Agenda
Regular Meeting
Redding City Council
Council Chambers (Doors open 30 minutes prior)
777 Cypress Avenue, Redding, CA
November 1, 2022
6:00 PM
The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.
1. CALL TO ORDER - MAYOR KRISTEN SCHREDER
A. Pledge of Allegiance
B. Invocation - Lori Moretti, Redding Police and Redding Fire Departments’ Chaplain C. Roll Call
2. PRESENTATIONS
2A. Presentation by Durriya Syed, Outreach Analyst for the California Department of Insurance, providing an update on the Safer from Wildfire Partnership and other insurance resources available to the public.
3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction.
PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC
COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non-agendized matters within the City’s jurisdiction.
The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.
If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.org or in the Public View binder located on the podium at the north side of the Chambers.
PLEASE SILENCE YOUR CELL PHONES. THANK YOU.
Redding City Council November 1, 2022
4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calendar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered. It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation. 4(a). Approve Minutes: Regular Meeting of September 6, 2022; Special Meeting – Closed Session of September 20, 2022; Regular Meeting of September 20, 2022; and Special Meeting – Closed Session of October 18, 2022. 4(c). Accept the City of Redding Treasurer’s Report for the month of September 2022.
4(d). Accept City of Redding Proof of Cash reconciliation and ACR133 report for the month of September 2022.
4.1(a). Approve and ratify submittal of a grant application to the Pacific Gas and Electric Company’s 2022 Better Together Nature Positive Innovation Grant Program in the amount of $100,000 to support the construction of a well at the City of Redding-owned Kum Bay Xerel Open Space Area located along Interstate 5 between the Cities of Redding and Anderson.
4.2(a). Authorize and approve the following actions:
(1) Approve loan increase to Shasta Women’s Refuge dba One SAFE Place (OSP) in the amount of $330,000 for a total loan amount of $630,000 to assist with office and building rehabilitation costs and to remit a principal reduction of its first mortgage with Cornerstone Community Bank for the Sierra Center, OSP’s shelter facility, located at 2250 Benton Drive; (2) Authorize the City Manager, or designee, to execute the First Amendment to Development Agreement (C-6309) and any other documents necessary to complete the transaction;
(3) Find that this loan request is exempt from the California Environmental Quality Act pursuant to Section 15301 (existing facilities and loans) and therefore not subject to environmental review; and
(4) Find that this loan request is categorically excluded from review under the National Environmental Policy Act pursuant to Title 24 CFR Part
58.35(b)(7).
Redding City Council November 1, 2022
4.5(a). Authorize the following relative to Bid Schedule No. 5321, Single-Phase, PadType Distribution Transformers for the Redding Electric Utility:
(1) Award to Mader Supply, LLC, in the amount of $596,745.00, before taxes;
(2) Authorize the Purchasing Officer to extend the bid award annually with Mader Supply, LLC, through November 30, 2027, if mutually agreeable, with all terms and conditions remaining the same per Howard Industries’ negotiated contract pricing policy; and
(3) Authorize the City Manager to approve changes to future pricing terms and policies as needed due to inflation and unstable economic conditions.
4.5(b). Authorize and approve the following actions regarding Bid Schedule No. 5313, Overhaul of the Unit 4 Steam Turbine, Generator, and Auxiliaries:
(1) Award Bid to Stephen’s Mechanical Corporation at a total cost of $1,394,000, including $322,000 of contingency funding;
(2) Authorize the City Manager, or designee, to execute change orders up to the total amount of the project contingency to address unforeseen work items discovered during the overhaul process; and
(3) Find that the project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).
4.6(c). Authorize and approve the following actions relative to grant funding for the South City Park and Block 7 Project infrastructure projects:
(1) Authorize the following actions related to the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) Section 108 Loan Guarantee Program (Section 108 Program):
a. Adopt Resolution approving the CDBG Section 108 Program application in the amount of $3,737,000;
b. Authorize the City Manager to re-appropriate funding upon approval of CDBG Section 108 Program application for design and improvements at South City Park;
c. Authorize the City Manager to execute any documents necessary to modify the Section 108 Program application and facilitate the funding changes; and
(2) Authorize the following actions related to the American Rescue Plan Act (ARPA) funding:
a. Adopt Resolution approving and adopting the 70th Amendment to City Budget Resolution No. 2021-078 decreasing existing allocations for South City Park by $2,407,730 and appropriating $2,407,730 in ARPA funding to Block 7 project infrastructure; and
b. Authorize the City Manager to execute any documents necessary to facilitate the funding changes.
Redding City Council November 1, 2022
4.6(d). Authorize and approve the following actions:
(1) Approve use of up to $500,000 for additional City of Redding Aquatic Center (RAC) Improvement Projects; and
(2) Find that the funding for the RAC Improvement Projects are categorically exempt from the California Environmental Quality Act per Section 15301 (d) – Existing Facilities.
4.7(a). Authorize and approve the following regarding City Council Policy No. 408 (Investment Policy):
(1) Approve the Investment Advisory Committee’s recommended changes for implementation of best practices recommended by the Government Finance Officers Association, primarily expanding subheading titles to provide better clarity for readers of the policy; and
(2) Adopt Resolution amending City Council Policy No. 408 relating to the City of Redding’s investment guidelines.
4.11(a). Authorize the following related to the purchase of one 2023 Autocar ACX64 Hook Lift truck for the City of Redding Solid Waste Utility (Utility):
(1) Authorize the purchase using Sourcewell contract pricing, with a net delivered cost of $336,500.99 including all applicable taxes and fees; and (2) Authorize the City Manager to approve future pricing adjustments, terms, and policy changes as needed due to inflation and unstable economic conditions up to a total of $30,000.
4.15(a). Adopt Resolution revising the Redding Independent Employees’ Organization – Clerical, Technical, and Professional Exempt Employee Schedule of Classification and Salary Ranges (Exhibit “B-2”) and the Redding Peace Officers’ Association Schedule of Classifications and Hourly Wage Rates (Exhibit “A-4”) to correct clerical errors.
4.15(b). Adopt Resolution updating the City of Redding Master Employee Pay Schedule classification titles and pay rates/ranges to comply with the California Public Employees’ Retirement System requirement that all information be consolidated in one master document. The Resolution confirms classification titles and pay rate/range changes that have been approved by the City Council at previous City Council meetings during open session.
RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.
Redding City Council November 1, 2022
5. APPOINTMENTS
Mayor Schreder
5.1. Consider Mayor's re-appointment to the Shasta Public Library Citizens Advisory Committee.
Recommendation:
Approve the Mayor’s recommendation to re-appoint Kari Wurch-Goldenson to the Shasta Public Library Citizens Advisory Committee to serve a full-term ending November 30, 2026.
9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
Community Services
9.6(a). Oral presentation regarding the Community Creek Clean-Up at the City of Redding Nur Pon Open Space held on October 1, 2022.
Recommendation:
Informational item only.
Police
9.9(a). Oral presentation from the Crisis Intervention Response Team (CIRT).
Recommendation:
Informational item only.
City Attorney
9.14(a). Consider report on blighted large parcels and adoption of Resolution to amend administrative fines.
Recommendation:
Authorize and approve the following actions:
(1) Accept the report addressing blight and nuisance conditions on large parcels within the City of Redding; and
(2) Adopt Resolution, pursuant to Redding Municipal Code (RMC) Section
1.13.090(B), to amend the Schedule of Administrative Fines to establish an administrative fine for blight and public nuisance on parcels of two or more acres to $1,000 per day, and to correct the omission of administrative fines for violation of RMC Chapter 6.08 (Massage) and impose a proposed administrative fine in the amount of $500 per day for such violations.
Redding City Council November 1, 2022
Personnel
9.15(c). Consider Resolution of Intention and introduction of Ordinance amending the City of Redding's (City) Contract (C-99) with the California Public Employees' Retirement System (CalPERS) to allow Unrepresented Public Safety Management employees to share additional costs of the retirement benefit.
Recommendation:
Adopt Resolution of Intention; and offer an Ordinance for first reading by title only and waive the full reading, giving notice of the City’s intent to amend the contract (C-99) with CalPERS as allowed in Section 20516 of the Public Employees’ Retirement Law (Employees Sharing Additional Cost) for Unrepresented Public Safety Management employees.
11. COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
[A-050-060]
Information Only
12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS
FOR FUTURE CITY COUNCIL MEETINGS
13. ADJOURNMENT
Redding City Council November 1, 2022
Pursuant to the Brown Act, non-confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3rd Floor, City Hall, 777 Cypress Avenue, Redding, California.
City Council Meetings will be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181, and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: http://scac.cablecast.tv:8080/CablecastPublicSite/watch/4?channel=1. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.org/. Open the City’s meetings and agendas portal; Click on tab named "Meetings Videos" and select Redding City Council under “Available Archives 2022” select the desired date, then click on “video” to view the meeting.
In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225-4447 or in person, or by mail at 777 Cypress Avenue, 3rd Floor, Redding, California 96001 at least three (3) working days in advance.
The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.
Questions, complaints, or requests for accommodations or additional information may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Presentation by Durriya Syed, Outreach Analyst for the California Department of Insurance, providing an update on the Safer from Wildfire Partnership and other insurance resources available to the public.
MEETING DATE: November 1, 2022
ITEM NO. 2A
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 2A--Presentation by the California Department of Insurance.
Pamela Mize, City Clerk
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CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve Minutes: Regular Meeting of September 6, 2022; Special Meeting – Closed Session of September 20, 2022; Regular Meeting of September 20, 2022; and Special Meeting – Closed Session of October 18, 2022.
Attachments
Unofficial Minutes - Regular Meeting of September 6, 2022 Unofficial Minutes - Special Meeting - Closed Session of September 20, 2022 Unofficial Minutes - Regular Meeting of September 20, 2022 Unofficial Minutes - Special Meeting - Closed Session of October 18, 2022 MEETING DATE: November 1, 2022
ITEM NO. 4(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4(a)--Approve City Council Minutes.
Pamela Mize, City Clerk
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Unofficial Minutes Redding City Council, Regular Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
September 6, 2022, 6:00 PM
The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.
The meeting was called to order by Mayor Kristen Schreder with the following Council Members present: Michael Dacquisto and Julie Winter. Council Member Mark Mezzano participated telephonically and Council Member Erin Resner was absent. All votes were taken via roll call.
Also present were: City Manager Barry Tippin, Assistant City Manager Sheri DeMaagd, Assistant City Manager Steve Bade, City Attorney Barry DeWalt, Assistant City Clerk Sharlene Tipton, and Executive Assistant Luisa Klapperich.
The Pledge of Allegiance to the Flag was led by Mayor Schreder.
The Invocation was provided by Lori Moretti, Redding Police and Fire Departments' Chaplain.
PRESENTATIONS
2A. Danny Orloff, Tourism Marketing Director for Visit Redding, provided a PowerPoint presentation, incorporated herein by reference, regarding past, present, and future tourism efforts for the City of Redding.
The City Council took no formal action on this informational item. 2B. At the request of Mayor Schreder, Redding Electric Utility (REU) Director Nick Zettel provided a brief overview of REU’s energy usage and output during the current state-wide heatwave and flex alert status, noting that REU was able to meet the demand.
The City Council took no formal action on this informational item.
PUBLIC COMMENT
Steve Kohn questioned the Council’s actions relative to litigation between Redding Rancheria and the City of Redding regarding the sale of City of Redding-owned property.
Alex Bielecki opined that the Shasta County Court and County of Shasta have violated his right to free speech.
Brenda Woods advised that she was angry because of the lack of services offered to the unsheltered population during the City of Redding clean-up at the Nur Pon Open Space.
Dale expressed appreciation to the City of Redding for the clean-up at Nur Pon Open Space and thanked Randall Smith for provided tours.
Steven shared his frustrated with Redding Area Bus Authority busses running late due to construction and requested that a notification system be implemented.
Frances Cole Boyd, MaryAnn Seifert, and Tina Brown, members of the Older Adult Policy Council, provided a brief overview of the services provided and available to seniors within Shasta County.
Nick Gardner requested the City clean-up his residential area due to refuse left behind by homeless individuals.
At Council Member Winter’s request, City Manager Tippin outline the steps taken prior to and following the Nur Pon Open Space community clean-up.
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CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar and each Report to City Council (staff report) is incorporated herein by reference:
4(a). Approve Minutes: Special Meeting – Budget Workshop of February 17, 2022; Regular Meeting of June 7, 2022; Special Meeting – Closed Session of June 21, 2022; Special Meeting – Closed Session of July 19, 2022, (5:10 p.m.); Special Meeting – Closed Session of July 19, 2022, (5:15 p.m.); Special Meeting – Riverfront Open House of July 25, 2022; Special Meeting – Closed Session of August 2, 2022; Special Meeting – Riverfront Open House of August 3, 2022; and Special Meeting – Closed Session of August 16, 2022. 4(b). Accept City of Redding Accounts Payable Register No. 3; and Payroll Register No. 3.
Accounts Payable Register No. 3 for the period of July 31, 2022, through August 12, 2022, for a total of $13,656,543.79 for check numbers 172994 through 173541, inclusive, ACH Transfer numbers 18641 through 18690 inclusive, Wire Transfer numbers 11727 through 11816, inclusive; and (2) Payroll Register No. 3 for the period of July 24, 2022, through August 6, 2022, in the amount of $4,174,410.90 for electronic deposit transaction numbers 565050 through 566126, and check numbers 608298 through 608317, inclusive; SUMMARY TOTAL: $17,830,954.69.
4(c). Accept the City of Redding Treasurer’s Report for the month of July 2022. 4(d). Accept City of Redding Proof of Cash reconciliation and ACR133 report for the month of July 2022.
4(e). Adopt Ordinance No. 2653, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 11 (Vehicles and Traffic), Chapter 11.12 (Speed Limits) by amending Section 11.12.010 (Established on Certain Streets) to update Volume IV, relative to speed limits on certain streets in the City of Redding.
4.1(b). Authorize submission of a grant application to the United States Department of Transportation Safe Streets and Roads for All (SS4A) Program for $300,000 to fund an eligible action plan which would establish eligibility for future SS4A implementation funding opportunities between $5,000,000 and $30,000,000.
4.2(a). Authorize the following actions relative to Benton Field Runway and Taxiway Connector Pavement Preservation and Magnetic Variations Updates Project (Project): (1) adopt Resolution No. 2022-090, a resolution of the City Council of the City of Redding, approving the submission of a California Department of Transportation grant application in the amount of $22,050 to be utilized as state match funding for the Project; and (2) authorize the City Manager, or designee, to execute the grant application, submit all subsequent documentation necessary to obtain grant funds for the Project, and appropriate all grant funds received to the Airport Enterprise Fund.
4.2(b). Authorize and approve the following: (1) authorize submission of a grant application to the United States Economic Development Administration’s Public Works and Economic Adjustment Assistance Program in the amount of $9,193,862 to support Block 7 Project infrastructure improvements to California-Market Alley, Butte Street, and Yuba Street; and (2) based on the facts in the record, make the findings that the subject action is categorically exempt under California Environmental Quality Act Guidelines Section 15302. The project area does not have significant values for wildlife habitat or other environmental resources, and the project has no potential to have a significant effect on the environment; and the project will not result in a significant impact on the quality of the human environment under the National Environmental Policy Act, Environmental Assessment pursuant to Title 24 Code of Federal Regulations (CFR) Section 58.36, Finding of No Significant Impact Title 24 CFR Section 58.40(g)(1); and Title 40 CFR Section 1508.27.
4.3(a). Authorize the City Manager, or designee, to approve the procurement of a new access control system for Redding Electric Utility locations deemed as medium impact locations, based on standards as set forth by North American Electric Reliability Corporation, in an amount not to exceed amount of $60,000.
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4.5(b). Authorize the following actions related to repairs at the Redding Power Plant: (1) approve the sole-source purchase of three replacement Continuous Emission Monitoring Systems from Custom Instrumentation Services Corporation in an amount not to exceed $532,000 for generating Units 1, 2, and 3 at the Redding Power Plant; (2) authorize the City Manager, or designee, to execute agreements and approve expenditures up to $40,000 for unforeseen issues that may arise; and (3) find that the project is categorically exempt from review under the California Environmental Quality Act pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).
4.6(a). Approve the First Amendment to Caldwell Recreation Center Lease (C-7389) with Turtle Bay Exploration Park to extend the term for an additional three years at Caldwell Recreation Center to store artwork and artifacts, with a term expiring September 26, 2025.
4.8(a). Authorize submission of a grant application to the United States Forest Service Community Wildfire Defense Grant – West Program for the amount of $250,000 to augment funding for the City of Redding Community Wildfire Protection Plan Project.
4.9(a). Authorize and ratify the submission of an application for the U.S. Department of Justice 2022 Edward Byrne Memorial Justice Assistance Grant in the amount of $33,408 to fund Gang/Probation/Parole overtime operations and to purchase crime analysis software for the Redding Police Department; and authorize the City Manager to sign the grant application's Certifications and Assurances signifying that the governing body was notified of the application and citizens were provided the opportunity to comment on the application.
4.11(a).Authorize the following actions: (1) approve the acquisition of Public Services Easements at 5015 Bechelli Lane (Assessor’s Parcel Number (APN) 070-320-016); 1611 Dakota Way (APN 116-410-006) and 1620 Tidmore Court (APN 116-410-007) at no cost to the City; (2) authorize the Mayor to execute all legal documents necessary to complete the acquisitions; and (3) find this action to be consistent with the General Plan and exempt from environmental review under the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15061(b)(3), Common Sense Exemption.
4.11(c).Authorize the following related to the purchase of one 2022 AlJon Advantage 500 Compactor for the City of Redding Solid Waste Utility: (1) authorize the purchase using Houston-Galveston Area Council contract pricing, with a net delivered cost of $977,249.79, including all applicable taxes and fees; and (2) authorize the City Manager to approve future pricing adjustments, terms, and policy changes as needed due to inflation and unstable economic conditions up to a total of $30,000.
4.11(d).Authorize the following actions relative to Bid Schedule No. 5257 (Job No. 9943) Reconstruction of Terminal Building Access Roads Project Phase 2: (1) approve and award to Tullis, Inc., an additional amount of $56,575 for a traffic control plan required for the safe completion of Phase 2; (2) authorize staff to execute a Contract Change Order with Tullis, Inc., in the amount of $845,484 to construct Bid Alternative 2; (3) approve $84,000 to provide construction contingency funding and $22,650 for City of Redding staff construction management services; (4) amend Mead & Hunt, Inc., Authorization of Service 22-07 to provide an additional amount of $134,604 for construction management services for the additional work; (5) authorize the City Manager, or designee, to apply for and execute the Federal Aviation Administration grant applications and all subsequent documentation necessary to obtain grant funds for the projects; and (6) adopt Resolution No. 2022-091, a resolution of the City Council of the City of Redding, approving and adopting the 57th Amendment to City Budget Resolution No. 2021-078 appropriating $1,036,530 for the project.
4.11(e).Authorize the Mayor to approve the final map for Luke Estates Subdivision (S-01-09) contingent on the approval of the formation of Landscape Maintenance District 01-22; and direct the City Clerk to file the map with the Shasta County Recorder.
4.11(f).Authorize the Public Works Department to submit a grant application for a total amount not to exceed $2,500,000 for Highway Safety Improvement Program funds to the California Department of Transportation for leading pedestrian interval signal operations and for retroreflective tape upgrades to existing traffic signal controllers for visibility improvement at various locations.
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4.11(g).Authorize staff to reduce retention withheld to one percent and release $223,914.62 to Tullis, Inc., the contractor for Bid Schedule No. 5183 (Job No. 2611) Girvan Road Railroad Crossing Improvements and South Redding Bikeway and Pedestrian Trail Projects.
4.11(h).Approve addition of one full-time Public Works Maintenance Worker position and delete two full-time temporary Public Works Maintenance Worker positions within the City of Redding Wastewater Collections Division; and adopt Resolution No. 2022-092, a resolution of the City Council of the City of Redding, approving the 58th Amendment to City Budget Resolution 2021-078 appropriating $0 for the creation of the full-time position.
4.11(i).Authorize the following relative to the closure of a portion of Mark Street to vehicular traffic adjacent to 3211 Mark Street (Assessor’s Parcel No. 108-360-026): (1) adopt Resolution No. 2022-093, a resolution of the City Council of the City of Redding, closing Mark Street north of Ellis Street to vehicular traffic except for emergency vehicles; and (2) find that the action is categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15061(b)(3) – Common Sense Exemption.
4.11(j).Authorize the following actions relative to Request for Proposals (RFP) (Schedule No. 5285), Construction Management and Inspection Services for the Clear Creek Wastewater Treatment Plant (CCWTP) Pyrolysis Phase 1 Project: (1) award RFP to Water Works Engineers, LLC; (2) authorize the Mayor to execute a Consulting and Professional Services Contract for a not-to-exceed fee of $632,937 with Water Works Engineers, LLC, to provide Construction Management and Inspection Services for the CCWTP Pyrolysis Phase 1 Project; and (3) authorize the City Manager to approve contract amendment increases up to $50,000.
4.11(k).Authorize the following actions relative to the City of Redding Master Service Agreement (C-3386) with the Tribal Council of the Redding Rancheria to provide Water and Wastewater Utility Services: (1) authorize staff to negotiate and the Mayor to execute a Second Amendment to extend the term of the Agreement (C-3386) for six months to April 2, 2023; and (2) find that the activity is categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301(a and d) – Existing Facilities.
4.15(a).Adopt Resolution No. 2022-094, a resolution of the City Council of the City of Redding, adjusting the City of Redding Executive Management Pay-For-Performance Salary Plan for the newly created classification titled Deputy Building Official, effective September 18, 2022.
A MOTION WAS MADE by Council Member Dacquisto, seconded by Council Member Winter, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized as recommended.
The Vote taken by roll call:
AYES: Council Members – Dacquisto, Mezzano, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Resner
Ordinance No. 2653 is on file in the Office of the City Clerk.
Resolution Nos. 2022-090 through 2022-094 are on file in the Office of the City Clerk.
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PUBLIC HEARINGS
6.1. Public Hearing - Resolution to form Landscape Maintenance District 01-22 (Luke Estates).
Public Works Director Chuck Aukland summarized the Report to City Council (staff report) and provided a PowerPoint presentation, both incorporated herein by reference.
The hour of 6:00 p.m. having arrived, Mayor Schreder opened the Public Hearing.
The Affidavit of Publication – Notice of Public Hearing is on file in the Office of the City Clerk.
Mayor Schreder determined that no one present wished to address this matter, closed the public hearing, and instructed the City Clerk to tabulate the ballots.
Following tabulation, Assistant City Clerk Tipton announced that one ballot was mailed and one ballot was received in favor of the formation of LMD 01-22 (Luke Estates), thereby enabling the City Council to proceed.
A MOTION WAS MADE by Council Member Dacquisto, seconded by Council Member Winter, to adopt Resolution No. 2022-095, a resolution of the City Council of the City of Redding: (1) confirming results of the election of the assessment district; (2) confirming the assessments contained in the Engineer’s Report for said District; (3) ordering the formation of territory into LMD 01-22 (Luke Estates) for Fiscal Year 2022-23; and (4) approving the annual assessments for Fiscal Year 2022-23, pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and levying and collecting of the same for Fiscal Year 2022-23.
The Vote taken by roll call:
AYES: Council Members – Dacquisto, Mezzano, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Resner
Resolution No. 2022-095 is on file in the Office of the City Clerk.
REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
9A. Sign Placement - recognizing the Wintu People.
Council Member Winter summarized the Report to City Council (staff report), and provided a brief PowerPoint presentation, both incorporated herein by reference.
Ms. Winter provided background information relative to the collaborative design of the sign featuring a basket weave pattern which was approved by Wintu leaders. She noted that the signs will remind current residents and visitors that the original people in Redding were of Wintu heritage.
Gary Rickert, Tribal Chair-Northern California Wintu Tribe, thanked the City Council and expressed his appreciation to Council Member Winter for following through with her commitments to the native people as the City Council Native American liaison.
City Manager Tippin thanked Art and Michelle Garcia for their efforts with the sign design.
He stated that the initial locations will be at the following major arterials into the City of Redding: Airport Road, Old Oregon Trail, Quartz Hill Road, Lake Boulevard, Placer Road, and Clear Creek Road.
In response to public speaker Steven’s suggestion that additional information regarding Wintu heritage be included on future signs, Mr. Tippin explained that Council Member Winter has more projects in the works.
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A MOTION WAS MADE by Council Member Winter, seconded by Council Member Mezzano, to approve the installation of signs at key entrance locations into the City of Redding welcoming people to Wintu Country; and authorize the City Engineer to place additional signs as deemed appropriate or necessary and as approved by the City Engineer and the California Department of Transportation.
The Vote taken by roll call:
AYES: Council Members – Dacquisto, Mezzano, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Resner
9.1(a). Report - City of Redding's activities related to homelessness.
City Manager Tippin highlighted the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.
Tim Scarborough, Project Manager with AccessHome, expressed his appreciation to the City of Redding (City) for its efforts to assist the unsheltered community and urged more permanent affordable housing be made available.
In response to Mr. Scarborough’s comments, City Manager Tippin noted that the City is currently working on both short-term and long-term housing opportunities for the unsheltered. He recalled that approximately 700 housing units have either been planned or constructed in the last three years through the efforts of the City’s Housing Division and local partners. An additional $2.5 million subdivision (100 units) is planned to be built off of Quartz Hill Road within the next five years.
A discussion amongst the Council and City Manager ensued.
A consensus of the City Council agreed to: (1) accept the report regarding the City’s efforts during the past five years to assist the unsheltered community and to address the associated impacts of homelessness; and (2) directed the City Manager to meet with the City’s partners including the County of Shasta, City of Anderson, City of Shasta Lake, and other stakeholders and return to a future Council meeting with an update regarding area-wide efforts to assist the unsheltered population.
No formal action was taken on this informational item.
9.4(a). Request for Proposal (RFP) Distribution – Redding Riverfront Specific Plan (RRSP) and associated Environmental Impact Report (EIR).
Planning Manager Kent Manuel summarized the Report to City Council (staff report), incorporated herein by reference. Mr. Manuel noted that, given the Council’s interest in having a very open and robust public process in the selection of a consultant to develop the RRSP and EIR, the City hosted two open houses to allow staff to meet and discuss the plan with citizens, posted background information on the City’s website, and hosted a survey on the website with approximately 22 responses received. He stated that because of these efforts, the RFP is a better document. With the Council’s approval to distribute the RPD, he anticipates returning to the Council with a recommendation for selection of a consultant by end of the year.
In response to the Council’s request, Mr. Tippin will provide copies of the RFP proposals to the Council when received.
A MOTION WAS MADE by Council Member Dacquisto, seconded by Council Member Mezzano, to authorize staff to publish and distribute the RFP to qualified urban planning and environmental consulting firms for an update of the RRSP and associated EIR; the RFP submittal and review process is anticipated to take approximately 90 days.
The Vote taken by roll call:
AYES: Council Members – Dacquisto, Mezzano, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Resner
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Attachment: Unofficial Minutes - Regular Meeting of September 6, 2022 (4(a)--Approve City Council Minutes) 116
09/06/2022
9.4(b). Committee Formation - Tree Management Ordinance Update Committee (Committee).
City Manager Tippin summarized the Report to City Council (staff report), incorporated herein by reference.
In response to public speaker Steven’s request, Mr. Tippin stated old tree stumps and dead shrubs in front of apartment buildings and non-owner-occupied houses will not be part of the Committee’s scope of work.
A MOTION WAS MADE by Council Member Winter, seconded by Council Member Dacquisto, to authorize the following actions: (1) approve formation of the Committee to include: 15 members consisting of: (a) two members appointed by each City Council Member: Stacey Weller, Matthew Padilla, Robert Siderine, Margaret Yarnell, David Ledger, John Wilson, Rocky Slaughter, Blake Fisher, Jeff Audette, and Aleta Carpenter; (b) three Planning Commissioners: Aaron Hatch, Brandi Greene, and Cameron Middleton; and (c) two Community Services Advisory Commission Members:
Ericka Jones and Douglas DeMallie; and (2) approve the Goals and Objectives, as contained in Staff Report Attachment A, including a review of the existing Tree Management Ordinance (Redding Municipal Code 18.45), identify deficiencies, and make recommendations for updates and improvements to the ordinance including organization, layout, and structure.
The Vote taken by roll call:
AYES: Council Members – Dacquisto, Mezzano, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Resner
9.5(a). Consulting and Professional Services Contract and Resolution – Lifecycle Workforce Management Software Program
Electric Utility Assistant Director Nathan Aronson highlighted the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Winter, seconded by Council Member Dacquisto, to authorize the following actions relative to the scope of work for implementation of the City of Redding Electric Utility’s Workforce Management Program:
(1) approve a Consulting and Professional Services Contract with SSP Innovations, Inc., in the amount of $1,149,589.38 for the design, development, implementation, and maintenance of the Lifecycle Workforce Management Software Program; (2) approve an additional $50,000 for the acquisition of information technology hardware necessary to operate the program; (3) adopt Resolution No. 2022-096, a resolution of the City Council of the City of Redding, approving and adopting the 55th Amendment to City Budget Resolution No 2021-078 appropriating $1,230,000 for capital components of the program, which includes a 20 percent contingency; (4) authorize the City Manager, or designee, to approve future increases in the contract amount up to $205,000 during the initial six-year term, to allow for unforeseen design and development needs due to workflow adaptations or other situations not considered in the initial contract; and (5) authorize the City Manager, or designee, to execute the contract, future contract amendments, and term extensions for up to six additional years after the initial six-year term.
The Vote via Roll Call:
AYES: Council Members – Dacquisto, Mezzano, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Resner
Resolution No. 2022-096 is on file in the Office of the City Clerk.
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Attachment: Unofficial Minutes - Regular Meeting of September 6, 2022 (4(a)--Approve City Council Minutes) 117
09/06/2022
ADJOURNMENT
There being no further business, at the hour of 8:21 p.m. Mayor Schreder declared the meeting adjourned.
APPROVED:
_______________________________
Kristen Schreder, Mayor
ATTEST:
_______________________________
Sharlene Tipton, Assistant City Clerk
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Attachment: Unofficial Minutes - Regular Meeting of September 6, 2022 (4(a)--Approve City Council Minutes) 117
09/20/2022
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
September 20, 2022, 5:15 PM
The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.
The meeting was called to order by Mayor Kristen Schreder with the following Council Members present: Mark Mezzano, Erin Resner, and Julie Winter. Council Member Michael Dacquisto was absent.
Also present were: City Manager Barry Tippin, Assistant City Manager Sheri DeMaagd, and City Attorney Barry DeWalt. City Clerk Pamela Mize and Executive Assistant Amber DalPoggetto called the roll prior to leaving the Closed Session meeting.
PUBLIC COMMENT
Mayor Schreder determined that no one present wished to address the items agendized for Closed Session.
CLOSED SESSION
At the hour of 5:15 p.m., Mayor Schreder opened the Special Meeting and announced that the Council would adjourn to Closed Session.
3A. Closed Session pursuant to California Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property Location: Stillwater Business Park, Lots 11b, 12 and 13; Assessor’s Parcel Nos. 054-220-019, 054-260-003, 054-260-004 and 054-260-005 Agency Negotiator: City Manager Tippin
Negotiating Parties: City of Redding and PDC Sacramento LPIV, LLC Under Negotiation: Price and Terms
Pursuant to Government Code section 54957.1(a), the City Council took no reportable action on this item.
3B. Closed Session pursuant to California Government Code Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Designated Agency Representative: Personnel Director DeMaagd Employee Organizations:
1. Local 1934 of International Association of Fire Fighters
2. International Brotherhood of Electrical Workers AFL-CIO - Electric Employees
3. International Brotherhood of Electrical Workers AFL-CIO - Maintenance Employees.
Pursuant to Government Code section 54957.1(a), the City Council took no reportable action on this item.
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Attachment: Unofficial Minutes - Special Meeting - Closed Session of September 20, 2022 (4(a)--Approve City Council Minutes) 118
09/20/2022
ADJOURNMENT
There being no further business, Mayor Schreder declared the meeting adjourned at the hour of 6:00 p.m.
APPROVED:
_______________________________
Kristen Schreder, Mayor
ATTEST:
______________________________
Pamela Mize, City Clerk
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Attachment: Unofficial Minutes - Special Meeting - Closed Session of September 20, 2022 (4(a)--Approve City Council Minutes) 119
09/20/2022
Unofficial Minutes Redding City Council, Regular Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
September 20, 2022, 6:00 PM
The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.
The meeting was called to order by Mayor Kristen Schreder with the following Council Members present: Mark Mezzano, Erin Resner, and Julie Winter. Council Member Michael Dacquisto was absent.
Also present were: City Manager Barry Tippin, Assistant City Manager Sheri DeMaagd, City Attorney Barry DeWalt, City Clerk Pamela Mize, and Executive Assistant Amber DalPoggetto.
The Pledge of Allegiance to the Flag was led by Mayor Schreder.
The Invocation was provided by Amarjit Singh, The Sikh Centre.
PRESENTATIONS
2A. Shasta County Sheriff Michael L. Johnson and Assistant County Executive Officer Eric Magrini provided PowerPoint presentations, incorporated herein by reference, outlining the need for a new jail in Shasta County and describing possible options.
The City Council took no formal action on this informational item.
PUBLIC COMMENT
Alex Bielecki stated his belief that Shasta County and the Shasta County Courthouse are corrupt and asked what agencies he can contact for assistance.
John Tosello, Chairperson, Son and Daughters of Italy, shared the success of Paesano Days recently held at South City Park and expressed appreciation that the Park is available to the public.
Steven Concepcion thanked Public Works for their quick response to his concerns regarding construction on Bechelli and RABA busses running late.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar and each Report to City Council (staff report) is incorporated herein by reference:
4(a). Approve Minutes: Special Meeting - Closed Session of September 6, 2022. 4(b). Accept City of Redding Accounts Payable Register No. 4; and Payroll Register No. 4.
Accounts Payable Register No. 4 for the period of August 13, 2022, through August 31, 2022, for a total of $14,432,963.42 for check numbers 173542 through 173864, inclusive, ACH Transfer numbers 18691 through 18771 inclusive, Wire Transfer numbers 11817 through 11863, inclusive; (2) Payroll Register No. 4 for the period of August 7, 2022 through August 20, 2022, in the amount of $4,042,114.56 for electronic deposit transaction numbers 566127 through 567166, and check numbers 608318 through 608369, inclusive; SUMMARY TOTAL: $18,475,077.98.
4.1(a). Accept the Redding Tourism Marketing Group 2022-23 Annual Report.
4.6(a). Approve the Personal Services Agreement (Agreement) with the Shasta County Probation Department to allocate $68,000 in funding for six months, to the City of Redding, for providing enhanced programs and services at the Martin Luther King, Jr. Center; and authorize the City Manager to sign all documents necessary to execute the Agreement, implement the program, and appropriate funds.
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Attachment: Unofficial Minutes - Regular Meeting of September 20, 2022 (4(a)--Approve City Council Minutes) 120
09/20/2022
4.8(a). Approve and authorize the following actions for the City of Redding Fire Department:
(1) accept Federal Emergency Management Agency’s, Assistance to Firefighters Grant funds in the amount of $52,650; and (2) adopt Resolution No. 2022-097, a resolution of the City Council of the City of Redding approving and adopting the 60th Amendment to Budget Resolution No. 2021-078 appropriating funds for base station radios for Fiscal Year 2022-23.
4.9(a) Approve the Integrated Public Safety Memorandum of Understanding (MOU) between the City of Redding, the City of Anderson, the County of Shasta, and the Shasta Area Safety Communications Agency (SHASCOM) for a five-year period, effective on the date of the last signatory to the MOU; and authorize the Mayor to execute the MOU on behalf of the City of Redding.
4.9(b). Accept a grant from the California Office of Traffic Safety in the amount of $148,000 to fund overtime, training, and minor equipment to increase traffic safety enforcement for the Redding Police Department; and adopt Resolution No. 2022-098, a resolution of the City Council of the City of Redding approving and adopting the 61st Amendment to City Budget Resolution No. 2021-078 appropriating funds.
4.9(c). Accept the donation and transfer of a Jetcraft river boat from the Shasta County Fire Department to the Redding Police Department for patrols along the Sacramento River within the City of Redding limits.
4.11(a).Accept an update regarding the City of Redding’s COVID-19 Economic Stimulus Package projects.
4.11(b).Authorize the following actions relative to Request for Proposals (RFP) No. 5278, to provide engineering and environmental services for the Victor and Cypress Avenues Active Transportation Project: (1) award the Consultant and Professional Services Contract (Contract) to GHD, Inc., in an amount not to exceed $1,707,992.29; (2) authorize the Mayor to execute the Contract with GHD, Inc.; and (3) authorize the City Manager to approve Contract amendments not to exceed $100,000.
4.11(c).Approve the sole source acquisition of Grizzly Crane components from Crane Equipment Manufacturing Corporation (Crane Equipment) in an amount not-to-exceed $97,000 for the City of Redding Solid Waste Utility; and adopt Resolution No. 2022-099, a resolution of the City Council of the City of Redding approving and adopting the 59th Amendment to City Budget Resolution No. 2021-078 appropriating funds for the purchase.
4.11(d).Authorize the following actions relative to Bid Schedule No. 5306, (Job No. 2651) Pedestrian Crossing Enhancement Project: (1) award to Axner Excavating, Inc., in the amount of $927,160; (2) approve $117,324 to cover the cost of administration and inspection fees and $136,000 for project development costs; (3) approve $92,716 to provide construction contingency funding; and (4) find that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, per Section 15301(c) - Existing Facilities.
A MOTION WAS MADE by Council Member Winter, seconded by Council Member Resner, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized as recommended.
The Vote:
AYES: Council Members – Mezzano, Resner, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Dacquisto
Resolution Nos. 2022-097 through 2022-099 are on file in the Office of the City Clerk.
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Attachment: Unofficial Minutes - Regular Meeting of September 20, 2022 (4(a)--Approve City Council Minutes) 121
09/20/2022
REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
9.10(a).Resolution - Mid Cycle Budget Review and adjustments for Fiscal Year (FY) 2022 2023.
Finance Officer Greg Robinett provided a PowerPoint presentation and summarized the Report to City Council (staff report) both incorporated herein by reference.
On behalf of the Board of Directors of the Redding Colt 45s Baseball Team, Rick Bosetti thanked the City for its donation toward a new scoreboard. He announced that this is the 100th Anniversary of historic Tiger Field and outlined the efforts of the Colt 45s to improve the facility.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Winter, seconded by Council Member Resner, to accept, in concept, the Year End Budget Report for the City of Redding; and adopt Resolution No. 2022-100, a resolution of the City Council of the City of Redding approving and adopting the 62nd Amendment to City Budget Resolution No. 2021- 078 increasing appropriations by $2,409,130 for FY 2021-22 and $7,810,050 for FY 2022-23.
The Vote:
AYES: Council Members – Mezzano, Resner, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Dacquisto
Resolution No. 2022-100 is on file in the Office of the City Clerk.
9.5(c). Redding Electric Utility’s (REU) Fiscal Year (FY) 2021-22 Financial Report, Industry Activities Update, and Power Content Label.
REU Finance Manager Joseph Bowers provided a PowerPoint presentation and summarized the Report to City Council (staff report), both incorporated herein by reference.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Resner, to accept REU’s FY 2021-22 Financial Report, Industry Activities Update, and Power Content Label.
The Vote:
AYES: Council Members – Mezzano, Resner, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Dacquisto
9.2(a). City-wide Wildfire Mitigation Program Options.
Assistant City Manager DeMaagd summarized the Report to City Council (staff report) incorporated herein by reference.
A MOTION WAS MADE by Council Member Resner, seconded by Council Member Mezzano, to authorize the research and development of the City of Redding Wildfire Mitigation Program options to include: vegetation management; Building, Fire, and Subdivision Code changes; calculation of the estimated cost for the various options; and identification of potential program funding.
