work required; (viii) A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract;
(ix) Other documented good cause that you determine compels the termination of the DBE subcontractor. Provided, that good cause does not exist if the prime contractor seeks to terminate a DBE it relied upon to obtain the contract so that the prime contractor can self-perform the work for which the DBE contractor was engaged or so that the prime contractor can substitute another DBE or non-DBE contractor after contract award.
Packet Pg. 346 Attachment: Title 49 CFR 26.53 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 8/24/2021 eCFR :: 49 CFR 26.53 -- What are the good faith efforts procedures recipients follow in situations where there are contract goals? https://ecfr.federalregister.gov/current/title-49/subtitle-A/part-26/subpart-C/section-26.53 4/4 [64 FR 5126, Feb. 2, 1999, as amended at 76 FR 5098, Jan. 28, 2011; 79 FR 59595, Oct. 2, 2014] (4) Before transmitting to you its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to you, of its intent to request to terminate and/or substitute, and the reason for the request.
(5) The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise you and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why you should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), you may provide a response period shorter than five days.
(6) In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
(g) When a DBE subcontractor is terminated as provided in paragraph (f) of this section, or fails to complete its work on the contract for any reason, you must require the prime contractor to make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal you established for the procurement. The good faith efforts shall be documented by the contractor. If the recipient requests documentation under this provision, the contractor shall submit the documentation within 7 days, which may be extended for an additional 7 days if necessary at the request of the contractor, and the recipient shall provide a written determination to the contractor stating whether or not good faith efforts have been demonstrated. (h) You must include in each prime contract the contract clause required by § 26.13(b) stating that failure by the contractor to carry out the requirements of this part is a material breach of the contract and may result in the termination of the contract or such other remedies set forth in that section you deem appropriate if the prime contractor fails to comply with the requirements of this section. (i) You must apply the requirements of this section to DBE bidders/offerors for prime contracts. In determining whether a DBE bidder/offeror for a prime contract has met a contract goal, you count the work the DBE has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors and DBE suppliers. (j) You must require the contractor awarded the contract to make available upon request a copy of all DBE subcontracts. The subcontractor shall ensure that all subcontracts or an agreement with DBEs to supply labor or materials require that the subcontract and all lower tier subcontractors be performed in accordance with this part's provisions.
Packet Pg. 347 Attachment: Title 49 CFR 26.53 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge) 8/24/2021 eCFR :: Appendix A to Part 26, Title 49 -- Guidance Concerning Good Faith Efforts https://ecfr.federalregister.gov/current/title-49/part-26/appendix-Appendix A to Part 26 1/3 This site is for beta evaluation only. Please provide feedback using the Feedback button at the bottom right. You are viewing the current version of the eCFR. The eCFR is up to date as of 8/20/2021.
Title 49
Appendix A to Part 26 - Guidance Concerning Good Faith Efforts I. When, as a recipient, you establish a contract goal on a DOT-assisted contract for procuring construction, equipment, services, or any other purpose, a bidder must, in order to be responsible and/or responsive, make sufficient good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful.
II. In any situation in which you have established a contract goal, Part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, you have the responsibility to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made, based on the regulations and the guidance in this Appendix.
The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call. Determinations should not be made using quantitative formulas.
III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts.
IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.
Packet Pg. 348 Attachment: Title 49 CFR 26.53 Appendix A (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek 8/24/2021 eCFR :: Appendix A to Part 26, Title 49 -- Guidance Concerning Good Faith Efforts https://ecfr.federalregister.gov/current/title-49/part-26/appendix-Appendix A to Part 26 2/3 A. (1) Conducing market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified DBEs that have the capability to perform the work of the contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all DBEs listed in the State's directory of transportation firms that specialize in the areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the project. (2) The bidder should solicit this interest as early in the acquisition process as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.
B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces.
This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation.
C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract.
D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for DBEs to perform the work.
(2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.
E. (1) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals. (2) A prime contractor's inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement DBE, and it is Packet Pg. 349 Attachment: Title 49 CFR 26.53 Appendix A (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek 8/24/2021 eCFR :: Appendix A to Part 26, Title 49 -- Guidance Concerning Good Faith Efforts https://ecfr.federalregister.gov/current/title-49/part-26/appendix-Appendix A to Part 26 3/3 F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.
G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.
H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.
V. In determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. As provided in §
26.53(b)(2)((vi), you must also require the contractor to submit copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract to review whether DBE prices were substantially higher; and contact the DBEs listed on a contractor's solicitation to inquire as to whether they were contacted by the prime. Pro forma mailings to DBEs requesting bids are not alone sufficient to satisfy good faith efforts under the rule.
VI. A promise to use DBEs after contract award is not considered to be responsive to the contract solicitation or to constitute good faith efforts. [79 FR 59600, Oct. 2, 2014]
not a sound basis for rejecting a prospective replacement DBE's reasonable quote.
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Certification
A potential DBE may request certification from Caltrans by requesting an application form by mail:
Department of Transportation
Office of Civil Rights
Certification Unit
1823 14th Street, MS-79
Sacramento, CA 95811
Or email: [email protected]. The form may also be downloaded at:
https://dot.ca.gov/programs/civil-rights/dbe-certification-information.
Decertification
If a DBE firm becomes ineligible in the middle of a contract (i.e., due to decertification), the prime contractor may continue to use the DBE firm on the contract and may continue to receive credit toward its DBE goal for the DBE firms' work. In this case, or in a case where the DBE firm is already under contract prior to becoming ineligible, the portion of the ineligible DBE firm’s performance of the contract remaining after the notice of its ineligibility must not count toward the state-wide DBE overall goal, but may count toward the contract goal.
If the DBE’s ineligibility is caused solely by its having exceeded the size standard during the performance of the contract, the LPA may continue to count its participation on that contract toward overall and contract participation.
Appeal
When the CUCP makes an administratively final removal of a firm’s eligibility, the firm may appeal the removal to the DOT under Section 26.89 of 49 CFR 26. Caltrans will provide information for an appeal with the removal of eligibility.
9.8 Good Faith Efforts
Note: For purposes of this section bidder also includes proposer, contractor includes consultant and subcontractor includes subconsultant.
When an LPA establishes a DBE contract goal on a federal-aid contract, a bidder must, in order to be responsive, make Good Faith Efforts (GFEs) to meet the DBE contract goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, if the bidder does not meet the goal, the bidder can provide documentation in support of their adequate GFEs. This means that the bidder must show that they took all necessary and reasonable measures to achieve the DBE contract goal. The bidder could reasonably be expected to obtain maximum possible DBE participation even if they were not fully successful in meeting the DBE contract goal. An LPA must require a bidder to meet the DBE contract goal or meet the burden of proof of GFEs in order to be awarded a contract. In any situation in which a DBE contract goal has been established, the use of GFEs must be allowed. The LPA can adopt a sample GFE procedure (Exhibit 9-G) to use verbatim or revise as necessary.
Each LPA must make a fair and reasonable judgment whether a bidder that did not meet the set goal made adequate GFEs. It is important to consider the quality, quantity, and intensity of the
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different kinds of efforts that the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not GFEs to meet the DBE contract requirements. It is important to note that the LPA’s determination concerning the sufficiency of the bidder’s GFEs is a judgment call and the determination should not be made using quantitative formulas. Caltrans strongly cautions LPAs against requiring that a bidder meet a DBE contract goal in order to be awarded a contract, even though the bidder makes an adequate GFE showing. 49 CFR 26 specifically prohibits federal-aid recipients from ignoring bona fide GFEs.
Anticipated Good Faith Efforts
The following types of actions should be considered by an LPA as part of the bidder’s Good Faith Efforts (GFEs) to obtain DBE participation. It is not intended to be exclusive or exhaustive.
Determining the adequacy of a bidder’s GFEs to achieve DBE contract goals is a judgment call.
Other factors or types of efforts may be relevant in appropriate cases. • Soliciting through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs that are capable of performing the work of the contract. The bidder must solicit this interest by allowing the DBEs sufficient time to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up the initial solicitation to the DBEs.
• Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE contract goal will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with their own forces.
• Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.
• Negotiating in good faith with interested DBEs. It is the bidder’s responsibility to make a portion of the work available to DBE subcontractors and suppliers, and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation.
Evidence of such negotiation includes: names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why agreements could not be reached with the DBEs who were not selected to perform the work.
• A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm’s price and capabilities as well as the DBE contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder’s failure to meet the DBE contract goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the
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responsibility to make GFEs. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. • Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor’s standing within its industry, membership in specific groups, organizations, or associations, and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids or proposals in the contractor’s efforts to meet the DBE contract goal.
• Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.
• Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.
• Effectively using the services of available minority or women community organizations; minority or women contractors or consulting groups; local, state, and Federal minority or women business assistance offices; and other organizations as allowed on a case-bycase basis to provide assistance in the recruitment and placement of DBEs.
The above actions are typically documented by the bidder on Exhibit 15-H: DBE Information - Good Faith Efforts, which is to be submitted no later than 4pm on the 5th day after bid opening.
This information is used by the LPAs to determine if the GFE was adequate or not prior to awarding the contract. In determining whether a bidder has made GFEs, the LPA may take into account the performance of other bidders in meeting the DBE Contract Goal. The LPA should evaluate GFEs considering the DBE commitments of the 2nd and 3rd bidders. For example, when the apparent successful bidder fails to meet the DBE contract goal, but the 2nd and 3rd bidders meet it, it may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the DBE participation obtained by the 2nd and the 3rd bidders, this along with other supporting factors may be viewed as evidence of the apparent successful bidder having met the burden of proof of GFEs. See the Civil Rights Disadvantaged Business Enterprise Evaluating Good Faith Efforts video on the FHWA Federal-aid Essentials for Local Public Agency website.
The LPA should ensure that the following is included in the contract documents:
• The LPA may consider the DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made Good Faith Efforts to meet the DBE contract goal.
• For projects awarded based on a GFE, the LPAs must prepare and submit with the award package Exhibit 9-E: Sample Evaluation of Good Faith Efforts, that cites reasons as to why the GFE is adequate. In addition, Exhibit 15-H without supporting documentation, should be included in the award package.
Note: Exhibit 15-H and Exhibit 9-E need not be submitted with the award package, if the low bidder has met the DBE contract goal. However, bidders should be encouraged to submit Exhibit 15-H with their bid package, even if they believe they have met the DBE contract goal, in case errors are found in the Exhibit 15- G: Construction Contract DBE Commitment.
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Bidder/Offeror’s Requirements for Good Faith Efforts
Good faith efforts documentation must include the following information, and supporting documents, as necessary:
1. The bidder/offeror’s overall DBE commitment.
2. Items of work the bidder/offeror has made available to DBE firms. The bidder/offeror identifies and describes those items of work the bidder/offeror might otherwise perform with the bidder/offeror’s own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, the bidder/offeror must show the dollar value and percentage of the total contract. It is the bidder/offeror’s responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms.
3. Names of certified DBEs and dates on which they were solicited to bid on the project.
The bidder/offeror must include the items of work offered. The bidder/offeror must describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. The bidder/offeror must attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. The bidder/offeror is reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond.
4. Name of selected firm and its status as a DBE for each item of work made available.
The bidder/offeror must include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, the bidder/offeror must provide the reasons for the selection.
5. Name and date of each publication in which the bidder/offeror requested DBE participation for the project. The bidder/offeror must attach copies of the published advertisements.
6. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, the bidder/offeror must provide copies of supporting documents.
7. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If the bidder/offeror has provided information, they must identify the name of the DBE assisted, the nature of the information provided, and date of contact. The bidder/offeror must provide copies of supporting documents, as appropriate.
8. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the bidder/offeror or its affiliate. If such assistance is provided by the bidder/offeror, they must identify the name of the DBE assisted, nature of the assistance offered, and date assistance was provided.
Provide copies of supporting documents, as appropriate.
9. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet a contract goal.
10. Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the bidder/offeror’s commitment.
11. Written documentation of reason(s) for rejecting DBE quotes.
12. Any additional data to support demonstration of good faith efforts.
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The LPA may consider DBE commitments from other bidders when determining whether the low bidder made good faith efforts to meet or exceed the DBE goal.
Administrative Review and Reconsideration
An administrative review (see 49 CFR 26.53) and evaluation of the Good Faith Efforts (GFEs) should be made prior to award in each instance by the LPA. If the LPA determines that the apparent successful bidder has failed to meet the GFEs requirements, the LPA, before awarding the contract, must provide the apparent successful bidder the opportunity for administrative reconsideration in accordance with 49 CFR 26.53. A sample procedure for reconsideration hearing (Exhibit 9-H) can be found at the LAPM Exhibits webpage.
Termination and Substitution of DBE Subcontractors
After a contract, which specified goals for the DBE participation, has been executed, adequate Good Faith Efforts (GFEs) are required for any necessary substitution of DBE subcontractors to the extent needed to meet the DBE contract goal.
LPAs must require a prime contractor not to terminate for convenience a DBE subcontractor listed in Exhibit 15-G: Construction Contract DBE Commitment or an approved substitute DBE subcontractor in order to perform the work of the terminated subcontract with its own forces or those of an affiliate without the LPA’s prior written consent.
The LPA must include in each prime contract a provision stating that the contractor must utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the LPA's written consent due to the following, but not limited to, good reasons such as:
• The listed DBE subcontractor fails or refuses to execute a written contract • The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards
• The listed DBE subcontractor fails or refuses to meet the prime contractor's reasonable, nondiscriminatory bond requirements
• The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness
• The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and 1,200 or applicable state law
• The LPA has determined that the listed DBE subcontractor is not a responsible contractor
• The listed DBE subcontractor voluntarily withdraws from the project and provides to you written notice of its withdrawal
• The listed DBE is ineligible to receive DBE credit for the type of work required • A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract
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• Other documented good cause that the LPA determines compels the termination of the DBE subcontractor
Before transmitting to the LPA its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the LPA, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor’s notice.
The DBE shall advise the LPA and the prime contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the LPA should not approve the prime contractor’s action.
When a DBE subcontract is terminated or when a DBE subcontractor fails to complete its work on the contract for any reason, the LPA must require the prime contractor to make GFEs to find another DBE subcontractor to substitute for the original DBE subcontractor. These GFEs must be directed at finding another DBE subcontractor to perform at least the same amount of work under the contract as the DBE subcontractor that was terminated to the extent needed to meet the DBE contract goal.
Monitoring and Enforcement Mechanism for DBE Termination and Substitution LPAs are required to implement appropriate mechanisms to ensure compliance with the requirements related to the termination and substitution of subcontractors by all program participants. The LPA needs to stipulate legal and contractual remedies available under federal, state and local law in the contract and must set forth these mechanisms in the LPA’s DBE program.
The LPA’s DBE program must also include a monitoring and enforcement mechanism to ensure that work committed to DBEs at contract award or subsequently (e.g., as the result of modification to the contract) is actually performed by the DBEs to which the work was committed. This mechanism must include a written certification that the LPA has reviewed contracting records and monitored work sites in the LPA’s jurisdiction for this purpose (for example, a resident engineer certifies CUF in writing).
Noncompliance
LPAs must include in each prime contract a provision for appropriate sanctions that will be involved if the prime contractor fails to fulfill the DBE commitments made at the time of execution of the contract. The LPA must deny payment to the prime contractor for the portion of the contract that was committed at the time of contract execution to be performed by a DBE subcontractor but was completed by the prime contractor or a substitute non-DBE subcontractor, unless agreed by the LPA in writing.
Submitting the GFE and Supporting Document for Review
For construction contracts less than or equal to $2 million and consultant contracts less than or equal to $500,000, the agency must perform the GFE review if DBE goal is not met.
For construction contracts greater than $2 million and consultant contracts greater than $500,000 that had their DBE goal approved by Caltrans, if the low bidder or the most qualified consultant did not meet or exceed the DBE contract goal, the LPA must submit the GFE documentation to their DLAE for review.
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The following are responsibilities and a flowchart on Good Faith Effort Review (see Figure 9-2) for LPAs, DLAEs, and DLA.
Local Public Agency Responsibilities
• The LPA must obtain, complete, and review all of the following documentation prior to determining if the low bidder or the most qualified consultant made a GFE:
o A bid tabulation summary sheet such as included in Exhibit 15-D: Bid Tabulation Summary Sheet or Exhibit 10-O1: Consultant Proposal DBE Commitment. o All bidders’ Exhibits 15-G: Construction Contract DBE Commitment or Exhibit 10-O1:
Consultant Proposal DBE Commitment.
o All bidders’ Exhibit 15-H: Proposer/Bidder Good Faith Efforts or other documentation that all bidders’ submit in lieu of Exhibit 15-H. If bidders did not submit GFE documentation within five (5) days after bid opening, it should be noted in Exhibit 9- E: Local Agency Good Faith Effort Review.
o Exhibit 9-E: Local Agency Good Faith Effort Review.
• For construction contracts less than or equal to $2 million and consultant contracts less than or equal to $500,000, the agency has responsibility to perform the GFE review. • For construction contracts greater than $2 million and consultant contracts greater than $500,000 that had their DBE goal approved by Caltrans, if the low bidder or the most qualified consultant did not meet or exceed the DBE contract goal, the LPA must submit the above GFE documentation to their DLAE prior to awarding a contract or starting the negotiation.
o LPAs may not award a contract to the low bidder or negotiate with the most qualified consultant without first receiving a memorandum from their DLAE that Caltrans has determined that they made a GFE.
o If Caltrans determines the GFE was inadequate, the LPA will take Caltrans feedback on GFE into consideration and re-evaluate the GFE. After the re-evaluation:
If the LPA still thinks the GFE is adequate, they can award the contract or start the negotiation process.
If the LPA concludes that the GFE is inadequate, they must invite the low bidder or the most qualified consultant to an Administrative Reconsideration.
DLAE Responsibilities
• For construction contracts greater than $2 million and consultant contracts greater than $500,000 that had their DBE goal approved by Caltrans, e-mail all completed GFE documentation including the LPA’s bid summary (Exhibit 15-D or Exhibit 10-O1), DBE commitments (Exhibit 15-G or Exhibit 10-O1), the bidders’ GFEs (Exhibit 15-H), and the LPA’s GFE evaluation (Exhibit 9-E) to [email protected]. • Communicate the outcome of Caltrans GFE review to LPAs.
DLA Responsibilities
The following applies to the GFE evaluation for construction contracts greater than $2 million and consultant contracts greater than $500,000 that had their DBE goal approved by Caltrans:
January 2022 Packet Pg. 357 Attachment: Caltrans LAPM Section 9.8 (4.11(a)--Award BS No. 5180, Eastside Road over Olney Creek Bridge)
GFE
Notifies Agency of
GFE processing
results and next
steps
t
AgencyGFE
reviewed and
memorandum sent to
DLAE
GFE
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• After receiving a complete GFE package from the DLAE, reply to the DLAE when evaluation starts on the GFE review.
• Once the GFE review has been finished, reply to the DLAE with Caltrans’ GFE review conclusion in a memorandum.
The process will not take more than 15 business days after receipt of the GFE package from the District. If there is no response from DLA after 15 business days, the DLAE has the discretion to move forward.
Figure 9-2: Good Faith Effort Review Flowchart
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9.9 References
49 CFR, Part 26 (DBE Regulations)
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49cfr26_main_02.tpl 49 CFR, Part 21 (Title VI Regulations)
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl 49 CFR, Part 27 (Accessibility)
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49cfr27_main_02.tpl 23 CFR 200 and 230 (EEO Contractor Compliance)
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=23:1.0.1.3.7&idno=23 28 CFR, Part 35 (Accessibility)
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=28:1.0.1.1.36&idno=28 23 USC 140(a) (EEO Contractor Compliance)
https://www.gpo.gov/fdsys/granule/USCODE-1995-title23/USCODE-1995-title23-chap1- sec140/content-detail.html
29 USC 791 et. Seq. (Accessibility)
https://www.gpo.gov/fdsys/granule/USCODE-2010-title29/USCODE-2010-title29-chap16-subchapVsec791/content-detail.html 42 USC 12101 et. Seq. (Accessibility)
http://www.ada.gov/pubs/adastatute08.htm
California Business and Professions Code, Section 7108.5 (Prompt Payment) http://law.onecle.com/california/business/7108.5.html
Section 54 of the California Civil Code
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=54
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CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution accepting the List of Projects for Fiscal Year 2022-23 funded by Senate Bill (SB) 1: The Road Repair and Accountability Act of 2017.
Fiscal Impact
The estimated Fiscal Year 2022-23 Road Maintenance and Repair Account (RMRA) funding allocation to the City of Redding (City) is $2,090,612.
Alternative Action
The City Council (Council) may choose to not adopt the attached resolution. The City would then not be eligible to receive SB 1 funding in the amount of $2,090,612.
Background/Analysis
On April 28, 2017, the Governor signed SB 1, the Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road systems. SB 1 increases per-gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to gas tax rates in future years. RMRA funds are apportioned by formula to eligible cities and counties. The City’s portion of RMRA funds for Fiscal Year 2022-23 is estimated to be $2,090,612.
SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, in order to be eligible for RMRA funding, cities must submit a project list proposed to be funded with these funds. The attached list includes projects that may be funded with RMRA funds depending on the availability of other funding sources within the Streets Division. The RMRA legislation recognizes the need for, and provides MEETING DATE: May 17, 2022
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(b)--Resolution Accepting the List of Projects Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017
Chuck Aukland, Public
Works Director
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Report to Redding City Council May 4, 2022
Re: 4.11(b)--Resolution Accepting List of Projects Funded by SB1 Page 2 agencies with, the flexibility to fund projects in accordance with local needs and priorities. As such, the project list is simply a proposal of potential projects that may utilize these funds.
Agencies are required, however, to submit expenditure reports by October 1, of each year that detail each project and corresponding amount of RMRA funds utilized to ensure program accountability.
The RMRA provides much needed funds to repair and rehabilitate existing transportation facilities at both the state and local level. The City’s backlog of deferred maintenance continues to grow as need outpaces resources.
The resolution has been approved as to form by the City Attorney Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
^Resolution
^Attachment A - List of Projects 2022-23
Packet Pg. 361
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY OF REDDING ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Redding (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must include a list of all projects (Attachment A) proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $2,090,612 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the fifth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s project list; and
WHEREAS, the City used a Pavement Management System to develop portions of the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets and roads and add active transportation infrastructure throughout the City this year and numerous similar projects into the future; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide;
Packet Pg. 362 Attachment: ^Resolution (4.11(b)--Resolution Accepting List of Projects Funded by SB1) NOW THEREFORE, BE IT RESOLVED THAT the City Council of Redding, County of Shasta, State of California, accepts the proposed projects which will utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation revenues in their delivery. With the listing of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues List of Projects (Attachment A) funded by SB 1, the Road Maintenance and Rehabilitation Account for Fiscal Year 2022-23.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 17th day of May, 2022, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________________
KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVAL:
_________________________________ ____________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 363 Attachment: ^Resolution (4.11(b)--Resolution Accepting List of Projects Funded by SB1) Project Details
Title Description Location Component
PriorityStatus
Est. Schedule Useful Life
Start Complete Min Max Assem Senate
Bechlli LaneATPImprovements
This project will include: Bicycle Lane (New), Sidewalkand/or Crosswalk Installation (New) | Project includes aroad diet, sidewalk gap closure, ADA curb ramps, bufferedbike lanes and enhanced pedestrian crossings Bechelli Lane from CypressAvenue on the; North toRiverview Country Club. Bechelli;Ln. from S. Bonnyview to CypressAve.; (2.3 mi). Loma Vista Dr.from Bechelli Ln; to Churn CreekRd. (.5 mi); Construction Forecasted 20/21 07/2022 11/2023 10 15 1 1 General StreetMaintenance
This project will include: Procurement of Public WorksEquipment, Procurement of Public Works Safety Materialsand Gear, Procurement of Public WorksSystems/Databases, Procurement of Road Maintenance andRehab Materials, Public Works Staffing, Repair andServicing of Public Works Equipment, Repair and Servicingof Public Works Systems/Databases Citywide
Procurement/OperationalNeeds
Carried Over21/22
07/2022 06/2023
1 5 1 1
Old AlturasBridge overChurn Creek
This project will include: Bridge Structure Rehab/Repair(Existing), Sidewalk and/or Crosswalk Installation (New) |Bridge Structure Widening (Existing) Old Alturas Road at Churn Creekand 200' feet before and afterbridge limits Construction New 22/23
04/2023 10/2025
15 50 1 1
Replace ACSurfacing This project will include: Pavement Rehab/Repair (Existing) Airport Road from Electro Way toKnighton Road, Oasis Road fromInterstate 5 to Lake Boulevard,Victor Avenue from Mistletoe to ECypress, and Churn Creek Roadfrom Browning to Bodenhammer.
Construction New 22/23
06/2022 10/2022
5 15 1 1
Oregon StreetImprovements
This project will include: Cost Estimating, PreliminaryDesign, Sidewalk and/or Crosswalk Installation (New),Storm Drain/Culvert Installation (New) Oregon Street between ShastaStreet and Yuba Street
PreConstructionandConstruction
New 22/23
02/202005/2023
04/202311/2023
10 30 1 1
Attachment A
Packet Pg. 364
Attachment: ^Attachment A - List of Projects 2022-23 (4.11(b)--Resolution Accepting List of Projects
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Public Works Department to purchase radio equipment from Motorola in an amount not to exceed $450,000 for Fiscal Year 2021-22 based upon the authorization for solesource purchasing of Motorola radio equipment for the Redding Electric Utility (REU) Wildfire Mitigation Plan Technology Solutions Program, approved by City Council at the September 15, 2020, meeting.
Fiscal Impact
For Fiscal Year 2021-22, the impact is $436,821.28. This is the cumulative amount for the Solid Waste Utility ($101,398.27 already expended and an additional $215,000 budget resolution approved by City Council (Council) on March 15, 2022), Airports Division ($30,423.01) and Streets Division ($90,000).
Alternative Action
The City Council (Council) may choose not to allow the Public Works Department to utilize the sole source finding and purchase of equipment directly from Motorola. Alternatively, Council could provide direction to staff regarding the acquisition of the necessary radio equipment that is compatible with the new citywide communication platform.
Background/Analysis
The City of Redding (City) has an end of life, and end of support, radio system that is used by various departments. On December 3, 2019, the Council approved the Redding Electric Utility (REU) Wildfire Mitigation Plan Technology Solutions Program which included the development of a common radio platform which converted the citywide radio system from an analog system to a digital system. On September 15, 2020, the Council authorized the sole source purchase of Motorola radio equipment as part of the REU Wildfire Mitigation Plan Technology Solutions MEETING DATE: May 17, 2022
ITEM NO. 4.11(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(c)--Authorize Sole-Source Purchase of Motorola Radio Equipment for the Public Works Department
Chuck Aukland, Public
Works Director
Packet Pg. 365
Report to Redding City Council May 10, 2022
Re: 4.11(c)--Authorize Sole-Source Purchase of Motorola Radio Equipment Page 2 Program. The sole-source recommendation to use Motorola radios and equipment was the result of the City working with a consultant to determine the best solution for a citywide communication platform.
Since the REU Wildfire Mitigation Plan Technology Solutions Program was announced, the Public Works Department has been acquiring new and replacement radios that are compatible with both the existing and new platform. Newly acquired radios have been predominantly Motorola. Motorola provides contract pricing for all of the City’s orders. Due to the total amount of expenditures that the Public Works Department as whole will be spending on Motorola radio equipment, staff is seeking the Council’s approval.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
Previous Staff Report - 9-15-20
Packet Pg. 366
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the sole-source purchase of Motorola equipment in a not-to-exceed amount of $8.8 million for the development of a fire and public safety radio platform as part of the Redding Electric Utility’s (REU) Wildfire Mitigation Plan Technology Solutions Program.
Fiscal Impact
Funds were appropriated by the City Council (Council) for the Redding Electric Utility (REU) Wildfire Mitigation Plan’s Technology Solutions Program on December 3, 2019. Staff anticipates the approved budget of $8.8 million will be adequate for the development of a fixed and mobile communication platform. Cost details are shown as part of the REU Technology Solutions Program, Exhibit B, Item 3 (page 85 of REU’s Wildfire Mitigation Plan).
Alternative Action
The Council can choose not to approve the sole source procurement, which would require REU staff to prepare a Request for Proposal (RFP) to solicit various vendors; however, this would result in substantial duplication of costs and delay. Further delay risks equipment failure, and impacts response times and interoperability of communication.
Background/Analysis
On December 3, 2019, the City Council approved the final elements of the REU Wildfire Mitigation Plan. One of the programs approved, the REU Technology Solutions Program, includes the development of a common radio platform, including base stations, handhelds and vehicle mounted radios for REU personnel as well as radio equipment for City of Redding Police and Fire command staff.
MEETING DATE: September 15, 2020
ITEM NO. 4.5(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.5(b)--Authorize Sole-Source Purchase of Motorola Radio Equipment for REU’s Wildfire Mitigation Plan
Daniel Beans, Director of
Electric Utility
Packet Pg. 184 Packet Pg. 367 Attachment: Previous Staff Report - 9-15-20 (4.11(c)--Authorize Sole-Source Purchase of Motorola Radio Equipment) Report to Redding City Council September 9, 2020
Re: 4.5(b)--Sole Source Purchase of Motorola Radio Equipment Page 2 The City of Redding currently has an end of life, end of support Motorola Smart Net Trunking system. As current radio inventory breaks, various City departments, and/or users of the City of Redding’s communication system, have been acquiring new radios that are compatible with the existing Motorola (analog) system and can be updated to the new P25 (digital) system once it is in place. Newly acquired radios are predominately Motorola radios and have been selected due to desired features specific to Motorola.
Recently, the City of Redding began working with a consultant to determine the best solution for a citywide communication platform that will meet the needs of the Police, Fire, and Electric Departments. Based on the assessment, and the amount of funds invested in Motorola radios, the best communication platform to move forward will be the proposed one. Doing so will ensure the desired enhancements and safety features specific to Motorola radios will remain compatible with existing equipment. Additionally, and importantly, local public safety uses Motorola Computer Aided Dispatch consoles and Core (often referred to as Spillman). The continued procurement of Motorola equipment is necessary to fully integrate SHASCOM with the planned City infrastructure replacement. This will allow SHASCOM to gain maximum visibility into the public safety communication network, as well as the location of radios in the field.
Council Priority/City Manager Goals
Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
REU Wildfire Mitigation Plan (available online)
Packet Pg. 185 Packet Pg. 368 Attachment: Previous Staff Report - 9-15-20 (4.11(c)--Authorize Sole-Source Purchase of Motorola Radio Equipment)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept $2,295,100 in Urban Flood Protection Grant funds; and adopt Resolution approving and adopting the 41st Amendment to City Budget Resolution No. 2021-078 appropriating $2,295,100 in funds for the Boulder Creek Flood Protection and Natural Treatment Project.
Fiscal Impact
The total project costs are estimated to be $2,418,900. The grant will provide funding in the amount of $2,295,100. The remaining funds will come from previously budgeted in-kind staff time ($73,800) and Wastewater funds ($50,000).
Alternative Action
The City Council (Council) may chose not to accept the Urban Flood Protection Grant funds or approve the budget resolution. The City of Redding (City) would lose $2,295,100 in grant funds and the project may not be completed.
Background/Analysis
On April 7, 2020, the Council adopted Resolution No. 2020-40 allowing the City to apply for Proposition 68 Urban Flood Protection Grant for the Boulder Creek Flood Protection and Natural Treatment System Project (Boulder Creek Project). The Council also authorized the City Manager, or designee, to execute all documents necessary to apply for the grant, and execute any agreements necessary to implement the project should the grant be awarded. On September 7, 2021, the City was notified that the California Natural Resources Agency had selected the City to receive a grant in the amount of $2,295,100.
The Boulder Creek Project would utilize existing infrastructure to reduce flooding at Boulder Creek School, improve water quality and environmental habitat, and provide recreational and educational opportunities to a severely disadvantaged community. An inlet spillway along MEETING DATE: May 17, 2022
ITEM NO. 4.11(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(d)--Accept Urban Flood Protection Grant Funds and Adopt Budget Resolution Appropriating Funds
Ryan Bailey, Assistant
Director of Public Works
Packet Pg. 369
Report to Redding City Council May 8, 2022
Re: 4.11(d)--Accept Grant Funds and Adopt Resolution Page 2 Boulder Creek bank will divert stormflows from the 1,800-acre drainage area, consisting of 80 percent urban land uses, into two sedimentation basins (abandoned wastewater treatment ponds).
The sedimentation basins will provide capture and detention of wet weather flows, as well as provide an opportunity for settling of sediment and particulate-bound pollutants and trash capture before diversion into a third bio-retention pond and release back into Boulder Creek.
Boulder Creek School, located less than a mile downstream of the project area, experiences at least one flood event each year. The school field, track, playground, and eastern parking lot become inundated with floodwater, limiting outdoor activity areas for the children and causing thousands of dollars in damage. The project is anticipated to reduce the frequency and intensity of flood events, as initial modeling shows that the one-year peak flow rate can be reduced to one quarter of the current rate.
A series of trails and signs will be constructed around the three basins and they will be connected to the City's Northeast Crossing Trail project, which is a grant funded project being implemented by the Community Services Department. The project also includes native tree planting, invasive species removal, and floodplain restoration. An existing building from the wastewater treatment plant and a concrete-lined pond, both located within the 100-year flood plain, will be demolished, and the flood plain area will be restored. Construction is anticipated to occur by 2024.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Resolution
Previous Staff Report 040720
Packet Pg. 370
RESOLUTION NO. 2022-_____
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 41ST AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021-078
APPROPRIATING $2,295,100 IN URBAN FLOOD PROTECTION GRANT FUNDS FOR
THE BOULDER CREEK FLOOD PROTECTION AND NATURAL TREATMENT PROJECT FOR FISCAL YEAR 2021-22
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2021-078 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
128 566
Transportation Grant Projects $2,295,100
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Increase (Decrease) Revenue
128-566-6-1200-18 State Grant - Capital - Public Works $ 2,295,100 Increase Expenditures
128-566-4895-10 Boulder Creek Flood Protection $ 2,295,100 Total $ 2,295,100 $ 2,295,100
THAT the purpose is to appropriate $2,295,100 in Urban Flood Protection grant funds for the Boulder Creek Flood Protection and Natural Treatment Project for fiscal year 2021-22.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 17th day of May, 2022, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVAL:
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 371 Attachment: ^Resolution (4.11(d)--Accept Grant Funds and Adopt Resolution)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following action relative to the funding, design, permitting, and construction of the Boulder Creek Flood Protection and Natural Treatment Project:
(1) Adopt Resolution approving the City of Redding (City) as an applicant for the Urban Flood Protection Grant Program (Proposition 68), administered by the California Natural Resources Agency; and
(2) Authorize the City Manager, or designee, to execute all documents necessary to apply for the grant, and execute any agreements necessary to implement the project should the grant be awarded.
Fiscal Impact
The grant application will request up to $2 million to create a flood management and stormwater treatment system at the abandoned Buckeye Wastewater Treatment Plant. Although no local matching funds are required by the grant agency, funding contributions are highly encouraged and will increase the application’s competiveness. Staff anticipates contributing in-kind services performed by the City’s Storm Water Management Program (SWMP). The SWMP positions are funded through the National Pollutant Discharge Elimination System (NPDES) Fixed Fee Charge and the General Fund would not be impacted. There would be no short-term fiscal impact as a result of approving and authorizing as recommended.
Long-term maintenance costs for this project are minimal. The trails, landscape, and signs would be maintained by Park Maintenance Division staff, supplemented with volunteers when possible.
The projected annual cost for waste management, weed abatement, occasional pruning and hazardous tree removal is estimated at $1,800 per year and would be absorbed within the current Park Maintenance Division budget. Infrastructure maintenance and repair would be funded by the NPDES Fixed Fee Charge.
MEETING DATE: April 7, 2020
ITEM NO. 4.11(g)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(g)--Adopt Resolution Approving City of Redding as Applicant for Urban Flood Protection Grant for Boulder Creek
Chuck Aukland, Public
Works Director
Packet Pg. 372 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) Report to Redding City Council April 1, 2020
Re: 4.11(g)--Resolution Approving City as Applicant for Urban Flood Protection Grant for Boulder Creek Page 2
Alternative Action
The City Council could choose to direct staff not to apply for funds under this grant program, or provide staff with alternative direction.
Background/Analysis
The Urban Flood Management Program, funded by voter approved Proposition 68, focuses on multi-benefit projects that address flooding in urbanized areas. Projects must include storm water capture and reuse, planning and implementation of low-impact development, restoration of urban streams and watersheds, and increasing permeable surfaces to reduce flooding. The California Natural Resources Agency administers the grant and has allocated $87.5 million for these projects.
The Public Works Department (Department) seeks to submit an application to this program for the design, permitting, engineering, and construction of a flood management and storm water treatment system located on City-owned open space. In recent years, this project has been the subject of planning efforts, and extensive community review. The Department’s Storm Water Resource Plan identified the Boulder Creek Flood Protection and Natural Treatment Project (Project) as the highest priority multi-benefit treatment project for the City. The project was developed in collaboration with a Technical Advisory Group (including State regulators) and a Stakeholder Group comprised of other government agencies, non-governmental organizations, environmental groups, community members, and other interested parties.
The proposed project would utilize existing infrastructure to reduce flooding at Boulder Creek School, improve water quality and environmental habitat, and provide recreational and educational opportunities to a severely disadvantaged community. An inlet spillway along Boulder Creek bank will divert stormflows from the 1,800-acre drainage area, consisting of 80 percent urban land uses, into two sedimentation basins (abandoned wastewater treatment ponds).
The sedimentation basins will provide capture and detention of wet weather flows, as well as provide an opportunity for settling of sediment and particulate-bound pollutants, and trash capture before diversion into a third bio-retention pond and release back into Boulder Creek.
Boulder Creek School, located less than a mile downstream of the project area, experiences at least one flood event each year. The school field, track, playground, and eastern parking lot become inundated with floodwater, limiting outdoor activity areas for the children and causing thousands of dollars in damage. The project is anticipated to reduce the frequency and intensity of flood events, as initial modeling shows that the one-year peak flow rate can be reduced to one quarter of the current rate.
A series of trails and signs will be constructed around the three basins and they will be connected to the City’s Northeast Crossing Trail project, which is a grant funded project being implemented by the Community Services Department. The Project also includes native tree planting, invasive species removal, and floodplain restoration. An existing building from the wastewater treatment plant and a concrete-lined pond, both located within the 100-year flood plain, will be demolished, and the flood plain area will be restored. Construction is anticipated to occur by 2024.
Packet Pg. 373 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) Report to Redding City Council April 1, 2020
Re: 4.11(g)--Resolution Approving City as Applicant for Urban Flood Protection Grant for Boulder Creek Page 3
The grant application will request up to $2 million for the design and construction of the proposed project and must be submitted by April 8, 2020. The effort to complete the application process includes documenting the flooding issues, sourcing support letters, documenting community outreach activities, and quantifying the flood management and water quality benefits.
Taking the recommended action will allow the City to compete for funds for this multi-benefit project.
The resolution has been approved as to form by the City Attorney.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
Resolution
Project Concept Sheet
Location Map
Packet Pg. 374 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) RESOLUTION NO. 2020-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
AUTHORIZING THE FILING OF A GRANT APPLICATION FOR
URBAN FLOOD PROTECTION GRANT FUNDS AND AUTHORIZING
THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE
APPLICATION AND ALL SUBSEQUENT DOCUMENTATION TO
OBTAIN PROPOSITION 68 FUNDING
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, The California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the State; and
WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the project;
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding as follows:
1. Approves the filing of an application for the Boulder Creek Flood Protection and Natural Treatment Project;
2. Certifies that Applicant understands the assurances and certification in the application;
3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements or will secure the resources to do so;
4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code;
5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and disabled access laws and that prior to commencement of construction all applicable permits will have been obtained;
6. Certifies that Applicant will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; Packet Pg. 375 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution)
7. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a special meeting of the City Council of the City of Redding on the 7 th day of April, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________________
ADAM McELVAIN, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ___________________________________ PAMELA MIZE, Secretary BARRY E. DeWALT, City Attorney
Packet Pg. 376 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) Packet Pg. 377
Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution) Packet Pg. 378
Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution)
ALAMINE DR
REDDINGTON DR DAVIS RIDGE RD
BODENHAMER BLVD
MILL VALLEY PKWY
BETHEL LN
FAIR HILL DR
ROSEWOOD DR
BELVEDERE DR
ROLLINGVIEW DR
TEAKWOOD DR
CAMPERS CT
GRANTS PASS PL
ROGUE RIVER WAY
DURANGO WAY
STINSON LOOP
GREENBRIAR CT
ARBUCKLE CT
I 5 NB OFFRAMP
MILL VALLEY PKWY
REDDINGTON DR
INTERSTATE 5
STE HWY 299
COLLEGEVIEWDR
MICACT
BOULDERCRE
E
K
D
R
A
H
NLANDCT
MTG. DATE:
ITEM:
ATTACHMENT:
INFORMATION TECHNOLOGY DEPARTMENT
GIS DIVISION LOCATION MAP
DATE PRODUCED: - 0 200 400Feet
FORMER SEWER PONDS
NATURAL TREATMENT SYSTEM
901 COLLEGE VIEW DRIVE & 500 DAVIS RIDGE ROAD
AP# 116-180-006 & 117-070-028
MARCH 23, 2020
P:\Environmental Management\ProProjects\FormerSewerPondsProject.aprx Packet Pg. 379 Attachment: Previous Staff Report 040720 (4.11(d)--Accept Grant Funds and Adopt Resolution)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept update on the City of Redding’s COVID-19 Local Economic Stimulus Package projects.
Fiscal Impact
The City Council (Council) previously approved an allocation of $9 million in Greenhouse Gas (GHG) Cap and Trade auction proceeds to be used for projects that reap an energy savings benefit to the City of Redding (City). To date, the City Manager has authorized purchases and projects totaling nearly $3.2 million and a consulting services agreement for engineering support for just over $1.2 million.
Alternative Action
The Council may choose not to accept the project status report and provide further direction to staff.
Background/Analysis
On Tuesday, April 21, 2020, the Council unanimously approved the City of Redding Economic Response Plan. Included in the plan, is the allocation of $9 million in Cap and Trade auction proceeds to be used for several projects (Program) associated with the Local Economic Stimulus Package that equates to a savings in energy costs for the City. On May 5, 2020, the Council authorized the City Manager to execute agreements, purchase orders, and contracts associated with the program to ensure an expedited delivery schedule. The Council also directed staff to provide regular status updates on the program and ratify all City Manager awards.
As directed by the City Manager, staff has endeavored to break up most of the work into smaller contracts, with values lower than $500,000, with the idea that local contractors and vendors will compete better due to lack of mobilization costs and other local advantages. However, the City has limited control because these are Public Works contracts and must be awarded to the lowest responsible and responsive bidder in accordance with State of California law.
