Redding City Council
August 2, 2022

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the (AGENCY NAME), hereinafter referred to as AGENCY, will commence on May 15, 2022, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.

AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2024.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.

Packet Pg. 806 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in (enter project title here), hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. AGENCY [is/is not] requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e) and the parties agree that AGENCY must satisfy all of the requirements of California Streets and Highways Code section 94.41(e) and the requirements established by CALTRANS before the AGENCY may receive the advance payment. The advance payment may not exceed 30% of the grant award or $1,000,000, whichever is smaller. As a part of the final invoice and close out report, AGENCY must submit expenditures to reduce and reconcile the advance payment. Failure to do so will trigger recovery of any remaining advance balance. This recovery may include issuance of an accounts receivable bill, repayment plan, reduction/offset on invoices from other current or future projects, and/or sanctions on any future advance request. If CALTRANS approves advanced payment, AGENCY shall invoice for 100% of the advanced payment, in one invoice, within 90 days of the execution of this RGA.

6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
Packet Pg. 807 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

7. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-001
State Program Code

20.30.010.900
FY 2021/22
FY2022/231
$X,XXX.XX
$X,XXX.XX
Cash Local Match Agency Provided $X,XXX.XX
Value of Third-Party In-Kind
Contributions
Agency Provided $X,XXX.XX
Total of other fund sources
(not in-kind contributions)
Agency Provided $X,XXX.XX
Total Project Costs $X,XXX.XX
No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

9. Notification of Parties
a. AGENCY’s Project Manager for Project is (NAME AND PHONE NUMBER). b. CALTRANS’ Contract Manager is (NAME AND PHONE NUMBER). “Contract Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
(AGENCY Name)
Attention: (Grantee Project Manager), (Project Manager Title) Phone Number: (XXX) XXX-XXXX
Email:

Address
City, California Zip
Packet Pg. 808 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

California Department of Transportation
(District/Division)
Attention: (Contract Manager), (Contract Manager Title) Phone Number: (XXX) XXX-XXXX
Email:

Address
City, California Zip

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on May 15, 2022, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2024.

Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2024. Work incurred after June 30, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2024. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2024 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS Contract Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $XXXX.XX.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein.

13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination.

Packet Pg. 809 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2022/23 funds will be contingent upon the passage of the FY 2022/23 Budget. Payment for any work performed that is funded by FY 2022/23 will be delayed if the FY 2022/23 Budget is not signed by June 30, 2022. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect.
c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.

15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY.

Packet Pg. 810 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations before any reimbursement payment is made by CALTRANS to AGENCY for such cost.
e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS Contract Manager , as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.

Packet Pg. 811 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2024.

16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2024.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.

17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable.

Packet Pg. 812 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

19. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

20. Iran Contracting Act
Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.

Packet Pg. 813 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Packet Pg. 814 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

Packet Pg. 815 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

25. INTENTIONALLY DELETED

26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS Contract Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS Contract Manager.
d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III– Payment and Invoicing, Item 14(e)(4), above.

Packet Pg. 816 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:

Packet Pg. 817 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

Packet Pg. 818 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this Packet Pg. 819 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to Packet Pg. 820 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork.

Packet Pg. 821 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.

35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager

37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS Contract Manager no later than November 1, 2024.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS Contract Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2024.

Packet Pg. 822 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

Packet Pg. 823 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Agency Name
Agreement Number CCL-LOCODE-XXX
AMS ADV ID: XXXXXXXXXX

Section IV
Attachments:

The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.

I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

AGENCY NAME
By: By:

Printed Name:

Gretchen Chavez
Printed Name:

Title:

Office Chief
Clean California Local Grant Program
Division of Local Assistance
Title:

Date: Date:

By:

Printed Name:

Title:

Date:

Packet Pg. 824 Attachment: Clean California Local Grant Program (State) Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for North Block Second Amendment to the Development Agreement Between the City and Block 7 Retail Investors, LLC

SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT
This Second Amendment to the Development Agreement is entered into between the City of Redding (“City”) and Block 7 Retail Investors, LLC (“Developer”) further amends the Development Agreement (“Agreement”) dated November 8, 2019, and amended on October 23, 2020 is hereby amended as follows:

Section 1.7.5 is hereby added to read as follows:
“Park Site” shall mean an approximately 13,740 square foot parcel of land described as PARCEL B in Exhibit A and depicted in Exhibit B of the Park and Recreation Facilities Impact Fee Reimbursement Agreement Between the City of Redding and Block 7 Retail Investors, LLC for the Construction of a Downtown Park Plaza (Park Agreement) attached as Exhibit 10.

Section 1.16 is hereby amended to read in its entirety as follows:
“Final Plans” are the complete City-approved set of architectural, structural and civil engineering plans and specifications for the Parking Project (the “Parking Project Final Plans”) and Park Project (the “Park Project Final Plans”) that include the City’s Development Services and Land Development Divisions’ conditions of approval.

Section 1.22 is hereby amended to read in its entirety as follows:
"Parking Project" or "Project" shall mean the development of the parking improvements to be constructed on the Parking Property in accordance with the Parking Project Final Plans and this Agreement. The development of the improvements include, but are not limited to, the construction of a parking facility that will include approximately 398 spaces, but no less than 311 spaces. Additional Parking Project detail is further described and provided in this Agreement, the Scope of Development and the Parking Project Final Plans. “Park Project” shall mean the development of the park improvements to be constructed on the Park Site in accordance with the Park Project Final Plans and this Agreement. The development of the improvements include but are not limited to the design, engineering and construction of a park facility that will include an urban park and lighted pedestrian path.

Additional Park Project detail is further described and provided in this Agreement, the Scope of Development and the Park Project Final Plans.

Section 2.2 is hereby amended to read in its entirety as follows:

2.2 Scope of Work. Following the Developer’s acquisition of the Parking Property, the Developer will construct the Parking Project in accordance with the Parking Project Final Plans and this Agreement as amended.

It is also contemplated that the Developer will serve as the developer to complete the IIG Program capital improvements project noted in Recital G and further defined in the IIG Standard Agreement #17-IIG-12072.

Packet Pg. 825 Attachment: Second Amendment to Block 7 North Block Development Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for Second Amendment to the Development Agreement Between the City and Block 7 Retail Investors, LLC

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, the Final Plans and the IIG Standard Agreement #17-IIG-12072, incorporated herein by this reference.

It is further contemplated that the Developer will serve as the developer to complete the Clean California Local Grant (CCLG) Program park improvements project defined in Attachment III of the CCLG Restricted Grant Agreement #CCL-5068(067).

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, the Final Plans and the CCLG Restricted Grant Agreement #CCL-5068(067), incorporated herein by this reference.