The Vote:
AYES: Council Members – Mezzano, Resner, Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Dacquisto
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Attachment: Unofficial Minutes - Regular Meeting of September 20, 2022 (4(a)--Approve City Council Minutes) 122
09/20/2022
9.2(b). Oral Report - Downtown Redding Block 7 Project (Project).
Mark Christ, Housing Associate Project Coordinator, provided a PowerPoint presentation and summarized the Report to City Council (staff report) both incorporated herein by reference, regarding the progress of the Project.
The City Council took no formal action on this informational item.
9.6(a). Oral Report - 2022 Community Creek Clean-Up
Director of Community Services Kim Niemer provided a PowerPoint presentation and summarized the Report to City Council (staff report), both incorporated herein by reference, describing the Creek Clean-Up to be held on October 1, 2022 at the Nur Pon Open Space.
The City Council took no formal action on this informational item.
9.14(a).Oral Report – Shasta County Superior Court re Redding Rancheria v. City of Redding.
City Attorney DeWalt summarized the Report to City Council (staff report) incorporated herein by reference, relative to the ruling made by the Shasta County Superior Court regarding Redding Rancheria v. City of Redding (Shasta County Case No. 195500).
A discussion amongst the Council ensued.
The City Council took no formal action on this informational item.
9.14(b).Resolution - rescinding two Resolutions adopted in 2020.
City Attorney DeWalt summarized the Report to City Council (staff report) incorporated herein for reference.
A MOTION WAS MADE by Council Member Resner, seconded by Council Member Mezzano, to adopt Resolution No. 2022-101, a resolution of the City Council of the City of Redding to rescind Resolution Nos. 2020-055 and 2020-057 in compliance with a court order issued on May 17, 2022, in Redding Rancheria v. City of Redding (Shasta County Case No. 195500); and directed the City Attorney to take all necessary actions to report the adoption of the proposed resolution to the Shasta County Superior Court.
The Vote:
AYES: Council Members – Mezzano, Resner Winter, and Schreder NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Dacquisto
Resolution No. 2022-101 is on file in the Office of the City Clerk.
COUNCIL TRAVEL REPORT(S)
City Council Members Mezzano and Resner attended the League of California Cities 2022 Annual Conference and Expo on September 7 through 9, 2022, held in Long Beach, California.
ADJOURNMENT
There being no further business, at the hour of 8:30 p.m. Mayor Schreder declared the meeting adjourned.
APPROVED:
_______________________________
Kristen Schreder, Mayor
ATTEST:
_______________________________
Pamela Mize, City Clerk
Packet Pg. 23
Attachment: Unofficial Minutes - Regular Meeting of September 20, 2022 (4(a)--Approve City Council Minutes) 126
10/18/2022
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
October 18, 2022, 5:45 PM
The City Council Chambers are fully open to the public in compliance with current guidelines from the California Department of Public Health regarding indoor meetings.
The meeting was called to order by Mayor Kristen Schreder with the following Council Members present: Michael Dacquisto, Mark Mezzano, Erin Resner, and Julie Winter.
Also present were: City Manager Barry Tippin, Assistant City Manager Sheri DeMaagd, and City Attorney Barry DeWalt. Assistant City Clerk Sharlene Tipton and Executive Assistant Amber DalPoggetto called the roll prior to leaving the Closed Session meeting.
PUBLIC COMMENT
Mayor Schreder determined that no one present wished to address the items agendized for Closed Session.
CLOSED SESSION
At the hour of 5:45 p.m., Mayor Schreder opened the Special Meeting and announced that the Council would adjourn to Closed Session.
3A. Closed Session pursuant to California Government Code Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Designated Agency Representative: Personnel Director DeMaggd Employee Organization: International Brotherhood of Electrical Workers AFL-CIOMaintenance Employees Pursuant to Government Code section 54957.1(a), the City Council took no reportable action on this item.
ADJOURNMENT
There being no further business, Mayor Schreder declared the meeting adjourned at the hour of 5:58 p.m.
APPROVED:
_______________________________
Kristen Schreder, Mayor
ATTEST:
______________________________
Sharlene Tipton, Assistant City Clerk
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Attachment: Unofficial Minutes - Special Meeting - Closed Session of October 18, 2022 (4(a)--Approve City Council Minutes)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the City of Redding Treasurer’s Report for the month of September 2022.
Fiscal Impact
There is no fiscal impact to accepting the report.
Alternative Action
The City Council (Council) could choose to not accept the report and provide direction to staff.
Background/Analysis
Attached is the Treasurer’s Report for the month ended September 30, 2022, the September 2022 Portfolio Management Report, and a summary of the City of Redding’s (City) portfolio. For comparative purposes, prior month information is also reported.
The City’s portfolio meets the requirements of Investment Policy No. 408. Market values for securities are obtained from US Bank Institutional Trust and Custody Department. The Treasurer’s accountability total may be measured against the Finance Department ACR 133 cash reconciliation report for September 2022.
The effective monthly rate of return for City Treasurer-managed funds during September 2022 was 1.55 percent, a gain of sixteen basis points from August 2022. The Fiscal Year 2022-23 rate of return is 1.40 percent, a gain of seven basis points from August 2022. A basis point equals one one-hundredth of one percent, or 0.01 percent.
Investment activity in the portfolio during the month of September 2022 included the purchase of one Federal Agency Coupon Bond. In addition, there was an adjustment in the Local Agency Investment Fund (LAIF) to accommodate cash flow.
MEETING DATE: November 1, 2022
ITEM NO. 4(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(c)--City of Redding Treasurer's Report for September 2022.
Allyn Feci Clark, Director of
Finance/City Treasurer
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Report to Redding City Council October 17, 2022
Re: 4(c)--Treasurer's Report - September 2022 Page 2
The Treasurer’s Accountability changed from $273,619,890 to $276,945,348, an increase of $3,325,458. During the month of September, the City receipted $4.7 million in Transportation project funding.
The City Treasurer respectfully recommends the Council accept the attached Treasurer’s Report for September 2022 noting a Total Treasurer’s Accountability of $276,945,348 and an organizational total of $292,192,545 which includes assets held by the City as Successor Agency to the Redding Redevelopment Agency, as well as Entity and Trustee accounts.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• This is a routine operational item.
Attachments
September 2022 Treasurer Report
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Attachment: September 2022 Treasurer Report (4(c)--Treasurer's Report - September 2022) Packet Pg. 49
Attachment: September 2022 Treasurer Report (4(c)--Treasurer's Report - September 2022)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept City of Redding Proof of Cash reconciliation and ACR133 report for the month of September 2022.
Fiscal Impact
There is no fiscal impact to accepting the report.
Alternative Action
The City Council could choose to not accept the Proof of Cash reconciliation and ACR133 report and provide alternate direction to staff.
Background/Analysis
The City Council has requested a monthly report on pooled cash. The ACR133 report summarizes, by fund, the month-to-date pooled cash balances and transactions. The Proof of Cash reconciles the ACR133 report to the Treasurer’s monthly report.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• This is a routine operational item.
Attachments
^ACR133, Current Cash Balance
^Proof of Cash
MEETING DATE: November 1, 2022
ITEM NO. 4(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(d)--ACR133 Report and Cash Reconciliation for the Month of September 2022.
Allyn Feci Clark, Director of
Finance/City Treasurer
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ACR133 CITY OF REDDING KINGSSYS 10:16:48 10/06/2022
GENERAL ACCOUNTING DATED 10/06/2022
CURRENT CASH BALANCE - CITY COUNCIL REPORT PAGE 1
ENDINGBALANCE9/30/2022
111 GENERAL FUND 20,640,227.01120 ASSET SEIZURE FUND 25,140.49121 ENT ANDERSON GROUNDWATER 153,359.42-122 PARKING FUND 611,212.64124 IPSS SPECIAL REVENUE 1,372,073.98125 ROLLING STOCK REPLACEMNT 14,534,280.51126 SPECL GAS TAX ST IMPROVE 11,114,767.06127 LOCAL TRANSPORTATION 6,600,771.95128 DEVELOPMENT FUND 5,680,700.05129 LIBRARY 313,291.41130 BRANCH LIBRARIES 45,926.66134 MUNICIPAL AIRPORT FUND 1,811,452.76-140 TOURISM/CONVENTION FUND 256,673.51-142 ELECTRIC UTILITY FUND 55,523,299.74143 WATER UTILITY FUND 57,709,421.82145 WASTEWATER UTILITY FUND 44,578,760.71147 STORM DRAIN UTILITY FUND 7,934,289.02148 WEST CENTRAL LANDFILL 11,641,131.47149 SOLID WASTE COLLECTION 13,984,933.86150 MEDIA, COMMS & PR 114,509.61151 INFORMATION TECHNOLOGY 1,924,174.62153 FLEET MAINTENANCE 132,530.63154 BUILDING MAINT & CONSTR 1,363,967.12158 RECORDS MANAGEMENT 127,150.61160 EMPLOYER SERVICES 78,868.13162 RMU ADMINISTRATION 1,393,921.07165 GEOGRAPHIC INFO SERVICES 585,861.45166 COMMUNICATIONS 198,420.07168 REPROGRAPHICS 94,830.31169 VOLUNTEER SERVICES 29,968.47-171 SPECIAL DEPOSITS FUND 7,024,043.14172 RISK MANAGEMENT 7,534,251.48173 EMPLOYEE BENEFITS P/R 153,103.46174 EMPLOYEE BENEFIT GRP INS 385,507.78175 GASB 45 TRUST FUND 39,345.24178 CAPITAL PROJECTS FUND 4,751,409.71191 CD BLOCK GRANT FUND 712,846.22193 HOUSING AUTHORITY 99,339.92-194 REDDING REDEVELOPMENT 7,259.34200 REDDING AREA BUS AUTHOR. 87,046.60-230 LOW/MOD INC HOUS ASSET 590,154.42300 SPECIAL ASSESSMENT DIST. 314,645.78400 LANDSCAPE DISTRICTS 382,958.22 FINAL TOTAL 277,782,146.11
ACR133 10:16:48 10/06/2022
Packet Pg. 51
Attachment: ^ACR133, Current Cash Balance (4(d)--ACR133 Report and Cash Reconciliation - September Sheet "D" September 2022
CITY OF REDDING
PROOF OF CASH
RECONCILIATION BETWEEN TREASURER'S REPORT AND ACR 133
As of September 2022
ACR133 TREASURER
END OF MONTH BALANCE 277,782,146.11 276,945,348.28
LESS OUTSIDE MANAGED FUNDS (381.13)
ACR133 Report
CASH ACCOUNTS NOT ON ACR133
LIBRARY MERCHANT DEPOSIT 100.00
BAD CHECKS -
PAYROLL TIMING DIFFERENCE 177.97
BANK CHARGES (112,229.63)
WIRE TRANSFER TIMING DIFFERENCE
OTHER ADJUSTMENTS (1,212,500.81)
BANK DR/CR (487,473.51)
TOTALS 276,457,593.64 276,457,593.64
Packet Pg. 52
Attachment: ^Proof of Cash (4(d)--ACR133 Report and Cash Reconciliation - September 2022)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve and ratify submittal of a grant application to the Pacific Gas and Electric Company’s 2022 Better Together Nature Positive Innovation Grant Program in the amount of $100,000 to support the construction of a well at the City of Redding-owned Kum Bay Xerel Open Space Area located along Interstate 5 between the Cities of Redding and Anderson.
Fiscal Impact
If selected by Pacific Gas and Electric Company (PG&E), the City of Redding (City) may receive up to $100,000 for the completion of work identified in the grant application including well construction and permitting, testing, and legal fees.
Alternative Action
The City Council may choose not to ratify the grant application, in which case, City staff would contact PG&E to withdraw its application to the Better Together Nature Positive Innovation Grant Program for $100,000. The City would not be considered for funding and the well would not be funded for construction. The City and its partner at Kum Bay Xerel Open Space Area, Providence International, would need to identify alternative funding sources for the well project.
Background/Analysis
The PG&E Better Together Nature Positive Innovations Grant (Nature Positive) Program for Fiscal Year 2022 offers five awards for up to $100,000 each for projects in its service area that address certain environmental stewardship areas to include land stewardship, air quality, and water stewardship. The City is in the PG&E service area in their Northern Coast (Region 1) area and thus eligible for funding from the Nature Positive program. The City applied to the PG&E Nature Positive program for the Kum Bay Xerel Open Space Area Public Water System Project on September 30, 2022.
MEETING DATE: November 1, 2022
ITEM NO. 4.1(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.1(a)--Ratification of Grant Application to the Pacific Gas & Electric Company Better Together Nature Positive Innovation Grant Program Janelle Galbraith, Economic
Development, Innovation &
Equity Manager
Packet Pg. 53
Report to Redding City Council October 25, 2022
Re: 4.1(a)--Ratification of PG&E Nature Positive Grant Application Page 2 The City owns the Kum Bay Xerel (Shady Oak Village) Open Space located along Interstate 5 between the Cities of Redding and Anderson. The City partners with Providence International, which operates Riverland Park, a restorative agriculture model park and farm-of-the-future, on a portion of the property. Riverland Park is intended to showcase the latest best practices in water, wind, and energy production and conservation and demonstrate innovative technologies and practices in sustainable agriculture as an education and recreational experience for members of the public. Reliable access to groundwater is essential for this community project and will allow for increased capacity in visitors and programs at Riverland Park. In addition to serving the needs of Riverland Park, the water system would supply planned restroom and drinking water facilities in the portions of the Open Space maintained by the City.
The City requested $100,000 for construction and permitting of a groundwater well at Kum Bay Xerel Open Space over an 18-month timeline. Funding would be directed towards permitting, legal fees, and testing which would be completed before initiating construction of the water system which is primarily comprised of a single groundwater well. This project was touted to PG&E as enhancing land and water stewardship through the community benefits of the programs offered at Riverland Park in the Kum Bay Xerel Open Space.
The Community Services Department, with assistance from the Public Works Department Water Division, would be responsible for maintaining the system. Ongoing costs for well testing and maintenance are expected be less than $7,000 per year and will be requested if the project is funded and when it is completed. Shasta County has indicated that this small water system is not subject to larger municipal water system requirements because of the size of the system and an anticipated usership of less than 25 users per day for over 60 days each year. The design of the proposed well was developed with the State of California’s basic design and criteria in mind. The well system is expected to be low maintenance and has a projected lifespan of 40-50 years.
Environmental Review
A grant application is not a project defined under the California Environmental Quality Act, and no further action is required at this time.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
• 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
City of Redding PG&E Nature Positive Grant Application
Packet Pg. 54
Packet Pg. 55
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 56
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 57
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 58
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 59
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 60
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 61
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 62
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 63
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 64
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 65
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application) Packet Pg. 66
Attachment: City of Redding PG&E Nature Positive Grant Application (4.1(a)--Ratification of PG&E Nature Positive Grant Application)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Approve loan increase to Shasta Women’s Refuge dba One SAFE Place (OSP) in the amount of $330,000 for a total loan amount of $630,000 to assist with office and building rehabilitation costs and to remit a principal reduction of its first mortgage with Cornerstone Community Bank for the Sierra Center, OSP’s shelter facility, located at 2250 Benton Drive;
(2) Authorize the City Manager, or designee, to execute the First Amendment to Development Agreement (C-6309) and any other documents necessary to complete the transaction;
(3) Find that this loan request is exempt from the California Environmental Quality Act pursuant to Section 15301 (existing facilities and loans) and therefore not subject to environmental review; and
(4) Find that this loan request is categorically excluded from review under the National Environmental Policy Act pursuant to Title 24 CFR Part 58.35(b)(7).
Fiscal Impact
The $330,000 loan increase will be funded utilizing $226,000 in Community Development Block Grant (CDBG) Program funds and $104,000 in CDBG CARES Act (CDBG-CV) funds. Utilizing CDBG and CDBG-CV funds for the Sierra Center project will not negatively impact any other current projects or the General Fund.
The proposed loan of $330,000 will be evidenced by a residual receipts loan promissory note secured by a deed of trust. The promissory note will bear simple interest at a rate of one percent on the outstanding principal with loan repayments based on residual receipts, which is revenue in excess of approved operating expenses and will be paid to the City of Redding (City) and credited on an annual basis. The full remaining balance of the loan will be due and payable on December 1, 2044.
MEETING DATE: November 1, 2022
ITEM NO. 4.2(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(a)--Approval of $330,000 Loan Increase to One Safe Place for Total Loan of $630,000
Steve Bade, Assistant City
Manager
Packet Pg. 67
Report to Redding City Council October 26, 2022
Re: 4.2(a)--Approval of Loan Increase to One Safe Place Page 2 Alternative Action
Should the City Council (Council) choose not to approve this request, OSP would need to find an alternative funding source to assist with reducing their financial operating obligations.
Background/Analysis
OSP is a 501(c)(3) nonprofit public benefit corporation that provides intervention and prevention services to both domestic violence and sexual assault victims. In 2014, the City loaned OSP $300,000 for the purchase and renovation of the Sierra Center, and subordinated its interest to Cornerstone Community Bank. After the renovation, the Sierra Center provided 15 shelter beds, offices, and supportive services to domestic violence and sexual assault victims. In any given year, OSP serves in excess of 1,100 community members, many of whom arrive with children.
The majority of OSP’s budget is funded by charitable donations. Throughout 2020-2021, due to the COVID-19 Pandemic, OSP was forced to cancel a majority of its special events that collectively funded operations. This reduction in donation revenue along with a corresponding increase in general costs has made servicing the current loan with Cornerstone Community Bank difficult.
As part of the current loan request, OSP will use $30,000 to remove and replace deteriorated carpet with vinyl flooring to reduce maintenance and cleaning costs within the shelter. The remaining $300,000 will be applied as a principal reduction to Cornerstone Community Bank’s first mortgage. By reducing the first mortgage, OSP can enter into a loan modification with its current lender, which will result in lowering the monthly mortgage payment from $12,885.69 to $9,529.48. This will improve OSP’s cash flow by more than $200,000 over the next 5 years.
Additionally, approving this loan request will allow OSP to enter into a 25-year amortized loan in first position, thereby eliminating a balloon payment currently due in June 2027.
Environmental Review
Staff has completed the California Environmental Quality Act (CEQA) environmental analysis.
The project has been determined to be categorically exempt pursuant to Section 15301 (existing facilities and loans) due to the project completing only minor alterations to the interior of a privately-owned structure.
Staff also completed the National Environmental Protection Act (NEPA) environmental analysis.
The project has been determined to be categorically excluded not subject to 58.5 statutes under Title 24 CFR 58.35(b)(7) as the City is providing supplemental assistance to a project approved under a previous environmental review.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Packet Pg. 68
Report to Redding City Council October 26, 2022
Re: 4.2(a)--Approval of Loan Increase to One Safe Place Page 3 Attachments
OSP Amendment to Deed of Trust and Promissory Note
OSP DFA First Amendment (C-6309)
C-6309 Subordination Agreement A & B - Shasta Women's Refuge Development Funding Agreement - OSP 12112014
Packet Pg. 69
Packet Pg. 70
Attachment: OSP Amendment to Deed of Trust and Promissory Note (4.2(a)--Approval of Loan Increase to One Safe Place) Packet Pg. 71
Attachment: OSP Amendment to Deed of Trust and Promissory Note (4.2(a)--Approval of Loan Increase to One Safe Place) Packet Pg. 72
Attachment: OSP Amendment to Deed of Trust and Promissory Note (4.2(a)--Approval of Loan Increase to One Safe Place) Packet Pg. 73
Attachment: OSP Amendment to Deed of Trust and Promissory Note (4.2(a)--Approval of Loan Increase to One Safe Place) Packet Pg. 74
Attachment: OSP DFA First Amendment (C-6309) (4.2(a)--Approval of Loan Increase to One Safe Place) Packet Pg. 75
Attachment: OSP DFA First Amendment (C-6309) (4.2(a)--Approval of Loan Increase to One Safe Place)
I IIIIIIIIIIIIIIIIIIIIIIIII IIIII III II III
2015- 0012121
RECORDING REQUESTED BY:
Recorded REC FEE 0. 00
Placer Title Company Official Records
1401- 28346
County of
Shasta
Leslie Morgan
RECORDING REQUESTED BY:
Assessor- Recorder
City of Redding LB
03: 33PM 01- May- 2015 Page 1 of 5
CITY BUSINESS- NO FEE
Section 6103 of the Government Code
of the State of California
AND WHEN RECORDED MAIL TO:
City of Redding— Housing Division
P. O. Box 496071
777 Cypress Avenue
Redding, CA 96049- 6071
F—•
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF
LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT.
THIS AGREEMENT, made this 28th day of April, 2015 by CITY OF REDDING, A present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as Beneficiary" and SHASTA WOMEN' S REFUGE INC., A CALIFORNIA CORPORATION DBA ONE SAFE PLACE, owner of the land hereinafter described and hereinafter referred to as " Owner"
WITNESSETH
THAT WHEREAS, SHASTA WOMEN' S REFUGE INC., A CALIFORNIA CORPORATION DBA ONE SAFE PLACE did execute a deed of trust dated DECEMBER 01, 2014 to FIDELITY TITLE COMPANY, as trustee, covering:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
to secure a note in the sum of $ 300, 000. 00, dated December 01, 2014, in favor of CITY OF REDDING which deed of trust was recorded MARCH 12, 2015 as Instrument no. 2015- 006274 Official Records of said County;
WHEREAS, SHASTA WOMEN' S REFUGE INC., A CALIFORNIA CORPORATION DBA ONE SAFE PLACE, Owner has executed, or is about to execute a DEED OF TRUST dated APRIL 28, 2015 to secure a note in the sum of $ 250, 000. 00 favor of CORNERSTONE COMMUNITY BANK, hereinafter referred to as " Lender,", payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above- ( N.) mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore '- l w
Packet Pg. 76
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place) described, prior and superior to the lien or charge of the deed of trust and Modification of said Deed of Trust first above- mentioned; and
WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above-described property prior and superior to the lien or charge of the deed of trust first above- mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above- mentioned to the lien or charge in favor of Lender; and
WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust and Modification first above- mentioned.
NOW, THEREFORE in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above- referred to, it is hereby declared, understood and agreed as follows:
1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust and Modification first above mentioned;
2) That Lender would not make its loan above- described without this subordination agreement; and 3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust and Modification first above mentioned to the lien or charge of the deed of trust in favor of Lender above- referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreements as to such subordination, including, but not limited to, those provisions, if any, contained in the deed of trust and Modification first above- mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages.
Beneficiary declares, agrees and acknowledges that:
a) He consents to and approves ( i) all provisions of this note and deed of trust in favor of Lender above- referred to and ( ii) all agreements, including, but not limited to, any loan or escrow agreements between Owner and Lender for the disbursement of the proceeds of Lender' s loan; b) Lender, in making disbursements pursuant to any such agreement, is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds, and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part;
c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust and Modification first above- mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above-referred to, and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be made, and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and d) An endorsement has been placed upon the note secured by the deed of trust first abovementioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above- referred to.
Packet Pg. 77
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place) i.`
V
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE
PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND.
BENEFICIARY
CITY OF REDDING
BY: 9, km
NAME: Greg lark
TITLE: Deputy City Manager
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF California
ss.
COUNTY OF
Shasta
On
April 29, 2015
before me,
Sharlene Tipton Notary
Public, personally appeared Greg Clark
who proved
to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing par. : , ph is true and correct. WITNESS my hand and official seal. r, ARI.ENETIPTON
l, 4! Signature r Commission 92003884
Vit' MA, No4„,„„,: California i "'+,', 1 ' `,Shasta County" Comm. Ex fires Jan 25 2017
Packet Pg. 78
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place) OWNER
SHASTA WOMEN' S REFUGE, INC
DBA ONE SAFE PLACE
a.
B' enn1W Scarborodgh, President
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or va' dity of that document.
STATE OF
ss.
COUNTY OF f
On 4 w0 before meJit Uu 3Lk4? ( Notary
Public, personally appeared
J&fr') 0 öZ( who proved
to me on the basis of satisfactory evidence to be the per n( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing parag ph is true and correct. WITNESS my hand and official seal.
Signature k Vv K(---
AMI SAM
4,i , Conrltsslsn/ 2104895
Notify Public- CsUfamla
Packet Pg. 79
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place) Order No. 1401- 28346
Version 2
EXHIBIT" A"
LEGAL DESCRIPTION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SHASTA, CITY OF BEDDING, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1 AS SHOWN ON PARCEL MAP NO. 70- 85 FOR GLENN & PATRICIA A. SMITH AND HAROLD & PATRICIA M. JACOBS, FILED MARCH 13, 1986 IN THE OFFICE OF THE SHASTA COUNTY RECORDER IN BOOK 25 OF PARCEL MAPS AT PAGE 105.
EXCEPTING THEREFROM ALL MINERAL RIGHTS BELOW 500 FEET IN DEPTH, WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED IN THE FOLLOWING DEEDS:
1) CROCKER NATIONAL BANK, EXECUTOR OF THE ESTATE OF ROBERT F. GILL, DECEASED, TO HUMBOLDT FINANCIAL SERVICES CORP., A CALIFORNIA CORPORATION, RECORDED JANUARY 20, 1977, DOCUMENT NO. 2219, IN BOOK 1394 OF OFFICIAL RECORDS AT PAGE 32, AS TO 46%;
2) CROCKER NATIONAL BANK, EXECUTOR OF THE ESTATE OF VIRGINIA GILL, DECEASED, TO HUMBOLDT FINANCIAL SERVICES CORP., A CALIFORNIA CORPORATION, RECORDED JANUARY 20, 1977, DOCUMENT NO. 2221, IN BOOK 1394 OF OFFICIAL RECORDS AT PAGE 41, AS TO 46%;
3) LESTER T. BARTMAN AND MARY E. BARTMAN, HUSBAND AND WIFE TO HUMBOLDT FINANCIAL SERVICES CORP. , A CALIFORNIA CORPORATION, RECORDED JANUARY 20, 1977, DOCUMENT NO. 2222, IN BOOK 1394 OF OFFICIAL RECORDS AT PAGE 44, AS TO 8%.
PARCEL B:
AN EASEMENT 15. 00 rEET IN WIDTH FOR RECIPROCAL DRIVEWAY PURPOSES OVER THAT PORTION OF PARCEL 2, INCLUDED WITHIN THE " RECIPROCAL DRIVEWAY", AS THE SAME IS SHOWN AND DESIGNATED UPON SAID PARCEL MAP REFERRED TO ABOVE.
A. P. N. 112- 390- 014
1 PRE. LEGAL
Packet Pg. 80
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place)
IIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIII
2015- 0012125
Recorded REC FEE 0. 00
Official Records
RECORDING REQUESTED BY: County
5 Placer Title Company Leslie Morgan
1401-
Recorder
LB
03: 33PM 01- May- 2015 Page 1 of 5
RECORDING REQUESTED BY:
City of Redding .
CITY BUSINESS- NO FEE
Section 6103 of the Government Code
of the State of California
AND WHEN RECORDED MAIL TO:
City of Redding Housing Division
P. O. Box 496071
777 Cypress Avenue
Redding CA 96049- 6071
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF
LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT.
THIS AGREEMENT, made this 28th day of April, 2015 by CITY OF REDDING, A present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as Beneficiary" and SHASTA WOMEN' S REFUGE INC., A CALIFORNIA CORPORATION DBA ONE SAFE PLACE, owner of the land hereinafter described and hereinafter referred to as " Owner"
WITNESSETH
THAT WHEREAS, SHASTA WOMEN' S REFUGE INC., A CALIFORNIA CORPORATION DBA ONE SAFE PLACE did execute a deed of trust dated DECEMBER 01, 2014 to FIDELITY TITLE COMPANY, as trustee, covering:
SEE EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF to secure a note in the sum of $300, 000. 00, dated December 01, 2014, in favor of CITY OF REDDING which deed of trust was recorded MARCH 12, 2015 as Instrument no. 2015- 006274 Official Records of said County;
WHEREAS, SHASTA WOMEN' S REFUGE INC., A CALIFORNIA CORPORATION DBA ONE SAFE PLACE,. Owner has executed, or is about to execute a DEED OF TRUST dated APRIL 28, 2015 to secure a note in the sum of $ 2, 800, 000. 00 favor of CORNERSTONE COMMUNITY BANK, hereinafter referred to as " Lender,", payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and k'D w
f l f4,
Packet Pg. 81
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place) WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last abovementioned. shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust and Modification of said Deed of Trust first above- mentioned; and
WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above- described property prior and superior to the lien or charge of the deed of trust first above- mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above- mentioned to the lien or charge in favor of Lender; and
WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust and Modification first above- mentioned.
NOW, THEREFORE in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above-referred to, it is hereby declared, understood and agreed as follows:
1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust and Modification first above mentioned;
2) That Lender would not make its loan above- described without this subordination agreement; and 3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust and Modification first above mentioned to the lien or charge of the deed of trust in favor of Lender above-referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreements as to such subordination, including, but not limited to, those provisions, if any, contained in the deed of trust and Modification first above- mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages.
Beneficiary declares, agrees and acknowledges that:
a) He consents to and approves ( i) all provisions of this note and deed of trust in favor of Lender above- referred to and ( ii) all agreements, including, but not limited to, any loan or escrow.. agreements between Owner and Lender for the disbursement of the proceeds of Lender's loan; b). Lender, in making disbursements pursuant to any such agreement, is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds, and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part;
c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust and Modification first above- mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above- referred to, and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be made, and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and Packet Pg. 82
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place) d) An, endorsement has been placed upon the note secured by the deed of trust first abovementioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above-referred to.
NOTICE: : THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE
PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND.
BENEFICIARY
CITY OF REDDING
BY:
NAME: Greg Clark
TITLE: Deputy City Manager
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF California
Shasta
ss.
COUNTY OF a
On April 29, 2015 before me,
Sharlene Tipton Notary
Public,"'personally appeared Greg Clark
who proved
to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing raph is true and correct. WITNESS my hand and official seal.
Signature / if, Commission# 2003884
Notary Public- California I
i
j Shasta County.
M . Comm. Ja7 n 25
Packet Pg. 83
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place) OWNER
SHASTA WOMEN' S REFUGE, INC
DBA ONE SAFE PLACE
BY: ennif- . Garb rough resident
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or va ' ity of that document.
STATE OF _ a 2
n/ f
ss.
COUNTY OF G1 / l -
On before me, I Gum ) Vv ' / Notary
Public,i personally appeared
Jl f ;r () , Y' r i who proved
to me on the basis of satisfactory evidence to be the rson( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/ their authorized capacity( ies), and that by, his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing para raph is true and correct. WITNESS my hand and official seal.
Signature
r
Commission 121040N
Notary Public• California
I .. Shasta
T "_`-
mar 21` 2tId
Packet Pg. 84
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place)
4...
Order No. 1401- 28346
Version 2
EXHIBIT" A"
LEGAL DESCRIPTION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SHASTA, CITY OF REDDING, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1 AS SHOWN ON PARCEL MAP NO. 70- 85 FOR GLENN& PATRICIA A. SMITH AND HAROLD & PATRICIA M. JACOBS, FILED MARCH 13, 1986 IN THE OFFICE OF THE SHASTA COUNTY RECORDER IN BOOK 25 OF PARCEL MAPS AT PAGE 105.
EXCEPTING THEREFROM ALL MINERAL RIGHTS BELOW 500 FEET IN DEPTH, WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED IN THE FOLLOWING DEEDS:
1) CROCKER NATIONAL BANK, EXECUTOR OF THE ESTATE OF ROBERT F. GILL, DECEASED, TO HUMBOLDT FINANCIAL SERVICES CORP., A CALIFORNIA CORPORATION, RECORDED JANUARY 20, 1977, DOCUMENT NO. 2219, IN BOOK 1394 OF OFFICIAL RECORDS AT PAGE 32, AS TO 46%;
2) CROCKER NATIONAL BANK, EXECUTOR OF THE ESTATE OF VIRGINIA GILL, DECEASED, TO HUMBOLDT FINANCIAL SERVICES CORP., A CALIFORNIA CORPORATION, RECORDED JANUARY 20, 1977, DOCUMENT NO. 2221, IN BOOK 1394 OF OFFICIAL RECORDS AT PAGE 41, AS TO 46%;
3) LESTER T. BARTMAN AND MARY E. BARTMAN, HUSBAND AND WIFE TO HUMBOLDT FINANCIAL SERVICES CORP. , A CALIFORNIA CORPORATION, RECORDED JANUARY 20, 1977, DOCUMENT NO. 2222, IN BOOK 1394 OF OFFICIAL RECORDS AT PAGE 44, AS TO 8%.
PARCEL B:
AN EASEMENT 15. 00 FEET IN WIDTH FOR RECIPROCAL DRIVEWAY PURPOSES OVER THAT PORTION OF PARCEL 2, INCLUDED WITHIN THE" RECIPROCAL DRIVEWAY", AS THE SAME IS SHOWN AND DESIGNATED UPON SAID PARCEL MAP REFERRED TO ABOVE.
A. P. N. 112- 390- 014
1 PRE. LEGAL
Packet Pg. 85
Attachment: C-6309 Subordination Agreement A & B - Shasta Women's Refuge (4.2(a)--Approval of Loan Increase to One Safe Place) OFRo
CITY OF RE, DDI NG
t r:..
T„. t hi,
y
jq Si 3' ' X' fi
U k",
r . OFFICE OF THE CITY CLERK
r
F
aCe 777 Cypress Avenue, Redding, CA 96001
P.O. Box 496071, Redding, CA 96049- 6071
530. 225. 4447 FAX 530. 225. 4463
Pamela Mize, City Clerk
Teresa Rudolph, Assistant City Clerk
December 11, 2014
Shasta Women' s Refuge, Inc.
Attn: Jean King, Executive Director
2280 Benton Drive, Suite A
Redding, CA 96003
SUBJECT: Development Funding Agreement, C- 6309
Dear Ms. King:
Enclosed is a fully executed original of the above subject Agreement by and between the City of Redding and Shasta Women' s Refuge, Inc.,( dba One Safe Place) regarding a CDBG loan for predevelopment costs for rehabilitation ofthe Sierra Center at 2250 Benton Drive.
The agreement was approved by the Redding City Council at its regular meetings on November 18, 2014:
If you have any questions regarding this matter, or if we can be of assistance, please contact the Office of the City Clerk at( 530) 225- 4439.
Sincerely,
Pamela Mize
City Clerk
By:-)/// - A
Margam J. o ell
Execriveive Assistant I
Enclosure
c: Nicole Smith, Housing Division
Packet Pg. 86
Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
DEVELOPMENT FUNDING AGREEMENT
Shasta Women's Refuge, Inc.
dba One Safe Place
By and Between the
CITY OF REDDING,
and
Shasta Women's Refuge, Inc.
dba One Safe Place r l/ — I I---!
Packet Pg. 87
Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) i
DEVELOPMENT FUNDING AGREEMENT
This DEVELOPMENT FUNDING AGREEMENT (" DFA") is made and entered into by and between the CITY OF REDDING, a municipal corporation and general law City City"), and SHASTA WOMEN' S REFUGE, INC. dba ONE SAFE PLACE, a California Nonprofit Public Benefit Corporation (" Developer").
RECITALS
A. Developer is a nonprofit public benefit corporation organized under the laws of the State of California and qualifying for Federal Tax Exempt Status under Section 501 ( c)( 3) of the Internal Revenue Code.
B. Developer recently purchased a property located at 2250 Benton Drive, Redding, Shasta County, California. The Assessor' s Parcel Number is 112- 390- 014, ( the Property" or " Site") and is fully described in Exhibit 1, " Legal Description" and depicted in Exhibit 2, " Site Map," both attached hereto and incorporated by reference herein. The Site is currently developed with a two- story commercial office building.
C. Developer provides supportive services and shelter/ transitional housing to domestic violence and sexual abuse victims in Shasta County. Developer wishes to move and expand their existing services to its clients at the subject property. To facilitate this transition, the Developer is interested in obtaining financial support for its new Shelter and Client Services Building, known as the Sierra Center.
D. Financial support is needed to fund a portion of the Pre- development Costs associated with the rehabilitation of the two- story, 16, 000- square- foot Sierra Center. The Sierra Center Project will include creating a client service center on the first floor and a shelter facility on the second floor to house more than 60 women, men and children(" the Project").
E. The United States Department of Housing and Urban Development (" HUD") allocates funds to the Community Development Block Grant ( CDBG) program. The City is a CDBG Entitlement Community that distributes such funding geographically within its boundaries.
F. HUD has recently approved City' s 2014 Action Plan wherein the CDBG Housing Rehabilitation Program may be used to rehabilitate shelters/ transitional housing units that assist populations that are homeless or have housing special needs ( such as domestic violence victims). Developer assists and provides services and shelter/ transitional housing to these presumed eligible populations.
G. City and Developer desire to enter into this Development Funding Agreement the " DFA") to financially assist the Developer with the Pre- development and planning costs of the Project to help assist with this valid and worthwhile purpose.
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 1 Packet Pg. 88 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
AGREEMENT
1. DEFINITIONS. The following definitions shall apply for the purposes of this DFA:
1. 1 " Certificate of Completion" shall mean the document attached as Exhibit 12.
1. 2 " City" shall mean the City of Redding. The City is a municipal corporation and general law City. City as it is used in this DFA, includes the City Council of the City of Redding and any assignees of or successors to its right, powers, and responsibilities. The principal office of the City is located at 777 Cypress Avenue, Redding, California 96001.
1. 3 " City Assistance" or " City Loan" shall mean the financial assistance provided by the City pursuant to Sections 3. 1 & 3. 2.
1. 4 " City Manager" shall mean the City Manager of the City of Redding.
1. 5 " Code of Federal Regulations" or " CFR" is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
1. 6 " Days" shall mean calendar days unless expressly stated otherwise. If the date or time period for any action under this DFA falls or ends on a Saturday, Sunday or federal, state or legal holiday, then such date or time period shall automatically be extended until 5 p.m. Pacific Time of the next Day which is not a Saturday, Sunday or federal, state or legal holiday.
1. 7 " Deed of Trust" shall mean the deed of trust recorded against the Site to secure the City Loan, a representative copy of which is attached hereto as Exhibit 4.
1. 8 " Developer" is Once Safe Place, a California nonprofit public benefit corporation.
The principle office of the Developer is located at 2280-A Benton Drive, Redding, CA 96001.
The phone number for voice communication with the Developer is 510. 244. 0118 and for facsimile transmittal to the Developer is 530. 244. 2653. Developer as it is used in this DFA, shall include any permitted nominee, assignee, or successor in interest as herein provided.
1. 9 " Development Funding Agreement" or " DFA" is this agreement which includes this document and the referenced exhibits and attachments to this DFA, which are all incorporated in this DFA as if set forth in full in the body of the DFA. A default of any of the referenced exhibits or attachments shall be deemed a default of this DFA.
1. 10 " Effective Date" shall mean the date this DFA is signed by the City or its designee authorized to sign on behalf of the City.
1. 11 " Escrow" is the escrow for the execution and recordation of the Security Documents.
1. 12 " Escrow Closing Costs" shall mean the fees, charges, and costs identified in Section 4. 2. 1 applicable to the City Loan Documents.
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 2
Packet Pg. 89
Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
1. 13 " Improvements" shall mean the improvements existing or to be constructed and/ or rehabilitated on the Site in accordance with the Project Final Plans and this DFA.
1. 14 " Lender" shall mean all holders, including the Construction Lender, of any lien or encumbrance as security for financing on all or any part of the Site and references to the Site shall mean.
1. 15 " Notice of Completion" is the document attached as Exhibit 11.
1. 16 " Other Financing" shall mean the non-City financing sufficient to cover the remaining costs to complete the Project pursuant to Section 3. 5.