MEETING DATE: May 17, 2022
ITEM NO. 4.11(e)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(e)--COVID-19 Economic Stimulus Package Projects Chuck Aukland, Public
Works Director
Packet Pg. 380
Report to Redding City Council May 8, 2022
Re: 4.11(e)--COVID-19 Economic Stimulus Package Projects Update Page 2 To date, staff has awarded 14 projects totaling just under $3.2 million, including projects for lighting improvements at sport fields, the Library, the Corporation Yard, City Hall, the Police Department, and the Civic Center Auditorium, and projects to install solar power generation systems and replace roofs at various fire stations, as well as several purchase orders and on-call contract services for lighting, plumbing, mechanical work, and equipment. Seven projects have been completed, and nine of the 14 projects have been awarded to contractors with local offices.
The final lighting project in the program, the LED Lighting Retrofit at Various Locations Project, is currently advertising for construction bids, and staff and the design consultant are finalizing bid packages for the Aquatic Center Pumping System Upgrades Project and the Window Replacements at Various Fire Stations Project. The design consultant is also preparing design packages for heating, ventilation, and air conditioning (HVAC) projects at City Hall, the Police Department, and the Corporation Yard. The attached Project Status Report provides more detailed information on project status and costs. Staff will continue to return to the Council monthly to provide progress updates.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Project Status Report
Previous Staff Report 05-05-20
Previous Staff Report 04-21-20
Packet Pg. 381
Project # Description Project Type Contract Method
Award/PO
Date
Ratification
Date Contractor
Local Contractor,
Sub, or Supplier? Cost Est Actual Cost
$ to Local
Contractors
Estimated
Completion
Date
Acceptance
Date Project Status
PROJECTS IN CONSTRUCTION
C19-PO-01 Sourcewell purchase order for stadium lighting (Equipment Only) at Alta Mesa Park, Softball Park, South City Park, Buckeye Park, and Caldwell Park Stadium Lighting Purchase Order (Equipment Only) 7/16/2020 7/21/2020 Musco No $ 1,227,941 $ 1,227,941 $ - 10/31/2022 Purchase order with Musco for equipment.
C19-L-04 LED Lighting Retrofit at City Hall and Police Station Lighting Standard Bid 8/2/2021 8/17/2021 Fluoresco Services, LLC No $ 519,000 $ 144,118 $ - 6/30/2022 Construction nearly complete. Material delays for few remaining lamps.
C19-LS-02 Installation of City purchased stadium lighting equipment at Buckeye Park and Caldwell Park
Stadium Lighting Standard Bid
(Installation Only) 2/17/2021 3/16/2021 Builders Solutions, Inc. Yes $ 341,500 $ 303,485 $ 303,485 5/31/2022 Construction complete. Working with contractor to determine final payment.
C19-LS-01 Installation of City purchased stadium lighting equipment at Alta Mesa Park, Softball park, South City Park Kiwanis 1, and Tiger Field Stadium Lighting Standard Bid (Installation Only) 3/31/2021 4/20/2021 Builders Solutions, Inc. Yes $ 465,014 $ 463,168 $ 463,168 10/31/2022 Construction delayed due to long material lead times and baseball schedule. All fields except Tiger Field and Kiwanis 1 completed.
C19-S-01 Solar PV at Fire Stations 7 & 8 Solar Standard Bid 9/29/2021 10/19/2021 B & B Solar Inc. Yes $ 100,529 $ 98,900 $ 98,900 6/1/2022 Contractor obtaining building permits.
C19-S-02 Solar PV & Replace Roofs at Various Fire Stations (Stations 2, 4, 5, and 6) Solar Standard Bid 11/23/2021 12/21/2021 Harbert Roofing, Inc. Yes $ 525,610 $ 426,213 $ 426,213 6/15/2022 Roof construction underway. Contractor obtaining building permits for solar PV.
C19-L-06 LED Lighting Retrofit at Civic Center Auditorium Lighting Standard Bid 11/23/2021 12/21/2021 Fluoresco Services, LLC No $ 162,111 $ 77,387 $ - 10/1/2022 Construction on hold due to material delays.
PROJECTS IN DESIGN
C19-L-05
LED Lighting Retrofit at Various Locations (Aquatic Center, Caldwell Park, Fire Stations, MLK Jr Center, Enterprise Park, Old City Hall, Senior Citizens Hall, and California Soccer Park)
Lighting Standard Bid $ 386,077 12/15/2022 Advertised for bids.
C19-M-03 Upgrade HVAC at City Hall & Police Department HVAC Standard Bid $ 888,430 1/15/2023 Jacobs preparing design package.
C19-M-04 Upgrade HVAC at Caldwell Park Rec Center HVAC Standard Bid $ 120,000 8/15/2022 City waiting for quote from on-call contractor.
C19-M-05 Upgrade HVAC at Corp Yard HVAC Standard Bid $ 195,000 2/15/2023 Jacobs preparing design package.
C19-P-03 Upgrade Pumping Control System at the Aquatic Center Plumbing Standard Bid $ 150,000 12/15/2022 Jacobs preparing bid package.
C19-S-03 Solar PV & Replace Roofs - Fire Stations 1 and 3 Solar Standard Bid $ 250,000 TBD Structural design and improvements needed for addition of solar equipment. Staff evaluating cost to benefit.
C19-W-04 Replace Windows at Fire Stations 1 through 6 Windows Standard Bid $ 168,000 11/7/2022 City staff preparing design in-house. Preparing final design package.
C19-M-06 Replace HVAC at Civic Center Auditorium HVAC Standard Bid $ 3,500,000 TBD Design on hold until City can determine if budget will be available.
C19-S-04 Install Solar and Replace Roof at Civic Center Auditorium Solar Standard Bid $ 1,600,000 TBD Design on hold until City can determine if budget will be available.
PROJECTS COMPLETE
C19-L-01 LED Lighting Retrofit at three Non Profit Buildings at Diestelhorst Landing. Lighting On-Call Contract 6/9/2020 7/21/2020 B&C Yes $ 48,000 $ 13,000 $ 13,000 7/9/2020 7/31/2020 Construction completed.
C19-L-02 LED Lighting Retrofit at Library Lighting Standard Bid 11/19/2020 12/15/2020 Clear Blue Energy Corp. No $ 194,263 $ 53,633 $ - 3/1/2021 2/22/2021 Construction completed.
C19-L-03 LED Lighting Retrofit at Corp Yard Lighting Standard Bid 12/15/2020 1/19/2021 Fluoresco Services, LLC No $ 391,117 $ 143,650 $ - 6/22/2021 8/6/2021 Construction completed.
C19-P-01 Replace Water Heaters in Fire Stations 2, 3, 4, and 6 Plumbing On-Call Contract 6/30/2020 7/21/2020 American Leak Detection Yes $ 49,000 $ 13,050 $ 13,050 9/16/2020 10/2/2020 Construction completed.
C19-P-02 Replace Laundry Facilities in Fire Stations 2, 3, 5, 7, and 8 Plumbing On-Call Contract 6/25/2020 7/21/2020 American Leak Detection Yes $ 17,000 $ 12,759 $ 12,759 9/16/2020 10/2/2020 Construction completed.
C19-M-01 Replace HVAC Units in Fire Stations 1,2,4,6 HVAC On-Call Contract 6/9/2020 7/21/2020 ACCO Yes $ 92,109 $ 95,278 $ 95,278 12/1/2020 11/30/2020 Construction completed.
C19-M-02 Replace HVAC Units in Old City Hall HVAC On-Call Contract 6/15/2020 7/21/2020 ACCO Yes $ 135,755 $ 97,985 $ 97,985 1/20/2021 1/13/2021 Construction completed.
Sub Total: $ 11,526,456 $ 3,170,566 $ 1,523,838
PROJECT MANAGEMENT/DESIGN/CONSTRUCTION MANAGEMENT SERVICES C-19-DC-01 Project Management, Design and Construction Services Engineering Consultant PSA 6/9/2020 7/21/2020 Jacobs Engineering Yes $ 1,240,816 On-going design and construction management services Total $ 12,767,272 $ 3,170,566 $ 1,523,838
Project Budget $9 M. Projects will be prioritized and delivered to fit within approved budget
Energy Efficiency Economic Response Plan (EEERP) Project Status Report Packet Pg. 382 Attachment: ^Project Status Report (4.11(e)--COVID-19 Economic Stimulus Package Projects Update)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the City Manager to award any public works contract, purchase order, or agreements, of any value, associated with the $9.5 million GHG funding approved as part of the Local Economic Stimulus Package.
Fiscal Impact
The City Council has previously approved the allocation of $9.5 million in Cap and Trade auction proceeds to be used for projects that reap an energy savings benefit to the City of Redding. There is no further fiscal impact to granting authority to the City Manager to execute the agreements, purchase orders, and contracts associated with these projects. There may, however, be an added benefit of seeing the money infused more rapidly into the local economy.
Alternative Action
The City Council could choose to not authorize the City Manager to execute the agreements, purchase orders, or contracts associated with the Cap and Trade distribution funds to expedite delivery of the work. This would lengthen the process to use the authorized funding.
Background/Analysis
On Tuesday, April 21, 2020, the City Council unanimously approved the Economic Response Plan. Included in the plan is the allocation of $9.5 million in Cap and Trade auction proceeds to be used for projects associated with the Local Economic Stimulus Package that equate to a savings in energy costs for the City of Redding. By authorizing the City Manager to negotiate, execute, and direct the agreements, purchase orders and contracts, staff can proceed with rapidly assigning the work and awarding bids. The benefit to this is being able to see the Cap and Trade action proceeds go to work as soon as possible in the community, and thereby providing the local MEETING DATE: May 5, 2020
ITEM NO. 9.1(b)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 9.1(b)--Consider authorizing the City Manager to award energy savings contracts, purchase orders, and agreements related to the Green House Gas (GHG) funding approved by the City Council as part of the Local Economic Stimulus.
Barry Tippin, City Manager
Packet Pg. 383 Attachment: Previous Staff Report 05-05-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Report to Redding City Council April 28, 2020
Re: 9.1(b)--Authorize City Manager to award energy savings contracts Page 2 economy a direct opportunity to see a quick positive impact to jobs and business activity. The projects within the package may include, , LED light replacement in City facilities, reroofing and some solar installation at Fire Stations, replacing largely older and heavy energy using equipment with newer more efficient equipment, and additional energy saving projects to be determined
Council Priority/City Manager Goals
Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Packet Pg. 384 Attachment: Previous Staff Report 05-05-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the City of Redding Economic Response Plan and provide direction to staff as follows:
(1) Approve deferral of Transient Occupancy Tax (TOT) hotels and motels. (2) Approve modification of existing Community Assistance for Redding Electric Services (CARES) guidelines.
(3) Approve modification of amortization policy for City of Redding utility bills. (4) Approve the refund of all City of Redding utility deposits. (5) Rescind approval of allocation of Cap and Trade funds for the Wildfire Mitigation and Building Electrification programs; approve Cap and Trade auction proceeds to be distributed to electric customers; and adopt Resolution approving and adopting the 32nd Amendment to City of Redding Budget Resolution No. 2019-050 to appropriate a total of $9 million in Greenhouse Gas allotment for utility rebates. (6) Approve adoption of a utility grant program for small businesses utilizing $600,000 of Community Development Block Grant (CDBG) funding.
(7) Economic Stimulus Package
a. Approve additional use of $5 million of Greenhouse Gas allotment and adopt Resolution approving and adopting the 33rd Amendment to City of Redding Budget Resolution No. 2019-050 allocating money for projects designated as providing energy savings for the general fund.
b. Provide direction on projects involving utilities funding and borrowing.
Fiscal Impact
The amount of impact of this proposal depends on the City Council’s (Council) direction for staff. The programs implemented thus far are expected to impact the General Fund due to approximately $500,000 in missed revenue projections. Programs such as modifying the Amortization Program guidelines and deferring Transient Occupancy Tax will reduce reserves in the short term by providing cash flow relief to businesses. Using restricted revenue funds to modify existing CARES program guidelines, and also refunding City of Redding utility deposits MEETING DATE: April 21, 2020
ITEM NO. 9.1(b)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 9.1(b)--Consider Economic Response Plan related to the Covid-19 pandemic's impact on the City and provide direction regarding mitigation measures.
Barry Tippin, City Manager
Packet Pg. 385 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Report to Redding City Council April 16, 2020
Re: 9.1(b)--Economic Response Plan Page 2
and creating a utility grant program for small business will not impact unrestricted reserves. If the additional utility credit is approved, $9 million in Cap and Trade auction proceeds would need to be allocated, some of which would be reallocated from previously funded projects, to bring the total allocation to $11 million for utility rebates. To complete projects listed in the Local Economic Stimulus Package, $5 million in Cap and Trade auction proceeds would need to be allocated in addition to the $4 million already allocated. The Council could also, through approval of this report, provide direction and identify an amount of money to reserve to pay for any potential borrowing for projects that would be approved through the Local Economic Stimulus Package.
Alternative Action
The Council has multiple options with this report. If it chooses to not accept the report in its entirety, all currently implemented programs would cease and no additional community assistance programming would take place at this time. The Council could choose to accept the report, and therefore all of the currently implemented projects as well, and provide direction to staff regarding which new projects to move forward.
Background/Analysis
The Covid-19 global pandemic has been a health catastrophe causing significant disruption in individual, community and societal norms while devastating the economy. The City of Redding, as the local governmental entity, needs to take bold action in line with the State and Federal Government to not only protect the health and welfare of the individual but also of the economy.
The City of Redding City Council will be presented with a number of proposed initiatives and projects to help individuals and businesses through this difficult time. The attached City of Redding Economic Response Plan is a report detailing programming currently implemented, as well as programming that could be implemented to assist the community. These items are varied in cost and source of funding.
Currently implementing
Maintain City services
Suspend Return to Owner fees for impounded animals
Suspend late fees and interest on payments due to the City of Redding Suspend City of Redding utility shut-offs due to non-payment Suspend City of Redding utility payment late fees
Cap and Trade distribution of $50 to every Redding Electric Utility (REU) account holder
Pending approval
Deferral of Transient Occupancy Tax payment from hotel and motel businesses Modify existing –Community Assistance for Redding Electric Services (CARES) program guidelines to provide opportunity for additional financial assistance to qualifying utility customers
Modify Utilities Amortization program guidelines to extend the amortization period, and extend the program to commercial customers
Refund City of Redding utility deposits to residential and commercial customers Additional Cap and Trade distribution of $200 to every REU account holder Utility grant program for small businesses
Local Economic Stimulus Package containing multiple projects that will result in local contract work opportunities and energy savings to the City of Redding Packet Pg. 386 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Report to Redding City Council April 16, 2020
Re: 9.1(b)--Economic Response Plan Page 3
Council Priority/City Manager Goals
Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Resolution - GHG Customer Distribution
Resolution - Green House Gas Allotment
COR Economic Response Plan 2020
Packet Pg. 387 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Resolution No. 2020 - ____________
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 32ND AMENDMENT TO CITY BUDGET RESOLUTION NO. 2019-050 RESCINDING
APPROVAL OF ALLOCATION OF CAP AND TRADE FUNDS FOR THE WILDFIRE MITIGATION AND BUILDING ELECTRIFICATION PROGRAMS; APPROVE THE APPROPRIATION OF $9,000,000 OF CAP AND TRADE AUCTION PROCEEDS TO BE DISTRIBUTED TO RATEPAYERS FOR FISCAL YEAR 2019-20.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2019-050 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
142 854 GHG Customer Distribution $9,000,000
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Decrease in Beginning Balance
142-851-01-0001-01 Beginning Balance $ 1,077,910
Decrease in Cap and Trade Revenues
142-851-01-4400-01 Environmental Attributes $ 2,022,090 Elimination of Building Electrification Project
142-854-8908-98 Building Electrification $ 4,000,000
Elimination of Wildfire Mitigation Project
142-854-8908-99 Wildfire Mitigation $ 1,900,000
Increase in GHG Customer Distribution
142-854-8908-90 GHG Customer Distribution $ 9,000,000
Total $ 9,000,000 $ 9,000,000
THAT the purpose is to rescind approval of allocation of Cap and Trade funds for the Wildfire Mitigation and Building Electrification programs; approve the appropriation of $9,000,000 of Cap and Trade auction proceeds to be distributed to ratepayers for fiscal year 2019-20.
I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the 21st day of April, 2020 and was duly adopted at said meeting by the following vote:
Packet Pg. 388 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ADAM McELVAIN, Mayor
ATTEST: FORM APPROVAL:
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 389 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Resolution No. 2020 - ____________
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 33RD AMENDMENT TO CITY BUDGET RESOLUTION NO. 2019-050 APPROVE AND APPROPRIATE ADDITIONAL USE OF $5,000,000 OF GREENHOUSE GAS
ALLOTMENT FOR PROJECTS DESIGNED AS PROVIDING ENERGY SAVINGS FOR THE GENERAL FUND FOR FISCAL YEAR 2019-20.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2019-050 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
142 854 Energy Efficiency Measures $5,000,000
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Decrease in Beginning Balance
142-851-01-0001-01 Beginning Balance $ 5,000,000
Increase in Energy Efficiency Measures
142-854-8908-96 Energy Efficiency Measures $ 5,000,000
Total $ 5,000,000 $ 5,000,000
THAT the purpose is to approve and appropriate additional use of $5,000,000 of Greenhouse Gas allotment allocating money for projects designed as providing energy savings for the General Fund for fiscal year 2019-20.
I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the 21st day of April, 2020 and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ADAM McELVAIN, Mayor
ATTEST: FORM APPROVAL:
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 390 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) Packet Pg. 391 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020
1 Table of Contents
Executive Summary.......................................................................................................................................2 Plan Elements................................................................................................................................................2 Elements currently implemented .............................................................................................................2 Maintain City Services..........................................................................................................................2 Suspend Return to Owner fees............................................................................................................3 Suspend Late Fees and Interest on City Payments .............................................................................3 Suspend Utility Shut-Off ......................................................................................................................4 Suspend Utility Late Fees.....................................................................................................................4 Distribution of $50 to REU Account Holders.......................................................................................4 Pending the City Council’s approval .........................................................................................................4 Deferral of Transient Occupancy Tax...................................................................................................5 Modify Existing CARES Program Guidelines........................................................................................5 Modify Utilities Amortization Program Guidelines.............................................................................5 Refund City of Redding Utilities Deposits............................................................................................6 Additional Cap and Trade Distribution................................................................................................6 Utility Grant Program for Small Businesses ........................................................................................6 Local Economic Stimulus Package........................................................................................................7 Packet Pg. 392 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020
2 Executive Summary
The Covid-19 global pandemic is a health catastrophe causing significant disruption in individual, community and societal norms. While the direct human suffering owed to the disease itself is horrific, the damage to the economy due to necessary health precautions is equally devastating. The City of Redding (City), as the local governmental entity, needs to take bold action in line with the State and Federal Government to not only protect the health and welfare of the individual but also that of the local economy. The City of Redding City Council (Council) has directed that a plan be developed to assist the community in economic recovery to coincide with the cessation of the pandemic. This report provides detailed information on the various programs that have been developed to help foster the economy through this economic disaster.
Some programs have already been implemented while others still need final approval from the City Council. In brief, the programs are listed below.
Currently implement Plan Element Value
Suspend Return to Owner fees $200
Suspend late fees and interest on City of
Redding payments
$60,000
Suspend City of Redding utility shut-offs Increased Cash Flow Suspend City of Redding utility late fees $425,000
Distribution of $50 to REU account holders $2,200,000
Plan Element Pending approval
Deferral of Transient Occupancy Tax $250,000 Est. deferred Modify existing CARES program guidelines $1,500,000
Modify existing Utilities amortization
program guidelines
Increased Cash Flow
Refund City of Redding utility deposits $3,400,000
Additional Cap and Trade distribution $9,000,000
Utility grant program for small businesses $600,000
Local Economic Stimulus Package $20,000,000
Total Value of City Response Plan Est @ $37,500,000
Plan Elements
Elements currently implemented
Maintain City Services
City services provided to the community are critical in nature and are unable to cease in functionality. A multitude of projects, already in the works, have to continue processing in spite of the pandemic that has affected the nation. In order to keep projects moving forward, and to Packet Pg. 393 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020
3 continue to serve the community in this critical capacity, City departments implemented immediate changes to comply with State and Federal directives. Personnel able to work from home were provided resources to do so. Meetings of large groups of staff and/or the public were eliminated, and preparations were made to provide access to public meetings without further endangering the community. As a result of the rapid response of staff, City services continue to function for the bulk of the community. In spite of the closure of City Hall and the diminished personnel in the Avtech and Corp Yard buildings, and the Transfer Station, critical City services such as police, fire, electric, solid waste removal, water and wastewater maintenance, and parks services still operate to the benefit of the community. Each position, whether working from home or in the office, is a critical component of maintaining the support of these services. Department directors monitor work product and load to ensure the City continues to function efficiently. The City is providing increased availability of cleaning supplies and sanitizing materials to offices and meeting spaces to maintain worker health.
To provide additional relief to residents and business owners, several programming decisions were implemented. Taking into consideration the varied economic status of Redding residents and businesses, the following steps were taken to provide some help financially.
Suspend Return to Owner fees
Effective March 23, 2020, Haven Humane Society suspended the charging of return to owner fees for animals impounded for running at large. A small portion of the fee is typically returned to the City to recoup costs of providing animal regulation services for the community. The total cost is expected to be less than $200 for the City. This allows Haven to reduce the number of animals left in the shelter while it is being operated at minimum capacity, and it is a benefit for community members who are unable to make the payment at this time.
Suspend Late Fees and Interest on City Payments
The City has initiated the suspension of late fees and penalties for payments and all General Accounts Receivable for items like hangar rents and imposed fines. This is made possible through individual review of accounts as payments are submitted and the reporting is analyzed. Both systems are housed in the legacy system so adjustments are applied manually to individual accounts. The $35 returned check and returned ACH payment fees have been suspended as well. Returned check and ACH fees are charged on an individual basis, and returned items are reported from the City’s banking system daily. When applicable, the returned item amount with the additional fee are typically charged back to established accounts. The fee will be eliminated from these charge backs.
The current plan is to suspend penalties and interest for receivables due in March and April 2020, which would include payments due in April and May. Based on last year’s activities, it is estimated that the loss of revenue to the general fund from the suspensions will be $55,000. The suspension of the returned check and ACH fees is estimated to be $5,000 for the same time period. If extended an additional month through the end of the fiscal year (June 30, 2020), the savings to the community equates to an estimated $60,000 which will result in an equal amount of lost revenue for the City.
Packet Pg. 394 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020
4 Suspend Utility Shut-Off
Effective March 18, 2020, the City of Redding Utilities Customer Service suspended the practice of utility shut-offs due to non-payment. Each month, under normal circumstances, approximately 220 utility accounts are disconnected after failure to pay for utility service received over the previous 60 days. Typically, 75 percent of these customers pay their past due amount and have their utilities reconnected within two weeks. With the Covid-19 pandemic and the anticipated increase in the number of utility customers having difficulty keeping up with all of their monthly expenses, it was decided that loss of utility service should not contribute to the stress and anxiety already experienced. Once the pandemic has passed, the Customer Services division will work with customers using various tools to bring the accounts into good standing. It is known that this effort will result in a temporary increase in accounts receivable and decreased cash flow for all utilities – resulting in an equal amount of temporary financial relief to residents of the City of Redding. This measure may result in an increase in bad debt expense, however, additional proposed measures, listed later in this report, could assist in reducing bad debt expense.
Furthermore, bad debt would be sent to a collection agency with a recovery rate of approximately 30 percent.
Suspend Utility Late Fees
Like shut-offs, late fees for utility payments have been suspended. Late fees, historically, amount to $1.7 million per year. While late fee collections are not always linear, it is a close approximation that the suspension will save customers in excess of $425,000 due to the high potential that there will be an increase in late payments. Late fees are an administrative penalty, and therefore, are deposited in the General Fund. If it is assumed that there will be no attempt to collect the past-due late fees, the General Fund will miss revenue projections in this category by at least $425,000.
Distribution of $50 to REU Account Holders
The City Council approved the distribution of excess reserves to be credited to every Redding Electric Utility customer in December 2019 in the amount of $50 per account. The funding source for the distribution is the Greenhouse Gas Allowance Auction Proceeds (also referred to as GHG or Cap and Trade), in an amount equal to about $2.2 million, and will be accomplished via a bill credit.
Pending the City Council’s approval
The following programming ideas were developed to provide additional options to provide financial relief to residents and businesses. These plan elements vary in how they target a diverse set of community members. Reaching as much of the community as possible is crucial for Redding to solidify its economic foundation. These proposals require the City Council’s approval to proceed. Some of the following items can be implemented immediately, while others will need to be further developed and brought back to the Council for further direction.
Packet Pg. 395 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020
5 Deferral of Transient Occupancy Tax
Defer payment of TOT from hotel and motel business until August 1, 2020 (payment due August 19, 2020). This deferral would be interest free and full payback would be made by November 1, 2020. The TOT deferral program could provide for much need cash flow for the Hotel and Motel industry by allowing an estimated $250,000 to remain with the business for operating expense. This program would be limited to Hotels/Motels with Business Licenses of 65-40-1 or 65-50-1.
Modify Existing CARES Program Guidelines
Community Assistance for Redding Electric Services (CARES) provides up to $300 of emergency assistance for the electric portion of bills for City of Redding utility customers. The intent of the CARES program is to help customers who have suffered a temporary financial hardship and to bring their account to a current status. Customers are eligible for CARES assistance once every 12 months. This program is funded out of the Public Benefits charges included in each ratepayers’ bill. Staff recommends applying a $300 CARES credit to all residential customers enrolled in the Residential Energy Discount Program (REU’s low income program). This would provide $1.2 million of immediate utility cost relief to our lowest-income customers with an additional $600,000 of additional relief available to those who may apply due to becoming eligible due to impacts from covid-19. These funds would be replenished with the new budget year beginning on July 1, 2020. Should the Council choose to do this, staff recommends providing the Electric Utility Director authority to repeat this process, should the Stay at Home order continue through the summer, and also suspend the once-per-year limitation for applicants. This would have no impact on the Electric Utility’s financial metrics as defined in Council Policy 1414, as Public Benefit Programs are restricted.
Modify Utilities Amortization Program Guidelines
The City of Redding Utilities Customer Service provides amortization for residential customer bills that are past due. This allows customers to “catch-up” on their bill for up to 12 months by amortizing the past-due balance. Staff recommends temporarily expanding this to commercial customers and temporarily extending the amortization for a period of up to 24 months, which would essentially provide a zero percent loan to customers that are past-due and having trouble paying their bill. In addition, this would allow commercial customers who receive Small Business Administration Loans to focus on other essential costs. This would have a temporary impact on City of Redding Utilities, as cash would not be received for up to two years. The risk to the utilities would be any eventual non-performance of these loans; non-performance would mean not paying the full amortization over the 24-month period. Therefore, staff recommends establishing an “eligibility criteria” that the customer must have not been disconnected for nonpayment of utilities in the previous year to be automatically approved for the amortization.
Customers not eligible for automatic amortization may still request it and approval will be granted on a case by case basis. Should the Council choose to do this, Staff recommends providing the Electric Utility Director administrative authority to modify program elements as necessary. As this could affect water, wastewater, and solid waste utilities, the Public Works Packet Pg. 396 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020
6 Director would collaborate in these decisions. This plan element will potentially provide millions of dollars in available cash flow for residents and businesses.
Refund City of Redding Utilities Deposits
Staff recommends returning all customer deposits held by Utilities Customer Services. This would return approximately $3.4 million to customers, including approximately $600,000 to commercial customers. The City holds utility deposits on customer accounts that present a higher credit risk to the utilities. By returning deposits, the City is returning monies to customers most in need. This would have no immediate impact on the Electric Utility’s financial metrics as defined in Council Policy 1414 as customer deposits are not included in unrestricted reserves for the purpose of calculating days of cash on hand. The risk to the utilities would be future bad debt accruals of non-payment of utilities by customers who have demonstrated difficulty paying bills.
However, this bad debt would be sent to a collection agency with a recovery rate of approximately 30 percent. Should the Council choose to do this, Staff recommends providing the Electric Utility Director authority to modify administrative processes for billing future utility deposits as defined in City Council Policy 1404. The deposit requirement will be reinstated at an unknown time in the future.
Additional Cap and Trade Distribution
Staff recommends a $200 credit on Electric utility bills to all customers out of Cap and Trade auction proceeds, which is similar to the $50 refund recently approved by Council. This would provide an additional $9 million in rebates to electric utility customers, bringing the total rebate amount, including the Council’s action on March 26, 2020, to approximately $11 million. To fund this program, the Council would need to allocate the balance of current year Cap and Trade revenues and cancel two Council-approved programs that have yet to launch: Wildfire Mitigation and Building Electrification. Wildfire Mitigation has yet to start due to the California Air Resources Board not providing a quantification methodology for reduced greenhouse gasses achieved through fuels reduction, thus the Cap and Trade funds are not available for this purpose. Building Electrification has yet to start due to staffing limitations. This would have no impact on the Electric Utility’s financial metrics as defined in Council Policy 1414 as Cap and Trade revenues are restricted.
Utility Grant Program for Small Businesses
As an entitlement city for the U.S. Department of Housing and Urban Development (HUD) the City receives an annual allocation of Community Development Block Grant funding which is used for public service and public improvements. Due to the Federal CARES act the City received an additional allocation of $447,450. This funding, combined with unused funding from past projects, for a total of $600,000 provides the City an opportunity to provide funding toward eligible small business utility payments for those in the most need or are unable to receive Federal assistance or grants. If approved, staff will present the program and the amount available as part of the required public hearing to approve the use of the funding.
Packet Pg. 397 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update) City of Redding Economic Response Plan – April 2020
7 Local Economic Stimulus Package
The Local Economic Stimulus Package is composed of multi-departmental projects intended to result in a combination of benefits to the City. In its infancy, this was a mass project designed to create an energy savings with each completed project. The City, however, has multiple deferred maintenance projects that must be completed to maintain the infrastructure stability of its assets.
Staff developed the following plan in a response to a need to merge the energy savings needs of the City with its deferred maintenance needs and infuse much needed capital into the local economy.
The projects in this package were specifically chosen as critical needs either in the realm of energy savings, which qualifies the project to be paid for through GHG auction proceeds, or for its contribution to eliminating the deferred maintenance needs of the City. A combination of GHG funding, utility reserves, municipal bond, and energy cost savings would be used to fund the package with little or no net budgetary impact to the General Fund. The total value of the economic stimulus package is estimated at approximately $20 million. Approximately $9.5 million of GHG money could be allocated for the completion of the projects that realize an energy savings for the City. The energy savings over time for the General Fund could be used to fund the deferred maintenance needs.
Several of the anticipated projects such as the work at various fire stations and lighting upgrades would be started immediately and put out to bid as soon as possible. Other projects, such as the replacement of the heating and air conditioning system at the Civic Auditorium will need to be analyzed further. The intent is to move quickly to infuse available GHG funds and provide economic benefit for the community.
The calculated energy savings from the energy savings projects could be used to secure bond funding to accelerate up to another $10 million in local projects including improvements to the Redding Aquatic Center, park facilities, required building maintenance, and other amenities.
Staff will return to the City Council with a full project list and borrowing options should the City Council provide direction to do so.
Completion of projects totaling up to $20 million is quite a large endeavor. However, the plan would be to bid multiple smaller projects to provide the best opportunity for local contractors to participate in the process, and thereby providing the local economy a direct opportunity to see quick and significant economic benefit in jobs and business activity. According to multipliers provided by the Shasta County Economic Development Corporation, the City of Redding would see a direct benefit equal to 328 jobs and $30 million of economic impact.
Packet Pg. 398 Attachment: Previous Staff Report 04-21-20 (4.11(e)--COVID-19 Economic Stimulus Package Projects Update)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve the 2022 Addendum to the Water Transfer Agreement with Anderson Cottonwood Irrigation District (C-5048) for the transfer (purchase) of 3,280 acre-feet of water at a cost of $300 per acre-foot.
Fiscal Impact
The proposed addendum allows for the transfer (purchase) of an additional 3,280 acre-feet (AF) of water at a price of $300 per AF for a total of $984,000. There are funds available in the Water Utility budget.
Alternative Action
The City Council (Council) may choose to decline approval of this addendum to the water transfer agreement and/or provide alternative direction to staff. Due to surface water supply restrictions this year, there is the possibility that without this transfer the City of Redding (City) will need to conserve more water and move to a higher stage of its Water Shortage Contingency Plan.
Background
For the past three winters, the State of California (State) has experienced dry hydrologic conditions. The Bureau of Reclamation (Bureau) has again declared this water year as a “critical year” and reduced surface water allocations for all water contractors including the City’s Sacramento River and Whiskeytown Lake water contracts.
In 2011, the City and Anderson Cottonwood Irrigation District (ACID) executed a Purchase and Sale of Water Agreement that allows the City to transfer (purchase) up to 4,000 AF of water from ACID. The terms of the agreement state that the quantity of water available is subject to MEETING DATE: May 17, 2022
ITEM NO. 4.11(f)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(f)--Authorize 2022 Addendum to Water Transfer Agreement with Anderson Cottonwood Irrigation District
Ryan Bailey, Assistant
Director of Public Works
Packet Pg. 399
Report to Redding City Council May 8, 2022
Re: 4.11(f)--Addendum to Water Transfer Agreement for 2022 Page 2 critical year reductions by the Bureau. The quantity available this year is 18 percent of overall contract supply which equates to 720 AF at a cost of $140.30 per AF. Because ACID is not operating its canal this year, it has agreed to sell an additional quantity of 3,280 AF at the current market rate of $300 per AF to the City. Since the price per AF is higher than the original agreement, staff is asking for the Council’s approval of this addendum.
As of May 1, 2022, the City is in Stage 2 – Moderate Water Shortage Condition of the City’s Water Shortage Contingency Plan.
The addendum has been approved as to form by the City Attorney.
Council Priorities/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.
• Communication and Transparency – “Improve the quality and quantity of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Attachments
Addendum to Agreement (C-5048)
Purchase and Sale of Water Agreement (C-5048)
Packet Pg. 400
Packet Pg. 401
Attachment: Addendum to Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 402
Attachment: Addendum to Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 403
Attachment: Addendum to Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 404 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 405 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 406 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 407 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 408 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022) Packet Pg. 409 Attachment: Purchase and Sale of Water Agreement (C-5048) (4.11(f)--Addendum to Water Transfer Agreement for 2022)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept Bid Schedule No. 5161 (Job No. 2648), Stillwater Wastewater Treatment Plant Odor Control and Minor Modifications Project, awarded to RTA Construction, Inc., as satisfactorily complete, with a final cost of $2,012,220.48.
Fiscal Impact
The project was funded by Wastewater Utility funds. The total project cost, including surveying, design, bidding, construction, field engineering, inspection, and contract administration, is $2,012,220.48.
Alternative Action
The City Council (Council) may choose to not accept the project as satisfactorily complete, and advise staff on how to proceed.
Background
RTA Construction, Inc. has completed all items of work on the Stillwater Wastewater Treatment Plant Odor Control and Minor Modifications Project as of February 4, 2022, which was within the contract time frame. The project warranty period expires one year from the completion date of February 4, 2022, and the Public Works Department subsequently filed the notice of completion with the County of Shasta.
At its September 15, 2020, meeting, the Council awarded a construction contract to RTA Construction, Inc. of Redding, California, for $1,549,500 and approved a $155,000 construction contingency fund. Also authorized was $150,000 for contract administration and construction inspection fees and $180,000 for project development costs, and the City Manager was authorized to approve additional increases in either the construction management or construction MEETING DATE: May 17, 2022
ITEM NO. 4.11(g)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(g)--Project Acceptance, Bid Schedule 5161, Job No. 2648, Stillwater Wastewater Treatment Plant Odor Control and Minor Modifications Project Chuck Aukland, Public
Works Director
Packet Pg. 410
Report to Redding City Council May 9, 2022
Re: 4.11(g)--Project Acceptance BS 5161 SWWTP Odor Control and Minor ModificationsPage 2 contingency amounts up to a total of $20,000, for a total authorized amount of $2,054,500.
Project development costs include engineering, environmental, and consultant services. During construction, changed work conditions required funds to be reallocated from contract administration and inspection fees to the construction contingency in the amount of $11,720.48 to the cover approved change orders. There were eight change orders in the amount of $166,720.48. The final project cost was $2,012,220.48.
This project included minor modifications at the Stillwater Wastewater Treatment Plant to replace several pieces of equipment and facilities that have exceeded their service life, including replacement of the odor control system for the solids handling building, replacement of two weir gates in an aeration basin, replacement of five gas regulators and associated gas piping, and replacement of the toxic gas scrubber at the chlorine building.
Cost Summary
Awarded Amounts Actual Cost
Project Development Costs $180,000 $180,000
Construction Contract + Contingency $1,704,500
Construction Contract + Contract Change Orders $1,716,220.48 Contract Administration & Inspection $150,000 $116,000
Additional City Manager Authority $20,000 $0
Total $2,054,500.00 $2,012,220.48
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
c: Josh Anthony, Construction Manager
Rebecca Kraft, Assistant Engineer
Attachments
^Location Map
Packet Pg. 411
Packet Pg. 412 Attachment: ^Location Map (4.11(g)--Project Acceptance BS 5161 SWWTP Odor Control and Minor Modifications)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions:
(1) Authorize staff to negotiate the transfer of a 30-foot-wide utility easement for the proposed relocation of a Pacific Gas and Electric overhead electric line across a City of Redding-owned parcel at 2900 Manzanoaks Drive (Assessor’s Parcel Number 074-250- 041);
(2) Find that the transfer of the utility easement is categorically exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”); and (3) Authorize the Mayor to execute all legal documents necessary to complete the transfer and grant the easement.
Fiscal Impact
There will be a benefit to the Redding Electric Utility equal to the amount for which the easement is valued minus any administrative costs associated with the transfer. Per the attached opinion of value, the easement is valued at $1.45 per square foot for a total of $12,960.10.
Alternative Action
The City Council may decline to authorize the transfer of the easement. This would require the developer to find a less suitable alternative location.
Background/Analysis
The development of Seven Bridges Subdivision Phase 2 (S-3-09, PD-1-09, RZ-2-09) on Oasis Road requires the relocation of existing Pacific Gas and Electric overhead electric lines which currently traverse the subdivision and the adjacent City owned parcel at 2900 Manzanoaks Drive.
MEETING DATE: May 17, 2022
ITEM NO. 4.11(i)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(i)--Authorize Sale of an Utility Easement at 2900 Manzanoak Drive Ryan Bailey, Assistant
Director of Public Works
Packet Pg. 413
Report to Redding City Council May 12, 2022
Re: 4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive Page 2 Development conditions of the Seven Bridges Subdivision require the subterranean placement of the lines within the right-of-way of Oasis Road. A 30-foot-wide easement is required across the City-owned parcel to allow the connection of the relocated lines to the existing overhead electric line. The parcel has been reserved as a future site for a substation for Redding Electric Utility, and as such, REU would benefit from the funds received in connection with the transfer. Staff has determined that the proposed electric line location and easement will not interfere with plans for a future electric substation on the parcel.
Staff will negotiate the sale of easement based upon current market valuations. A broker’s opinion of value was conducted, and it is estimated that the easement is valued at $1.45 per square foot for a total of $12,960.10. Due to the timeliness of a subsequent transaction involving this subdivision, staff seeks approval to negotiate the easement, at fair market value, and authorization for the Mayor to execute agreements as necessary to facilitate the transfer of the easement.
The California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. The transfer of the utility easement qualifies as Categorically Exempt from environmental review under CEQA Guidelines Section 15601(3). The transfer has no potential to have a significant impact on the environment.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
^Location Map
^Easement Legal Description and Exhibit
^Opinion of Value
Packet Pg. 414
Packet Pg. 415 Attachment: ^Location Map (4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive) Packet Pg. 416
Attachment: ^Easement Legal Description and Exhibit (4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive) Packet Pg. 417
Attachment: ^Easement Legal Description and Exhibit (4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive) Packet Pg. 418
Attachment: ^Opinion of Value (4.11(i)--Authorize Sale of an Easement at 2900 Manzanoak Drive)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve Goodwater Crossing as a short-term, temporary Emergency Housing Site (EHS) of no more than 12 sleeping cabins at 2500 Shasta View Drive (Assessor Parcel No. 109-220-024) for a one-year term; and authorize the City Manager to make minor modifications to the Operations and Services Manual and Site Plan to facilitate the final Goodwater Crossing EHS approval process and to set the one-year term start date.
Fiscal Impact
Housing Division staff will assist with coordinating and monitoring the Goodwater Crossing EHS which is included in the Housing Division’s budget. Other departmental staff time by Development Services, Fire, and Public Works are provided as part of the no-fee permit services and are included in their corresponding budgets.
Alternative Action
The City Council (Council) could choose to modify the Goodwater Crossing EHS proposal and provide direction to staff. Alternatively, the Council could choose not to approve Goodwater Crossing EHS and staff would continue to work with other community partners to facilitate an EHS in another location.
Background/Analysis
In June 2021, the Council adopted a resolution that declared the City of Redding (City) has a shelter crisis and subsequently approved Ordinances 2637 and 2638 and the associated Administrative Guidelines which collectively set forth the requirements and process for the City to review and authorize, through a permit approved by the Council, the establishment and operation of EHSs.
MEETING DATE: May 17, 2022
ITEM NO. 9.2(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.2(a)--Consider approval of the Goodwater Crossing Emergency Housing Site.
Steve Bade, Deputy City
Manager
Packet Pg. 419
Report to Redding City Council May 10, 2022
Re: 9.2(a)--Goodwater Crossing Emergency Housing Site Page 2 An EHS provides short-term, emergency, and temporary housing to not more than 30 individuals using Emergency Sleeping Cabins as defined in Appendix O of the California Building Code.
Each EHS must adhere to the Administrative Guidelines and develop and post Good Neighbor Policies addressing the EHS premises and the immediate surrounding neighborhood. These policies must clearly show provisions for how the EHS actively discourages and addresses excessive noise or loitering from EHS participants and others who may be near the site. Where applicable, the EHS must demonstrate coordination with other service providers and community partners to address the above issues and the impacts of each. To comply with these requirements, each EHS must submit an operations plan that conforms to the Administrative Guidelines to the City Manager’s Office for initial review and approval as part of the permit issuance process.
In December 2021, the Congregation Council of St. James Evangelical Lutheran Church (St.
James) in America submitted to the City a statement of intention to pursue the development, installation, and management of a micro shelter community on church property, specifically for Goodwater Crossing EHS. This effort is in cooperation with local community partners including the "Micro Shelter Community" group led by Laural Park. They anticipate that their location will contain up to twelve temporary sleeping cabins and the associated supplemental structures.
Pursuant to the Administrative Guidelines, written notifications must be sent to all property owners with a 600-foot radius of the EHS. The St. James group sent the notification in January and held informational meetings in January and February 2022 for the neighbors and community.
In addition, in February, they shared a newsletter with the surrounding neighbors.
In February 2022, St. James submitted their Goodwater Crossing Micro-Shelter Communities Operations and Services Manual (Manual) to the City Manager’s Office for review and approval.
Pursuant to the City’s Administrative Guidelines for EHSs, the Manual contains the required health and safety provisions, EHS site standards, operations/administrative guidelines, program criteria, and the facility requirements that include: admission requirements; security; participant responsibilities and rights; and programmatic parameters, such as hours of operation, curfew, good neighbor policies, and facility standards. On April 5, 2022, the City Manager’s Office initially approved the Manual conditioned upon the Council’s approval.