Section 3.1.3 is hereby amended to read in its entirety as follows:

3.1.3 CDBG Section 108 Program. It is anticipated that the City will apply for the maximum allocation of CDBG 108 Program funds in the approximate amount of $3,737,000 for uses within the Block 7 Project with approximately $2,800,000 available to fund HUD-approved Section 108 Program eligible activities that include but are not limited to infrastructure improvements, façade improvements and/or predevelopment categories that enable commercial space to be developed that creates and/or retains jobs within areas specified and approved in the Section 108 Program application. If a sufficient allocation is granted, City will award such grant funds directly for the purpose of completing City-required street, alley, underground utility infrastructure improvements and other amenities in accordance with the CDBG rules and regulations. The City will facilitate the Section 108 Loan infrastructure project procurement, contracting and construction process in coordination with our Block 7 development team and their respective Block 7 Projects.

Section 3.1.5 is hereby added to read in its entirety as follows:

3.1.5 The City and The McConnell Foundation, as co-applicant, have received a financial commitment from the Clean California Local Grant Program (Park Grant) from the California Department of Transportation (Caltrans). Specifically, Caltrans awarded Park Grant funds in the amount of Three Million Eight Hundred Eighty Nine Thousand Four Hundred Eighty and No/100 Dollars ($3,889,480). The Park Grant will be granted by Caltrans to the City and the City will reimburse Developer for the costs of the park improvements as further defined in the Restricted Grant Agreement that will create the Park Project for City recreational use. The Park Grant funding will be disbursed in accordance with the Restricted Grant Agreement.

The Exhibit 8 attached to this Amendment shall replace in its entirety the Exhibit 8 attached to the Development Agreement dated November 8, 2019, and amended on October 23, 2020.

The Exhibit 10 attached to this Amendment is hereby incorporated into the Development Agreement dated November 8, 2019, and amended on October 23, 2020, and shall hereafter appear as Exhibit 10 to the same
All other terms and conditions of the Agreement shall remain in full force and effect.

The Effective Date of this Second Amendment to the Development Agreement shall be the date executed by the City.

Packet Pg. 826 Attachment: Second Amendment to Block 7 North Block Development Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for Packet Pg. 827
Attachment: Second Amendment to Block 7 North Block Development Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for EXHIBIT 8

SCOPE OF DEVELOPMENT
I. GENERAL
The location of the Parking Project is the Parking Property as further described and specifically delineated on the Legal Descriptions associated with this Development Agreement (Agreement).

The Developer agrees that all work completed on the Parking Property will be in accordance with the provisions of this Agreement and the Parking Project Final Plans.

The location of the Park Project is the Park Site as further described and specifically delineated on the Legal Descriptions associated with this Development Agreement (Agreement). The Developer agrees that all work completed on the Park Site will be in accordance with the provisions of this Agreement and Park Project Final Plans.

II. DEVELOPMENT
A. The Developer shall develop, construct, operate, manage and maintain the Parking Project. The Parking Project development includes, but is not limited to, the Developer completing the following:
i. Developer shall, with assistance from the City’s Community Development Manager, create and implement an interim, off-site parking plan that includes marketing the plan to adequately inform the public of alternative parking facilities/spaces available to the public; facilitate signage of the alternative parking locations; and monitoring parking in the area to analyze demand, understand impacts, and identify potential needs, if any;
ii. Developer in accordance with the IIG Standard Agreement (17-IIG-12072) complete the Capital Improvement Project that will include a minimum 398 stall multi-story parking structure to support the Block 7 Project in two ways:
1) To comply with the requirements of the Parking Action Plan component of the Downtown Redding Community Based Transportation Plan make available 1 stall per residential unit in the Block 7A Affordable Housing Project for a total of 78 stalls; and 2) To replace 21 stalls utilized by the Downtown Redding Transit Center. iii. Except for those stalls reserved for use by Shasta College and the occupied spaces for the Block 7 Affordable Housing Project, the Developer shall cause the parking structure to be available for use by the general public and local businesses, on a first-come, first-served basis at hourly, daily, weekly or monthly rates. The Developer shall operate the parking facility 24 hours per day, seven days per week.
iv. The Developer, at its sole expense, agrees to operate, maintain and provide, management, janitorial and custodial services, trash and garbage removal services, and any and all other related services to maintain the parking structure in good, safe, sanitary condition and repair throughout the life of the parking structure. The Developer shall staff the parking structure with sufficient personnel to assure its lawful and effective operation.

Packet Pg. 828 Attachment: Second Amendment to Block 7 North Block Development Agreement (9.2(c)--Approve Agreements & Authorize Resolutions for v. It is contemplated by the parties that the Commercial, Retail and Market-Rate Housing Project will include: a three- to five-story retail/commercial building that faces Tehama Street; and a mixed-use building that contains retail/commercial space and 8 to 20 market-rate residential units. Other than the Parking Project, the development of the Commercial, Retail and Market-Rate Housing Project is not governed by the Agreement. vi. The Developer shall dedicate the necessary public easements that include, but are not limited to, waterlines, wastewater lines, Redding Electric Utility (REU) facilities, and all joint trench facilities. In addition, it is understood that as the development plans are finalized and other public service easements are required, the Developer will reserve and dedicate or cause to be reserved and dedicated those to the City.
vii. The Parking Project will be pursuant to the Agreement, this Exhibit, and all conditions set forth in any City permit issued for the Commercial, Retail and Market-Rate Housing Project.
viii. The Developer shall commence and complete the Parking Project by the respective times established therefore in the Schedule of Performance.

B. The Developer shall develop, construct and manage the Park Project. The Park Project development includes, but is not limited to, the following:
i. convert “Park Site” in accordance with the Clean California Local Grant Program Restricted Agreement CCL-5068(067) from a parking lot to a downtown park plaza that will meet the needs of an underserved population, provide recreational use, litter abatement and provide distinctive inviting park features.;
ii. The Work shall be performed strictly in accordance with the Park Project Final Plans at the direction of the Developer based on the City of Redding Construction Standards and reviewed and approved by the CITY.

III. DEVELOPMENT STANDARDS
The Improvements shall conform to all applicable state laws and regulations and to applicable provisions of the Municipal Code of the City of Redding (the ”Municipal Code“); all applicable City of Redding development and zoning code requirements; and any and all permits issued for the Project.

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CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the following:
(1) Authorize the Mayor to execute the Park Dedication and Easement Agreement with the Shasta-Tehama-Trinity Joint Community College District related to a portion of property located at 1400 Market Street further described and shown on Exhibit A and Exhibit B (the Property and Easement);
(2) Based on the facts in the record, make the finding that the acceptance of the Property, establishment of an Easement, and the potential development of a park are categorically exempt under California Environmental Quality Act (CEQA) Guideline Section 15061(b)(3) and 15304, Class 4 Minor Alterations to Land; and (3) Authorize the City Manager to execute any other documents to complete the Property transaction.

Fiscal Impact
The dedication of the property transaction, the design and construction of the improvements, and the maintenance of the City park will not have an impact on the General Fund. There is a minimal cost related to the escrow transaction.