1. 17 " Pre- development Costs" shall mean the approved Project pre- development expenses that include the following:
a) feasibility studies;
b) planning, design and architectural expenses;
c) legal and financial expenses;
d) required permit and approval expenses;
e) appraisals;
f) consulting expenses;
g) filing fees, legal fees and regulatory fees; and
h) other expenses as authorized by the City.
1. 18 " Preliminary Project Budget" shall mean the document attached as Exhibit 9.
1. 19 " Project" shall mean the rehabilitation of the Sierra Center that includes creating a client service center on the first floor and a shelter facility to house more than 60 men, women and children on the second floor at the Site, as more particularly set out in this DFA.
1. 20 " Project Budget" is the identification of costs for all Project pre- development activities.
1. 21 " Project Manager" shall mean the City' s designee of a City staff person to review, approve and process the invoiced payment requests associated with the Pre- development Costs, review the Project Final Plans, and serve as the City' s liaison to participate with construction draw meetings and to ensure the Project is completed and operated as proposed.
1. 22 " Promissory Note" or " City Promissory Note" shall mean the promissory note to be executed by Developer, or other party authorized by this DFA which evidences the City Loan, a representative copy of which is attached as Exhibit 5.
1. 23 " Property" or " Site" shall mean the realproperty located in the City of Redding, Shasta County, California, at 2250 Benton Drive, Redding, Shasta County, California. The Assessor' s Parcel Number is 112- 390- 014, more specifically described in Exhibit 1 and depicted in Exhibit 2. The Developer has named the Property" Sierra Center".
1. 24 " Residual Receipts" shall mean any Project net income remaining after:
a) The payment of:
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 3 Packet Pg. 90 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) i) All amounts required to be deposited in the reserve fund for replacements or maintenance, or any other reserve required by a lender or investor in the Project as approved by the City.
ii) All obligations of the Project other than the residual receipts loan including amortized payments on superior loans.
iii) All operational costs of the Project, including staff costs, insurance, utilities, and other costs approved by the City as necessary for the operation of the completed facility.
b) The segregation of:
i) An amount equal to the aggregate of all special funds required to be maintained by the Project.
ii) All tenant security deposits being held.
1. 25 " Residual Receipts Loan" shall mean a loan, the repayment of which is dependent upon the availability of net income remaining after deducting the amount necessary to satisfy City approved operating expenses associated with the operation and maintenance of the Project.
1. 26 " Schedule of Performance" is attached as Exhibit 10.
1. 27 " Scope of Development" is attached as Exhibit 7.
1. 28 " Section 3 Clause" is attached as Exhibit 14.
1. 29 " Security Documents" shall mean the following documents related to the Project:
the Deed of Trust and the Promissory Note.
2. THE AGREEMENT.
2. 1 Purpose of the DFA. The purpose of this DFA is to further the goals of the City by creating affordable housing opportunities that assist individuals and families with emergency shelter and support services that help them transition to a stable and self-sufficient lifestyle with permanent housing.
The City represents that the rehabilitation of the structure and the completion of the Project are in the vital and best interests of the City of Redding for the health, safety, morals and welfare of its residents; for the purpose of community improvement and to improve, preserve, and increase the supply of the City' s shelter and transitional housing units. Developer acknowledges the risks and speculation inherent with respect to real estate development projects, and represents and agrees, that its development of the Site under the DFA is not intended for speculation in land holding.
It is contemplated by the parties that all activities undertaken by Developer will be in accordance with this DFA. All attachments and exhibits are hereby incorporated into this DFA by reference.
2. 2 Scope of Work. It is contemplated by the parties that the Developer will improve the existing Property by reconfiguring the existing two- story commercial and rehabilitating the structure into a mixed-use building with first floor office space that will be used as a Client Service Center and remodeling the second floor to create a shelter/ transitional units. The scope Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 4
Packet Pg. 91
Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) of work to be carried out by the Developer under this DFA is more particularly described in Exhibit 7 and according to the timeframe described within the Schedule of Perfoituance Exhibit
10. 2. 3 Tetiu. This DFA shall commence as of the Effective Date and proceed as required by the DFA and the Schedule of Perfouuance, and, except for any deed restrictions, covenants running with the land, or other agreements or provisions which by their terms survive the term ofthe DFA, shall terminate upon the completion of all of the following:
a) Completion of the construction of the Project in accordance with the DFA and Project Specifications;
b) Fulfillment by the parties oftheir obligations under this DFA.
2. 4 Representatives to the DFA:
City: City of Redding Housing Division
Attention: Nicole Smith
PO Box 496071
Redding, Ca 96049- 6071
530- 225- 4336
Developer: Shasta Women' s Refuge, Inc.
dba One Safe Place
Attention: Jean King, Executive Director
2280 Benton Drive, Suite A
Redding, CA 96003
530- 244- 0118
2. 5 Environmental Review Requirement. Notwithstanding any provision of this DFA, the parties hereto agree and acknowledge that this DFA does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the City of release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part Section 58. The parties further agree that the provision of any funds to the Project is conditioned on the City' s determination to proceed with, modify or cancel the Project based on the results of a subsequent environmental review.
2. 6 Relocation Plan. Developer shall ensure that the relocation of existing tenants necessary due to Project activities shall adhere to the requirements of Federal relocation laws, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act URA), Section 104 ( d) of the Housing and Community Development Act of 1974, as well as relocation provisions contained in the CDBG program. The City shall have the right to monitor relocation activities and review all case files and records to insure compliance with the above noted regulatory requirements and the Relocation Plan.
3. PROJECT FINANCING.
3. 1 City Assistance. In order to effectuate the completion of the Project on the Site by the Developer, the City shall provide a loan in an amount not to exceed Three Hundred Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 5 Packet Pg. 92 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) Thousand and No/ 100 Dollars ($ 300,000) pursuant to the terms and conditions described in subsection 3. 2. 1 and this DFA ( the " City Loan"). The City Loan shall constitute the City Assistance to the Project. The City Assistance is provided for the sole purpose of assisting Developer in the completion ofthe Project and to ensure long-term use of the facility as a public facility that provides supportive services and shelter/ transitional units for victims of domestic violence.
3. 2 City Loan. The City Assistance to the Project shall be in the form of a Residual Receipts Loan funded with CDBG grant funds pursuant to the terms and conditions described in this DFA.
3. 2. 1 Terms and Conditions. The City Loan shall be evidenced by a Promissory Note in favor of City for the full amount of the City Loan. The Promissory Note shall bear simple interest at one percent ( 1%) per annum. The term of the City Loan shall commence upon the date of the Promissory Note and terminate thirty ( 30) years therefrom. Repayment of the City Loan during the term of the City Loan shall be based upon the availability of Residual Receipts generated by the Project as further identified within the Promissory Note and Section
3. 3. Payment in full of the remaining balance of principal and interest, if any, shall be due and payable at the conclusion ofthe City Loan teiiii.
The Promissory Note shall be secured by a Deed of Trust recorded on the Property . The Deed of Trust shall be a lien on the Property that shall be junior only to deeds of trust securing the private financing or other financing approved by the City as described in Section 3. 5 of this DFA.
The Promissory Note shall not be assumable by the successors and assigns of Developer, or other party authorized by this DFA without the prior written consent of the City, whereby such consent shall not reasonably be withheld.
3. 3 Repayment of City Loan. Following the completion of construction, no later than ninety ( 90) Days after the end of each fiscal year ( July through June of each year), Developer shall provide City with a written year- end cash flow analysis and audited financial statement for the Project prepared by a certified public accountant. Any Residual Receipts realized from the operation of the Project as shown by the annual audit, shall paid to the City.
Any such Residual Receipts received by the City shall be credited as a payment on the City Loan and shall be applied first to reducing the interest, if any on the loan, and subsequently, to reducing the principal.
Developer, or any other party authorized by this DFA, including any successors and assigns, shall provide to City upon request any additional Project financial documentation City deems necessary to determine the availability of Project Residual Receipts.
Developer, or other party authorized by this DFA, including any successors and assigns, may pay in full, or any part of, the City Loan prior to the due date without penalty.
3. 4 City Additional Financing Terms. Subject to the notice and cure rights set forth in Section 11. 1 the full amount of the City Loan, including principal and all accrued interest, shall become immediately due and payable upon the occurrence of any of the following:
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 6 Packet Pg. 93 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) a) Developer' s failure to proceed with and complete the Project in accordance with the Schedule of Perfoiniance; or
b) Developer abandons or substantially suspends construction of the Improvements for a period of three ( 3) months after written notice of such abandonment or suspension from the City;
c) Developer fails to utilize the Site for the Project within the timeframe set forth in the Schedule of Performance or as authorized in writing; or d) Other material breach of this DFA.
3. 5 Other Financing. Developer shall obtain private and other financing which, when combined with the City Loan shall be sufficient for the completion of the Project and its operation in conformity with this DFA. Specifically, Developer shall provide private commercial financing for the commercial and shelter elements of the project. It is anticipated that the private financing will be provided by Redding Bank of Commerce or an alternate lender approved by the City in the approximate amount One Million Eight Hundred Thousand Dollars ($ 1, 800, 000) ( the Private Loan Amount"). The balance of the funds will be cash from the Developer in the approximate amount of Six Hundred Thousand Dollars ($ 600, 000). Developer shall provide to City evidence of such private and other financing firm commitments no later than eighteen ( 18) months from the Effective Date of the DFA.
3. 6 Approval of Other Financing Commitments. Developer shall provide to City for review and approval evidence of a firm and binding commitment for any private financing necessary for the Project pursuant to the time specified in the Schedule of Performance. Such commitments shall be subject only to reasonable conditions of the Lender necessary to assure the value and security of its loan. Such commitments shall not be subject to conditions which require amendment of this DFA or other agreements between Developer and City without City approval.
Said commitments shall be, in the aggregate, in a total amount sufficient to complete development of the Project as provided in the Project Budget and to fulfill all other obligations of this DFA.
3. 7 City Approval of Private Financing Security Documents. All non-City financing security documents shall be in a form and substance so as to be considered within the convention set by generally accepted commercial lending practices and shall be acceptable to City and its counsel, which acceptance shall not be unreasonably withheld, conditioned or delayed. Any non- City financing security documents for the Project shall comply with this DFA.
3. 8 Limitation on Encumbrances. Prior to the completion of the Project, Developer shall not engage in any financing or any other transaction creating any encumbrance or lien on the Property, whether by express agreement or operation of law, except to obtain funds to be used only for actual costs of the Project and other expenditures necessary and appropriate to develop the Property in accordance with this DFA. Developer shall notify the City in advance of any proposed financing to be secured by the Property. In any event, Developer shall promptly notify City of any encumbrance or lien that has been created on or attached to the Property. If Developer is not in default of this DFA, and if City approves all of the private financing documents, including the terms of any subordination agreement, which approval shall not be unreasonably withheld, City will subordinate its Deed of Trust to the lien of a construction deed of trust for such financing.
3. 9 Provisional Refinancing. Developer may, without City consent, refinance any Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 7 Packet Pg. 94 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) indebtedness secured by an encumbrance which is superior to the City' s Deed of Trust, provided that the refinanced encumbrance shall have the following characteristics:
3. 9. 1 Amount. The refinanced encumbrance shall not secure indebtedness in a dollar amount greater than the balanced owed on the indebtedness plus reasonable costs related to the refinancing to which the City' s interest was originally subordinated.
3. 9. 2 Debt Service. The debt service of the refinanced indebtedness shall be an amount which does not exceed the amount of the debt service of the indebtedness to which the City' s interest was originally subordinated.
3. 9. 3 No Monies to Developer. Developer shall receive no fees or monies as a result of the refinancing of the indebtedness of the Project unless otherwise approved by the City.
3. 9.4 Subordination Agreement. Subject to City approval, which approval shall not be unreasonably withheld, upon request, City shall execute any document reasonably required to evidence the subordination of the City' s Deed of Trust to a permitted indebtedness, as set forth in Section 3. 2, or refinancing. In the event a subordination agreement meets these requirements, the Deputy City Manager shall be authorized to execute the subordination agreement on behalf of the City without additional authorization by the City Council.
3. 10 Assurances to Lenders. City and Developer shall in good faith consider making such reasonable modifications to this DFA and executing such further instruments and agreements as a Lender secured by a senior interest in the Property may reasonably request to acknowledge and protect such Lender' s rights, provided such modifications, instruments and agreements do not materially or adversely affect any party' s rights or obligations under this DFA and provided such modifications, instruments, and agreements serve a material economic purpose
3. 11 No Reimbursement. Except as expressly provided in this DFA, no person shall have the right of reimbursement from the City for any funds expended by them for the Project.
This provision does not preclude any person from receiving reimbursement from persons other than the City.
4. DISBURSEMENT OF CITY ASSISTANCE and RECORDATION OF SECURITY DOCUMENTS.
4. 1. Disbursement of Proceeds from City Loan. Upon execution and recordation of all City Security Documents and completion of the escrow described in Section 4. 2, the City funds will be disbursed to Developer through the City' s Finance Division pursuant to Section 4. 3. A portion of the proceeds of the City Loans may be utilized for authorized title and escrow costs associated with the escrow described in Section 4. 2. Alternatively, the Developer may choose to pay all title and escrow charges utilizing non- City resources.
4. 2 Escrow. Within ten ( 10) days of the execution of this DFA by the City, the City and Developer agree to establish an escrow account with a title and escrow company mutually agreeable to both parties (" Escrow Agent"). This DFA constitutes the joint escrow instructions of the City and Developer with respect to the recordation of City Security Documents. A copy of this DFA shall be delivered to the Escrow Agent. The City and Developer shall provide the Escrow Agent with such additional escrow instructions as shall be necessary and consistent with Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 8
Packet Pg. 95
Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) this DFA. The Escrow Agent is hereby empowered to act under this DFA, and upon indicating its acceptance ofthe provisions ofthis Section 4. 2, inclusive, in writing, delivered to the City and Developer within five ( 5) Days after receipt of this DFA, shall carry out its duties as Escrow Agent hereunder. Close of escrow shall occur when all closing conditions have been satisfied.
The Escrow Agent is authorized to pay and charge the Escrow Account for the following fees, charges and costs ( Escrow Closing Costs):
a. the escrow fee;
b. recording fees, if any; and
c. premiums for standard ALTA title insurance policies for the City Loan.
Before such payments are made, the Escrow Agent shall notify the City and the Developer of the amount of the Escrow Closing Costs. The City shall pay in escrow to the Escrow Agent the agreed upon Escrow Closing Costs, if any. Payment shall be made promptly after the Escrow Agent has notified the City and Developer of the amount of Escrow Closing Costs but no earlier than ten ( 10) Days prior to the scheduled date for close of escrow. The amount disbursed for the Escrow Closing Costs shall be deducted from the amount of the City Loan described in Section 3. 1 of this DFA. In addition, the Escrow Agent is authorized to:
a. Deliver any documents to the parties entitled thereto when the conditions of the escrow have been fulfilled by the City and the Developer. b. Record any instruments delivered through the escrow, if necessary or proper, in accordance with the terms and provisions of this DFA.
The close of escrow shall be in accordance with the schedule of performance ( Exhibit 10).
If the escrow is not in condition to close within the timeframe stated above, either party who then shall have fully performed the acts to be perfotuied may, in writing, tei urinate this DFA in the manner set forth in Section 13 hereof, and demand return of its money, papers, or documents. Thereupon, all obligations and liabilities of the parties under this DFA shall cease and tetuiinate in the manner set forth in Section 13 hereof. If neither the City nor the Developer have fully performed the acts to be performed before the scheduled closing date, no termination or demand for return shall be recognized until ten ( 10) Days after the Escrow Agent shall have mailed copies of such demand to the other party or parties at the address of its or their principal place of business. If any objections are raised within the ten ( 10) Day period, the Escrow Agent is authorized to hold all money, papers and documents until instructed in writing by all parties to this DFA or, upon failure thereof, by a court of competent jurisdiction. If no such demands are made, the escrow shall be closed as soon as possible. Nothing in this Section 4.2 shall be construed to impair or affect the rights or obligations of the City or the Developer to specific performance.
Any amendment of these escrow instructions shall be in writing and signed by the City and the Developer. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment.
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 9 Packet Pg. 96 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) All communications from the Escrow Agent to the City or the Developer shall be directed to the addresses and in the manner established in Section 14. 9 of this DFA.
The liability of the Escrow Agent under this DFA is limited to performance of the obligations imposed upon it under Section 4. 2 of this DFA.
Title Insurance. Concurrently with the recordation of the Deed of Trust on the Property, the Escrow Agent shall issue and deliver to the City one policy of ALTA lender' s title insurance in the amount of the City Loan, the cost of which shall be paid pursuant to Section 4. 2 of this DFA. Said policy shall show title to the Property vested in Developer, or other party authorized by this DFA and insure City as beneficiary. The ALTA policy for the City Loan shall insure the priority of the City' s Deed of Trust subject only to the Declaration of Rent Restrictions.
4. 3 Execution and Deposit of Promissory Note and Deed of Trust; Recordation of Deed. The Developer shall execute the Promissory Note and the Deed of Trust. With close of escrow, the Escrow Agent shall file the Deed of Trust for recordation on the Site with the Office of the Recorder of the County of Shasta. The Deed shall be a lien against the Site which shall be junior only to deeds of trust securing the private financing.
4. 4 Disbursement of Proceeds from City Loan. City will reimburse Developer completed and correct written invoices and following review and approval of work performed under this DFA. All invoices shall include a breakdown of specific services rendered, by Task for which payment is being requested. Developer shall provide any additional information requested by City in order to approve payment under the agreement.
4. 5 Commencement and Completion of Construction. Developer shall promptly begin and thereafter diligently pursue to complete the construction of the Project and the development of the Property in accordance with the provisions of this DFA and at the times specified in the Schedule of Performance; and complete construction not later than the date set forth in the Schedule of Performance. Time is of the essence.
4. 6 Preparation of Plans and Related Documents
4. 6. 1 Project Manager. Subject to the terms ofthis DFA, the City shall designate a Project Manager who shall, in addition to other responsibilities under this DFA, have the right of architectural and site planning review of all plans and drawings, including but not limited to complete structural and engineering plans, and landscape plans associated with the Project as well as any changes therein.
4. 6. 2 Preparation of Final Plans. In accordance with the time line set forth in the Schedule of Performance, the Developer shall prepare the Final Plans. The Final Plans shall include all construction plans, drawings, specifications and other documents required to obtain all required building permits for the construction of the Improvements. The Final Plans shall conform in all material aspects with the Scope of Development, unless otherwise approved by the Project Manager.
The Project Manager and the Developer shall hold regular progress meetings as necessary to coordinate the preparation, submission and review of the Final Plans. The Project Manager and the Developer shall communicate and consult informally to insure that the formal Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 10.
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Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) submittal of all or any part of the Final Plans to the City can receive prompt and speedy consideration.
4. 6. 3 Review of Final Plans. Developer shall provide the Project Manager with a complete set of Final Plans for the Project prior to or concurrently with the initial submittal of the Plans to the City of Redding Building Division of the Development Services Department. The Final Plans shall be accepted by the Project Manager, without further review by the City' s governing board, if a) the Plans conform in all material respects to the Scope of Development and this DFA, and b) no Substantial Changes, as hereinafter defined, have been made.
4. 6. 4 City Review of Substantial Changes to Final Plans. Notwithstanding the foregoing, any Substantial Change in the Final Plans is subject to City review. If the Developer desires to make a Substantial Change in the Final Plans, the Developer shall submit such proposed change, in writing, to the Project Manager for review.
A Substantial Change in the Final Plans shall mean any of the following changes, with respect to the Project:
a) An increase or decrease of greater than five percent ( 5%) of square footage or an increase or decrease in the number of bedrooms. b) Changes in use or the mix of Units.
c) Changes in the number of Units.
d) Changes in use of exterior finishing or landscape materials substantially affecting architectural appearance or functional use and operation of the Improvements. e) Material changes in size or placement of public service facilities; or material changes in general pedestrian or vehicular circulation in, around or through the Public areas of the Improvements.
f) Any changes required by or requiring approval of the City of Redding, the County of Shasta, or any state or federal board, body, or commission. g) Any change which would preclude or materially reduce the ability to use the Improvements as set forth in the Final Plans and this DFA.
The Project Manager' s review of Project Final Plans and any Substantial Changes is not an assurance of the adequacy or correctness of the Plans. Project Manager has reserved review rights to: a) assure that the Final Plans conform to the Scope of Development and the requirements of this DFA; and b) assure that City funds which may be obligated under this DFA are used as intended by the City.
4. 6. 5 Misrepresentation. If Project Manager' s approval of the Final Plans or the changes to the Final Plans delivered to the City is based upon a willful and material misrepresentation of Developer made in conjunction with the Final Plans or changes to the Final Plans, nothing in this Section shall be construed to preclude or limit the rights or claims of the City with regard to such misrepresentations, including any rights the City may have to rescind such approval.
4. 7 Certificate of Completion. After the Final Project Specifications are deemed basically complete by the Project Manager has determined that the Developer has completed the Project in accordance with Developer' s obligations under this DFA, the Project Manager will coordinate with the Developer to execute and record a Notice of Completion. Following the Notice of Completion 30-Day lien period and the resolution of any claims made the City will furnish the Developer with a Certificate of Completion certifying such completion. Such Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 1 1 Packet Pg. 98 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) certification shall be a conclusive determination of satisfaction and termination of the agreements in the DFA with respect to the obligations of the Developer to construct the Project and of the dates for the commencement and completion of construction, subject to any qualifications or limitations stated in such certification. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any governmental requirements other than City or any obligation of the Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance all or any part of the Project.
4. 8 Reports. During the period of construction, the Developer shall submit once a month a written progress report. The report shall be in such form and detail as may reasonably be required by the City and shall include a reasonable number of construction photographs taken since the last report if previously requested by the City.
5. USE OF PROJECT SITE
5. 1 Uses. The Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property, that during construction and through the loan repayment period, its successors and assigns, shall devote, use, operate, and maintain the Property in accordance with this DFA. All uses conducted on the Property, including, without limitation, all activities undertaken by the Developer pursuant to this DFA, shall conform to all applicable provisions of the City of Redding Municipal Code, and any restrictions of record or any ofthe recorded documents against the Property .
5. 2 Public Facility. The Developer affirms the use of the property as a public facility for the Developer' s mission to provide intervention and safety to a community affected by domestic violence and sexual abuse. The bottom floor of the property will provide multiple offices for staff, client intake, a children' s play area and a large community room with an adjacent patio. The second floor will be remodeled as shelter/transitional housing for women, children and men with additional staff offices. All of the improvements are designed to facilitate the safety and well-being of the clients which will help expedite their successful removal from domestic violence.
5. 3 Management and Maintenance. The Developer shall manage and maintain, or cause to be managed and maintained, the Improvements. The Developer shall maintain the Site in good condition throughout the loan period. The Developer shall keep parking areas, lighting fixtures, trash enclosures, and all areas which can be seen from adjacent streets, free from any accumulation of debris or waste materials by regularly scheduled maintenance. The Developer shall maintain the planted areas and all landscaping areas. Maintenance shall include, but not be limited to watering, weeding, mowing, cultivating, pruning, staking and tying, trash pick- up and removal, and repairing any damage caused by pedestrian or vehicle encroachment into the planting and/or turf areas.
If at any time the Developer fails to maintain such areas in the manner required pursuant to this DFA, and said condition is not corrected upon written notice by the City pursuant to Section 13. 9 of this DFA, the City may, but shall not be obligated to, perform the necessary maintenance and the Developer shall pay such costs as are reasonably incurred for such maintenance, together with interest at the maximum lawful rate until full payment is made to the City. The monies expended by the City shall become a lien against the Site which shall be junior Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 12 Packet Pg. 99 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) and subordinate to deeds of trust for financing or refinancing of the Improvements as allowed pursuant to this DFA.
Not withstanding the above, the City reserves for itself the right to exercise any and all remedies available to it under this DFA and the Deed of Trust securing the City' s rights under this DFA.
6. COVENANTS REGARDING USE AND OPERATION OF THE PROJECT AND SITE.
The Developer covenants and agrees for itself, its successors, its assigns and every successor- in-interest to all or any part of the Site that the Developer, such successors and such assignees shall act as follows:
6. 1 Nondiscrimination. Developer, its successors and assigns, shall not discriminate on the basis of race, color, religion, creed, age, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease or rental or in the use or occupancy of the Site and the Improvements.
6. 2 Fair Housing. The Fair Housing Act ( 42 U. S. C. 3600, et seq.) prohibits discrimination in the sale, rental, and financing of housing because of race, color, religion, sex, handicap, familial status, or national origin. Section 804( ca), as amended, makes it unlawful to make, print, publish, or cause to be made, printed or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
Upon completion of the project and subsequent utilization of the facility, the facility shall display an equal housing opportunity logotype, statement, or slogan as a means of educating the home- seeking public that the property is available to all persons regardless of race, color, religion, sex, national origin, familial status, or disability. A Fair Housing poster ( Exhibit 15) must be prominently displayed from the beginning of construction through occupancy. The Fair Housing poster shall be 11 inches by 14 inches ( 24 CFR 110. 25). A failure to display a Fair Housing poster as required shall be deemed prima facie evidence of a discriminatory housing practice ( 24 CFR Part 110. 30)
6. 3 Section 504. Developer shall comply fully with 24 CFR Part 8 Section 504 that provides that no qualified individual with a disability shall, only by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.
6. 4 Effect of Violation. The City is deemed the beneficiary of the terms and provisions of this DFA, both for its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose benefit this DFA and the covenants running with the land have been provided. The DFA and the covenants shall run in favor of the City without regard to whether the City has had or does have any interest in the Site.
7. INDEMNIFICATION.
Developer hereby agrees to protect, defend, indemnify and hold harmless, City, its officers, elected or appointed officials, employees, agents and volunteers from and against any Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 13 Packet Pg. 100 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) and all claims, damages, losses, expenses, judgments, demands, penalties, fines, defense costs, and consequential damage or liability of any kind or nature, however caused, arising directly or indirectly out of the obligations or operations herein undertaken by Developer, but only to the extent such damage or liability is caused in whole or in part by any act or omission of the Developer, any contractors or subcontractors of Developer or anyone for whose acts Developer may be liable, including, but not limited to, concurrent active or passive negligence, except where caused by the active negligence, sole negligence or willful misconduct of the City or resulting or arising from allegations that the City failed to administer the program in accordance with applicable law. Developer will conduct all defense at its sole cost and expense and City shall have right to approve or disapprove legal counsel defending the City. City shall be reimbursed for all costs and attorney's fees incurred in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable, but it is the intent of the parties that nothing in this provision is intended to otherwise reduce any insurance coverage on any policy of insurance held by the Developer or its subcontractors to which the City would otherwise be entitled to in the absence of this provision; accordingly the indemnity obligations hereunder shall not apply to this extent this indemnity would reduce or eliminate existing insurance coverage that would inure directly or indirectly to the benefit of the City. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Developer. This Section 9 shall survive the termination of this DFA, irrespective of the reason for its termination, until a date that is ten ( 10) years following the date the City furnishes the Developer a Certificate of Completion; provided however that nothing in this provision is intended to extend the statute of limitations by which any party other than the City can bring their claim.
8. INSURANCE REQUIREMENTS AND PUBLIC SAFETY PROTECTIONS.
Developer shall promptly take steps to protect the public from the risk of injury whether from the condition of the Property or Developer' s activities in connection with the Property. The Developer shall obtain and maintain, or require the contractor and subcontractors for the Project to purchase and maintain the following insurance for claims which may result from the operations under the DFA of the Developer, any contractor, subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
8. 1 Developer Insurance Requirements. Developer shall procure and maintain for the duration of the DFA insurance against claims for injuries to persons or damages to Site which may arise from or in connection with Developer' s activities hereunder. The cost of such insurance shall be borne by Developer. Developer shall maintain the following noted insurance:
Coverage Required Not Required
Commercial General Liability X (if Contractor does not carry) Comprehensive Vehicle Liability X
Workers Compensation and Employee Liability X
Hazard/All Risks X
8. 1. 1 Hazard Insurance. Prior to the close of Escrow described in Section 4. 2, Developer shall provide proof of insurance covering the improvements now existing or hereafter erected on the Property for full replacement value against loss by fire, hazards included within the term " extended coverage," and such other hazards as the City may require and in such Development Funding Agreement Between
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dba One Safe Place and the City of Redding 14
Packet Pg. 101 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) amounts for the full remaining term of the City Loan. The City shall be named as a mortgagee and as an additional insured loss payee on all policy documents.
8. 2 Contractor Insurance Requirements. During the course of construction, Developer shall ensure that the Contractor and Subcontractors maintain the following noted insurance:
Coverage Required Not Required
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers Compensation and Employee Liability X
Builder' s Risk/ Course of Construction X
Hazard/All Risks X
8. 3 Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office form number CG- 0001, Commercial General Liability Insurance, in an amount not less than $ 1, 000, 000 per occurrence $ 2, 000, 000 general aggregate for bodily injury, personal injury and property damage; b) Insurance Services Office form number CA-0001, Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $ 1, 000, 000 combined single limits per accident applicable to all owned/ non- owned and hired vehicles; c) Statutory Workers Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $ 1, 000, 000 per occurrence. Both the Workers Compensation and Employers' Liability policy shall contain the insurer' s waiver of subrogation in favor of the City, its elected officials, officers, agents, employees and volunteers;
d) Deductibles and Self- Insured Retentions: Any deductibles or self-insured retentions, and any modifications thereof, must be declared to and approved by the Risk Manager ofthe City of Redding.
8. 4 Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
a) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of Developer; products and completed operations of the Developer; premises owned, occupied, or used by the Developer. The coverage shall contain no special limitations of the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers. b) Developer' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be in excess of Developer' s insurance and shall not contribute with it. c) Each insurance policy required by this clause shall be endorsed to state that Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 15 Packet Pg. 102 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) Days prior written notice has been given to the entity. d) All insurance' policies and renewals thereof shall be in form acceptable to the City. Developer shall promptly furnish to City copies of all renewal notices and all receipts of paid premiums. In the event of loss, Developer shall give prompt notice to the insurance carrier and City. City may make proof of loss if not made promptly by Developer.
8. 5 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best' s rating of no less than A: VII.
8. 6 Verification of Coverage. Developer shall furnish the Risk Manager of the City of Redding with certificates of insurance and original endorsements effecting coverage required by this DFA. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Risk Manager of the City of Redding as a condition precedent to the obligation of the City to disburse funds under this DFA.
8. 7 Failure to Maintain. If Developer fails to obtain or maintain, or cause to be obtained and maintained, any insurance required by this DFA, the City shall have the right to purchase the insurance and Developer shall reimburse the full costs to City of obtaining such insurance.
9. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER.
9. 1 Prohibition Against Transfer of Rights or Obligations. City has entered into this DFA in reliance upon the identity and qualifications of the Developer. Developer may not assign or otherwise transfer Developer' s rights or obligations under this DFA without the prior written consent of City.
9. 2 Prohibition Against Transfer of Interest. Developer represent that it is informed, and Developer shall inform any successors in interest, of the provisions of this Section 11.
Subject to restriction of federal and State securities regulation and prior to issuance of a Certificate of Completion, Developer shall not permit transfers of ownership which would result in a change in management authority or fiscal ability with respect to Developer or, with respect to any of the parties in control of the Developer, by any method or means, including, but not limited to sale, transfer, increased capitalization, merger with another corporation, corporate or other amendments, or otherwise. With respect to this provision, the Developer represents that it has the authority to agree to and bind Developer to this provision.
9. 3 Transfer or Assignment.
9. 3. 1 Transfer or Assignment of Interests, Rights, or Obligations in the DFA.
Except as required to obtain the financing approved by City, Developer shall not, prior to the issuance of the Certificate of Completion, make any total or partial sale, assignment or transfer of any interest in the DFA without the prior written approval of the City.
9. 3. 2 Transfer or Assignment of Interests in the Site. Except as required to obtain the financing approved by the City, Developer shall not, prior to the issuance of the Certificate of Completion, make any total or partial sale, assignment or transfer of any interest in Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 16 Packet Pg. 103 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) the Site without the prior written approval ofthe City.
9. 3. 3 One- Time Assignment to Controlled Entity. Notwithstanding the foregoing, the City Manager or designee, is hereby authorized to approve, in writing, a one-time assignment by Developer of all of its rights and obligations under the DFA, and all of its interest in the Site, to a limited partnership of which Developer, or its wholly controlled affiliate, is the managing general partner, and which shall own the Property at the time of closing the City Loan.
Such transfer shall be subject to Developer' s compliance with the requirements of this DFA.
9. 3. 4 Conditions of Approval. City shall be entitled to require the following as conditions to any approval of any assignment or transfer of any interest in the Property, the DFA, or the Developer:
a) Qualifications and Financial Responsibility. Any proposed transferee shall have the qualifications and financial responsibility, as determined by City, necessary and adequate to fulfill Developer' s obligations under the DFA ( or, in the event of transfer of a part ofthe Site, such obligations to the extent that they relate to such part). b) Assumption of Obligations. Any proposed transferee shall, for itself and its successors and assigns, expressly assume all of Developer' s obligations under the DFA and shall agree to be subject to all the conditions and restrictions to which Developer is subject ( or, in the event the transfer is of or relates to part of the Site, such obligations, conditions and restrictions to the extent that they relate to such part). Said assumption of obligations shall be in writing in recordable form approved by City and shall expressly be for the benefit of City. The fact that any such transferee shall not have assumed such obligations or so agreed, shall not relieve such transferee from such obligations, conditions, or restrictions, or deprive the City of any rights or remedies or controls with respect to all or any part of the Site or this DFA that the City would have had, had there been no such transfer or change. c) Review of Documents. Developer shall submit to the City for review all legal documents involved in effecting such transfer. Such documents shall be subject to City' s prior written approval.
d) Limits on Consideration. Prior to issuance of the Certificate of Completion, the consideration payable for the transfer by such transferee of any interest in the Site or the DFA shall not exceed the actual costs incurred for the Project, if any, actually made. It is the intent of this provision to preclude assignment of the DFA or transfer of the Site for profit prior to the completion of the Project.
e) Other Conditions. Developer and such transferee shall comply with such other conditions as City may find necessary and reasonable in order to achieve and safeguard the purposes of the DFA.
9. 4 Developer Obligations Not Relieved. In the absence of specific written agreement by the City to the contrary, no such transfer or approval of transfer by the City shall relieve the Developer or any other party bound in any way by the DFA, from any of its obligations under the DFA.
10. FINANCING DEFAULTS.
10. 1 Lender' s Option to Cure Defaults. After any default of Developer' s obligations Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City ofRedding 17 Packet Pg. 104 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) under the DFA, each Lender ( or successor to Lender) shall have the right, at its option, to cure or remedy such default ( or to the extent that it relates to the part of the Site covered by its lien), within the time for cure allowed to Developer as stated in Section 11. 1 and to add the cost of such cure to the debt and the lien secured by the Site. If the breach or default relates to construction of the Project, however, Lender shall not undertake or continue the construction of the Project ( beyond the extent necessary to conserve or protect Project or construction already made) unless Lender assumes in writing Developer' s obligations to complete the Project on the Site in the manner provided in the DFA. Any Lender ( or successor to Lender) who properly completes the Project as provided in the DFA shall be entitled, upon written request made to the City, to receive a Certificate of Completion from. the City in a manner provided in the DFA.
Such certification shall mean that any remedies or rights with respect to revesting of title to the Site that the City may have because of Developer' s failure to cure any default with respect to the construction of the Project on other parts of the Site, or because of any other default of the DFA by the Developer shall not apply to the part of the Site to which such certification relates.
10. 2 City' s Option to Pay Debt or Purchase Site. If, after Developer' s default under the DFA and after sixty ( 60) Days prior written notice from the City, the Lender fails to exercise its option to construct the Project or undertakes, but does not diligently prosecute to completion, construction of the Project, City shall have the option, exercisable only by written notice to Lender within ten ( 10) Days after expiration of the sixty ( 60) Day period, to do one of the following:
10. 2. 1 Pay Debt. City shall be entitled, at its option, to pay to the Lender the amount of the secured debt and acquire or terminate Lender' s secured position.
10. 2. 2 Deed in Lieu. If title to the Site has vested in Lender by way of a deed in lieu of foreclosure, City shall be entitled, at its option within sixty ( 60) Days from notice to City of Lender' s acceptance of such a deed, to a conveyance to it of the Site upon payment to Lender of an amount equal to the sum of the following:
a) The secured debt at the time of the deed in lieu of foreclosure ( less application of rentals and other income received during foreclosure proceedings). b) All expenses with respect to the deed in lieu of foreclosure. c) The costs of any Improvements made by Lender.
10. 2. 3 Foreclosure. City shall have the right to bid at any foreclosure sale held by or for any Lender on the Site.
10. 2. 4 Eminent Domain. Nothing in this DFA shall limit any exercise of City' s power of eminent domain over the Site.
10. 3 City' s Option to Cure Loan Default. In the event of a default prior to the completion of the Improvements by the Developer, or any successor in interest to Developer by reason of any of its obligations under any mortgage or other instrument creating an encumbrance or lien upon the Site, the City may at its option cure such default or breach following the expiration of any applicable cure period ( or sooner upon notice to Developer), in which case the City shall be entitled, in addition to any of its other rights or remedies, to reimbursement from the Developer of all costs and expenses incurred by the City in curing such default and to a lien upon the Site for such reimbursement, provided that any such lien shall be subject always to the lien of any then existing liens on the Site authorized by the DFA including, but not limited to, Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 18 Packet Pg. 105 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) any construction financing.
10. 4 Inclusion in Loan and Security Instruments. Either: ( a) City' s rights and remedies under this Section 12. 4 shall be included in all loan and security instruments of Lender related to the Site; or ( b) City and such Lender shall enter into an inter- creditor agreement in a form and substance acceptable to City and its counsel, incorporating such rights and remedies.
10. 5 Lender and Property. For the purposes of the DFA, the term " Lender" shall include all holders of any lien or encumbrance as security for a loan made to the Developer on all or any part of the Site and references to the Site shall mean that portion of the Site so encumbered.
11. DEFAULTS AND REMEDIES.
The provisions of this Section 11 are in addition to any provisions in the City' s Deed of Trust regarding default and remedies. Subject to any extension of time permitted by this DFA, a failure or delay by a party to perform any term or provision of this DFA constitutes a default of this DFA.
11. 1 Cure. Except as otherwise provided in the DFA, if either party shall default in, or breach, the DFA, such party shall cure such default or breach within thirty (30) Days after receipt of written notice from the other party of such default or breach. If the defaulting party does not cure or demonstrate to the reasonable satisfaction of the other party that it has acted and continues to act promptly and diligently to cure the default within such time, the aggrieved party may declare an " Event of Default" and institute proceedings to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default. While neither party is relieved of any obligation under this DFA to give notice, mere failure to notify the other party shall not be deemed a waiver of the defaulting party' s default.
11. 2 Termination Prior to Completion of Construction.
11. 2. 1 Termination by City. If, prior to completion of construction of the Improvements by Developer and without City approval, Developer assigns any interest in the DFA or the Site ( other than as permitted in this DFA), permits a change in the ownership or control in Developer in violation of this DFA, or fails to perform any obligation under the DFA, then City may elect to declare an Event of Default and terminate, subject to the cure period provided in Section 13. 1 above, the DFA, at its option. In such event, the City reserves all remedies for any damages incurred.
11. 2. 2 Termination by Developer. If, prior to completion of construction of the Improvements by Developer, City fails to perform any obligation under the DFA, then Developer may elect to declare an Event of Default and terminate, subject to the cure period provided in Section 13. 1 above, the DFA, at its option. In such event, Developer reserves all remedies for specific performance and/ or any damages incurred. In no event shall the failure by the City to approve the Project or any Project Plans for the Project be deemed a default by the City.
11. 3 Other Rights and Remedies of City. City shall have the right to institute such actions or proceedings as it may deem desirable to carry out the purposes of this Section 11, including the right to record in the public land records a written declaration of the termination of Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 19 Packet Pg. 106 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) all the rights of the Developer in the Site provided by this DFA.