Ordinance 2637 states that an EHS must be situated more than 500 feet from a child care center, school, formal park, or museum and shall be situated not less than one-half mile from any other EHS. Considering these criteria, the Goodwater Crossing EHS is a qualifying location.
As proposed, the Goodwater Crossing EHS will be located on the south west portion of the St.
James’s Church property with site plan amenities that include:
1. Initially, four emergency sleeping cabins that consists of three single-occupancy units and one double-occupancy unit. The sleeping cabins will be constructed by the California Heritage YouthBuild Academy (CHYBA) and have been approved by the Building Official.
2. Common site items that include: compacted all-weather gravel road; four-foot wide accessible path of traveling; pedestrian lighting; common gathering area; portable restrooms and bathrooms; outdoor storage units; fencing; and site screening improvements.
Packet Pg. 420
Report to Redding City Council May 10, 2022
Re: 9.2(a)--Goodwater Crossing Emergency Housing Site Page 3 The noted site plan amenities are consistent with the Guidelines and Ordinances. City staff from the Building and Planning Divisions, Fire Department and Public Works Department are in the process of completing final comments to the site plan and preparing them for the City Manager’s approval.
If the Goodwater Crossing EHS is approved by the City Council, site improvements will start in May 2022 with the intent to begin operating the Goodwater Crossing EHS in summer 2022.
Pursuant to Ordinance 2637, the term of any EHS is limited to one year and may be renewed by notifying the City Manager 90-days before the end of the one-year term. The one-year term will be based on the first day of operation as deemed by the City Manager.
The Goodwater Crossing EHS will be operated by a program manager, local service providers, and volunteers. Operational services include: an on-site coordinator that will be on-site or on-call 24 hours a day, seven days a week; referral services; housing case management; workshop and learning opportunities; and health and wellness. Operational and capital costs for the Goodwater Crossing EHS are estimated to be $338,000 which are projected to be funded by grants and donations.
Participants of the Goodwater Crossing EHS are subject to rules, rights, responsibilities, Good Neighbor Policies, and ultimately will sign a Resident Community Agreement. The goal is to provide participants a safe place to address the issues that led to their homelessness. Each participant is limited to a maximum stay of 10 months.
The crisis of unsheltered homelessness in Redding is one that impacts the entire community, both those experiencing homelessness and the broader community of housed residents, businesses, and neighborhoods. Goodwater Crossing EHS is an opportunity to assist the unsheltered by providing a safe place to live so they may build stability and self-sufficiency while bridging from an unsheltered lifestyle to permanent housing.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments
Final -Guidelines - Emergency Housing Sites (002)
Ordinance No. 2637
Ordinance No. 2638
2022-04-04 Goodwater Crossing Ops Manual with appendices Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22
Packet Pg. 421
City of Redding
Administrative Guidelines:
Emergency Housing Sites
Packet Pg. 422 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 2 TABLE OF CONTENTS
INTRODUCTION .................................................................................................................................................. 4 GENERAL............................................................................................................................................................... 5 EMERGENCY HOUSING SITE STANDARDS................................................................................................. 6 OPERATIONS/ADMINISTRATIVE................................................................................................................... 7 Admission........................................................................................................................................................ 7 Denial of Admission........................................................................................................................................ 7 Participant Emergency Information................................................................................................................. 7 Intake ............................................................................................................................................................... 8 Database Management System........................................................................................................................ 8 Security............................................................................................................................................................ 8 Participation in Religious Activities................................................................................................................ 8 Participant Responsibilities ............................................................................................................................. 8 Participant Rights............................................................................................................................................. 9 Confidentiality ................................................................................................................................................. 9 Non-Discrimination/Reasonable Accommodations......................................................................................... 9 Transgender Access......................................................................................................................................... 9 Participants’ Mail............................................................................................................................................. 9 Storage of Belongings.................................................................................................................................... 10 Medication..................................................................................................................................................... 10 Universal Precautions.................................................................................................................................... 10 First Aid......................................................................................................................................................... 10 Weapons ........................................................................................................................................................ 11 Smoking......................................................................................................................................................... 11 Accessibility .................................................................................................................................................. 11 Emergency Response..................................................................................................................................... 11 Infectious Disease.......................................................................................................................................... 11 Abuse Reporting ............................................................................................................................................ 12 Drug and Alcohol Use/Possession................................................................................................................. 12 Search of Possessions.................................................................................................................................... 12 Storage of Belongings After Discharge......................................................................................................... 13 Discharge Reasons......................................................................................................................................... 13 Discharge Requirements................................................................................................................................ 13 Grievance Process.......................................................................................................................................... 14 PROGRAM .......................................................................................................................................................... 15 Hours ............................................................................................................................................................. 15 Curfew ........................................................................................................................................................... 15 Packet Pg. 423 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 3 Input............................................................................................................................................................... 15 Animal Care................................................................................................................................................... 15 Staff Requirements ........................................................................................................................................ 16 Food Storage/Service..................................................................................................................................... 16 Support Services............................................................................................................................................ 17 FACILITY............................................................................................................................................................. 19 Basic Building Standards and Fire Safety ..................................................................................................... 19 Safety Standards............................................................................................................................................ 19 Amenities....................................................................................................................................................... 19 Drinking Water.............................................................................................................................................. 19 Outlet Access................................................................................................................................................. 19 Cleanliness..................................................................................................................................................... 20 Pest Control ................................................................................................................................................... 20 Maintenance/Repair....................................................................................................................................... 20 Phone Access................................................................................................................................................. 20 Hazardous Materials...................................................................................................................................... 20 Entrance/Exits................................................................................................................................................ 20 Agency Vehicle ............................................................................................................................................. 21 Packet Pg. 424 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 4 INTRODUCTION
The City of Redding Administrative Guidelines for Emergency Housing Sites (hereafter “EHS”) are intended to help guide the delivery of EHS services and the development of the operations plan as required by the City of Redding Ordinance.
Packet Pg. 425 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 5 GENERAL
1. The health and safety of participants, volunteers and staff should be safeguarded within each EHS.
2. Each EHS shall create equal opportunities for all persons needing emergency housing services by prohibiting discrimination due to religious affiliation, race, color, national origin, ancestry, political or religious beliefs, language, disability, family composition, gender identity and/or sexual orientation.
3. The EHS will provide an atmosphere of dignity and respect for all EHS participants.
4. Participants must participate toward increasing levels of self-reliance and self- determination.
EHS staff will work with participants to assist them in achieving their goals.
5. EHS staff often have access to detailed and highly sensitive personal information about participants. Protecting the privacy and confidentiality of EHS participants and their personal information is required.
6. People who are experiencing homelessness may use substances to varying degrees. Everyone is entitled to EHS’s services whether or not they are a substance user. As a result, these standards require that admission, discharge and service restriction policies must not be based on substance use alone, unless otherwise specifically provided for in these guidelines.
7. In order to provide effective EHS programs and services, EHS participants must be offered opportunities to provide input and feedback in service provision and program planning for the program in which they participate.
8. EHS exits to stable housing through supportive services will occur within 10 months. Barriers to engagement will be considered to help assist those to find stable housing with supportive services, if possible.
9. Equal opportunity and standardized procedures will be utilized when determining eligibility, admissions, sanctions and dismissals, and resolving grievances.
10. All program participants are entitled to enjoy the maximum amount of privacy within the constrictions of the EHS environment.
11. EHS are part of a larger network of homeless services and agencies. Collaboration within this network is important to ensure effective and coordinated services.
12. All participants will be briefed and must sign an agreement to uphold the rules and guidelines for the Emergency Housing Site community. Criteria for unacceptable behavior on-site includes but is not limited to; persistent disruptive behavior, theft, use of alcohol, illegal drugs and paraphernalia or violence to yourself or others.
Packet Pg. 426 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 6 EMERGENCY HOUSING SITE STANDARDS
Minimal requirements for entry are placed on EHS participants. The EHS’s primary role is to provide basic life sustaining services in a manner that fosters a safe and affirming atmosphere for all program participants. Participants of local EHS may come from a variety of backgrounds and each has different needs for services. This could include, but is not limited to, those with pets, large amounts of personal belongings, identifying as part of a multi-member household or self‐identify as LGBTQ, or non-binary.
For the purposes of these Guidelines, an Emergency Housing Site is a site which provides short-term, emergency-temporary housing to not more than 30 individuals using Emergency Sleeping Cabins (as defined in Appendix O of the California Building Code) and are duly approved by the City Council.
Packet Pg. 427 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 7 OPERATIONS/ADMINISTRATIVE
EHS must develop and post Good Neighbor Policies addressing the EHS premises and the immediate surrounding neighborhood. These policies must clearly show provisions for how the EHS actively discourages and addresses excessive noise or loitering from EHS participants and others who may be near the site. Where applicable, the EHS must demonstrate coordination with other service providers and community partners to address the above issues and their impacts. The Good Neighbor Policies will be submitted to the City for review and approval as part of the permit issuance process.
EHS must provide written notification to all property owners within a 600 foot radius of the proposed site.
Admission
All EHS must have clearly written and consistently implemented referral standards, admission policies, and hours for new participant admission. All EHS must accept new participant admissions (when EHS is open, and beds are available) Monday through Friday for at least a four-hour period daily. When feasible, admissions should be accepted on weekends. Regular hours for participant intake and discharge must be posted at all entry points.
Denial of Admission
Denial of admission to the facility can be based on the following and is at the discretion of the EHS:
• Applicant does not meet the basic eligibility criteria for EHS admission (e.g. gender, age, homeless status, domestic violence victim, etc.). EHS with beds designated by funding sources as having additional restrictions (e.g. VA beds that require advance approval by the VA) may deny entry to those not meeting funding agency requirements. • A restraining order that prohibits admission to the facility. • Documented violent or threatening behavior
• Conduct from prior stay at the EHS which puts the health and safety of staff or participants at risk (e.g. violence, weapons violations, disclosing confidential information of EHS or participants, and egregious damage to property). If an applicant is denied entrance based on a prior stay, the applicant must be informed of the reason, conditions for lifting the restriction and the right to appeal, including name of contact regarding an appeal and information about the appeal process.
• The applicant requires care and supervision to manage the activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without the appropriate support available on-site.
Participant Emergency Information
EHS staff must collect emergency contact information and information about health needs upon admission that may impact an emergency response. Such information should be kept in a place accessible to on-duty staff in the event of an emergency.
Packet Pg. 428 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 8 Intake
Upon admission, participants must be provided with copies of the following documentation:
• Participant rights and responsibilities
• Program rules
• Storage policy, including storage after discharge
• Medication storage policy
• Grievance Procedure
• Listing of available resources to help occupant exit to stable housing Database Management System
Upon 48 hours of entry into the program, data on all participants will be entered in the Homeless Management and Information System (HMIS), pursuant to the data standards required.
Participant files will be maintained in accordance with the requirements of (HMIS) operated by the NorCal Continuum of Care (NorCal COC). For complete information on HMIS Data Standards, contact the NorCal COC at 1450 Court Street, Suite 108, Redding, CA 96001, (530)225-5160.
Security
Security measures shall be identified to safeguard the participants, operators, staff and the surrounding community. These measures may include security personnel, lighting, common area video cameras, line of sight, and other elements, as necessary, to maintain a safe facility.
Participation in Religious Activities
EHS cannot require participation in religious activities as a condition of receiving emergency housing or services. Religious activities include moments of prayer, the saying of grace before meals, or spiritual studies. While these activities are not prohibited, participation in such activities may not be required.
Participant Responsibilities
Participants are required to participate in the operations and management of their site.
Participant Responsibilities must be provided to each participant in writing and signed by the participant upon admission and posted in the facility in a highly visible location. Participant Responsibilities must include:
• A clear description of all program rules and potential consequences for violations of these rules.
• A “Participant Agreement” policy which outlines expected behavior in order not to interfere with the rights of other participants.
• Expectations regarding efforts being made to exit the EHS into stable housing as quickly as possible.
Packet Pg. 429 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 9 Participant Rights
Participant Rights must be provided in writing and posted in the facility in high visibility areas. All program requirements must be consistent with these standards. Rights must include:
• Participants have the right to be treated with dignity and respect; • Participants have the right to privacy within the constrictions of the EHS environment; • Participants have the right to be treated with cultural sensitivity; • Participants have the right to self-determination in identifying and setting goals; • Services should be provided to participants only in the context of a professional relationship based on valid, informed consent;
• Participants should be clearly informed, in understandable language, about the purpose of the services being delivered, including participants who are not literate and/or have limitedEnglish proficiency; • Participants have the right to confidentiality and have information about when confidential information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law;
• Participants have the right to reasonable access to records concerning their involvement in the program.
Confidentiality
All EHS must have confidentiality policies which, at minimum, are consistent with Homeless Management Information System (HMIS) privacy and security requirements, make certain that files are kept in a secure or locked location, and ensure that verbal communication of confidential information is done in such a way that avoids unintended disclosure.
Non-Discrimination/Reasonable Accommodations
All EHS must have policies on non-discrimination and reasonable accommodation and make reasonable modifications in programs, activities and services when necessary to ensure equal access to individuals with disabilities, unless fundamental alteration in the nature of the program would result from the accommodation.
Transgender Access
All EHS must comply with the HUD Rule on Appropriate Placement for Transgender Persons in Single-Sex Emergency Housing Sites and Other Facilities. See link: Transgender Placements.
Participants’ Mail
If an EHS provides mail service, any mail sent or received cannot be interfered with (e.g. staff opening participants’ mail, not providing mail to the Participant as soon as practical, etc.).
Packet Pg. 430 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 10 Storage of Belongings
All EHS must have a written policy that is provided upon intake as to what provision is made for securing belongings including what possessions can be held by the program at Participant request such as money, medications, and vital documents.
If an EHS holds funds or possessions on behalf of participants, this service must be voluntary, the program must maintain a log of items in their possession, and the funds or possessions must be returned within operational hours upon the Participant’s request. Each EHS decides how specifically to make their log, with consideration to their liability. It is expected that the log would track only those belongings that participants choose to store with the program and not all possessions brought into the EHS. This does not apply to belongings abandoned by a person who does not return to the EHS; in that situation, please refer to Storage of Belongings After Discharge.
In order to maintain a community free of clutter, each participant is responsible for maintaining a tidy unit. EHS must provide lockable lockers, storage trunks or make other accommodations which allow participantsto securely store their belongings. Reasonable access by the participantsto their belongings must be provided. Waivers of the requirement that storage space be lockable can be requested if the physical layout of the EHS or other barrier does not allow for lockable space.
Medication
EHS may not administer or dispense medication and may not require participants to turn over medication, unless administered by a licensed staff person as part of an on-site supportive program in which an EHS participant is dually enrolled.
If an EHS has provisions for securing prescription medications it must have a written policy that is provided to an occupant upon intake detailing the EHS’s and the occupant’s responsibility to store, secure and use said medication safely. EHS may encourage participants to lock medications in secure storage areas if made available in order to protect medication from theft but may not require participants to turn over medication.
Universal Precautions
Staff must comply with universal precautions, proper sharps disposal and have a written policy in place governing protocols related to universal precautions.
First Aid
Basic first aid supplies must be available on-site and accessible to staff at all times.
Packet Pg. 431 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 11 Weapons
All EHS must have a weapons prohibition policy. Weapons include, but are not limited to, firearms, pepper spray, mace, knives, bats and clubs. EHS should use discretion when determining which types of knives should be prohibited. EHS may, but are not required to, have a mechanism for checking and storing weapons upon entry.
Smoking
EHS shall prohibit smoking indoors and reasonable efforts must be made to prevent smoke from entering buildings. No smoking should be allowed within 20 feet of EHS facilities unless this is infeasible due to layout of grounds. EHS are required to follow any local ordinances regarding smoking in public areas.
Accessibility
EHS and associated facilities must conform to all pertinent requirements of the Americans with Disabilities Act (ADA). See https://www.ada.gov/pcatoolkit/chap7Shelterchk.htm. Beds designated as accessible must comply with federal height and distance standards requiring a minimum of 36 inches between sleeping units and a sleeping surface height between 17-19 inches above the finished floor. Beds designated as accessible must be prioritized for participants with disabilities. EHS are encouraged to provide as many ADA accessible beds as possible, but it is not required or expected that all beds meet these requirements.
Program documentation must be provided in forms accessible to hearing-impaired and sightimpaired individuals, upon request.
EHS that provide transportation for participants must also make provisions for participants who need vehicles that are wheelchair accessible.
Emergency Response
All EHS must have an emergency response plan in place.
Infectious Disease
EHS are a valuable partner in public health and, as such, are responsible to report any suspicious of infectious disease within the EHS or when suspected or detected among any EHS participants or staff.
An infectious disease which significantly increases the risk or harm to other EHS participants or staff may be a reason for denial or discharge. Participants with lice or scabies or exhibiting symptoms of Tuberculosis (TB) shall be allowed to stay in the EHS unless the disease or infestation cannot be appropriately contained (e.g. due to close quarters of facility), in which case those participants may be discharged and referred to a health care provider for treatment.
Packet Pg. 432 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 12 Abuse Reporting
All EHS must have a policy that details any legal duties to report elder, dependent adult, child or animal abuse and a written plan and process for reporting such abuse to the appropriate reporting agency.
Drug and Alcohol Use/Possession
EHS must have a policy prohibiting the possession, use, or distribution of alcohol or illegal drugs on the premises. If alcohol or drugs are found, participants should be given the opportunity to dispose of the prohibited substance or leave the EHS for that night if they do not wish to dispose of the prohibited substance. A single violation of this policy cannot be a reason for discharge unless the violation compromises the health or safety of other participants or staff. Multiple violations of this policy may be used for grounds for discharge.
Admission, discharge, and service restriction policies must not be based on substance use or possession alone unless as noted above for multiple violations.
Drug testing of participants is prohibited unless the testing is part of an agreed upon treatment plan with the participant. Submission to drug testing cannot be a requirement for residency and refusal to participate in drug testing cannot be the basis for involuntary discharge.
Being under the influence on-site may not be the basis for discharge.
Noncompliance with treatment or containment measures that endangers other participants may be cause for discharge.
EHS must comply with California Code of Regulations, Title 8, Section 5199, regarding Aerosol Transmissible Diseases (ATD) control and worker and client safety expectations:
http://www.dir.ca.gov/title8/5199.HTML.
For additional guidance on this regulation and for information regarding best practices for control of infectious disease, please also refer to “Preventing Tuberculosis (TB) in Homeless Shelters” published by the Los Angeles County Department of Public Health:
http://publichealth.lacounty.gov/tb/docs/LATBGuidelinesforShelters.pdf Search of Possessions
All EHS must have a policy and procedures in place governing how and when searches of participants’ private possessions may be conducted. Searches may only be conducted when there is “probable cause” to believe that the person has in his or her possession something which may jeopardize the safety of other participants or staff, including a weapon, or illegal material, including illegal drugs, or something which is interfering with the peaceful enjoyment of the facility of other participants such as food that is attracting vermin. If the person does not consent to the search, and “probable cause” exists to search, the person may be given the choice of being discharged or being searched.
Packet Pg. 433 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 13 Storage of Belongings After Discharge
EHS must have a written policy for the storage of belongings after a participant exits, which must include, at a minimum, storage of belongings for at least five (5) working days after participants’ exit and a clear process for discharged participantsto reclaim their possessions. A copy of the policy must be provided to all participants at intake.
Discharge Reasons
The following reasons may be used as a basis for discharge from an Emergency Housing Site, and must occur on Emergency Housing Site premises:
• Possession of a weapon at the EHS
• Assault or other violent behavior.
• Theft.
• Destruction of property.
• Restraining order precludes continued residence.
• Participant behavior endangers health or safety of participants or staff. • Presence of infectious disease that significantly increases the risk of harm to other participants or staff.
• Multiple violations of the Drug and Alcohol Use/Possession policy. • Individual requires care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without appropriate supports available on- site. Individuals discharged due to care and supervision needs cannot be discharged to the streets. • Refusal of personal property search when probable cause exists.
Participants may be discharged for refusing multiple housing opportunities; however, evidence must be present that EHS staff actively attempted to engage the participant in services designed to support EHS exit to stable housing with consideration given to each participant's barriers to engagement.
EHS are not required to hold beds for longer than 72 hours. If a participant is absent from their bed for 72 hours without appropriate notification to EHS staff regarding absence, the participant may be discharged.
Discharge Requirements
All EHS must provide a written copy of the procedure for filing a grievance to the participant when a participant is involuntary discharged. If it is not feasible to provide the procedure at the time of discharge (e.g. the participant is being removed by law enforcement) this requirement may be waived; however, if the participant subsequently returns to the facility, the grievance procedure must be provided.
A participant may be denied future admission as a result of the circumstances of discharge. The participant must be informed of the reason, the conditions for lifting the restriction and the right Packet Pg. 434 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 14 to appeal, including whom to contact regarding an appeal and information about the appeal process.
Unless the participant poses an immediate threat to the health and safety of other participants and/or staff members, EHS should avoid discharging participants at night and must be approved by a supervisor if doing so. During hours that there is no supervisor on site, there must be a supervisor available “on-call” to approve discharge decisions. Approval may be given verbally but should be documented in case notes.
Grievance Process
All EHS must have a written appeal and complaint policy/protocol that is provided to each participant upon intake and is publicly posted in a location with high visibility to participants. At a minimum, the protocol must include:
• The opportunity for participants to present their case before a neutral decision-maker (a supervisor or manager who was not directly involved in the incident or situation of the grievance)
• Accommodation of third-party advocates in the appeal process. Reasonable efforts must be made to coordinate with a participant’s advocate in order to schedule the appeal. • A requirement that participants be given a written response to their appeal within a reasonable time frame.
• A provision that when a participant files an appeal related to his/her ability to stay in the EHS the occupant may stay in the EHS until the appeal process is completed unless allowing the participant continued residence poses a risk to the health and safety of other participants and/or staff.
• An appeals procedure that allows participants to appeal, at a minimum, decisions related to admissions denials for cause, terminations and disciplinary actions. • Provisions for providing participants with information about any subsequent appeals process available through program policies or any funding agency or their respective regulations.
Packet Pg. 435 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 15 PROGRAM
Hours
All EHS must post hours of operation in highly visible locations and at all entrances. If the EHS is open 24/7, participants must be allowed access to their possessions and to the facility common space at all times. If access to sleeping areas is not available during the day, accommodations should be made to allow access for those participants working irregular hours, those who are ill, etc. Specific accommodations will be defined in the Operations Plan. All EHS must provide facilities available to participants for sleeping for a minimum of eight (8) hours.
The EHS manager shall enforce quiet hours.
Curfew
This policy will be consistently enforced. Missing a curfew cannot be a reason for denial of entry or discharge unless the late arrival compromises the health or safety of other participants or staff, or if the participant’s late arrival repeatedly interferes with the rights of other participants to peaceful enjoyment of the facility.
Input
Programs shall provide participants with on-going opportunities to provide feedback and make suggestions regarding programming and rules. This can be accomplished in a variety of ways including exit interviews, surveys, one-on-one interviews, participant focus groups, inclusion of homeless or formerly homeless members on the agency board of directors or subcommittee, having homeless or formerly homeless people trained and hired as staff, and/or the creation of a Participants’ Advisory Council.
In addition to any other activities, EHS must host “participant optional” meetings once per month and provide at least 24 hours advance notice to participants of the meeting time and location.
Animal Care
Pet owners shall assume the responsibilities for caring for their animals. Water will be available.
Additional provisions may be provided at the site. Some sites may be unsuitable for pets. Pet owners are also responsible for administering all regular medications to their animals, apart from vaccinations.
The EHS reserves the right to refuse admittance to animals that appear too aggressive for the EHS to handle. Regardless of initial presenting temperament, enforcement of EHS rules to reduce the risk of bites and other injuries must be observed and include:
• All animals should be handled only by their respective owners or trained staff members; • All animals on EHS property should be leashed or confined (kenneled/carrier) at all times; • Participants should not handle or touch pets other than their own; and • All incidents involving aggressive animals are documented in writing prior to removal of the pet from the site.
Packet Pg. 436 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 16 Staff Requirements
EHS must have sufficient staff on duty at all times. EHS must make provisions to have on-call staff available.
EHS must have a supervisor/manager available on call to the program at all times for consultation to staff about challenging participant situations and other urgent matters. All EHS should have a consultation policy in place that outlines situations requiring consultation up the chain of command.
Food Storage/Service
Sanitary facilities
All EHS that either prepare and serve meals or provide areas for participantsto prepare and consume their own meals must ensure that all areas used for food storage and preparation are sanitary. Kitchen and dining areas must be kept clean and comply with all relevant health codes.
Donated Food
Programs that serve food prepared off site by regular donors must provide donors with a handout that details the requirements for food preparation. All food donors must read and sign the handout to confirm knowledge of the standards and must provide current contact information.
Programs are discouraged from accepting food that has been prepared off-site by intermittent donors.
Meal schedule
If meals are served, a meal schedule must be posted.
Dietary modifications
If meals are served or food is provided for participants to use to prepare their own meals, EHS must make dietary modifications and/or provide appropriate food options based on participants’ health, religious, and/or cultural practices. As feasible, food provided should promote healthy eating.
Dining facilities
EHS must provide a table and chairs if food is served.
Food allergies
Any snacks and meals provided should be provided with reasonable accommodations made for known allergies, including children, if residing in the EHS. Providers should be asking about food allergies at intake; however, it is the parents’ responsibility to inform the program of children’s food allergies.
Packet Pg. 437 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 17 Support Services
Case Management
Case management and supportive services focus on housing or directly supporting the goal of housing and should reflect the short-term nature of assistance toward housing placement.
Critical components in the provision of case management services include the following:
• Low Barrier practices
• Housing First
• Harm Reduction
• Trauma Informed Care
• Client-centered
• Culturally competent
The following case management services must be available to program participants receiving these services. To ensure the consistent delivery of case management services, operators must incorporate written case management procedures and forms that include the following:
• Referral Procedures: Establish referral and follow-up procedures to confirm participants are connected to services to which they are referred. Documentation of referrals made and referral confirmation must be maintained in participant files. • Health and Wellness referrals: Ensure participants are linked to and assisted in accessing medical health, mental health, and any needed alcohol and drug services. • Mainstream Benefits: Establish procedures for screening participants at program entry and intake for eligibility to mainstream benefits. Assisting participants by coordinating the completion and submission of applications for public benefits and entitlements (e.g., general assistance, SNAP, SSI/SSDI, Veteran benefits) health insurance benefits (e.g., Medi-Cal, Medicare, Covered California, etc.), and other sources of financial assistance.
• Education/life skills.
• Employment Development/Placement Programs: Assessing employment history and goals and assisting participants to engage in services that will prepare the individual to obtain employment in collaboration with participating agencies.
Housing Case Management
Participants must be offered, and are required to participate in, services they need in order to attain and stabilize in permanent housing. Case management must be conducted on a regular basis and the EHS must document content and outcome of case management meetings. Core services will include:
• Development of an individualized service plan based on needs, circumstances and market conditions, focused on helping individuals find and keep permanent housing and linkages to other community based supportive services as needed.
Packet Pg. 438 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 18 • Creating a referral network for other services and coordinating with other services providers and case managers.
Housing Navigation
Housing navigation services must provide ongoing engagement and support in order to facilitate a match to an appropriate permanent housing placement. Housing navigation objectives will include:
• Connecting participants to needed resources;
• Buffering participants from the stress of navigating housing access; and • Supporting participants in managing their own lives within the scope of their resources and abilities.
Core Navigation Services:
• Housing location and counseling services to identify the most appropriate housing placement;
• Establishing relationships with private and public owners and rental agencies willing to provide permanent housing to clients;
• Assisting with housing applications and appeals, and negotiating rental agreements; • Facilitating shared housing opportunities in community-based housing and through master leasing; and
• Assisting with the move-in process, including identifying resources for basic furnishings, accessibility modifications, or other expenses.
Health services access
EHS staff will encourage participants to obtain and maintain health insurance, obtain a primary care provider and access immunization service. This must include publicly posting or otherwise making available information on health-related services.
Recordkeeping
EHS must have written intake and client record keeping procedures and files that include intake interviews and records of services provided.
Assessment
A basic assessment that includes an evaluation of the service needs of the occupant, information about past or current services received and other information necessary to provide services must be conducted or updated for all occupants.
Transportation
Transportation is required to help participant’s access essential services such as, community-based services, medical services and housing searches. Shuttle service, bus passes and car services such as Uber and Lyft may be utilized. Accommodations must be made for disabled persons who are unable to access general means of transportation.
Universal Accessibility to transportation must be made available, such as RABA, the use of bicycles, or forms or transportation.
Packet Pg. 439 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 19 FACILITY
Basic Building Standards and Fire Safety
All facilities must comply with HUD Emergency Solution Grants facility standards (HUD ESG Facility Standards) and local applicable building and fire codes. Evidence of compliance with local codes must be provided.
Facilities must have annual fire inspections conducted by the fire department and conduct regular fire drills. Training must be provided to staff on fire safety.
Safety Standards
EHS must comply with state and local health, environmental and safety standards.
Amenities
• The EHS must have a heating and ventilation system and maintain a comfortable temperature.
Emergency Sleeping Cabins will comply with Appendix O of the California Building Code. • The EHS shall have a housekeeping and maintenance plan to ensure a safe, sanitary, clean and comfortable environment.
• The EHS shall provide each person with access to a single or double occupancy emergency sleeping cabin with a mattress and bedding, (a blanket and pillow), all of which are clean and in good repair.
• The EHS shall have a sufficient supply of functionally clean and reasonably private toilets and hand wash basins, with hot and cold running water and that meet the requirements of the Americans with Disabilities Act.
• The EHS should have a sufficient quantity of functionally clean and reasonably private bathing facilities with hot and cold running water or will provide for access to bathing facilities at least twice per week through contract or other means. All bathing facilities must meet the requirements of the Americans with Disabilities Act.
• The EHS should have laundry facilities available to residents, or access to laundry facilities nearby or transportation to laundry facilities will be provided or nearby. • The EHS shall provide towels, soap, and toilet tissues.
Drinking Water
EHS must provide access to drinking water at all times.
Outlet Access
EHS must provide access to electrical outlets for charging personal devices such as cell phones and medical equipment. Emergency Sleeping Cabins must have outlets as required by California Building Code Appendix O.
Packet Pg. 440 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 20 Cleanliness
Resident Participation - Bath/toilet areas, hallways, and other common use areas must be cleaned daily. EHS must have proper trash receptacles that are emptied regularly.
Both the interior and exterior of the facility must be free of debris, clutter, and unsanitary items and there must be no obvious safety risks.
Pest Control
EHS must ensure adequate provision of pest control services.
EHS must have a protocol in place for the prevention and control of bed bugs. (See https://www.cdc.gov/parasites/bedbugs/ for best practices related to bed-bug prevention). 24-hour notice must be provided to participants of pest control activities unless the type and degree of infestation requires an immediate response (e.g. bed bugs).
Maintenance/Repair
Facilities must be maintained in good repair. The general appearance of the buildings and surrounding grounds must be well maintained and free from litter and offensive visual ques such as overladen shopping carts. There must be a written housekeeping and maintenance plan.
EHS must post the process for reporting maintenance concerns, acknowledge issues reported within two days, and identify the timeframe for addressing the concern. Emergency maintenance items must be immediately addressed.
Phone Access
A telephone (land line or cell phone) must be available to staff for emergencies. Emergency numbers should be posted by the telephone or otherwise made available to on duty staff. Es must take emergency phone messages and messages from service providers for participants in residence.
Hazardous Materials
In accordance with established standards, EHS must label all chemicals and cleaning supplies and keep all such materials out of reach of children. Any hazardous materials must be stored separate from food.
No fires, including cooking or warming fires will be allowed on site at any time.
Entrance/Exits
Exits must be clearly marked and must be kept clear of blockage and tripping hazards.
All steps must have handrails as required by applicable codes. Steps must have treads or similar accommodation to prevent slipping.
Exit signage must be consistent with all applicable codes.
Packet Pg. 441 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 21 Agency Vehicle
If an EHS location maintains a vehicle used for participant transport, the vehicle must be properly maintained, licensed and insured. All drivers must be properly licensed. Provisions must be made to provide equal access to transportation services to disabled participants.
Packet Pg. 442 Attachment: Final -Guidelines - Emergency Housing Sites (002) (9.2(a)--Goodwater Crossing Emergency Housing Site) ORDINANCE NO. 2637
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18
(ZONING), CHAPTER 18.17 (TEMPORARY USE PERMITS), BY
AMENDING SECTION 18.17.020 (TEMPORARY USES EXEMPT FROM
PERMITS), RELATING TO ESTABLISHING THE CRITERIA FOR
PERMITTING EMERGENCY HOUSING SITES AND THE OPERATION
OF THE SAME DURING A DECLARED SHELTER CRISIS
WHEREAS, the 2020 Shasta County Point-in-Time Report purported that four hundred fifty-four (454) individuals within the City of Redding (City), including veterans, women, children, individuals with disabilities, senior citizens, and other vulnerable groups, are experiencing unsheltered homelessness within the City; and
WHEREAS, on September 25, 2020, the Governor signed Assembly Bill 2553 which expanded the Shelter Crisis Law, providing all cities and counties flexibility in addressing the homeless crisis and provide additional shelter options to individuals experiencing homelessness; and WHEREAS, the Shelter Crisis Law permits local jurisdictions to adopt reasonable local standards which, at a minimum, meet the standards provided in the 2019 California Residential Code Appendix X and the California Building Code Appendix O; and WHEREAS, the City Council has received extensive testimony and been provided extensive data on the deleterious impacts of homelessness on individuals who lack shelter and the community at large; and
WHEREAS, unauthorized camps exist throughout the City and many of these camps are unsanitary and thereby have a harmful consequence to the environment; and WHEREAS, occupants of the unauthorized camps are vulnerable to theft, crime, and extreme weather conditions; and
WHEREAS, the aforementioned conditions threaten the physical and mental health of the individuals living in these camps and the safety and well-being of the general public impacted by the nuisance conditions occurring at unauthorized camp locations; and WHEREAS, the City has shelter capacity that is not exhausted by the number of unsheltered individuals in the City, but many unsheltered individuals do not avail themselves of opportunities provided by existing shelter options; and
WHEREAS, the City Council finds that expanding the type and number of shelter options may encourage the unsheltered to avail themselves of the shelter opportunities provided herein and that such opportunities may serve as a bridge to more permanent shelter; and Packet Pg. 443 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) WHEREAS, the City Council has determined that strict compliance with state and local standards and laws in existence as of the effective date of this Ordinance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis; and
WHEREAS, it is the purpose of this ordinance is to define requirements and provide a process for the City to review and authorize, through a permit approved by the City Council, the establishment and operation of Emergency Housing Sites and related facilities by a third party as required by the Ordinance and that meet certain health and safety standards; and WHEREAS, adoption of this Ordinance will promote the public health, safety, convenience, and welfare of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. The findings set forth above are hereby adopted as findings of fact.
Section 2. Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits), Section
18.17.020 is amended to read as follows:
18.17.020 - Temporary uses exempt from permits.
The following temporary uses are allowed without a use permit subject to meeting any applicable standards and limitations established in the Redding Municipal Code, the limitations specified by this section. The following temporary uses are permitted:
A. Charitable Events, Fundraising, and Community Events. Fundraisers and like charitable events, limited to three days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties and shall not use more than ten percent of the available site parking.
B. Construction Yards and Offices. On-site contractors' construction yards and offices, including manufactured or mobile units, in conjunction with an approved construction project. Yards and offices shall be removed within ten days of receiving an occupancy permit for the project.
C. Emergency Shelters and Activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the City Building Official and Fire Marshal prior to use.
D. Garage and Yard Sales in Residential Zones. Three garage or yard sales in any twelvemonth period, not exceeding three consecutive days each, shall be deemed a use incidental to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones.
Packet Pg. 444 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) E. Outside Displays/Seasonal and Other Sales. The temporary outdoor display/sales of merchandise in conjunction with a lawful business on the premises not exceeding four consecutive days or a total of sixteen days in any calendar year. The sales area may not reduce available parking by more than ten percent. A site development permit is required to exceed these standards. Tents are specifically excluded from this exemption.
F. Public Property. Events which are to be conducted on public property with the approval of the city, not exceeding three days in duration, subject to the findings required by Section
8.17.070.
G. Model Home Real Estate Sales Offices. Real estate sales offices within model homes in new residential developments.
H. Seasonal Sales Lots. Seasonal sales of Christmas trees and pumpkins on nonresidential properties, including temporary security trailers for a period not exceeding forty-five days.
I. Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, do not require a use permit and are compatible with the zoning district and surrounding land uses.
J. Mobile Medical. A special purpose commercial coach that provides medical, diagnostic and treatment services that is parked on private property subject to the land use regulations of the city shall comply with the following conditions and requirements:
1. Shall be licensed per the State of California Health and Safety Code.
2. Mobile Medical units shall not be operated from the public right of way and shall be located on a parcel meeting at least one of the following criteria; a. In zoning districts that allow clinics as a permitted use. b. In residential districts, in conjunction with health fairs, pediatric health screenings, school physicals, oral health services, limited to non-residential properties such as churches and schools and limited to twelve days per property per year.
c. As an accessory use to an existing treatment facility, clinic, shelter, or hospital.
d. As a transitional use where a clinic is proposed and under review by the City of Redding.
3. Services shall be limited to licensed and accredited oral health preventative services and primary care and preventative health care programs that have an existing collaboration with a local hospital or licensed medical clinic to meet the necessary Packet Pg. 445 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) health care referral needs of the community and patient population being served.
Pain clinics are prohibited.
4. Services shall not be provided without an approved Operational Plan (Plan). A Plan shall be provided by the operator for the review and approval of the director. At the discretion of the director, a public meeting may be scheduled for the purposes of collecting input and feedback from neighboring property owners regarding the plan. The director shall approve, deny, or request modifications to the plan within forty-five days of receipt. The approved plan shall remain active throughout the duration of the operation and all operational requirements covered by the plan shall be complied with at all times. Modifications to the plan may be required at any time by the director to address negative impacts on the neighboring properties. At a minimum, said plan shall contain provisions addressing the areas outlined below. a. Security and safety- addressing both on- and off-site needs. b. Loitering/trespass/noise control - with specific measures regarding operational controls to minimize, to the extent possible, trespass on private property or the congregation of clients in the vicinity of the facility during hours that services are not provided.
c. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize negative impacts to neighboring properties.
d. Communication and outreach - with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood. The director shall be provided with the name, cell phone number and email address for the on-site supervisor. e. Litter control - with the objective of providing for the removal of litter attributable to clients within the vicinity of the facility. f. Site plan - that shows the location of the vehicle, setbacks to property lines, parking lots, fire lanes and accessible paths of travel. The vehicle shall avoid blocking fire lanes and accessible paths of travel. To the extent possible, the vehicle shall be located in rear or side yards in existing paved areas. The vehicle shall not be parked in landscaped areas.
g. Duration of operations - limited to no more than two days per site per week, except in cases of transitional uses, disaster relief, health fairs, and other similar cases at the discretion of the director.
h. Hours of operation - shall generally be limited to 8:00 a.m. to 4:00 p.m.
Special events such as blood drives and health fairs may be allowed beyond these hours at the discretion of the director.
Packet Pg. 446 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site)
5. Appeal of the determination to deny the approval of a plan or to contest the imposition of a permit requirement imposed after approval of a plan shall be made in accordance with the procedures set forth in Chapter 18.11 (Common Procedures) set forth in this Title.
K. Food Trucks. Commercial vehicles parked on private property from which operators sell prepared food and beverages to the public (hereafter "food trucks") shall comply with the following conditions and requirements:
1. Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Shasta County Environmental Health Division, and operators shall possess a valid City of Redding business license.
2. Food trucks shall be permitted only in zoning districts that allow full service restaurants either as a permitted use or with director approval of a site development permit.
3. Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semipublic uses.
4. Food trucks shall not operate for more than three hours per site per day, but may park on said sites for up to one hour prior to operating and up to one hour after ceasing daily operations.
5. Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces.
6. Food trucks shall only operate between 7:00 a.m. and 12:00 a.m., except on sites which abut Residential districts, in which case they shall only operate between 8:00 a.m. and 10:00 p.m.
7. Food trucks shall maintain trash receptacles on-site and pick up any trash left onsite prior to ceasing daily operations.
L. Food Concessions. Food concessions, including hot dog stands, may be permitted when located adjacent to an existing retail building.
M. Declaration of a Shelter Crisis. An Emergency Housing Facility is a facility approved by the City Council which provides short-term, temporary shelter to not more than thirty (30) individuals using Emergency Sleeping Cabins and must conform to the definitions for Emergency Housing Site and Emergency Housing Facilities, as defined by Appendix O of the California Building Code and Appendix X of the California Residential Code.
Packet Pg. 447 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site)
1. No person shall operate an Emergency Housing Site unless the City Council has declared the existence of a shelter crisis under the Shelter Crisis Law (Gov. Code sections 8698-8698.4) and issued a permit for an Emergency Housing Site.
2. Emergency Housing Sites must adhere to the Administrative Guidelines as adopted by resolution of the City Council.
a. Emergency Housing Sites are not authorized or restricted in any particular zoning within the City limits, but must satisfy the following criteria:
1. Be situated more than 500 feet, measured from property line to property line, from any of the following: childcare center; childcare in-home (family day care home); school (K-12); formal park; or museum; and
2. Be situated not less than one-half mile, measured from property line to property line, from any other Emergency Housing Site.
3. Emergency Housing Sites shall be subject to the following conditions:
a. Setbacks. Emergency Sleeping Cabins must be set back a minimum of five (5) feet from all lot lines, and ten (10) feet from all other temporary or permanent structures.
b. Screening. Emergency Housing Sites must provide screening, as determined by the City, so that the viewshed from adjacent public or private property is minimized.
c. Paving. All surfaces within the footprint of the Emergency Housing Site must have a hard surface consisting of asphalt concrete paving, concrete, masonry block or other similar material unless otherwise specifically approved by the City Council.
d. Potable water. The operator of the Emergency Housing Site must provide potable water for all occupants.
e. Hours of operation and quiet hours. The Emergency Housing Site must always be accessible for registered occupants. Regular hours for occupant intake and discharge must be posted. The Emergency Housing Site manager shall enforce quiet hours between 10:00 PM and 6:00 AM. f. On-site personnel. A manager must be on-site when occupants are present and during normal operating hours. The manager’s area shall be located near the primary entrance to the facility. The manager’s name, telephone number, and e-mail address must be posted and easily visible to the public.
Notwithstanding the above, an Emergency Housing Site, accommodating Packet Pg. 448 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) six persons or less, may recommend alternative on-site management criteria.
g. Lighting. Pedestrian pathways and parking lots must be well lit. Lighting must be designed, located, or screened so that it is not directly visible from any participant’s shelter unit. Any illumination must not produce glare or reflection for occupants of neighboring buildings or on public streets. h. Waiting area and common space. The Emergency Housing Site must provide a waiting area and common space.
i. Personal storage. Occupants must be provided a safe and secure place to store personal property sufficient to accommodate all such property not reasonably subject to stowage in the Emergency Sleeping Cabin. j. Restrooms. The Emergency Housing Site must have a minimum of one (1) toilet for every fifteen (15) occupants.
k. Sanitation. The Emergency Housing Site must be maintained in safe and sanitary conditions and free of vermin, vectors, and matter of an infectious or contagious nature. The Emergency Housing Site must be kept clean and free of debris, filth, garbage, and deleterious matter. All garbage and food waste must be deposited in covered receptacles which are emptied when necessary and when full, and the contents disposed of in a sanitarymanner. l. Water Meter. A lot or parcel with an Emergency Housing Site may be allowed to use an existing metered water service connection of an adjoining lot to provide water service for the Emergency Housing Site. The owner of the adjoining lot must consent, in writing, to the use by the Emergency Housing Site and must install backflow protection compliant with City standards at the City point of service. The owner of the adjoining lot served by the existing water service connection shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection and used by the Emergency HousingSite.
m. Length of Stay. Residents of an Emergency Housing Site may not stay more than ten (10) months in any twelve (12) month period.