In April 2022, the City of Redding (City) and The McConnell Foundation were awarded $3,889,480 from the California Department of Transportation’s (Caltrans) Clean California Local Grant Program. These funds, combined with City’s Park and Recreation Facilities Impact Fees, funded by the Market Center and Block 7 Projects, will finance the design and development of the park. As proposed, ongoing maintenance of the City park could be funded by the potential downtown property-based improvement district or a landscape maintenance district, which are conditions within the Park Agreement to be considered by the City Council (Council) at the June 21, 2022, meeting.

MEETING DATE: June 7, 2022
ITEM NO. 4.2(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(b)--Park Dedication and Easement Agreement Steve Bade, Deputy City
Manager
Packet Pg. 874 Attachment: Previous Staff Report - June 7, 2022, item no. 4.2(b)-Shasta College Park Dedication and Easement (Downtown) (9.2(c)--Approve Report to Redding City Council June 1, 2022
Re: 4.2(b)--Park Dedication and Easement Agreement Page 2 Alternative Action
The Council could choose not to approve the Park Dedication and Easement Agreement and the property would remain as a parking lot for the Shasta-Tehama-Trinity Joint Community College District’s (District) Downtown Redding Campus.

Background/Analysis
In September 2019, the Council approved the North Block Parking Project that included authorization for the City Manager to negotiate a non-binding Memorandum of Understanding with the District for the transfer of property associated with the development of a public park. On November 19, 2019, the District and the City executed a Memorandum of Understanding Regarding Intent to Enter into a Park Dedication Agreement for the transfer of property associated with the development of a public park.

On May 11, 2022, the District Board of Trustees approved the Park Dedication and Easement Agreement (Agreement). Pursuant to the Agreement, the City would administratively split the property into two smaller parcels with the entirety of the parking lot situated on the southern portion of the property becoming a separate and independent parcel as described in Exhibit A and depicted in Exhibit B of the Agreement. The remainder of the property will be designated as Parcel A, and will remain in fee simple ownership by the District. Subsequent to the parcel split, the District will deed Parcel B to the City for purposes of developing a park, subject to an easement burdening Parcel A and benefiting the City.

The Agreement states that the District will convey fee simple title to Parcel B by grant deed, and in return, the City acknowledges that the property will be for park or recreational use. The effective date of the Agreement is May 11, 2022, with a 60-day escrow period closing before July 10, 2022.

In November 2021, Remedy Engineering, Inc., was retained by the City to complete a Phase I Environmental Site Assessment (ESA) for the subject Property. The ESA revealed 18 Controlled Recognized Environmental Conditions, one Historical Recognized Environmental Condition, and one Recognized Environmental Condition in connection with the subject property. Based on the information presented in this Phase I ESA, a Phase II Environmental Site Assessment is not warranted.

The subject property is currently covered by an asphalt parking lot and has no discernible environmental attributes as to plant or wildlife. The subject property consists of 13,741 squarefeet, which is of minor area. Any tree that may be removed as a result of construction of the park will be an ornamental tree. There are no heritage or scenic trees that will be impacted.

Additionally, any vegetation removed will be replaced with new landscaping of like kind.

Pursuant to the CEQA Guidelines, there is no substantial evidence that the proposed dedication of the property could have a significant effect on the environment. However, the dedication of the property will facilitate the development of a park (collectively “the project”). Staff proposes that the Council finds that there is no possible significant effect directly related to the project because it will not cause a substantial or adverse physical change in the environment, and therefore no further action is required under CEQA 15061(b)(3) and, independently, that the project is categorically exempt from CEQA under Section 15304, Class 4 Minor Alterations to Land.

Packet Pg. 875 Attachment: Previous Staff Report - June 7, 2022, item no. 4.2(b)-Shasta College Park Dedication and Easement (Downtown) (9.2(c)--Approve Report to Redding City Council June 1, 2022
Re: 4.2(b)--Park Dedication and Easement Agreement Page 3 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.”
Attachments
^Park Exhibits A and B
Park Dedication and Easement Agreement
Packet Pg. 876 Attachment: Previous Staff Report - June 7, 2022, item no. 4.2(b)-Shasta College Park Dedication and Easement (Downtown) (9.2(c)--Approve

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions regarding the Block 7 Affordable Housing Project and North Block Parking Project:
(1) Approve the Purchase and Sale Agreement (PSA) between the City of Redding (City) and Block 7 Land Acquisition Company, LLC (Block 7 LAC), for City-owned property (Assessor’s Parcel Numbers (APN) 101-790-034, 101-790-033 and a portion of 101- 790-032) at fair market value of $120,000; authorize the Mayor to execute the PSA; authorize the City Manager to execute any additionally required documents to complete the property transaction; and direct that the proceeds of the property be used for parking mitigation;
(2) Approve and authorize the Mayor to execute the Block 7 Development Agreement (Block 7 DA) between the City and Block 7 Downtown Investors, LP (Block 7 DI), providing a City Development Loan in an amount not to exceed $7,862,000; authorize the City Manager to execute any other documents to complete the associated transactions within the Block 7 DA; and direct the City Manager and Finance Director to set forth the terms and conditions of a short-term cash borrowing limit from a City-held reserve account, in an amount not-to-exceed $4,000,000, to facilitate the disbursement of Affordable Housing Sustainable Communities Program (AHSC) grant/loan funds. The terms and conditions of the short-term cash will be brought back to the City Council for approval;
(3) Authorize the City Manager to negotiate a non-binding Memorandum of Understanding with Shasta College for the transfer of property associated with the development of a public park adjacent to the Affordable Housing Project; (4) Authorize the City Manager to negotiate and sign an Agreement Letter for the associated underground utility upgrades required by the City utilizing applicable enterprise funds in an amount not to exceed $1,160,000;
(5) Adopt Resolution authorizing the City Manager to submit an application to the United States Department of Housing and Urban Development (HUD) Community Development MEETING DATE: September 30, 2019
ITEM NO. 9.4(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.4(c)--Consider Purchase and Sale agreement; Development agreements; Memorandum of Understanding; Agreement Letter; Resolution; and other actions all relating to the Block 7 Affordable Housing Project and North Block Parking Project.

Larry Vaupel, Development
Services Director
Packet Pg. 877 Attachment: Previous Staff Report- September 30, 2019, item no. 9.4(c)-Block 7 and North Block DA Parking and Affordable Housing (9.2(c)-- Report to Redding City Council September 24, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 2 Block Grant Section 108 Loan Guarantee (Section 108) Program in an amount not to exceed $3,500,000; and
(6) Approve and authorize the Mayor to execute a North Block Development Agreement (North Block DA) between the City and Block 7 Retail Investors, LLC, for the development of the Parking Project; and authorize the City Manager to execute any other documents to complete the associated transactions within the North Block DA.

Future actions may be required by the City Council to formalize and document certain transactions.

Fiscal Impact
The City Development Loan of $7,862,000 will be comprised of the following federal, state and local grant and/or loan funding sources that are administered by the City and do not impact the general fund.
▪ The maximum HOME Investment Partnerships (HOME) allocation is $4.9 million.