The parties agree that specific performance may be sought as a remedy to the breach of this Agreement. Limited funds are available to City to accomplish the goals and purposes section forth in Section 2. 1. City would not enter into this Agreement if the purposes of this Agreement were not accomplished. Any breach of this Agreement may result in irreparable damage to City for which Developer will not have an adequate remedy at law. Accordingly, in addition to any other remedies and damages available, Developer acknowledges and agrees that City may immediately seek enforcement of this Agreement by means of specific performance or injunction whether prohibitory or mandatory), without any requirement to post a bond or other security.
11. 4 No Waiving by Delay. Any delay by a party in asserting any rights under this Section 11 shall not operate as a waiver of such rights or to deprive such party of, or limit, such rights in any way. Any waiver in fact made by a party with respect to any specific default shall not be considered as a waiver of the rights of such party with respect to any other defaults or with respect to the particular default except to the extent specifically waived in writing.
11. 5 Delays for Causes Beyond Control of Party. For the purposes of any of the provisions of the DFA, neither City nor Developer shall be considered in breach of, or default in, its obligations with respect to the Site or the Project, or the beginning, prosecution and completion of construction of the Improvements, if delay in the performance of such obligations is due to causes beyond the delayed party' s control and without its fault or negligence including, but not limited to, acts of God, acts of a public enemy, acts of any federal, state or local governmental body or City, delays in availability, procurements or delivery of adequate materials, equipment, supplies or personnel which are outside the control of Developer, acts of the other parties, fires, floods, epidemics, discovery of protected species or historical artifacts upon the Site, discovery of pre-existing hazardous materials, quarantine restrictions, strikes, freight embargoes, a general moratorium on financing for projects of the same type, and unusually severe weather ( as for example, floods, tornadoes, or hurricanes) or delays of subcontractors due to such causes. In the event of the occurrence of any such enforced delay, the time or times for performance of such obligations of the City and Developer shall be extended for the period of the enforced delay, provided that the party seeking the benefit of the provisions of this Section shall, within thirty ( 30) Days after the party has or should have knowledge of any such enforced delay, have first notified the other party, in writing, of the delay and its cause, and requested an extension for the period of the enforced delay. In no event, however, shall any period of enforced delay exceed ninety ( 90) Days if the party claiming enforced delay has not demonstrated, to the reasonable satisfaction of the other party, that it has acted and continues to act promptly and diligently, to the extent reasonably possible, to terminate such enforced delay.
11. 6 Rights and Remedies Cumulative. The rights and remedies of the parties to the DFA shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. Further, the remedies set forth in the City' s Deed of Trust shall not be construed as being limited by the terms and conditions set forth in this DFA and shall be available to the City without restriction. No waiver made by either such party with respect to the performance of any obligation of the other parties or any condition to its own obligation under the DFA shall be considered a waiver of any rights beyond those expressly waived in writing.
12. Special CDBG Administrative Requirements
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 20 Packet Pg. 107 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
12. 1 Financial Management
12. 1. 1 Accounting Standards. Developer agrees to comply with 24 CFR 84. 21- 28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
12. 1. 2 Cost Principles._Developer shall expend City funds and administer its Project in conformance with OMB Circulars A- 122, " Cost Principles for Non- Profits Organizations," or A-21, " Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
12. 2 Documentation and Record Keeping
12. 2. 1 Records to be Maintained. Developer shall maintain all records required by the regulations specified in 24 CFR 570. 506 that are pertinent to the activities to be funds under this DFA. Such records shall include, but not be limited to:
Records providing a full description of each activity undertaken; a. Records demonstrating that each activity undertaken meets one of the National objectives of the CDBG program;
b. Records required to determine the eligibility of activities; c. Records required to document the acquisition, improvement, or use or disposition of real property acquired or improved with CDBG assistance; d. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
e. Financial records as required by 24 CFR 570. 502, and 24 CFR 84. 21- 28; and
f. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
12. 2. 2 Retention. Developer shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this DFA for a period of five years. The retention period begins on the date of the submission of City' s annual performance and evaluation report to HUD in which the activities assisted under this DFA are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five- year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.
12. 3 Client Data. Developer shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request.
Developer shall also take appropriate measures to maintain confidentiality of client information.
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 21 Packet Pg. 108 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
12. 4 Disclosure. Recognizing that Developer may from time to time render services to recipients, which are highly personal and confidential in nature, City shall only disclose such information as required by law.
12. 5 Close- Outs. Developer' s obligation to City pursuant to this DFA shall not end until all close- out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets ( including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this DFA shall remain in effect during any period that Developer has control over CDBG funds, including program income or remains liable for payment to City under the Deed of Trust.
12. 6 Audits and Inspections. All Developer records with respect to any matters covered by this DFA shall be made available to City, state, and/ or federal authorities or any authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit/ monitoring reports must be fully cleared by Developer within 30 days after receipt of notice of deficiency or deficiencies by Developer. Failure of Developer to comply with the above audit/ monitoring requirements will constitute a violation of this DFA and may result in the withholding of future payments. Developer hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning sub recipient audits and OMB Circular A- 133.
12. 7 Reporting and Funding Availability City shall pay to Developer funds available under this DFA based upon information submitted by the Developer and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Developer, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with the advance fund and program income balances available in Developer accounts. In addition, City reserves the right to liquidate funds available to Developer under this DFA for costs incurred by City on behalf of Developer insofar as those costs incurred on behalf of Developer relate to the obligations of Developer under this DFA.
12. 8 Procurement and Subcontracts
12. 8. 1 OMB Standards. Unless specified otherwise with this DFA, Developer shall procure all materials, property, or services in accordance with the requirements of 24 CFR
84. 40- 48.
12. 9 Subcontracts
12. 9. 1 Monitoring. Developer shall monitor all subcontracted services on a regular basis to assure compliance with this DFA. The City shall be notified immediately if the subcontractee is found to be out of compliance with any aspect of the agreement.
12. 9. 2 Content. Developer shall cause all of the provisions of this DFA in its entirety to be included in and made a part of any subcontract executed in the performance of this DFA.
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 22
Packet Pg. 109 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
12. 9. 3 Selection Process. Developer shall undertake to insure that all subcontracts let in the performance of this DFA shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements contained in this DFA. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process.
12. 10 Use and Reversion of Assets. The use and disposition of real property and equipment under this DFA shall be in compliance with the requirement of 24 CFR Part 84 and 24 CFR 570. 502, 570. 503, and 570. 504, as applicable, which include but are not limited to the following:
Developer shall transfer to City any CDBG funds on hand and any accounts receivable attributable to the use of funds under this DFA at the time of expiration, cancellation, or termination.
Developer shall ensure that any real property that was acquired or improved in whole or part with CDBG funds in excess of$ 25, 000 is either:
Used to meet one of the CDBG national objectives pursuant to 24 CFR § 507. 208 until five years after expiration of this DFA, or such longer period of time as determined to be appropriate by City; or
Not used in accordance with this DFA in which Developer shall pay to City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures ofnon- CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to City. Developer may retain real property acquired or improved under this DFA after the expiration ofthe five-year period, or such longer period of time as City deems appropriate.
In all cases in which equipment acquired, in whole or in part, with funds under this DFA is sold, proceeds shall be program income prorated to reflect the extent that funds received under this DFA were used to acquire the equipment). Equipment not needed by the Developer for activities under this DFA shall be:
Transferred to City for the CDBG program; or
Retained after compensating City (an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment).
12. 11 FAIR HOUSING AND EQUAL OPPORTUNITY COMPLIANCE
12. 11. 1 Compliance. Developer shall comply with all state and local civil rights ordinances, laws and regulations and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104( b) and Section 109 of Title I of the Housing and Community Development Act (HCDA) of 1974 as amended, Section 504 of the Rehabilitation Act ( RA) of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 ( as amended by Executive Orders 11375, 11478, 12107 and 12086).
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 23 Packet Pg. 110 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) It is the intent of the City that services funded under this DFA are provided in a manner that encourages participation by all persons regardless of age, race, color, religion, sex, disability, familial status, national origin, veteran status, or English language proficiency.
12. 11. 2 Non- Discrimination ( HCDA Section 109). Developer shall comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570. 607, as revised by Executive Order 13279. The applicable nondiscrimination provisions in Section 109 of the Housing and Community Development Act HCDA) of 1974 are still applicable. Pursuant to Section 109, the Developer must provide services in a manner which will not cause discrimination on the basis of race, color, religion, sex, disability, familial status, or national origin. Segregated facilities, services, or benefits and different treatment are prohibited.
12. 11. 3 Non- Discrimination Noticing. Pursuant to Section 504 of the Rehabilitation Act RA) of 1973 ( 29 U.S. C. 794), the Developer shall include a non- discrimination notice in informational, advertising, and marketing materials. This clause applies if the Developer has 15 or more employees.
12. 12 Accessibility ( RA Section 504). Developer shall comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act ( RA) of 1973 ( 29 U.S. C. 794), which prohibits discrimination against individuals with disabilities or handicaps in any federally assisted program. City shall furnish Developer with any guidelines necessary for compliance with that portion of the regulations in force during the testi' of this DFA.
12. 12. 1 Program Accessibility. Pursuant to Section 504, the Developer shall be receptive to requests and needs of disabled person( s) within the community when determining which auxiliary aids or services are necessary particularly for service recipients that may be hearing impaired, mobility impaired, developmentally disabled, or vision impaired; and those persons requiring in- home care or institutional care.
12. 12. 2 Facilities Accessibility. Pursuant to Section 504, Developer shall ensure that the location in which the services are provided is readily accessible and usable by persons with disabilities or persons with physical handicaps. Providing separate or different programs is illegal unless necessary to achieve equal opportunity.
12. 13 Affirmative Action and Employment Provisions. The Developer shall ensure that employment opportunities may not be denied on the basis of race, color, national origin, sex, age, religion, familial status, or disability. Developer agrees that it shall be committed to carry out pursuant to City' s specifications an Affirmative Action Plan in keeping with the principles as provided in President' s Executive Order 11246 of September 24, 1996. City shall provide Affirmative Action guidelines to Developer to assist in the formulation of such program.
Developer shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
12. 13. 1 Prohibited Activity. Developer is prohibited from using funds furnished herein or personnel employed in the administration of the program for: political activities, inherently religious activities, lobbying, political patronage, and nepotism activities.
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 24 Packet Pg. 111 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
12. 13. 2 Labor Standards. Developer shall comply with the requirements of the Secretary of Labor in accordance with the Davis- Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act ( 40 U. S. C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this DFA. Developer shall comply with the Copeland Anti-Kick Back Act ( 18 U. S. C. § 874 et seq.) and the implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. Developer shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to City for review upon request.
Developer shall, except with respect to the rehabilitation or construction of residential property containing less than eight units, ensure that all contractors engaged under contracts in excess of$ 2, 000. 00 for construction, renovation or repair work financed in whole or in part with assistance provided under this DFA, comply with federal requirements adopted by City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Developer of its obligation, if any, to require payment of the higher wage.
Developer shall cause or require to be inserted in full, in all contracts subject to such regulations, provisions meeting the requirements ofthis paragraph.
12. 13. 3 Notification. Developer shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by City' s contracting officer, advising the labor union or worker' s representative of Developer' s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
12. 13. 4 Equal Opportunity and Affirmative Action Statement ( EEO/AA).
Developer shall, in all solicitations or advertisements for employees placed by or on behalf of Developer, state that it is an Equal Opportunity or Affilmative Action employer.
12. 14 Contracts and Subcontracts. With regard to subcontract agreements as approved by the City the Developer shall ensure compliance with all state and local civil rights ordinances, laws and regulations and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104( b) and Section 109 of Title I of the Housing and Community Development Act ( HCDA) of 1974 as amended, Section 504 of the Rehabilitation Act ( RA) of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 ( as amended by Executive Orders 11375, 11478, 12107 and 12086).
12. 14. 1 Women- and Minority-Owned Businesses ( W/MBE). Developer shall use its best efforts to afford small businesses, minority business enterprises, and women' s business enterprises the maximum practicable opportunity to participate in the performance of this DFA. As used in this DFA, the teens " small business" means a business that meets the criteria set forth in section 3( a) of the Small Business Act, as amended ( 15 U.S. C. 632), and minority and women' s business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, " minority group members" are Afro- Americans, Spanish- speaking, Spanish surnamed or Spanish- heritage Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 25 Packet Pg. 112 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) Americans, Asian- Americans, and American Indians. Developer may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
12. 14.2 Access to Records. Developer shall furnish and cause each of its own sub recipients or subcontractors to furnish all information and reports required hereunder and shall permit access to its books, records and accounts by City, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
12. 14. 3 Subcontract Provisions. Developer shall include the provisions related to Non- Discrimination, Accessibility, Affirmative Action and Employment Provisions, and Minority and Women- Owned Businesses, Access to Records, and " Section 3" Clause contained within this DFA in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its sub recipients or subcontractors.
12. 15 Section 3 Clause. Section 3 of the Housing and Urban Development Act of 1968, as amended requires the provision of opportunities for training and employment that arise through HUD- financed projects to lower- income residents of the project area. It is also required that contracts be awarded to businesses that provide economic opportunities for low- and very low- income persons residing in the area.
12. 15. 1 Compliance. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this DFA, shall be a condition of the federal financial assistance provided under this DFA and binding upon City, Developer and any of Developer' s sub recipients and subcontractors. Failure to fulfill these requirements shall subject City, Developer and any of Developer' s sub recipients and subcontractors, their successors and assigns, to those sanctions specified by the DFA through which federal assistance is provided. Developer certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
Developer shall comply with these " Section 3" requirements and include the following Language in all subcontracts executed under this DFA:
The work to be performed under this DFA is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended ( 12 U. S. C. 1701).
Section requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located."
Developer certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
12. 15. 2 Subcontracts. Developer shall include this Section 3 clause in every subcontract and shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of applicable regulations. Developer shall not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 26 Packet Pg. 113 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) under 24 CFR Part 135 and shall not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of the applicable regulations.
12. 16 General Compliance. Developer agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 ( the U. S. Housing and Urban Development regulations concerning Community Development Block Grants) including subpart K of those regulations, except that ( 1) Developer does not assume the recipient' s environmental responsibilities described in 24 CFR 570. 604 and ( 2) Developer does not assume the recipient' s responsibility for initiating the review process under the provisions of 24 CFR Part 52.
Developer also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this DFA. Developer further agrees to utilize funds available under this DFA to supplement rather than supplant funds otherwise available.
12. 17 Independent Contractor. Nothing contained in this DFA is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/ employee between the parties. Developer shall at all times remain an " independent contractor" with respect to the services to be performed under this DFA. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/ or medical insurance and Worker' s Compensation Insurance, as Developer is an independent contractor.
12. 18 Recognition. Developer shall insure recognition of the role of City in providing services through this DFA. All activities, facilities, and items utilized pursuant to this DFA shall be prominently labeled as to funding source. In addition, the Developer will include a reference to the support provided herein in all publications made possible with funds made available under this DFA.
12. 19 Amendments. City or Developer may amend this DFA at any time provided that such amendments make specific reference to this DFA, and are executed in writing, signed by a duly authorized representative of each party. Such amendments shall not invalidate this DFA, nor relieve or release City or Developer from its obligations under this DFA. If such amendments result in an increase in the funding provided under the DFA, such modification shall be first approved by the City' s governing body. However, amendments which do not result in substantial or functional change to the original intent of the DFA and do not cause an increase to the maximum amount payable under this DFA shall be deemed " minor amendments" and may be agreed to in writing between the Developer and the City Manager, or designee.
12. 20 Assignability. Developer shall not assign or transfer any interest in this DFA without the prior written consent of City thereto; provided, however, that claims for money due or to become due to Developer from City under this DFA may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to City.
12. 21 Hatch Act. Developer agrees that no funds provided, nor personnel employed under this DFA, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U. S. C.
12. 22 Conflict of Interest. Developer shall abide by the provisions of 24 CFR 84. 42 and 570. 611, which include ( but are not limited to) the following:
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 27 Packet Pg. 114 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) Developer shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds.
No employee, officer or agent of Developer shall participate in the selection, or in the award, or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved.
No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, or with respect to the proceeds from the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one year thereafter. For purposes of this paragraph, a " covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, Developer, or any designated public agency.
12. 23 Lobbying. Developer shall execute the Anti- Lobbying Certification ( Exhibit 13), attached and incorporated herein.
12. 24 Copyright. If this DFA results in any copyrightable material or inventions, City and/ or grantor agency reserves the right to royalty- free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental use.
12. 25 Religious Activities. Developer agrees that funds provided under this DFA will not be utilized for inherently religious activities prohibited by 24 CFR 570. 200( j), such as worship, religious instruction, or proselytization.
12. 26 Travel. Developer shall obtain written approval from City for any travel outside the County of Shasta with funds provided under this DFA.
12. 27 Suspension or Termination. In accordance with 24 CFR 85. 43, City may suspend or terminate this DFA if Developer materially fails to comply with any terms of this DFA, which include ( but are not limited to), the following:
Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;
Failure, for any reason, of Developer to fulfill in a timely and proper manner its obligations under this DFA;
Ineffective or improper use of funds provided under this DFA; or Submission by Developer to City of reports required under this DFA that are incorrect or incomplete in any material respect.
In accordance with 24 CFR 85. 44, this DFA may also be terminated for convenience by either City or Developer, in whole or in part, by setting forth the reasons for such termination, Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 28 Packet Pg. 115 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) the effective date, and, in the case of partial teimination, the portion to be terminated. However, if in the case of a partial termination, City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, City may terminate this DFA in its entirety.
In the event that City fails to receive CDBG funds, or the allocation of such funds is reduced by HUD, City may teitninate this DFA by giving notice to Developer by registered mail.
Upon termination, Developer shall transfer to City the balance of any CDBG funds on hand at the time of termination and any accounts receivable attributable to the use of CDBG funds.
12. 28 Severability. If any provision of this DFA is held invalid, the remainder of this DFA shall not be affected thereby and all other parts of this DFA shall nevertheless be in full force and effect.
12. 29 Section Headings and Subheadings. The section headings and subheadings contained in this DFA are included for convenience only and shall not limit or otherwise affect the terms of this DFA.
12. 30 Waiver. City' s failure to act with respect to a breach by Developer does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
13. GENERAL PROVISIONS.
13. 1 Time for Actions. City and Developer shall each do the actions required of them, on or before the times specified in this DFA. Unless otherwise provided, City shall give required approvals or disapprovals within fourteen ( 14) Days after submission, except matters which must be decided by the Redding City Council, which shall be decided within forty-five (45) Days.
13. 2 Counterparts. This DFA may be executed in two ( 2) counterpart originals, each of which shall constitute one and the same instrument.
13. 3 Priority of Contents of DFA. In the event of a conflict between the terms of this DFA and the Exhibits, this DFA shall be given precedence.
13. 4 Inspection of Books and Records. City has the right, at all reasonable times and upon reasonable notice, to inspect the books and records of the Developer pertaining to the Project as necessary to assure compliance with the provisions of this DFA. Developer shall keep such books and records as City may reasonably require assuring Developer' s performance of its obligations under this DFA.
13. 5 Fees, Commissions, Gifts or Interests. Neither party shall be liable for any real estate commissions, brokerage fees or finder' s fees which may arise from this DFA. City and Developer each represent that neither- has engaged any broker, agent or finder, and that neither claims such a commission or fee, in connection with this DFA. Developer shall pay no fee or commission, make no gifts and provide no interest in the City Loans to any employee or official ofthe City.
13. 6 Entire DFA. This DFA, including all of the exhibits and attachments, integrates Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 29 Packet Pg. 116 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) all of the terms and conditions related or incidental to its subject matter, and supersedes all negotiations or previous agreements between the parties with respect to its subject matter.
13. 7 Waivers and Amendments. All waivers of the provisions of this DFA must be in writing and signed by the appropriate authorities of the City or the Developer, and all amendments hereto must be in writing and signed by the appropriate authorities of the City and the Developer. However, amendments which do not result in a substantial or functional change to the original intent of the DFA and do not cause an increase to the maximum amount payable under this DFA shall be deemed " minor amendments" and may be agreed to in writing between Developer and the City Manager or designee. It is anticipated that the City will utilize HOME Program resources to fund the City Loan, however, at its sole discretion, the City may determine to utilize another other source of funding for the City Loan and such:. a . change shall be considered a minor amendment pursuant to this paragraph.
13. 8 Non-liability of City Officials, and Employees. No member, official or employee of the City shall be personall iliable, to, the Developer or any successor in interest, in the event of any default or breach by the City or for any amount which may heconie- due to the Developer or its successors, or on any obligations under the terms of this DFA.
13. 9 Notices and Demands. Any notice, demand or other communication under the DFA by either party to the other shall be deemed to have been full and properly given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office, certified mail, postage prepaid, to the addresses for City and Developer stated in Sections 2. 4.
13. 10 Jurisdiction, Venue and Attorneys' Fees.
Jurisdiction and Venue. Any legal action( s) concerning the DFA or the performance of any party thereunder shall be brought only in the court of appropriate jurisdiction in the County of Shasta. The Developer and the City agree that jurisdiction and venue shall only be in said courts.
Attorneys' Fees. In the event any legal action, including arbitration, is brought by either party to this DFA to enforce this DFA or for breach ofthis DFA or for a declaration ofthe rights and duties under this DFA, the prevailing party shall recover costs and reasonable attorney' s fees in addition to any other relief to which that party may be entitled.
No Party Deemed Drafter. In the event of a dispute between the parties hereto over the meaning of this DFA, no party shall be deemed to have been the drafter hereof, and the principle of law that contracts are construed against the drafter does not apply.
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 30 Packet Pg. 117 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) City OF REDDING, a municipal corporation
Date: q 4 C 1 Lt,f' tom. / l- vti covA
By ~' 474 C ku 4-LIt'A-t1. M'4Y
ATTEST: APP' OVED AS TO FORM:
RICHARD A. DUVERNAY, CITY ATTORNEY
B : Pamela. Mize,‘ I
ty Clerk, BY . 44 ilk, SI•
Shasta Women' s Refuge, Inc. dba One Safe
Place, a California Nonprofit Corporation
Dater/ ' OY By: - n King
Tit xecutive Director
Tax ID # 94- 2663045
Development Funding Agreement Between
Shasta Women' s Refuge, Inc.
dba One Safe Place and the City of Redding 31 Packet Pg. 118 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
LIST OF EXHIBITS
EXHIBIT 1: Legal Description of Site
EXHIBIT 2: Site Map
EXHIBIT 3: RESERVED
EXHIBIT 4: Deed of Trust
EXHIBIT 5: Promissory Note
EXHIBIT 6: RESERVED
EXHIBIT 7: Scope of Development
EXHIBIT 8: RESERVED
EXHIBIT 9: Preliminary Budget
EXHIBIT 10: Schedule of Performance
EXHIBIT 11: Form of Notice of Completion
EXHIBIT 12: Form of Certificate of Completion
EXHIBIT 13: Anti- Lobbying Certificate
EXHIBIT 14: Section
3 Clause
EXHIBIT 15: Fair Housing Poster
Development Funding Agreement Between
Shasta Women's Refuge, Inc.
dba One Safe Place and the City of Redding 32 Packet Pg. 119 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) Exhibit 1
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDDING, COUNTY OF SHASTA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Parcel A:
Parcel 1 as shown on Parcel Map No. 70- 85 for Glenn & Patricia A. Smith and Harold & Patricia M.
Jacobs, filed March 13, 1986, in the office of Shasta County Recorder in Book 25 of Parcel Maps, at page 105.
EXCEPTING THEREFROM all mineral rights below 500 feet in depth, without the right of surface entry as reserved in the following Deeds:
1) Crocker National Bank, Executor of the Estate of Robert F. Gill deceased, to Humboldt Financial Services Corp., a California corporation, recorded January 20, 1977 Document No. 2219, in Book 1394 of Official Records at page 32, as to 46%.
2) Crocker National Bank, Executor of the Estate of Virginia Gill, deceased, to Humboldt Financial Services Corp., a California corporation, recorded January 20, 1977, Document No. 2221, in Book 1394 of Official Records at page 41, as to 46%.
3) Lester T. Bartman and Mary E. Bartman, husband and wife to Humboldt Financial Services Corp., a California corporation, recorded January 20, 1977, Document No. 2222, in Book 1394 of Official Records at page 44, as to 8%.
Parcel B:
An easement 15. 00 feet in width for reciprocal driveway purposes over that portion of Parcel 2, included within the " Reciprocal Driveway", as the same is shown and designated upon said Parcel Map referred to above.
APN: 112- 390- 014
Packet Pg. 120 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) I
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Packet Pg. 121 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) EXIIIBIT 4
RECORDING REQUESTED BY:
City of Redding
CITY BUSINESS- NO FEE
Section 6103 of the Government Code
of the State of California
AND WHEN RECORDED MAIL TO:
City of Redding— Housing Division
P. O. Box 496071
777 Cypress Avenue
Redding, CA 96049- 6071
CITY OF REDDING DEED OF TRUST AND ASSIGNMENT OF RENTS
THIS DEED OF TRUST is made this day of 2014, SHASTA WOMEN' S REFUGE, INC. DBA ONE SAFE PLACE, a California Nonprofit Public Benefit Corporation, as to equitable title, herein called " Trustor," and/ or" Borrower" whose address is 2280 Benton Drive, Bldg. A.
Redding, CA 96003; TITLE COMPANY, herein called " Trustee," whose address is Redding, CA 96002; and the CITY OF REDDING, a municipal corporation and general law city, whose address is P. O. Box 496071, 777 Cypress Avenue, Redding, California 96049- 6071, herein called" Beneficiary" and/ or the" Lender".
WITNESSETH: That Trustor Irrevocably, Grants, Transfers and Assigns, to Trustee, in Trust, with Power of Sale, that property in the City of Redding (" City"), County of Shasta, State of California, described as:
EXHIBIT A- Legal Description
ASSESSOR' S PARCEL NUMBER: 112- 390- 014
TOGETHER WITH: ( a) all buildings, improvements and fixtures, now or in the future thereon, it being understood and agreed that all classes of property attached or unattached used in connection herewith shall be deemed fixtures, ( b) rents, issues and profits thereof, and ( c) all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement for the sale thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits, and all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement.
BORROWER HEREBY expressly acknowledges and agrees that the subject loan, this Deed of Trust, and the property which serves as security for the Note and Deed of Trust, involves a mixed- use commercial/ shelter transaction, one that the Borrower is expressly entering into for the provision of affordable housing and not for profit, and not in any way related to Borrower' s home or residence. As such, Borrower further acknowledges and agrees that Lender likewise is making this loan on the aforesaid basis, and thus intends to enforce any and all of its rights accordingly.
Packet Pg. 122 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) FOR THE PURPOSE OF SECURING:
1. Payment of the sum ofThree Hundred Thousand and No/ 100 Dollars ($ 300, 000) with interest thereon according to the terms of a certain Promissory Note of even date herewith, designated as the " Residual Receipts Promissory Note" made by Trustor, payable to the order of the Beneficiary and extensions or renewals thereof.
2. Payment of such additional sums with interest thereon as: ( a) may be hereafter borrowed from the Beneficiary by the then record owner or owners of said property when evidenced by another Promissory Note or Notes reciting that they are secured hereby, or ( b) as may be added to the indebtedness secured hereby in accordance with the provisions ofthis Deed of Trust.
3. Performance of each and every obligation, covenant, promise, or agreement of Trustor contained herein.
4. Payment, with interest thereon, of any other present or future indebtedness or obligation of the Trustor ( or of any successor in interest of the Trustor to said property) to the Beneficiary reciting that they are secured hereby, whether created directly or acquired by assignment, whether absolute or contingent, whether due or not, whether otherwise secured or not, or whether existing at the time of the execution of the Deed of Trust, or arising thereafter.
5. Performance of each agreement of Trustor contained in any Development Funding Agreement ( including without limitation the Exhibits thereto) entered into between Trustor and Beneficiary for the development, construction of improvements, adoption of rent restrictions or other affordability covenants, or operation of certain activities on the above- described property.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:
1. To keep said property in good condition and repair; to allow Beneficiary or its representatives to enter and inspect the premises at all reasonable times and access thereto shall be permitted for that purpose; not to remove or demolish any building thereon; not to make alterations thereto without the consent of the Beneficiary; to suffer or permit no change in the general nature of the occupancy of the premises without Beneficiary' s written consent; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon, including, without restricting the generality of the foregoing, damage from termites and dry-rot; to pay when due all claims for labor performed and materials furnished in connection with such property and not to permit any mechanic' s lien against such property; to comply with all laws affecting such property or requiring any alterations or improvements to be made thereon; not to initiate or acquiesce in any zoning reclassification without Beneficiary's written consent; not to commit or permit waste thereon; not to commit, suffer, or permit any act upon such property in violation of the law; and to paint, cultivate, irrigate, fertilize, fumigate, prune, and do all other acts that from the character or use of said property may be reasonably necessary; to promptly pay all amounts due others upon agreements of lease or conditional sale of all fixtures, furnishings, and equipment located thereon.
If the loan secured hereby or any part thereof is being obtained or should any additional loan be made hereafter for the purpose of financing rehabilitation improvements or construction of affordable housing on said property, Trustor further agrees, anything in this Deed of Trust to the contrary notwithstanding: ( a) to complete the same in accordance with City approved plans and specifications satisfactory to Beneficiary; ( b) to allow Beneficiary to inspect such property at all times during rehabilitation; ( c) to replace any work or materials unsatisfactory to Beneficiary within fifteen ( 15) City of Redding Deed of Trust Page 2 of 9
Packet Pg. 123 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) calendar days after written notice from Beneficiary of such fact, which notice may be given to Trustor by registered or certified mail, sent to its last known address, or by personal service of the same; ( d) that work shall not cease on the construction of such improvements for any reason whatsoever for a period of fifteen( 15) calendar days, whether consecutive or not, without the written permission of the Beneficiary; e) to pay when due all claims for labor and materials furnished in connection with the said construction and/ or rehabilitation and not to permit any claims of lien for said work or material to be filed of record against the said property; and ( f) not to permit any stop notice claims to be presented to Beneficiary. If the said property is part of a larger tract upon which improvements will be constructed, Trustor shall make separate contracts and subcontracts for said construction which shall pertain to the said property only and shall keep separate, full, and complete records of all work and materials furnished to the said property. Trustee, upon presentation to it of an affidavit signed by the Beneficiary setting forth facts showing a default by Trustor under this paragraph, is authorized to accept as true and conclusive all facts and statements therein and to act thereon hereunder.
2. To provide and maintain in force at all times with respect to said property, fire and other types of insurance as may be required by Beneficiary. All of such insurance shall have a loss payable endorsement in favor of Beneficiary, shall contain an endorsement that such insurance shall not be canceled or modified without thirty ( 30) days advance written notice to Beneficiary, shall be for a term and in form, content, amount, and with such companies as may be satisfactory to Beneficiary, and the policies therefor shall be delivered to and remain in possession of Beneficiary as further security for the faithful performance of Trustor hereunder.
At least thirty ( 30) days prior to the expiration of any insurance policy, a policy or policies renewing or extending such expiring insurance shall be delivered to Beneficiary together with written evidence showing payment of the premium therefor and, in the event any such insurance policy and evidence of the payment of the premium therefor are not so delivered by Trustor to Beneficiary, Trustor, by executing this Deed of Trust, specifically requests Beneficiary to obtain such insurance and Beneficiary, without obligation to do so, without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may obtain such insurance through or from any insurance agency or company acceptable to it, pay the premium thereof, and may add the amount thereof to the indebtedness secured hereby, which amount shall bear a like rate of interest. Beneficiary may furnish to any insurance agency or company, or any other person, any information contained in or extracted from any insurance policy theretofore delivered to Beneficiary pursuant hereto and any information concerning the loan secured hereby. Neither Trustee nor Beneficiary shall be responsible for such insurance or for the collection of any insurance monies, or for any insolvency of any insurer or insurance underwriter. In case of insurance loss, Beneficiary is hereby authorized either ( a) upon prior notice to Trustor, to settle and adjust any claim under the insurance policies provided for in this document without the consent of the Trustor, or ( b) to allow Trustor to agree with the insurance company or companies on the amount to be paid upon the loss. In either case, the Beneficiary is authorized to collect and make receipt of any such insurance money. If Trustor is obligated to restore or replace the damaged or destroyed buildings or improvements under the terms of any lease or leases which are or may be prior to the lien of this Deed of Trust and such damage or destruction does not result in cancellation or termination of such lease, such proceeds, after deducting therefrom any expenses incurred in the collection thereof, shall be used to reimburse the Trustor for the cost of rebuilding or restoring the buildings or improvements on said premises. In all other cases, such insurance proceeds, at the option of the Beneficiary, shall either be applied in reduction of the indebtedness secured hereby whether due or not, or in such order as Beneficiary may determine, or be held by the Beneficiary and used to reimburse the Trustor for the cost of rebuilding or restoring the building or improvements on said premises. Such buildings and improvements shall be so restored or rebuilt as to be of at least equal value and substantially the same character as prior to the damage or destruction, and shall be in a condition satisfactory to Beneficiary.
City of Redding Deed of Trust Page 3 of 9
Packet Pg. 124 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. Any and all unexpired insurance shall inure to the benefit of, and pass to the purchaser of, the property conveyed at any Trustee sale held hereunder.
3. To pay: ( a) at least ten ( 10) days before delinquency, all general and special City and County taxes affecting such property; ( b) when due, all special assessments for public improvements, without permitting any improvement bond to issue for any special assessment; ( c) when due, all encumbrances, charges and liens, with interest, on said property, or any part thereof, which are or appears to be prior or superior hereto; ( d) if the security of this Deed of Trust is a leasehold estate, to make any payment or do any act required ofthe Lessee or its successor in interest under the terms ofthe instrument or instruments creating said leasehold; ( e) all costs, fees and expenses of this trust; ( f) for any statement regarding the obligation secured hereby any amount demanded by Beneficiary not to exceed the maximum allowed by law thereof at the time when such request is made; ( g) such other charges for services rendered by Beneficiary and furnished at Trustor's request or that of any successor in interest to Trustor as the Beneficiary may deem reasonable.
If, by the laws of the United States of America, or of any state having jurisdiction over the Trustor, any tax is due or becomes due in respect to the issuance of the Note hereby secured, the Trustor covenants and agrees to pay such tax in the manner required by such law. Should Trustor fail to make any such payment, Beneficiary may elect to make such payment and any amount so paid may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest.
4. That, should Trustor fail to make any payment or do any act as provided in this Deed of Trust, then Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may ( a) make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; ( b) commence, appear in, or defend any action or proceeding purporting to affect the security hereof or the property covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee; ( c) pay, purchase, contest, or compromise any encumbrance, charge or lien, which in the judgment of either is or appears to be prior or superior hereto; and ( d) in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary, and any amount so, expended may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest.
5. To perform each agreement of Trustor contained in any Development Funding Agreement ( including without limitation the Exhibits thereto) entered into between Trustor and Beneficiary for the development, construction of improvements, adoption of rent restrictions or other affordability covenants, or operation of certain activities on the above- described property.
6. To appear in and defend any action or proceeding purporting to affect the security hereof or the property which is covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee, and whether or not Trustor so appears or defends, to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appearby virtue of being made a party defendant or otherwise irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including any action for the condemnation or partition of said premises, and in any suit brought by Beneficiary to foreclose this Deed of Trust.
7. To pay immediately and without demand, all sums expended under the terms of this City of Redding Deed of Trust Page 4 of 9
Packet Pg. 125 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) Deed of Trust by Beneficiary or Trustee, with interest from the date of expenditure at the rate which the principal obligation secured hereby bears at the time such payment is made, and the repayment of such sums shall be secured hereby.
8. That, should the Trustor or any successor in interest to Trustor in such property drill or extract, or enter into a lease for drilling or extraction of oil, gas, or other hydrocarbon substances or any mineral of any kind or character, or sell, convey, further encumber, or alienate said property, or any part thereof, or any interest therein, or be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, Beneficiary shall have the right, at its option, to declare any indebtedness or obligations secured hereby irrespective of the maturity date specified in any Note evidencing the same, immediately due and payable, and no waiver of this right shall be effective unless in writing.
9. That any award, settlement, or damages for injury or damages to such property, or in connection with the transaction financed by such loan, and any award of damages in connection with any condemnation for public use of or injury to said property, or any part thereof, is hereby assigned and shall be paid to Beneficiary, who may apply or release such monies received by it in such manner and with the same effect as above provided for the disposition of proceeds of fire or other insurance.
10. That, by accepting payment of any sum secured hereby after its due date, or by making any payment, or performing any act on behalf of Trustor, that Trustor was obligated hereunder, but failed, to make, or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right either to require prompt payment when due of all sums so secured or to declare a default for failure so to pay.
11. That at any time, or from time to time, without liability of the Beneficiary or Trustee thereof, and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and any Note secured hereby for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, or the lien of the Deed of Trust upon the remainder of said property for the full amount of the indebtedness then or thereafter secured hereby, or the rights or powers of Beneficiary or the Trustee with respect to the remainder of said property, Trustee may: ( a) reconvey any part of said property; ( b) consent to the making of any map or plat thereof; ( c) join in granting any easement thereon; ( d) join in any agreement subordinating the lien or charge hereof.
12. That the lien hereof shall remain in full force and effect during any postponement or extension oftime of payment ofthe indebtedness secured hereby, or any part thereof.
13. That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said Note or Notes to Trustee for cancellation and retention, and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive evidence of the truthfulness thereof. The grantee in such reconveyance may be described as " the person or persons legally entitled thereto." Such request and reconveyance shall operate as a re-assignment of the rents, issues, royalties and profits hereinafter assigned to Beneficiary. Five ( 5) years after issuance of such full reconveyance, Trustee may destroy said Note and this Deed of Trust ( unless directed in such request to retain them).
14. That as additional security, Trustor irrevocably assigns to Beneficiary the rents, issues, and profits of the property affected by this Deed of Trust for the purposes and upon the terms and conditions set forth below. This assignment shall not impose upon Beneficiary any duty to produce rents City of Redding Deed of Trust Page 5 of 9
Packet Pg. 126 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) from the property affected by this Deed of Trust, or cause Beneficiary to be ( a) " mortgagee in possession" for any purpose; ( b) responsible for performing any ofthe obligations ofthe lessor under any lease; or ( c) responsible for any waste committed by lessees or any other parties, for any dangerous or defective condition of the property affected by this Deed of Trust, or for any negligence in the management, upkeep, repair, or control of such property. This is an absolute assignment, not an assignment for security only, and Beneficiary' s right to rents, issues, and profits is not contingent upon, and may be exercised without possession of, the property affected by this Deed of Trust.