4. Operators and occupants of Emergency Housing Sites that receive and comply with a permit issued under this Section are exempt from the provisions of Chapter 10.40 of the City of Redding Municipal Code.
5. An Operational Plan for the Emergency Housing Site must be developed in accordance with the Administrative Guidelines for Emergency Housing Sites and approved by the City Council as part of the permitting process.
Packet Pg. 449 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site)
6. Emergency Housing Sites will require site plan and design review by the City Manager prior to Council consideration.
7. Emergency Sleeping Cabins must comply with Appendix O of the California Building Code and Appendix X of the California Residential Code as adopted by the City Council of the City of Redding.
8. Emergency Sleeping Cabins be must be part of an Emergency Housing Site, as defined by this Section.
9. No fee shall be charged for the review and issuance of a permit as described in this Section.
10. All permits granted under this Section remain in effect only during a shelter crisis, as declared by resolution of the City Council. Upon the expiration or repeal of the city’s shelter crisis declaration, or the repeal of this Section, all administrative permits granted under this Section expire and all permit holders must immediately cease operations and return the Emergency Housing Site to its previous condition.
A. Permits issued pursuant to this Section are not property, they have no value, do not create vested rights, and cannot confer nonconforming status.
B. No permit, or renewal of a permit, granted pursuant to this Section shall exceed a term of one (1) year.
C. A permit granted pursuant to this Section may be renewed. Unless waived in writing by the City Manager, the Permittee must provide notice to the City Manager of its intent to apply for renewal at least ninety (90) calendar days before the expiration of the permit.
11. In addition to any other remedy allowed by law or equity, any person who violates a provision of this Section is, without prejudice to the exercise of other remedies in law or equity, subject to enforcement in the manner described in Chapters 1.13,
1.14 and 1.15 of the City of Redding Municipal Code.
12. Violations of this Section are hereby declared to be a public nuisance.
13. All remedies prescribed under this Section shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.
14. Pursuant to Government Code section 8698.4(a)(5)(C), the City Manager shall, not later than July 1st of the year following the declaration of any shelter crisis, develop a plan to address the shelter crisis, if declared, which shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive services. The City Manager shall also make the annual report required by Government Code section 8698.4(a)(6).
Packet Pg. 450 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance.
The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
Section 4. The City of Redding finds that, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this Ordinance is therefore not subject to the provisions requiring environmental review. The ordinance will not increase traffic but serves only to redirect traffic which already exists.
I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Redding at a regular meeting on the 1st day of June, 2021, and was duly read and adopted at a regular meeting on the 15th day of June, 2021, by the following vote:
AYES: COUNCIL MEMBERS: Mezzano, Schreder, Winter, and Resner NOES: COUNCIL MEMBERS: Dacquisto
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
_/s/Kristen Schreder _______________
KRISTEN SCHREDER, Vice Mayor
ATTEST: APPROVED AS TO FORM:
_/s/Pamela Mize____________________ _/s/ Barry E. DeWalt_________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 451 Attachment: Ordinance No. 2637 (9.2(a)--Goodwater Crossing Emergency Housing Site) ORDINANCE NO. 2638
AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING
MUNICIPAL CODE TITLE 16 (BUILDINGS AND CONSTRUCTION),
CHAPTER 16.02 (BUILDING CODE) BY AMENDING SECTION 16.02.010 (CALIFORNIA BUILDING CODE ADOPTED); AND CHAPTER 16.03
(RESIDENTIAL CODE) BY AMENDING SECTION 16.03.010
(CALIFORNIA RESIDENTIAL CODE ADOPTED), RELATED TO
ADOPTING APPENDICES TO THE UNIFORM CODES IN ORDER TO
FACILITATE ADOPTION OF STANDARDS RELATING TO
EMERGENCY SHELTERS
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Redding makes the following findings of fact necessary for changes or modifications to the 2019 California Building Standard Code due to local conditions which may necessitate a declaration of a shelter crisis:
1. Title 16 of the Redding Municipal Code (“RMC”) generally adopts the provisions of the 2019 California Building Standards Code subject to modifications made necessary by local conditions.
2. Appendix O of the California Building Code and Appendix X of the California Residential Code, both a part of the 2019 California Building Standards Code, set forth standards for emergency housing and emergency housing facilities to ensure the protection of public health and safety when there has been a declaration of a shelter crisis pursuant to Government Code section 8698.
3. Government Code section 8698(e) defines a “shelter crisis” as the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.
4. Government Code section 8698.4 provides, in pertinent part, that a city may adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein, to the extent that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
5. Government Code section 8698.4(a)(2) also provides, in pertinent part, that a city may deviate from the standards provided in the 2019 California Residential Code Appendix X and California Building Code Appendix O if it makes findings stating why the standards cannot be met and stating how the standards in the ordinance protect health and safety.
Packet Pg. 452 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site)
6. There are ready-made emergency sleeping cabins immediately available in the market for purchase which have sixty-four (64) square feet of interior floor area, and these cabins would make an immediate impact in housing the homeless.
7. There appear to be no ready-made emergency sleeping cabins which are immediately available in the market for purchase which have seventy (70) square feet or more of interior floor area.
8. Requiring a minimum interior floor area of seventy (70) square feet for emergency sleeping cabins would require design, plan check, and fabrication thereby significantly delaying the ability to move individuals out of the elements and safely into shelter in an environment where services are available.
9. In order to immediately respond to a shelter crisis, the square footage standards set forth in the 2019 California Residential Code Appendix X and California Building Code Appendix O must be reduced because the primary concern in a shelter crisis is the immediate protection of the of the safety and health of the homeless individuals.
10. There is no appreciable reduction in the health and safety of the intended occupants of the emergency sleeping cabins by reducing the square footage requirements in the 2019 California Residential Code Appendix X and California Building Code Appendix O by six (6) square feet for single occupants and twenty (20) square feet for two occupants.
11. The City Council therefore determines that strict compliance with the floor area requirements set forth in Appendix O of the California Building Code and Appendix X of the California Residential Code would prevent, hinder and delay the mitigation of the effects of a shelter crisis, when declared.
Section 2. Title 16 (Buildings and Construction), Chapter 16.02 (Building Code), Section16.012.010 of the Redding Municipal Code is hereby amended to read as follows:
16.02.010 - California Building Code adopted.
A. That certain document, a copy of which is on file and open for inspection in the City of Redding permit center, marked and designated as "California Building Code (CBC), 2019 Edition, Volumes 1 and 2," published by the International Code Council, is adopted as the building code of the city and is included in and made a part of this code as though set forth at length herein.
1. California Code of Regulations, Title 24, Part 2, California Building Code, Appendix O, Emergency Housing, is adopted as though set forth at length herein excluding therefrom any requirement that an emergency sleeping cabin shall not be less than seventy (70) square feet of interior floor area for one occupant and fifty (50) square feet for each occupant in excess of one (1), and, in lieu of said requirement, establishing that an emergency sleeping cabin shall not be less than Packet Pg. 453 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) sixty-four (64) square feet of interior floor area for one occupant and one hundred (100) square feet for two occupants.
B. Snow load CBC Section 1608 is replaced by the following:
1608.1 General. Design snow loads shall be determined by the Building Official.
C. Delete CBC Section 1905.1.7 and adopt 2019 Los Angeles Area Regional Uniform Code Program (LARUCP) recommendation 19-01 per the 2019 edition of the LARUCP.
D. Add the following exception to CBC Section 1613.2.5:
Exception: Structures not assigned to Seismic Design Category E or F above shall be assigned to Seismic Design Category D.
E. Add the following exception to CBC Section 1613.2.5.2:
Exception: Seismic Design Category shall be determined per exception to Section 1613.2.5.
F. Delete CBC Section 1807.1.5 Exception.
G. Delete CBC Section 1807.1.6.
H. Amend CBC Section 2308.4.6 to read:
Floor, attic, and roof framing shall be laterally supported in accordance with AF & PA NDS Section 4.4.1.2.
Section 3. Title 16 (Buildings and Construction), Chapter 16.03 (Residential Code), Section 16.03.010 of the Redding Municipal Code is hereby amended to read as follows:
16.03.010 - California Residential Code adopted.
A. That certain document, a copy being on file and open for inspection in the City of Redding permit center, marked and designated as "California Residential Code (CRC), 2019 Edition," published by the International Code Council, is adopted asthe residential building code of the city and is included in and made a part of this code as though set forth at length herein.
1. California Code of Regulations, Title 24, Part 2.5, California Residential Code, Appendix X, Emergency Housing is adopted as though set forth at length herein excluding therefrom any requirement that an emergency sleeping cabin shall not be less than seventy (70) square feet of interior floor area for one occupant and fifty (50) square feet for each occupant in excess of one (1), and, in lieu of said requirement, establishing that an emergency sleeping cabin shall not be less than Packet Pg. 454 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) sixty-four (64) square feet of interior floor area for one occupant and one hundred (100) square feet for two occupants.
B. Add the sentence "SDS shall be taken as greater than 0.50" to the end of California Residential Code Section R301.2.2.1.1.
C. Section R313.2.1.1 - Other Occupancies.
Section R313.2.1.1 is added to read as follows:
Group S occupancies constructed on private residential zoned parcels shall be designed to NFPA 13D as approved by the fire code official.
D. Section R313.2.2 – Additions.
Section R313.2.2 is added to read as follows:
Additions to any existing California Residential Building Code regulated buildings that increase the existing square footage by 50% or more shall meet the requirements for a newly constructed building. All additions to any existing California Residential Building Code regulated building with an existing automatic sprinkler system regardless of size shall be required to extend the sprinkler system into the addition per Section R313.2.
E. Section R313.2.3 – Remodels, alterations, or repairs.
Section R313.2.3 is added to read as follows:
For remodels, alterations, or repairs to an existing California residential Building Code regulated building involving demolition, removal, alteration, or repair of more than 50% of the structure, the building shall meet the requirements for a newly constructed building.
For purposes of this section, “50%” threshold shall be applied if the project involves any of the following:
1. The removal, demolition, or repairs of more than 50% of the exterior weight bearing walls; or
2. The removal, demolition or repair of more than 50% of the roof structure (including the framing, sheathing, and roof covering of a building but not limited to rafters, trusses, beams, purlins); or
3. Where the removal, demolition or repair is deemed by the fire code official to be more than 50% of the structure.
F. Amend CRC Section R404.1.4.1 to read:
Packet Pg. 455 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) Masonry foundation walls. In buildings assigned to Seismic Design Category D0, D1, or D2, as established in Table R301.2(1), masonry foundation walls shall comply with this section. In addition to the requirements of Table R404.1.1(1), plain masonry foundation walls shall comply with the following:
1. Wall heights shall not exceed 4 feet (1219 mm).
2. Unbalanced backfill height shall not exceed 3 feet (914 mm).
3. Minimum nominal thickness for plain masonry foundation walls shall be 8 inches (203mm).
4. Masonry stem walls shall have a minimum vertical reinforcement of one No. 3 (No. 10) bar located a maximum of 4 feet (1219mm) on center in grouted cells.
5. Vertical reinforcement shall be tied to the horizontal reinforcement in the footings.
Foundation walls in buildings assigned to Seismic Design Category D0, D1 or D2, as established in Table R301.2(1), supporting more than 3 feet (914 mm) of unbalanced backfill or exceeding 4 feet (1219 mm) in heights shall be constructed in accordance with the provisions of ACI 530/ASCE 5/TMS 402 or NCMA TR68-A. Masonry foundation walls shall have two No. 4 (No. 13) horizontal bars located in the upper 12 inches (305mm) of the wall.
G. Amend CRC Section R404.1.4.2 to read:
R404.1.4.2 Concrete foundation walls. In buildings assigned to Seismic Design Category D0, D1 or D2, as established in Table R301.2(1), concrete foundation walls that support light-frame walls shall comply with this section, and concrete foundation walls that support above-grade concrete walls shall comply with ACI 318, ACI 332 or PCA 100 (see Section R404.1.3). In addition to the horizontal reinforcement required by Table R404.1.2(1), plain concrete walls supporting light-frame walls shall comply with the following:
1. Wall height shall not exceed 4 feet (1219 mm).
2. Unbalanced backfill height shall not exceed 3 feet (914 mm).
3. Minimum thickness for plain concrete foundation walls shall be 6 inches (152 mm).
Foundation walls supporting more than 2 feet (1219 mm) of unbalanced backfill or exceeding 3 feet (2438 mm) in height shall be provided with horizontal reinforcement in accordance with Table R404.1.2(1), and not less than No. 4 (No. 13) vertical bars at a spacing not exceeding 48 inches (1219 mm).
H. Amend the first sentence of CRC Section R506.2.3 to read:
Packet Pg. 456 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) Vapor retarder. A 15-mil polyethylene or approved equivalent vapor retarder with joints lapped not less than 6 inches (152 mm) shall be placed between the concrete floor slab and the base course or the prepared subgrade where no base course exists.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance.
The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
Section 5. The City of Redding finds that, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this Ordinance is therefore not subject to the provisions requiring environmental review.
I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Redding at a regular meeting on the 1st day of June, 2021, and was duly read and adopted at a regular meeting on the 15th day of June, 2021, by the following vote:
AYES: COUNCIL MEMBERS: Mezzano, Schreder, Winter, and Resner NOES: COUNCIL MEMBERS: Dacquisto
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
_/s/Kristen Schreder _______________
KRISTEN SCHREDER, Vice Mayor
ATTEST: APPROVED AS TO FORM:
_/s/Pamela Mize____________________ _/s/ Barry E. DeWalt_________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 457 Attachment: Ordinance No. 2638 (9.2(a)--Goodwater Crossing Emergency Housing Site) St. James Lutheran Church
“Goodwater Crossing”
Micro-Shelter Communities (MSC)
Operations and Services Manual
Revised: April 4, 2022
Packet Pg. 458 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 2 GUIDING PRINCIPLES FOR REDDING MICRO-SHELTER COMMUNITIES
1. The Micro-Shelter Community (MSC) will provide an atmosphere of dignity and respect for all participants.
2. MSC Residents must participate toward increasing levels of self-reliance and selfdetermination. MSC staff will work with Residents to assist them in achieving their goals.
3. The health and safety of Residents, volunteers, staff, and the surrounding community should be safeguarded within each MSC.
4. Each MSC shall create equal opportunities for all persons needing emergency housing services by prohibiting discrimination due to religious affiliation, race, color, national origin, ancestry, political or religious beliefs, language, disability, family composition, gender identity and/or sexual orientation.
5. Protecting the privacy and privacy of MSC Residents and their personal information is required.
6. People who are experiencing homelessness may use substances to varying degrees.
Admission, discharge, and service restriction policies must not be based on substance use alone, unless otherwise specifically provided for in this manual.
7. In order to provide effective MSC programs and services, Residents must be offered opportunities to provide input and feedback in service provision and program planning for the program in which they participate.
8. MSC exits to stable housing through supportive services will occur within 10 months.
Barriers to engagement will be considered to help assist Residents to find stable housing with supportive services, if possible.
9. Equal opportunity and standardized procedures will be utilized when determining eligibility, admissions, sanctions and dismissals, and when resolving grievances.
10. All program participants are entitled to enjoy the maximum amount of privacy within the constrictions of the MSC environment and program.
11. MSCs are part of a larger network of homeless services and agencies. Collaboration within this network is essential to ensure effective and coordinated services.
12. All Residents must be briefed and must sign an agreement to uphold the rules and guidelines for the MSC. Criteria for unacceptable behavior on-site includes but is not limited to persistent disruptive behavior, theft, use of alcohol or illegal drugs, or violence against yourself or others.
Packet Pg. 459 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 3 Redding Micro-Shelter Communities (MSC)
Operations and Services Manual
CONTENTS:
1. Introduction.
2. Roles and Governance.
3. MSC Support Services.
4. Operations – Administrative.
5. Admissions, Non-Discrimination and Resident Rights & Responsibilities.
6. MSC Security Plan.
7. Exiting Procedures.
8. Grievance, Intervention Plan and Involuntary Discharge.
9. Safety Plan.
10. Food Handling and Storage.
11. Storage of Belongings.
12. Animal Care.
13. Medication and Standard Precautions.
14. Alcohol, Drugs, Smoking and Paraphernalia.
15. Couples.
16. Health and Sanitation.
APPENDICES
A. Consultation Policy (Ref: #2.G).
B. Good Neighbor Policy (Ref: #4.A).
C. Application and Intake Questionnaire.
D. Background Check & References.
E. Appeal Form (Ref: #5.E.iv).
F. Resident Rights and Responsibilities (Ref: #5.I-J).
G. Resident Community Agreement. (Ref: #5.F)
H. Grievance Document (Ref: #8).
I. Grievance Notice (Ref: #8)
J. Emergency Response Plan (Ref: #9).
Packet Pg. 460 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 4 K. Pet Ownership Agreement (Ref: #12).
L. Notice of Privacy Practices(Ref: #5.I.i).
M. Abuse Reporting Document(Ref: #9.B).
N. Drug/Alcohol Agreement(Ref: #16.B).
O. Sample Housekeeping and Maintenance Plan (Ref: #9.M).
P. Donated Food Safety Standards Agreement (Ref: #10.B).
Packet Pg. 461 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 5 1. INTRODUCTION.
The Redding City Council adopted a resolution June 15, 2021 declaring a Shelter Crisis and established the criteria for permitting Emergency Housing Sites (EHS), hereafter referred to as Micro-Shelter Communities (MSCs).
MSCs are operated by a host entity providing temporary accommodations in micro-shelters (non-buildings), not to exceed three hundred (300) days in any twelve-month period, for homeless individuals. For purpose of this definition, a "host entity" shall mean an organization which contracts with recognized community organizations to provide temporary shelter, counseling, and other services, as well as common areas for Residents of the facility. A “microshelter” shall mean a shelter that is not constructed as a Residential living unit per the California Residential Building Code; for example, emergency sleeping cabins (micro-shelters).
The City of Redding authorizes MSCs to provide transitional low-barrier housing opportunities to adults in a safe, private, and secure environment. Through an array of on-site supportive services, community engagement, and direct contributions to the MSCs, Residents are supported to build stability and self-sufficiency while bridging from homelessness to permanent housing.
Each MSC site will be owned or leased by the MSC host entity who is responsible for the day-today operations and property maintenance.
Residents will be coached and positioned to be responsible for much of the management of the MSC, providing the following benefits:
- Expanded staff capacity and flexibility
- Sense of place and ownership
- Increased self-reliance
- Skill building
Examples of MSC management include:
- Security and on-site gate keeping
- Outreach
- Maintenance
- Operations (scheduling, tours, new Resident orientation, Resident exiting process, rules enforcement, etc.)
2. ROLES AND GOVERNANCE:
A. Probationary Resident: A new Resident undergoing a 4-week trial period, to make sure that they can follow the Community Agreement before being fully accepted as a Resident in the MSC.
B. Resident: An individual or couple who currently resides in a micro-shelter at the MSC.
Packet Pg. 462 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 6 C. Lead Advocate: A volunteer from the Host Entity Team or community partner organization who takes primary responsibility for accompanying a particular Resident on their journey through the MSC program. In order to avoid potential misunderstanding or conflict of interest in mediation between Residents, Lead Advocates may be assigned to couples when appropriate but are discouraged from serving as Lead Advocate for two Residents of the same MSC at the same time.
D. MSC Resident Council: Shared governance is a core value of Redding Micro-Shelter Communities. This means that the success of the MSC also rests on the Residents. All current Residents of Goodwater Crossing are members of the Resident Council and have voice and vote at Resident Council Meetings.
Weekly MSC Resident Council Meeting. Residents and at least one MSC Host Entity team member can discuss and act upon issues related to the community. Specific roles will be identified and filled in order to maintain a safe and sanitary environment. The following applies to MSC Resident Council meetings:
i. Any decisions made at the MSC Resident Council Meeting must comply with the MSC Operations and Services Manual.
ii. Amendments to the governance and policy sections of the MSC Manual must be reviewed and approved by the MSC Host Entity and City of Redding before taking effect.
D. MSC Host Entity Team (Non-profit Organization, Business or Church). The MSC Host Entity Team is to provide oversight, resident selection, direction and means for the ongoing development of its Residents through the program and for the maintenance of the MSC. This team includes representatives from the MSC Host Entity, community partners, staff or volunteers of the MSC, MSC residents, and perhaps a member of the surrounding neighborhood. This team establishes a long-term friendship with a resident; they assess needs and provide resources, training, and opportunities. This team is responsible to ensure that financial, legal, administrative, safety, and sanitation matters are being properly managed. The Host Entity Team must meet at least monthly, and all Residents must be informed of the meeting schedule and invited to attend.
E. MSC Safety Committee (Ref: #9.C)
F. MSC Case Managers (Ref: #3.A-B)
G. Staff Requirements. MSC must have at least one staff-person on duty (on-site or oncall) at all times. Paid, on-site coordinator or volunteer designee will be on site or available by phone 24 hours a day, 365 days per year.
At least one staff-person will be on-site an average of 4-8 hours per day. When no staff person is on-site, the 24-hour hotline will be used to ensure access to immediate response for Residents, volunteers, and members of the neighborhood who might encounter pressing concerns. This hotline number can be found in the Consultation Policy (Ref Appendix A). Calls to the 24-hour hotline number will be directed to the current “on call” individual who will sign up to receive those calls during their on-call Packet Pg. 463 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 7 shift. This person must be located within a 15 minute drive from the MSC for prompt response to any issues requiring an on-site response.
While efforts should be made to allow Residents to negotiate daily challenges as part of their program, MSCs must have a supervisor/manager available on call to the program at all times for consultation about challenging resident situations and other urgent matters. MSC has a consultation policy in place that outlines how and when contacts should be made up the chain of command. (See Appendix A for Consultation Policy)
3. MSC SUPPORT SERVICES:
A. Case Management and Support Services.
In order to make maximum use of existing supportive services in the community and participate in efforts to coordinate care across agencies, the MSC will arrange for professional case management services for the residents of their MSC. The agency providing these services must be registered as a Participating Agency according to the NorCal CA 516 Homeless Continuum of Care’s HMIS Policies and Procedures manual (https://www.co.shasta.ca.us/docs/libraries/housing-docs/2020-hmis-policiesprocedures.pdf?sfvrsn=bb0ff389_0). Support services include information and linkages to health resources, case managers, employment opportunities, financial budget education, application assistance for external services and resources, and guidance in accessing local community services.
Case managers will help each resident to develop a life transition and housing plan using low barrier practices, housing first philosophy, harm reduction procedures, trauma-informed care, client-centered and -driven case management, and cultural competency. The plan will help residents identify challenges and provide services for them to choose from in order to gain self-sufficiency and permanent housing. The Case Managers will help the Residents develop a timeline around their goals and identify services and resources that will help accomplish goals. The Host Entity Team will partner with the Residents in conducting regular evaluations and updates of their life transition and housing plan.
The following case management services must be available to program participants receiving these services. To ensure the consistent delivery of case management services, operators must incorporate written case management procedures and forms that include the following:
i. Referral Procedures: Establish referral and follow-up procedures to confirm participants are connected to services to which they are referred.
Documentation of referrals made and referral confirmation must be maintained in participant files.
Packet Pg. 464 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 8 ii. Health and Wellness referrals: Ensure participants are linked to and assisted in accessing medical health, mental health, and any needed alcohol and drug services.
iii. Mainstream Benefits: Establish procedures for screening participants at program entry and intake for eligibility to mainstream benefits. Assisting participants by coordinating the completion and submission of applications for public benefits and entitlements (e.g., general assistance, SNAP, SSI/SSDI, Veteran benefits) health insurance benefits (e.g., Medi-Cal, Medicare, Covered California, etc.), and other sources of financial assistance.
iv. Education/life skills.
v. Employment Development/Placement Programs: Assessing employment history and goals and assisting participants to engage in services that will prepare the individual to obtain employment in collaboration with participating agencies.
B. Housing Case Management
Residents must be offered, and are required to participate in, services they need in order to attain and stabilize in permanent housing. Regular case management services must be documented based on the Record-Keeping policy (Ref #4.B.v). Core services will include:
i. Development of an individualized service plan based on needs, circumstances, and market conditions, focused on helping individuals find and keep permanent housing and linkages to other community-based supportive services as needed.
ii. Creating a referral network for other services and coordinating with other service providers and case managers.
iii. Housing navigation services to facilitate a match to an appropriate housing placement that connects Residents with needed resources, protects Residents from the stress of navigating housing access, and supports Residents in managing their own lives within the scope of their available resources and abilities.
iv. Housing support will include locating the most appropriate housing placement, establishing relationships with private and public owners and rental agencies, assisting with housing applications and appeals and negotiation of rental agreements, facilitating shared housing options, and assisting with the move-in process, including identifying resources for basic furnishings, accessibility modifications, or other expenses.
C. Database Management System
Within 48 hours of the initial case management meeting, and as part of the case management protocol, data on all residents will be entered or updated in the Homeless Management and Information System (HMIS), pursuant to the data standards required. Resident files will be maintained in accordance with the Packet Pg. 465 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 9 requirements of (HMIS) operated by the NorCal Continuum of Care (NorCal COC). For complete information on HMIS Data Standards, contact the NorCal COC at 1450 Court Street, Suite 108, Redding, CA 96001, (530)225-5160.
D. Workshops and Learning Opportunities.
Workshops and learning opportunities will be offered on- or off-site, facilitated by the Host Entity or provided by partner agencies or volunteers. Residents will have the opportunity to engage in various workshops and trainings supporting their life transition and housing plans. Workshops and learning opportunities will apply to dayto-day life, resulting in long-term self-sufficiency. The determination of the workshop schedule will be based on the needs of the Residents and may include (not exhaustive):
o Skill acquisition: Internships, on-the-job training at local businesses, workshops, etc.
o Employment: Resume building, and job search techniques o Financial literacy
o Nutrition
o Conflict management, communication and relationship building workshops o Community service activities
o Pet health
4. OPERATIONS – ADMINISTRATIVE.
A. Good Neighbor Policy. Develop and post Good Neighbor Policies addressing the MSC premises, immediate surrounding neighborhood and community: Community collaboration, mutual goals, safety, property guidelines, code of conduct, regular communication. These policies must clearly show provisions for how the MSC actively discourages and addresses excessive noise or loitering from MSC residents and others who may be near the site. Where applicable, the MSCs must demonstrate coordination with other service providers and community partners to address the above issues and their impacts. The Good Neighbor Policies will be submitted to the City for review and approval as part of the permit issuance process. City of Redding (COR) must provide written notification to all property owners within a 600-foot radius of the proposed site. (see Appendix B for a Sample Good Neighbor Policy)
B. Program Policies and Guidelines
i. Hours. The MSC is open and available to Residents 24 hours a day. Quiet hours will be enforced between 9pm and 7am. Security Plan access policies will be followed at all times.
ii. Curfew. All residents who have not received prior permission to be out late must be in the MSC by 9pm each night. In the event of an emergency, Residents must Packet Pg. 466 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 10 contact the on-call site manager and inform them of their estimated arrival time. iii. Input. The Host Entity Team shall provide Residents with on-going opportunities to provide feedback and make suggestions regarding programming and rules.
This can be accomplished in a variety of ways including exit interviews, surveys, one-on-one interviews, resident focus groups, inclusion of homeless or formerly homeless members on the agency board of directors or subcommittee, or having homeless or formerly homeless people trained and hired as staff. iv. Health services access. Case Managers will encourage residents to obtain and maintain health insurance, obtain a primary care provider and access immunization service. This must include publicly posting or otherwise making available information on health-related services.
v. Recordkeeping. The MSC must maintain thorough and organized Resident records, including intake interviews, services provided, and any grievances or disciplinary action related to the client. These files may be kept electronically, in physical form, or a combination. MSC Resident records must be stored in a secure and locked area, accessible only to Case Managers and appropriate staff.
Records should include; demographics, program operations and maintenance, Residents’ individual progress, metrics to measure levels of success, budget and sustainability, partnerships, and community involvement. Records an MSC may also wish to include: Resident’s presence and absence, visitor logs, chore logs and sign-ups, medication logs, services provided to Residents at the MSC, and other records as determined by the Case Managers.
vi. Assessment. A basic assessment that includes an evaluation of the service needs of the occupant, information about past or current services received and other information necessary to provide services must be conducted and routinely updated for all occupants by case managers.
vii. Transportation. Transportation is required to help resident’s access essential services such as, community-based services, medical services and housing searches. Bus passes will be provided to all Residents, and case managers will arrange for transportation needed outside of the regular bus route and schedule, including connection with community partners like Shasta Connect for Universal Accessibility.
5. ADMISSION, NON-DISCRIMINATION, AND RESIDENT RIGHTS & RESPONSIBILITIES:
A. Application Process:
i. Application and Intake Questionnaire. Ref: Appendix C ii. Background Check & References. Ref: Appendix D
iii. Resident Community Agreement. Ref: Appendix H
Packet Pg. 467 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 11 B. Proposed candidates for MSCs will be sought from social service providers such as Hill Country, Empire Recovery, the Good News Rescue Mission, Visions of the Cross, Shasta County HHS professionals, Shasta Thrive, Pathways to Housing, etc.
C. The MSC Host Entity Team reserves the right to choose Residents for an initial probationary period.
D. Admission. With assistance from the partnering professional case management agency, the MSC will strive to adhere to current Coordinated Entry standards as set by the NorCal 516 Homeless Continuum of Care (CoC) with regard to their referral and admissions process. Appropriate modifications to this standard will be implemented based on the specific amenities, capacities, and limitations of a particular MSC site and the needs of its current Residents. When there is a vacancy in the MSC, the Host Entity Team will work to fill it with as much speed as an intentional process allows. When feasible, admissions should be accepted on weekends.
E. Denial of Admission. Denial of admission to the facility can be based on the following and is at the discretion of the Host Entity Team:
i. Applicant does not meet the basic eligibility criteria for MSC admission (e.g. gender, age, homeless status, domestic violence perpetrator, etc.). MSC with beds designated by funding sources as having additional restrictions (e.g. VA beds that require advance approval by the VA) may deny entry to those not meeting funding agency requirements.
ii. A restraining order that prohibits admission to the facility. iii. Documented violent or threatening behavior.
iv. Conduct from prior stay at the MSC which puts the health and safety of staff or residents at risk (e.g. violence, weapons violations, disclosing private information of MSC or residents, and egregious damage to property). If an applicant is denied entrance based on a prior stay, the applicant must be informed of the reason, conditions for lifting the restriction and the right to appeal, including name of contact regarding an appeal and information about the appeal process. v. The applicant requires care and supervision to manage the activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without the appropriate support available on-site.
F. Admission Documents. Upon admission, residents must be provided with copies of the following documentation:
i. Resident rights and responsibilities. Ref: #5.I-J (Appendix F) ii. Resident Community Agreement. (Appendix G)
iii. Storage policy. Ref: #11
iv. Medication storage policy. Ref: #13.A
Packet Pg. 468 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 12 v. Grievance Procedure. Ref: #8 (Appendix H, Appendix I) vi. Emergency Response Plan. Ref: #9 (Appendix J)
vii. Pet Policy. Ref: #12 (Appendix K)
viii. Notice of Privacy Practices. Ref: #5.I.i (Appendix L) ix. Abuse Reporting Document. Ref: #8.B (Appendix M)
x. Drug/Alcohol Agreement. Ref: #14.B (Appendix N)
G. Resident Emergency Information. MSC staff must collect emergency contact information and information about health needs upon admission that may impact an emergency response. Such information should be kept in a place accessible to on-duty staff in the event of an emergency.
H. Discrimination.
Redding MSCs shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age (18 and over), national origin (ancestry), disability (as permitted within physical limits of current facilities), marital status, sexual orientation, military status, or any other characteristic protected under applicable federal or state law, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, selection of MSC Residents, and provision of services. We are committed to providing an inclusive and welcoming environment for all MSC Residents and members of our staff, clients, volunteers, subcontractors, and vendors.
I. Resident Rights.
i. Privacy: All paid and volunteer staff will protect the privacy of Residents and never discuss private Resident information with other Residents or other staff without the explicit consent and presence of the Resident under discussion.
Residents will be presented with a privacy agreement and given opportunity to read it and discuss questions before signing.
All MSC must have privacy policies which, at minimum, are consistent with Homeless Management Information System (HMIS) privacy and security requirements, make certain that files are kept in a secure location, and ensure that verbal communication of private information is done in such a way that avoids unintended disclosure.
ii. Abuse Reporting. The MSC Host Entity Team, all staff and volunteers will complete a sexual harassment prevention training course online. The Host Entity Team will provide Residents with procedures and examples for reporting abuses during their initial orientation. A written protocol to report any known abuse to staff will be given to each Resident and posted on the MSCs bulletin board.
iii. Participation in Religious Activities. MSCs cannot require participation in Packet Pg. 469 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 13 religious activities as a condition of receiving emergency housing or services.
Religious activities include moments of prayer, the saying of grace before meals, or spiritual studies. While these activities are not prohibited, participation in such activities may not be required.
iv. Resident Rights must be provided in writing and posted in the facility in high visibility areas. All program requirements must be consistent with these standards. Rights must include:
a. Residents have the right to be treated with dignity and respect; b. Residents have the right to privacy within the constrictions of the MSC environment;
c. Residents have the right to be treated with cultural sensitivity; d. Residents have the right to self-determination in identifying and setting goals;
e. All paid or volunteer staff members of the MSC must engage with Residents with professionalism and base their service to Residents on valid, informed consent;
f. Residents should be clearly informed, in understandable language, about the purpose of the services being delivered, including residents who are not literate and/or have limited-English proficiency;
g. Residents have the right to privacy and have information about when private information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law; h. Residents have the right to reasonable access to records concerning their involvement in the program.
v. Reasonable Accommodations. The MSC must make reasonable modifications in programs, activities and services when necessary to ensure equal access to individuals with disabilities, unless fundamental alteration in the nature of the program would result from the accommodation.
vi. Transgender Access. The MSC will comply with the HUD Rule on Appropriate Placement for Transgender Persons in Single-Sex Emergency Housing Sites and Other Facilities.
vii.Resident Mail. If an MSC provides mail service, any mail sent or received cannot be interfered with (e.g. staff opening residents’ mail, not providing mail to the Resident as soon as practical, etc.).
J. Resident Responsibilities
i. MSC Residents are required to participate in the operations and management of their site and in the process of achieving their goals as determined in consultation with a Case Manager.
Packet Pg. 470 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 14 ii. Residents must abide by the MSC non-discrimination policy in their interactions with other Residents. They must show respect for the property of others and report incidents of theft.
iii. Residents must abide by the Weapons Policy and the Drug/Alcohol Policy of the MSC. (Ref: #6.B, #14)
iv. Residents must abide by all site rules, including but not limited to upholding quiet hours, keeping personal and shared spaces clean and orderly, supervising pets, and helping to maintain the no-visitors and no loitering policies. v. Residents are required to participate regularly in Resident meetings to discuss ideas, share concerns, and determine solutions.
vi. Residents will notify staff of any needed repairs and will not make any modifications or repairs to shelters or equipment, including but not limited to locks, lighting, and smoke detectors.
vii. Residents are expected to cooperate and collaborate in the shared goal of moving all Residents toward fulfillment of their life transition and housing plans.
All residents will support one another toward a positive exit into the next phase of recovery, rehabilitation, and/or permanent housing.
6. MSC SECURITY PLAN.
A. Access. The MSC shall be fully fenced with privacy slats, and all gates will remain locked at all times. Residents and vetted staffpersons shall have access to the MSC 24 hours a day, 365 days a year. Individuals who are not Residents of the MSC and are not accompanied by a staffperson are not permitted to enter the MSC at any time.
B. Weapons.
The health and safety of our Residents, staff, volunteers, and surrounding community must be prioritized in the context of the Micro-shelter Community. Therefore, weapons may not be stored, transported, or used on site at the MSC by Residents, their guests, staff or MSC visitors. Weapons include but are not limited to firearms, pepper spray, mace, knives longer than 3 inches, bats, clubs, explosive devices, and tasers.
The Host Entity may, but is not required to, check weapons for safe storage during residence in the MSC. All stored firearms must be duly registered and appropriately licensed by the owner. If the Host Entity is unable to safely store the weapon, the Resident is responsible to locate safe and legal offsite storage or safely dispose of the weapon before intake into the MSC. Checked weapons will be subject to the MSC Storage Policy.
C. Resident Visitors and Guests. MSC Residents are in recovery and focusing on their program toward a new, sustainable lifestyle. Visitors and guests could be a distraction from this effort and are prohibited from visiting the MSC or its surrounding neighborhood. Infrequent exceptions to this policy are permitted at the discretion of Packet Pg. 471 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 15 the MSC Host Entity Team or via consultation with the Lead Advocate.
D. Security Responses (Ref: Appendix A, Sample Consultation Policy). There are three stages of response for maintaining a secure and orderly environment within the MSC:
Stage 1: MSC Resident Council
MSC Resident Council members are responsible for maintaining order when urgent situations arise. On-duty or on-call staff or volunteers should be consulted as needed.
Stage 2: MSC Host Entity Team
When MSC Resident Council members and staff are unable to gain the cooperation of a disruptive Resident, they are to contact a member of the MSC Host Entity Team.
Stage 3: Redding Police Department
The Redding Police Department (RPD) is welcome to patrol the MSC as they would any other neighborhood in Redding. In cases where the law is being broken and staff are unable to gain cooperation of the offender, the RPD will be contacted. The previous two Stages of Response are to be tried first if appropriate.
7. EXITING PROCEDURES
Preparations before departure and follow-up thereafter increases the likelihood of successful transitions from MSCs to more permanent housing options.
Over a period of time, Case Managers, Lead Advocates, and other supportive team members provide services to help Residents achieve their individual goals, which may include recovery, economic and social mobility, and increased quality of life, in order to move to more stable housing.
Before departure is discussed with Case Managers and Lead Advocates, Residents should receive assistance with identifying suitable housing options, completing application paperwork, seeking financial assistance, and practicing proper conduct when speaking with landlords.
A. Tasks at the time of Resident departure:
i. Special recognition of each Resident acknowledging their accomplishments, such as a certificate, festive gathering for celebration, opportunities to share completed goals and future goals, etc should be considered and implemented as appropriate.
ii. Ensure that Resident has collected all personal belongings, including medications and any stored/checked items that must be checked out using the storage procedure listed below (Ref: #7.B).
iii. Conduct an exit interview with several Host Entity Team members, to include review of Resident’s future goals, community resource information applicable to the Resident, and follow-up plans between the Resident and the Host Entity Packet Pg. 472 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 16 Team. The exit interview should also include opportunity for the Resident to provide feedback on all aspects of their MSC experience.
B. Storage of Belongings after Exiting
The MSC must provide for storage of belongings after a Resident’s departure for a minimum of five (5) working days after the Resident’s exit. Before exiting, the Resident and a representative of the MSC Host Entity Team must determine and agree upon the length of storage, clear procedures for Residents to reclaim their possessions, and an explanation of the Abandonment procedures (#8.K) which will go into effect no fewer than 72 hours past the expiration of the agreed-upon storage period.
C. Preparing the MSC for a new Resident. Vacated micro-shelters and personal storage units/areas must be cleaned and sanitized before a new Resident can move in.
8. GRIEVANCE, INTERVENTION PLAN AND INVOLUNTARY DISCHARGE.
A. Complaints.
i. When a complaint is cause for concern, the MSC Resident Council will meet with said Resident and discuss a plan of action to curtail the behavior. Hopefully early intervention will help prevent further and more severe action. ii. In cases of a complaint by one Resident against another, a third-party mediator from among the Host Entity Team will meet with both parties (and their Lead Advocates if desired). This mediator will meet with the complainant and the alleged offender to discuss the issue and reach a resolution that is agreeable to both parties.
iii. Whenever possible, Residents should discuss and resolve complaints and disputes among themselves or at the Resident Council level. As needed, verbal or written complaints may be submitted to the Host Entity Team or on-call site manager, who will refer to the Consultation Policy to determine next steps.
B. Abuse Reporting
All MSCs must have an abuse reporting policy that details communal responsibilities to report sexual, emotional, and verbal abuse and to whom it should be reported. This policy must also explain Residents’ legal duties to report elder, dependent adult, child or animal abuse and a written plan and process for reporting such abuse to the appropriate reporting agency.
C. Rules and Violations.
i. Urgent matters should be addressed by contacting the on-call manager for an immediate response. When a non-urgent rule break occurs, any Resident may write an Incident Report and submit it to an MSC Host Entity team member. A team of at least two MSC Host Entity Team members must respond within 48 hours with an appropriate level of intervention. These two Team members should deliver Packet Pg. 473 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 17 written notice to the alleged offender. From there, the alleged offender has two options:
a. Accept the Incident Report with the proposed level of intervention. b. Request that the MSC Resident Council provide a date at which they may appeal the decision to the MSC Host Entity Team.
D. Guidelines for infractions.
• Level 1 – Verbal Warning.
• Level 2 – Written Warning.
• Level 3 – Potential expulsion from the MSC by the MSC Host Entity Team.
E. Formal and documented intervention decisions should include documented discussion by MSC Resident Council members.
F. In cases of expulsion from the MSC, where the Resident is not an imminent threat to others, the Resident to be expelled will be given two business days to make arrangements for their safety. No Resident who is not an imminent threat to others will be expelled after 8pm.
G. Appeals.
i. Residents may appeal an Incident Report at a gathering of the Appeals Council, consisting of the MSC Resident Council and the MSC Host Entity Team. In cases of expulsion, the appeal may include Resident-generated actions for addressing the problematic behavior that caused their expulsion rather than disputing the incident. A majority vote will either uphold the expulsion decision or determine an alternative plan incorporating suggestions from the Resident, the Resident Council, and the Host Entity Team.
ii. Appeal Process:
a. The MSC Appeals Council reads incident report and informs Resident of their decision.
b. Accused has a chance to respond and state their case. The Resident has the right to rely on a third-party representative of their choice if desired.
c. The MSC Appeals Council has a chance to ask questions of the accused.
d. The MSC Appeals Council has opportunity to discuss the details of the incident.
e. A motion is made vote on whether to “uphold” or “revise” the decision.
f. If a majority vote to revise, a new motion should be made stating a desired revision.
Packet Pg. 474 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 18 H. Involuntary Discharge Reasons.