The City currently has approximately $700,000 in its HOME program budget from a combination of program income and 2018 and 2019 entitlement contract funds. The remaining $4.2 million will be funded by program income and contract funds received between Fiscal Years 2019-2023. Committing the HOME funding to this project will reduce the amount of HOME funding available to other projects until 2023. This timeframe may be reduced as program income is received; ▪ The City has approximately $900,000 of CDBG Declared Disaster Recovery (DDR) funds available for infrastructure improvements that facilitate the development of affordable housing units. Committing these funds will not negatively impact other projects;
▪ It is anticipated that by Fiscal Year 2021-22, Successor Housing Agency (SHA) property sales and loan proceeds will be receipted and $500,000 would be available from the Low and Moderate-Income Housing Asset Funds (LMIHAF); ▪ The Affordable Housing Leverage Fund (AHLF) currently has $500,000 available to serve as a short-term loan to front City committed affordable housing financing that will be paid back by the respective funding sources. Over the next year, existing project commitments will be repaid and an additional $400,000 will be available.

Expending these funds will not negatively impact other projects and, as proposed, the funds will be repaid with HOME, CDBG DDR or SHA funding as they are available; and
▪ The remaining approximately $700,000 will be funded by a portion of the Section 108 Program and/or Housing Authority of the City of Redding (RHA) Housing Choice Voucher Program to leverage other financial resources to reduce the gap.

The State of California Housing and Community Development (HCD) AHSC Program funds in the amount of $19,959,536 and the Infill Infrastructure Grant (IIG) Program funds in the amount of $4,000,000 are grant and/or loan funds provided by HCD to The McConnell Foundation (TMF), K2 Land & Investment, LLC (K2) and the City. These funds are distributed in accordance with their applicable Standard Agreements and the subject development agreements.

Utilization of Section 108 Program funding in the amount of $3,500,000 will require the City to enter into a 20-year repayment agreement with HUD that will be repaid by pledging a portion of current or future CDBG allocations. The terms of the loan and the repayment agreement will be brought back to the City Council for consideration following HUD’s anticipated approval.

Packet Pg. 878 Attachment: Previous Staff Report- September 30, 2019, item no. 9.4(c)-Block 7 and North Block DA Parking and Affordable Housing (9.2(c)-- Report to Redding City Council September 24, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 3 To coordinate construction disbursements with AHSC and IIG Program reimbursements, the City’s Housing and Community Development Division would borrow short-term cash from a City-held reserve account. The City Manager and the Finance Director will set forth the borrowing limits, in an amount not-to-exceed $4,000,000, and the terms and conditions for the short-term cash loan. Any short term cash borrowed would include interest-owed.

Alternative Action
The City Council (Council) could modify the PSA, Block 7 DA or the North Block DA and provide an alternative direction to staff, or approve the above with modifications. Modifications would require additional negotiations with TMF, K2 or their associated partnerships. Project delays could result in the project not moving forward.

The Council could also choose to not approve the PSA, Block 7 DA or the North Block DA.

The approximately $24 million AHSC and IIG Program funding sources may be in jeopardy and the subject projects could not proceed. In addition, local financial commitments are required as leverage and to be eligible for the LIHTC Program. Without local funding commitments, it is possible that Block 7 DI would not be able to secure LIHTC Program funding for the Block 7 Affordable Housing Project.

Background/Analysis
In October 2017, TMF and K2 submitted a request to partner with the City to apply for HCD AHSC and IIG Program funds and to negotiate a fair market value purchase agreement for Cityowned property commonly known as 1407 and 1641 California Street that include APNs 101- 790-034 and 101-790-033 and a portion of 101-790-032 (the Property). A location map of the Property divided into development Areas I, II and III is attached for reference. To set forth preliminary terms and conditions for the purchase agreement and affordable housing financing, a Non-Binding Letter of Intent and a Conditional Commitment Letter were executed in December 2017 and January 2018, respectively.

In June 2018, HCD awarded the City, TMF, and K2 AHSC Program funds in the amount of $19,959,536 for the development of the Affordable Housing Project. IIG Program funds in the amount of $4,000,000 were awarded for a capital improvements project that includes the development of a 100-stall parking facility that will be available to the public and support the Block 7 Affordable Housing Project.

PURCHASE AND SALE AGREEMENT (PSA)
Staff was authorized to negotiate a PSA with TMF and K2 for the Property. To facilitate the PSA negotiations, staff retained Edwards Hahn Valuation Advisory to determine the fair market value. On May 9, 2019, Edwards Hahn Valuation Advisory issued an appraisal of the Property, determining that the fair market value of a fee interest in the Property as of April 17, 2019, is $120,000. The fair market value considered a vacant land valuation and the costs to demolish the parking structure and bring the property to a vacant land condition.

Block 7 Land Acquisition Company (Block 7 LAC), a limited liability company owned by TMF and K2, was formed for the purpose of acquiring the Property and completing the demolition of Packet Pg. 879 Attachment: Previous Staff Report- September 30, 2019, item no. 9.4(c)-Block 7 and North Block DA Parking and Affordable Housing (9.2(c)-- Report to Redding City Council September 24, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 4 the existing parking structure on the Property. The City and Block 7 LAC have negotiated a PSA that includes the following:
▪ Block 7 LAC will pay the appraised fair market value for the Property that considers the reservation of the abandoned Butte and Yuba Street right-of-ways; ▪ Block 7 LAC and the City shall share the responsibility of hazardous materials remediation with a tiered funding responsibility. If environmental cleanup or remediation are discovered, the City shall fund the initial $75,000; if the costs exceed $75,000, Block 7 LAC will fund the remediation until the costs exceed $150,000; the City shall bear the responsibility thereafter until the costs of remediation exceed $225,000. If the amount exceeds $225,000 the parties will meet and confer to consider next steps which will be brought back to the City Council for approval, if necessary.
▪ Specific conditions to close escrow include: execution of AHSC and IIG Standard Agreements; execution of development agreements for respective areas discussed later in this staff report; City approval of circulation, infrastructure and applicable site plans; and general due diligence items;
▪ Coordination of a pre-demolition conference hosted by the City for the adjacent property owners/businesses to provide timeline, scope of work, alternative parking locations other logistical items such as mailboxes and trash route access; ▪ Block 7 LAC shall construct a surface parking area in Area III to City standards, which will be available to the public for a period of up to five years; and ▪ General terms that include insurance, indemnification, termination, and rights, duties and obligations.

Upon Block 7 LAC’s acquisition and demolition of the Property, the delineated Areas I, II and III will be transferred to separate limited liability companies or limited partnerships. As proposed, Area I, will be transferred to Block 7 Downtown Investors, LP (Block 7 DI) formed by Community Revitalization and Development Corporation and Block 7 Downtown Investors, LLC. Block 7 DI was specifically created to develop, own, and construct the Affordable Housing Project.