Beneficiary confers upon Trustor a license (" License") to collect and retain the rents, issues, and profits of the property affected by this Deed of Trust as they become due and payable, until the occurrence of a default hereunder. Upon such default, the License shall be automatically revoked and Beneficiary may collect and retain the rents, issues, and profits without notice and without taking possession of the property affected by this Deed of Trust. This right to collect rents, issues and profits shall not grant to Beneficiary or Trustee the right to possession, except as otherwise provided herein; and neither said right, nor termination of the License, shall impose upon City or Trustee the duty to produce rents, issues, or profits or maintain all or any part of the property affected by this Deed of Trust. If Trustor shall default as aforesaid, Trustor' s right to collect any such money shall cease and Beneficiary shall have the right, with or without taking possession ofthe property affected hereby, to collect all rents, issues, royalties, and profits and shall be authorized, and may, without notice and irrespective of whether declaration of default has been delivered to Trustee and without regard to the adequacy ofthe security for the indebtedness secured hereby, either personally or by attorney or agent without bringing any action or proceeding, or by receiver to be appointed by the Court, enter into possession and hold, occupy, possess and enjoy the said property, make, cancel, enforce, and modify leases, obtain and eject tenants, and set and modify rents and terms of rents, and to sue, and to take, receive and collect all or any part of the said rents, issues, and profits of the property affected hereby, and after paying such costs of maintenance, operation of said property, and of collection including reasonable attorneys' fees, as in its judgment it may deem proper, to apply the balance upon any indebtedness then secured hereby, the rents, issues, royalties, and profits of said property being hereby assigned to Beneficiary for said purposes. The acceptance of such rents, issues, royalties, and profits shall not constitute a waiver of any other right which Trustee or Beneficiary may enjoy under this Deed of Trust or under the laws of California. Failure of or discontinuance by Beneficiary at any time, or from time to time, to collect any such rents, issues, royalties, or profits shall not in any manner affect the subsequent enforcement by Beneficiary of the right, power and authority to collect the same. The receipt and application by said Beneficiary of all such rents, issues, royalties, and profits pursuant hereto, after execution and delivery of declaration of default and demand for sale as hereinafter provided, or during the pendency of Trustee' s sale proceedings hereunder, shall not cure such breach or default nor affect said sale proceedings, or any sale made pursuant thereto, but such rents, issues, royalties, and profits, less all costs of operation, maintenance, collection, and reasonable attorneys' fees, when received by Beneficiary, shall be applied in reduction of the indebtedness secured hereby, from time to time, in such order as Beneficiary may determine. Nothing contained herein, nor the exercise ofthe right by Beneficiary to collect, shall be, or be construed to be, an affirmation by Beneficiary of any tenancy, lease or option, nor an assumption of liability under, nor a subordination ofthe lien or charge ofthis Deed of Trust to, any such tenancy, lease or option.
15. That if the security of this Deed of Trust is a leasehold estate, the Trustor agrees that: ( a) the term " Lease" as used herein shall mean the lease creating the " leasehold estate"; ( b) Trustor shall not amend, change, or modify his leasehold interest, or the Lease, or agree to do so, without the written consent of the Beneficiary; ( c) Trustor will promptly advise Beneficiary regarding any notice, request, or demand received by him from the lessor under the Lease and promptly furnish Beneficiary with a copy of any such notice, request or demand; ( d) as long as any of the indebtedness secured hereby shall remain unpaid, unless the Beneficiary shall otherwise consent thereto in writing, the leasehold estate shall not merge with the fee title but shall always be kept separate and distinct, notwithstanding the union of said estates in any party; ( e) Trustor agrees that it will promptly, strictly, and faithfully perform, fulfill, and City of Redding Deed of Trust Page 6 of 9
Packet Pg. 127 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) comply with all covenants, agreements, terms, conditions, and provisions under any lease affecting the premises and to neither do anything, nor to permit anything to be done which may cause modification or termination of any such lease or of the obligations of any lessee or person claiming through such lease or. the rents provided for therein or the interest ofthe lessor or the Beneficiary therein or thereunder. Trustor further agrees he will not execute a Deed of Trust or mortgage which may be or become superior to any leasehold estate that is security for this Deed of Trust. In the event of a violation of any ofthe covenants set forth in this paragraph, Beneficiary shall have the right, at its option, to declare all sums secured hereby immediately due and payable. Consent to or waiver of one of said violations shall not be deemed to be a consent to or waiver of any other violation. If the security for this Deed of Trust is a leasehold estate, the term " said property" as used in this Deed of Trust shall be deemed to mean the leasehold estate whenever the context so requires for the protection of the Beneficiary.
16. That any default by Trustor in payment of any indebtedness secured hereby or performance of any covenant or condition set forth in a Development Funding Agreement between Trustor and Beneficiary shall constitute a default under this Deed of Trust, and upon default by Trustor under the terms of any encumbrance, charge, or lien which is or appears to be prior or superior hereto, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary shall also deposit with Trustee this Deed of Trust and any Notes and all documents evidencing, expenditures secured hereby. After the lapse of such time as then may be required by law following recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in such notice of sale, whether as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its Deed conveying the property so sold, but without any covenant or warranty, express or implied. The recital in such Deed of any matters of fact shall be conclusive evidence of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. Trustee may also sell at any such sale and as part thereof any shares of corporate stock securing the obligations secured hereby, and Trustor waives demand and notice of such sale. ( Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives demand and notice of such sale.) After deducting all costs, fees and expenses of Trustee, and ofthis Trust, including cost of evidence oftitlein connection with this sale, Trustee shall apply the proceeds of sale to payment, first, of all sums expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the Note or Notes secured hereby, and then of all other sums secured hereby, and, if there are any proceeds remaining, shall distribute them to the person or persons legally entitled thereto.
17. To waive, to the fullest extent permissible by law, the right to plead any statute of limitations as a defense to any demand secured hereby.
18. That Beneficiary may, from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and recorded in the office of the recorder of the county or counties where such property is situated, shall be conclusive proof of property substitution of such successor Trustee or Trustees, who shall, without conveyances from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties, including but not limited to the power to reconvey the whole or any part ofthe property covered by this Deed of Trust. Such instrument must contain the name of the original Trustor, Trustee, and Beneficiary hereunder, and the book and page where this Deed of Trust is recorded. If notice of default shall have been recorded, this power of substitution cannot be exercised until after the City ofRedding Deed of Trust Page 7 of 9
Packet Pg. 128 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) costs, fees, and expenses of the then acting Trustee shall have been paid to such Trustee, who shall endorse receipt thereof upon such instrument. The procedures herein provided for substitution of Trustee shall not be exclusive of other provisions for substitution provided by law.
19. That this Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, transferees, successors, and assigns. The term Beneficiary" shall mean the owner and holder, including pledgee, of the Note secured hereby, whether or not named as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/ or neuter, and the singular number includes the plural.
20. Trustor agrees to file with Beneficiary annually during July of each calendar year a written operational report which concerns the fiscal year ending on the immediately preceding June 30th and conforms to the standards set forth by the Participating Jurisdiction and 24 CFR Part 92 ( with respect to the real property first described in this Deed of Trust) necessary or convenient for Beneficiary to make the annual reports.
21. That in the event of a demand for, and the preparation and delivery of a written statement regarding the obligations secured by this Deed of Trust pursuant to Sections 2943 and 2954 ofthe Civil Code of California ( or successor statutes), Beneficiary shall be entitled to make a reasonable charge, not exceeding the maximum amount which is permitted by law at the time the statement is furnished.
Beneficiary may also charge Trustor a reasonable fee for any other services rendered to Trustor or rendered in Trustor' s behalf in connection with said property of this Deed of Trust, including changing Beneficiary' s records pertaining to this Deed of Trust and the loan secured hereby in connection with the transfer of said property, or releasing an existing policy of fire insurance or other casualty insurance held by Beneficiary and replacing the same with another such policy.
22. That Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee.
23. That should this Deed of Trust or any Note secured hereby provide any fee for prepayment of any indebtedness secured hereby, Trustor agrees to pay said fee, if any, if said indebtedness shall be paid prior to the due date thereof stated in said Note or this Deed of Trust even if and notwithstanding that Trustor shall have defaulted in payment thereof, or in performance of any agreement hereunder, and Beneficiary, by reason thereof, shall have declared all sums secured hereby immediately due and payable.
24. That Trustor has made certain representations and disclosures in order to induce Beneficiary to make the loan evidenced by the Promissory Note or Notes which this Deed of Trust secures, and in the event that Trustor has made any material misrepresentation or failed to disclose any material fact, Beneficiary at its option and without notice, shall have the right to declare the indebtedness secured hereby, irrespective of the maturity date specified in such Note or Notes, immediately due and payable, and on failure to so pay Beneficiary may make a written declaration of default and demand for sale as in paragraph No. 15 herein set forth. Trustee, upon presentation to it of an affidavit signed by Beneficiary setting forth facts showing a default by Trustor under this paragraph, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder.
Any notice which any party hereto may desire or be required to give to the other party shall be in writing. The mailing thereof must be certified mail addressed to the Trustor at his address herein above set forth or to the Beneficiary at his office or at such other place as such parties hereto may designate in writing.
City ofRedding Deed of Trust Page 8 of 9
Packet Pg. 129 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) THE UNDERSIGNED TRUSTOR REQUESTS that a copy of any notice of default and of any notice of sale hereunder be mailed to him at his address hereinbefore set forth.
Dated: 2014.
Signature of Trustor( s):
SHASTA WOMEN' S REFUGE, INC. dba ONE SAFE
PLACE, a California Nonprofit Public Benefit
Corporation
By:
Jean King
Executive Director
City of Redding Deed of Trust Page 9 of 9
Packet Pg. 130 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
EXHIBIT A
LEGAL DESCRIPTION
2250 Benton Drive, Redding, CA 96003
Parcel A:
Parcel 1 as shown on Parcel Map No. 70- 85 for Glenn & Patricia A. Smith and Harold & Patricia M.
Jacobs, filed March 13, 1986, in the office of Shasta County Recorder in Book 25 of Parcel Maps, at page 105.
EXCEPTING THEREFROM all mineral rights below 500 feet in depth, without the right of surface entry as reserved in the following Deeds:
1) Crocker National Bank, Executor of the Estate of Robert F. Gill deceased, to Humboldt Financial Services Corp., a California corporation, recorded January 20, 1977 Document No. 2219, in Book 1394 of Official Records at page 32, as to 46%.
2) Crocker National Bank, Executor of the Estate of Virginia Gill, deceased, to Humboldt Financial Services Corp., a California corporation, recorded January 20, 1977, Document No. 2221, in Book 1394 of Official Records at page 41, as to 46%.
3) Lester T. Bartman and Mary E. Bartman, husband and wife to Humboldt Financial Services Corp., a California corporation, recorded January 20, 1977, Document No. 2222, in Book 1394 of Official Records at page 44, as to 8%.
Parcel B:
An easement 15. 00 feet in width for reciprocal driveway purposes over that portion of Parcel 2, included within the " Reciprocal Driveway", as the same is shown and designated upon said Parcel Map referred to above.
APN: 112- 390- 014
Packet Pg. 131 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) EXHIBIT 5
RESIDUAL RECEIPTS PROMISSORY NOTE SECURED BY DEED TRUST DO NOT DESTROY THIS NOTE: When paid, this note, with Deed of Trust securing same, must be surrendered to Trustee for cancellation before reconveyance will be made.
Amount: $ 300, 000 2014
Redding, California
FOR VALUE RECEIVED, Shasta Women' s Refuge dba One SAFE Place, a California Nonprofit Public Benefit Corporation, (" Borrower"), promises to pay to the order ofthe City of Redding Holder"), the principal sum of Three Hundred Thousand and No/ 100 Dollars ($ 300, 000), pursuant to Section 4 below.
1. Borrower' s Obligation. This promissory note (" Note") evidences Borrower' s obligation to pay Holder the principal amount of Three Hundred Thousand and No/ 100 Dollars ($ 300, 000) for the funds loaned to Borrower by Holder to assist with the development of certain real property (" Project") pursuant to a Development Funding Agreement between Borrower and Holder dated DFA" or" Agreement").
2. Interest. The principal balance of this Note shall bear simple interest from the date of disbursement until repaid in full at one percent( 1%) per annum; provided, however, if an event of default occurs, interest on the principal balance shall begin to accrue, as of the date of the disbursement and continuing until such time as the Loan funds are repaid in full, at the default rate of the lesser of: ten percent( 10%), compounded annually; or the highest rate permitted by law.
3. Term and Repayment Requirements. The term of this Note(" Term") shall commence with the date ofthis Note and shall expire thirty (30) years from said date, at which time the remaining balance of principal and interest shall be due and payable.
4. Terms of Payment.
a. All principal and interest payments are payable in lawful money ofthe United States. b. All payments on this note shall be paid to the City of Redding at 777 Cypress Avenue, Redding, California, or to such other place as holder of this note may from time to time designate. c. Annual payments shall be contingent upon the availability of residual receipt funds.
Within ninety ( 90) days after the end of each fiscal year during the term of the Note, Borrower shall provide Holder with a written year- end cash flow analysis and audited financial statement for the Project prepared by a certified public accountant. Any Residual Receipts realized from the operation of the Project, as shown by the annual audit, shall provide City with a written year- end cash flow analysis and audited financial statement for the Project prepared by a certified public accountant.
Any Residual Receipts realized from the operation of the Project as shown by the annual audit shall be paid to the City. Any such Residual Receipts received by the City shall be credited as a payment on the City Loan and shall be applied first to reducing the accrued interest, if any, on the loan, and subsequently, to reducing the principal. Residual receipts for purpose of this Note shall have the meaning scribed to it in the DFA.
Packet Pg. 132 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) City ofRedding Residual Receipts Promissory Note Page 2 of 3 d. All payments on this Note shall be without expense to Holder, and Borrower agrees to pay all costs and expenses, including reconveyance fees and reasonable attorney' s fees of Holder, incurred in connection with the payment ofthis Note and the release of any security hereof. e. Notwithstanding any other provision of this Note, or any instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment of all sums by Borrower pursuant to the terms of this Note would result in the payment of interest which would exceed the amount that Holder may legally charge under the laws of the State of California, then the amount by which payments exceed the lawful interest rate shall automatically be deducted from the principal balance owing on this Note, so that in no event shall Borrower be obligated under the terms of this Note to pay any interest which would exceed the lawful rate.
f The whole of this Note shall be nonrecourse to Borrower.
5. Default.
a. Any of the following shall constitute an event of default under this Note. 1) Any failure to pay, in full, any payment required under this Note when due. 2) Any failure in the performance by Borrower of any term, condition, provision, or covenant set forth in this Note.
3) The occurrence of any event of default under the DFA, the Deed of Trust, or the Declaration of Rent Restrictions, ( as defined in the DFA). b. Upon the occurrence of such an event of default and the expiration of the applicable cure period, the entire unpaid principal balance, together with all interest thereon, and together with all sums then payable under this Note and the Deed of Trust shall at the option of Holder become immediately due and payable upon written notice by Holder to Borrower without further demand. c. The failure to exercise the remedy set forth in subsection 5b above or any other remedy provided by law upon the occurrence of one or more of the foregoing events of default shall not constitute a wavier of the right to exercise any remedy at any subsequent time in respect to the same or any other default. The acceptance by Holder hereof of any payment which is less that the total of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of Holder, except as and to the extent otherwise provided by law.
6. No Assumption. This Note shall not be assumable by the successors and assigns of Borrower without the prior written consent of Holder.
7. Security. This Note is secured by a Deed of Trust and Security Agreement(" Deed of Trust"), of even date herewith, wherein Borrower is the Trustor and Holder is the Beneficiary, covering the Property.
8. Waivers.
a. Borrower hereby waives diligence, presentment, protest and demand, and notice of protest, notice of demand, notice of dishonor and notice of nonpayment ofthis Note. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that Holder may Packet Pg. 133 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) City of Redding Residual Receipts Promissory Note Page 3 of 3 accept further security or release any security for this Note, all without in any way affecting the liability of Borrower.
b. No extension of time for payment of this Note or any installment hereof made by agreement by Holder with any person now or hereafter liable for payment of this note shall operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part.
c. The obligations of Borrower under this Note shall be absolute and Borrower waives any and all rights to offset, deduct, or withhold any payments or charges due under this Note for any reason whatsoever.
9. Miscellaneous Provisions.
a. Borrower promises to pay all costs and expenses, including reasonable attorney' s fees, incurred by Holder in the enforcement of the provisions ofthis Note, regardless of whether suit is filed to seek enforcement.
b. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. c. This Note shall be governed by and construed in accordance with the laws ofthe State of California.
Borrower:
SHASTA WOMEN' S REFUGE DBA ONE SAFE PLACE, a
California Nonprofit Public Benefit Corporation
By:
Jean King
Executive Director
Packet Pg. 134 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) EXHIBIT 7
ONE SAFE PLACE
2250 Benton Drive
SCOPE OF DEVELOPMENT
I. GENERAL
The Project Site is specifically delineated on the Legal Description ( Exhibit 1) and the Site Map Exhibit 2) pursuant to this Development Funding Agreement(" Agreement"). The Developer agrees that the Project Site shall be rehabilitated in accordance with the provisions of this Agreement, referenced in Section 2. 2 ofthe Agreement, and all drawings and related documents approved by the City of Redding pursuant hereto.
II. DEVELOPMENT
The Developer shall improve or cause to be improved, on the Project Site, one( 1) 16, 000 square foot commercial building and the associated recreation/ landscape/ parking areas (" the Project"), all pursuant to the Agreement, this Exhibit, the Final Project Plans and Specifications, and all conditions set forth in any City permit issued for the Project. The Project shall include, but is not limited to, the following: 1) reconfiguring the existing two- story commercial office building and rehabilitating the structure into a mixed- use building with first floor office space that will be used as a Client Service Center and remodeling the second floor to create a shelter/ transitional units. The improvements are further defined in the Agreement and the associated Project Final Plans and Specifications. The residential units will be completed to the satisfaction of the City of Redding Community Development Services Department and the Project Manager and will be " move- in" ready. The Developer shall commence and complete the Project by the respective times established therefore in the Schedule of Performance.
III. DEVELOPMENT STANDARDS
The Project shall conform to all applicable state laws and regulations and to local zoning, applicable provisions of the Municipal Code of the City of Redding( the" Municipal Code") and all applicable City development standards.
The Developer shall apply for and obtain any permits required for the development including those permits and approvals required by the City of Redding Development Services Department or Transportation and Engineering Department.
N:\ Housing\ Veteran Resource Center\ DFA\Exhibits\ Exhibit 9 VRC ScopeofDevelopment. doc Packet Pg. 135 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) EXHIBIT 9
PRELIMINARY BUDGET
OSP 2250 BENTON DRIVE
SOURCES AND USES TABLE
USES_
5---
Mr,' ,+' PRE-'
tt; ..
4 S®' 11° OBS' r_. H
g ABLE PE.4 LO?° NT C®IN ST° a[ CT a
DOSPCash 600, 000. 00 $ 600, 000. 00
OSP' Lane of Credit $ 1, 800, 000. 00 $ 1, 800, 000. 00 CD116 Program Loan, $ 300, 000. 00 $ 300, 000. 00 $
L Total $ 2,-700,000. 00 $ 300, 000. 00 $ 2, 400, 000. 00 Packet Pg. 136 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) EXHIBIT 10
SCHEDULE OF PERFORMANCE
Action Time Frame
City Council ( CC) considers CDBG Program financing terms and conditions; and directs staff to forward DFA to Deputy City Manager for November 18, 2014 approval
Developer submits GL Insurance policy to City Risk Management Prior to City execution of DFA
Department
Developer executes DFA and all security documents Following CA approval Deputy City Manager executes DFA and related documents Within 5 Days following VRC execution DFA and security documents are delivered to Escrow Agent( 4. 2) Within 10 Days following Effective Date of DFA Developer submits certificates of hazard insurance to City Risk Manager Prior to the Close of Escrow
8. 6)
Escrow Agent to notify City and Developer of Escrow Closing Costs Within 10 Days prior to the Close of Escrow Close of Escrow. Escrow Agency records Declaration of Rent Within 45 days of the opening of Escrow
Restrictions and Deed
Escrow Agent to issue and deliver Title Insurance to the City( 4. 2) Close of Escorw Developer submits Final Project Plans to Project Manager( 5. 7) Concurently with submittal of Final Project Plans to Building Division
Project Manager approves or rejects the Final Project Specifications 14 Days following Final Project Plans submittal
5. 7)
Developer and/ or General Contractor obtains Building Permits 30 Days following submittal of Final Project Budget to
Project Manager
Developer issues Notice to Proceed to General Contractor 14 Days following issuance of building permits Developer and/ or General Contractor commences improvements 14 Days following Developer notification to General
Contractor, if any, to proceed
Developer completes improvements 12 months following issuance of building permits Developer records Notice of Completion ( 4. 6) Upon substantial completion of improvements City will issue a Certificate of Completion ( 4. 6) 35 Days following issuance of Notice of Completion Project Lease- up 90 Days following issuance of Notice of Completion Final Version- November , 2014
Packet Pg. 137 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) EXHIBIT 11
NOTICE OF COMPLETION
RECORDING REQUESTED BY
CITY OF REDDING
WHEN RECORDED, MAIL TO:
CITY OF REDDING— HOUSNING DIVISION
P. O. Box 496071
Redding, CA 96049- 6071
Loan No.:
THIS SPACE FOR RECORDER' S USE ONLY
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093 must be filed within 10 days after completion.
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the owner or authorized agent of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is: Shasta Women' s Refuge, Inc. dba One Safe Place
3. The full address ofthe owner is: 2280- A Benton Drive, Redding, CA 96001
4. The nature of the interest or estate of the undersigned is: In Fee
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None
6. Work or improvement on the property hereinafter described was construction and was completed on
7. Said work or improvement was undertaken on said property pursuant to a contract dated 2014 with General Contractor
8. The street address of the property on which said work or improvement was completed is 2250 Benton Drive, located in the City of Redding, County of Shasta, State of California. AP# 112- 390- 014.
Jean King, Executive Director
Shasta Women' s Refuge, Inc. dba One Safe Place
I, the undersigned, state that I am the declarant of the foregoing Notice of Completion; that I have read said Notice of Completion and, to the best of my knowledge, I declare under penalty of perjury that the foregoing is true and correct.
Dated: Redding, California.
Jean King, Executive Director
Shasta Women' s Refuge, Inc. dba One Safe Place
Packet Pg. 138 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) EXHIBIT 12
CERTIFICATE OF COMPLETION
THIS CERTIFICATE OF COMPLETION ( the " Certificate") is made by the CITY OF REDDING, a municipal corporation and general law city( the" CITY"), in favor ofSHASTA WOMEN' S REFUGE, INC. DBA ONE SAFE PLACE, ( the " OWNER"), as of the date set forth below.
RECITALS
A. The CITY and the OWNER have entered into that certain Development Funding Agreement ( DFA) dated November_, 2014, concerning the development of certain real property situated in Redding, California, including Assessor' s Parcel Number 112- 390- 014 as more fully described in Exhibit" A", attached here to and made a part hereof( the " Property").
B. The DFA sets forth the obligations of Shasta Women' s Refuge, Inc. DBA One Safe Place, referred to as " Developer", under the DFA.
C. The CITY has conclusively determined that the Developer has satisfactorily completed the obligations ofthe OWNER relative to development ofthe Property required by the DFA and now desires to furnish OWNER or its; successors with a Certificate of Completion. This Certificate is in such form as to permit it to be recorded in the Recorder' s Office of Shasta County and is conclusive determination of satisfactory completion of all of the obligations of the OWNER required by the DFA regarding development of the property.
NOW, THEREFORE, the CITY hereby certifies as follows:
1. The obligations ofthe OWNER regarding Development ofthe Project as stated in Section 6 ofthe DFA have been fully and satisfactorily completed in conformance with the DFA.
2. Nothing contained in this instrument shall modify in any way any other provisions of the DFA.
IN WITNESS WHEREOF, the CITY has executed this Certificate this th day of 2015.
CITY OF REDDING
GREG CLARK, Deputy City Manager
Packet Pg. 139 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
EXHIBIT A
LEGAL DESCRIPTION
2250 BENTON DRIVE
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDDING, COUNTY OF SHASTA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Parcel A:
Parcel 1 as shown on Parcel Map No. 70- 85 for Glenn& Patricia A. Smith and Harold & Patricia M. Jacobs, filed March 13, 1986, in the office of Shasta County Recorder in Book 25 of Parcel Maps, at page 105.
EXCEPTING THEREFROM all mineral rights below 500 feet in depth, without the right of surface entry as reserved in the following Deeds:
1) Crocker National Bank, Executor of the Estate of Robert F. Gill deceased, to Humboldt Financial Services Corp., a California corporation, recorded January 20, 1977 Document No. 2219, in Book 1394 of Official Records at page 32, as to 46%. 2) Crocker National Bank, Executor of the Estate of Virginia Gill, deceased, to Humboldt Financial Services Corp., a California corporation, recorded January 20, 1977, Document No. 2221, in Book 1394 of Official Records at page 41, as to 46%. 3) Lester T. Bartman and Mary E. Bartman, husband and wife to Humboldt Financial Services Corp., a California corporation, recorded January 20, 1977, Document No. 2222, in Book 1394 of Official Records at page 44, as to 8%.
Parcel B:
An easement 15. 00 feet in width for reciprocal driveway purposes over that portion of Parcel 2, included within the " Reciprocal Driveway", as the same is shown and designated upon said Parcel Map referred to above.
APN: 112- 390- 014
Packet Pg. 140 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) EXHIBIT 14
SECTION 3 CLAUSE
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 1701u( section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low- income persons, particularly persons who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD' s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor' s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person( s) taking applications for each of the positions; and the anticipated date the work shall begin.
The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
The contractor will certify that any vacant employment positions, including training positions, that are filled( 1) after the contractor is selected but before the contract is executed, and( 2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor' s obligations under 24 CFR part 135.
Non compliance with HUD' s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
Packet Pg. 141 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place) EXHIBIT 15
FAIR HOUSING POSTER
U. S. Department of Housing and Urban Development
EQUAL HOUSING
OPPORTUNITY
We Do Business in Accordance With the Federal Fair
Housing Law
The Fair Housing Amendments Act of 1988)
It is Illegal to Discriminate Against` Any Person,
Because of Race, Color, Religion, Sex,
Handicap, Familial Status, °or National Origin
In the sale or rental of housing or In the provision of real estate residential lots brokerage services
In advertising the sale or rental In the appraisal of housing of housing
In the financing of housing Blockbusting is also illegal Anyone who feels he or she has been U. S. Department of Housing and discriminated against may file a complaint of Urban Development housing discrimination: Assistant Secretary for Fair Housing and 1- 800- 669- 9777 ( Toll Free) Equal Opportunity
1- 800- 927- 9275 ( TDD) Washington, D. C. 20410
Previous editions are obsolete form HUD- 928. 1A( 8- 93) Packet Pg. 142 Attachment: Development Funding Agreement - OSP 12112014 (4.2(a)--Approval of Loan Increase to One Safe Place)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following relative to Bid Schedule No. 5321, Single-Phase, Pad-Type Distribution Transformers for the Redding Electric Utility:
(1) Award to Mader Supply, LLC, in the amount of $596,745.00, before taxes; (2) Authorize the Purchasing Officer to extend the bid award annually with Mader Supply, LLC, through November 30, 2027, if mutually agreeable, with all terms and conditions remaining the same per Howard Industries’ negotiated contract pricing policy; and (3) Authorize the City Manager to approve changes to future pricing terms and policies as needed due to inflation and unstable economic conditions.
Fiscal Impact
Funding for the purchase of distribution transformers is included in Redding Electric Utility’s (REU) adopted budget for Fiscal Year 2022-23. Future costs beyond this time period will be included as part of REU’s biennial budget requests.
Alternative Action
The City Council could choose to not award the bid to Mader Supply, LLC, and provide staff with an alternative direction.
Background/Analysis
This is a routine bid for the purchase of Single-Phase, Pad-Type Distribution Transformers through November 30, 2023, on an as-needed basis, subject to the availability of budgeted funds.
These single-phase, pad-type distribution transformers are required to support residential and commercial development and provide emergency replacement of the existing single-phase, pad-type distribution transformers that are presently in service.
MEETING DATE: November 1, 2022
ITEM NO. 4.5(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.5(a)--Award of Bid Schedule No. 5321, Single-Phase, Pad-Type Distribution Transformers
Nick Zettel, Director of
Redding Electric Utility
Packet Pg. 143
Report to Redding City Council October 25, 2022
Re: 4.5(a)--Award of Bid Schedule No. 5321, Single-Phase, Pad-Type Distribution Transformers Page 2
On September 28, 2022, two bids were opened for the subject single-phase, pad-type distribution transformers. In the evaluation process, staff analyzed the bids based on the bid price and compliance with specifications. The bid from General Pacific was deemed non-responsive due to a lack of compliance with the bid specifications. The only qualifying low bid was submitted by Mader Supply, LLC, which supplies Howard Industries transformers and is compliant with the specifications, general conditions, and proposal requirements. Mader Supply, LLC, has previously supplied distribution transformers to REU.
Transformers are purchased based on two criteria – purchase price and efficiency. The initial savings from a less costly transformer can be lost if the transformer is inefficient. Inefficiency results in a much higher cost for energy losses, which increases the life cycle cost of the unit.
Bidders are made aware of the methodology used in bid evaluations.
Environmental Analysis
This is not a project defined under California Environmental Quality Act (CEQA), and no further action is required.
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
^Bid Tab 5321
Packet Pg. 144
CITY OF REDDING Rev. 1 ~PG 1 OF 1
PURCHASING DIVISION-TABULATION OF BIDS
BID SCHEDULE NO. DATE OF OPENING HOPWOOD/ZETTEL
Mader Supply, LLC - (manufacturer: Howard Industries)
item qty kVA unit price
line total w/o
tax no load losses full load losses
unit price plus
both losses eval line total
1 10 25 $10,199.00 $101,990.00 76 $778.24 295 $262.55 $11,239.79 $112,397.902 10 37.5 $11,919.00 $119,190.00 113 $1,157.12 356 $316.84 $13,392.96 $133,929.603 10 50 $12,510.00 $125,100.00 129 $1,320.96 497 $442.33 $14,273.29 $142,732.904 10 75 $14,650.00 $146,500.00 176 $1,802.24 685 $609.65 $17,061.89 $170,618.905 5 100 $16,544.00 $82,720.00 198 $2,027.52 926 $824.14 $19,395.66 $96,978.306 1 167 $21,245.00 $21,245.00 260 $2,662.40 1542 $1,372.38 $25,279.78 $25,279.78 $596,745.00 Total Evaluated Cost: $681,937.38
General Pacific - NO BID - ERMCO Alternative
item qty kVA unit price
line total w/o
tax no load losses full load losses
unit price plus
both losses eval line total
1 10 25 $0.00 $0.00 $0.00 $0.00 $0.002 20 37.5 $0.00 $0.00 $0.00 $0.00 $0.003 20 50 $0.00 $0.00 $0.00 $0.00 $0.004 30 75 $0.00 $0.00 $0.00 $0.00 $0.005 5 100 $0.00 $0.00 $0.00 $0.00 $0.006 1 167 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Evaluated Cost: $0.00
Single-Phase, Pad-Type Distribution Transformers5321 Wednesday, September 28, 2022 Packet Pg. 145
Attachment: ^Bid Tab 5321 (4.5(a)--Award of Bid Schedule No. 5321, Single-Phase, Pad-Type Distribution
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions regarding Bid Schedule No. 5313, Overhaul of the Unit 4 Steam Turbine, Generator, and Auxiliaries:
(1) Award Bid to Stephen’s Mechanical Corporation at a total cost of $1,394,000, including $322,000 of contingency funding;
(2) Authorize the City Manager, or designee, to execute change orders up to the total amount of the project contingency to address unforeseen work items discovered during the overhaul process; and
(3) Find that the project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).
Fiscal Impact
The contract cost of labor, equipment, and commissioning services to complete this project is approximately $852,000. The cost of the necessary parts for the project is approximately $220,000. Staff is requesting $322,000 for a contingency to address unanticipated findings during the project for a total project cost of $1,394,000. Authorization for the City Manager to execute change orders up to the total amount of contingency to account for unforeseen work items is requested to ensure the unit returns online and limits exposure to power markets.
Based on historical activity, Redding Electric Utility (REU) originally budgeted $600,000 in Major Maintenance funds for this project during Fiscal Year 2020-21. However, over the last two years, inflationary factors and supply chain issues for major parts and equipment have dramatically increased the costs of industrial work. The funds required for the project, including contingency and extra work, are available in REU’s Major Maintenance Fund by delaying other projects that do not harm REU’s ability to provide safe and reliable power to its customers.
Replenishment and revision of the Major Maintenance Fund and funding plan will be included as part of the Fiscal Year 2023-25 biennial budget and rate-setting process. At that time, actual project expenditures will be known and can be considered.
MEETING DATE: November 1, 2022
ITEM NO. 4.5(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.5(b)--Unit 4 Steam Turbine Overhaul
Nick Zettel, Director of
Redding Electric Utility
Packet Pg. 146
Report to Redding City Council October 25, 2022
Re: 4.5(b)--Unit 4 Steam Turbine Overhaul Page 2
Alternative Action
The City Council could reject the proposed pricing, which would not allow for the overhaul and inspection of the Unit 4 Steam Turbine.
Background/Analysis
The City of Redding owns and operates a 29 MW GE steam turbine that is designated as Generating Unit 4. This turbine runs in a combined cycle configuration with two Siemens SGT800 gas turbines (Units 5 and 6). Waste heat generated by the gas turbines is utilized for steam production, which allows the plant to produce power more efficiently and with a smaller carbon footprint. The steam turbine is a critical component in REU’s power production portfolio.
GE recommends that major maintenance of steam turbines be performed every 40,000 operating hours. Unit 4 major maintenance has been budgeted in the Major Maintenance account since 2020. However, staff has postponed the work because the turbine has shown no decrease in performance since the last overhaul (approximately 54,000 hours of operation). Maintenance is expected to be performed in March 2023, and the turbine is expected to have 58,000 hours by then. This is almost 50 percent past the typical maintenance interval. Although performance remains adequate, continued delay of maintenance reflects an increase in operational risk to equipment as internal parts wear over time.
As maintenance is postponed, the possibility of a catastrophic failure increases despite good performance. Additionally, in 2021, while REU was seeking new insurance quotes in the power market, it received a recommendation to perform this overhaul to ensure continued reliable operation and reduce the risk of failure. During renewal discussions with insurance carriers this year, it was stated that this item would likely be moved to a required status during the next term, as it could prompt insurance companies to deny renewal coverage, and result in REU being under-insured against significant losses. It was also noted that this overhaul could attract larger insurance carriers and reduce overall insurance premiums.
In the event of catastrophic failure, the replacement cost for a steam turbine of this size is estimated to be $4 to 5 million for equipment (insurance deductible is approximately $1 million), plus replacement power for lost generation for approximately one year (up to $13 million using 2023 figures).
The bid review team evaluated three proposals submitted in response to RFP 5313 for both technical qualifications, schedule, and budget. Although Stephen’s Mechanical Corporation was not the lowest bidder, they were ultimately selected due to the following:
• The identification and recommendation of additional work to improve the project outcome which demonstrates a thorough understanding of the objectives of the project and the potential obstacles that will be faced during performance of the work. • Submission of a detailed schedule and staffing plan including expected labor hours for each task.
• Submission of a complete analysis to achieve the project requirements.
Packet Pg. 147
Report to Redding City Council October 25, 2022
Re: 4.5(b)--Unit 4 Steam Turbine Overhaul Page 3
The apparent low bidder, Tetrad Services, Inc., who was not selected by the review team, did not submit a project schedule, but rather a high-level staffing plan and a statement that the project would take 28 days. The Unit 4 Steam Turbine Overhaul is very time sensitive as REU needs to mitigate any possible project delays to avoid exposure to purchasing replacement power from the wholesale market. Tetrad Services, Inc. did not provide the high-level project schedule as required in the RFP.
Stephen’s Mechanical Corporation’s bid represents the best overall value to the City as their proposal demonstrated they have the best understanding of the project needs, the criticality of project timing, both of which reduce the potential for change order requests during the overhaul process.
Environmental Review
This project is providing major maintenance on an existing turbine at the Redding Power Plant and therefore is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).
Council Priority/City Manager Goals
This is a routine operational item.
Attachments
^Attachment A - Final Proposal Rankings
Packet Pg. 148
RANK Bidder COST
MINIMUM PROPOSAL
REQUIREMENTS MET?
TECHNICAL
EVALUATION SCORE
COST EVALUATION
SCORE
TOTAL
SCORE
1 Stephens Mechanical Inc $851,163.29 Yes 69 26 95
2 Tetrad Services Inc $668,257.00 Yes 58 29 87
3 Performance Mechanical Inc $1,364,925.00 No 45 7 52
ATTACHMENT A
FINAL PROPOSAL RANKINGS
Packet Pg. 149 Attachment: ^Attachment A - Final Proposal Rankings (4.5(b)--Unit 4 Steam Turbine Overhaul)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions relative to grant funding for the South City Park and Block 7 Project infrastructure projects:
(1) Authorize the following actions related to the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) Section 108 Loan Guarantee Program (Section 108 Program):
a. Adopt Resolution approving the CDBG Section 108 Program application in the amount of $3,737,000;
b. Authorize the City Manager to re-appropriate funding upon approval of CDBG Section 108 Program application for design and improvements at South City Park; c. Authorize the City Manager to execute any documents necessary to modify the Section 108 Program application and facilitate the funding changes; and (2) Authorize the following actions related to the American Rescue Plan Act (ARPA) funding:
a. Adopt Resolution approving and adopting the 70th Amendment to City Budget Resolution No. 2021-078 decreasing existing allocations for South City Park by $2,407,730 and appropriating $2,407,730 in ARPA funding to Block 7 project infrastructure; and
b. Authorize the City Manager to execute any documents necessary to facilitate the funding changes.
Fiscal Impact
Should the City Council (Council) approve this item, it will switch funding sources between the Block 7 and South City Park Projects. As these are two grant-funded projects, there is no impact to the General Fund.
MEETING DATE: November 1, 2022
ITEM NO. 4.6(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects Kim Niemer, Community
Services Director
Packet Pg. 150
Report to Redding City Council October 26, 2022
Re: 4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects Page 2 Alternative Action
The Council could decline to reallocate or switch funding sources for the Block 7 and South City Park projects. This action will limit opportunities for staff to obtain supplemental grant funding for South City Park.
Background/Analysis
South City Park, Redding’s oldest park, is nearly 100 years old and is uniquely poised to serve the community. It has, within its boundaries, a baseball field, bocce ball courts, tennis courts, a basketball court, walkways, and open grassy areas for picnicking, sitting, and other informal uses. In recent years, community utilization decreased in the park and South City Park needed revitalization to return to its original vibrancy.
On November 16, 2021, staff presented a proposal to the Council, recommended by the Community Services Advisory Commission (CSAC), to conduct a broad community engagement effort regarding the future of South City Park. Following the community engagement, on March 15, 2022, the Council opted to allocate Coronavirus State and Local Fiscal Recover Funds, also known as SLFRF and American Rescue Plan Act (ARPA), toward the revitalization efforts of South City Park. Staff retained the services of Project for Public Spaces (PPS), a multi-disciplinary firm that has facilitated many public placemaking community engagement efforts, published multiple studies and reports on the subject, and assisted communities in reactivating neglected public spaces.
At the June 16, 2022, meeting, the Council approved a concept to reimagine South City Park and authorized staff to refine the concept, develop a program, and estimate project costs with PPS.
Construction costs will exceed the $2.5 million ARPA allocation. Staff discovered, while investigating other grant funding opportunities to address the funding gap, that some available grant programs do not accept ARPA funds as a match funding source. CDBG funding, however, is an eligible source of match for most federal programs. By reallocating previously authorized CDBG Section 108 Program funds for South City Park, rather than ARPA funding, staff may seek out and apply for grant opportunities to fully fund the South City Park improvements.
The CDBG 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 and subsequently repaid by the City through its current and future CDBG allocations over a 20-year term. The current loan application specified infrastructure improvements on the Block 7 project. Necessary Block 7 project improvements include water, wastewater, storm drains, and underground utility infrastructure to support income-eligible housing, all of which are approved uses for ARPA funding. Staff proposes to move the Block 7 improvements to the ARPA program and the South City Park improvements to the CDBG Section 108 Program. The change in allocations will unlock more funding opportunities for South City Park. Staff will return to the Council to obtain authority to apply for grants as needed.
Environmental Review
This action is not a project as defined under the California Environmental Quality Act (CEQA), and no further action is required. Environmental studies are in progress for South City Park, and a CEQA/NEPA determination will be made prior to construction.
Packet Pg. 151
Report to Redding City Council October 26, 2022
Re: 4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects Page 3 For Block 7, on November 10, 2017, after the Planning Commission held a public hearing, it approved Use Permit UP-2017-01322, and a CEQA Notice of Exemption was filed on November 22, 2017. The NEPA Authority to Use Grant Funding document was executed by the U.S.