The following reasons may be used as a basis for discharge from an MSC:
i. Possession of a weapon at the MSC.
ii. Assault or other violent behavior at the MSC.
iii. Theft at the MSC.
iv. Destruction of property at the MSC.
v. Restraining order precluding continued residence.
vi. Resident behavior endangering the health or safety of Residents or staff. vii.Presence of infectious disease that significantly increases the risk of harm to other Residents or staff.
viii. Multiple violations of the Drug and Alcohol Use/Possession policy. ix. Individual requiring care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without appropriate supports available on- site. Individuals discharged due to care and supervision needs cannot be discharged to the streets.
x. Refusal of personal property search when probable cause exists. xi. Refusal of multiple housing opportunities; however, evidence must be present that MSC staff actively attempted to engage the resident in services designed to support MSC exit to stable housing with consideration given to each resident's barriers to engagement.
xii.Absence from MSC for longer than 72 hours. If a resident is absent from their bed for 72 hours without appropriate notification to MSC staff regarding absence, the resident may be discharged.
I. Grievance Process.
The MSC values the dignity of all Residents and provides opportunities for fair review of any grievances against the application of MSC policies and procedures. i. Residents have the right to present their case before a neutral decision-maker (a staff person or Host Entity Team member who was not directly involved in the incident or situation of the grievance).
ii. Residents must be given a written response to their appeal within a reasonable time frame.
iii. When a Resident files an appeal related to his/her ability to stay in the MSC, the occupant may stay in the MSC until the appeal process is completed unless allowing the resident continued residence poses a risk to the health and safety of other residents and/or staff.
Packet Pg. 475 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 19 iv. Residents must be allowed to appeal, at a minimum, decisions related to admissions denials for cause, terminations and disciplinary actions. v. Residents must be provided with information about any subsequent appeals process available through program policies or any funding agency or their respective regulations.
J. Involuntary Discharge Requirements.
The MSC must provide a written copy of the procedure for filing a grievance to the resident when a resident is involuntary discharged. If it is not feasible to provide the procedure at the time of discharge (e.g. the resident is being removed by law enforcement) this requirement may be waived; however, if the resident subsequently returns to the facility, the grievance procedure must be provided.
A resident may be denied future admission as a result of the circumstances of discharge.
The resident must be informed of the reason, the conditions that must be met for lifting the restriction, and the right to appeal, including whom to contact regarding an appeal and information about the appeal process.
K. ABANDONMENT. If a Resident has been absent from the MSC for more than 72 hours without notice or communication with the Lead Advocate or Host Entity Team, the unit may be declared abandoned. When a unit has been declared abandoned, at least two (2) members of the staff or Host Entity Team will remove items from the abandoned shelter. They will document what items are present and place them in an available storage container or bag that is clearly labeled with the name of the former Resident and the date of the abandonment. These items will then be stored in a separate storage unit until such time as the owner retrieves them or 30 days have passed since the declaration of abandonment. Once items have reached the 30-day limit, the MSC will determine the proper disposal of said items during the next MSC Host Entity Team meeting. Abandoned belongings usually should not be distributed to other Residents of the same MSC, but exceptions to this rule may be determined by the Host Entity Team.
9. SAFETY PLAN.
A. Residents shall report a fire or other emergency to 9-1-1.
B. Residents will be notified of a fire or other emergency and evacuate based upon the designated evacuation route. A Fire Safety and Evacuation Map must be posted on a public notice board in a common area. This map must include, at minimum, clear marking of the location of all MSC exits, fire extinguishers, and gas/propane shut offs (if any). A copy of this map will be provided to the Redding Fire Department and updates submitted as needed.
C. A Safety Committee shall be formed with representation from the MSC Resident Council and MSC Host Entity Team. Duties of this committee shall include the following:
i. Maintenance and implementation of Emergency Response Plan for the MSC.
Packet Pg. 476 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 20 ii. Oversight of fire drills and Food Storage Policy. (Ref: #10) iii. Quarterly safety inspection with attention to trip, slips, and fall hazards. iv. Quarterly testing of all smoke and CO2 detectors.
v. Quarterly testing of all extension cords and power strips with an approved circuit tester.
vi. Maintenance of systems and equipment installed to prevent or control fires. vii.Maintenance and control of fuel hazard sources.
viii. Coordinate CPR and first aid training opportunities for Residents and staff.
D. Advocates, Case Managers, or MSC staff on site shall be prepared to:
i. Assist others during an emergency and provide emergency first aid pursuant with their training.
ii. Take a head count after an evacuation. Identify the names and last known locations of anyone not accounted for and provide them to the Fire Official in charge.
iii. Provide additional information or explanation of duties under the plan to Residents and volunteers.
E. The following firefighting and fire protection measures will be taken:
i. No open flames are permitted onsite.
ii. ABC fire extinguishers will be accessible throughout the MSC (see Fire Safety and Evacuation Map for locations).
iii. Smoke detectors and carbon monoxide alarms will be installed in common buildings and dwellings per City Code and will be inspected to insure they are functional and replaced if they are not functional.
F. Emergency vehicle ingress and egress:
i. A fire lane with a minimum width of 20’ will be maintained. Other details to be determined for each specific MSC.
ii. A minimum 10-foot setback and right-of-way will be maintained between structures on the MSC site.
G. Accessibility. MSCs will conform to pertinent requirements of the Americans with Disabilities Act (ADA) for residents as needed.
https://www.ada.gov/pcatoolkit/chap7Shelterchk.htm.
Beds designated as accessible must comply with federal height and distance standards requiring a minimum of 36 inches between sleeping units and a sleeping surface height between 17-19 inches above the finished floor. Beds designated as accessible must be prioritized for residents with disabilities.
Program documentation must be provided in forms accessible to sight-impaired Packet Pg. 477 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 21 individuals, upon request. This documentation may take the form of Braille translation and/or use of text-to-speech technology on an electronic device. MSCs that provide transportation for residents must also make provisions for residents who need vehicles that are wheelchair accessible.
H. Basic Building Standards and Fire Safety
i. All facilities must comply local applicable building and fire codes. Evidence of compliance with local codes must be provided at the time of approval by City Council.
ii. Facilities must have annual fire inspections conducted by the fire department and conduct regular fire drills. Training must be provided to staff on fire safety. iii. Amenities. The MSC must have a heating and ventilation system and maintain a comfortable temperature. Emergency Sleeping Cabins will comply with Appendix O of the California Building Code.
iv. The MSC shall have a housekeeping and maintenance plan to ensure a safe, sanitary, clean and comfortable environment.
v. The MSC shall provide each person with access to a single or double occupancy emergency sleeping cabin with a mattress and bedding (a blanket and pillow), all of which are clean and in good repair.
vi. The MSC shall have a sufficient supply of functionally clean and reasonably private toilets and hand wash basins.
vii. The MSC should have a sufficient quantity of functionally clean and reasonably private bathing facilities with hot and cold running water or will provide for access to bathing facilities at least twice per week through contract or other means.
viii. The MSC should have laundry facilities available to residents, or access to laundry facilities nearby or transportation to laundry facilities will be provided. ix. The MSC shall provide towels, soap, toilet tissues, and feminine hygiene products.
I. Maintenance and Repairs: The MSC Host Entity will be responsible for maintenance and repairs, making use as appropriate of Resident participation.
J. Drinking Water. The MSC must provide access to drinking water at all times.
K. Outlet Access. The MSC must provide access to electrical outlets for charging personal devices such as cell phones and medical equipment. Emergency Sleeping Cabins must have outlets as required by California Building Code Appendix O.
L. Cleanliness.
i. Resident Participation - Bath/toilet areas and other common use areas must be cleaned daily. MSC must have proper trash receptacles that are emptied regularly.
Packet Pg. 478 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 22 ii. Both the interior and exterior of the facility must be free of debris, clutter, and unsanitary items, and there must be no obvious safety risks.
M. Pest Control.
i. MSC must ensure adequate provision of pest control services. ii. MSC must have a protocol in place for the prevention and control of bed bugs and lice. (See https://www.cdc.gov/parasites/bedbugs/ for best practices related to bed-bug prevention).
iii. 24-hour notice must be provided to residents of pest control activities unless the type and degree of infestation requires an immediate response (e.g. bed bugs).
N. Maintenance/Repair.
i. Facilities must be maintained in good repair. The general appearance of the buildings and surrounding grounds must be well maintained and free from litter and offensive visual cues such as overladen shopping carts. There must be a written housekeeping and maintenance plan (Ref: Appendix O). ii. MSC must post the process for reporting maintenance concerns, acknowledge issues reported within two days, and identify the timeframe for addressing the concern. Emergency maintenance items must be immediately addressed.
O. Phone Access. A telephone (land line or cell phone) must be available to staff for emergencies. Emergency numbers should be posted by the telephone or otherwise made available to on-duty staff.
P. Hazardous Materials.
i. In accordance with established standards, MSC must label all chemicals and cleaning supplies and keep all such materials out of reach of children. Any hazardous materials must be stored separate from food.
ii. No fires, including cooking or warming fires, will be allowed on site at any time.
Q. Entrance/Exits. Exits must be clearly marked and must be kept clear of blockage and tripping hazards.
i. Steps must have treads or similar accommodation to prevent slipping. ii. Exit signage must be consistent with all applicable codes.
R. Agency Vehicle. If an MSC location maintains a vehicle used for resident transport, the vehicle must be properly maintained, licensed and insured. All drivers must properly licensed. Provisions must be made to provide equal access to transportation services to disabled residents.
10. FOOD HANDLING AND STORAGE.
A. Sanitary facilities. The MSC will provide a common area for residents to prepare and Packet Pg. 479 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 23 consume meals. All areas used for food storage, preparation, and dining must be kept clean and comply with all relevant health codes.
B. Donated Food. Programs that serve food prepared off site by regular donors must provide donors with a handout that details the requirements for food preparation. All food donors must read and sign the handout to confirm knowledge of the standards and must provide current contact information (Ref: Appendix P). Programs are discouraged from accepting food that has been prepared off-site by intermittent donors.
C. Meal schedule. Residents are responsible for their own meals. If meals are served, a meal schedule must be posted.
D. Dietary modifications. If meals are served or food is provided for residents to use to prepare their own meals, MSC must make dietary modifications and/or provide appropriate food options based on residents’ health, religious, and/or cultural practices.
As feasible, food provided should promote healthy eating.
E. Dining facilities. MSC must provide a table and chairs if food is served.
F. Food allergies. Any snacks and meals provided should be provided with reasonable accommodations made for known allergies, including among children residing in the MSC. Providers should be asking about food allergies at intake; however, it is the parents’ responsibility to inform the program of children’s food allergies.
11. STORAGE OF BELONGINGS.
Storage of belongings is limited to Residents’ personal micro-shelter and individual locking storage unit. Locks and/or keys should be provided to Residents as needed with the understanding that the Host Entity Team also holds keys and combinations. Personal belongings that cannot be organized in the micro-shelter or locking storage unit must be stored offsite. Each Resident is responsible to organize and pay for off-site storage of personal belongings. Under no circumstances will Residents be permitted to store belongings outside, under tarps, or anywhere in the MSC besides inside their own micro-shelter cabin or lockable storage unit.
The Host Entity Team of Goodwater Crossing is not able to safely store Resident belongings, including items such as weapons, medication, and vital documents. If a Resident’s recovery plan requires storage or oversight of medication or other valuables, the case manager will work with the Resident to determine how this storage or oversight will be managed using resources outside of the Host Entity Team and its paid or volunteer staff.
In order to maintain a community free of clutter, each resident is responsible for maintaining a tidy unit. The MSC will provide lockable lockers which allow residents to securely store their belongings outside of their inhabited micro-shelters. Residents will have keys to these lockers and will have access to them 24 hours a day, 365 days a year. Residents will be encouraged to store any items not needed for daily use in the lockers to avoid fire hazards inside the microshelter units.
Packet Pg. 480 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 24 12. ANIMAL CARE.
Pet owners shall assume the responsibilities for caring for their animals. Water will be available.
Additional provisions may be provided at the site. Some sites may be unsuitable for pets. Pet owners are also responsible for administering all regular medications to their animals. All pets must be licensed, vaccinated, spayed and neutered. If these requirements are not met at intake, assistance can be provided to help meet these criteria.
The MSC reserves the right to refuse admittance to animals that appear too aggressive for the MSC to handle. Regardless of initial presenting temperament, enforcement of MSC rules to reduce the risk of bites and other injuries must be observed and include:
A. All animals should be handled only by their respective owners. No one should handle or touch pets other than their own without the owner’s permission.
B. All animals on MSC property should be leashed or confined (kenneled/carrier) at all times unless in the pet area.
C. All incidents involving aggressive animals are documented in writing prior to removal of the pet from the site.
D. The number of pets will be determined by site suitability.
E. No pets may be acquired AFTER acceptance into a MSC, unless otherwise approved through consultation with the Lead Advocate or Case Manager, and approval by the Resident Council.
F. If, at any time, the MSC Resident Council finds that a pet either poses a nuisance or danger to others or is not properly cared for, the pet must leave the MSC at the instruction of the MSC Resident Council. Residents may ask the MSC Resident Council for assistance in the proper training of their pet.
G. If the Resident is off site without the pet, it must be under the supervision of another willing Resident. Pets may not be left on-site unsupervised.
H. The owner is responsible for food, proper health and care of their pet, and must pick up all solid waste for their pet and properly dispose of it. i. The owner must keep their pet from annoying other Residents either through trespass, barking or any other means.
13. MEDICATIONS AND STANDARD PRECAUTIONS.
The MSC Host Entity Team is not equipped to distribute medications, whether prescribed or narcotic. Each site will determine the level of Resident medical needs and follow standard precautions.
A. Medication
MSC may not administer or dispense medication and may not require Residents to Packet Pg. 481 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 25 turn over medication, unless administered by a licensed staff person as part of an on-site supportive program in which an MSC Resident is dually enrolled. The MSC is not equipped to secure prescription medications.
B. Standard Precautions
Staff must comply with universal precautions and proper sharps disposal.
Instructional signage will be visible at all sinks in the MSC to assist staff and Residents in maintaining hygiene safety.
Standard Precautions are the minimum infection prevention practices that apply regardless of suspected or confirmed infection status in any setting where health care is delivered.
• Hand hygiene.
• Use of personal protective equipment (e.g., gloves, masks, eyewear). • Respiratory hygiene / cough etiquette.
• Sterile instruments and devices.
• Clean and disinfected environmental surfaces.
C. First Aid
Basic first aid supplies must be available on-site and accessible at all times. First aid kits will include, at minimum, 2 absorbent compress dressings, 25 adhesive bandages, 1 roll adhesive cloth tape, 5 single-use antibiotic ointment packets, 5 single-use antiseptic wipe packets, 1 emergency blanket, 1 breathing barrier for administering CPR, 1 instant cold compress, 2 pairs of non-latex gloves, 2 single-use hydrocortisone ointment packets, 1 roll of gauze, 5 individually-packaged sterile gauze pads, tweezers, and an emergency first aid guide as provided by the American Red Cross.
D. Infectious Disease
i. MSCs are a valuable partner in public health and, as such, are responsible to report any suspicion of infectious disease within the MSC or among Residents or staff (including COVID-19) to the Shasta County Public Health Line (530-225-5591 or 800-971-1999 – Emergency answering service is available 24 hours a day, seven days a week).
ii. An infectious disease which significantly increases the risk of harm to other MSC residents or staff may be a reason for denial or discharge. Residents with lice or scabies or exhibiting symptoms of Tuberculosis (TB) shall be allowed to stay in the MSC unless the disease or infestation cannot be appropriately contained (e.g. due to close quarters of facility), in which case those residents may be discharged and referred to a health care provider for treatment.
Packet Pg. 482 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 26 iii. MSC must comply with California Code of Regulations, Title 8, Section 5199, regarding Aerosol Transmissible Diseases (ATD) control and worker and client safety expectations: http://www.dir.ca.gov/title8/5199.HTML.
For additional guidance on this regulation and for information regarding best practices for control of infectious disease, please also refer to “Preventing Tuberculosis (TB) in Homeless Shelters” published by the Los Angeles County Department of Public Health:
http://publichealth.lacounty.gov/tb/docs/LATBGuidelinesforShelters.pdf
14. ALCOHOL, DRUGS, SMOKING & PARAPHENALIA.
In order for Residents to begin their transition to permanent housing, alcohol and illegal drugs will not be allowed on-site at MSCs.
A. Smoking.
MSCs shall prohibit smoking indoors and reasonable efforts must be made to prevent smoke from entering buildings. A designated smoking area and disposal receptacle will be provided at least 20 feet away from all structures.
B. Drug and Alcohol Use/Possession.
MSCs must have a policy prohibiting the possession, use, or distribution of alcohol or illegal drugs on the premises. If alcohol or drugs are found, residents should be given the opportunity to dispose of the prohibited substance. Residents who choose not to dispose of the substance may be subject to interventions up to and including involuntary discharge. Resident returning to the MSC inebriated is not cause for expulsion if they do not disrupt the community. Residents will also be offered opportunities to participate in rehab programs.
A single violation of this policy cannot be a reason for discharge unless the violation compromises the health or safety of other residents or staff. Multiple violations of this policy may be used as grounds for discharge.
i. Admission and discharge must not be based on substance use or possession alone unless as noted above for multiple violations.
ii. Drug testing of residents is prohibited unless the testing is part of an agreed upon treatment plan with the resident. Submission to drug testing cannot be a requirement for residency, and refusal to participate in drug testing cannot be the basis for involuntary discharge.
iii. Being under the influence on-site may not be the basis for discharge. iv. Noncompliance with treatment or containment measures that endangers other residents may be cause for discharge.
Packet Pg. 483 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 27 C. Legal and Prescribed Narcotics. Residents who are under the care of a licensed physician and have been prescribed controlled substances must notify the MSC Host Entity Team of their possession of these drugs and are responsible to securely lock these substances in their private storage at all times to prevent theft. Illegal sharing of controlled substances with other Residents could be grounds for involuntary discharge.
Residents are encouraged to consider whether use of legal narcotics will support or deter their progress and, in consultation with their Case Manager and primary care provider, determine the best decision in regard to the use of legal narcotics.
D. Search of Possessions.
As per the signed Resident agreement, shelters and storage can be inspected when there is reason to believe that the person has in his or her possession something which may jeopardize the safety of other residents or staff, including a weapon or illegal material such as illegal drugs, or something which is interfering with the peaceful enjoyment of the facility of other residents such as food that is attracting vermin. If the person does not consent to the search, and a valid reason exists to search, the person may be given the choice of being discharged or being searched.
Any other items suspected to have been used for drug related purposes will be dealt with on a case-by-case basis by the MSC Host Entity Team.
15. COUPLES.
Couples must agree to abide by the following intervention policy if the couple is no longer able to cohabitate. This statement must be filled out and signed by the couple during the interview process.
"We, the couple, in the event we are no longer able to live together and one person needs to move out of couple housing, will agree to MSC policy that [name] will move out of the couple's unit." Signed ____________ and ____________.
16. HEALTH AND SANITATION.
A. Residents are required to participate in cleaning duties on-site.
B. Residents are required to maintain basic personal hygiene, including hair, face, body, hand, feet, nail, armpit, oral, and eye hygiene. Residents struggling with hygiene issues will be offered help to comply to avoid ramifications of non-compliance.
Packet Pg. 484 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 28 APPENDIX A: CONSULTATION POLICY. (REF: #2.G)
A Micro-shelter Community is a transitional community that provides residents a safe place to address the issues that led to their homelessness so that they can transition into permanent housing and a stable lifestyle. In order to accomplish these goals, the health and safety of participants, volunteers, staff, and the surrounding community must be safeguarded.
In the event of a life-threatening emergency, please dial 9-1-1.
When a challenging resident situation or other urgent matter that is not an emergency arises, please refer to the following consultation tree to contact someone who can help:
1. If it is safe to do so, attempt to address the concern directly with the Resident(s).
2. If approaching Resident(s) is unsafe or not possible, consult with the highest-ranking staff person (volunteer or paid) currently on-site.
3. If on-site staff people are unable to address the situation and the St. James Church office is open, contact a member of the St. James Church staff for direction on addressing the situation.
4. If the St. James Church office is closed and the Lead Advocate for the Resident(s) involved is known, contact the Lead Advocate for direction on addressing the situation.
5. If the Lead Advocate is unknown or unavailable, or if the Lead Advocate is unable to resolve the situation, contact the Host Entity Team member who is on call at XXX-XXXXXXX. This person can be reached at any time of the day or night to address urgent matters related to the MSC.
Packet Pg. 485 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 29 APPENDIX B: GOOD NEIGHBOR POLICY (REF: #4.A)
In the spirit of open communication, the exchange of ideas and concerns with any neighborhood in proximity of an MSC is essential.
The MSC Host Entity Team will be expected to:
- Publicly post the date and time of each Host Entity Team meeting and welcome the participation and input of any interested attendees. Only the members of the Host Entity Team will vote on matters requiring a formal vote.
- Make a good faith effort to include at least one resident of the immediate neighborhood around the MSC on the Host Entity Team.
- Publicly post the Consultation Policy, to include contact information for MSC leadership and after-hours access for 24/7 emergency concerns.
- Receive any concerns, suggestions, or questions from the surrounding neighborhood and respond to those inquiries with good faith and within a reasonable timeframe. - Provide neighbors with access to the Consultation Policy, including the 24-hour Contact phone number for pressing concerns.
The MSC Residents will be expected to:
- Respect the rules of the MSC, including quiet hours, cleanliness of the MSC site and surrounding neighborhood, drug policies, and behavioral guidelines for relating to neighbors with dignity and respect.
- Take accountability for the behavior of any guests and pets in their care, including enforcing community rules, cleaning up after pets, and ensuring that pet vaccinations are up to date. - Hold one another accountable for rule-breaking and help to establish an atmosphere of mutual support within the MSC.
MSC 24-hour Contact Phone:
MSC Host Entity Email Address:
MSC Postal Address:
Packet Pg. 486 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 30 APPENDIX C: APPLICATION & INTAKE QUESTIONNAIRE (REF: #5.A) Date: __________________
Legal/Given Name:_______________________________________________________________ Name Used: _____________________________________________________________________ Race/Ethnicity: ___________ Gender: __________ Preferred Pronouns:___________ Driver's License/State ID number: ________________________ State issued: __________ Contact information: Phone: ______________ Email: ___________________ Address: _______________________________________________________________________ Emergency Contact Information: Relationship: ______________________Phone: _____________ Email: ___________________ Address: ______________________________________________ Date of birth: _____________
Please list three references:
1. Name: ___________________ Relationship:__________________ Phone : __________________ Email: _______________________
2. Name: ___________________ Relationship:__________________ Phone : __________________ Email: _______________________
3. Name: ___________________ Relationship:__________________ Phone : __________________ Email: _______________________ Circle one: Single / Married / Partnered / Divorced / Name of Partner: __________________ Do you have a pet? Yes/No If so, what kind? __________ Weight? _______ Spay/neuter? Yes/No Do you have any current vaccination documentation? Yes/No (Please submit copies as able.) How did you become unhoused?
____________________________________________________________________________ __________________________________________________________________________________ ________________________________________________________________________ Is this your first experience being unhoused? ____________________________________________ How long have you been without stable housing? ________________________________________ Most recent location? ______________________________________________________ How long have you been in the Redding Area? __________________________________ What other states have you lived in?
____________________________________________________________________________ Do you have any food allergies? If so, list here:
Packet Pg. 487 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 31 Do you have a source of income? Yes / No - If so, what source(s)? a. ___________________________
b. ___________________________
Are you employed? Yes / No If so, where and how many hours/week? _____________________ _____________________________________________________________________________ Previous work experience:
a. ______________________________________________________________________ . b. ______________________________________________________________________ c. ______________________________________________________________________ d. ______________________________________________________________________ e. ______________________________________________________________________ .
2. What goals do you have for yourself?
a. ______________________________________________________________________ . b. ______________________________________________________________________ c. ______________________________________________________________________ d. ______________________________________________________________________ e. ______________________________________________________________________
3. What other interests and hobbies do you have?
a. ______________________________________________________________________ . b. ______________________________________________________________________ c. ______________________________________________________________________ d. ______________________________________________________________________ e. ______________________________________________________________________ ______________________________ ________________
Resident Date
______________________________ _________________
MSC Representative Date
Packet Pg. 488 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 32 APPENDIX D, Part 1: BACKGROUND CHECK (REF: #5.A)
We conduct a background checks on all applicants. This housing program is not suitable for those with certain criminal offenses such as current domestic violence, sexual assault, or arson. A criminal record is not necessarily disqualifying for admission into the program.
Last Name: ________________ First Name: _________________ Middle Name: ______________ Date of Birth: ______________Last 4 digits of SSN:______________ Have you ever been convicted of a criminal offense? Yes / No If yes, please state the City/Town, County and State, the date of the conviction, and charges you were convicted of. (Please use the back of the sheet if you need more room).
1. ________________ _________ ______________________ __________________________ City State County Date/Yr Offense
2. ________________ _________ ______________________ __________________________ City State County Date/Yr Offense
3. ________________ _________ ______________________ __________________________ City State County Date/Yr Offense
The information on this form is true and accurate to the best of my knowledge. I give permission to verify all information provided.
______________________________ ________________
Resident Date
______________________________ _________________
MSC Representative Date
Packet Pg. 489 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 33 APPENDIX D, Part 2: REFERENCES (REF: #5.A)
Applicant Name: _____________________________________________________________ Application Submitted: Date: _________________
Background Check Submitted. Date: _________________
Background Check Outcome: Date: ________________
1st Reference Name: ___________________________ Response: __________________ ________________________________________________________________________________ _______________________________________________________________________________ 2nd Reference Name: _______________________________ Response:________________ _______________________________________________________________________________ _______________________________________________________________________________ 3rd Reference Name: _______________________________ Response: ________________ _______________________________________________________________________________ ________________________________________________________________________________ MSC Interview Team
1. Reviewers response Initial: ___ Candidate (Y/N)
2. Reviewers response Initial: ___ Candidate (Y/N)
3. Reviewers response Initial: ___ Candidate (Y/N)
Interview Date _________________ Resolution: (Y/N)
Summary:
__________________________________________________________________________________ ______________________________________________________________________________ Packet Pg. 490 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 34 APPENDIX E: APPEAL FORM (REF: #5.E.iv and #8.G)
Persons wishing to appeal a decision of the Micro-Shelter Community Host Entity Team or Resident Council should complete and submit the bottom half of this form to the Host Entity Team Chairperson via one of the following methods:
o Email:
o Postal mail:
o Drop-off at the Host Entity Office
Upon receipt of your appeal, the Host Entity Team will review the documents related to your admission denial or disciplinary action along with your appeal documentation. If warranted, you will be asked to speak to the Host Entity Team to answer any questions they might have. After discussion, the Host Entity Team will vote whether to uphold or revise the decision. If the decision is revised, a new agreement will be discussed with you and any involved parties. A written response to your appeal will be returned to you within 48 hours of the Host Entity Team meeting.
If you have questions regarding this appeal form or the appeal procedure, please contact your Lead Advocate or the Host Entity Team Chairperson, NAME at XXX-XXX-XXXX. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MSC Notice of Appeal
Name of Person Appealing Decision:
Type of Decision Being Appealed: [ ] Admission Denial [ ] Disciplinary Action Reason for Appeal (check all that apply):
[ ] New or missing information now available (describe below) [ ] Decision violates policies and procedures outlined in MSC Operations Manual (describe below) [ ] Applicant wishes to propose an agreement to address disqualifying behavior or circumstance (describe below)
Please provide additional information about your reason for appeal:
Packet Pg. 491 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 35 APPENDIX F: RESIDENT RIGHTS AND RESPONSIBILITIES (REF: #5.I-J) All incoming Residents are required to review these rights and responsibilities and agree to uphold them in writing.
Resident Rights:
1. Residents have the right to be treated with dignity and respect;
2. Residents have the right to privacy within the constrictions of the MSC environment;
3. Residents have the right to be treated with cultural sensitivity;
4. Residents have the right to self-determination in identifying and setting goals;
5. Residents will receive services only in the context of a professional relationship based on valid, informed consent;
6. Residents should be clearly informed, in understandable language, about the purpose of the services being delivered, including residents who are not literate and/or have limitedEnglish proficiency;
7. Residents have the right to privacy and have information about when private information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law;
8. Residents have the right to reasonable access to records concerning their involvement in the program.
Resident Responsibilities:
1. MSC Residents are required to participate in the operations and management of their site and in the process of achieving goals they set with their Case Manager.
2. Residents must abide by the MSC non-discrimination policy in their interactions with other Residents. They must show respect for the property of others and report any incidents of the theft.
3. Residents must abide by the Weapons Policy and the Drug/Alcohol Policy of the MSC.
4. Residents must abide by all site rules, including but not limited to upholding quiet hours, keeping personal and shared spaces clean and orderly, supervising pets, and ensuring that any visitors abide by site rules when in the MSC or its surrounding community.
5. Residents are required to participate regularly in Resident Council meetings to discuss ideas, share concerns, and determine solutions.
6. Residents will notify staff of any needed repairs and will not make any modifications or repairs to shelters or equipment, including but not limited to locks, lighting, and smoke detectors.
7. Residents are expected to cooperate and collaborate in the shared goal of moving all Residents toward fulfillment of their life transition and housing plans. All residents will support one another toward a positive exit into the next phase of recovery, rehabilitation, and/or permanent housing.
I have received, reviewed, and understand these Rights and Responsibilities.
Signature: Date
Packet Pg. 492 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 36 APPENDIX G: RESIDENT COMMUNITY AGREEMENT. (REF:#5.F) An MSC is a transitional community that provides residents a safe place to address the issues that led to their homelessness. Residents are expected to contribute to the governance and reinforcement of community guidelines:
I will be a positive member of this community and contribute toward making it a safe, secure, clean and pleasant place to live. Therefore I agree to the following:
a. I will have respect for myself and others regardless of ethnicity, religion, gender, sexual orientation, disability, lifestyle, or economic status. b. I will not carry a weapon, store weapons at the MSC, or act violently toward others or myself.
c. I will maintain mutual respect of others’ property and communicate any incidents of theft.
d. I will not possess or use alcohol or illegal drugs or paraphernalia on site. I will seek help to overcome destructive addictions I may have.
e. I will honor quiet hours as designated by the MSC Host Entity Team. f. I will keep my personal space clean and orderly. A small additional storage unit will be provided with each shelter. Belongings that do not fit in my shelter and storage unit will be stored off-site.
g. I will participate in the operations and maintenance of our community by working schedules hours, which may include kitchen duties, maintenance and clean up, security, toilets and hand washing stations, showers, gate monitor, etc. h. I will keep my pets on a leash unless supervised in the pet area, clean up waste and dispose of it properly. I will adhere to the pet policy. i. I will contribute to the cost of operations by monthly payments, by working within the MSC community, and/or by supporting fundraising events. j. I will attend regular resident meetings to discuss ideas, concerns, and solutions. I will abide by decisions made.
k. I will complete the application, background check, and intake process honestly. I understand that, if additional information reveals otherwise, I could be asked to leave. l. I will communicate with my Case Manager if this setting is not working for me, or if I have violated guidelines, and understand that arrangements for a more suitable program will be offered.
Resident Signature ________________________ Date __________ MSC Representative ________________________ Date __________ Packet Pg. 493 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 37 APPENDIX H: GRIEVANCE DOCUMENT (REF: #8)
Persons wishing to submit a formal complaint or grievance against a Resident, staff-person, or volunteer of the Micro-Shelter Community should complete and submit the bottom half of this form to the Host Entity Team Chairperson via one of the following methods:
o Email:
o Postal mail:
o Drop-off at the Host Entity Office
Upon receipt of your grievance, the Host Entity Team will review the documents related to your complaint. If warranted, you and other involved parties will be asked to speak to the Host Entity Team to answer any questions they might have. After discussion, the Host Entity Team will determine whether disciplinary action is warranted and how to proceed. You may be asked to participate in mediation. A written response to your complaint form will be returned to you within 48 hours of the Host Entity Team meeting.
If you have questions regarding this grievance form or the complaint procedure, please contact your Lead Advocate or the Host Entity Team Chairperson, NAME at XXX-XXX-XXXX. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MSC Notice of Written Complaint or Grievance
Name of Person Filing a Complaint:
Name of Person Against Whom Complaint is Being Filed:
Name(s) of Other Involved Individual(s):
Please describe your complaint:
Please describe previous steps you’ve taken to address this concern:
Packet Pg. 494 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 38 APPENDIX I: GRIEVANCE NOTICE (Ref: #8)
NOTICE TO ALL MSC RESIDENTS
APPEAL AND GRIEVANCE POLICY
1. In cases of admissions denial, involuntary discharge, and disciplinary actions, all Residents have the right to present their case before a neutral decision-making individual or body, up to and including the Host Entity Team.
2. When requested, Residents have the right to have an advocate present during the appeal or grievance process. Reasonable efforts will be made to coordinate with a Resident’s advocates in order to schedule meetings when the Resident’s advocate of choice is available.
3. The Host Entity Team must respond in writing to any written appeal or complaint within 48 hours of the Host Entity Team meeting in which a decision is made.
4. Residents who are involuntarily discharged from the MSC have the right to stay in the MSC until the appeal process is completed unless the Resident’s continued presence in the MSC poses a risk to the health and safety of other residents and/or staff.
5. Applicants and Residents have the right to appeal admissions denials for cause, involuntary discharge decisions, and disciplinary actions.
6. Any subsequent appeals processes beyond appeal to the Host Entity Team as provided by funding agencies or other partner organizations will be added to this notice when available.
Packet Pg. 495 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 39 APPENDIX J: EMERGENCY RESPONSE PLAN (REF: #9)
The following information must be posted in a public area in the MSC and reviewed at least monthly at MSC Resident Council meetings and with new residents upon intake.
1. Fire extinguishers and emergency evacuation routesfrom the MSC are clearly marked on the MSC Emergency Evacuation Map, which accompanies this notice.
2. In the event of an emergency evacuation of the MSC, all residents will leave the MSC and gather immediately at the front of St. James Lutheran Church to be accounted for and assisted by first responders as needed. If the situation requires evacuation to a further distance, the gathering location will be the parking lot of the Chevron north of Rt 44 on Shasta View Dr.
3. Residents are encouraged to keep a “go bag” with items such as bottled water, flashlight, whistle, personal hygiene products, prescription medication or a list of prescriptions, a cell phone charger, basic emergency pet supplies, copies of vital records, and first aid supplies. This bag should be prepared at all times in case of an emergency evacuation from the MSC. Residents may request assistance from the MSC Safety Committee in preparing a bag.
4. The highest-ranking volunteer on site at the MSC at the time of an emergency will be considered the leader of the emergency response until a higher-ranking volunteer or staff person arrives. If no staff person is on site at the time of the emergency, the chairperson of the MSC Resident Council will take the leadership role. This leader is responsible for gathering all evacuees, calling 9-1-1 if needed, and assessing and responding to injuries of any residents or volunteers until help arrives. Residents interested in training for basic emergency response will be supported in this effort.
5. The MSC will install and maintain signage indicating the direction of exits from the gated MSC area.
6. The MSC Safety Committee will conduct one fire drill and one shelter-in-place exercise on, at minimum, a bi-monthly basis. These drills should include all current residents of the MSC and several volunteers or staff members on a rotating basis.
7. The Host Entity Team or its designee will maintain an updated list of current residents’ names, phone numbers, potential emergency support needs, and pet names and types for use in an emergency. Copies of this list, along with an accurate map of the MSC, will be kept in a secure but accessible location for reference during an emergency response.
8. At least one resident should be trained in locating and turning off utilities in the event of an emergency, especially gas or propane lines, if any.
9. In the event of a large-scale emergency like an earthquake, all residents will attempt to contact their lead advocate to report their safety status and location. If phone lines are down, residents should gather at St. James Lutheran Church if able or report to the nearest Red Cross shelter and register with their Reunification program so that leaders of the MSC can find them.
Packet Pg. 496 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 40 APPENDIX K: PET OWNERSHIP AGREEMENT (REF: #12)
Micro-Shelter Community Pet Ownership Agreement
Pet ownership is often an important part of the development of social and economic mobility for individuals who have previously experienced homelessness. This MSC makes reasonable accommodations for pet owners who reside at the MSC. Upon intake, Residents with pets must review and sign the following agreement. Current residents will typically be prohibited from adopting new pets after intake, but exceptions can be made in consultation with case managers, lead advocates, and the Resident Council.
The MSC will:
- Provide safe and clean drinking water at the MSC.
- Assist the Resident in meeting licensing, vaccinating, and spay/neuter requirements as needed.
- Monitor the behavior of pets to ensure the safety of all Residents and staff.
The pet owner will:
- Care for the basic needs of the pet, including provision of adequate water, food, and shelter.
- Administer all regular medications to their pets.
- Pursue licensing, vaccinations, and spaying/neutering of their pet as needed. - Handle or touch only their own pets unless given permission by the owner. - Leash or kennel their pet at all times unless in an enclosed pet area. - Report any incidents involving aggressive animals, including their own, to the Host Entity Team.
- Pursue proper training of all pets in order to avoid removal of the pet due to excessive nuisance or danger to others. Owners are responsible for preventing pets from trespassing in other Resident’s private space, excessive noise-making, and other sources of nuisance. - Place the pet into the care and supervision of another willing Resident or staff person when the Resident is off-site without the pet.
- Clean up all solid waste from their pet and properly dispose of it. - Abide by any decisions made by the Host Entity Team to remove the pet from the MSC due to chronic aggressive behavior or nuisance.
I have reviewed and agree to abide by these regulations regarding my pet(s).
Signature of Resident/Owner:
Name(s) of Pet(s):
Packet Pg. 497 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 41 APPENDIX L: NOTICE OF PRIVACY PRACTICES (REF: 5.I.i) This notice describes how information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
Your information is personal, and the MSC team is committed to protecting it. Your information is also very important to our ability to provide you with quality services and to comply with certain laws.
How we may use and disclose your information:
- MSC partners and agencies may use or disclose your information to other personnel of the MSC or its partner agencies in order to coordinate your care. - We may use and disclose your information to recommend service options or alternatives that may be of interest to you.
- We will use and disclose information when required by federal, state, or local law or regulation.
- We may use and disclose your information when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. This could include disclosure of your information to the appropriate governing authority if we believe you have been the victim or perpetrator of abuse, neglect, or domestic violence if such disclosure is required by law.
Your rights regarding your information:
- You have the right to inspect and obtain copies of your information from our records. If you feel that your information is incorrect or incomplete, you may submit a written request to your case manager. This request will become part of your record. - You have the right to request additional restrictions when disclosing your information. This request must be made in writing and include what information you want to limit, the type of limitation, and to whom you want the limitation to apply. Reasonable effort to accommodate these requests will be made as allowed by federal, state, and local law and the policies and procedures of the MSC.
Your responsibilities:
- You agree to keep private any information you overhear in or around the MSC related to another Resident’s health diagnosis, concerns, or complications, substance use issues, mental health concerns, family concerns, etc.
- You agree to share information with your case manager and Lead Advocate that is pertinent to your care, recovery process, and the goals you have set for yourself.
I acknowledge that I have received and reviewed this Notice of Privacy Practices and agree to abide by it.
Resident Signature Date:
Packet Pg. 498 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 42 APPENDIX M: ABUSE REPORTING DOCUMENT (REF: #8.B)
Part of living in community is helping to keep each other safe and hold each other accountable for appropriate behavior and treatment of others. If you have witnessed or suspect that an MSC Resident, staff-person, or volunteer has been the victim of perpetrator of sexual, emotional, or verbal abuse, please complete this document and submit it to the Host Entity Team Chairperson via on of the following methods:
o Email:
o Postal mail:
o Drop-off at the Host Entity Office
Please note that any adult caregivers to elderly persons are considered Mandated Reporters in the state of California and are therefore required by law to report any witnessed or suspicion of abuse.
If you have questions regarding this abuse reporting form or your legal obligations, please contact your Lead Advocate or the Host Entity Team Chairperson, NAME at XXX-XXX-XXXX. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MSC Report of Suspected or Known Abuse of or by a Resident, Staff-person, or Volunteer Name of Person Filing Report:
Name(s) of Suspected/Known Victim(s) if known:
Name(s) of Suspected/Known Perpetrator(s) if known:
Please describe the incident:
Packet Pg. 499 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 43 APPENDIX N: MSC DRUG/ALCOHOL AGREEMENT (REF:#14.B)
In order for Residents to begin their transition to permanent housing, alcohol and illegal drugs will not be allowed on-site at MSCs. Upon intake, new Residents must review and sign the following agreement:
- Residents will not smoke indoors or within 20 feet of MSC facilities. A designated smoking area and disposal receptacle will be provided.
- Residents may not possess, use, or distribute alcohol or illegal drugs on the MSC premises.
If alcohol or drugs are found, the Resident will be given the opportunity to dispose of the prohibited substance. A single violation of this policy cannot be a reason for involuntary discharge unless the violation compromises the health or safety of other Residents or staff.
Multiple violations of this policy may be used as grounds for involuntary discharge. - Residents returning to the MSC under the influence of alcohol or illegal drugs will not be subject to disciplinary action as long as they do not disrupt the community. Residents will be encouraged to participate in drug/alcohol rehab programs as part of their recovery plan. - Admission, discharge, and service restriction policies must not be based on substance use or possession alone unless as noted above for multiple violations. - Drug testing of residents is prohibited unless the testing is part of an agreed upon treatment plan with the resident. Submission to drug testing cannot be a requirement for residency, and refusal to participate in drug testing cannot be the basis for involuntary discharge. - Noncompliance with treatment or containment measures that endangers other residents may be cause for discharge.
- Residents who are under the care of a licensed physician and have been prescribed controlled substances must notify the MSC Host Entity Team of their possession of these drugs and are responsible to securely lock these substances in their private storage at all times to prevent theft.
Illegal sharing of controlled substances with other Residents could be grounds for involuntary discharge.
I have reviewed the above policies and had opportunity to discuss and ask questions about it. I understand the policies and agree to abide by them during my time as a Resident of the MSC.
Resident Name:
Resident Signature:
Signature of Intake Official:
Date:
Packet Pg. 500 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 44 APPENDIX O: SAMPLE HOUSEKEEPING AND MAINTENANCE PLAN (REF: #9.N) MSC HOUSEKEEPING PLAN, WEEK OF MAY 14
TASK ASSIGNED PERSON COMPLETION INTIALS
Daily Restroom Check: wipe
down sinks and counters,
check and replenish paper
supplies, clean toilet bowl
Monday _____
Tuesday _____
Wednesday _____
Thursday _____
Friday _____
Saturday _____
Sunday _____
Bi-Weekly Kitchen Clean-up:
scour sink, wipe and sanitize
counters and tables, clean
refrigerator, notify Residents
of expired food in fridge, wipe
inside and outside of
microwave, sweep common
area floors
Monday _____
Thursday _____
Property and Garden Care:
Pick up any loose trash on the
ground inside or outside the
fenced MSC, empty common
trash cans into church
dumpster, water shared
garden areas, wipe debris from
park benches, sweep outdoor
pathways
Monday _____
Thursday _____
Saturday _____
MSC MAINTENANCE PLAN, MONTH OF JULY
TASK ASSIGNED PERSON COMPLETION INITIALS
Bi-Monthly Safety Check:
visual inspection of electrical
outlets and lighting in common
areas, visual inspection of gate
function and exterior fence
integrity, check for presence
and function of emergency
1st week of the month _____
Packet Pg. 501 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 45 materials in the emergency
area (including cell phone,
emergency phone numbers,
fire extinguisher, evacuation
plan, etc)
3rd week of the month _____
Evacuation Drill One time per month _____
Monthly Facility Check: visual
inspection of facilities and
grounds looking for decay,
pests, and repair needs
One time per month _____
Packet Pg. 502 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site) 46 APPENDIX P: DONATED FOOD SAFETY STANDARDS AGREEMENT (#10.B) Thank you for your willingness to support our Micro-shelter Community with donations of prepared food! In order to ensure the safety of the food provided to our Residents and other participants, we ask that you review and sign the following food preparation guidelines:
1. Ensure food preparation surfaces, dishes, and utensils are clean and in good condition.
2. Check supplies to ensure food is packaged safely, at the correct temperature, not expired, and is clean and undamaged.