BLOCK 7 DEVELOPMENT AGREEMENT (BLOCK 7 DA)
The Affordable Housing Project is an infill development at Area I, the mid-block between Butte and Yuba Streets. Specific terms and conditions of the Affordable Housing Project are the subject of the Block 7 Development Agreement (Block 7 DA) that includes:
▪ The construction of a four-story mixed-use building of approximately 100,000 squarefeet that includes approximately 8,200 square feet of commercial/retail space along California Street; 79 residential units, one manager’s unit and 78 units restricted to income-qualifying tenants; and approximately 50 on-site parking spaces; ▪ Infrastructure improvements that include completing the reintroduction of the downtown grid by constructing Butte and Yuba Streets from the east side of the California Street Alley to California Street and expanding the California Street alley from 20 feet to 33 feet wide;
▪ Housing Related Infrastructure (HRI) underground utility improvements that include storm drain, water, electric and wastewater. As proposed the Block 7 DI and the City will develop an agreement letter that specifies the design criteria, timeline and the scope of work to construct the utility improvements. The cost of the improvements will be funded by the City and shall not exceed $1,160,000;
Packet Pg. 880 Attachment: Previous Staff Report- September 30, 2019, item no. 9.4(c)-Block 7 and North Block DA Parking and Affordable Housing (9.2(c)-- Report to Redding City Council September 24, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 5 ▪ To assist the City in complying with the requirements of the Parking Action Plan component of the Downtown Redding Community Based Transportation Plan and the Downtown Redding Parking Strategy, Block 7 DI will provide funding in an amount not less than $680,000 for parking mitigation efforts that include: signage, parking management equipment, offsite parking lot improvements, the cost of off-street lease agreements, and costs associated with marketing efforts; and ▪ AHSC Sustainable Transportation Infrastructure (STI), Active Transportation Program (PGM), Transit Related Amenities (TRA) improvements/activities that include:

Pedestrian and bicycle connections to transit and the Sacramento River Trail via a cycle track; expansion of pedestrian and bike safety, education and encouragement programs; free RABA monthly passes to the Affordable Housing Project tenants; creation of a Bike Share Program that includes membership vouchers for Affordable Housing Project tenants; and assisting with the development of a bike depot that includes bike storage for the Bike Share Program and public bike parking facilities.

The total development cost of the Affordable Housing Project is estimated to be $66 million. In June 2018, HCD’s AHSC Program announced that the City, TMF and K2 were awarded $19,959,536 for the Affordable Housing Project. The award includes affordable housing development loan funds in the amount of $7,508,416 (AHSC AHD Loan) and infrastructure and active transportation program and amenity grant funds in the amount of $12,451,120 for the items noted above with the STI, HRI, PGM and TRA categories. As proposed, the City will make a bridge loan to Block 7 DI in an amount not-to-exceed $7,508,416 upon completion of construction of the Affordable Housing Project to bridge the permanent AHSC AHD Loan.

Upon closing and funding of the AHSC AHD Loan at construction loan conversion, the City Bridge Loan shall be repaid in full. The $12,451,120 will be granted by HCD to the City and/or TMF to complete street, alley, underground utility infrastructure improvements, and other amenities in accordance with the AHSC Standard Agreement.

Urban greening, as part of the AHSC commitments, Block 7 DI shall construct a public park adjacent to the Affordable Housing Property on land currently owned by Shasta College as depicted on the attached map which is currently being utilized as a parking lot. To that end, Shasta College shall dedicate the park to the City for public use for no consideration. The park shall be constructed in accordance with plans prepared by the Developer and approved by the City.

In addition to the AHSC Program funding, federal and state tax credits, private financing, developer equity and affordable housing financing will be combined to fund the project. In December 2019, Block 7 DI is planning to apply for 4 percent tax credit funding through the Low-Income Housing Tax Credit Program (LIHTC Program) in the amount of approximately $25.5 million. In addition, Block 7 DI will obtain approximately $8 million in private permanent financing that will be combined with approximately $6.4 million of developer equity.

In accordance with the Conditional Commitment Letter, staff has negotiated the Block 7 DA that contains the specific terms and conditions of the City Development Loan to assist with the affordable housing financing for the project. The Agreement is contingent upon all funding sources being secured for the project. In accordance with the Agreement, to fund the $7.86 million commitment, staff proposes to provide a combination of Federal HOME Program funding that would consist of 2019-23 entitlement and program income funding, CDBG Declared Disaster Recovery (DDR), CDBG Section 108 Program, Successor Housing Agency (SHA) Low and Moderate-Income Housing Asset Funds (LMIHAF) and Affordable Housing Packet Pg. 881 Attachment: Previous Staff Report- September 30, 2019, item no. 9.4(c)-Block 7 and North Block DA Parking and Affordable Housing (9.2(c)-- Report to Redding City Council September 24, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 6 Loan Fund (AHLF) which shall constitute the City’s Development Loan to the Affordable Housing Project.

As proposed, the City’s AHLF, the $1 million Lowes mitigation funding, may be used to front the City’s financial commitment. As with past projects, the Lorenz Hotel, The Woodlands and Market Center, the AHLF was used as a short-term loan to front City-committed affordable housing financing and paid back by the respective funding source. As proposed, the AHLF would serve as a short-term loan and would be repaid by the respective funding sources.

Under the Agreement, the City’s Development Loan financing would be a residual receipts loan in an amount not-to-exceed $7.86 million at three 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.

The City HOME-funded loan will restrict five of the units to very low-income households and twenty of the units to low-income households. Affordability covenants will be recorded to assure that the HOME units will remain affordable for a 20-year period. In addition, due to the SHA funding, two units will be restricted to extremely low-income households secured by affordability covenants for a 55-year term. Covenants required by the other funding sources will assure that all of the 78 units carry affordability restrictions for 55 years commencing on the day of the City’s issuance of a certificate of occupancy.

In order to facilitate the City Development Loan, AHSC and IIG Program disbursements in a timely manner, the City’s Housing and Community Development Division would borrow shortterm cash from a City-held reserve account. The City Manager and City’s Finance Director would set forth the borrowing limits, in an amount not-to-exceed $4,000,000, and the terms and conditions for the short-term cash loan.

In addition to these financial resources, in June 2018, the RHA conditionally awarded 19 Project Based Vouchers (PB Vouchers) to the Affordable Housing Project. Block 7 DI will notify the RHA of the total number of the vouchers accepted and the RHA will negotiate a formal PB Vouchers agreement before construction of the Affordable Housing Project begins. The number of vouchers accepted will leverage additional private financing and fill a portion of the financial gap.

Other considerations in the Agreement include an administrative impact fee. It is recognized that the Affordable Housing Project is a unique project that will require close coordination and monitoring as well as additional administrative services by the City throughout the Affordable Housing Project’s pre-development, design and construction period. The City has determined that City-wide development impact fees are not sufficient to address the needs required by City staff to administer the Affordable Housing Project. As such, the City is imposing upon Block 7 DI to pay a project-specific administrative impact fee per City of Redding Municipal Code Section 16.20.120.B in the amount of $500,000 payable in four annual installments of $125,000.