Department of Housing and Urban Development on August 19, 2019.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Resolution
^Resolution - Budget
Sep 26_2019_Staff Report
Mar 15_2022_9.10(b) Staff Report
June 16_2022_9.6(a) Staff Report
Aug 2_2022_Resolution
Aug 2_2022_Staff report
Packet Pg. 152
RESOLUTION NO. 2022-________
A RESOLUTION ACCEPTING A SECTION 108 GUARANTEED LOAN
UNDER SECTION 108 OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED, PLEDGING THE CITY
OF REDDING’S GENERAL FUND AS SECURITY, AND AUTHORIZING
BARRY TIPPIN, CITY MANAGER, TO EXECUTE A HUD SECTION 108
LOAN GUARANTEE CONTRACT, NOTE, AND RELATED
DOCUMENTS CONTAINING THAT PLEDGE.
WHEREAS, The City of Redding City Council, by resolution numbered 2022-___ authorized the City Manager to execute all necessary documents or contracts as might be required by HUD as support of a loan in the amount of an application for a $3,737,000 Section 108 Loan Guarantee for the South City Park Improvements Project and Downtown Façade Improvement Program and
WHEREAS, said resolution is hereby incorporated by reference; and WHEREAS, California Government Code sections 37103 and 53060 authorize cities to enter into agreements, including loan agreements, with the United States or any agency or department thereof for any lawful public purpose; and
WHEREAS, City of Redding has successfully obtained a commitment in the amount of $3,737,000 from the U.S. Department of Housing and Urban Development (“HUD”) for the Loan Guarantee; and
WHEREAS, HUD’s guarantee of the Note will be governed by a Contract for Loan Guarantee Assistance under Section 108 between the City and HUD (the “Contract”), in which this Resolution is incorporated by reference, and in which the City pledges Community Development Block Grants pursuant to 24 CFR 570.705(b)(2) and City of Redding’ General Fund for the repayment thereof:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows:
Section 1. The City Council hereby authorizes and directs the City Manager to execute any and all documents necessary to accept the loan guarantee referenced above and any subsequent notes.
Section 2. The Note constitutes a general indebtedness of the City and is payable from any money as is lawfully available and authorized or pledged by the City for the payment of principal of and interest on the Note, including but not limited to CDBG block grant funds pledged by the Borrower pursuant to 24 CFR 570.705(b)(2). For as long as the Note is Packet Pg. 153 Attachment: ^Resolution (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, make the prompt payment of principal and interest on the Note as the same shall become due. The obligation of the City as Borrower to make payments under the Contract shall be payable first from CDBG block grant funds pledged by the Borrower pursuant to 24 CFR 570.705(b)(2).
Section 3. The City Council hereby irrevocably pledges CDBG block grant funds pledged by the Borrower pursuant to 24 CFR 570.705(b)(2) and the General Fund in support of all obligations of the City as Borrower under any notes executed by the City, up to the amount of HUD’s commitment for Section 108 Loan Guarantee Assistance, evidencing the Section 108 guaranteed loan for the City’s South City Park Improvement Project and Downtown Façade Improvement Program pursuant to paragraph 15 of the related Contract for Section 108 Loan Guarantee Assistance between the City and HUD. This pledge shall be enforceable in mandamus against the City.
Section 4. The provisions of this resolution are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this resolution to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this resolution in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable.
I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 1 st day of November 2022, and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVED:
_______ ___________________________________
PAMELA MIZE, City Clerk BARRY E. DeWalt, City Attorney
Packet Pg. 154 Attachment: ^Resolution (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Resolution No. 2022 - ____________
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 70TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021-078 TO REAPPROPRIATE $2,407,730 FOR AMERICAN RESCUE PLAN ACT (ARPA) FUNDING FROM SOUTH CITY PARK PROJECT TO THE BLOCK 7 INFRASTRUCTURE PROJECT FOR FISCAL YEAR 2022-23.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2021-078 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
111
111
610
427
Parks
Non-Departmental
$(2,407,730)
$2,407,730
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Increase(Decrease) Expenditures
111-610-4010-98 ARPA - South City Park $ (2,407,730)
111-427-4010-85 ARPA - Block 7 project 2,407,730
Total $ - $ -
THAT the purpose is to re-appropriate $2,407,730 for American Rescue Plan Act (ARPA) funding from South City Park Project to the Block 7 infrastructure project.
I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the _________ day of ___________, 2022 and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVAL:
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 155 Attachment: ^Resolution - Budget (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects)
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;
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. 156 Attachment: Sep 26_2019_Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council September 26, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 2 (5) Adopt Resolution authorizing the City Manager to submit an application to the United States Department of Housing and Urban Development (HUD) Community Development 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.
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. 157 Attachment: Sep 26_2019_Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council September 26, 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.
Packet Pg. 158 Attachment: Sep 26_2019_Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council September 26, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 4 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 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 Packet Pg. 159 Attachment: Sep 26_2019_Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council September 26, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 5 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;
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 Packet Pg. 160 Attachment: Sep 26_2019_Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council September 26, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 6 Declared Disaster Recovery (DDR), CDBG Section 108 Program, Successor Housing Agency (SHA) Low and Moderate-Income Housing Asset Funds (LMIHAF) and Affordable Housing 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.
Packet Pg. 161 Attachment: Sep 26_2019_Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council September 26, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 7
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 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, Packet Pg. 162 Attachment: Sep 26_2019_Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council September 26, 2019
Re: 9.4(c)--Block 7 Affordable Housing Project-North Block Parking Project Page 8 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
• 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
Resolution
Executed Purchase and Sale Agreement (available online) Executed Block 7 DA 091919 (available online)
Block 7 DA Exhibits 1 through 18 (available online)
Executed North Block DA 092019 (available online)
North Block Parking Project Exhibits 1-9 (available online) Packet Pg. 163 Attachment: Sep 26_2019_Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions for the City of Redding:
(1) Adopt Resolution approving and adopting the 31
st Amendment to City Budget
Resolution No. 2021-078 appropriating $2,272,250 for Fiscal Year 2021-22 and $2,601,690 for Fiscal Year 2022-23 for mid-year budget adjustments; and (2) Adopt Resolution approving and adopting the 32
nd Amendment to City Budget
Resolution No. 2021-078 appropriating $17,593,440 of ARPA funding for Fiscal Year 2021-22.
Fiscal Impact
The recommended changes will allow the General Fund to meet the City Council (Council) directive of maintaining a ten percent reserve. The other recommended changes will not reduce reserve levels below those required in the respective funds.
Alternative Action
The City Council could choose to reject the budget resolutions and request additional information or provide direction relative to recommended budget changes.
Background/Analysis
On February 17, 2022, the Council conducted a budget workshop (workshop), which included a presentation of the current state of the General Fund financial plans, and received staff recommendations regarding a short- and long-term expenditure plan regarding the newly identified available funding. The presentation included recommendations to changes in Sales Tax and Transient Occupancy Tax (TOT) that could fund new General Fund services. As part of this presentation, there was a separate discussion on ARPA funding. This staff report will identify some minor changes between funding mechanisms while maintaining the overall integrity of the enhancement to services proposed at the February 17, 2022, meeting.
MEETING DATE: March 15, 2022
ITEM NO. 9.10(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.10(b)--Consider Resolution approving mid-year budget adjustments including Budget Workshop amendments and Resolution approving American Rescue Plan Act (ARPA) expenditure plan.
Greg Robinett, Finance
Officer
Packet Pg. 164 Attachment: Mar 15_2022_9.10(b) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council March 10, 2022
Re: 9.10(b)--Mid-Year Budget Adjustments including ARPA & Budget workshop info Page 2 Revenues
Sales Tax
As discussed at the budget workshop, Sales Tax revenue through January 2022 has increased by $1,665,137 or 9.6 percent year over year and is $1,952,631 or 11.5 percent above budget projections. As a result of the performance of Sales Tax, staff is recommending a change of the projected Sales Tax revenue to $31,983,000 for Fiscal Year 2021-22 and $33,207,000 for Fiscal Year 2022-23. Staff projected these revenues by using the actual receipts through January and increasing the original budget projections by three percent for Sales Tax for all remaining periods. The City engages the services of MuniServices to help analyze and project Sales Tax.
Staff recommendations are below the most recent projections provided from MuniServices for Sales Tax.
Transient Occupancy Tax
During the budget workshop, Transient Occupancy Tax (TOT) was also identified as a revenue performing above original budget projections. TOT through January 2022 has increased by $1,634,893 or 46.6 percent year over year and is $1,840,991 or 55.7 percent above budget projections. Due to the performance of TOT revenue, staff is recommending increasing original budget projections to $7,241,000 in Fiscal Year 2021-22 and $7,530,000 for Fiscal Year 2022-
23. Staff projected TOT revenue using actual receipts through January and increasing it by four percent for all remaining periods.
Other Revenues
Revenues in the Planning and Building Divisions continue to perform strongly and indicate a need for increased staffing. Staff is recommending increasing Building Division revenue projections in Fiscal Year 2022-23 by $68,700 to recognize the revenue performance and help the department align its staffing needs with the current workload demands. Staff is recommending increasing Planning Division revenue projections in Fiscal Year 2022-23 by $51,270 to recognize the performance of the revenues and help the department align staffing needs with the current workload demands.
Additionally, General Fund is transferring $500,000 to the Airports Division to complete a concept and budget study for a potential new terminal at Redding Municipal Airport.
Rolling Stock
During the budget workshop, additional contributions to rolling stock were recommended for both the Police and Fire Departments. Rolling stock provides an account where funding can be placed in order to allow departments to meet future needs at the time in which they are identified.
For the Police Department, staff recommends increasing the rolling stock contributions by $300,000 for Fiscal Year 2021-22 and $150,000 for Fiscal Year 2022-23. For the Fire Department, the increase is recommended for $500,000 in Fiscal Year 2022-23, which will be utilized immediately to purchase a type 3 fire engine. This funding will help both departments better address short- and long-term needs in rolling stock.
Packet Pg. 165 Attachment: Mar 15_2022_9.10(b) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council March 10, 2022
Re: 9.10(b)--Mid-Year Budget Adjustments including ARPA & Budget workshop info Page 3 General Fund Expenditures
There are two sets of recommendations, the first includes recommendations from the budget workshop on February 17, 2022, and the second includes changes that are similar to what is found in a typical mid-year budget request. The first chart includes budget changes from the budget workshop on February 17, 2022.
Department Project 2021-22 2022-23
Non-Departmental Downtown Street Maintenance $ 100,000
Non-Departmental Economic Development - EDC Funding 75,000 Non-Departmental Council Chambers Roof 300,000
Parks Gardener 86,980
Parks Nur Pon Fencing 60,000
Building & Code Enforcement Plans Examiner 88,460
Building & Code Enforcement 1/2 Time Clerk to Full Time 48,920 Planning Associate Planner 102,550
Fire - Prevention Fire Prevention Specialist 84,360
Fire- Suppression PPE New Hire 110,000
Fire- Suppression Station 2 Generator Replacement 50,000 Fire- Suppression CAD to CAD Interface 200,000
Police - Administration PRA Tech Supervisor 100,350
Police - Investigations Executive Assistant 80,940
Police - Field Operations Rifles & Suppressors 125,000
Total $ 185,000 $1,427,560
There are some areas that are slightly changed from the recommendations made during the budget workshop presentation. These changes are due either to projects that will require future action by the Council or the fact that some recommendations are funded through ARPA. Due to restrictions within the ARPA guidelines and the associated timing concerns of the expenditures originally recommended within ARPA, staff made adjustments in order to comply with the desires of the Council. The ARPA section of this report will provide more explanation of the exact changes that are referenced.
The following chart is a breakdown of the additional budget modifications request. Following the chart will be a brief discussion on these expenditures.
Packet Pg. 166 Attachment: Mar 15_2022_9.10(b) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council March 10, 2022
Re: 9.10(b)--Mid-Year Budget Adjustments including ARPA & Budget workshop info Page 4 Department Project 2021-22 2022-23
Non-Departmental League Of CA Cities Dues $ 800 $ 800
Non-Departmental Council Chamber Upgrades 250,520
Permit Center Computer Hardware<$5000 1,500
Building & Code Enforcement Operating Material/Supp 12,000 Building & Code Enforcement Books/Dues/Subscription 6,500 Building & Code Enforcement Travel Expense 6,200
Building & Code Enforcement Employee Training 2,200
Building & Code Enforcement Vehicle 120,000
Police- Administration Specialized Services 4,000
Police - Field Operations Communication Expense 2,000 2,000 Police - Field Operations Officer Equip - Issued 5,000
Police - Field Operations Officer Equip - Replace 5,000 Police - Field Operations Employee Training 15,000
Police - Field Operations POST Program 10,000
Police - Services Division Bureau of Identification 2,000 Animal Regulation Animal Control Contract 4,500
Fire - Suppression Specialized Services 60,000 30,000
Fire - Suppression Special Equipment 9,500
Fire - Suppression Special Equipment 110,000
Fire - Suppression Special Equipment 6,000
Public Works - Engineering Computers 15,000 15,000
Public Works - Engineering Misc Equipment 48,000
Streets - General & Admin Truck 11,600
Streets - General & Admin Radios & Handhelds 90,330
Parks Mower 40,000
Recreation Operations & Materials 12,000
Total $849,650 $47,800
Non-Departmental is requesting additional funding in each fiscal year for dues for League of California City membership. The cost was slightly over the original budget projection and this adjustment covers the increased cost. Additionally, Non-Departmental is requesting an additional $250,520 for the Council Chambers audiovisual technology upgrades. The City Council Chambers space is roughly 20 years old with audiovisual equipment that dates back to the opening of the facility. There have been minor upgrades as equipment failed over the last 10-15 years, but the City has not fully modernized the technology in the Chambers. As a result, the system is subject to unexpected failures and constant troubleshooting. In 2021, a consultant was hired by the City to conduct a study on the current system and provide staff with the design specifications for a new system that integrates all the needs of the various Boards and Commissions that utilize the space, as well as comply with the Americans with Disabilities Act.
The upgrade of the audiovisual technology will cost roughly $450,000. The cost will ultimately be paid for with pass through fees the City receives as a result of proceeds calculated from the gross revenues of telecommunications payments from the local telecommunications provider. As the full cost has not yet been realized, the General Fund will need to front the cost of the upgrade, but will be repaid through the fees received quarterly from the telecommunications provider. Repayment is anticipated to occur within two years. The project is nearly ready to be released for bid, and is anticipated to be complete by the end of the year.
Packet Pg. 167 Attachment: Mar 15_2022_9.10(b) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council March 10, 2022
Re: 9.10(b)--Mid-Year Budget Adjustments including ARPA & Budget workshop info Page 5 The Development Services Department is requesting additional funding for Fiscal Year 2021-22 of $148,400. These requests include 3 vehicles that were originally approved as part of the biennial budget process, but an administrative error caused them to not be included in the budget.
Additionally, the Development Services Department is requesting $8,400 for travel and training to ensure that staff is attending important training that was recently announced. Finally, the department is requesting $13,500 to purchase hardware for a customer self-service kiosk and to begin a migration of records to be permanently moved from an in-house software program to Laserfiche.
The Police Department is requesting $43,000 in Fiscal Year 2021-22 and $2,000 in Fiscal Year 2022-23. This funding includes $18,000 in Fiscal Year 2021-22 and $2,000 in Fiscal Year 2022- 23 for additional costs associated with the new Police Officers that will be hired by the department including background checks, polygraph tests, communication expenses, equipment, and finger printing. Additionally, the department is requesting $25,000 to help complete the back log of employee training, including POST training, that occurred as a result of the impacts of COVID-19 on access and availability to training.
The Fire Department is requesting $185,500 in Fiscal Year 2021-22 and $30,000 in Fiscal Year 2022-23. This funding includes $60,000 in Fiscal Year 2021-22 and $30,000 in Fiscal Year 2022-23 for a new Emergency Reporting System software. The company that supplies the software that is currently in use is being purchased by another entity; this precipitated the Fire Department staff to evaluate comparable options as the new company will be charging an increased fee. The increased fee in Fiscal Year 2021-22 includes implementation costs of the new software as well as the final annual cost of the previous software. Additionally, the Fire Department is requesting $125,500 of special equipment funding. This includes costs of new foam that is required in California due to a ban of firefighting foam that contains per- and polyfluoroalkyl substances (PFAS) effective January 1, 2022. This funding also includes purchasing automated external defibrillators (AEDs), new wildland personal protective equipment (PPE), electric fans (E-fans), jaws of life, and EMS Bags.
The Public Works Department is requesting $164,930 in Fiscal Year 2021-22 and $25,000 in Fiscal Year 2022-23. This funding includes $15,000 per year to replace computer hardware that is struggling to meet the demands of the department. Also included in the request is $48,000 to replace a Trimble S5 – 3” Robotic Total Station which replaces an existing survey station and will increase efficiencies within the Engineering Division. The Streets Division has two requests included within Fiscal Year 2021-22, the first for its component of a bucket truck that was purchased with the ET-USA Division to share costs proportional to the use of the asset, and finally $90,330 to purchase radio equipment that will be compatible with the new radio system the City is in the process of completing.
The Community Services Department is requesting $52,000 in Fiscal Year 2021-22. The first request is for $40,000 in the Parks Division to replace a mower that recently had an engine failure. The second request is for the Recreation Division to assist in attracting applicants who will assist with required certification trainings such as CPR, First Aid, Basic Water Rescue, and lifeguarding.
Packet Pg. 168 Attachment: Mar 15_2022_9.10(b) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council March 10, 2022
Re: 9.10(b)--Mid-Year Budget Adjustments including ARPA & Budget workshop info Page 6 Other Fund Expenditures
Other Fund Expenditures have two components of recommendations as well. The first contains the recommendations from the budget workshop on February 17, 2022. The second contains changes similar to a typical mid-year budget request.
Department Project 2022-23
Airports New Terminal Concept Study $ 500,000
Fleet Maintenance Mechanic I 83,120
Building Maintenance & Construction Building Facilities Mechanic 95,700 Total $ 678,820
The above changes were approved in concept as part of the budget workshop on February 17, 2022. The Airport Division funding will come from a transfer from the General Fund to provide funding for the new terminal concept study. This is due to the increase in commercial flights at the Redding Municipal Airport which is causing capacity issues within the current terminal. As air service continues to expand and new opportunities arise, it will be important to begin to forecast the needs of the Redding Municipal Airport. This project will provide funding to begin to assess those needs and position the Redding Municipal Airport to find grant opportunities in the future to fund the future terminal needs that may be identified.
The other two requests provide new staff positions to internal service funds to assist in meeting various needs in the Fleet and Building Maintenance Divisions. These changes and other previous changes approved by the Council require a change to the allocations of various internal service funds. The allocations of internal service funds provide funding to these identified funds to perform services for the entire City. The allocation changes will be broken down after the other budget modification requests. Following is a chart of additional budget change requests.
Department Project 2021-22
Electric - Power Resource Group CT Misc Material/Supply $ 150,000 Electric - Distribution System Group Admin & Gen Consultants 100,000 Electric - Distribution System Group Admin & Gen Recruiting 100,000 Electric - Energy Services Transportation Electrification 184,100 Field Service Meter Reading Division Specialized Services/Technical 250,000 Solid Waste Transfer Station 60,000
Solid Waste Other Equipment 215,000
Information Technology Office Equipment/Repairs 5,000
Information Technology Operating materials/supplies 100,000 Information Technology Computer Hardware <$5000 3,500
Building Maintenance & Construction Vehicle 65,000
Communications Division Communication Expense 5,000
Total $ 1,237,600
Redding Electric Utility (REU) is requesting increases totaling $534,100 for a variety of projects including some unanticipated emergency backup power system repairs, a consultant for the Strategic Modernization Project, consulting services for recruitment of a number of vacant positions within REU, and providing additional funding for the transportation electrification.
The Field Services Division is requesting an increase of $250,000 to cover on-call metering services due to vacancies occurring at the meter shop.
Packet Pg. 169 Attachment: Mar 15_2022_9.10(b) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council March 10, 2022
Re: 9.10(b)--Mid-Year Budget Adjustments including ARPA & Budget workshop info Page 7 The Solid Waste Division is requesting $275,000 which includes the purchase of handhelds that will be compatible with the City’s new radio system and consultant costs to update the Facility Master Plan, which plans for solutions to space constraints and expansion needs at the Transfer Station.
The Information Technology Department is requesting budget changes of $113,500 which includes hardware costs for new employees, additional propane costs for some communication equipment, and costs to cover an unanticipated cyber security event including costs for the immediate response and enhancements as a result of the breach.
The Building Maintenance Division is requesting $65,000 for a new F-350 truck which will replace an older asset which needs costly repairs. This will also help ensure the division has the proper vehicles available with the addition of a new staff member as mentioned above.
The Fleet Maintenance Division allocation is being recommended to increase by $293,460 in Fiscal Year 2022-23 to provide funding for both the budget modifications that were approved by the Council and maintaining the necessary cash reserve. Of this increased allocation, $60,920 is attributable to the General Fund.
The Building Maintenance Division allocation is being recommended to increase by $124,920 in Fiscal Year 2022-23 to provide funding for both the budget modifications approved by the Council and maintaining the necessary cash reserve. Of the increased allocation, $88,200 is attributable to the General Fund.
ARPA Expenditure Plan
At the budget workshop on February 17, 2022, staff made a number of recommendations to the Council regarding the ARPA funding. This section of the report will summarize the information presented at the workshop in the chart below, which includes a modification being recommended by staff. These modifications will be discussed below the chart.
Category Description Amount
Responding to Public Health & Economic Impacts Non-Profit Assistance $ 700,000 Responding to Public Health & Economic Impacts South City Park Infrastructure 3,000,000 Responding to Public Health & Economic Impacts MLK Center upgrades & enhancements 560,000 Responding to Public Health & Economic Impacts Sports Scholarships for underprivileged youth 100,000 Responding to Public Health & Economic Impacts Five Police Officers to create an eighth beat 1,965,150 Responding to Public Health & Economic Impacts COVID Tests and other pandemic related expenses 195,000 Water and Sewer Infrastructure Storm Drain Upgrades 2,000,000 Broadband Infrastructure Citywide Backbone Fiber Ring 4,000,000 Provision of Government Services Stillwater Business Park Infrastructure 2,500,000 Provision of Government Services Four Police Officers (Park Rangers) 1,263,290 Provision of Government Services Street Maintenance 1,000,000 Provision of Government Services Youth Programming 310,000 Total $17,593,440
The only modification that is being recommended is to move the funding for the additional four Police Officers for Park Rangers to ARPA funding for the first two years, and reducing the funding associated with the five Police Officers on the City’s eighth beat to two years. The funding with the eighth beat is being reduced to two years due to concerns over the Treasury Department’s definition of obligation. Due to the flexibility within ARPA, staff is recommending Packet Pg. 170 Attachment: Mar 15_2022_9.10(b) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council March 10, 2022
Re: 9.10(b)--Mid-Year Budget Adjustments including ARPA & Budget workshop info Page 8 absorbing those final years of the eighth beat into the City of Redding General Fund Ten-Year Plan and utilizing ARPA funding that is currently available for the Provision of Government Services category in the first two years to fund the Park Rangers unit.
General Fund 10-Year Plan
The changes recommended throughout this report are included in the attached updated General Fund Ten-Year Plan. The General Fund Ten-Year Plan continues to meet the required ten percent reserve in all years as required by Council policy. As mentioned previously, there are some changes that were recommended at the budget workshop on February 17, 2022, that will require future action by the Council in order to adopt them, and the ten-year plan will be changed as those items are brought to the Council for approval. The biggest of these items is the future bond issuance for Fire Department fire station needs. The future bond is expected to increase expenditures by approximately $1 million dollars per year in order to budget the expected bond payments after the bond is issued.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Ten Year Plan 21-22 & 22-23 Updated Mid Year & ARPA March 15, 2022 Resolution - Mid-year budget
Resolution - American Rescue Plan Act (ARPA)
Packet Pg. 171 Attachment: Mar 15_2022_9.10(b) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve an Agreement with Project for Public Spaces in an amount not-to-exceed $49,000, to draft a Park Improvement Plan, Schematic Design, Programming Matrix, and Activation Plan for South City Park.
Fiscal Impact
The cost of the contract is not to exceed $49,000 and is funded with an existing allocation. There is no impact to the General Fund.
Alternative Action
The City Council could decline to award the contract and provide staff with alternative direction.
Background/Analysis
South City Park, Redding’s oldest park, is nearly 100 years old. The park is uniquely poised to serve the community. It has, within its boundaries, a baseball field, bocce ball courts, tennis courts, a basketball court, walkways, and open grassy areas for picnicking, sitting, and other informal uses. Directly adjacent to the park are the Redding Library and Tiger Field along with space for parking. The park is near two residential neighborhoods and only a short distance from the newly revitalized downtown Redding. In addition, Redding City Hall with its ample grounds is just two blocks away.
The park has seen some challenges since its inception. In 1964, the Council called for a special election to sell the park property, and the idea was rejected by the voters. In recent years, the park had a decrease in utilization by the community and needed revitalization to return to its original vibrancy. In 2017, the Council directed staff to prepare a request for proposals for MEETING DATE: June 21, 2022
ITEM NO. 9.6(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.6(a)--Consider Consulting and Professional Services Agreement (Agreement) for programmatic plan and schematic design for the City of Redding South City Park with Project for Public Spaces.
Kim Niemer, Community
Services Director
Packet Pg. 172 Attachment: June 16_2022_9.6(a) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council June 16, 2022
Re: 9.6(a)--Approve Agreement for Programmatic Plan and Schematic Design at South City Park Page 2
projects at South City Park with the hope of soliciting new ideas for, and private investment in, the park. The RFP was released in 2018 and two responses were received, but neither was funded. In June 2018, the Council directed that South City Park be fenced and closed to open public access and that staff work with interested community partners to develop activities to utilize the park property. Public meetings were held and two groups proposed new uses for the park. An agreement with Redding Tennis Club was signed in 2019. Redding Tennis Club was anticipated to bring regular programming, community events, and updated facilities to the park, but the work was never executed.
On November 16, 2021, staff presented a proposal to the Council, recommended by the Community Services Advisory Commission (CSAC), to conduct a broad community engagement effort regarding the future of South City Park. Immediately following, A board member from the Colt 45s presented a proposal to construct an additional baseball field and an entertainment stage in the park as well as conduct some improvements to Tiger Field. The Council accepted both reports and directed staff and CSAC to continue to engage the community in dialog regarding options to enhance South City Park through workshops, surveys, and public meetings and to collaborate with the Redding Colt 45s organization. In-mid January, the Colt 45s withdrew its proposal.
In response to the Council’s direction, staff launched a series of opportunities to solicit public opinion. Three open houses were conducted — two in-person on-site at the park, and another via Zoom. City staff facilitated discussions and used pop-up boards to compile the ideas and priorities from the community. Staff developed an online survey which was distributed through the City’s communication media to reach a greater audience and those who were unable to attend open houses. From December 1 - January 19, 2022, the public survey collected almost 1,300 responses. Overall community engagement results highlighted the opinion that it is difficult to access the park by foot or bike, and there is a perceived lack of safety.
Staff retained the services of Project for Public Spaces (PPS), a firm of multi-disciplinary professionals who have facilitated many public placemaking community engagements efforts, published multiple studies and reports on the subject, and assisted communities to reactivate neglected public spaces. In February 2022, PPS staff visited Redding and conducted two full days of focus groups and interviews. These discussions revealed missing elements in the community and existing elements that can be expanded upon. Discussions delved into the background on past uses of South City Park, the nostalgia the community holds for the park, and the impact of the fencing that was installed three years ago. These engagements helped increase awareness of the options and understanding of the work needed to include the community in the program planning of the new South City Park. Following its visit, PPS reviewed all of the community engagement collaterals and produced the attached South City Park Visioning Plan (Visioning Plan) which addresses both placemaking and activation.
CSAC reviewed the Visioning Plan at its meeting on April 25, 2022, with a presentation from the PPS staff and several interested members of the community. CSAC members unanimously voted to accept the report and recommended proceeding to the next level of planning with PPS.
Under the proposed contract Project for Public Spaces (PPS) will develop an initial park improvement plan and schematic design, as well as a programming matrix and activation plan.
The work would be completed no later than June 30, 2023.
Packet Pg. 173 Attachment: June 16_2022_9.6(a) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council June 16, 2022
Re: 9.6(a)--Approve Agreement for Programmatic Plan and Schematic Design at South City Park Page 3
The preliminary design will include:
• Entrances, gateways, as well as subplaces and destinations within it (existing and proposed) illustrating different programming options (e.g. seasonal events, markets, celebrations, etc.);
• Types of experiences and programs for the park, including infrastructure needs (e.g., stages, storage, restrooms, food, electrical, water, etc.); • The character and scale for buildings in the park (if needed) including urban design considerations, and desired type of retail, community, civic and cultural uses; • Circulation patterns, access points, parking options, pedestrian and bicycle routes; • Linkages to the park and between various destinations within; etc. • High level programmatic level cost estimating.
The Programming Matrix and Activation Plan builds on the ideas that emerged from focus groups and interviews, as well as the information from the community survey and open house meetings. The program will include:
• A matrix that lists existing and proposed uses and activities, and when they occur during the day, week and year;
• Conceptual diagrams illustrating the layout of new or proposed program elements in the park;
• A discussion of the management implications of the proposed levels of programming; • A list of additional and potential programming partners; • A list of types of recreational and organized activities as well as self-directed, spontaneous and daily uses; infrastructure, management, and maintenance needs related to active programming (e.g., stages, storage, landscaping, electrical, water, etc.); and thematic linkages to other community events and destinations.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Agreement
Redding South City Park Visioning Plan
South City Park Survey Results
Online Survey Open End Responses
Packet Pg. 174 Attachment: June 16_2022_9.6(a) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council June 16, 2022
Re: 9.6(a)--Approve Agreement for Programmatic Plan and Schematic Design at South City Park Page 4
Dec19_2017_ 9.1(b) staff report
June 5_2018_9.6 staff report
Oct 15_2019_4.6(a) staff report
Packet Pg. 175 Attachment: June 16_2022_9.6(a) Staff Report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) RESOLUTION NO. 2022-________
A RESOLUTION ACCEPTING A SECTION 108 GUARANTEED LOAN
UNDER SECTION 108 OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED, PLEDGING THE CITY
OF REDDING’S GENERAL FUND AS SECURITY, AND AUTHORIZING
BARRY TIPPIN, CITY MANAGER, TO EXECUTE A HUD SECTION 108
LOAN GUARANTEE CONTRACT, NOTE, AND RELATED
DOCUMENTS CONTAINING THAT PLEDGE.
WHEREAS, The City of Redding City Council, by resolution numbered 2022-___ authorized the City Manager to execute all necessary documents or contracts as might be required by HUD as support of a loan in the amount of an application for a $3,737,000 Section 108 Loan Guarantee for Block 7 Infrastructure Project and Downtown Façade Improvement Program and
WHEREAS, said resolution is hereby incorporated by reference; and WHEREAS, California Government Code sections 37103 and 53060 authorize cities to enter into agreements, including loan agreements, with the United States or any agency or department thereof for any lawful public purpose; and
WHEREAS, City of Redding has successfully obtained a commitment in the amount of $3,737,000 from the U.S. Department of Housing and Urban Development (“HUD”) for the Loan Guarantee; and
WHEREAS, HUD’s guarantee of the Note will be governed by a Contract for Loan Guarantee Assistance under Section 108 between the City and HUD (the “Contract”), in which this Resolution is incorporated by reference, and in which the City pledges Community Development Block Grants pursuant to 24 CFR 570.705(b)(2) and City of Redding’ General Fund for the repayment thereof:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows:
Section 1. The City Council hereby authorizes and directs the City Manager to execute any and all documents necessary to accept the loan guarantee referenced above and any subsequent notes.
Section 2. The Note constitutes a general indebtedness of the City and is payable from any money as is lawfully available and authorized or pledged by the City for the payment of principal of and interest on the Note, including but not limited to CDBG block grant funds pledged by the Borrower pursuant to 24 CFR 570.705(b)(2). For as long as the Note is Packet Pg. 176 Attachment: Aug 2_2022_Resolution (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, make the prompt payment of principal and interest on the Note as the same shall become due. The obligation of the City as Borrower to make payments under the Contract shall be payable first from CDBG block grant funds pledged by the Borrower pursuant to 24 CFR 570.705(b)(2).
Section 3. The City Council hereby irrevocably pledges CDBG block grant funds pledged by the Borrower pursuant to 24 CFR 570.705(b)(2) and the General Fund in support of all obligations of the City as Borrower under any notes executed by the City, up to the amount of HUD’s commitment for Section 108 Loan Guarantee Assistance, evidencing the Section 108 guaranteed loan for the City’s Block 7 Infrastructure and Downtown Façade Improvement Program pursuant to paragraph 15 of the related Contract for Section 108 Loan Guarantee Assistance between the City and HUD. This pledge shall be enforceable in mandamus against the City.
Section 4. The provisions of this resolution are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this resolution to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this resolution in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable.
I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 2nd day of August 2022, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVED:
_______ ___________________________________
PAMELA MIZE, City Clerk BARRY E. DeWalt, City Attorney
Packet Pg. 177 Attachment: Aug 2_2022_Resolution (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve and/or authorize the following actions:
(1) Approve the Second Amendment to the North Block Development Agreement (C-8238) (Second Amendment) with Block 7 Retail Investors, LLC, for the development of the Downtown Park Plaza (Plaza Project); and authorize the Mayor to execute the Second Amendment;
(2) Approve the Park and Recreation Facilities Impact Fee Reimbursement Agreement with Block 7 Retail Investors, LLC, for the construction of a Downtown Park Plaza; and authorize the Mayor to execute the Agreement;
(3) Authorize the following actions related to the award of the California Department of Transportation’s (Caltrans) Clean California Local Grant (CCLG) Program:
a. Accept the award and adopt Resolution for CCLG Program funds in the amount of $3,889,480;
b. Authorize the City Manager to execute the CCLG Program Restricted Grant Agreement, any amendments and the associated documentation; c. Direct the City Manager and the Finance Director to set forth the terms, conditions and administrative measures to utilize the General Fund as temporary funding prior to the disbursement of CCLG Program grant funds, in an amount not-to-exceed $1,000,000;
d. Adopt Resolution approving and adopting the 47th Amendment to City Budget Resolution No. 2021-078 appropriating the CCLG Program funds; (4) Adopt Resolution approving and adopting the 51st Amendment to City Budget Resolution No. 2021-078 appropriating $575,000 of Redding Electric Utility’s Replacing and Upgrading Underground Conductors and Devices funding; and (5) Authorize the following actions related to the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) Section 108 Loan Guarantee (Section 108) Program:
a. Approve the financing terms and conditions;
MEETING DATE: August 2, 2022
ITEM NO. 9.2(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.2(c)--Consider Agreements and adopt four Resolutions for the Block 7 North Block Development in Downtown Redding.
Steve Bade, Assistant City
Manager
Packet Pg. 178 Attachment: Aug 2_2022_Staff report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council July 27, 2022
Re: 9.2(c)--Approve Agreements & Authorize Resolutions for North Block Development Page 2 b. Adopt Resolution approving the CDBG application in the amount of $3,737,000; and
c. Authorize the City Manager to execute any documents necessary to complete the Section 108 Program loan process and appropriate funds upon approval of the loan.
Fiscal Impact
In March 2022, the City of Redding (City) and The McConnell Foundation were awarded $3,889,480 from the Caltrans CCLG Program. These funds, combined with the City’s Park and Recreation Facilities Impact Fee reimbursements, will finance the design and development of the Plaza Project. To facilitate the CCLG Program funds, Housing Division staff would utilize General Fund cash for a 45- to 60-day period, as Caltrans processes the CCLG Program reimbursement to the City. As proposed, the City Manager and the Finance Director would set forth the borrowing limits, not to exceed $1,000,000, and the associated terms and conditions.
Future maintenance of the Plaza Project is anticipated to be funded through the potential downtown property-based improvement district or a landscape maintenance district as provided within the Park and Recreation Facilities Impact Fee Reimbursement Agreement. The final maintenance funding mechanism will be brought to the City Council at a future meeting.
Redding Electric Utility’s (REU) Replacing and Upgrading Underground Conductors and Devices (RUUCD) funding is derived from REU’s capital improvement budget and is earmarked for the development of infrastructure within the City and is anticipated to assist Block 7 infrastructure costs in the amount of $575,000. Allocation of these funds to the Block 7 Development will not impact the General Fund.
The Section 108 Program Loan payment is estimated to be $186,850 per year for a 20-year term.
Each year, the payment will be considered a project and included in the CDBG Annual Action Plan. Payment of the Section 108 Loan will decrease the amount of CDBG funds available to other public infrastructure projects. As proposed for collateral, the City would pledge General Fund revenues as security for the loan; however, this risk is low, as the City has been an entitlement jurisdiction receiving annual CDBG funding allocations for more than 40 years; in this period of time, federal administrations have threatened to discontinue the CDBG program, but it has never come to fruition.
Alternative Action
The City Council (Council) could reject or seek modifications to the Second Amendment language; choose not to accept the Caltrans CCLG Program funds; not amend the City’s budget for the appropriation of CCLG or REU funds to the Project; nor approve the Section 108 Program Loan. Any of these actions could put the Block 7 North Block or Plaza Project in jeopardy of completion.
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 Shasta-Tehama-Trinity Joint Community College District (District) and the City for the transfer of a portion of property located at 1400 Market Street. Subsequently, in June 2022, Council approved a Park Dedication and Easement Agreement that deeds the property to the City Packet Pg. 179 Attachment: Aug 2_2022_Staff report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council July 27, 2022
Re: 9.2(c)--Approve Agreements & Authorize Resolutions for North Block Development Page 3 for purposes of developing a public park. The property transaction is currently in escrow and will be completed by mid-August 2022. The Plaza Project site is detailed in Exhibit B of the Second Amendment to the North Block Development Agreement (North Block DA).
To facilitate the development of the Plaza Project, staff is seeking approval of the Second Amendment to the North Block DA, the Park and Recreation Facilities Impact Fee Reimbursement Agreement and accepting the award of CCLG Program funds which are detailed further in Sections I and II below.
I. North Block DA Amendment
Pursuant to the Second Amendment to the North Block DA, the scope of work is modified to include the construction of the Plaza Project that will be developed by the Block 7 Retail Investors, LLC. The expanded scope includes architectural design services, permits, improvements and development administration for the Plaza Project. In exchange for the expanded scope of work, the Block 7 Retail Investors, LLC, after showing proof of payment for eligible park development related expenses, will receive credit for its associated Block 7 park impact fee obligations as further defined in the Park and Recreation Facilities Impact Fee Reimbursement Agreement.
The estimated total cost of the Plaza Project is $4,725,935. The Plaza Project improvements will be funded by the CCLG Program funds and Park and Recreation Facilities impact fees. In March 2022, the City and The McConnell Foundation were awarded $3,889,480 from the CCLG Program. The CCLG Program is a competitive program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. In order to utilize the CCLG Program funds, the Council must formally accept the CCLG Program grant, and approve a resolution amending the City’s budget to accommodate the additional Plaza Project funds. The grant agreement and approving resolution are attached.
II. Park and Recreation Facilities Impact Fee Reimbursement Agreement The Park and Recreation Facilities Impact Fee Reimbursement Agreement provides up to seven hundred and eighty thousand dollars ($780,000) in reimbursement for eligible park development expenses, the estimated amount of park fees paid by the Block 7 and Market Center projects.
The agreement requires City approvals for final design, award of the construction contract and construction inspection. The Community Services Advisory Commission has reviewed the proposal and supports the project and the funding agreement.