3. Ensure that raw and ready-to-eat foods are stored and handled separately. Raw meat, poultry, and fish should be stored below ready-to-eat food in a clearly distinguishable part of the refrigerator and in covered containers. Do not reuse plates or containers that have held raw meat.
4. Make sure food is cooked and prepared properly and is kept covered to help prevent contamination. Beef, veal, lamb, roasts, and chops should be cooked to 145°F. Pork and ground beef should be cooked to 160°F. Poultry should reach a safe minimum internal temperature of 165°F.
5. Use good hygiene when preparing and serving food. Wash hands, use gloves, secure jewelry, and cover or pull back hair.
6. Provide notification to MSC leaders of the presence of any common allergens in dishes you donate.
7. Ensure that hot food is kept at at least 140°F and cold food is kept at approximately 40°F. No food should be left at room temperature for more than two hours. Food left out for more than two hours should be discarded.
I, , have read and reviewed these food safety standards and agree to abide by them for the safety of the participants in our Micro-shelter Community.
Signature: Date:
Phone number: Email:
Packet Pg. 503 Attachment: 2022-04-04 Goodwater Crossing Ops Manual with appendices (9.2(a)--Goodwater Crossing Emergency Housing Site)
GOODWATER AVE SHASTA VIEW DRIVE
ST. JAMES
LUTHERAN CHURCH
EMERGENCY SLEEPING CABINS
ST. JAMES LUTHERAN CHURCH
2500 SHASTA VIEW DRIVE
REDDING, CALIFORNIA
CONSTRUCTION
SITE LOCATION
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP TITLE SHEET C0.1 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
FEET 0 40 80
Packet Pg. 504 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site)
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP GENERAL NOTES C0.2 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
Packet Pg. 505 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site)
GOODWATER AVE SHASTA VIEW DR
ST. JAMES
LUTHERAN CHURCH
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP PARTIAL SITE SURVEY & DEMO PLAN C1.0 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
FEET 0 20 40
Packet Pg. 506 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) GOODWATER AVE EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
FEET 0 10 20
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP PROPOSED SITE PLAN C2.0
Packet Pg. 507 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) GOODWATER AVE EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
FEET 0 20 40
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP PROPOSED UTILITY PLAN C3.0
Packet Pg. 508 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site)
GOODWATER AVE
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP GRADING PLAN C4.0 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
FEET 0 20 40
Packet Pg. 509 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) ”
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP ACCESSIBILITY REQUIREMENTS & SITE DETAILS C7.0 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
Packet Pg. 510 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site)
GOODWATER AVE
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP EROSION CONTROL PLAN C9.0 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
Packet Pg. 511 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site)
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP ELECTRICAL NOTES & SINGLE LINE E0.1 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
Packet Pg. 512 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site)
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP ELECTRICAL LOAD CALCS, PANEL SCHEDULE & DETAILS E0.2 EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
Packet Pg. 513 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site) EMERGENCY SLEEPING CABINS CALIFORNIA HERITAGE YOUTHBUILD ACADEMY ST. JAMES LUTHERAN CHURCH 2500 SHASTA VIEW DRIVE REDDING, CALIFORNIA 0 4.15.22 ISSUED FOR PERMIT
04.15.22 20.340.1
FEET 0 10 20
JOB NUMBER
SHEET NUMBER
DATE ISSUED NO. DATE REVISIONS 9512 CROSSROADS DR. STE. A REDDING, CALIFORNIA 96003 WWW.BUTLERGROUP.US T. 530.222.5211 CIVIL STRUCTURAL SURVEYING butler ENGINEERING GROUP SITE ELECTRIC PLAN E1.0
Packet Pg. 514 Attachment: Draft 20.340.1 E.S.C. ST. JAMES R0 4.15.22 (9.2(a)--Goodwater Crossing Emergency Housing Site)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Mayor to execute a Development Agreement (DA) with Redding Lowden Lane, LP, (Developer) providing a City of Redding (City) Loan in an amount not-to-exceed $5,500,000 financed by the Community Development Block Grant (CDBG) Disaster Recovery Multifamily Housing Program (DR-MHP) funds, and an Infill Infrastructure Grant (IIG) loan in an amount not-to-exceed $1,989,650, for the development of the Lowden Lane Senior Apartments (Project) located at 2775 Lowden Lane; and authorize the City Manager, or designee, to execute the DA, the CDBG DR-MHP funding documents, and any other documents necessary to complete the project transaction.
Fiscal Impact
The State of California Department of Housing and Community Development (HCD) is the lead agency administering CDBG DR-MHP funds. These funds are granted to jurisdictions to provide financing to build income-qualifying housing projects. The City of Redding was allocated $16,660,145 in grant funds to be utilized for eligible projects and staff activity delivery costs.
On June 26, 2020, IIG funds were awarded to the developer and the City of Redding by HCD to fund the Lowden Lane Senior Apartments Project (project).
CDBG DR-MHP and IIG are both grant funds which have no impact to the General Fund.
Alternative Action
The City Council (Council) could modify the DA and provide an alternative direction to staff.
Any modifications would require additional negotiations with the developer which could cause a delay and could ultimately prevent the project from moving forward. The Council could alternately choose not to approve the DA and provide an alternative direction to staff.
MEETING DATE: May 17, 2022
ITEM NO. 9.2(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.2(b)--Consider approving Development Agreement for Lowden Lane Senior Apartments.
Steve Bade, Deputy City
Manager
Packet Pg. 515
Report to Redding City Council May 12, 2022
Re: 9.2(b)--Development Agreement for Lowden Lane Senior Apartments Page 2 Background/Analysis
CDBG DR-MHP
As a result of the wildfires that affected California in 2018, the Federal Emergency Management Agency declared a presidentially declared disaster in five counties, including Shasta County, for the Carr Fire. In recognition of the unmet recovery needs, the U.S. Department of Housing and Urban Development allocated CDBG DR funds to HCD to serve as the lead and responsible agency to administer the CDBG DR funds.
HCD undertook an extensive needs assessment to determine the specific priorities of the affected counties including community outreach and analysis that resulted in four CDBG DR Program categories: housing, infrastructure, economic revitalization, and planning. The majority of funds are allocated to housing recovery to address the unmet rental housing needs in affected counties.
To meet the unmet rental housing needs, HCD created the CDBG DR-MHP. The City was allocated $16,660,145.58 to support the development of multifamily projects that include apartment complexes and mixed-use developments.
In February 2021, the Council adopted a resolution authorizing the allocation of the CDBG DRMHP; authorized the City Manager to execute HCD’s Master Standard Agreement (completed May 2021); and directed staff to issue a Request for Proposals (RFP) that provided developers an opportunity to submit multifamily project proposals that consisted of more than eight units. In September 2021, staff issued the RFP – to date, the Housing Division has received seven submittals. The first four multifamily project requests were approved by the Council on March 15, 2022.
IIG
On January 21, 2020, the Council adopted Resolution No. 2020-002 authorizing staff to jointly submit with Central California Housing Corporation, an IIG Program application to HCD to assist with the funding of infrastructure for the project. On June 26, 2020, HCD awarded the developer and the City $1,989,650 of IIG Small Jurisdiction funds to go toward the project. The standard agreement for the funds has been executed and the corresponding disbursement agreement has been circulated for signatures. The developer and the City have agreed that the City would receive the IIG funds, and then loan the grant funds to the developer to perform work on the project with the terms and conditions specified below.
Lowden Lane Senior Apartments
Location: 2775 Lowden Lane
# of Units: 61 (60 income-qualifying units plus one manager’s unit) Unit Mix: 53 – one bedroom; eight – two bedrooms;
Limited Partnership: Redding Lowden Lane, LP
City CDBG DR-MHP Loan Amount, Terms and Conditions:
Under the proposed DA, the City’s Loan would be a residual receipts loan in an amount not-toexceed $5.5 million at one percent interest for a 55-year term. Repayment of the loan is contingent upon the ability of the project to generate residual receipts; that is, revenue in excess of approved operating expenses. At the end of the 55-year term, any principal and interest balance will be due and payable to the City.
Packet Pg. 516
Report to Redding City Council May 12, 2022
Re: 9.2(b)--Development Agreement for Lowden Lane Senior Apartments Page 3 City IIG Loan Amount, Terms and Conditions: The City’s $1,989,650 IIG loan would be zero percent interest for a 55-year term. At the end of the loan term, any principal would be due and payable to the City.
Total Estimated Project Costs: $34.8 million
Project Status: The developer is in the process of closing its financing which is projected to be completed by the end of May 2022, construction would start in June 2022 and final occupancy is slated for June 2024.
Should the Council approve the project, CDBG DR-MHP and IIG funds in the amount of $5,500,000 and $1,989,655 respectively would collaboratively leverage total funding in the amount of $27,388,281 to create 60 income-qualifying units and one market-rate unit within our community.
Additional requests of CDBG DR-MHP funding for income-qualifying housing projects will be submitted to the Council for approval in the coming months. All CDBG DR-MHP projects must be submitted to HCD for final approval no later than December 31, 2022.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development- “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Lowden Lane DA
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Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 519
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Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) intended for speculation in land holding.
It is contemplated by the parties that all activities undertaken by Developer will be in accordance with this Agreement. All attachments and exhibits are hereby incorporated into this Agreement by reference.
2.2 Scope of Work. It is contemplated by the parties that the Developer will construct an affordable rental housing development consisting of 61-unit affordable rental housing development consisting of 53 one-bedrooms, 8 two-bedrooms and no three-bedroom units, including one manager's unit along with common areas and infrastructure to support the housing development. The specific scope of work to be carried out by the Developer under this Agreement is more particularly described in this Agreement, the Scope of Development and the Project Final Plans.
2.3 Term. This Agreement shall commence as of the Effective Date and proceed as required by the Agreement and the Schedule of Performance, and, except for any deed restrictions, covenants running with the land, deed of trust or promissory note, or other agreements or provisions which by their terms survive the term of the Agreement, shall terminate upon the completion of all of the following:
a) Completion of the construction of the Project m accordance with the Agreement and Project Specifications;
b) Fulfillment by the parties of their obligations under this Agreement.
3. PROJECT FINANCING.
3.1 City Assistance. The City Assistance shall consist of the following:
3.1.1 City Loan-CD BG DR-MHP. In order to effectuate the completion of the Project on the Property by the Developer, the City shall provide a loan in an amount not to exceed Five million five hundred thousand ($5,500,000) pursuant to the terms and conditions described in subsection 3.2., 15.27 and this Agreement (the "City Loan") for the construction of affordable housing and any necessary infrastructure improvements for development of the Project. The City Loan shall be funded with CDBG DR-MHP funds or any other funds deemed necessary to fulfill the City's obligation under this Agreement.
3.1.2 City Loan - IIG. In addition to the loan provided in 3.1.1, theCity shall provide a loan not to exceedOne million nine hundred eighty-nine thousand six hundred fifty ($1,989,650)for infrastructure improvements stipulated under the IIG LoanAgreement, Exhibit 3C.
3.1.3 Hereafter, the City Loan CDBG DR-MHP and City Loan - IIG shall collectively be referred to as "City Loan or City Loans(s)".
3.2 City Loan Term(s). The City Loan shall each be loaned pursuant to the terms and conditions described in this Agreement.
3.2.1 Terms and Conditions. The City Loan(s) shall be evidenced by the City Loan Promissory Note(s) in favor of City for the full amount of the City Loan(s). All payments of principal and interest on the City Loan will be residual receipts in nature as described in the City Loan Promissory Note(s). The term of the City Loan(s) and interest accrual shall commence upon the date of the City Loan Promissory Note(s) and mature as indicated in the respective promissory note.
Development Agreement Between
City of Redding and Redding Lowden Lane, LP
Packet Pg. 524 Attachment: Lowden Lane DA (9.2(b)--Development Agreement for Lowden Lane Senior Apartments) Packet Pg. 525
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CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept Redding Electric Utility’s Fiscal Year 2021-22 Third Quarter Financial Report and Industry Activities Update.
Fiscal Impact
There is no fiscal impact related to accepting this report.
Alternative Action
The City Council (Council) could choose not to accept the report and provide further direction to staff.
Background/Analysis
Attached for review and information purposes is Redding Electric Utility’s (REU) financial report for the third quarter. The report provides year-to-date comparisons to the current budget and the same year-to-date results for the prior year.
This financial report contains unaudited results through March 31, 2022. Operating revenues are reported as billed. Costs for energy, other operating expenses, and capital outlay are recorded when paid. Debt service will be paid twice this year (in December and June). For this report, debt payments are spread evenly over the year, which allows for a more helpful picture of the financial results throughout the year. These recorded results are preliminary and subject to revision until the final audit is complete.
Projections are based on normal weather trends and known industry activity. If actual weather conditions are above or below average for the month or unexpected industry disruption occurs, revenue and expenses will increase or decrease accordingly. REU’s residential and small MEETING DATE: May 17, 2022
ITEM NO. 9.5(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.5(c)--Consider Redding Electric Utility's Quarterly Financial Report and Industry Activities Update.
Nick Zettel, Interim Director
of Redding Electric Utility
Packet Pg. 725
Report to Redding City Council May 9, 2022
Re: 9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter Page 2 commercial rate structures are heavily weighted on volumetric charges ($/kWh), and abnormal weather causes more significant variances in Net Operating Results, emphasizing the difference between the rate structure and cost structure.
The March year-to-date quarterly Financial Report shows REU performed better than expected primarily due to savings in System O&M. The cash reserve balance is within the City Council’s Financial Management Policy.
Staff will present an updated five-year financial plan, and highlight structural changes from the five-year financial plan the Council approved in 2021 as part of the biennial budget process.
Revenue
Billed retail revenue was $2,901,055 (3.1 percent) above the projection through March. Total wholesale sales for the period were $11,529,414 (110.4 percent) above projections. Overall, operating revenue came in $13,278,305 (12.2 percent) above forecasts. On balance, operating revenue after energy costs was $1,011,106 (1.9 percent) above expectations. The primary driver for increased wholesale sales was sales into the California Independent Systems Operator (CAISO) and participation in the Energy Imbalance Market (EIM).
Expenses
Power Cost (Cost of Energy)
The combined costs for generation, purchases from the Western Area Power Administration (WAPA), Big Horn Wind Project, contracts, and the spot market were $12,267,199 (21.6 percent) above budget projections through the third quarter. The actual cost of Redding Power Plant (RPP) generation was higher than forecast due to an increase in load, the ongoing drought’s impact on hydro deliveries, price of natural gas, and the inclusion of gas purchases for wholesale energy sales. Total Cost of Energy increased by $8,005,135 (13.1 percent) from the previous fiscal year.
System Operations & Maintenance (O&M)
System O&M costs through the third quarter were $3,561,917 (13.5 percent) below projections.
Approximately 50 percent of these savings are attributable to employee vacancies. Other factors are the timing of expenditures and delays in professional services engagements.
Net Operating Results
Recorded data through the third quarter shows positive net financial results before debt service and capital outlay of $17,913,595; these results are $5,038,760 better than budget projections, primarily due to System O&M savings.
Debt Service and Capital Outlay
Debt service payments and obligations through the third quarter totaled $9.6 million. Capital Expenditures through the third quarter totaled $11.3 million (40.9 percent spent). It should be noted that Capital encumbrances total approximately $8.1 million (projects in progress), which is included in REU’s remaining capital budget of $16.3 million.
Packet Pg. 726
Report to Redding City Council May 9, 2022
Re: 9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter Page 3 Special Fund Expenditures
Special Fund Expenditures include Public Benefit and Cap-and-Trade Programs, totaling $5,895,484 (33.6 percent spent) through the third quarter. Nearly all of the remaining Special Fund budget has been allocated to Council-approved programs and initiatives.
Electric Utility Unrestricted Cash Balance
At the end of the third quarter, the unrestricted cash balance was $52.9 million and represented approximately 136 days of cash on hand. Funding for unencumbered capital projects totaling roughly $8 million is included in the unrestricted cash balance and represents approximately 20 days of cash on hand. The City Council Financial Management Policy has a goal of 150 days of cash on hand – 75 days for Operating Costs (i.e., higher energy costs), 30 days for System Critical Failure (i.e., wildfire), and 45 days for Rate Stabilization.
Director’s Contingency Fund
The REU Director’s Contingency Fund was not utilized through the third quarter.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
c: Allyn F. Clark, Finance Director
Attachments
^Attachment 1 - Notes on Financial Operating Statement
^Attachment 2 - Electric Utility Financial Results for Mar 2022 ^Attachment 3 - Electric Utility Financial Dashboard for Mar 2022 ^Attachment 4 - Electric Utility Unrestricted Cash Balance Mar 2022 ^Attachment 5 - Industry Update
Packet Pg. 727
City of Redding Electric Utility
Quarterly Financial Report
Notes on Financial Operating Statement
Operating revenues are divided into three revenue elements: Retail Sales are sales of electricity to end-use customers; Wholesale Sales are to customers who resell electricity; Other Revenue includes the sale of services, joint-pole arrangements, interest income, and other miscellaneous revenue generated in the operations of Redding Electric Utility (REU).
Operating Expenses are divided into two expense elements: Power Cost (Cost of Energy) and System Operation & Maintenance (O&M). Cost of Energy summarizes Purchased Power costs.
The main sources of purchased power REU uses include Western Area Power Administration deliveries, as well as long-term contracts for Wind Energy through M-S-R. Fuel expenses and purchases from the spot market along with expenses associated with participation in the California Independent System Operator make up the remainder. The Generation and Transmission component comprises power plant variable costs (fuel) and fixed costs (all non-fuel costs), as well as all JPA costs (M-S-R and TANC), except Wind Energy.
The budgets for Wholesale Sales and Power Costs are based on known contracts and confirmed resources. Throughout the year, effort is made to provide the most efficient source of energy for our ratepayers. This is often done by buying and selling natural gas or electricity to reduce the overall cost. This could include selling natural gas and replacing it with electricity that is less expensive than burning the gas in our own power plant. It could also include selling energy that we have contracted for at one trading hub and buying it at another trading hub that is less expensive. It could also include maximizing the value of our gas storage facility to buy natural gas in one month when it is less expensive and use it or sell it in another month. All these types of transactions have net benefits to our customers, but greatly inflate the Wholesale Sales and Cost of Energy numbers in excess of their original budgets. This is because accounting rules require us to record these transactions at their gross revenue and expense amounts and not on the net benefit to the Utility.
System O&M Expenses summarizes costs for all other functional groups, i.e. Administration, Customer Services, Engineering, Financial Services, Line, Compliance, and Resources.
Special Revenue funds, i.e. Public Benefits and Cap-and-Trade, are shown separately.
Debt Service is paid twice per fiscal year, once in December and again in June.
Capital Outlay includes current-year appropriations as well as unfinished projects approved by the Council in prior years.
Attachment 1
Packet Pg. 728 Attachment: ^Attachment 1 - Notes on Financial Operating Statement (9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter) ELECTRIC UTILITY FINANCIAL RESULTS ‐ MARCH 31, 2022
YTD‐Actual YTD‐Budget Variance Variance YTD‐Actual
March March % Value March
Item FY2022 FY2022 FY2022 FY2022 FY2021
Energy
System Load (MWh) 578,968 557,727 3.8% 21,241 589,222 Operating Revenues
Retail Sales 96,314,055 93,413,000 3.1% 2,901,055 96,205,365 Wholesale Sales 21,968,540 10,439,127 110.4% 11,529,414 18,590,609 Miscellaneous Income 4,068,699 ‐ 5,220,862 22.1% (1,152,163) 3,389,035 Total Operating Revenues 122,351,294 109,072,989 12.2% 13,278,305 118,185,009 Operating Expenses
Power Cost
Purchased Power 19,115,757 13,223,779 44.6% 5,891,978 19,524,447 Generation, Transmission and JPA (Variable) 26,123,880 19,241,837 35.8% 6,882,043 21,770,293 Generation A&G and O&M (Fixed) 23,924,095 ‐ 24,430,917 2.1% (506,821) 19,863,857 Subtotal Power Cost 69,163,732 56,896,532 21.6% 12,267,199 61,158,597 System O&M
General & Administrative 5,359,965 ‐ 5,453,573 1.7% (93,608) 3,796,546 Payment in Lieu of Tax 4,098,000 4,098,000 0.0% 0 4,573,193 Transmission & Distribution 19,097,178 ‐ 21,917,807 12.9% (2,820,628) 15,542,134 Customer & Field Services 6,718,824 ‐ 7,832,242 14.2% (1,113,418) 6,217,673 Subtotal System O&M 35,273,968 ‐ 39,301,622 10.2% (4,027,654) 30,129,545 Total Operating Expenses 104,437,699 $ $ 96,198,154 8.6% 8,239,545 $ $ 91,288,141 Net Operating Revenue 17,913,595 $ $ 12,874,835 39.1% 5,038,760 $ $ 26,896,867 Total Debt Service 9,589,178 $ $ ‐ 9,589,178 $ ‐ $ $ 9,585,240 YTD‐Actual Budget % of Budget Budget YTD‐Actual
March Annual Spent Remaining March
Item FY2022 FY2022 FY2022 FY2022 FY2021
Capital Outlay
Capital Outlay (Revenue Funded) 11,306,682 27,615,700 40.9% 16,309,018 5,337,602 Capital Outlay (Bond Funded)
Total Capital Outlay 11,306,682 $ $ 27,615,700 40.9% 16,309,018 $ $ 5,337,602 Special Fund Expenditures
Public Benefit Programs 2,943,061 6,714,040 43.8% 3,770,979 4,233,652 Cap‐and‐Trade Programs 2,952,424 10,849,840 27.2% 7,897,416 4,549,514 Total Special Fund Expenditures 5,895,484 $ $ 17,563,880 33.6% 11,668,396 $ $ 8,783,165 Financial Results (8,877,749) $ $ 3,190,860
Council Report
Packet Pg. 729 Attachment: ^Attachment 2 - Electric Utility Financial Results for Mar 2022 (9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter) ELECTRIC UTILITY FINANCIAL DASHBOARD ‐ MARCH 31, 2022 2.0 3.03.33.6 3.2 3.3 3.0 1.92.9 ‐
2 4
6 8
10 12
14 16
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
$‐Millions
Retail Sales ($‐Millions)
Cummulative Difference 2021 Actual 2022 Actual 2022 Budget ‐0.3
0.7 1.9
1.1 3.6
3.7 5.6
7.6 8.2
(2)
‐
2 4
6 8
10 12
14 16
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
$‐Millions
Operating Expense ($‐Millions)
Cummulative Difference 2021 Actual 2022 Actual 2022 Budget Packet Pg. 730 Attachment: ^Attachment 3 - Electric Utility Financial Dashboard for Mar 2022 (9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter) Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Unrestricted Cash - 2021-22 52.0 57.6 58.4 59.1 54.0 54.7 53.2 52.7 52.9Unrestricted Cash - 2020-21 66.3 66.0 68.3 69.0 65.1 64.1 54.2 53.2 52.6 51.2 46.7 52.6
45.050.055.060.065.070.075.0
MILLION $
REU UNRESTRICTED CASH BALANCE
JULY 2020 ‐ JUNE 2022
Packet Pg. 731
Attachment: ^Attachment 4 - Electric Utility Unrestricted Cash Balance Mar 2022 (9.5(c)--Electric Utility's City of Redding Electric Utility
Industry Activities Update – April 2022
Federal Legislation Update
The Department of Agriculture and the U.S. Forest Service (USFS) announced a comprehensive plan called “Confronting the Wildfire Crisis: A Strategy for Protecting Communities and Improving Resiliency in America’s Forest” to reduce wildfire risk across the West. 50 Billion dollars will target 50 million acres in 11 western states. The first $3 Billion was approved in the Bipartisan Infrastructure bill.
NCPA members closely monitor the new EPA draft white paper on future emission limits of newly built and running natural gas plants. This could have some significant impacts on how and long REU will be able to operate the Power Plant on Clear creek road.
State Legislative Update
On the heels of a 30% increase in the Transmission Access Charge (TAC) for 2022, CAISO released an analysis in early February that calls for more than $30 Billion in transmission upgrades over the next 20 years to support efforts to decarbonize California’s power grid. It will be a daunting endeavor to procure 120 gigawatts of generating capacity needed for the decarbonization goals.
With the pandemic in the rear-view mirror, most State legislators’ attention in the electricity sector focuses on electrification, affordability, resilience, and reliability. More than six dozen bills were introduced targeting one or more of the above subjects. The Governor’s budget is still being worked upon, but we will have a better idea of what and where his focus of spending desires in the next few weeks.
State Regulatory Update
The State has been busy updating two foundational plans that frame its strategy for addressing climate change. These include the Climate Change Scoping Plan, which focuses on greenhouse gas emission targets, and the Climate Adaption Strategy, which concentrates on building climate resilience. Both plans guide State agencies in policy interpretation, regulatory development, and funding priorities.
Led by the California Air Resources Board, the Scoping Plan was first adopted in 2008 and is updated at least every five years. The 2022 update will have a planning horizon that looks to 2040 and will address greenhouse gas emission reductions and related health, environmental justice, social equity, and job creation objectives. The effort will assess California's progress towards reducing its GHG emissions to 40% below 1990 levels by 2030 and lay out a path to achieve carbon neutrality by mid-century. The plan update is expected to be finalized late this year.
Led by California’s Natural Resources Agency and the Governor’s Office of Planning and Research, the State recently launched its updated Climate Adaptation Strategy to “provide a more coordinated, integrated and cohesive approach to protecting communities and natural places from climate impacts of climate change.” First adopted in 2009 and updated at least every three years, the Climate Adaption Strategy focuses on protecting health and safety and reducing economic risks. Priorities include building resilience from wildfire, drought, and extreme heat.
Packet Pg. 732 Attachment: ^Attachment 5 - Industry Update (9.5(c)--Electric Utility's Quarterly Report - 3rd Quarter)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the General Fund Quarterly Financial Report for the quarter ended March 31, 2022.
Alternative Action
The City Council (Council) could choose to reject the report and request additional or different information.
Background/Analysis
Attached for review and information purposes is the Quarterly Financial Report for the quarter ended March 31, 2022. The report, which only pertains to the City of Redding’s (City) General Fund, is divided into four sections. Section One compares revenue received to-date to budgeted figures. Section Two provides the Council with a summary of all General Fund revenues received for the month of March, as well as a summary of all revenues received year-to-date.
This section also compares (1) actual revenues through March 2022 to projected revenues through March 2022, and (2) actual revenues received to-date to the cash flow estimates developed by staff. Section Three summarizes expenditures by division for the month of March, as well as expenditures year-to-date. Section Three also compares (1) actual monthly expenditures to projected monthly expenditures, and (2) actual expenditures to-date to the cash flow estimates developed by staff. Section Four compares actual expenditures to the budget as amended.
Revenue
Total revenue to-date is $69.3 million, or $6,093,271 (9.6 percent) above staff’s cash flow projection. Through March, sales tax, property tax, transient occupancy tax, in-lieu property tax, and revenue from other sources have all performed as expected or better. At the Council meeting on March 15, 2022, the Council approved modification of the targeted revenues for sales tax and MEETING DATE: May 17, 2022
ITEM NO. 9.10(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.10(a)--Consider the City of Redding General Fund Quarterly Financial Report for the quarter ended March 2022
Greg Robinett, Finance
Officer
Packet Pg. 733
Report to Redding City Council May 10, 2022
Re: 9.10(a)--General Fund Financial Report for quarter ended March 2022 Page 2 transient occupancy tax. Due to the nature of the reporting period, these adjustments were not included in the above analysis. If these adjustments were included, actual revenues would have been $2,006,521 (3.2 percent) above staff’s cash flow projection.
Property Tax revenue, year-to-date, totals $13,915,331 or $265,609 (1.9 percent) above staff’s cash flow projection of $13,649,722. Staff is not recommending any changes at this time to property tax.
Sales tax revenue, year-to-date, totals $24,447,406 or $2,287,167 (10.3 percent) above staff’s cash flow projection of $22,160,239. Staff is not recommending any changes at this time to projected sales tax revenue. If the March 15, 2022, Council-approved adjustments were included, actual revenues would have been $418,833 (1.7 percent) below staff’s updated cash flow projection.
Transient Occupancy Tax revenue, year-to-date, totals $6,252,592 or $2,249,357 (56.1 percent) above staff’s cash flow projection of $4,003,235. Staff is not recommending a change at this time to Transient Occupancy Tax. If the March 15, 2022, Council-approved adjustment were included, actual revenues would have been $868,607 (16.1 percent) above staff’s updated cash flow projection.
All other tax revenues’ year-to-date totals are $3,574,901 or $555,773 (18.4 percent) above staff’s cash flow projection of $3,019,128. The other tax revenues include franchise fees, business licenses, real property transfer tax, and cannabis tax. Staff is not recommending any additional changes at this time to all other tax revenues.
Revenues from the Internal Departments year-to-date totals $9,999,908 which is $20 above staff’s cash flow projection of $9,999,888. Revenues from the Internal Departments include fixed reimbursements for the Cost Allocation Plan, Public Works Administration, NDPES, and In-lieu payments from Redding Electric Utility and the Airport funds. Staff is not recommending any changes at this time to all other tax revenues.
Licenses and permit revenues, year-to-date, totals $1,838,188 or $178,012 (10.7 percent) above staff’s cash flow projection of $1,660,176. Staff is not recommending any changes at this time to all other tax revenues.
Fines and Penalties revenues, year-to-date, totals $781,797 which is $157,366 above staff’s cash flow projection of $624,431. This includes an adjustment made for uncollectable fines and penalties as estimated by staff through March 2022. Staff is not recommending any changes at this time to all other tax revenues.
Revenues from Other Governmental Agencies, year-to-date, totals $1,447,188 which is $1,717,296 (54.3 percent) below staff’s cash flow projection of $3,164,484. This is primarily due to the timing of completion of various capital projects. Staff is not recommending any changes at this time to all other governmental revenues.
Charges for current services, year-to-date, totals $4,673,076 which is $2,330,358 above staff’s cash flow projection of $2,342,718. Staff is not recommending any changes at this time to charges for current services.
All remaining revenue, year-to-date, totals $2,387,782 or $213,095 (8.2 percent) below staff’s Packet Pg. 734
Report to Redding City Council May 10, 2022
Re: 9.10(a)--General Fund Financial Report for quarter ended March 2022 Page 3 cash flow projection of $2,600,877. Staff is not recommending any changes at this time for other revenue projections.
Expenditures
Expenditures through March 2022 (excluding encumbrances) total $71,859,699 or $7,795,112 (9.8 percent) below staff’s projection. Encumbrances at month-end total $8,952,877.
The City of Redding General Fund budgets for overtime expenses throughout various City Departments. The overtime expenditures, through the quarter ending March 2022, total $5,626,267 or $2,715,480 over staff projections.
• Police Overtime is $1,411,641 or $306,891 above staff projection • Fire Overtime is $4,077,594 or $2,336,544 above staff projection • Community Services Overtime is $60,750 or $55,500 above staff projection • Public Works Overtime is $57,447 or $4,947 above staff projection • All Other Overtime is $18,835 or $11,598 above staff projection Although all of these expenses are over budget there are no additional budget amendments necessary at this time. Each department is projected to have adequate savings in other personnel budget items, additional cross charges to other City departments, and unbudgeted revenues that cover costs incurred.
Reserves
As of March 31, 2022, the General Fund Cash Balance was $16,976,742 or 15.6 percent. At year end, the ten-year plan projects the reserve to be 15.2 percent. This could change depending upon the final revenue and expenditure performance. Typically, the reserve amendment is performed after the completion of the annual audit. Staff is not recommending any changes to the projected reserves at this time.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balance and stable 10-year Financial Plans for all funds.”
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Attachments
^Quarterly Report March 2022
Packet Pg. 735
Quarterly Report
APPENDIX A
COMPARATIVE SUMMARY OF GENERAL FUND REVENUES AND
EXPENDITURES
For the Period
July 2021 through March 2022
Packet Pg. 736 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Cash Flow
Estimate Actual Actual Actual Estimate Actual Actual Actual Revenue FYE 2022 FYE 2022 FYE 2021 FYE 2020 FYE 2022 FYE 2021 FYE 2020 FYE 2019 Sales tax $22,160,239 $24,447,406 $22,200,305 $20,705,419 $28,374,570 $30,189,084 $25,859,713 $25,319,127Property tax 13,649,722 13,915,331 13,116,084 12,154,490 23,961,450 22,820,856 21,182,617 19,949,318Transient Occupancy Tax 4,003,235 6,252,592 4,230,524 4,605,691 5,399,530 5,915,535 5,352,432 6,837,195Internal Departments 9,999,888 9,999,908 9,306,878 8,653,245 12,992,510 13,090,570 11,537,660 12,295,180Revenue from Other Governments 3,164,484 1,447,188 2,060,937 3,174,021 4,581,750 2,929,851 4,309,727 2,495,001Other 10,247,330 13,255,744 11,010,489 13,283,116 13,913,980 14,679,657 16,362,005 12,779,277Total Revenue $63,224,898 $69,318,169 $61,925,217 $62,575,982 $89,223,790 $89,625,553 $84,604,154 $79,675,098 The above revenue chart excludes transfers
Cash Flow
Estimate Actual Actual Actual Budgeted Actual Actual Actual Expenditures FYE 2022 FYE 2022 FYE 2021 FYE 2020 FYE 2022* FYE 2021 FYE 2020 FYE 2019Police $30,077,242 $28,756,537 $25,212,310 $23,579,046 $40,714,150 $35,049,109 $31,641,369 $30,416,588Fire 17,623,820 19,463,711 20,662,519 16,804,192 24,292,350 28,526,091 21,774,444 21,701,221Public Works 11,479,917 6,335,943 4,851,817 5,485,363 18,835,787 7,221,574 6,889,613 6,944,744Development Services 4,826,234 3,843,482 3,746,516 3,332,501 6,885,370 5,319,892 4,556,208 4,370,305Community Services 6,915,056 4,698,787 3,958,102 4,037,590 9,680,285 5,936,020 5,550,231 5,343,197Other 8,732,542 8,761,239 8,552,280 7,872,297 13,375,910 10,132,220 9,533,422 9,868,543Total Expenditures $79,654,811 $71,859,699 $66,983,544 $61,110,989 $113,783,852 $92,184,906 $79,945,287 $78,644,598*Includes carryover amount of $10,719,342 from prior year's budget.