NORTH BLOCK DEVELOPMENT AGREEMENT (NORTH BLOCK DA)
In accordance with the Conditional Commitment Letter, staff has negotiated the North Block DA, at Area II, between the City and Block 7 Retail Investors, LLC (Block 7 RI). Block 7 RI is a partnership formed by TMF and K2 as ADK Properties for the purpose of constructing and Packet Pg. 882 Attachment: Previous Staff Report- September 30, 2019, item no. 9.4(c)-Block 7 and North Block DA Parking and Affordable Housing (9.2(c)-- Report to Redding City Council September 24, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 7 owning certain onsite improvements located on Area I and/or II. The specific interest of the North Block DA is to facilitate the development of an infrastructure project that includes a multistory parking structure within a portion of Area II.

In response to an application submitted by TMF, K2 and the City, in June 2018, HCD awarded IIG Program funds in the amount of $4,000,000 for the development and construction of an infrastructure project that will include a minimum of a 100 stall multi-story parking structure to support the Block 7 Affordable Housing Project (Parking Project) at Area II in two ways: 1) to comply with the requirements of the Parking Action Plan component of the Downtown Redding Community Based Transportation Plan including one stall per residential unit in the Block 7 Affordable Housing Project for a total of 79 stalls; and 2) to replace 21 stalls utilized by the Downtown Redding Transit Center. The specific scope of work for the IIG funding is further defined in HCD’s IIG Standard Agreement.

As contemplated by Block 7 RI, the remaining portion of Area II will be developed into a market rate project that includes a combination of first floor retail as well as commercial office and residential housing. It is anticipated that additional stalls will be added to the Parking Project as the commercial/residential projects advance.

The Section 108 Program provides communities with a source of financing for economic development, housing rehabilitation, and public facilities. The Section 108 Program loan funds are borrowed by the City and repaid by the City through pledging current or future CDBG allocations over a 20-year term. If the Section 108 Program loan is approved, the City, as the borrower, would provide the funds to Block 7 DI and/or Block 7 RI which would be used for eligible activities that include but are not limited to infrastructure improvements, façade improvements and/or predevelopment categories that enable commercial space to be developed that creates and/or retains jobs within areas specified and approved in the Section 108 Program application. The Section 108 Program loan terms and conditions would be brought before the City Council for consideration at a later date.

There are multiple moving parts and layers to support the subject projects to move forward. The Council’s approval of the PSA, the Block 7 DA and the North Block DA demonstrates local commitment to the project that allows the development partners to competitively seek federal and state tax credits thereby allowing TMF, K2 and the City to move forward with the proposed developments that will create desirable mixed-use projects in Downtown Redding.

Overall, the projects accomplish a number of goals contained in the Downtown Redding Community-Based Transportation Plan and the Downtown Redding Specific Plan. The Parking Action Plan component of the Transportation Plan states that “as new mixed-use developments occur in Downtown Redding, the City desires to seek public/private partnerships and funding opportunities for capital improvement projects that will replace or create new parking facilities that complement new developments.” The Specific Plan’s vision “is to create a revitalized Downtown Redding that is attractive, safe, economically vibrant and respectful of historical and natural resources. It should have a lively mix of pedestrian- and bicycle-oriented shops, housing, workplaces, parks and civic facilities, inviting residents and visitors alike.” The projects identified further the restoration of the downtown street grid, create a new parking structure, provide market-rate and affordable housing units, create lively common and public spaces and stimulate additional investment in Downtown Redding.

Council Priority/City Manager Goals
Packet Pg. 883 Attachment: Previous Staff Report- September 30, 2019, item no. 9.4(c)-Block 7 and North Block DA Parking and Affordable Housing (9.2(c)-- Report to Redding City Council September 24, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 8 • 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
Location Map
Executed Purchase and Sale Agreement
Executed Block 7 DA 091919
Block 7 DA Exhibits 1 through 18
Executed North Block DA 092019
North Block Parking Project Exhibits 1-9
Section 108 Loan Program Resolution
Packet Pg. 884 Attachment: Previous Staff Report- September 30, 2019, item no. 9.4(c)-Block 7 and North Block DA Parking and Affordable Housing (9.2(c)--

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Accept oral presentation regarding the City of Redding's evacuation zone map prepared by the City of Redding Geographical Information System Division.

MEETING DATE: August 2, 2022
ITEM NO. 9.3(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.3(a)--Consider presentation regarding the City of Redding's evacuation zone map.

Tony Van Boekel, Chief
Information Officer/IT
Director
Packet Pg. 885

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the formation of a Tree Management Ordinance Update Committee consisting of two members appointed by each Council Member, and three Planning Commissioners, to be selected at the next regularly scheduled Redding City Council and Planning Commission meetings.

Fiscal Impact
There is no fiscal impact as a result of forming the proposed committee other than staff time and incidental expenses.

Alternative Action
The City Council (Council) may choose to not form the proposed committee and provide direction to staff.

Background/Analysis
Based on feedback received from the community, the Council requested that staff review and consider updates to RMC Chapter 18.45 – Tree Management (Tree Management Ordinance).

The current Tree Management Ordinance was originally adopted by the City Council on July 18, 2006, and it has not been updated since that time. Some community members have expressed interest in updating the Tree Management Ordinance to contain additional regulations aimed at better protecting and preserving native tree species. The formation of the Tree Management Ordinance Update Committee would be the first step in engaging community stakeholders and beginning discussions regarding what, if any, updates to the ordinance should be considered. The committee would consist of two members appointed by each Council Member, and three Planning Commissioners, to be selected at the next regularly scheduled City Council and Planning Commission meetings.

MEETING DATE: August 2, 2022
ITEM NO. 9.4(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.4(a)--Consider authorizing formation of a Tree Management Ordinance Update Committee.

Jeremy Pagan, Development
Services Director/Bldg
Official
Packet Pg. 886
Report to Redding City Council July 25, 2022
Re: 9.4(a)--Consider formation of Tree Management Ordinance Update Committee Page 2 Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Packet Pg. 887

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Accept the report from the City Attorney regarding the possibility of adopting an urgency ordinance to cease receipt and processing of new short-term rental applications under Redding Municipal Code Section 18.43.180 (Short Term Rentals); and provide direction to staff.

Fiscal Impact
None.

Alternative Action
None.

Background/Analysis
At the regular meeting of the City Council on July 19, 2022, the City Council considered a report from Planning Manager Lily Toy relating to the administration of the short-term rental program.

Short-term rentals are permitted under section 18.43.180 of the Redding Municipal Code.

As part of its consideration of the short-term rental program, the City Council received comments from the public. These public comments generally expressed concerns about how the short-term rental program is affecting the public general health and welfare. At the conclusion of the item, the City Council directed staff to return with options relating to amendment of Section

18.43.180 so as to minimize impacts to impacted neighborhoods.