III. Block 7 Project Infrastructure
REU RUUCD
The North Block DA provided the typical scope of work for the development, construction, and management of the parking project and the Commercial, Retail, and Market-Rate Housing Project. With similar types of projects, Redding Electric Utility (REU) will have a developer perform work that REU would traditionally complete in order to maintain continuity of the infrastructure. REU will then reimburse these costs to the developer, including REU’s proportional share of overhead costs. After assessing the value of these costs, REU’s portion of development for the Block 7 North Block, Mid-Block and South Block, amount to a calculated reimbursement due to the developer of $575,000. In support of this process, a budget resolution Packet Pg. 180 Attachment: Aug 2_2022_Staff report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council July 27, 2022
Re: 9.2(c)--Approve Agreements & Authorize Resolutions for North Block Development Page 4 must be executed to infuse the REU RUUCD funds into the City’s budget to reimburse the developer for its REU-related expenditures for the Block 7 infrastructure projects.
Section 108
In September 2019, as part of the North Block DA approval, staff was authorized to apply for a Section 108 Program Loan in the amount of $3,500,000. The Section 108 Program provides CDBG recipients with the ability to leverage their annual grant allocation to access low-cost flexible financing for economic development, housing, public facility, and infrastructure projects. 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.
In early 2022, the Section 108 Loan Application was submitted to HUD and underwent an initial underwriting review. As proposed in the Section 108 Loan Application, $2,800,000 would be utilized to fund Block 7 infrastructure costs associated with California Street, California Alleyway, and both Butte and Yuba Streets. The remaining $700,000 would be allocated toward a Façade Program to assist Downtown businesses with façade improvements. The Façade Program policy will be brought back to Council for consideration following HUDs approval of the Section 108 Loan.
Through HUDs review process, it was determined that the utilization of future CDBG allocations to repay the loan was acceptable but HUD also recommended utilizing General Fund revenue as additional collateral for the loan. The pledging of these funds is not an obligation that would require any set aside into a separate account. HUD only wishes to be assured that there is sufficient revenue held by the City to cover CDBG Section 108 loan payments should the CDBG revenue stream cease to exist. The value of General Fund collateral would equal the value of loan payments for one year with a replenishment provision (or $186,850). HUD is the guarantor of the loan.
The total Section 108 Loan amount, including loan costs, is estimated to be $3,737,000 with an estimated annual principal payment $186,850 for a 20-year term. Interim borrowed funds will require quarterly interest payments. The interim interest rate is calculated based on the Treasury’s three-month auction rate plus 35 basis points or, presently, an estimated 2.91 percent.
Once the loan is converted to permanent financing, the rate would be based on the 10-year Treasury rate plus 55 basis points. Each time funds are drawn from the line of credit, there is a two-percent fee plus a $70 charge per transaction.
As part of the Section 108 Loan application process, the Council must review and approve the amended application and the associated Resolution. If the Section 108 Loan is approved by Council, staff will send both the updated Section 108 Loan Application (July 2022 version) and Resolution to HUD. HUD will review the documents, send them to its loan committee to confirm the funding commitment and interest rate calculations. Once approved, HUD will forward the Section 108 Loan Agreement back to the City for City Manager signature.
Council Priority/City Manager Goals
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Packet Pg. 181 Attachment: Aug 2_2022_Staff report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects) Report to Redding City Council July 27, 2022
Re: 9.2(c)--Approve Agreements & Authorize Resolutions for North Block Development Page 5 Attachments
^Resolution - CCLG program funds
^Resolution - Clean California Grant Program
^Resolution - REU Fund Appropriation
^Resolution - CDBG Section 108
108 Application July 2022
Clean California Local Grant Program (State) Agreement
Second Amendment to Block 7 North Block Development Agreement Park and Recreation Facilities Impact Fee Reimbursement Agreement Previous Staff Report - June 7, 2022, item no. 4.2(b)-Shasta College Park Dedication and Easement (Downtown)
Previous Staff Report- September 30, 2019, item no. 9.4(c)-Block 7 and North Block DA Parking and Affordable Housing
Packet Pg. 182 Attachment: Aug 2_2022_Staff report (4.6(c)--Approve Funding Changes for South City Park and Block 7 Projects)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Approve use of up to $500,000 for additional City of Redding Aquatic Center (RAC) Improvement Projects; and
(2) Find that the funding for the RAC Improvement Projects are categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (d) – Existing Facilities.
Fiscal Impact
The Redding Aquatic Center (RAC) Improvement Projects line item in the amount of $2.7 million was allocated in Fiscal Years 2020-21 and 2021-22 to re-plaster both pools, rebuild the three-story slide, and replace the play structure and diving boards. Of that amount, approximately $789,819 of unencumbered funds is available to fund necessary improvements to the RAC buildings. Staff requests up to $500,000 of the aforementioned unencumbered funds to continue RAC Improvement Projects. The remainder of the funds will be returned to the General Fund.
Alternative Action
The City Council (Council) could decline the use of RAC Improvement Project unencumbered funds for additional RAC improvements, and provide staff with alternate direction.
Background/Analysis
The original Redding Municipal Pool, commonly referred to as “The Plunge,” was replaced in 2002 and reopened as the RAC in the spring of 2003. The facility features a 50-meter by 25-yard competition-grade pool and a zero-depth entry recreation pool (activity pool) complemented by a water-play structure and a 160-foot water slide. The change house is the original building from 1947. It needs a major renovation to serve the thousands of swimmers and guests who visit the RAC. A bank of restrooms was added when the complex was rebuilt in 2003. These facilities are now in need of renovation with more vandal-resistant fixtures and new doors and hardware.
MEETING DATE: November 1, 2022
ITEM NO. 4.6(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(d)--Redding Aquatic Center Improvements Project Kim Niemer, Community
Services Director
Packet Pg. 183
Report to Redding City Council October 25, 2022
Re: 4.6(d)--Redding Aquatic Center Improvements Project Page 2 On November 2, 2021, the Council approved funds and awarded a contract for the Redding Aquatic Center 50 Meter Pool Improvements Project to install new plaster, tile, activity pool water slide, and complete water slide refurbishment.
The work approved is almost complete. New plaster and tile have been installed in both pools; and the activity pool play structure has been installed. The 50m pool diving boards and water slide will be completed shortly.
The remaining funds will be used to renovate the locker rooms, install new flooring throughout the change house, replace the roof, renovate exterior restrooms, replace chemical storage doors, upgrade HVAC units, paint, and for other items identified as needing repairs or replacement through the course of construction. Improvements made now ahead of the swim season will provide a facility that will be safer and more welcoming to our residents and visitors.
Environmental Review
For purposes of the California Environmental Quality Act (CEQA), the projects are properly characterized as a repair and maintenance of an existing facility within the meaning of 14 CCR 15301. The projects will not result in an expansion of the existing or former use of the Redding Aquatic Center. Additionally, there is no possibility that the projects will have a significant effect on the environment. The projects are contained within the existing footprint of the Redding Aquatic Center and cannot represent a significant impact to any environmental attribute (i.e., air quality).
Council Priority/City Manager Goals
• Government of the 21
st 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.”
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
Attachments
^Redding Aquatic Center Facility Photos
Packet Pg. 184
REDDING AQUATIC CENTER
(RAC)
FACILITY PHOTOS
NOVEMBER 1, 2022
CITY COUNCIL
Packet Pg. 185 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project)
1. Staff Area - this area is used by the RAC staff.
Hence, during pool season the carpet is wet on a
daily basis. Staff is researching alternative materials to replace carpet.
2. Locker Rooms - - There’s corrosion and dents on the
doors and unresolved plumbing
issues.
Packet Pg. 186 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project)
3. Facility Bathroom
Packet Pg. 187 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project) Facility Bathroom Continued
Packet Pg. 188 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project) Facility Bathroom Continued
Packet Pg. 189 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project)
4. Chemical Room
Packet Pg. 190 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project)
4.Miscellaneous
Packet Pg. 191 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project) OUTDOOR BATHROOMS – These bathrooms are not
located in the fenced facility. These bathrooms are used by park patrons.
Packet Pg. 192 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project) Packet Pg. 193 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project) Packet Pg. 194 Attachment: ^Redding Aquatic Center Facility Photos (4.6(d)--Redding Aquatic Center Improvements Project)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following regarding City Council Policy No. 408 (Investment Policy):
(1) Approve the Investment Advisory Committee’s recommended changes for implementation of best practices recommended by the Government Finance Officers Association, primarily expanding subheading titles to provide better clarity for readers of the policy; and
(2) Adopt Resolution amending City Council Policy No. 408 relating to the City of Redding’s investment guidelines.
Fiscal Impact
There is no fiscal impact to adopting the resolution.
Alternative Action
The City Council (Council) could choose to not adopt the resolution with the recommended changes to Investment Policy 408 (Policy) by the Investment Advisory Committee (Committee) and provide direction to staff.
Background/Analysis
Attached is City Council Policy 408 delineating the recommended changes from the Investment Advisory Committee that met on July 28, 2022. The Policy is reviewed annually by the Committee. This year the review focused on the implementation of best practices recommended by the Government Finance Officers Association. The changes recommended are primarily expanding subheading titles to provide better clarity for readers of the policy.
MEETING DATE: November 1, 2022
ITEM NO. 4.7(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.7(a)--Adopt Resolution Amending Council Policy No. 408 - Investment Policy Allyn Feci Clark, Director of
Finance/City Treasurer
Packet Pg. 195
Report to Redding City Council October 24, 2022
Re: 4.7(a)--Council Policy No. 408 Investment Advisory Policy Update Page 2 The Investment Advisory Committee is a committee administered by the City Treasurer. The members of the committee include Allyn Clark, Chair, Glenn Rank, Nolda Short, Sheri DeMaagd, and Gregory Robinett. The Treasurer appreciates the participation of all members of the Committee and especially the two members from outside the City who provide additional financial experience and perspective to the group.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• This is a routine operational item.
Attachments
^Resolution
^Redlined Investment Policy No. 408
Packet Pg. 196
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING COUNCIL POLICY NO. 408 ENTITLED INVESTMENT
POLICY
WHEREAS, on April 2, 1991, the City Council adopted Council Policy No. 408 to provide guidelines for the prudent investment of the City’s idle funds, which policy has been amended from time-to-time; and
WHEREAS, the City Council wishes to further amend its Council Policy No. 408 relating to investments, as recommended by the City Treasurer and the Investment Advisory Committee; NOW, THEREFORE, IT IS RESOLVED by the City Council that Council Policy No. 408 relating to investments be amended as set forth in the attached update and made a part hereof by this reference.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 1st day of November, 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. 197 Attachment: ^Resolution (4.7(a)--Council Policy No. 408 Investment Advisory Policy Update)
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION
NUMBER
POLICY
NUMBER
EFFECTIVE
DATE PAGE
INVESTMENT POLICY 91-148 408 04/02/1991 1
BACKGROUND
The Treasurer or Chief Fiscal Officer shall annually render to the legislative body of the local agency and any oversight committee a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting. Any changes in the policy shall also be considered by the legislative body of the local agency at a public meeting. Government Code §53646(a).
It is in the best interest of the City to have the Treasurer’s Investment Policy adopted by resolution in order to have consistent guidelines for reporting and updating procedures relating to the investment of City funds.
PURPOSE
The City Treasurer, who has been given the authority by Council to invest and reinvest City funds, should have clear guidelines in place for reporting this activity to Council.
Therefore, the Investment Policy is designed to provide guidelines for the prudent investment of the City’s idle funds and reporting of the same. Reviewing, amending or updating of this policy shall be conducted no less than once a year.
POLICYROLES, RESPONSIBILITES, AND STANDARD OF CARE
The City Treasurer has the fiduciary responsibility to maximize the productive use of assets entrusted to his/her care and to invest and manage those funds with reasonable care, skill, and caution.
Therefore, the City must operate its idle cash investment pool under the “prudent investor standard” set forth in California Probate Code §16047. This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code §53600 et seq.).
The City recognizes that it has an obligation to be aware of the possible social and political impacts of its investments and will act responsibly if issues of this nature arise.
Priority will be given to investments that promote community economic development (i.e., dealing with local financial institutions, etc.) provided that the investment selection criteria is met and yield is not significantly impacted. The City Treasurer shall strive, whenever possible, to make investments that benefit the local area.
The City Treasurer shall strive to maintain the level of investment of all idle funds as near 100% as possible. Concurrently, the City Treasurer shall layer investment maturities to meet anticipated cash needs and attempt to maximize investment yields while satisfying the guidelines herein presented.
Packet Pg. 198 Attachment: ^Redlined Investment Policy No. 408 (4.7(a)--Council Policy No. 408 Investment Advisory Policy Update)
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION
NUMBER
POLICY
NUMBER
EFFECTIVE
DATE PAGE
INVESTMENT POLICY 91-148 408 04/02/1991 2
ADMINISTRATION/RESPONSIBILITY
The City Treasurer or designee is responsible for idle cash management. Investments shall be made by the individual so directed by the Treasurer. Cash flow projections shall be provided by the Finance Division. Each investment must be authorized by the Treasurer or Deputy Treasurerdesignee in Treasurer’s absence. The Director of Finance or designee shall review each investment transmittal to determine if it complies with the allowable investments section of the City Investment Policy and for the purpose of financial tracking.
In addition to the City of Redding, Redding Area Bus Authority Bylaws identify the City Treasurer as the designated “Treasurer”. Investment of these entity idle funds are directed and administered by the City Treasurer.
The Director of Finance designated as “Treasurer” by resolution for select Entities, is responsible for cash management of the Successor Agency to the Redding Redevelopment Agency and the Housing Authority. Investment of entity idle funds are directed by the Director of Finance and administered by the City Treasurer.
Trustee accounts, as well as being governed by the Government Code, shall have guidelines included in their contracts as to the strength of financial institutions in which the Trustee may choose to invest City funds. As designated in the long-term debt resolutions, the Director of Finance or designee shall establish guidelines for Trustee contracts. The Director of Finance shall monitor the monthly accounts, and the account balances shall be reported monthly by the City Treasurer to the City Council as part of the Treasurer’s Report.
The City Treasurer shall hold an Investment Policy Advisory Committee meeting once a year, or as needed, for the purpose of reviewing and updating this Policy. The Investment Advisory Committee is comprised of a minimum of five persons, identified as follows: the City Treasurer; two members from the following eligible positions: City Manager, Assistant City Manager, Deputy City Manager, or the Director of Finance or designee; plus two community members representing the finance industry.
ALLOWABLE INVESTMENTSSUITABLE AND AUTHORIZED INVESTMENTS The City complies with Government Code §53600 et seq., which is incorporated herein by this reference.
Packet Pg. 199 Attachment: ^Redlined Investment Policy No. 408 (4.7(a)--Council Policy No. 408 Investment Advisory Policy Update)
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION
NUMBER
POLICY
NUMBER
EFFECTIVE
DATE PAGE
INVESTMENT POLICY 91-148 408 04/02/1991 3
CRITERIA FOR SELECTING INVESTMENTS IN PRIORITY ORDERTHE PRIMARY
OBJECTIVES OF INVESTMENT ACTIVITY IN PRIORITY ORDER
1. Safety - The safety and risk associated with an investment refers to the potential loss of principal and/or interest. There are basically two types of risk in cash investment. The first, credit risk, refers to the financial strength of the entity that is obligated to repay the investment.
The second, principal protection, refers to the potential loss of principal due to market fluctuations or due to an early liquidation of the investment. In order for the City to fulfill its public fiduciary responsibility in regard to the funds entrusted to it, the City must invest in only those securities which present no substantial threat to principal
2. Liquidity - This is the marketability of an investment or the ease with which it can be converted to cash. Generally, the more liquid or marketable the security, the lower the yield. The importance of this factor in investment selection is dependent upon the possibility of the circumstances arising that would necessitate the investment being converted to cash before maturity.
Funds must be available in varying amounts to meet the City’s daily cash needs. The City, therefore, shall structure its investments in such a manner as to provide for its daily cash needs while, at the same time, participating in longer term1higher yield instruments with cash that is not currently restricted from expenditure or for which there is not an immediate need.
3. Yield - The yield is the earnings an investment provides. It is usually expressed as an annual rate of return (the percentage annual earnings are of the invested principal). Since obtaining investment earnings is the motivation for investing, yield is a significant factor in all investment transactions; however, yield shall become a consideration only after all other investment criteria is satisfied. Whenever possible, interest is to be paid to the City Treasurer monthly.
4. LAIF - When a City LAIF account has reached the maximum deposit and/or to accommodate transfer needs, the City Treasurer, may at his/her discretion, transfer City funds into an Entity LAIF account2. In this case, the Treasurer will keep a separate set of books for City and Entity investments and will allocate the interest earnings proportionately.
1 Government Code §53601 restricts the term remaining to maturity for any investment to five (5) years. 2 The term “Entity” refers to those public agencies (i.e., Redding Area Bus Authority, Successor Agency to the Redding Redevelopment Agency, and Redding Housing Authority) related to the City of Redding but separate by law, whose bank accounts and investments the City Treasurer reconciles and reports monthly in the Treasurer’s Report provided to City Council. The “Treasurer” of each Entity (see Administration/Responsibility) is responsible for the investment of these Entities’ idle cash, in accordance with their respective investment policies.
Packet Pg. 200 Attachment: ^Redlined Investment Policy No. 408 (4.7(a)--Council Policy No. 408 Investment Advisory Policy Update)
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION
NUMBER
POLICY
NUMBER
EFFECTIVE
DATE PAGE
INVESTMENT POLICY 91-148 408 04/02/1991 4
INVESTMENT LIMITATIONS
Security purchases and holdings shall be maintained within the statutory limits imposed by California Government Code §53600 et seq. In addition, the following restrictions are imposed:
a) Investment securities shall not be purchased by means of leverage; and b) If any investment in commercial paper, as defined by California Government Code §53601(h), downgrades below A2 by Moody’s Investors Service, Inc., A by Standard & Poor’s Corporation or A by Fitch, such commercial paper investment shall be sold within a reasonable amount of time to minimize the possible loss of principal.
COLLATERAL REQUIREMENTS
Pursuant to Government Code §53652, collateral requirements to secure the City of Redding’s active or inactive deposits are as follows:
a) 110% if backed by those eligible securities described by Government Code §53651, excluding those securities set forth in Government Code §53651(m) and §53651(p); b) 150% if backed by those eligible securities described by Government Code §53651(m); and
c) 105% if backed by those eligible securities described by Government Code §53651(p); Pursuant to Government Code §53653, the City of Redding may waive security for that portion of any deposit that is insured pursuant to federal law.
WITH WHOM TO TRANSACT
The City Treasurer or designee shall make investment transactions only with financial institutions, national firms, or security dealers that are reputable and that exhibit financial stability. In addition, the security dealers must be able to meet the requirements for classification as primary dealers with the New York Federal Reserve Bank or currently licensed by the State of California. The Request For Information (“RFI”) shall be utilized as a significant factor in the selection and periodic review of the institutions and/or individuals utilized for investment transactions.
COMPETITIVE OFFERS
The City Treasurer or designee shall obtain at least three (3) offers from investment officers or broker/dealers including the potential yield for each security the City intends to purchase. Each investment officer or broker/dealer shall have on file a current RFI.
INVESTMENT DIVERSIFICATION
The portfolio shall contain a variety of security types, issuers, and maturities.
Packet Pg. 201 Attachment: ^Redlined Investment Policy No. 408 (4.7(a)--Council Policy No. 408 Investment Advisory Policy Update)
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION
NUMBER
POLICY
NUMBER
EFFECTIVE
DATE PAGE
INVESTMENT POLICY 91-148 408 04/02/1991 5
SAFEKEEPING, CUSTODY, AND INTERNAL CONTROLS
Investment securities purchased by the City shall be held in the name of the City of Redding, delivered to the City, or delivered to the City’s Trust and Custody Officer with offices within the State of California. Investment purchases shall be delivery versus payment.
SELLING SECURITIES PRIOR TO MATURITYRISK AND PERFORMANCE STANDARDS Losses may be acceptable on a sale and should be taken if the reinvested proceeds will generate earnings (net of the resultant capital loss or early withdrawal penalty) that are greater than the earnings that would be generated if the existing investment were held to maturity. Further, securities may be sold at a loss prior to maturity for liquidity needs.
Gains are acceptable on a sale prior to maturity of the investment and may be taken if the reinvested proceeds and capital gains will generate earnings that are greater than the loss of opportunity should the investment be held to maturity. Further, securities may be sold at a gain prior to maturity for liquidity needs.
REPORTING AND DISCLOSURE STANDARDS
The City Treasurer shall provide a monthly report to the City Council and the City Manager. This report shall show how investments have been made and whether the investments are in conformance with the Investment Policy. The monthly report shall include information which demonstrates that the City’s expenditure requirements can be met in the following six (6) months and shall provide the investment information required by Government Code §53646.
DEBT PROCEEDS 3
Notwithstanding any other provisions to the contrary, the proceeds from a debt issuance shall be invested in “permitted investments” as defined by the trust agreement associated with the debt issue (which may include investment in the State Pool, Local Agency Investment Fund or LAIF), provided that those permitted investments have a rating of no less than A- by Standard & Poor’s Corporation or A3 by Moody’s Investors Service. The investment of proceeds from a debt issuance shall also be in compliance with the requirements imposed by rating agencies, bond insurers, and federal and state law.
3 Debt proceeds section added by Resolution No. 91-230 effective June 13, 1991.
Packet Pg. 202 Attachment: ^Redlined Investment Policy No. 408 (4.7(a)--Council Policy No. 408 Investment Advisory Policy Update)
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION
NUMBER
POLICY
NUMBER
EFFECTIVE
DATE PAGE
INVESTMENT POLICY 91-148 408 04/02/1991 6
The Investment Policy lists the criteria to be utilized for the selection of investments and priority considerations. For purposes of this section, the term “Treasurer” is that individual defined in the bond documents and amendments of the debt issue. The Treasurer is subject to the applicable provisions of any indenture, trust agreement, or resolution providing for a trustee or other fiscal agent. The individual designated as “Treasurer” by the bond documents or amendments of the debt issue shall have custody of all the money of the issuing authority from whatever source and, if the issuing authority is operated pursuant to a Joint Powers Agreement, then that person shall have the powers, duties, and responsibilities specified by Government Code §6505.5.
1. Due Diligence – It shall be the responsibility of the Treasurer to structure and monitor the bond proceeds investment process and to verify that fees paid to brokers are reasonable and commensurate with the work performed. The Treasurer shall consult with bond counsel and financial advisors, when applicable, during the development of the bond issue documents and shall be responsible for determining whether the proceeds shall be actively or passively invested as a result of Federal regulations that may govern the issue.
2. Conflicts of Interest – Underwriters and financial advisors may not receive compensation, finder’s fees, honoraria or gifts from parties involved in investment transactions. Subject to any restrictions imposed by Federal regulations, the bond underwriter or advisor may bid for investment funds in an openly competitive bidding, but not as sole source broker or intermediary. If a financial advisor or underwriter also acts in an investment capacity, the firm shall certify that its fees (a) do not exceed the fees it customarily charges for investment activity and (b) include no compensation for services provided in the underwriting.
3. Avoidance of Abuses – The City will refrain from abusive practices in the investment of bond proceeds and will obtain market price instruments. For bond issues to which Federal yield or regulatory restrictions apply, the primary objective shall be to prudently obtain satisfactory market yields and to minimize the costs associated with investment of such funds. The Treasurer shall obtain full disclosure of brokerage and other fees associated with investment of bond proceeds and shall require written disclosure of any payments made by investment firms or brokers to third parties associated with the City in the issuance of its bonds.
4. Arbitrage Record Keeping – The Treasurer shall establish systems and procedures to comply with Federal regulations governing the investment of bond proceeds, including investment record keeping system
Packet Pg. 203 Attachment: ^Redlined Investment Policy No. 408 (4.7(a)--Council Policy No. 408 Investment Advisory Policy Update)
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION
NUMBER
POLICY
NUMBER
EFFECTIVE
DATE PAGE
INVESTMENT POLICY 91-148 408 04/02/1991 7
Amended June 13, 1991, by Resolution No. 91-230
Amended April 7, 1992, by Resolution No. 92-143
Amended March 16, 1993, by Resolution No. 93-085
Amended April 5, 1994, by Resolution No. 94-080
Amended April 18, 1995, by Resolution No. 95-102
Amended February 4, 1997, by Resolution No. 97-019
Amended December 1, 1998, by Resolution No. 98-170
Amended February 15, 2000, by Resolution No. 2000-37
Amended February 19, 2002, by Resolution No. 2002-32
Amended February 18, 2003, by Resolution No. 2003-21
Amended February 17, 2004, by Resolution No. 2004-23
Amended March 15, 2005, by Resolution No. 2005-34
Amended February 21, 2006, by Resolution No. 2006-21
Amended September 5, 2006, by Resolution No. 2006-168
Amended September 4, 2007, by Resolution No. 2007-186
Amended November 18, 2008, by Resolution No. 2008-179
Reviewed July 28, 2011 and October 27, 2011
Amended November 15, 2011 by Resolution No. 2011-192
Amended May 21, 2013 by Resolution 2013-49
Reviewed July 31, 2014
Reviewed July 30, 2015
Reviewed August 11, 2016
Reviewed August 3, 2017
Reviewed July 26, 2018
Reviewed July 25, 2019
Reviewed July 30,2020
Reviewed July 29,2021
Reviewed July 28,2022
Packet Pg. 204 Attachment: ^Redlined Investment Policy No. 408 (4.7(a)--Council Policy No. 408 Investment Advisory Policy Update)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following related to the purchase of one 2023 Autocar ACX64 Hook Lift truck for the City of Redding Solid Waste Utility (Utility):
(1) Authorize the purchase using Sourcewell contract pricing, with a net delivered cost of $336,500.99 including all applicable taxes and fees; and (2) Authorize the City Manager to approve future pricing adjustments, terms, and policy changes as needed due to inflation and unstable economic conditions up to a total of $30,000.
Fiscal Impact
For Fiscal Year 2021-22, the Solid Waste Utility (Utility) budgeted $247,550 for the purchase of a Hook Lift Truck. Due to significant manufacturing price increases, the net delivered cost of $336,500.99 requires an additional $88,950.99 from the Rolling Stock Fund. The Rolling Stock Fund contains sufficient funds to facilitate this purchase and other planned purchases through the fiscal year. Staff is working on updating current pricing on the Rolling Stock Plan to account for these rapid increases.
Alternative Action
The City Council may choose not to authorize the purchase using Sourcewell contract pricing, and direct staff to use the competitive bid process, which would delay the acquisition of the additional truck.
MEETING DATE: November 1, 2022
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(a)--Purchase of one ACX 64 Autocar Hook Lift Truck using Sourcewell Contract Pricing
Chuck Aukland, Public
Works Director
Packet Pg. 205
Report to Redding City Council October 25, 2022
Re: 4.11(a)--Purchase of One Autocar ACX64 Hook Lift Truck Using Sourcewell Contract Pricing Page 2
Background/Analysis
The Utility performs a wide variety of services and duties utilizing several different truck types.
A Hook Lift Truck is a unique truck because of its versatility. The design of the truck allows the ability to mount different bodies for multiple jobs including drop boxes for refuse/recycling, rear load commercial collection, organics collection, a dump bed for compost/processed organics, and a flatbed for hauling large items. The Utility currently does not have a Hook Lift Truck.
After staff evaluation, the addition of a Hook Lift Truck was deemed beneficial for its versatility at the City of Redding’s Transfer and Recycling Facility (Transfer Station) and on route for commercial collections. The available bodies for purchase and those of interest to the Utility are drop boxes, an organics body that will serve as backup to the frontline unit on order, a rear load body instead of purchasing a new rear load truck, which is planned for Fiscal 2023-24, and the possible purchase of a flat bed and dump bed body for uses around the Transfer Station. The purchase of this truck will provide a unit that can be used as a backup to several other types of trucks in the Utility, therefore reducing the number of trucks needed for back up units.
The Sourcewell contract was competitively bid. In addition to being an industry standard, using the Sourcewell contract to purchase equipment saves significant staff time needed to prepare bid specifications and solicit individual quotations from vendors. The City of Redding also receives a significant price discount due to economies of scale realized through the volume of purchases on a multi-agency cooperative contract.
Environmental Review
This action is not a project as defined under the California Environmental Quality Act (CEQA), and no further action is required.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
^Quote
Packet Pg. 206
Packet Pg. 207 Attachment: ^Quote (4.11(a)--Purchase of One Autocar ACX64 Hook Lift Truck Using Sourcewell Contract Pricing)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution revising the Redding Independent Employees’ Organization – Clerical, Technical, and Professional Exempt Employee Schedule of Classification and Salary Ranges (Exhibit “B-2”) and the Redding Peace Officers’ Association Schedule of Classifications and Hourly Wage Rates (Exhibit “A-4”) to correct clerical errors.
Fiscal Impact
There is no new fiscal impact with the approval of this report.
Alternative Action
The City Council (Council) could decline to adopt the resolution and provide further direction.
Background
The purpose of this resolution is to revise the salary schedules for both Redding Independent Employees’ Organization – Clerical, Technical, Professional Unit (RIEO) and Redding Peace Officers Association (RPOA) to address typographical errors.
At the City Council meeting on July 19, 2022, the Council adopted Resolution 2022-075 amending the Memorandum of Understanding with RIEO. The details of the wage adjustments to occur during the term of the agreement were memorialized in the salary schedule exhibits found within the MOU, Exhibits B-2 and B-3. Staff discovered that the classifications of Accountant II and Management Analyst II had typographical errors in the dollar amounts for Steps 1 – 7, and are recommending revisions to the salary schedules to the correct wage amounts.
MEETING DATE: November 1, 2022
ITEM NO. 4.15(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.15(a)--Consider Resolution revising the Redding Independent Employees’ Organization – Clerical, Technical, and Professional Exempt Employee Schedule of Classification and Salary Ranges and the Redding Peace Officers’ Association Schedule of Classifications and Hourly Wage Rates to correct clerical errors.
Sheri DeMaagd, Assistant
City Manager
Packet Pg. 208
Report to Redding City Council October 24, 2022
Re: 4.15(a)--Amendments to RIEO CTP Exempt and RPOA Salary Schedules Page 2 Accountant II and Management Analyst II (effective July 24, 2022) Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $5681 $5965 $6264 $6577 $6906 $7251 $7614 $7994
Accountant II and Management Analyst II (to be effective July 23, 2023) Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $5681 $5965 $6264 $6577 $6906 $7251 $7614 $8394
Revised
$5965 $6264 $6577 $6906 $7251 $7614 $7994 $8394
Accountant II and Management Analyst II (to be effective July 21, 2024) Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $5681 $5965 $6264 $6577 $6906 $7251 $7614 $8814
Revised
$6264 $6577 $6906 $7251 $7614 $7994 $8394 $8814
Further, on July 19, 2022, the Council adopted Resolution 2022- 071 amending Redding Peace Officers Association (RPOA) Schedule of Classifications and Hourly Wage Rates Exhibit A-3 and A-4 to recognize the new classification of Park Ranger. The beginning wage for Park Ranger, Step 3, was inadvertently not included on Exhibit A-4.
Park Ranger (to be effective September 4, 2022)
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $44.69 $46.93 $49.27 $51.74 $54.32 $57.04
Revised
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $42.56 $44.69 $46.93 $49.27 $51.74 $54.32 $57.04
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Packet Pg. 209
Report to Redding City Council October 24, 2022
Re: 4.15(a)--Amendments to RIEO CTP Exempt and RPOA Salary Schedules Page 3 Attachments
^Resolution
RIEO CTP Exempt-July 23 2023 adopted 7 19 22
RIEO CTP Exempt-July 21 2024 adopted 7 19 22
RPOA-July 24 2022
RPOA-September 4 2022 revised 11.1.22
RIEO CTP Exempt-July 21, 2024 revised 11.1.22
RIEO CTP Exempt-July 23, 2023 revised 11.1.22
RPOA-September 4, 2022 adopted 7 19 22
Packet Pg. 210
RESOLUTION NO. 2022-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING REVISING THE REDDING INDEPENDENT EMPLOYEES’ ORGANIZATION –
CLERICAL, TECHNICAL AND PROFESSIONAL EXEMPT EMPLOYEE
SCHEDULE OF CLASSIFICATIONS AND SALARY RANGES, AND REDDING
POLICE OFFICER ASSOCIATION SCHEDULE OF CLASSIFICATIONS AND HOURLY WAGE RATES TO CORRECT CLERICAL ERRORS.
WHEREAS, staff has recommended that the Redding Independent Employees’ Organization – Clerical, Technical and Professional Exempt Employee Schedule of Classifications and Salary Ranges, and Redding Police Officer Association Schedule of Classifications and Hourly Wage Rates be amended as set forth in the attached Exhibits “B-2” and “B-3”, and “A-3” to correct clerical errors; and WHEREAS, the governing body of the City of Redding deems it to be in the best interest of the City to adopt such recommendations; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding that the Redding Independent Employees Organization – Clerical, Technical and Professional Exempt Employee Schedule of Classifications and Salary Ranges, and the Redding Police Officer Association Schedule of Classifications and Hourly Wage Rates be amended as set forth the attached Exhibits “B2” and “B-3”, and “A-3” to correct clerical errors.
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 first day November, 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. 211 Attachment: ^Resolution (4.15(a)--Amendments to RIEO CTP Exempt and RPOA Salary Schedules)
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Packet Pg. 214 Attachment: RPOA-July 24 2022 (4.15(a)--Amendments to RIEO CTP Exempt and RPOA Salary Schedules)
PEACE OFFICERS ASSOCIATION OF REDDING
EXHIBIT "A-4"
Effective: September 4, 2022
Step 9
Step - Hourly Pay Rate Monthly
J/C Classification 1 2 3 4 5 6 7 8 9 Equivalent
659 Canine Officer** $18.80
680 Police Recruit $31.39
660 Police Officer $36.77 $38.61 $40.54 $42.57 $44.69 $46.93 $49.28 $51.74 $54.33 $9,416 670 Park Ranger $42.56 $44.69 $46.93 $49.27 $51.74 $54.32 $57.04 $9,887 626 Crisis Intervention Response Team Officer* $57.09 $9,895 625 Police Detective* $57.09 $9,895
628 School Resource Officer* $49.32 $51.78 $54.37 $57.09 $9,895 629 Police Corporal $58.37 $10,118
* Positions subject to temporary upgrade or temporary reclassification only, and appointments or assignments may be terminated.
** Classification for canine care and maintenance only.
For those assignments of ARMOR, SWAT, Certified Instructors, and ID Technicians, a specialty pay of five percent (5%) over base pay will be paid but shall be limited to such time as they are performing that specific function.
Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.
Packet Pg. 215 Attachment: RPOA-September 4 2022 revised 11.1.22 (4.15(a)--Amendments to RIEO CTP Exempt and RPOA Salary Schedules) Classification 1 2 3 4 5 6 7 8
118 Associate Civil Engineer $7,617 $7,998 $8,398 $8,817 $9,258 $9,721 $10,207 $10,718 240 Senior Project Coordinator - Housing $7,592 $7,971 $8,370 $8,788 $9,228 $9,689 $10,174 $10,682 243 Senior Project Coordinator - Information Technology $7,592 $7,971 $8,370 $8,788 $9,228 $9,689 $10,174 $10,682 146 Senior Project Coordinator - Community Services $7,592 $7,971 $8,370 $8,788 $9,228 $9,689 $10,174 $10,682 119 Senior Planner $7,360 $7,728 $8,114 $8,520 $8,946 $9,393 $9,862 $10,356 218 Senior Transportation Planner $7,288 $7,653 $8,035 $8,437 $8,859 $9,302 $9,767 $10,255 139 Senior GIS Analyst $7,146 $7,503 $7,878 $8,272 $8,686 $9,120 $9,576 $10,055 223 Plan Check Engineer $7,079 $7,433 $7,805 $8,195 $8,605 $9,035 $9,487 $9,961 225 Senior Survey Party Chief $7,024 $7,375 $7,744 $8,131 $8,538 $8,964 $9,413 $9,883 132 Traffic Engineer/Planner $6,977 $7,326 $7,693 $8,077 $8,481 $8,905 $9,350 $9,818 174 Systems Analyst/Programmer III $6,944 $7,291 $7,656 $8,039 $8,440 $8,863 $9,306 $9,771 158 Associate Project Coordinator - Community Services $6,899 $7,244 $7,606 $7,986 $8,385 $8,805 $9,245 $9,707 227 Associate Project Coordinator - Housing $6,899 $7,244 $7,606 $7,986 $8,385 $8,805 $9,245 $9,707 230 Associate Project Coordinator - Information Technology $6,899 $7,244 $7,606 $7,986 $8,385 $8,805 $9,245 $9,707 140 Associate Environmental Specialist $6,834 $7,176 $7,535 $7,912 $8,307 $8,723 $9,159 $9,617 141 Associate Planner $6,625 $6,957 $7,304 $7,670 $8,053 $8,456 $8,879 $9,322 178 Transportation Planner $6,625 $6,957 $7,304 $7,670 $8,053 $8,456 $8,879 $9,322 148 Senior Fire Protection Plans Examiner $6,437 $6,759 $7,097 $7,452 $7,824 $8,216 $8,626 $9,058 162 Senior Plan Checker $6,437 $6,759 $7,097 $7,452 $7,824 $8,216 $8,626 $9,058 233 Survey Party Chief $6,385 $6,704 $7,040 $7,392 $7,761 $8,149 $8,557 $8,985 167 Safety Specialist $6,378 $6,697 $7,031 $7,383 $7,752 $8,140 $8,547 $8,974 163 Assistant Engineer $6,360 $6,677 $7,011 $7,362 $7,730 $8,117 $8,522 $8,948 229 Systems Analyst/Programmer II $6,298 $6,613 $6,944 $7,291 $7,655 $8,038 $8,440 $8,862 154 Accountant II $6,264 $6,577 $6,906 $7,251 $7,614 $7,994 $8,394 $8,814 232 Management Analyst II $6,264 $6,577 $6,906 $7,251 $7,614 $7,994 $8,394 $8,814 207 Senior Marketing Specialist $6,251 $6,563 $6,891 $7,236 $7,598 $7,977 $8,376 $8,795 204 Senior Building Inspector $6,015 $6,316 $6,632 $6,964 $7,312 $7,677 $8,061 $8,464 206 Industrial Waste Analyst Grade III $5,955 $6,252 $6,565 $6,893 $7,238 $7,600 $7,980 $8,379 205 Industrial Waste Analyst Grade II $5,809 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 $8,174 234 Plans Examiner $5,777 $6,066 $6,370 $6,688 $7,023 $7,374 $7,742 $8,129 228 Systems Analyst/Programmer I $5,712 $5,998 $6,298 $6,613 $6,944 $7,291 $7,655 $8,038 219 Assistant Project Coordinator - Housing $5,511 $5,786 $6,075 $6,379 $6,698 $7,033 $7,385 $7,754 226 Assistant Project Coordinator - Information Technology $5,511 $5,786 $6,075 $6,379 $6,698 $7,033 $7,385 $7,754 159 Assistant Project Coordinator - Community Services $5,511 $5,786 $6,075 $6,379 $6,698 $7,033 $7,385 $7,754 177 Assistant Planner $5,497 $5,772 $6,061 $6,364 $6,682 $7,016 $7,367 $7,735 239 Senior Buyer $5,491 $5,766 $6,054 $6,357 $6,675 $7,008 $7,359 $7,727 325 Landscape Planning Specialist $5,490 $5,764 $6,052 $6,355 $6,673 $7,006 $7,357 $7,724 199 Accountant I $5,436 $5,707 $5,993 $6,292 $6,607 $6,937 $7,284 $7,649 231 Management Analyst I $5,436 $5,707 $5,993 $6,292 $6,607 $6,937 $7,284 $7,649 198 Communication Marketing Coordinator $5,436 $5,707 $5,993 $6,292 $6,607 $6,937 $7,284 $7,649 238 Buyer $4,904 $5,149 $5,406 $5,676 $5,960 $6,258 $6,571 $6,900 189 Contract Compliance Technician $4,695 $4,929 $5,176 $5,435 $5,706 $5,992 $6,291 $6,606 Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.