July through March Amounts Total For Fiscal Year
Comparison of General Fund Revenues and Expenditures (Budgetary Basis) Report for the Period July through March, 2022
REVENUE COMPARISON
July through March Amounts Total For Fiscal Year
EXPENDITURE COMPARISON
Packet Pg. 737
Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended $0
$5,000
$10,000$15,000$20,000$25,000$30,000
Sales Tax Property Tax TOT Other Gov. Internal Other
General Fund Revenues Through March 2022
(In Thousands)
BudgetActualPrior Year
Packet Pg. 738
Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended $0
$5,000
$10,000$15,000$20,000$25,000$30,000$35,000
Police Fire Public Works Development Services Community Services Other Expenditures General Fund Expenditures Through March 2022
(In Thousands)
BudgetActualPrior Year
Packet Pg. 739
Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended Section One
Actual Revenues Compared to Cash Flow Estimates
Packet Pg. 740 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) RVR213A CITY OF REDDING 11:16:05 4/06/2022
Finance Department MONTH OF MAR. 2022
COMPARATIVE SUMMARY OF ACTUAL REVENUES
GENERAL FUNDS
----------------- Current Month ------------------ ------------------ Year to Date ------------------ Monthly Over YTD Over ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Projection Actual (Under) % Projection Actual (Under) %
GENERAL FUNDTAXES
Property Taxes 6,935 - (6,935) 0.0 13,649,722 13,915,331 265,609 101.9Sales Tax-Nondedicated 2,071,696 2,547,836 476,140 122.9 22,160,239 24,447,406 2,287,167 110.3Transient Occupancy Tax 378,422 578,108 199,686 152.7 4,003,235 6,252,592 2,249,357 156.1Viacom Cablevision - - - - 684,270 664,305 (19,965) 97.0Pacific Gas & Electric Co. - 28,007 28,007 - - 28,007 28,007 -Business License Tax 72,916 88,439 15,523 121.2 656,244 703,472 47,228 107.1Real Property Transfer Tax 29,166 30,442 1,276 104.3 262,494 452,480 189,986 172.3Commercial Cultivation Cannabis - - - - 103,620 122,540 18,920 118.2Retail Cannabis Business Tax - - - - 1,312,500 1,601,074 288,574 121.9Other Commercial Cannabis Business Tax - - - * - 3,023 3,023 * ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Taxes 2,559,135 3,272,832 713,697 127.8 42,832,324 48,190,230 5,357,906 112.5 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ LICENSES AND PERMITSAnimal Licenses 3,333 6,224 2,891 186.7 29,997 35,028 5,031 116.7Building Permits 131,410 248,385 116,975 189.0 1,182,690 1,143,604 (39,086) 96.6Engineering Encroachment Permit 7,500 3,481 (4,019) 46.4 67,500 184,732 117,232 273.6Electical Permits 15,931 41,379 25,448 259.7 143,379 199,485 56,106 139.1Transportation Permit 775 1,912 1,137 246.7 6,975 6,207 (768) 88.9Plumbing Permits 8,866 21,447 12,581 241.9 79,794 78,270 (1,524) 98.0Mechanical Permit 15,816 30,639 14,823 193.7 142,344 174,447 32,103 122.5Engineering Grading Permits 833 - (833) 0.0 7,497 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ 16,415 8,918 218.9 Total Licenses and Permits 184,464 353,467 169,003 191.6 1,660,176 1,838,188 178,012 110.7 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ FINES, FORFEITS, AND PENALTIES Traffic Safety Fines 46,563 81,016 34,453 173.9 548,156 697,238 149,082 127.1Code Enforcement Fines 12,166 19,111 6,945 157.0 109,494 686,339 576,845 626.8Other Fines & Fees 4,416 15,000 10,584 339.6 39,744 71,713 31,969 180.4Cannabis Delinquency Penalty - - - * - 9,649 9,649 * ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Fines, Forfeits & Penalties 63,145 115,127 51,982 182.3 697,394 1,464,939 767,545 210.0 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ REVENUE FROM INTERNAL DEPARTMENTSFixed Reimbursements 410,879 410,880 1 100.0 3,697,911 3,697,920 9 100.0Fixed Reimbursement Public Works Admin 74,240 74,240 - 100.0 668,160 668,160 - 100.0Fixed Reimbursement NDPES 37,497 37,498 1 100.0 337,473 337,478 5 100.0In-lieu Payment from 821--Muni Airport 19,583 19,583 - 100.0 176,247 176,250 3 100.0In-Lieu Payment from Division 854-Electric 455,333 455,333 - 100.0 4,097,997 4,098,000 3 100.0advances from internal department - - - - 1,022,100 1,022,100 - 100.0 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Revenue from Internal Departments 997,532 997,534 2 100.0 9,999,888 9,999,908 20 100.0 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ * Unbudgeted revenue 1 Packet Pg. 741
Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended RVR213A CITY OF REDDING 11:16:05 4/06/2022
Finance Department MONTH OF MAR. 2022
COMPARATIVE SUMMARY OF ACTUAL REVENUES
GENERAL FUNDS
(continued)
----------------- Current Month ------------------ ------------------ Year to Date ------------------ Monthly Over YTD Over ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Projection Actual (Under) % Projection Actual (Under) %
GENERAL FUNDREVENUE FROM OTHER GOVERMENTAL AGENCIES
State Grant Operating for General Gov't 108,122 - (108,122) 0.0 551,308 38,792 (512,516) 7.0Federal Grant-Operating-General Gov't 305,080 1,856 (303,224) .6 1,443,882 275,366 (1,168,516) 19.0Shasta County Grant - Operating - Police 51,624 27,510 (24,114) 53.2 447,236 144,335 (302,901) 32.2SHASTA CO OPERATING REIMB-POLICE 6,000 - (6,000) 0.0 42,000 21,790 (20,210) 51.8State Reimbursement - - - * - 1,253 1,253 *STATE LEGISLATIVE REVENUE OPERATING-POLICE 7,277 8,427 1,150 115.8 65,493 78,188 12,695 119.3Reimbursement of Mandated Costs 4,750 51 (4,699) 1.0 42,750 58,499 15,749 136.8POST Grant - Operating - Police 4,750 4,120 (630) 86.7 42,750 67,759 25,009 158.5Home Owner Property Tax Relief 12,750 - (12,750) 0.0 114,750 72,516 (42,234) 63.1Motor Vehicle In-Lieu Tax - - - - 45,000 105,954 60,954 235.4School District Contrib-Operating-Police 22,327 7,367 (14,960) 32.9 200,943 382,098 181,155 190.1Redding Rancheria Payment 9,959 - (9,959) 0.0 89,631 89,632 1 100.0Contribution RABA - Operating - Police 2,083 2,083 - 100.0 18,747 18,750 3 100.0Buckeye Fire Service Dist-Operating-Fire - - - * - 5,000 5,000 *Buckeye Fire District - Capital - Fire 4,583 9,000 4,417 196.3 41,247 64,000 22,753 155.1SHASCOM - Payroll 2,083 14,630 12,547 702.3 18,747 23,256 4,509 124.0 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Revenue - Other Government Agencies 541,388 75,044 (466,344) 13.8 3,164,484 1,447,188 (1,717,296) 45.7 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ OTHER REVENUESLate Fees 141,666 119,743 (21,923) 84.5 1,274,994 1,015,356 (259,638) 79.6Contributions - Operating - General Gov't 235,820 600 (235,220) .2 316,570 113,154 (203,416) 35.7Developer Contributions 2,931 - (2,931) 0.0 13,274 22,074 8,800 166.2Compensation - Loss & Property Damage - 41 41 * - 311 311 *Miscellaneous Receipts 43,653 29,575 (14,078) 67.7 279,990 541,356 261,366 193.3Reimbursement 21,174 - (21,174) 0.0 190,566 288,962 98,396 151.6 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Other Revenues 445,244 149,959 (295,285) 33.6 2,075,394 1,981,213 (94,181) 95.4 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ CHARGES FOR CURRENT SERVICESPlanning Permits (Subdivisions) 36,872 36,086 (786) 97.8 331,848 438,884 107,036 132.2Building Plan - Record Fees 1,538 3,086 1,548 200.6 13,842 15,907 2,065 114.9Building Plan - Check Fees 46,120 139,267 93,147 301.9 415,080 559,056 143,976 134.6Fees for Outside Plan Checks 95 - (95) 0.0 855 25,565 24,710 990.0Plan Check Fees - Fire Department 6,250 18,862 12,612 301.7 56,250 75,483 19,233 134.1Engineering Land Development Fees 8,333 317,028 308,695 804.4 74,997 741,600 666,603 988.8Technology Surcharge 10,134 48,561 38,427 479.1 91,206 181,515 90,309 199.0Cannabis Application & Permit Fees 39,570 108,241 68,671 273.5 356,130 425,500 69,370 119.4Sale of Publications 7 7 - 100.0 63 107 44 169.8Animal Shelter Fees 583 249 (334) 42.7 5,247 4,202 (1,045) 80.0Inspection Fees 241 - (241) 0.0 2,169 3,087 918 142.3Fingerprint Fees 833 703 (130) 84.3 7,497 4,140 (3,357) 55.2 * Unbudgeted revenue
2 Packet Pg. 742
Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended RVR213A CITY OF REDDING 11:16:05 4/06/2022
Finance Department MONTH OF MAR. 2022
COMPARATIVE SUMMARY OF ACTUAL REVENUES
GENERAL FUNDS
(continued)
----------------- Current Month ------------------ ------------------ Year to Date ------------------ Monthly Over YTD Over ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Projection Actual (Under) % Projection Actual (Under) %
GENERAL FUNDCHARGES FOR CURRENT SERVICES
Fire Permits & Fees 24,166 9,101 (15,065) 37.6 217,494 33,510 (183,984) 15.4DUI - Emergency Response 6,149 9,300 3,151 151.2 55,341 58,227 2,886 105.2Swimming Pool Receipts 11,666 9,660 (2,006) 82.8 104,994 30,673 (74,321) 29.2RAC Swim Shop / Rental 2,833 - (2,833) 0.0 25,497 19 (25,478) 0.0RAC Admission 9,166 - (9,166) 0.0 82,494 2,554 (79,940) 3.0RAC Swim Team 916 - (916) 0.0 8,244 2,748 (5,496) 33.3Swimming Pool Concession 4,583 - (4,583) 0.0 41,247 3,271 (37,976) 7.9Other Charges & Fees 10,000 11,506 1,506 115.0 90,000 1,783,217 1,693,217 981.3Recreation Sports 40,247 57,350 17,103 142.4 362,223 283,811 (78,412) 78.3Bad Debt Writeoff (8,107) 263,041 271,148 244.6 (72,963) (683,142) (610,179) 936.2 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Charges for Current Services 252,195 1,032,048 779,853 409.2 2,269,755 3,989,934 1,720,179 175.7 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ REVENUE FROM THE USE OF MONEY & PROPERTYRental - Land or Facility 42,432 30,296 (12,136) 71.3 381,888 273,633 (108,255) 71.6SHASCOM Base Rent - Police Portion 6,122 2,870 (3,252) 46.8 55,098 77,283 22,185 140.2Investment Income 9,833 10,380 547 105.5 88,497 55,652 (32,845) 62.8Fiscal Agent Investment Income - - - * - 1 1 * ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total Revenue - Use of Money & Property 58,387 43,546 (14,841) 74.5 525,483 406,569 (118,914) 77.3 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ TOTAL GENERAL FUND 5,101,490 6,039,557 938,067 118.3 63,224,898 69,318,169 6,093,271 109.6 =========== =========== =========== ===== =========== =========== =========== ===== RVR213A 11:16:05 4/06/2022 3 Packet Pg. 743
Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended Section Two
Comparative Summary of Actual Revenues
Packet Pg. 744 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) RVR213B CITY OF REDDING 11:16:05 4/06/2022
Finance Department MONTH OF MAR. 2022
COMPARATIVE SUMMARY OF ACTUAL REVENUES
GENERAL FUNDS
------------------ Budget Year -------------------
Budget Over ___________ ___________ ___________ _____ As Amended Actual (Under) %
GENERAL FUNDTAXES
Property Taxes 23,961,450 13,915,331 (10,046,119) 58.0Sales Tax-Nondedicated 28,374,570 24,447,406 (3,927,164) 86.1Transient Occupancy Tax 5,399,530 6,252,592 853,062 115.7Viacom Cablevision 912,360 664,305 (248,055) 72.8Pacific Gas & Electric Co. 336,650 28,007 (308,643) 8.3Business License Tax 875,000 703,472 (171,528) 80.3Real Property Transfer Tax 350,000 452,480 102,480 129.2Commercial Cultivation Cannabis 138,160 122,540 (15,620) 88.6Retail Cannabis Business Tax 1,750,000 1,601,074 (148,926) 91.4Other Commercial Cannabis Business Tax - 3,023 3,023 * ___________ ___________ ___________ _____ Total Taxes 62,097,720 48,190,230 (13,907,490) 77.6 ___________ ___________ ___________ _____ LICENSES AND PERMITSAnimal Licenses 40,000 35,028 (4,972) 87.5Building Permits 1,576,920 1,143,604 (433,316) 72.5Engineering Encroachment Permit 90,000 184,732 94,732 205.2Electical Permits 191,180 199,485 8,305 104.3Transportation Permit 9,300 6,207 (3,093) 66.7Plumbing Permits 106,400 78,270 (28,130) 73.5Mechanical Permit 189,800 174,447 (15,353) 91.9Engineering Grading Permits 10,000 16,415 6,415 164.1 ___________ ___________ ___________ _____ Total Licenses and Permits 2,213,600 1,838,188 (375,412) 83.0 ___________ ___________ ___________ _____ FINES, FORFEITS, AND PENALTIESTraffic Safety Fines 687,860 697,238 9,378 101.3Code Enforcement Fines 146,000 686,339 540,339 470.0Other Fines & Fees 53,000 71,713 18,713 135.3Cannabis Delinquency Penalty - 9,649 9,649 * ___________ ___________ ___________ _____ Total Fines, Forfeits & Penalties 886,860 1,464,939 578,079 165.1 ___________ ___________ ___________ _____ REVENUE FROM INTERNAL DEPARTMENTSFixed Reimbursements 4,930,560 3,697,920 (1,232,640) 75.0Fixed Reimbursement Public Works Admin 890,880 668,160 (222,720) 75.0Fixed Reimbursement NDPES 449,970 337,478 (112,492) 75.0In-lieu Payment from 821--Muni Airport 235,000 176,250 (58,750) 75.0In-Lieu Payment from Division 854-Electric 5,464,000 4,098,000 (1,366,000) 75.0advances from internal department 1,022,100 1,022,100 - 100.0 ___________ ___________ ___________ _____ Total Revenue from Internal Departments 12,992,510 9,999,908 (2,992,602) 76.9 ___________ ___________ ___________ _____ * Unbudgeted revenue 1 Packet Pg. 745
Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended RVR213B CITY OF REDDING 11:16:05 4/06/2022
Finance Department MONTH OF MAR. 2022
COMPARATIVE SUMMARY OF ACTUAL REVENUES
GENERAL FUNDS
(continued)
------------------ Budget Year -------------------
Budget Over ___________ ___________ ___________ _____ As Amended Actual (Under) %
GENERAL FUNDREVENUE FROM OTHER GOVERMENTAL AGENCIES
State Grant Operating for General Gov't 875,690 38,792 (836,898) 4.4Federal Grant-Operating-General Gov't 2,152,170 275,366 (1,876,804) 12.7Shasta County Grant - Operating - Police 602,120 144,335 (457,785) 23.9SHASTA CO OPERATING REIMB-POLICE 60,000 21,790 (38,210) 36.3State Reimbursement - 1,253 1,253 *STATE LEGISLATIVE REVENUE OPERATING-POLICE 87,330 78,188 (9,142) 89.5Reimbursement of Mandated Costs 57,000 58,499 1,499 102.6POST Grant - Operating - Police 57,000 67,759 10,759 118.8Home Owner Property Tax Relief 153,000 72,516 (80,484) 47.3Motor Vehicle In-Lieu Tax 45,000 105,954 60,954 235.4School District Contrib-Operating-Police 267,930 382,098 114,168 142.6Redding Rancheria Payment 119,510 89,632 (29,878) 74.9Contribution RABA - Operating - Police 25,000 18,750 (6,250) 75.0Buckeye Fire Service Dist-Operating-Fire - 5,000 5,000 *Buckeye Fire District - Capital - Fire 55,000 64,000 9,000 116.3SHASCOM - Payroll 25,000 23,256 (1,744) 93.0 ___________ ___________ ___________ _____ Total Revenue - Other Government Agencies 4,581,750 1,447,188 (3,134,562) 31.5 ___________ ___________ ___________ _____ OTHER REVENUESLate Fees 1,700,000 1,015,356 (684,644) 59.7Contributions - Operating - General Gov't 340,060 113,154 (226,906) 33.2Developer Contributions 22,070 22,074 4 100.0Compensation - Loss & Property Damage - 311 311 *Miscellaneous Receipts 410,980 541,356 130,376 131.7Reimbursement 254,090 288,962 34,872 113.7 ___________ ___________ ___________ _____ Total Other Revenues 2,727,200 1,981,213 (745,987) 72.6 ___________ ___________ ___________ _____ CHARGES FOR CURRENT SERVICESPlanning Permits (Subdivisions) 442,470 438,884 (3,586) 99.1Building Plan - Record Fees 18,460 15,907 (2,553) 86.1Building Plan - Check Fees 553,450 559,056 5,606 101.0Fees for Outside Plan Checks 1,140 25,565 24,425 242.5Plan Check Fees - Fire Department 75,000 75,483 483 100.6Engineering Land Development Fees 100,000 741,600 641,600 741.6Technology Surcharge 121,610 181,515 59,905 149.2Cannabis Application & Permit Fees 474,850 425,500 (49,350) 89.6Sale of Publications 90 107 17 118.8Animal Shelter Fees 7,000 4,202 (2,798) 60.0Inspection Fees 2,900 3,087 187 106.4Fingerprint Fees 10,000 4,140 (5,860) 41.4 * Unbudgeted revenue
2 Packet Pg. 746
Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended RVR213B CITY OF REDDING 11:16:05 4/06/2022
Finance Department MONTH OF MAR. 2022
COMPARATIVE SUMMARY OF ACTUAL REVENUES
GENERAL FUNDS
(continued)
------------------ Budget Year -------------------
Budget Over ___________ ___________ ___________ _____ As Amended Actual (Under) %
GENERAL FUNDCHARGES FOR CURRENT SERVICES
Fire Permits & Fees 290,000 33,510 (256,490) 11.5DUI - Emergency Response 73,800 58,227 (15,573) 78.8Swimming Pool Receipts 140,000 30,673 (109,327) 21.9RAC Swim Shop / Rental 34,000 19 (33,981) 0.0RAC Admission 110,000 2,554 (107,446) 2.3RAC Swim Team 11,000 2,748 (8,252) 24.9Swimming Pool Concession 55,000 3,271 (51,729) 5.9Other Charges & Fees 120,000 1,783,217 1,663,217 486.0Recreation Sports 483,000 283,811 (199,189) 58.7Bad Debt Writeoff (97,300) (683,142) (585,842) 702.0 ___________ ___________ ___________ _____ Total Charges for Current Services 3,026,470 3,989,934 963,464 131.8 ___________ ___________ ___________ _____ REVENUE FROM THE USE OF MONEY & PROPERTYRental - Land or Facility 509,190 273,633 (235,557) 53.7SHASCOM Base Rent - Police Portion 73,480 77,283 3,803 105.1Investment Income 118,010 55,652 (62,358) 47.1Fiscal Agent Investment Income - 1 1 * ___________ ___________ ___________ _____ Total Revenue - Use of Money & Property 700,680 406,569 (294,111) 58.0 ___________ ___________ ___________ _____ TOTAL GENERAL FUND 89,226,790 69,318,169 (19,908,621) 77.6 =========== =========== =========== ===== RVR213B 11:16:05 4/06/2022 3 Packet Pg. 747
Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended Section Three
Actual Expenditures Compared to Cash Flow Estimates
Packet Pg. 748 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) EXR214 CITY OF REDDING 11:15:19 4/06/2022
Finance Department MONTH OF MAR. 2022
ACTUAL EXPENDITURES COMPARED TO CASH FLOW ESTIMATES PAGE 1 GENERAL FUND ----------------- Current Month ------------------ ------------------ Year to Date ------------------ Monthly Over YTD Over
___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Projection Actual (Under) % Projection Actual (Under) % CITY COUNCIL 12,916 14,849 1,933 114.9 119,738 125,364 5,626 104.6 CITY CLERK 107,507 76,513 (30,994) 71.1 669,344 654,975 (14,369) 97.8 CITY MANAGER 103,935 85,662 (18,273) 82.4 971,962 806,880 (165,082) 83.0 CITY TREASURER 55,412 51,919 (3,493) 93.6 513,475 492,314 (21,161) 95.8 CITY ATTORNEY 24,250 28,020 3,770 115.5 246,447 318,436 71,989 129.2 CODE ENFORCEMENT 68,627 60,507 (8,120) 88.1 634,115 458,086 (176,029) 72.2 FINANCE AND ACCOUNTING 114,797 136,348 21,551 118.7 1,144,715 1,241,228 96,513 108.4 NON DEPARTMENTAL 276,717 40,046 (236,671) 14.4 2,389,492 936,654 (1,452,838) 39.1 PURCHASING 49,066 48,974 (92) 99.8 453,908 420,646 (33,262) 92.6 PERSONNEL 43,328 46,939 3,611 108.3 406,737 467,021 60,284 114.8 PERMIT CENTER 57,956 59,991 2,035 103.5 540,005 590,094 50,089 109.2 BUILDING & CODE ENFORCEMENT 190,545 194,223 3,678 101.9 1,859,472 1,537,744 (321,728) 82.6 PLANNING 232,342 141,314 (91,028) 60.8 1,792,642 1,257,558 (535,084) 70.1 POLICE - ADMINISTRATION 247,447 231,783 (15,664) 93.6 2,608,359 2,358,761 (249,598) 90.4 POLICE - FIELD OPERATIONS 2,145,021 1,997,740 (147,281) 93.1 19,260,075 18,716,088 (543,987) 97.1 POLICE - INVESTIGATIONS 380,821 396,090 15,269 104.0 3,538,383 3,744,774 206,391 105.8 POLICE - SERVICES DIVISION 298,792 577,037 278,245 193.1 3,362,405 3,443,839 81,434 102.4 POLICE INFORMATION TECHNOLOGY STAFF (7,178) 3,622 10,800 50.4 (41,386) 17,259 58,645 41.7 POLICE GRANTS 503,766 111,995 (391,771) 22.2 1,349,406 475,816 (873,590) 35.2 ANIMAL REGULATION 73,519 73,089 (430) 99.4 661,671 660,870 (801) 99.8 FIRE - ADMINISTRATION 142,391 143,339 948 100.6 1,320,477 1,229,188 (91,289) 93.0 FIRE - SUPPRESSION 1,656,465 1,963,496 307,031 118.5 15,453,248 17,437,730 1,984,482 112.8 FIRE - PREVENTION 89,337 83,596 (5,741) 93.5 850,095 796,793 (53,302) 93.7 PUBLIC WORKS-ENGINEERING 84,122 48,497 (35,625) 57.6 972,670 888,397 (84,273) 91.3 ENGINEERING AND DESIGN 17,277 50,673 33,396 293.2 156,203 469,888 313,685 300.8 TRANSPORTATION/ENGINEERING (3,070) 3,561 6,631 115.9 (17,889) 58,809 76,698 328.7 STREETS-GENERAL AND ADMINISTRATIVE 369,702 274,909 (94,793) 74.3 3,260,586 2,754,778 (505,808) 84.4 STREETS-CONSTRUCTION CAPITAL OUTLAY 499,607 141,659 (357,948) 28.3 7,108,347 2,164,071 (4,944,276) 30.4 PARKS 447,180 363,373 (83,807) 81.2 4,562,961 2,881,742 (1,681,219) 63.1 RECREATION 206,379 119,126 (87,253) 57.7 1,918,259 1,316,205 (602,054) 68.6 COMMUNITY SERVICES ADMINISTRATIVE DIVISION 51,881 50,421 (1,460) 97.1 433,836 500,840 67,004 115.4 MIDTOWN MALL 1,114 288 (826) 25.8 13,626 2,696 (10,930) 19.7 GENERAL FUND DEBT SERVICE 213,778 1,707,686 1,493,908 798.8 1,141,427 2,634,155 1,492,728 230.7 ___________ ___________ ___________ _____ ___________ ___________ ___________ _____ Total - General Government 8,755,749 9,327,285 571,536 106.5 79,654,811 71,859,699 (7,795,112) 90.2 =========== =========== =========== ===== =========== =========== =========== ===== EXR214 11:15:19 4/06/2022
Packet Pg. 749 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Section Four
Actual Expenditures Compared to Budget
Packet Pg. 750 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) EXR58 CITY OF REDDING 11:15:42 4/06/22
Finance Department MONTH OF MAR. 2022
ACTUAL EXPENDITURES COMPARED TO BUDGET PAGE 1
GENERAL FUND
Budget Prior Year Current Year-to-Date Encumbrances Unencumbered % ______________ ______________ ______________ ______________ ______________ ______________ _________ As Amended Appropriations Expenditures Expenditures Outstanding Balance Obligated CITY COUNCIL 165,050.00 - 14,849.06 125,364.07 81.26 39,604.67 76.0 CITY CLERK 906,340.00 9,980.00 76,513.34 654,974.55 4,810.87 256,534.58 72.0 CITY MANAGER 1,352,010.00 8,420.00 85,661.91 806,880.21 1,431.57 552,118.22 59.4 CITY TREASURER 702,290.00 4,010.00 51,918.78 492,313.90 52.12 213,933.98 69.7 CITY ATTORNEY 356,180.00 5,420.00 28,020.42 318,435.61 23.65 43,140.74 88.0 CODE ENFORCEMENT 870,700.00 36,540.00 60,506.78 458,086.07 33.16 449,120.77 50.4 FINANCE AND ACCOUNTING 1,514,470.00 84,380.00 136,347.54 1,241,228.33 4,826.61 352,795.06 77.9 NON DEPARTMENTAL 3,397,770.00 120,360.00 40,046.36 936,653.70 410,076.65 2,171,399.65 38.2 PURCHASING 624,620.00 6,730.00 48,973.89 420,645.80 59.94 210,644.26 66.6 PERSONNEL 580,390.00 80.00 46,939.10 467,020.77 18,017.03 95,432.20 83.5 PERMIT CENTER 747,840.00 110.00 59,991.26 590,093.92 2,125.42 155,730.66 79.1 BUILDING & CODE ENFORCEMENT 2,414,120.00 123,160.00 194,223.03 1,537,744.48 57,407.21 942,128.31 62.8 PLANNING 2,534,700.00 158,200.00 141,313.97 1,257,558.32 549,723.87 885,617.81 67.1 POLICE-ADMINISTRATION 3,155,030.00 158,410.00 231,783.12 2,358,761.33 141,082.45 813,596.22 75.4 POLICE-FIELD OPERATIONS 25,846,770.00 172,000.00 1,997,740.18 18,716,088.20 386,736.43 6,915,945.37 73.4 POLICE-INVESTIGATIONS 4,877,050.00 910.00 396,089.90 3,744,773.97 9,508.01 1,123,678.02 76.9 POLICE-SERVICES DIVISION 4,526,170.00 6,550.00 577,036.69 3,443,839.33 4,637.26 1,084,243.41 76.0 POLICE I/T STAFF ( 19,770.00) - 3,622.35 17,259.01 - ( 37,029.01) 0.0 POLICE GRANTS 1,778,000.00 213,030.00 111,994.78 475,815.50 141,853.61 1,373,360.89 31.0 ANIMAL REGULATION 882,250.00 - 73,088.95 660,870.36 210,835.49 10,544.15 98.8 FIRE-ADMINISTRATION 1,814,990.00 6,110.00 143,338.95 1,229,188.01 3,858.45 588,053.54 67.7 FIRE-SUPPRESSION 21,059,860.00 247,570.00 1,963,496.32 17,437,729.96 519,265.60 3,350,434.44 84.2 FIRE-PREVENTION 1,142,310.00 21,510.00 83,595.74 796,793.20 1,239.16 365,787.64 68.5 P/W-ENGINEERING 1,441,060.00 129,390.00 48,497.18 888,397.10 61,232.68 620,820.22 60.4 ENGINEERING AND DESIGN 207,350.00 710.00 50,672.55 469,887.69 344.00 ( 262,171.69) 226.0 TRANSPORTATION/ENGINEERING ( 8,990.00) - 3,560.96 58,809.29 - ( 67,799.29) 0.0 STREETS - GENERAL & ADM 4,457,910.00 15,280.00 274,908.67 2,754,778.44 227,155.60 1,491,255.96 66.6 STREETS - CONSTRUCTION 4,583,600.00 8,009,477.00 141,658.92 2,164,070.67 4,758,718.95 5,670,287.38 54.9 PARKS 5,275,270.00 1,070,935.00 363,372.53 2,881,741.95 1,409,995.51 2,054,467.54 67.6 RECREATION 2,603,810.00 22,890.00 119,126.16 1,316,205.02 24,144.82 1,286,350.16 51.0 COMMUNITY SERVICES ADMIN DIV. 623,800.00 83,580.00 50,420.86 500,839.90 - 206,540.10 70.8 MIDTOWN MALL 13,380.00 3,600.00 287.87 2,695.50 3,600.00 10,684.50 37.0 GENERAL FUND DEBT SERVICE 2,638,180.00 - 1,707,685.50 2,634,154.54 - 4,025.46 99.8 ______________ ______________ ______________ ______________ ______________ ______________ _____ Total - General Government 103,064,510.00 10,719,342.00 9,327,283.62 71,859,698.70 8,952,877.38 32,971,275.92 71.0 ============== ============== ============== ============== ============== ============== ===== EXR58 11:15:42 4/06/22
Packet Pg. 751 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022)
GENERAL FUND TEN YEAR PLAN
Amended March 2022
Packet Pg. 752 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Amended Amended
21-22 22-23 2023-24 2024-25 2025-26 2026-27
Beginning Cash Balance 19,300 16,599 17,552 19,101 21,299 21,348 Revenues 102,896 93,794 96,659 99,569 102,575 105,653
Net Transfers 3,342 3,677 3,589 3,854 3,935 4,053
Total Revenues 106,238 97,472 100,248 103,423 106,511 109,707 Personnel Costs (64,953) (69,529) (70,844) (72,868) (76,438) (78,648) Operating Costs (21,090) (20,539) (21,076) (21,708) (22,359) (23,030) Capital Outlay (22,279) (5,598) (6,116) (6,200) (7,331) (8,605) Debt Service (2,630) (2,613) (2,118) (1,957) (1,965) (1,318) Savings 2,012 1,760 1,455 1,508 1,631 1,697
Net Expenditures (108,939) (96,519) (98,699) (101,225) (106,461) (109,905) Ending Cash Balance 16,599 17,552 19,101 21,299 21,348 21,150 Projections toward Council Objectives
Ending Cash as Percentage of
Expenditures 15.2% 18.2% 19.4% 21.0% 20.1% 19.2%
Projected Personnel Percentage 58.5% 70.7% 70.7% 70.9% 70.7% 70.5% Fiscal Year
City of Redding
General Fund Ten Year Plan (in thousands)
Fiscal Year Ending 2022 & 2023
Packet Pg. 753 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) 2027-28 2028-29 2029-30 2030-31 2031-32
Projected Cash Balance 21,150 12,220 11,643 11,988 12,290 Projected Revenues 108,825 112,008 115,377 118,861 122,453 Projected Net Transfers 4,175 4,300 4,429 4,562 4,699
Total Projected Revenues 113,000 116,308 119,806 123,423 127,152 Projected Personnel Costs (86,309) (84,382) (86,352) (88,900) (91,066) Projected Operating Costs (29,371) (25,932) (26,365) (27,320) (28,698) Projected Operating Costs (6,864) (7,070) (7,282) (7,500) (7,725) Projected Debt Service (1,314) (1,313) (1,310) (1,309) (1,311) Projected Savings 1,928 1,811 1,849 1,908 1,985
Net Projected Expenditures (121,929) (116,886) (119,460) (123,121) (126,815) Projected Ending Cash 12,220 11,643 11,988 12,290 12,627 Projections toward Council Objectives
Ending Cash as Percentage of
Expenditures 10.0% 10.0% 10.0% 10.0% 10.0%
Projected Personnel Percentage 69.7% 71.1% 71.2% 71.1% 70.7% Fiscal Year
City of Redding
General Fund Ten Year Plan (in thousands)
Fiscal Year Ending 2022 & 2023
Packet Pg. 754 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Amended Amended
2021-22 2022-23 2023-24 2024-25 2025-26 2026-27
Sales Tax 31,983 33,207 34,037 34,888 35,760 36,654
Property Tax 23,961 25,339 26,099 26,882 27,689 28,519
TOT 7,241 7,530 7,831 8,144 8,470 8,808
Cannabis Tax 1,888 1,888 1,964 2,042 2,124 2,209
Other Taxes 2,474 2,500 2,600 2,704 2,812 2,924
Licenses & Permits 2,214 2,414 2,510 2,611 2,715 2,824
Fines & Penalties 545 545 566 589 612 637
Other Government 14,436 1,052 1,083 1,116 1,149 1,184
Redding Rancheria 120 122 126 129 133 137
Internal Departments 11,970 12,935 13,323 13,723 14,135 14,559 Service Charges 3,026 3,166 3,293 3,425 3,562 3,704
Other Revenue 2,338 2,395 2,466 2,540 2,617 2,695
Use of Money & Property 583 585 585 585 585 585
Interest 118 118 176 191 213 213
Subtotal 93,794 102,896 96,659 99,569 102,575 105,653
Transfers In:
Gas Taxes 7,705 7,662 7,892 8,128 8,372 8,623
Debt Service 34 34 34 34 - -
Other Transfers In 317 316 326 335 345 356
Total Transfers In 8,012 8,056 8,251 8,497 8,718 8,979
Transfers Out:
CVB & Convention Center (1,032) (1,080) (1,113) (1,146) (1,180) (1,216) Parking - - - - - -
Library (934) (962) (991) (1,021) (1,052) (1,083)
Rolling Stock (1,336) (1,530) (1,526) (1,472) (1,516) (1,562) Other Equipment (336) (111) (115) (118) (122) (125)
Internal Advances - - (898) (886) (913) (940)
Other Transfers Out (1,075) (650) (20) (1) (0) (0)
Total Transfers Out (4,334) (4,714) (4,662) (4,644) (4,782) (4,926) Net Transfers 3,677 3,342 3,589 3,854 3,935 4,053
Total Revenues 106,238 97,472 100,248 103,423 106,511 109,707 Revenue Assumptions
Sales Tax 4.5% 3.0% 2.5% 2.5% 2.5% 2.5%
Property Tax 5.0% 6.0% 3.0% 3.0% 3.0% 3.0%
Fee Revenues Projected Projected 3.0% 3.0% 3.0% 3.0%
Other Government Projected Projected 3.0% 3.0% 3.0% 3.0% Other Revenue Projected Projected 3.0% 3.0% 3.0% 3.0%
Internal Departments Projected Projected 3.0% 3.0% 3.0% 3.0% All Revenues (Not specific) Projected Projected 4.0% 4.0% 4.0% 4.0% Interest (Percent of Cash) 2.0% 2.0% 1.0% 1.0% 1.0% 1.0% Fiscal Year Ended
Revenues
City of Redding
General Fund Ten Year Plan (in thousands)
Fiscal Year Ending 2022 & 2023
Packet Pg. 755 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) 2027-28 2028-29 2029-30 2030-31 2031-32
Sales Tax 37,570 38,510 39,472 40,459 41,471
Property Tax 29,375 30,256 31,164 32,099 33,062
TOT 9,161 9,527 9,908 10,305 10,717
Cannabis Tax 2,297 2,389 2,485 2,584 2,687
Other Taxes 3,041 3,163 3,289 3,421 3,558
Licenses & Permits 2,936 3,054 3,176 3,303 3,435
Fines & Penalties 662 689 717 745 775
Other Government 1,219 1,256 1,294 1,333 1,373
Redding Rancheria 141 146 150 154 159
Internal Departments 14,995 15,445 15,909 16,386 16,877 Service Charges 3,853 4,007 4,167 4,334 4,507
Other Revenue 2,776 2,859 2,945 3,033 3,124
Use of Money & Property 585 585 585 585 585
Interest 211 122 116 120 123
Subtotal 108,825 112,008 115,377 118,861 122,453
Transfers In:
Gas Taxes 8,882 9,149 9,423 9,706 9,997
Debt Service - - - - -
Other Transfers In 366 377 389 400 412
Total Transfers In 9,249 9,526 9,812 10,106 10,409
Transfers Out:
CVB & Convention Center (1,252) (1,290) (1,328) (1,368) (1,409) Parking - - - - -
Library (1,116) (1,149) (1,184) (1,219) (1,256)
Rolling Stock (1,608) (1,657) (1,706) (1,758) (1,810)
Other Equipment (129) (133) (137) (141) (145)
Internal Advances (968) (997) (1,027) (1,058) (1,090)
Other Transfers Out (0) (0) (0) (0) (0)
Total Transfers Out (5,074) (5,226) (5,383) (5,544) (5,710) Net Transfers 4,300 4,175 4,429 4,562 4,699
Total Revenues 113,000 116,308 119,806 123,423 127,152
Revenue Assumptions
Sales Tax 2.5% 2.5% 2.5% 2.5% 2.5%
Property Tax 3.0% 3.0% 3.0% 3.0% 3.0%
Fee Revenues 3.0% 3.0% 3.0% 3.0% 3.0%
Other Government 3.0% 3.0% 3.0% 3.0% 3.0%
Other Revenue 3.0% 3.0% 3.0% 3.0% 3.0%
Internal Departments 3.0% 3.0% 3.0% 3.0% 3.0%
All Revenues (Not specific) 4.0% 4.0% 4.0% 4.0% 4.0%
Interest (Percent of Cash) 1.0% 1.0% 1.0% 1.0% 1.0%
Fiscal Year Ended
City of Redding
General Fund Ten Year Plan (in thousands)
Revenues
Fiscal Year Ending 2022 & 2023
Packet Pg. 756 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) Amended Amended
2021-22 2022-23 2023-24 2024-25 2025-26 2026-27
Safety UAL Payments 10,779 11,454 11,905 12,343
Misc UAL Payments 4,080 4,339 4,117 4,303
PARS UAL Payments 2,535 1,453 172 172
Police
Personnel 30,243 32,676 25,237 26,656 28,320 29,058
Operating 6,031 5,914 6,726 6,928 7,135 7,350
Capital Outlay/Project 3,420 68 70 72 74 77
Subtotal 38,658 39,694 32,033 33,656 35,530 36,484
Fire
Personnel 19,055 19,988 16,533 16,963 19,621 20,130
Operating 4,205 4,220 4,114 4,237 4,364 4,495
Capital Outlay/Project 515 250 258 265 1,218 2,310
Subtotal 24,457 23,775 20,904 21,466 25,204 26,935
Transportation & Engineering
Personnel 2,541 2,821 930 955 968 993
Operating 3,367 3,418 3,433 3,536 3,642 3,752
Capital Outlay/Project 5,723 4,373 4,504 4,639 4,778 4,922 Subtotal 10,612 11,631 8,867 9,130 9,389 9,667
Parks & Recreation
Personnel 4,005 4,317 3,663 3,767 3,870 3,980
Operating 2,481 2,524 2,521 2,596 2,674 2,754
Capital Outlay/Project 5,765 74 76 78 80 83
Subtotal 6,915 12,251 6,260 6,442 6,625 6,817
Development Services
Personnel 4,484 4,956 3,580 3,678 3,773 3,877
Operating 1,473 1,032 1,027 1,058 1,089 1,122
Capital Outlay/Project 758 300 309 318 328 338
Subtotal 6,288 6,716 4,916 5,054 5,190 5,336
General Government & Other
Personnel 4,624 4,771 3,507 3,602 3,692 3,793
Operating 3,533 3,432 3,255 3,353 3,453 3,557
Capital Outlay/Project 6,098 534 900 826 851 877
Debt Service 2,630 2,613 2,118 1,957 1,965 1,318
Subtotal 11,349 16,885 9,780 9,739 9,962 9,545
Add Back Personnel - - - - - -
Add Back O&M - - - - - -
Projected Savings (2,012) (1,760) (1,455) (1,508) (1,631) (1,697) Total Expenditures 108,939 96,519 98,699 101,225 106,461 109,905 Expenditure Assumptions
Personnel - Wages Budget Budget 2.75% 2.75% 2.75% 2.75% O&M & Capital Outlay Budget Budget 3.0% 3.0% 3.0% 3.0%
Debt Actual Actual Actual Actual Actual Actual
Assumed Expense Savings 0.020 2.0% 2.0% 2.0% 2.0% 2.0%
City of Redding
General Fund Ten Year Plan (in thousands)
Expenditures
Fiscal Year Ending 2022 & 2023
Fiscal Year Ended
Packet Pg. 757 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022) 2027-28 2028-29 2029-30 2030-31 2031-32
Safety UAL Payments 12,665 12,996 13,337 13,687 13,496
Misc UAL Payments 4,411 4,521 4,634 4,750 4,584
PARS UAL Payments 172 172 172 172 172
Police
Personnel 29,795 30,626 31,479 32,358 33,259
Operating 7,570 7,797 8,031 8,272 8,520
Capital Outlay/Project 79 81 84 86 89
Subtotal 38,505 37,444 39,594 40,716 41,868
Fire
Personnel 20,640 21,216 21,808 22,417 23,042
Operating 4,630 4,769 4,912 5,059 5,211
Capital Outlay/Project 379 390 402 414 427
Subtotal 26,375 25,649 27,122 27,890 28,680
Transportation & Engineering
Personnel 1,014 1,046 1,074 1,107 1,138
Operating 3,864 3,980 4,099 4,222 4,349
Capital Outlay/Project 5,069 5,221 5,378 5,539 5,706
Subtotal 10,247 9,947 10,551 10,869 11,193
Parks & Recreation
Personnel 4,091 4,210 4,331 4,457 4,585
Operating 2,837 2,922 3,010 3,100 3,193
Capital Outlay/Project 85 88 91 93 96
Subtotal 7,220 7,014 7,431 7,650 7,874
Development Services
Personnel 3,980 4,092 4,205 4,324 4,444
Operating 1,156 1,190 1,226 1,263 1,301
Capital Outlay/Project 348 358 369 380 391
Subtotal 5,641 5,484 5,800 5,967 6,136
General Government & Other
Personnel 3,892 4,002 4,112 4,229 4,346
Operating 3,664 3,774 3,887 4,004 4,124
Capital Outlay/Project 903 930 958 987 1,016
Debt Service 1,314 1,313 1,310 1,309 1,311
Subtotal 10,020 9,773 10,267 10,528 10,797
Add Back Personnel 5,650 1,500 1,200 1,400 2,000
Add Back O&M 5,650 1,500 1,200 1,400 2,000
Projected Savings (1,928) (1,811) (1,849) (1,908) (1,985) Total Expenditures 121,929 116,886 119,460 123,121 126,815 Expenditure Assumptions
Personnel - Wages 2.75% 2.75% 2.75% 2.75% 2.75%
O&M & Capital Outlay 3.0% 3.0% 3.0% 3.0% 3.0%
Debt Actual Actual Actual Actual Actual
Assumed Expense Savings 2.0% 2.0% 2.0% 2.0% 2.0%
City of Redding
General Fund Ten Year Plan (in thousands)
Expenditures
Fiscal Year Ending 2022 & 2023
Fiscal Year Ended
Packet Pg. 758 Attachment: ^Quarterly Report March 2022 (9.10(a)--General Fund Financial Report for quarter ended March 2022)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the report and provide direction to staff regarding preparation of the documents necessary to place a measure on the ballot for the November 8, 2022, General Municipal Election, to determine if the City Treasurer and City Clerk positions should be appointed rather than elected.
Fiscal Impact
There is no fiscal impact in directing staff to draft the necessary documents. Should a ballot measure be placed on the November ballot there will be a one-time cost of approximately $25,000.
According to California Government Code section 36517 and Redding Municipal Code sections
2.16.010 and 2.20.010, the elected City Clerk and the elected City Treasurer receive compensation fixed by ordinance or resolution. The City Council set the stipend for the City Clerk and City Treasurer elected positions at $600 per month. If these elected positions become appointed, the stipends would be eliminated and the City of Redding (City) would save $14,400 per year. Also, as health and pension benefits are available for these elected positions, the estimated savings of eliminating these benefits is in excess of $25,000 per year.
Alternative Action
The City Council could decline to move forward with a ballot measure to consider appointing the City Clerk and the City Treasurer.
Background/Analysis
State law requires all general law cities to have a City Clerk and City Treasurer. The positions may be appointed or elected. In the City of Redding, the City Clerk and City Treasurer are MEETING DATE: May 17, 2022
ITEM NO. 9.10(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.10(b)--Consider placing a ballot measure on the November 8, 2022, General Municipal Election ballot to determine if the City of Redding's City Clerk and City Treasurer positions should be appointed rather than elected.
Allyn Feci Clark, Director of
Finance/City Treasurer
Packet Pg. 759
Report to Redding City Council May 11, 2022
Re: 9.10(b)--Ballot Measure to appoint City Treasurer and City Clerk Page 2 elected by the voters to a four-year term. Pursuant to state law, there are three qualifications for someone to run for election for these positions: (1) must be a resident of the city; (2) must be registered to vote in the city; and (3) must be at least 18 years of age. As elected positions, there are no minimum educational or professional requirements.
The voters of the City have not had an opportunity to address this issue since 1946. Over the decades since, the roles of the City Clerk and City Treasurer have evolved and become far more technical with numerous state and federal laws governing the designated responsibilities. To mitigate the risk of elected City Clerks and City Treasurers without the necessary training, many municipalities statewide have placed measures on the ballot asking the voters to approve moving from elected to appointed positions.
Recent information provided by The League of California Cities, indicates that more than 75 percent of all general law cities have appointed City Clerks and 52 percent have appointed City Treasurers.
The current City Clerk’s term ends in November 2022, and the current City Treasurer’s term ends in November 2024. If the Council chose to place a measure on the ballot for November 2022, and the voters approved the measure, the incumbents would remain in office either until the end of their term or their resignation.
The City Clerk is the official keeper of records and contracts. Functions of the City Clerk’s Office include administration of the City's business license programs; the tracking of contracts awarded by competitive bid; compliance with requirements of all public contracts; establishment and oversight for maintaining a record retention schedule; and serving as the filing official for the City and its affiliated agencies for purposes of compliance with the Fair Political Practices Act. The City Clerk also oversees the preparation of meeting agendas, Reports to City Council, and accurate minutes of the proceedings. They perform under public scrutiny. Many of the City Clerks’ duties are prescribed by law governing open meetings, public records, and election procedures.
The City Treasurer provides general financial oversight. Functions of the City Treasurer’s office include: managing the cash flow of the City through banking, collections, receipting, reporting, custody, and investment or disbursement of municipal funds in accordance with governmental accounting. All banking relationships are contracted and managed by the City Treasurer. The City Treasurer is required by statute to prepare financial reports for public disclosure and file them with the City Council. The investment policies that govern a City Treasurer’s actions are reviewed quarterly within the Investment Advisory Committee, and any recommended changes are presented to the City Council for action.
Appointing the City Treasurer and City Clerk would allow the City to ensure that job applicants are selected through normal personnel procedures, including a competitive recruitment process and annual performance evaluations. The City would be positioned to identify an applicant to perform these jobs according to skills and qualification, rather than a successful candidacy.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Packet Pg. 760
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions to comply with state mandated legislation for the City of Redding Solid Waste Utility:
(1) Offer Ordinance amending Redding Municipal Code (RMC) Title 9 (Health and Safety) to repeal and reenact Chapter 9.28 (Solid Waste and Recycling), for first reading by title only and waive the full reading;
(2) Find that the passage of this ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”) because it can be seen with certainty that passage of the ordinance will not have a significant effect on the environment; and
(3) Authorize the City Attorney to prepare and the City Clerk to publish a summary ordinance according to law.
Fiscal Impact
There is no direct fiscal impact in adopting the proposed modifications. If amendments related to requiring participation in recycling and enforcement mechanisms are not adopted, penalties and other enforcement action could result, and the City of Redding (City) could be disqualified for some CalRecycle grant opportunities.
Alternative Action
The City Council (Council) may choose not to offer the ordinance as presented and provide direction to staff in regards to desired modifications.
MEETING DATE: May 17, 2022
ITEM NO. 9.11(h)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.11(h)--Consider Ordinance Amending Redding Municipal Code (RMC) Title 9 (Health and Safety) to repeal and reenact Chapter 9.28 (Solid Waste and Recycling).
Ryan Bailey, Assistant
Director of Public Works
Packet Pg. 761
Report to Redding City Council May 11, 2022
Re: 9.11(h)--Ordinance amending RMC Title 9 (Health and Safety) Page 2 Background/Analysis
The City ordinance addressing solid waste and recycling collection needs updating in order to reflect current processes or requirements that have been mandated by State of California (State) legislation. Due to the number of modifications and amendments, staff is recommending that the Council repeal and reenact Chapter 9.28. In January of 2022, Senate Bill 1383 (SB 1383) went into effect, which establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of the State’s economy.
There are many parts to SB 1383, but the six main elements of this law are: Organics and Recycling Collection, Education and Outreach, Edible Food Recovery, Procurement (use of a quantity of recovered organic waste such as compost, mulch, renewable gas, etc.), and Contamination Monitoring and Capacity Planning. SB 1383 stipulates that jurisdictions have an enforcement mechanism/ordinance in place that requires participation in recycling programs and includes a fine for willful noncompliance. Jurisdictions that do not have an enforceable mechanism will not qualify for some State offered grant opportunities through CalRecycle and will not be complying with the regulation.
The list below summarizes the key changes and explains the need for the change. The full strikeout/underline version of the code is attached to the report.
Definitions - The amended ordinance includes an update to the Definitions section to reflect current terminology for waste and recycling.
Participation Required – In order to comply with the mandate to have an enforceable mechanism, the ordinance requires participation in recycling and/or recycling programs and establishes that the City can issue waivers for compliance with recycling when based on the appropriate criteria outlined in SB 1383.
Private Disposal – The language in this section clarifies that the City is the provider of waste hauling services and identifies the circumstances for when private companies can haul waste for line of business activities.
Violations – This section provides the ability for the City to assess fines to enforce compliance with recycling and diversion mandates. The fines would follow after a Notice of Violation (NOV) requiring compliance within 60 days has been issued. If the violator is still out of compliance after the 60 days the minimum fine amounts determined by the regulation are as follows:
• First violation in a one-year period of time - $100
• Second violation in a one-year period of time - $200
• Third violation in a one-year period of time - $500
Once an ordinance has been adopted then staff will move forward with an outreach and education campaign to further inform residents and customers about the new legislation and how to comply with it locally. The campaign will also list the various methods by which compliance can be achieved, as well as, who must comply and which situations qualify for a waiver to apply for such.