Subsequent to the City Council’s consideration of the matter, one concerned citizen suggested that it may be beneficial to consider a moratorium on further short-term rentals while the City Council and staff considered ways to mitigate any nuisance impacts associated with short-term rentals. This memorandum addresses that possibility.

MEETING DATE: August 2, 2022
ITEM NO. 9.14(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.14(a)--Consider report relating to adoption of a moratorium on new Short-Term Rentals in the City of Redding.

Barry DeWalt, City Attorney
Packet Pg. 888
Report to Redding City Council July 25, 2022
Re: 9.14(a)--Consideration of Report Relating to Adoption of a Moratorium on New ShortTerm Rentals Page 2 In general, city ordinances must be adopted by means of a first reading and then a second reading which results in adoption of the ordinance. However, pursuant to Government Code section 65858, a City Council may adopt an urgency ordinance by a 4/5ths vote of the City Council if findings are made that the urgency ordinance is necessary to protect the public safety, health, and welfare. An urgency ordinance is effective immediately upon adoption and does not require a second reading.

Urgency ordinances are effective to establish a moratorium on existing, legal uses that may conflict with a contemplated zoning proposal that a City Council may be considering. In this instance, the zoning proposal to be considered is an amendment to section 18.43.180.

In the event the Council directs staff to prepare an urgency ordinance, it is recommended that the scope of the moratorium extend only to cease the receipt and processing of short-term rental applications received after the date of the adoption of the urgency ordinance. This would preserve the rights of all persons holding a current permit, would allow the renewal of an existing permit, and would not deny any person from completing and receiving action on an application filed before the adoption of the urgency ordinance.

Lastly, it should be noted that that adoption and extension of an urgency ordinance must follow a defined process. The City Council may adopt the urgency ordinance after notice of a public hearing. The initial urgency ordinance will have a relatively short term of forty-five days.

Government Code section 65858 then permits a renewal of the urgency ordinance, by a 4/5ths vote of the Council, up to a period of 10 months and 15 days.

Council Priority/City Manager Goals
This is a routine operational item.

Packet Pg. 889

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution amending the United Public Employees of California, Local 792 – Technical Employees Unit (UPEC Technical Unit)–Schedule of Classifications and Salary Ranges/Hourly Wage Rates (Non-Exempt and Exempt), effective July 10, 2022.

Fiscal Impact
The expected additional annual total cost will be approximately $60,000. There will be no impact to the General Fund.

Alternative Action
The City Council could decline to approve the resolution, and the wage rates would not be adjusted. The City Council could also choose to provide additional direction to staff.

Background/Analysis
The Memorandum of Understanding between the City of Redding (City) and United Public Employees of California, Local 792 – Technical Employees Unit (UPEC Technical Unit) included language provisions where the parties agreed to meet and confer annually over modifications to wage rates of four chosen classifications based on the results of a salary study.

For Calendar Year 2022, UPEC Technical Unit provided two classifications to be studied, and the City provided two. However, the City agreed to include a third classification since it was directly related to other chosen classifications. The studied classifications were Electric Utility System Operator – Transmission and Distribution, Electric Utility System Operator – Power, Electric Utility Distribution Planner/Inspector, Electric Utility Analyst, and the Safety and Environmental Compliance Coordinator.

MEETING DATE: August 2, 2022
ITEM NO. 9.15(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 9.15(a)--Consider Resolution amending the United Public Employees of California, Local 792 – Technical Employees Unit Schedule of Classifications and Salary Ranges/Hourly Wage Rates (Non-Exempt and Exempt).

Sheri DeMaagd, Assistant
City Manager
Packet Pg. 890
Report to Redding City Council July 28, 2022
Re: 9.15(a)--UPEC Tech Equity Study Salary Schedule Amendment Page 2 The City’s study included the City’s current wage rates, comparisons to benchmark median wage rates, and the classifications that have an internal relationship to those studied. The City’s analysis indicates the City’s current wage rates ranged from 6.9 percent above to 21.97 percent below the median of the comparable agencies. The recommended wage adjustment for all classifications studied and related classifications is two percent (2%) which will maintain internal position relationships and will ensure the systematic and standardized wage structure previously approved by the City Council.

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.”
Attachments
^Resolution
Exhibit A-2: UPEC Tech Schedule of Classifications and Salary Ranges effective July 10, 2022 Exhibit A-3: UPEC Tech Schedule of Classifications and Salary Ranges effective June 25, 2023 Packet Pg. 891
RESOLUTION NO. 2022-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

APPROVING ADJUSTMENT TO THE UNITED PUBLIC EMPLOYEES
OF CALIFORNIA, LOCAL 792 – TECHNICAL EMPLOYEES UNIT

SCHEDULE OF CLASSIFICATIONS AND SALARY RANGES/HOURLY
WAGE RATES, (NON-EXEMPT AND EXEMPT) EFFECTIVE JULY 10,
2022
WHEREAS, staff has recommended that the United Public Employees of California, Local 792 – Technical Employees Unit (UPEC Technical Unit)–Schedule of Classifications and Salary Ranges/Hourly Wage Rates (Non-Exempt and Exempt) be amended, effective July 10, 2022; and
WHEREAS, the City Council deems it to be in the best interest of the City to adopt such recommendation;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council that the United Public Employees of California, Local 792 – Technical Employees Unit (UPEC Technical Unit)– Schedule of Classifications and Salary Ranges/Hourly Wage Rates (Non-Exempt and Exempt) be amended, effective July 10, 2022.

I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council of the City of Redding on the second day of August, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
___________________________________
KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVED:
________________________________ ___________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 892 Attachment: ^Resolution (9.15(a)--UPEC Tech Equity Study Salary Schedule Amendment) Job Code Classification 1 2 3 4 5 6 7 8

0.7106813 ####### 0.7835262 ######## 0.8638376 0.9070295 0.9523810 137 Energy Trader $7,751 $8,138 $8,545 $8,972 $9,421 $9,892 $10,387 $10,906 181 Senior Electric Utility Distribution Planner / System Inspector $7,659 $8,042 $8,444 $8,867 $9,310 $9,775 $10,264 $10,777 101 Senior Demand Side Management Coordinator $7,218 $7,578 $7,957 $8,355 $8,773 $9,212 $9,672 $10,156 254 Power Prescheduler $7,101 $7,456 $7,829 $8,221 $8,632 $9,063 $9,517 $9,992 302 Electric Utility Distribution Planner / System Inspector II $7,038 $7,390 $7,760 $8,148 $8,555 $8,983 $9,432 $9,903 120 Safety and Environmental Compliance Coordinator $6,509 $6,834 $7,176 $7,535 $7,911 $8,307 $8,722 $9,158 301 Electric Utility Distribution Planner / System Inspector I $6,363 $6,681 $7,015 $7,366 $7,734 $8,121 $8,527 $8,953 255 Electric Utility Analyst $6,268 $6,582 $6,911 $7,256 $7,619 $8,000 $8,400 $8,820 104 Electric Utility Demand Side Management Coordinator $6,025 $6,326 $6,642 $6,975 $7,323 $7,689 $8,074 $8,478 236 Electric Utility Distribution Technician Supervisor $5,548 $5,825 $6,116 $6,422 $6,743 $7,081 $7,435 $7,806 Job Code Classification 1 2 3 4 5 6 Monthly

0.8227025 0.86384 0.90703 0.952381
313 Electric Utility Distribution Technician I $26.12 $27.42 $28.80 $30.24 $31.75 $33.34 $5,778 314 Electric Utility Distribution Technician II $31.20 $32.76 $34.40 $36.12 $37.93 $39.82 $6,903 312 Electric Utility Senior Information Analyst $37.96 $39.86 $41.85 $43.94 $46.14 $48.45 $8,398 316 Electric Utility Assistant System Operator - Transmission and Distribution $50.96 $53.51 $56.19 $59.00 $61.95 $11,274 309 Electric Utility Assistant System Operator - Power $52.36 $54.98 $57.73 $60.62 $63.65 $11,584 303 Electric Utility Assistant System Operator - Transmission and Distribution (NERC Certification Rate) $53.51 $56.19 $59.00 $61.95 $65.04 $11,838 315 Electric Utility System Operator - Transmission and Distribution $55.22 $57.98 $60.88 $63.93 $67.12 $12,216 304 Electric Utility System Operator - Transmission and Distribution (NERC Certification Rate) $57.98 $60.88 $63.93 $67.12 $70.48 $12,827 311 Electric Utility System Operator - Power $59.47 $62.44 $65.56 $68.84 $72.28 $13,156 253 Electric Utility Senior System Operator - Transmission and Distribution $61.05 $64.10 $67.31 $70.67 $74.21 $13,506 305 Electric Utility Senior System Operator - Transmission and Distribution (NERC Certification Rate) $64.10 $67.31 $70.67 $74.21 $77.92 $14,181 308 Electric Utility Senior System Operator - Power $65.41 $68.69 $72.12 $75.73 $79.51 $14,471

UNITED PUBLIC EMPLOYEES OF CALIFORNIA

NON-EXEMPT SCHEDULE OF CLASSIFICATIONS AND HOURLY WAGE RATES EXHIBIT: A-2 Effective: July 10, 2022
Hourly Wage Rate – Salary Step

CITY OF REDDING

UNITED PUBLIC EMPLOYEES OF CALIFORNIA

EXEMPT SCHEDULE OF CLASSIFICATIONS AND SALARY RANGES
EXHIBIT: A-2 Effective: July 10, 2022
Monthly Wage Rate – Salary Step

CITY OF REDDING
Packet Pg. 893 Attachment: Exhibit A-2: UPEC Tech Schedule of Classifications and Salary Ranges effective July 10, Job Code Classification 1 2 3 4 5 6 7 8

0.7106813 ####### 0.7835262 ######## 0.8638376 0.9070295 0.9523810 137 Energy Trader $7,906 $8,301 $8,716 $9,152 $9,609 $10,090 $10,594 $11,124 181 Senior Electric Utility Distribution Planner / System Inspector $7,812 $8,203 $8,613 $9,044 $9,496 $9,971 $10,469 $10,993 101 Senior Demand Side Management Coordinator $7,362 $7,730 $8,116 $8,522 $8,948 $9,396 $9,866 $10,359 254 Power Prescheduler $7,243 $7,606 $7,986 $8,385 $8,804 $9,245 $9,707 $10,192 302 Electric Utility Distribution Planner / System Inspector II $7,179 $7,538 $7,915 $8,311 $8,726 $9,162 $9,621 $10,102 120 Safety and Environmental Compliance Coordinator $6,639 $6,971 $7,319 $7,685 $8,070 $8,473 $8,897 $9,342 301 Electric Utility Distribution Planner / System Inspector I $6,490 $6,814 $7,155 $7,513 $7,889 $8,283 $8,697 $9,132 255 Electric Utility Analyst $6,394 $6,713 $7,049 $7,401 $7,772 $8,160 $8,568 $8,997 104 Electric Utility Demand Side Management Coordinator $6,145 $6,453 $6,775 $7,114 $7,470 $7,843 $8,235 $8,647 236 Electric Utility Distribution Technician Supervisor $5,659 $5,942 $6,239 $6,551 $6,878 $7,222 $7,583 $7,962 Job Code Classification 1 2 3 4 5 6 Monthly

0.8227025 0.86384 0.90703 0.952381
313 Electric Utility Distribution Technician I $26.64 $27.97 $29.37 $30.84 $32.38 $34.00 $5,894 314 Electric Utility Distribution Technician II $31.83 $33.42 $35.09 $36.84 $38.69 $40.62 $7,041 312 Electric Utility Senior Information Analyst $38.72 $40.66 $42.69 $44.82 $47.06 $49.42 $8,566 316 Electric Utility Assistant System Operator - Transmission and Distribution $51.98 $54.58 $57.31 $60.18 $63.19 $11,500 309 Electric Utility Assistant System Operator - Power $53.41 $56.08 $58.89 $61.83 $64.92 $11,816 303 Electric Utility Assistant System Operator - Transmission and Distribution (NERC Certification Rate) $54.58 $57.31 $60.18 $63.19 $66.35 $12,075 315 Electric Utility System Operator - Transmission and Distribution $56.33 $59.14 $62.10 $65.21 $68.47 $12,461 304 Electric Utility System Operator - Transmission and Distribution (NERC Certification Rate) $59.14 $62.10 $65.21 $68.47 $71.89 $13,084 311 Electric Utility System Operator - Power $60.66 $63.69 $66.87 $70.22 $73.73 $13,419 253 Electric Utility Senior System Operator - Transmission and Distribution $62.27 $65.39 $68.66 $72.09 $75.69 $13,776 305 Electric Utility Senior System Operator - Transmission and Distribution (NERC Certification Rate) $65.39 $68.66 $72.09 $75.69 $79.48 $14,465 308 Electric Utility Senior System Operator - Power $66.72 $70.06 $73.56 $77.24 $81.10 $14,761

UNITED PUBLIC EMPLOYEES OF CALIFORNIA

NON-EXEMPT SCHEDULE OF CLASSIFICATIONS AND HOURLY WAGE RATES EXHIBIT: A-3 Effective: June 25, 2023
Hourly Wage Rate – Salary Step

CITY OF REDDING

UNITED PUBLIC EMPLOYEES OF CALIFORNIA

EXEMPT SCHEDULE OF CLASSIFICATIONS AND SALARY RANGES
EXHIBIT: A-3 Effective: June 25, 2023
Monthly Wage Rate – Salary Step

CITY OF REDDING
Packet Pg. 894 Attachment: Exhibit A-3: UPEC Tech Schedule of Classifications and Salary Ranges effective June 25,