Packet Pg. 762
Report to Redding City Council May 11, 2022
Re: 9.11(h)--Ordinance amending RMC Title 9 (Health and Safety) Page 3 Council Priority/City Manager Goals
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Attachments
^Ordinance
^Ordinance - strikeout
Packet Pg. 763
DRAFT NEW ORDINANCE
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING
MUNICIPAL CODE TITLE 9 (HEALTH AND SAFETY) TO REPEAL AND REENACT CHAPTER 9.28 (SOLID WASTE AND RECYCLING)
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 9 (Health and Safety), Chapter 9.28 (Garbage and Rubbish) is hereby repealed and reenacted with a title to read as follows:
SOLID WASTE AND RECYCLING
9.28.010 Definitions.
9.28.020 Dead animals excluded.
9.28.030 Accessibility to rats prohibited.
9.28.040 Rubbish on streets.
9.28.050 Solid Waste in drainage ditches.
9.28.060 Solid Waste—Burning prohibited.
9.28.070 Solid Waste —Accumulation prohibited.
9.28.080 Solid Waste —Burying prohibited.
9.28.090 Private disposal.
9.28.100 Depositing in unauthorized place.
9.28.110 Charges—Fixing.
9.28.120 Charges—Paid when.
9.28.130 Charges—Liability.
9.28.140 Charges—Delinquent.
9.28.150 Receptacles—Required.
9.28.160 Receptacles—Condemnation of noncomplying.
9.28.170 Solid Waste Disposal—Required.
9.28.180 Tree trimmings and garden waste.
9.28.190 Receptacles—Cleanliness required.
9.28.200 Containers—Collection.
9.28.210 Containers—On streets.
9.28.220 Wrapping Solid Waste.
9.28.230 Clear path to container.
9.28.240 Landfill—Rate establishment.
9.28.250 Landfill—Tires.
9.28.260 Landfill—Garbage and refuse.
9.28.270 Scavenging—Prohibited.
9.28.280 Recycling—Required.
9.28.290 Commercial generators—Compliance and waivers.
9.28.300 Materials prohibited in containers.
9.28.310 Design of projects to include facilities for recyclable materials.
9.28.320 Violations.
Packet Pg. 764 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) Section 2. Title 9 of the Redding Municipal Code is amended to add Sections 9.28.010 through 9.28.320, inclusive, to Chapter 9.28 to read as follows:
9.28.010 - Definitions.
Unless it is apparent from the context that another meaning is intended, the following words, when used in this chapter, shall have the meanings respectively ascribed to them by this section:
A. “Commercial” means of or pertaining to a business establishment and/or industrial facility including, but not limited to, governmental, religious, and educational facilities.
B. “Container” means a bin, cart, roll-off box, drop box, receptacle, can, waste wheeler, compactor or other City-approved vessel for the collection of Solid Waste.
C. “Customer” means the person subscribing to collection services.
D. “E-waste” has the same meaning as in California Public Resources Code Section 42463.
E. “Food soiled paper” means compostable paper material that has come into contact as a result of food preparation.
F. “Food waste” or “food scraps” Solid Waste comprised of but not limited to animal, fruit, or vegetable refuse that has been prepared for or intended to be used as food or has resulted from the preparation of the food. Food waste also includes food-soiled paper resulting from such food preparations and/or storage. Food waste excludes fats, oils, and grease when said materials are separated from other food scraps.
G. “Generator” means a person that produced Solid Waste to include mixed materials, organic materials, bulky goods or recyclable materials.
H. “Organic waste” weans Solid Waste including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, nonhazardous wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.
I. “Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste.
J. “Recycle” or “recycling” has the meaning established by the State’s Public Resources Code Section 40180.
K. “Responsible party” means “customer” and/or “owner,” “tenant” or “occupant.” L. “Self-hauler” means a person disposing of Solid Waste generated by that person or occupants of the person’s property when such Solid Waste is removed, transferred and disposed in compliance with all applicable laws.
M. “Solid Waste” has the same meaning as defined in the State of California’s Resources Code Section 40191, in addition to materials that may be recycled. Solid Waste does not include any of the following wastes:
Packet Pg. 765 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
1. Hazardous waste, as defined in the State Public Resources Code 28 Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8, Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 of Division 104 of the State Health and Safety Code).
N. “Solid Waste services” means the collection, transfer, processing, recycling, removal, transportation and disposal of Solid Waste.
O. “Unacceptable waste” means any and all waste, including but not limited to hazardous waste, household hazardous waste, and medical waste.
P. “U-waste” means waste that the California Department of Toxic Substances control considers universal waste (Title 22, Division 4.5, Chapter 23), including but not limited to household batteries, fluorescent light tubes, compact fluorescent light tubes, sharps, computers, radios, some appliances and mercury-containing devices.
9.28.020 - Dead animals excluded.
The terms “organic waste” and “Solid Waste” as used in this chapter shall not be construed to include dead animals.
9.28.030 - Accessibility to rats prohibited.
A. It is unlawful to have, store, deposit or keep Solid Waste where rats can have access thereto or feed thereon.
B. Each day's violation of this section shall be treated and considered, and it shall be a separate and distinct offense.
9.28.040 - Rubbish on streets.
A. It is unlawful to place, deposit or dump, or cause to be placed, deposited or dumped, within the corporate limits of the City, any Solid Waste, including but not limited to garbage, swill, cans, bottles, papers, ashes, refuse, carcass of any dead animal, offal, trash or rubbish or any noisome, nauseous or offensive matter in or upon any street, road or alley, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or on any private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for such purpose by the governing board or body having charge thereof.
B. Any person violating the provisions of this section shall be charged with a misdemeanor.
9.28.050 - Solid Waste in drainage ditches.
A. It is unlawful to place, deposit or dump, or cause to be placed, deposited or dumped, within the corporate limits of the City any Solid Waste, including but not limited to, garbage, swill cans, bottles, paper, ashes, refuse or carcass of any dead animal, offal, trash or rubbish, or Packet Pg. 766 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) any other nauseous or offensive matter in or upon any waterway, creek or drain ditch, either natural or artificial, nor shall any person cause to be deposited in any drain ditch, as described in this section, any Solid Waste, garbage or other matter, as described in this section, which may in any manner obstruct the natural flow of the drain ditch, or be carried downstream from the place of deposit by the flow of water within the maximum flow capacity of the drain ditch or other waterway.
B. Any person violating the provisions of this section shall be charged with a misdemeanor.
9.28.060 - Solid Waste—Burning prohibited.
It is unlawful to burn any Solid Waste on any lot or premises within the limits of the City.
9.28.070 - Solid Waste —Accumulation prohibited.
A. It is unlawful for any person to deposit, keep or accumulate, or cause, permit or suffer to be deposited, kept or accumulated, for more than seven days, any Solid Waste, garbage, rubbish, castaway furniture, appliances, automobile parts, packing material, vehicle body parts, cardboard, or any other matter that constitutes a public nuisance pursuant to this code or any law, in or upon any lot or parcel of land or any public or private drive, alley or street, house, store, restaurant, business, or any place in the city.
B. A person violating the provisions of this section shall be charged with a misdemeanor as provided in Section 9.28.300.
9.28.080 - Solid Waste —Burying prohibited.
It is unlawful for any person to bury any Solid Waste beneath the surface of any premises within the City. This provision shall not apply to the cut and fill operations of the City.
9.28.090 - Private disposal.
A. It is unlawful for any person other than the City to remove, collect or transport any Solid Waste materials from premises within the City except:
1. Materials that are transported to a transfer station, recycling center, or material recovery facility by the occupant and/or permissible contracted haulers serving areas outside the City’s jurisdiction;
2. Materials that are removed from a premise by a person through the performance of a direct service not otherwise provided by the City to include but not limited to landscaping services, office paper shredding, and construction and demolition projects as a separately contracted or subcontracted hauling service; or
3. Persons who self-haul the generated Solid Waste material as permissible in Section
9.28.170 to a licensed transfer station, processing facility, landfill, or material recovery facility.
Packet Pg. 767 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
9.28.100 - Depositing in unauthorized place.
A. It is unlawful for any person in the City to throw or deposit any Solid Waste, including but not limited to, garbage, rubbish, or other matter that constitutes a public nuisance pursuant to this code or any other law, or to cause the same to be thrown or deposited upon any street, alley, gutter, sidewalk, curb, park, median strip, public planters, or other public places, or deposit or throw upon any vacant lot, private lot, or any other public or private parcel of land regardless of where it is deposited on such land, or to store or keep the same otherwise than in cans or receptacles as required by Section 9.25.150.
B. Any person violating the provisions of this section shall be charged with a misdemeanor.
9.28.110 - Charges—Fixing.
The City Council may hereafter, by resolution, fix the rates for the various types of Solid Waste services, and shall be sufficient to fully recover the full cost of providing said services, including but not limited to Solid Waste disposal, landfill maintenance, and recycling services and programs.
9.28.120 - Charges—Paid when.
The charges for services rendered under this chapter shall be paid at the same time and in the same manner as water and light bills are paid, and all rules and regulations governing the collection of water and light bills shall apply in every particular in the collection of Solid Waste bills.
9.28.130 - Charges—Liability.
A. Every person receiving any service designated in this chapter shall be liable to the City rendering the service for the charges determined as provided in Section 9.28.110.
B. In addition to the direct liability of the person receiving the service, it shall be presumed that the occupant of any premises served is the agent of the owner thereof, and is acting for and on behalf of the owner in subscribing for the service.
C. Every service performed under this chapter shall be presumed to be for the benefit of the premises from which any Solid Waste, including but not limited to garbage, refuse or rubbish is removed and the charges accruing for such service shall be a lien upon the premises served.
9.28.140 - Charges—Delinquent.
The delinquent charges for services rendered to premises under this chapter may be collected at the option of the City Council in the following manner:
A. By a personal action against the occupant or owner of the premises served; or, B. By an action for foreclosure of the lien on the premises served.
9.28.150 - Receptacles—Required.
A. All Solid Waste generated or produced within the city shall be deposited in a container or containers provided by and, in some instances, approved by the City.
Packet Pg. 768 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) B. All Solid Waste containers provided by the city shall be kept clean and sanitary and portable by the owner. All containers, once delivered, shall be the sole responsibility of the person for any given premise for which said person is the owner, occupant, tenant or manager.
C. As a requirement of the use or occupancy of property in the City, it shall be the duty of every owner or occupant of any residential dwelling, the owner, proprietor or manager of any multi-family dwelling, commercial or industrial use and of every other person generating Solid Waste as a result of the use of property to provide and keep within the property suitable and sufficient containers for the accumulation of Solid Waste including recycling and green waste, during the interval between pickups without causing public or private property to become littered.
D. Waste consisting of hazardous waste shall not be placed for collection through Solid Waste services, but rather shall be disposed of at designated hazardous waste collection sites or through periodic household hazardous waste collection vents, or as otherwise required by law.
E. Medical waste shall not be placed for collection through Solid Waste services, but rather shall be disposed of as otherwise required by law.
F. Recyclable material, including organics, shall be separated from other Solid Waste for collection in containers designated and/or approved by the City.
G. Large household items shall not be placed for collection through the Solid Waste service, but rather shall be disposed of by special arrangement through the City and/or an authorized self-hauler.
9.28.160 - Receptacles—Condemnation of noncomplying.
A. In the event any garbage, rubbish or waste matter can or receptacle is found by the enforcement officer or officers specified in this chapter to be not in compliance with the provisions set forth in this chapter, or detrimental to the public health, after an inspection by the enforcement officer, a notice shall be served upon the owner, resident or tenant on the premises on which the can or receptacle is located, by the enforcement officer, stating that the can or receptacle is condemned and must be removed and replaced by one which complies with the provisions of this chapter within a period of five days.
B. The notice shall state that if the can or receptacle is not removed and replaced within the period, the enforcement officer is empowered to condemn and remove from the premises the can or receptacle.
C. In the event the can or receptacle is removed by the enforcement officers, a notice shall be posted in a conspicuous place on the premises stating that the can or receptacle shall be destroyed. The can or receptacle shall be held for a period of thirty days after posting and, if no action is commenced to recover possession of the can or receptacle, it shall be summarily destroyed. If the can or receptacle is held by a court in any such action to be detrimental to the public health it shall be summarily destroyed immediately after the decision of the court has become final.
Packet Pg. 769 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) D. The exercise of any power under this section is not to be construed as an exclusive remedy or as an election to proceed under it only and shall not be a bar to any other procedure or prosecution under any section of this chapter or the laws of the state.
9.28.170 - Solid Waste Disposal—Required.
A. To further the public welfare, limit the amount of Solid Waste requiring disposal in landfills or other methods, to enhance the economy, to comply with statewide Solid Waste regulations, Solid Waste services shall be required in a manner that promotes waste reduction and resource preservation throughout the City.
B. Every person in possession, charge, or control of any single-family dwelling, multi-family dwelling, or commercial premises shall ensure that arrangements are made to properly dispose of the Solid Waste created, produced, or accumulated on the premises through maintaining a subscription for regular Solid Waste collection services from the City or, where permissible, self-hauling and/or subcontracting services.
C. All persons shall dispose of or recycle Solid Waste in the manner provided in this chapter.
D. No person except the city or an authorized collector shall collect or transport Solid Waste or provide Solid Waste services within the City unless specifically authorized by the City, with the following exceptions:
1. Collection, transfer, handling and disposal of hazardous waste;
2. Collection, transfer, handling and disposal of medical waste;
3. The removal and transportation of waste vegetation derived from landscaping activities by the owner or occupant of the property from which the material is derived, or by persons licensed to do landscaping or tree trimming business in the City and providing service to the owner or occupant of the property from which the material is derived;
4. Collection, transport, disposal or recycling of litter by an individual or volunteer group of individuals;
5. Community or neighborhood clean-up activities operated in cooperation with the City or an authorized person;
6. City crews collecting, transporting, disposing or recycling and transporting Solid Waste to a transfer station, processing facility, landfill, or material recovery facility.
9.28.180 - Tree trimmings and garden waste.
Tree trimmings, tree limbs, tree trunks and tree stumps need not be placed in a receptacle, but will not be collected if they exceed six inches in diameter or four feet in length or seventy-five pounds in weight. Such material, including brush and garden trimmings, will not be collected unless securely tied in a bundle.
Packet Pg. 770 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
9.28.190 - Receptacles—Cleanliness required.
It is the duty of every person served under this chapter to keep the Solid Waste containers used in the service of that person in a clean and sanitary condition.
9.28.200 - Containers—Collection.
A. All containers used shall be kept in some convenient and accessible place to be designated by the person charged with the administration of this chapter, and shall not be situated more than forty feet from any curb or alley, accessible to the person collecting the garbage and refuse unless otherwise strictly approved by the City on a case-by-case scenario.
B. With the exception of unacceptable waste, ownership of which shall remain with the generator unless arrangements for collection by the City and/or a different hauler have been made, any Solid Waste, including recyclables, placed on any public street, sidewalk or any other location designated for the collection of Solid Waste, shall be conclusively presumed to have been discarded. The title of the collected material shall pass to the City.
C. On collection day, automated-refuse containers shall be placed no further than two feet from the curb and away from any obstruction that may interfered with the safe operation of the sanitation equipment. Cans shall be placed no earlier than twelve hours prior to scheduled pickup time, and shall be moved back to a “proper storage location” not later than twelve hours after collection. “Proper storage location” means beside or behind the house or building, or an area or enclose, so that the maximum extent possible the automated-refuse container is not visible from the public right-of-way.
9.28.210 - Containers—On streets.
Notwithstanding anything provided in this code, the City Council may grant a franchise to or contract with, any person to place and install upon city streets in such locations as may be approved by the City Council, and upon such terms and conditions which the City Council may impose, refuse cans for the purpose of the collection of Solid Waste. The City Council may allow advertising to be placed upon such refuse cans; provided, that they are maintained neat in appearance and in good sanitary condition
9.28.220 - Wrapping Solid Waste.
All garbage coming from household waste incurred in the preparation of food shall be first drained and enclosed in paper or plastic before being placed in the Solid Waste containers.
9.28.230 - Clear path to container.
It is the duty of the occupant of the premises served to keep a clear path from the street or alley to the Solid Waste containers.
9.28.240 - Landfill—Rate establishment.
The City Council may hereafter, by resolution, establish rates for the deposit of rubbish by private persons at the City's sanitary landfill.
Packet Pg. 771 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
9.28.250 - Landfill—Tires.
It is unlawful for any person not a resident or a person licensed to do business from an established place of business within the City to deposit tires in the City's sanitary landfill.
9.28.260 - Landfill—Garbage and refuse.
It is unlawful for any person to deposit garbage or refuse in the City's sanitary landfill, except as directed by City personnel or official signs directing placement and hours of operation.
9.28.270 - Scavenging—Prohibited.
A. It is unlawful for any person to scavenge, salvage, or otherwise remove any material of any nature whatsoever from the area occupied by and operated as the City's sanitary landfill, or to go upon such area for any purpose not authorized by this code; except that the City may by contract authorize a nonprofit organization to salvage materials and conduct other operations of benefit to the general public.
B. It is unlawful for any person to scavenge, tamper with, destroy or otherwise deface any collection container or its material contents for any personal or professional or commercial use.
C. This section shall not apply to the activities of the City, an authorized collector, the owner or occupants of a premise, or a person authorized by the City.
D. Any person violating the provisions of this section is guilty of an infraction.
9.28.280 - Recycling—Required.
A. Every person shall ensure that all designated recyclable, green waste, and food waste materials shall be separated from other Solid Waste in accordance to the services offered by and/or allowed within the City. The disposal of designated recyclable, green waste, and food waste materials mixed with other Solid Waste is prohibited. The failure to comply with the requirements of this section is a threat to the public health, safety and welfare, and is declared and deemed a violation.
B. Every person in possession, charge or control of any place or premises within the City shall ensure that tenants, lessees, employees and/or occupants have access to on-site recycling services as offered by the City.
C. On-site recycling and organic material diversion services required under this article shall:
1. Collect at least the following materials: paper (mixed and office paper), plastic bottles and containers labeled with the universal recycling sign #1 and #2, aluminum cans, corrugated cardboard, glass bottles, and jars;
2. Collect green waste material;
3. Collect food scraps;
Packet Pg. 772 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
4. Provide containers, collection, capacity, and storage areas;
5. Remove the recyclable or organic material by either:
a. Establishing services with the City; or
b. Transporting the recyclable and/or organic materials to a licensed transfer station, processing facility, landfill, or material recovery facility.
D. The City may update the list of recyclable materials required to be recycled at a future date, as allowed by the City’s capacity and/or pursuant to state laws. Such list may be accessible, primarily, on the City’s website and may be available to every person upon request.
E. Every person in possession, charge or control of any place or premise within City limits shall provide proper recycling information and instructions in accordance with statemandated recycling laws to:
1. All tenants, occupants and employees of the premises annually;
2. A new employee, occupant or tenant no later than the 14th day after the tenant occupies or employee begins work at the premises; and
3. All employees or tenants not later than the 14th day after substantive changes in the recycling service offered at the premise and or by the City.
9.28.290 - Commercial generators—Compliance and waivers.
A. Each commercial generator, including all multi-family dwelling units of five units or more, shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter.
B. Each commercial generator shall subscribe to a level of service that is sufficient to handle the volume of recyclable and organic materials generated or accumulated on the premises.
C. Each commercial generator shall ensure the proper separation of Solid Waste, as established and updated by the City, by placing each type of material in designated containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper separation.
D. Each commercial generator shall use containers to collect and store recyclable and organics material, and shall designate areas to collect and/or store these materials. Additionally:
1. Each commercial generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and organic materials are collected and/or stored that specify the materials to be recycles and hot to recycle such material.
2. The City shall notify and instruct commercial generators in writing of applicable recycling and organics requirements.
Packet Pg. 773 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
3. Upon request by commercial generators, the City will also provide outreach and training to commercial generator employees and tenants regarding what materials are required to be recycled and how to recycle such material.
E. Commercial generators seeking a waiver shall submit their request for a waiver to the City via the approved process. After reviewing the request, the City may either approve or deny the waiver request. Requirements for waivers are subject to change in accordance with state regulations. Commercial generators may apply for a waiver if one or more of the following apply:
1. Generates more than two cubic yards per week of total Solid Waste but less than 20 gallons per week of organic waste.
2. Generates less than two cubic yards per week of total Solid Waste and less than 10 gallons per week of organic waste.
3. Collection frequency of a blue and gray container takes place on a bi-weekly as opposed to weekly basis.
4. Commercial generators that can provide documentation that no recyclable or organic material is generated on the premises.
5. Commercial generators that can provide documentation of a shared container for recyclable and/or organic materials with adjacent commercial facilities or multifamily dwellings.
6. Commercial generators that can provide documentation that the generated recyclable and/or organic material is self-hauled or hauled by an approved collector and is hauled to a licensed facility.
7. Commercial generators that can provide documentation of the lack of adequate physical space for recycling and/or organic waste containers.
9.28.300 - Materials prohibited in containers.
Hazardous waste, medical waste, unacceptable waste, earth, rocks, e-waste, u-waste, human waste and other potentially infection material, and liquid wastes shall not be deposited or placed in the provided containers.
9.28.310 - Design of projects to include facilities for recyclable materials.
New and substantially remodeled commercial, industrial and multifamily residential premises shall be designed to include space for storage and collection of Solid Waste materials, recycling and organics included. The design shall be submitted for approval to the City and shall meet all applicable regulations.
9.28.320 - Violations.
A. Any Responsible Party, as that term is defined in Chapter 1.13, responsible for any violation of this Chapter shall be subject to the following administrative penalties:
Packet Pg. 774 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
1. For a first violation within a one year period of time, the amount of the fine shall be $100, per violation.
2. For a second violation within a one year period of time, the amount of the fine shall be $200, per violation.
3. For a third or subsequent violation within a one year period of time, the amount of the fine shall be $500, per violation.
B. Except as otherwise provided, a violation of any section within this Chapter is punishable as an infraction.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 4. The passage of this ordinance is not subject to the provisions of the California Environmental Quality Act. Pursuant to Section 15061 of Title 14 of the California Code of Regulations (“Common Sense Exemption”), the City Council finds that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.
Section 5. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 17th day of May, 2022, and was duly read and adopted at a regular meeting on the ____ day of __________, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_________________________________
KRISTEN SCHREDER, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 775 Attachment: ^Ordinance (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
STRIKEOUT ORDINANCE
OLD LANGUAGE: Struck Out
NEW LANGUAGE: Underline
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING
MUNICIPAL CODE TITLE 9 (HEALTH AND SAFETY) TO REPEAL AND REENACT CHAPTER 9.28 (SOLID WASTE AND RECYCLING)
Chapter 9.28 (Garbage and Rubbish Solid Waste and Recycling)
9.28.010 Definitions.
Unless it is apparent from the context that another meaning is intended, the following words, when used in this chapter, shall have the meanings respectively ascribed to them by this section:
A. "Garbage" means and includes all animal or vegetable refuse from kitchens, and all household waste that has been prepared for or intended to be used as food or has resulted from the preparation of the food, and all animal or vegetable refuse from establishments where foodstuffs intended for human consumption are handled commercially.
B. "Rubbish" means and includes all refuse other than garbage, including paper, rags, leaves, glass, vines, sawdust, sweepings, plaster, trimmings from lawns, trees and flower gardens, pasteboard boxes, metal shavings, boxes, ashes and all refuse, except that from building construction or repairs.
A. “Commercial” means of or pertaining to a business establishment and/or industrial facility including, but not limited to, governmental, religious, and educational facilities.
B. “Container” means a bin, cart, roll-off box, drop box, receptacle, can, waste wheeler, compactor or other City-approved vessel for the collection of Solid Waste.
C. “Customer” means the person subscribing to collection services.
D. “E-waste” has the same meaning as in California Public Resources Code Section 42463.
E. “Food soiled paper” means compostable paper material that has come into contact as a result of food preparation.
F. “Food waste” or “food scraps” Solid Waste comprised of but not limited to animal, fruit, or vegetable refuse that has been prepared for or intended to be used as food or has resulted from the preparation of the food. Food waste also includes food-soiled paper resulting from such food preparations and/or storage. Food waste excludes fats, oils, and grease when said materials are separated from other food scraps.
G. “Generator” means a person that produced Solid Waste to include mixed materials, organic materials, bulky goods or recyclable materials.
Packet Pg. 776 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) H. “Organic waste” weans Solid Waste including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, nonhazardous wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.
I. “Organic waste generator” means a person or entity that is responsible for the initial creation of organic waste.
J. “Recycle” or “recycling” has the meaning established by the State’s Public Resources Code Section 40180.
K. “Responsible party” means “customer” and/or “owner,” “tenant” or “occupant.” L. “Self-hauler” means a person disposing of Solid Waste generated by that person or occupants of the person’s property when such Solid Waste is removed, transferred and disposed in compliance with all applicable laws.
M. “Solid Waste” has the same meaning as defined in the State of California’s Resources Code Section 40191, in addition to materials that may be recycled. Solid Waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code 28 Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8, Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 of Division 104 of the State Health and Safety Code).
N. “Solid Waste services” means the collection, transfer, processing, recycling, removal, transportation and disposal of Solid Waste.
O. “Unacceptable waste” means any and all waste, including but not limited to hazardous waste, household hazardous waste, and medical waste.
P. “U-waste” means waste that the California Department of Toxic Substances control considers universal waste (Title 22, Division 4.5, Chapter 23), including but not limited to household batteries, fluorescent light tubes, compact fluorescent light tubes, sharps, computers, radios, some appliances and mercury-containing devices.
9.28.020 Dead animals excluded.
The terms “garbage” and “rubbish” “organic waste” and “Solid Waste” as used in this chapter shall not be construed to include dead animals.
9.28.030 Accessibility to rats prohibited.
A. It is unlawful to have, store, deposit or keep garbage or rubbish Solid Waste where rats can have access thereto or feed thereon.
Packet Pg. 777 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) B. Each day's violation of this section shall be treated and considered, and it shall be a separate and distinct offense.
9.28.040 Rubbish on streets.
A. It is unlawful to place, deposit or dump, or cause to be placed, deposited or dumped, within the corporate limits of the City, any solid waste, including but not limited to garbage, swill, cans, bottles, papers, ashes, refuse, carcass of any dead animal, offal, trash or rubbish or any noisome, nauseous or offensive matter in or upon any street, road or alley, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or on any private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for such purpose by the governing board or body having charge thereof.
B. Any person violating the provisions of this section shall be charged with a misdemeanor .
9.28.050 Rubbish Solid waste in drainage ditches.
A. It is unlawful to place, deposit or dump, or cause to be placed, deposited or dumped, within the corporate limits of the city any solid waste, including but not limited to, garbage, swill cans, bottles, paper, ashes, refuse or carcass of any dead animal, offal, trash or rubbish, or any other nauseous or offensive matter in or upon any waterway, creek or drain ditch, either natural or artificial, nor shall any person cause to be deposited in any drain ditch, as described in this section, any solid waste, garbage or other matter, as described in this section, which may in any manner obstruct the natural flow of the drain ditch, or be carried downstream from the place of deposit by the flow of water within the maximum flow capacity of the drain ditch or other waterway.
B. Any person violating the provisions of this section shall be charged with a misdemeanor as provided in Section 9.28.300.
9.28.060 Garbage Solid waste—Burning prohibited.
It is unlawful to burn any garbage solid waste on any lot or premises within the limits of the City.
9.28.070 Garbage Solid Waste —Accumulation prohibited.
A. It is unlawful for any person to deposit, keep or accumulate, or cause, permit or suffer to be deposited, kept or accumulated, for more than seven days, any solid waste, garbage, rubbish, castaway furniture, appliances, automobile parts, packing material, vehicle body parts, cardboard, or any other matter that constitutes a public nuisance pursuant to this code or any law, in or upon any lot or parcel of land or any public or private drive, alley or street, house, store, restaurant, business, or any place in the City.
B. A person violating the provisions of this section shall be charged with a misdemeanor as provided in Section 9.28.300.
9.28.080 Garbage Solid Waste —Burying prohibited.
Packet Pg. 778 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) It is unlawful for any person to bury any garbage Solid Waste beneath the surface of any premises within the City. This provision shall not apply to the cut and fill operations of the City.
9.28.090 Private disposal.
A. Only the employees of the sanitation division shall remove, transport or convey any garbage or rubbish upon or along any public street, alley or place within the city except as provided in this section.
B. Private persons may transport their own rubbish from their residences only, provided that it is a material not attractive to insects or rodents, except also that private persons may transport refuse generated from agricultural or animal husbandry operations conducted on their own property within the city.
A. It is unlawful for any person other than the city to remove, collect or transport any Solid Waste materials from premises within the city except:
1. Materials that are transported to a transfer station, recycling center, or material recovery facility by the occupant and/or permissible contracted haulers serving areas outside the city’s jurisdiction;
2. Materials that are removed from a premise by a person through the performance of a direct service not otherwise provided by the city to include but not limited to landscaping services, office paper shredding, and construction and demolition projects as a separately contracted or subcontracted hauling service; or
3. Persons who self-haul the generated Solid Waste material as permissible in Section
9.28.170 to a licensed transfer station, processing facility, landfill, or material recovery facility.
9.28.100 Depositing in unauthorized place.
A. It is unlawful for any person in the city to throw or deposit any Solid Waste, including but not limited to, garbage, rubbish, or other matter that constitutes a public nuisance pursuant to this code or any other law, or to cause the same to be thrown or deposited upon any street, alley, gutter, sidewalk, curb, park, median strip, public planters, or other public places, or deposit or throw upon any vacant lot, private lot, or any other public or private parcel of land regardless of where it is deposited on such land, or to store or keep the same otherwise than in cans or receptacles as required by Section 9.25.150.
B. Any person violating the provisions of this section shall be charged with a misdemeanor as provided in Section 9.28.300.
9.28.110 Charges—Fixing.
The city council may hereafter, by resolution, fix the rates for the collection and removal of garbage and rubbish, for any services required to be performed under this chapter the various types of Solid Waste services, and shall be sufficient to fully recover the full cost of providing said services, including but not limited to Solid Waste disposal, landfill maintenance, and recycling services and programs.
Packet Pg. 779 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
9.28.120 - Charges—Paid when.
The charges for services rendered under this chapter shall be paid at the same time and in the same manner as water and light bills are paid, and all rules and regulations governing the collection of water and light bills shall apply in every particular in the collection of garbage Solid Waste bills.
9.28.130 - Charges—Liability.
A. Every person receiving any service designated in this chapter shall be liable to the City rendering the service for the charges determined as provided in Section 9.28.110.
B. In addition to the direct liability of the person receiving the service, it shall be presumed that the occupant of any premises served is the agent of the owner thereof, and is acting for and on behalf of the owner in subscribing for the service.
C. Every service performed under this chapter shall be presumed to be for the benefit of the premises from which any Solid Waste, including but not limited to garbage, refuse or rubbish is removed and the charges accruing for such service shall be a lien upon the premises served.
9.28.150 Receptacles—Required.
A. Each occupant of a place of residence or a place of business in the city shall keep on the premises occupied by him a watertight garbage container made of galvanized steel or other approved material which will not rust easily and can be readily cleaned, having at least two rigid handles and a close-fitting lid of the same material, and having a capacity of not less than five gallons nor more than forty gallons.
B. The close-fitting cover shall at all times, except when garbage is being deposited in or taken from such receptacle, be placed in proper position as a cover to the container.
A. All Solid Waste generated or produced within the City shall be deposited in a container or containers provided by and, in some instances, approved by the City.
B. All Solid Waste containers provided by the City shall be kept clean and sanitary and portable by the owner. All containers, once delivered, shall be the sole responsibility of the person for any given premise for which said person is the owner, occupant, tenant or manager.
C. As a requirement of the use or occupancy of property in the City, it shall be the duty of every owner or occupant of any residential dwelling, the owner, proprietor or manager of any multi-family dwelling, commercial or industrial use and of every other person generating Solid Waste as a result of the use of property to provide and keep within the property suitable and sufficient containers for the accumulation of Solid Waste including recycling and green waste, during the interval between pickups without causing public or private property to become littered.
D. Waste consisting of hazardous waste shall not be placed for collection through Solid Waste services, but rather shall be disposed of at designated hazardous waste collection sites or through periodic household hazardous waste collection vents, or as otherwise required by law.
Packet Pg. 780 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) E. Medical waste shall not be placed for collection through Solid Waste services, but rather shall be disposed of as otherwise required by law.
F. Recyclable material, including organics, shall be separated from other Solid Waste for collection in containers designated and/or approved by the City.
G. Large household items shall not be placed for collection through the Solid Waste service, but rather shall be disposed of by special arrangement through the City and/or an authorized self-hauler.
9.28.170 Receptacles—Refuse Solid Waste Disposal – Required.
It is the duty of every person serviced under this chapter to provide containers or receptacles for the holding of refuse and rubbish in the event such refuse or rubbish is not placed in a garbage can.
Such receptacles or containers shall be designed for easy handling, and shall weigh no more than fifty pounds including any and all contents placed therein. All refuse and rubbish shall be placed in the containers by the persons serviced under this chapter, which shall be placed only in receptacles or containers which comply not only with the provisions of this section but also the provisions of Section 9.28.150, and excepting also that refuse or rubbish which complies with the specifications provided in Section 9.28.180. Where specially-designed automated refuse containers are being used, only containers meeting the prescribed specifications shall be allowed, and the capacity and weight limitations of this section will not be applicable to such containers.
A. To further the public welfare, limit the amount of Solid Waste requiring disposal in landfills or other methods, to enhance the economy, to comply with statewide Solid Waste regulations, Solid Waste services shall be required in a manner that promotes waste reduction and resource preservation throughout the City.
B. Every person in possession, charge, or control of any single-family dwelling, multi-family dwelling, or commercial premises shall ensure that arrangements are made to properly dispose of the Solid Waste created, produced, or accumulated on the premises through maintaining a subscription for regular Solid Waste collection services from the City or, where permissible, self-hauling and/or subcontracting services.
C. All persons shall dispose of or recycle Solid Waste in the manner provided in this chapter.
D. No person except the City or an authorized collector shall collect or transport Solid Waste or provide Solid Waste services within the City unless specifically authorized by the City, with the following exceptions:
1. Collection, transfer, handling and disposal of hazardous waste;
2. Collection, transfer, handling and disposal of medical waste;
3. The removal and transportation of waste vegetation derived from landscaping activities by the owner or occupant of the property from which the material is derived, or by persons licensed to do landscaping or tree trimming business in the City and providing service to the owner or occupant of the property from which the material is derived;
Packet Pg. 781 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
4. Collection, transport, disposal or recycling of litter by an individual or volunteer group of individuals;
5. Community or neighborhood clean-up activities operated in cooperation with the City or an authorized person;
6. City crews collecting, transporting, disposing or recycling and transporting Solid Waste to a transfer station, processing facility, landfill, or material recovery facility.
9.28.190 Receptacles—Cleanliness required.
It is the duty of every person served under this chapter to keep the garbage receptacle Solid Waste containers used in the service of that person in a clean and sanitary condition.
9.28.200 Receptacles—Placement for collection Containers – Collection.
All receptacles used shall be kept in some convenient and accessible place to be designated by the person charged with the administration of this chapter, and shall not be situated more than forty feet from any curb or alley, accessible to the person collecting the garbage and refuse.
Automated-refuse containers shall be placed no further than two feet from the curb and away from any obstruction that may interfere with the safe operation of the sanitation equipment. Cans shall be placed no earlier than twelve hours prior to scheduled pickup time, and shall be moved back to a "proper storage location" not later than twelve hours after collection. "Proper storage location" means beside or behind the house or building, or an area or enclosure, so that to the maximum extent possible the automated-refuse container is not visible from the public right-of-way.
A. All containers used shall be kept in some convenient and accessible place to be designated by the person charged with the administration of this chapter, and shall not be situated more than forty feet from any curb or alley, accessible to the person collecting the garbage and refuse unless otherwise strictly approved by the City on a case-by-case scenario.
B. With the exception of unacceptable waste, ownership of which shall remain with the generator unless arrangements for collection by the City and/or a different hauler have been made, any Solid Waste, including recyclables, placed on any public street, sidewalk or any other location designated for the collection of Solid Waste, shall be conclusively presumed to have been discarded. The title of the collected material shall pass to the City.
C. On collection day, automated-refuse containers shall be placed no further than two feet from the curb and away from any obstruction that may interfered with the safe operation of the sanitation equipment. Cans shall be placed no earlier than twelve hours prior to scheduled pickup time, and shall be moved back to a “proper storage location” not later than twelve hours after collection. “Proper storage location” means beside or behind the house or building, or an area or enclose, so that the maximum extent possible the automated-refuse container is not visible from the public right-of-way.
9.28.210 Receptacles Containers—On streets.
Notwithstanding anything provided in this code, the City Council may grant a franchise to or contract with, any person to place and install upon City streets in such locations as may be approved by the City Council, and upon such terms and conditions which the City Council may Packet Pg. 782 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety)) impose, refuse cans for the purpose of the collection of refuseSolid Waste. The City Council may allow advertising to be placed upon such refuse cans; provided, that they are maintained neat in appearance and in good sanitary condition.
9.28.220 Wrapping garbage Solid Waste.
All garbage coming from household waste incurred in the preparation of food shall be first drained and enclosed in paper or plastic before being placed in the garbage receptacle Solid Waste containers.
9.28.230 Clear path to receptacle container.
It is the duty of the occupant of the premises served to keep a clear path from the street or alley to the garbage or refuse receptacle Solid Waste containers.
9.28.270 Landfill—Scavenging- Prohibited.
A. It is unlawful for any person to scavenge, salvage, or otherwise remove any material of any nature whatsoever from the area occupied by and operated as the City's sanitary landfill, or to go upon such area for any purpose not authorized by this code; except that the City may by contract authorize a nonprofit organization to salvage materials and conduct other operations of benefit to the general public.
B. It is unlawful for any person to scavenge, tamper with, destroy or otherwise deface any collection container or its material contents for any personal or professional or commercial use.
C. This section shall not apply to the activities of the City, an authorized collector, the owner or occupants of a premise, or a person authorized by the City.
BD. Any person violating the provisions of this section is guilty of an infraction.
9.28. 280 Recycling – Required.
A. Every person shall ensure that all designated recyclable, green waste, and food waste materials shall be separated from other Solid Waste in accordance to the services offered by and/or allowed within the City. The disposal of designated recyclable, green waste, and food waste materials mixed with other Solid Waste is prohibited. The failure to comply with the requirements of this section is a threat to the public health, safety and welfare, and is declared and deemed a violation.
B. Every person in possession, charge or control of any place or premises within the City shall ensure that tenants, lessees, employees and/or occupants have access to on-site recycling services as offered by the City.
C. On-site recycling and organic material diversion services required under this article shall:
1. Collect at least the following materials: paper (mixed and office paper), plastic bottles and Containers labeled with the universal recycling sign #1 and #2, aluminum cans, corrugated cardboard, glass bottles, and jars; Packet Pg. 783 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
2. Collect green waste material;
3. Collect food scraps;
4. Provide containers, collection, capacity, and storage areas;
5. Remove the recyclable or organic material by either:
a. Establishing services with the City; or
b. Transporting the recyclable and/or organic materials to a licensed transfer station, processing facility, landfill, or material recovery facility.
D. The City may update the list of recyclable materials required to be recycled at a future date, as allowed by the City’s capacity and/or pursuant to state laws. Such list may be accessible, primarily, on the City’s website and may be available to every person upon request.
E. Every person in possession, charge or control of any place or premise within City limits shall provide proper recycling information and instructions in accordance with statemandated recycling laws to:
1. All tenants, occupants and employees of the premises annually;
2. A new employee, occupant or tenant no later than the 14th day after the tenant occupies or employee begins work at the premises; and
3. All employees or tenants not later than the 14th day after substantive changes in the recycling service offered at the premise and or by the City.
9.28.290 – Commercial generators – Compliance and waivers.
A. Each commercial generator, including all multi-family dwelling units of five units or more, shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter.
B. Each commercial generator shall subscribe to a level of service that is sufficient to handle the volume of recyclable and organic materials generated or accumulated on the premises.
C. Each commercial generator shall ensure the proper separation of Solid Waste, as established and updated by the City, by placing each type of material in designated containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper separation.
D. Each commercial generator shall use containers to collect and store recyclable and organics material, and shall designate areas to collect and/or store these materials. Additionally:
1. Each commercial generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and organic materials are collected and/or stored that specify the materials to be recycles and hot to recycle such material.
Packet Pg. 784 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
2. The City shall notify and instruct commercial generators in writing of applicable recycling and organics requirements.
3. Upon request by commercial generators, the City will also provide outreach and training to commercial generator employees and tenants regarding what materials are required to be recycled and how to recycle such material.
E. Commercial generators seeking a waiver shall submit their request for a waiver to the City via the approved process. After reviewing the request, the City may either approve or deny the waiver request. Requirements for waivers are subject to change in accordance with state regulations. Commercial generators may apply for a waiver if one or more of the following apply:
1. Generates more than two cubic yards per week of total Solid Waste but less than 20 gallons per week of organic waste.
2. Generates less than two cubic yards per week of total Solid Waste and less than 10 gallons per week of organic waste.
3. Collection frequency of a blue and gray container takes place on a bi-weekly as opposed to weekly basis.
4. Commercial generators that can provide documentation that no recyclable or organic material is generated on the premises.
5. Commercial generators that can provide documentation of a shared container for recyclable and/or organic materials with adjacent commercial facilities or multifamily dwellings.
6. Commercial generators that can provide documentation that the generated recyclable and/or organic material is self-hauled or hauled by an approved collector and is hauled to a licensed facility.
7. Commercial generators that can provide documentation of the lack of adequate physical space for recycling and/or organic waste containers.
9.28.300 Materials prohibited in containers.
Hazardous waste, medical waste, unacceptable waste, earth, rocks, e-waste, u-waste, human waste and other potentially infection material, and liquid wastes shall not be deposited or placed in the provided containers.
9.28.310- Design of projects to include facilities for recyclable materials.
New and substantially remodeled commercial, industrial and multifamily residential premises shall be designed to include space for storage and collection of Solid Waste materials, recycling and organics included. The design shall be submitted for approval to the City and shall meet all applicable regulations.
Packet Pg. 785 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))
9.28.300 9.28.320 Violations.
A. Any person violating the provisions of Sections 9.28.040, 9.28.050, 9.28.070 or 9.28.100 shall be charged with a misdemeanor and subject to a fine of up to one thousand dollars for each offense. Any person so charged may seek to have the charges dismissed by completely removing and cleaning the garbage or rubbish or other matter which had been dumped, deposited or accumulated, and giving written notice of such cleanup by personal delivery to the city clerk's office no later than three days following the date of citation or arrest.
Cleanup by the person so charged shall not be deemed an admission of guilt. Upon confirmation by the litter abatement officer or other duly authorized representative of the city, a certification that cleanup has occurred shall be filed with the court, and the charge dismissed.
A. Any Responsible Party, as that term is defined in Chapter 1.13, responsible for any violation of this Chapter shall be subject to the following administrative penalties:
1. For a first violation within a one year period of time, the amount of the fine shall be $100, per violation.
2. For a second violation within a one year period of time, the amount of the fine shall be $200, per violation.
3. For a third or subsequent violation within a one year period of time, the amount of the fine shall be $500, per violation.
B. Violation of all other sections in this chapter shall be prosecuted Except as otherwise provided, a violation of any section within this Chapter is punishable as an infraction.
Packet Pg. 786 Attachment: ^Ordinance - strikeout (9.11(h)--Ordinance amending RMC Title 9 (Health and Safety))