Monthly Salary Rates – Salary Steps
REDDING INDEPENDENT EMPLOYEES ORGANIZATION
CLERICAL, TECHNICAL AND PROFESSIONAL UNIT
EXHIBIT "B-3"
EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS AND SALARY RANGES Effective: July 21, 2024
Packet Pg. 216 Attachment: RIEO CTP Exempt-July 21, 2024 revised 11.1.22 (4.15(a)--Amendments to RIEO CTP Exempt and RPOA Salary Schedules) Classification 1 2 3 4 5 6 7 8
118 Associate Civil Engineer $7,254 $7,617 $7,998 $8,398 $8,817 $9,258 $9,721 $10,207 240 Senior Project Coordinator - Housing $7,230 $7,592 $7,971 $8,370 $8,788 $9,228 $9,689 $10,174 243 Senior Project Coordinator - Information Technology $7,230 $7,592 $7,971 $8,370 $8,788 $9,228 $9,689 $10,174 146 Senior Project Coordinator - Community Services $7,230 $7,592 $7,971 $8,370 $8,788 $9,228 $9,689 $10,174 119 Senior Planner $7,009 $7,360 $7,728 $8,114 $8,520 $8,946 $9,393 $9,862 218 Senior Transportation Planner $6,941 $7,288 $7,653 $8,035 $8,437 $8,859 $9,302 $9,767 139 Senior GIS Analyst $6,805 $7,146 $7,503 $7,878 $8,272 $8,686 $9,120 $9,576 223 Plan Check Engineer $6,742 $7,079 $7,433 $7,805 $8,195 $8,605 $9,035 $9,487 225 Senior Survey Party Chief $6,689 $7,024 $7,375 $7,744 $8,131 $8,538 $8,964 $9,413 132 Traffic Engineer/Planner $6,645 $6,977 $7,326 $7,693 $8,077 $8,481 $8,905 $9,350 174 Systems Analyst/Programmer III $6,613 $6,944 $7,291 $7,656 $8,039 $8,440 $8,863 $9,306 158 Associate Project Coordinator - Community Services $6,570 $6,899 $7,244 $7,606 $7,986 $8,385 $8,805 $9,245 227 Associate Project Coordinator - Housing $6,570 $6,899 $7,244 $7,606 $7,986 $8,385 $8,805 $9,245 230 Associate Project Coordinator - Information Technology $6,570 $6,899 $7,244 $7,606 $7,986 $8,385 $8,805 $9,245 140 Associate Environmental Specialist $6,509 $6,834 $7,176 $7,535 $7,912 $8,307 $8,723 $9,159 141 Associate Planner $6,310 $6,625 $6,957 $7,304 $7,670 $8,053 $8,456 $8,879 178 Transportation Planner $6,310 $6,625 $6,957 $7,304 $7,670 $8,053 $8,456 $8,879 148 Senior Fire Protection Plans Examiner $6,131 $6,437 $6,759 $7,097 $7,452 $7,824 $8,216 $8,626 162 Senior Plan Checker $6,131 $6,437 $6,759 $7,097 $7,452 $7,824 $8,216 $8,626 233 Survey Party Chief $6,081 $6,385 $6,704 $7,040 $7,392 $7,761 $8,149 $8,557 167 Safety Specialist $6,074 $6,378 $6,697 $7,031 $7,383 $7,752 $8,140 $8,547 163 Assistant Engineer $6,057 $6,360 $6,677 $7,011 $7,362 $7,730 $8,117 $8,522 229 Systems Analyst/Programmer II $5,998 $6,298 $6,613 $6,944 $7,291 $7,655 $8,038 $8,440 154 Accountant II $5,965 $6,264 $6,577 $6,906 $7,251 $7,614 $7,994 $8,394 232 Management Analyst II $5,965 $6,264 $6,577 $6,906 $7,251 $7,614 $7,994 $8,394 207 Senior Marketing Specialist $5,953 $6,251 $6,563 $6,891 $7,236 $7,598 $7,977 $8,376 204 Senior Building Inspector $5,729 $6,015 $6,316 $6,632 $6,964 $7,312 $7,677 $8,061 206 Industrial Waste Analyst Grade III $5,671 $5,955 $6,252 $6,565 $6,893 $7,238 $7,600 $7,980 205 Industrial Waste Analyst Grade II $5,533 $5,809 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 234 Plans Examiner $5,502 $5,777 $6,066 $6,370 $6,688 $7,023 $7,374 $7,742 228 Systems Analyst/Programmer I $5,440 $5,712 $5,998 $6,298 $6,613 $6,944 $7,291 $7,655 219 Assistant Project Coordinator - Housing $5,248 $5,511 $5,786 $6,075 $6,379 $6,698 $7,033 $7,385 226 Assistant Project Coordinator - Information Technology $5,248 $5,511 $5,786 $6,075 $6,379 $6,698 $7,033 $7,385 159 Assistant Project Coordinator - Community Services $5,248 $5,511 $5,786 $6,075 $6,379 $6,698 $7,033 $7,385 177 Assistant Planner $5,235 $5,497 $5,772 $6,061 $6,364 $6,682 $7,016 $7,367 239 Senior Buyer $5,230 $5,491 $5,766 $6,054 $6,357 $6,675 $7,008 $7,359 325 Landscape Planning Specialist $5,228 $5,490 $5,764 $6,052 $6,355 $6,673 $7,006 $7,357 199 Accountant I $5,177 $5,436 $5,707 $5,993 $6,292 $6,607 $6,937 $7,284 231 Management Analyst I $5,177 $5,436 $5,707 $5,993 $6,292 $6,607 $6,937 $7,284 198 Communication Marketing Coordinator $5,177 $5,436 $5,707 $5,993 $6,292 $6,607 $6,937 $7,284 238 Buyer $4,670 $4,904 $5,149 $5,406 $5,676 $5,960 $6,258 $6,571 189 Contract Compliance Technician $4,471 $4,695 $4,929 $5,176 $5,435 $5,706 $5,992 $6,291 Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.
Monthly Salary Rates – Salary Steps
REDDING INDEPENDENT EMPLOYEES ORGANIZATION
CLERICAL, TECHNICAL AND PROFESSIONAL UNIT
EXHIBIT "B-2"
EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS AND SALARY RANGES Effective: July 23, 2023
Packet Pg. 217 Attachment: RIEO CTP Exempt-July 23, 2023 revised 11.1.22 (4.15(a)--Amendments to RIEO CTP Exempt and RPOA Salary Schedules)
PEACE OFFICERS ASSOCIATION OF REDDING
EXHIBIT "A-4"
Effective: September 4, 2022
Step 9
Step - Hourly Pay Rate Monthly
J/C Classification 1 2 3 4 5 6 7 8 9 Equivalent
659 Canine Officer** $18.80
680 Police Recruit $31.39
660 Police Officer $36.77 $38.61 $40.54 $42.57 $44.69 $46.93 $49.28 $51.74 $54.33 $9,416 670 Park Ranger $44.69 $46.93 $49.27 $51.74 $54.32 $57.04 $9,887 626 Crisis Intervention Response Team Officer* $57.09 $9,895 625 Police Detective* $57.09 $9,895
628 School Resource Officer* $49.32 $51.78 $54.37 $57.09 $9,895 629 Police Corporal $58.37 $10,118
* Positions subject to temporary upgrade or temporary reclassification only, and appointments or assignments may be terminated.
** Classification for canine care and maintenance only.
For those assignments of ARMOR, SWAT, Certified Instructors, and ID Technicians, a specialty pay of five percent (5%) over base pay will be paid but shall be limited to such time as they are performing that specific function.
Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.
Packet Pg. 218 Attachment: RPOA-September 4, 2022 adopted 7 19 22 (4.15(a)--Amendments to RIEO CTP Exempt and RPOA Salary Schedules)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution updating the City of Redding Master Employee Pay Schedule classification titles and pay rates/ranges to comply with the California Public Employees’ Retirement System requirement that all information be consolidated in one master document. The Resolution confirms classification titles and pay rate/range changes that have been approved by the City Council at previous City Council meetings during open session.
Fiscal Impact
There is no fiscal impact as a result of revising the City of Redding (City) Master Employee Pay Schedule. The revisions reflect the City Council’s previous actions.
Alternative Action
The City Council (Council) can choose not to adopt the attached resolution and the City Master Employee Pay Schedule will not be updated.
Background/Analysis
The Council approves all salary schedules which include classification titles and associated pay rates/ranges at the time the Memoranda of Understanding (MOUs) for each bargaining unit and the Employment and Benefit Policies for Unrepresented Employees are approved, or when specific wage and classification title adjustments are necessary. The City posts the approved individual bargaining unit salary schedules on the City website, www.cityofredding.org, and makes copies available in the Personnel Department. Further, the Council previously adopted a City Master Pay Schedule listing all of the pay rates/ranges for all City established positions.
Previously approved titles and wage/salary changes need to be codified in the City Master Pay Schedule as follows:
MEETING DATE: November 1, 2022
ITEM NO. 4.15(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.15(b)-Adopt Resolution updating the Master Employee Pay Schedule Sheri DeMaagd, Assistant
City Manager
Packet Pg. 219
Report to Redding City Council October 25, 2022
Re: 4.15(b)--Resolution Updating Master Employee Pay Schedule Page 2 Contracted Employee/Employee Bargaining Unit Resolution/Contract Number Effective Date UPEC Tech – COLA Increases R-2019-072 June 26, 2022
RIEO CTP and Supervisory/Confidential – R-2019-009 July 10, 2022 COLA Increases
UPEC Tech – Annual Compensation Study R-2022-087 July 10, 2022 Executive Management – COLA Increases R-2019-011 July 10, 2022 RIEO CTP and Supervisory/Confidential – R-2022-075 July 24, 2022 Successor MOU
RPOA-Misc – Successor MOU R-2022-076 July 24, 2022
RPOA – COLA Increases R-2021-036 September 4, 2022
RPMA – COLA Increases R-2021-049 September 4, 2022
UPEC RFMU – COLA Increases R-2021-045 September 4, 2022 Executive Management – Deputy Building Official R-2022-094 September18, 2022 New Classification
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Attachments
^Resolution
COR Master Salary Schedule - 11-1-22
Packet Pg. 220
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AN UPDATE OF THE CITY OF REDDING MASTER
EMPLOYEE PAY SCHEDULE UPDATING THE CLASSIFICATION TITLES
AND PAY RATES/RANGES FOR ALL CITY OF REDDING ESTABLISHED
POSITIONS
WHEREAS, staff has recommended the City of Redding update the City of Redding Master Employee Pay Schedule updating the classification titles and pay rates/ranges for all City of Redding established positions; and
WHEREAS, a copy of the updated City of Redding Master Employee Pay Schedule is available for review in the office of the City Clerk; 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 City shall approve updating the City of Redding Master Employee Pay Schedule updating the classification titles and pay rates/ranges for all City of Redding established positions.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the first day of November, 2022, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVED:
_____________________________ ________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 221 Attachment: ^Resolution (4.15(b)--Resolution Updating Master Employee Pay Schedule) Classification
Effective
Date
Job
Code Unit Hourly-Min Hourly-Max Monthly-Min Monthly-Max Footnotes Account Clerk I 7/24/2022 393 H5 $18.77 $23.95
Account Clerk I 7/24/2022 393 I2 $18.77 $23.95
Account Clerk II 7/24/2022 370 H5 $20.73 $26.46
Account Clerk II 7/24/2022 370 I2 $20.73 $26.46
Accountant I 7/24/2022 199 H4 $4,930 $6,937
Accountant II 7/24/2022 154 H4 $5,681 $7,994
Accounting Specialist 7/24/2022 362 H5 $22.31 $28.47
Administrative Assistant I 7/24/2022 390 H5 $17.85 $22.78 Administrative Assistant I 7/24/2022 390 I2 $17.85 $22.78 Administrative Assistant II 7/24/2022 377 H5 $19.60 $25.02 Administrative Assistant II 7/24/2022 377 I2 $19.60 $25.02 Administrator-Office of City Clerk 7/10/2022 98 $8,055 $10,472 Administrator-Office of City Treasurer 7/10/2022 99 $8,055 $10,472 Airport Operation and Maintenance Worker I 7/11/2021 581 A $16.00 $24.69 Airport Operations and Maintenance Worker II 7/11/2021 541 A $27.05 $28.41 Airports Manager 7/10/2022 75 $8,708 $11,321
Apprentice Firefighter 12/26/2021 770 C $15.20 $18.47
Apprentice Firefighter 12/26/2021 775 C $21.27 $25.86
Arborist Lead Worker 7/11/2021 554 A $28.41 $28.41
Assistant Airports Manager 7/10/2022 209 $7,260 $9,438
Assistant City Attorney I 7/10/2022 135 $10,507 $13,660 Assistant City Attorney II 7/10/2022 134 $11,602 $15,083 Assistant City Clerk 7/24/2022 187 I1 $6,251 $8,796
Assistant City Engineer 7/10/2022 112 $10,190 $13,248
Assistant City Manager 7/10/2022 12 $13,729 $17,848
Assistant Director - Community Services 7/10/2022 50 $9,364 $12,174 Assistant Director of Development Services/Building Official 7/10/2022 71 $9,904 $12,876 Assistant Director of Electric Utility 7/10/2022 31 $15,924 $20,702 Assistant Director of Public Works 7/10/2022 106 $10,781 $14,016 Assistant Engineer 7/24/2022 163 H4 $5,768 $8,117
Assistant Finance Officer 7/10/2022 105 $7,662 $9,961
Assistant Fire Marshal 9/4/2022 164 $7,366 $10,882
Assistant Planner 7/24/2022 177 H4 $4,986 $7,016
Assistant Project Coordinator - Community Services 7/24/2022 159 H4 $4,998 $7,033 Assistant Project Coordinator - Housing 7/24/2022 219 H4 $4,998 $7,033 Assistant Project Coordinator - Information Technology 7/24/2022 226 H4 $4,998 $7,033 Associate Civil Engineer 7/24/2022 118 H4 $6,909 $9,721 Associate Environmental Specialist 7/24/2022 140 H4 $6,199 $8,723 Associate Planner 7/24/2022 141 H4 $6,009 $8,456
Associate Project Coordinator - Community Services 7/24/2022 158 H4 $6,257 $8,805 Associate Project Coordinator - Housing 7/24/2022 227 H4 $6,257 $8,805 Associate Project Coordinator - Information Technology 7/24/2022 230 H4 $6,257 $8,805 Baler 7/11/2021 543 A $27.73 $27.73 1
Battalion Chief Shift 9/4/2022 133 $7,476 $11,833
Battalion Chief/Division Chief 9/4/2022 126 $7,476 $11,833 Building & Facilities Mechanic I 7/11/2021 540 A $27.05 $28.41 Building & Facilities Mechanic II 7/11/2021 536 A $29.85 $29.85 Building Inspector 7/24/2022 319 H5 $30.51 $38.94
Building Official 7/10/2022 127 $8,989 $11,686
City of Redding
Master Salary Schedule
November 1, 2022
Packet Pg. 222 Attachment: COR Master Salary Schedule - 11-1-22 (4.15(b)--Resolution Updating Master Employee Pay Business License Specialist 7/24/2022 358 H5 $25.77 $32.89 Buyer 7/24/2022 238 H4 $4,448 $6,258
Canine Officer 9/4/2022 659D $18.80 $18.80
Car Washer 12/26/2021 406 $15.00 $16.54
Chief Information Officer 7/10/2022 94 $12,158 $15,806
Chief of Police 7/10/2022 35 $15,659 $20,358
City Attorney 7/10/2022 15 $20,608 $20,608
City Clerk (Elected Official) 12/6/2015 96 $600 $600
City Councilmember 7/1/20152 $600 $600
City Manager 7/10/2022 11 $22,705 $22,705
City Surveyor 7/24/2022 216 I1 $7,353 $10,346
City Treasurer (Elected Official) 12/6/2015 97 $600 $600 Clerk I 7/24/2022 398 H5 $15.57 $19.872
Clerk I 7/24/2022 398 I2 $15.57 $19.87
Clerk II 7/24/2022 397 H5 $17.22 $21.98
Clerk II 7/24/2022 397 I2 $17.22 $21.98
Clerk III 7/24/2022 373 H5 $18.89 $24.11
Clerk III 7/24/2022 373 I2 $18.89 $24.11
Code Enforcement Supervisor 7/24/2022 211 I1 $6,001 $8,444 Communication Manager 7/10/2022 51 $7,600 $9,880
Communication Marketing Coordinator 7/24/2022 198 H4 $4,930 $6,937 Community Service Officer 7/24/2022 386F $22.24 $29.81
Community Service Officer 7/24/2022 381F $21.40 $28.68
Community Work Program Officer 7/24/2022 387F $23.31 $31.24 Computer Support Specialist I 7/24/2022 363 H5 $21.98 $28.05 Computer Support Specialist II 7/24/2022 356 H5 $26.78 $34.18 Computer Support Specialist III 7/24/2022 331 H5 $28.72 $36.66 Computer/Network Technician I 7/24/2022 361 H5 $23.69 $30.231 Computer/Network Technician II 7/24/2022 320 H5 $27.41 $34.981 Computer/Network Technician III 7/24/2022 317 H5 $32.62 $41.631 Construction Manager 7/24/2022 74 I1 $7,328 $10,3111
Contract Compliance Technician 7/24/2022 189 H4 $4,258 $5,992 Control and Automation Technician 5/30/2021 805B $66.78 $66.781 Convention Center Maintenance Worker 7/11/2021 591A $16.00 $24.69 Crime Analysis Technician 7/24/2022 374 H5 $19.67 $25.11 Crime Analyst 7/24/2022 235 I1 $5,375 $7,564
Crime Scene Technician 7/24/2022 378F $23.31 $31.24
Crime Scene Technician 7/24/2022 382F $22.47 $30.12
Crime Statistician 7/24/2022 335 H5 $25.12 $32.06
Crisis Intervention Response Team Officer 9/4/2022 626D $57.09 $57.09 Custodial Lead Worker 7/11/2021 586A $19.54 $20.52
Custodian 7/11/2021 588A $17.00 $18.75
Customer Service Representative 7/24/2022 351 H5 $22.33 $28.50 Customer Service Supervisor 7/24/2022 237 I1 $4,935 $6,943 Cyber Security Officer 7/10/2022 54 $9,567 $12,437
Database Administrator 7/24/2022 196 I1 $5,922 $8,333
Deputy Building Official 9/18/2022 153 $8,429 $10,958
Deputy City Attorney 7/10/2022 151 $8,793 $11,432
Deputy City Manager 7/10/2022 18 $11,006 $14,308
Deputy City Treasurer 7/24/2022 188 I1 $6,251 $8,796
Deputy Director of Public Works 7/10/2022 93 $9,833 $12,783 Deputy Fire Chief 7/10/2022 42 $11,940 $15,523
Development Services Supervisor 7/24/2022 222 I1 $6,772 $9,529 Development Services Technician I 7/24/2022 341 H5 $20.59 $26.28 Development Services Technician II 7/24/2022 352 H5 $23.63 $30.16 Development Services Technician III 7/24/2022 347 H5 $26.61 $33.96 Director of Community Services 7/10/2022 52 $11,850 $15,406 Director of Development Services 7/10/2022 43 $11,850 $15,406 Packet Pg. 223 Attachment: COR Master Salary Schedule - 11-1-22 (4.15(b)--Resolution Updating Master Employee Pay Director of Electric Utility 7/10/2022 30 $17,516 $22,772 Director of Finance 7/10/2022 64 $11,028 $14,337
Director of Public Works 7/10/2022 20 $13,075 $16,998
Economic Development, Innovation and Equity Manager 7/10/2022 131 $7,929 $10,308 Electric Manager 7/10/2022 81 $10,308 $13,401
Electric Manager-Compliance 7/10/2022 66 $11,553 $15,020 Electric Manager-Customer Services and Metering 7/10/2022 63 $12,059 $15,678 Electric Manager-Energy Management 7/10/2022 61 $14,448 $18,783 Electric Manager-Engineering 7/10/2022 84 $14,448 $18,783 Electric Manager-Financial 7/10/2022 69 $12,158 $15,806 Electric Manager-Line 7/10/2022 77 $12,059 $15,678
Electric Manager-Power Production 7/10/2022 76 $12,356 $16,063 Electric Manager-Resources 7/10/2022 86 $12,059 $15,678 Electric Manager-Technology 7/10/2022 67 $11,553 $15,020 Electric Program Supervisor 7/10/2022 82 $10,073 $13,096 Electric Program Supervisor - Operational Technology 7/10/2022 58 $10,073 $13,069 Electric Program Supervisor - Power Production 7/10/2022 59 $10,968 $14,259 Electric Program Supervisor-Energy Management 7/10/2022 88 $13,103 $17,034 Electric Program Supervisor-Line 7/10/2022 78 $11,001 $14,302 Electric Program Supervisor-Meter Shop 7/10/2022 41 $10,740 $13,963 Electric Program Supervisor-Service Planning 7/10/2022 89 $10,600 $13,780 Electric Program Supervisor-Substations 7/10/2022 80 $10,740 $13,963 Electric Program Supervisor-Transmission & Distribution 7/10/2022 62 $13,103 $17,034 Electric Utility Analyst 7/10/2022 255 M1 $6,268 $8,8202 Electric Utility Assistant System Operator-Power 7/10/2022 309 M2 $52.36 $63.65 Electric Utility Assistant System Operator-Transmission and Distribution 7/10/2022 316 M2 $50.96 $61.95 Electric Utility Assistant System Operator-Transmission and Distribution (NERC Certification Rate) 7/10/2022 303 M2 $53.51 $65.04 Electric Utility Associate Resource Planner 7/10/2022 195 $7,489 $9,736 Electric Utility Demand Side Management Coordinator 6/26/2022 104 M1 $6,025 $8,478 Electric Utility Distribution Planner System Inspector I 7/10/2022 301 M1 $6,363 $8,953 Electric Utility Distribution Planner System Inspector II 7/10/2022 302 M1 $7,038 $9,903 Electric Utility Distribution Technician I 6/26/2022 313 M2 $26.12 $33.34 Electric Utility Distribution Technician II 6/26/2022 314 M2 $31.20 $39.82 Electric Utility Distribution Technician Supervisor 6/26/2022 236 M1 $5,548 $7,806 Electric Utility Engineer 7/10/2022 110 $8,825 $11,473
Electric Utility Engineering Assistant I 7/10/2022 150 $6,397 $8,317 Electric Utility Engineering Assistant II 7/10/2022 136 $7,045 $9,159 Electric Utility Engineering Associate 7/10/2022 121 $7,721 $10,038 Electric Utility Field Foreman 7/10/2022 113 $5,362 $8,720 Electric Utility Field Services Technician 7/11/2021 530A $32.79 $32.79 Electric Utility Operational Technology Engineer 7/10/2022 192 $9,267 $12,047 Electric Utility Resource Planner 7/10/2022 116 $9,267 $12,047 Electric Utility Senior Information Analyst 6/26/2022 312 M2 $37.96 $48.45 Electric Utility Senior Project Engineer 7/10/2022 155 $9,970 $12,9622 Electric Utility Senior Resource Planner 7/10/2022 260 $10,073 $13,096 Electric Utility Senior System Operator - Power 7/10/2022 308 M2 $65.41 $79.51 Electric Utility Senior System Operator - Transmission and Distribution 7/10/2022 253 M2 $61.05 $74.212 Electric Utility Senior System Operator - Transmission and Distribution (NERC Certification Rate) 7/10/2022 305 M2 $64.10 $77.92 Electric Utility System Operator- Transmission and Distribution 7/10/2022 315 M2 $55.22 $67.12 Electric Utility System Operator- Transmission and Distribution (NERC Certification Rate) 7/10/2022 304 M2 $57.98 $70.482 Electric Utility System Operator-Power 7/10/2022 311 M2 $59.47 $72.28 Electrical Engineer 7/10/2022 108 $10,299 $13,390
Electrical Inspector 5/30/2021 801B $63.38 $63.38
Electrical Technician 7/11/2021 515A $43.89 $48.36
Energy Services Account Manager 7/10/2022 107 $7,392 $9,610 Energy Trader 6/26/2022 137 M1 $7,751 $10,906
Engineering Aid 7/24/2022 357 H5 $22.52 $28.75
Engineering Aid 7/11/2021 366 H7 $20.11 $25.67 Packet Pg. 224 Attachment: COR Master Salary Schedule - 11-1-22 (4.15(b)--Resolution Updating Master Employee Pay Engineering Technician I 7/24/2022 332 H5 $25.27 $32.25 Engineering Technician II 7/24/2022 334 H5 $28.52 $36.40 Engineering Technician III 7/24/2022 213 I1 $5,164 $7,266 Environmental Compliance Manager 7/10/2022 72 $9,013 $11,717 Equipment Operator 7/11/2021 562A $25.15 $26.41
Equipment Service Worker 5/30/2021 885B $39.33 $39.33
Executive Assistant I 7/24/2022 364 H5 $21.73 $27.73
Executive Assistant I 7/24/2022 364 I2 $21.73 $27.73
Executive Assistant II 7/24/2022 360 H5 $24.94 $31.83
Executive Assistant II 7/25/2021 950 H6 $22.68 $28.95
Executive Assistant II 7/24/2022 360 I2 $24.94 $31.83
Executive Assistant to Assistant City Manager 7/24/2022 250 I1 $4,067 $5,723 Executive Assistant to the City Manager 7/10/2022 245 $5,153 $6,700 Facility Supervisor 7/24/2022 160 I1 $5,269 $7,414
Field Foreman-Electrical Technician 7/10/2022 249 $8,259 $10,737 Finance Officer 7/10/2022 60 $9,158 $11,906
Fire Captain 12/26/2021 710C $24.76 $36.58
Fire Captain 12/26/2021 715C $34.65 $51.20
Fire Chief 7/10/2022 40 $13,859 $18,017
Fire Engineer 12/26/2021 760C $21.38 $31.59
Fire Engineer 12/26/2021 765C $29.93 $44.23
Fire Prevention Inspector 12/26/2021 755C $24.32 $35.93 Fire Prevention Inspector 12/26/2021 750C $34.04 $50.30 Fire Prevention Specialist 7/24/2022 372 H5 $25.95 $33.12 Firefighter 12/26/2021 780C $18.47 $27.29
Firefighter 12/26/2021 785C $25.86 $38.20
Fleet Manager 7/10/2022 130 $6,267 $8,148
Fleet Shop Supervisor 7/24/2022 157 I1 $5,269 $7,414
Gardener 7/11/2021 564A $26.41 $26.41
Geographic Information Systems Manager 7/10/2022 182 $8,268 $10,749 GIS Analyst I 7/24/2022 328 H5 $31.59 $40.31
GIS Analyst II 7/24/2022 330 H5 $34.83 $44.45
Graphic Designer I 7/24/2022 969 H5 $21.38 $27.29
Graphic Designer II 7/24/2022 968 H5 $23.58 $30.09
Groundman 5/30/2021 850B $29.69 $31.18
Hazardous Waste Specialist I 7/11/2021 336A $26.43 $33.73 Hazardous Waste Specialist II 7/11/2021 337A $27.66 $35.31 Hazardous Waste Technician 7/11/2021 338A $24.33 $31.05 Heavy Equipment Operator 7/11/2021 544A $28.41 $28.41
Housing Manager 7/10/2022 103 $8,484 $11,029
Housing Program Supervisor 7/24/2022 173 I1 $6,578 $9,255 Housing Specialist I 7/24/2022 355 H5 $28.19 $35.98
Housing Specialist II 7/24/2022 323 H5 $30.59 $39.04
Housing Technician 7/24/2022 369 H5 $21.50 $27.43
HVAC Technician 7/11/2021 539A $31.23 $31.23
Industrial Waste Analyst II 7/24/2022 205 H4 $5,269 $7,414 Industrial Waste Analyst III 7/24/2022 206 H4 $5,401 $7,600 Information Technology Supervisor 7/24/2022 176 I1 $7,241 $10,189 Inspection Services Supervisor 7/24/2022 161 I1 $6,001 $8,444 Instrument & Electrical Technician 5/30/2021 816B $58.05 $58.05 Janitor 7/24/2022 978 H5 $15.68 $20.01
Landscape Planning Specialist 7/24/2022 325 H4 $4,979 $7,006 Lead Meter Reader 7/11/2021 557A $28.41 $28.41
Legal Assistant 7/24/2022 349 I2 $28.51 $36.38
Legal Secretary 7/24/2022 350 I2 $25.94 $33.11
Line Equipment Operator 5/30/2021 827B $34.10 $34.10
Lineman 5/30/2021 817B $56.42 $56.42
Lineman (Certification Rate) 5/30/2021 819B $60.37 $60.37 Packet Pg. 225 Attachment: COR Master Salary Schedule - 11-1-22 (4.15(b)--Resolution Updating Master Employee Pay Lineman (Training Rate) 5/30/2021 818
B $58.39 $58.39
Mail Courier 7/24/2022 932 H5 $15.01 $17.38
Maintenance Coordination Assistant 5/30/2021 804B $43.66 $43.66 Management Analyst I 7/24/2022 231 H4 $4,930 $6,937
Management Analyst II 7/24/2022 232 H4 $5,681 $7,994
Management Analyst II 7/24/2022 232 I1 $5,681 $7,994
Management Assistant to the City Manager 7/10/2022 175 $6,607 $8,589 Mechanic I 7/11/2021 583A $15.74 $25.88
Mechanic II 7/11/2021 535A $29.85 $29.85
Meter Reader 7/11/2021 580A $16.00 $25.86
Meter Technician (Certification Rate) 9/5/2021 828B $60.37 $60.37 Municipal Utilities Manager 7/10/2022 252 $9,364 $12,174 Neighborhood Preservation Officer 7/24/2022 324 H5 $30.51 $38.94 Network Administrator I 7/24/2022 142 I1 $5,922 $8,333
Network Administrator II 7/24/2022 200 I1 $6,529 $9,187 NPDES Coordinator 7/24/2022 145 I1 $5,118 $7,201
Office Services Supervisor 7/24/2022 241 I1 $4,614 $6,492 On-Call/Seasonal Firefighter 12/26/2021 421 $15.00 $17.36 Operations/Compliance Engineer 7/10/2022 68 $10,299 $13,390 P/W Maintenance Worker-WasteWater-Grade II 7/11/2021 561A $24.13 $25.34 P/W Maintenance Worker-Water-Grade I 7/11/2021 560A $24.08 $25.28 P/W Supervisor - Solid Waste Operations 7/24/2022 208 I1 $6,376 $8,971 P/W Supervisor Wastewater-Grade IV 7/24/2022 597 I1 $6,703 $9,432 P/W Supervisor Wastewater-Grade V 7/24/2022 596 I1 $6,859 $9,652 Park Ranger 9/4/2022 670D $44.69 $57.04
Parking Meter Service Worker 7/11/2021 548A $28.41 $28.41 Parking Enforcement Officer 7/24/2022 368 H5 $21.11 $26.95 Parks & Facilities Manager 7/10/2022 92 $7,630 $9,920
Parks Lead Worker 7/11/2021 549A $28.41 $28.41
Parks Superintendent 7/10/2022 165 $6,349 $8,254
Parts Attendant 7/11/2021 510A $17.84 $21.70
Payroll and Benefits Technician 7/24/2022 379 I2 $23.53 $30.03 Permit Center Supervisor 7/24/2022 221 I1 $6,772 $9,529 Personnel Analyst I 7/24/2022 214 I1 $5,060 $7,120
Personnel Analyst II 7/24/2022 215 I1 $5,832 $8,207
Personnel Director 7/10/2022 65 $11,028 $14,337
Personnel Manager 7/10/2022 95 $8,140 $10,582
Personnel Technician 7/24/2022 342 I2 $23.88 $30.47
Personnel Technician 7/24/2022 951 I3 $23.88 $25.61
Plan Check Engineer 7/24/2022 223 H4 $6,421 $9,035
Planning/Community Development Manager 7/10/2022 138 $9,454 $12,291 Plans Examiner 7/24/2022 234 H4 $5,240 $7,374
Plant Mechanic 7/11/2021 538A $29.85 $29.85
Police Cadet 12/26/2021 426 $15.00 $17.36
Police Captain 9/4/2022 114G $15,030 $16,422
Police Chaplain 12/26/2021 450 $15.00 $17.36
Police Corporal 9/4/2022 629D $58.37 $58.37
Police Detective 9/4/2022 625D $57.09 $57.09
Police Lieutenant 9/4/2022 128G $13,174 $14,735
Police Officer 9/4/2022 660D $36.77 $54.33
Police Records Technician I 7/24/2022 359 H5 $21.61 $27.58 Police Records Technician II 7/24/2022 371 H5 $23.83 $30.41 Police Recruit 9/4/2022 680D $31.39 $31.39
Police Sergeant 9/4/2022 203G $10,855 $12,916
Police Services Manager 7/10/2022 185 $6,267 $8,148
Police Services Supervisor 7/24/2022 186 I1 $4,781 $6,727 Power Plant Auxiliary Operator 5/30/2021 833B $44.51 $46.74 Power Plant Engineer I 7/10/2022 261 $8,825 $11,473 Packet Pg. 226 Attachment: COR Master Salary Schedule - 11-1-22 (4.15(b)--Resolution Updating Master Employee Pay Power Plant Engineer II 7/10/2022 262 $10,299 $13,390
Power Plant Maintenance Mechanic 5/30/2021 822B $53.06 $53.06 Power Plant Operator 5/30/2021 823B $55.60 $55.602
Power Plant Relief Operator 5/30/2021 834B $60.05 $60.052 Power Plant Utility Worker 5/30/2021 886B $16.18 $29.77 Power Plant Warehouse Worker 5/30/2021 842B $33.61 $35.29 Power Prescheduler 6/26/2022 254 M1 $7,101 $9,992
Project Coordinator 7/24/2022 124 I1 $7,823 $11,008
Property and Evidence Technician 7/24/2022 365F $22.24 $29.81 Property and Evidence Technician 7/24/2022 380F $21.40 $28.68 Public Works Inspector 7/24/2022 321 H5 $29.60 $37.78
Public Works Lead Worker 7/11/2021 550A $28.41 $28.41
Public Works Maintenance Worker 7/11/2021 582A $16.00 $24.73 Public Works Supervisor 7/24/2022 168 I1 $5,735 $8,069
Public Works Supervisor-Water 7/24/2022 183 I1 $7,082 $9,965 Purchasing Officer 7/10/2022 166 $6,949 $9,033
Records Specialist I 7/24/2022 392 H5 $25.77 $32.89
Records Specialist II 7/24/2022 394 H5 $28.38 $36.22
Recreation Coordinator I 12/26/2021 441 $17.97 $25.29
Recreation Coordinator II 12/26/2021 446 $17.97 $25.29
Recreation Crew Leader 12/26/2021 416 $16.54 $18.23
Recreation Crew Supervisor 12/26/2021 432 $17.12 $24.08 Recreation Instructor I 12/26/2021 431 $16.30 $22.94
Recreation Instructor II 12/26/2021 433 $17.12 $24.08
Recreation Leader 12/26/2021 401 $15.00 $17.36
Recreation Specialist 12/26/2021 411 $15.75 $18.23
Recreation Superintendent 7/10/2022 169 $6,349 $8,254
Recreation Supervisor I 7/24/2022 193 I1 $4,513 $6,350
Recreation Supervisor II 7/24/2022 224 I1 $4,902 $6,898 Red Light Enforcement Specialist 1/3/2016 475 $28.37 $34.48 Reprographics Manager 7/10/2022 109 $5,153 $6,700
Reprographics Technician I 7/24/2022 383 H5 $16.07 $20.50 Reprographics Technician II 7/24/2022 384 H5 $18.77 $23.95 Reprographics Technician III 7/24/2022 385 H5 $22.31 $28.47 Resource Recovery Worker 7/11/2021 585A $20.88 $21.92
Risk Manager 7/10/2022 90 $8,139 $10,582
Safety and Environmental Compliance Coordinator 7/10/2022 120 M1 $6,509 $9,158 Safety Specialist 7/24/2022 167 H4 $5,785 $8,140
Scale House Attendant I 7/24/2022 344 H5 $15.57 $19.87
Scale House Attendant II 7/24/2022 345 H5 $17.22 $21.98 Scale House Attendant III 7/24/2022 346 H5 $18.89 $24.11 School Resource Officer 9/4/2022 628D $49.32 $57.09
Senior Accountant 7/24/2022 171 I1 $6,460 $9,090
Senior Building Inspector 7/24/2022 204 H4 $5,456 $7,677 Senior Buyer 7/24/2022 239 H4 $4,981 $7,008
Senior Demand Side Management Coordinator 6/26/2022 101 M1 $7,218 $10,156 Senior Electric Utility Distribution Planner / System Inspector 7/10/2022 181 M1 $7,659 $10,777 Electrical Engineering Supervisor 7/10/2022 87 $11,314 $14,708 Senior Fire Protection Plans Examiner 7/24/2022 148 H4 $5,839 $8,216 Senior GIS Analyst 7/24/2022 139 H4 $6,481 $9,120
Senior Housing Specialist 7/24/2022 210 I1 $5,533 $7,786 Senior Marketing Specialist 7/24/2022 207 H4 $5,669 $7,977 Senior Personnel Analyst 7/10/2022 56 $7,378 $9,592
Senior Plan Checker 7/24/2022 162 H4 $5,839 $8,216
Senior Planner 7/24/2022 119 H4 $6,675 $9,393
Senior Project Coordinator - Community Services 7/24/2022 146 H4 $6,886 $9,689 Senior Project Coordinator - Housing 7/24/2022 240 H4 $6,886 $9,689 Senior Project Coordinator - Information Technology 7/24/2022 243 H4 $6,886 $9,689 Packet Pg. 227 Attachment: COR Master Salary Schedule - 11-1-22 (4.15(b)--Resolution Updating Master Employee Pay Senior Survey Party Chief 7/24/2022 225 H4 $6,371 $8,964 Senior Transportation Planner 7/24/2022 218 H4 $6,611 $9,302 Senior Utility Arborist 5/30/2021 836B $40.69 $40.69
Senior Wastewater Laboratory Technician Grade III 7/24/2022 573 H5 $28.99 $37.00 Senior Wastewater Laboratory Technician Grade IV 7/24/2022 534 H5 $29.72 $37.93 Senior Wastewater Plant Operator-Grade III 7/24/2022 552 H5 $35.74 $45.62 Senior Wastewater Plant Operator-Grade IV 7/24/2022 576 H5 $36.64 $46.76 Senior Wastewater Plant Operator-Grade V 7/24/2022 589 H5 $37.55 $47.93 Senior Water Plant Operator-T-4 (D-3) 7/24/2022 553 H5 $36.10 $46.08 Senior Water Plant Operator-T-5 (D-4) 7/24/2022 592 H5 $37.01 $47.23 Solid Waste Maintenance Worker 7/11/2021 542A $28.41 $28.41 Solid Waste Truck Driver I 7/11/2021 584A $16.00 $24.23 Solid Waste Truck Driver II 7/11/2021 563A $26.41 $26.41 Solid Waste Worker 7/11/2021 590A $14.10 $14.81
Street Sweeper Operator 7/11/2021 568A $25.15 $26.41
Student Aid 7/24/2022 930 H5 $15.01 $17.38
Substation Electrical Technician 9/5/2021 815B $60.37 $60.37 Substation Maintenance Worker 5/30/2021 821B $44.88 $49.48 Survey Party Chief 7/24/2022 233 H4 $5,791 $8,149
Systems Administrator I 7/24/2022 143 I1 $5,922 $8,333
Systems Administrator II 7/24/2022 201 I1 $6,529 $9,187 Systems Analyst/Programmer I 7/24/2022 228 H4 $5,181 $7,291 Systems Analyst/Programmer I 7/24/2022 228 I1 $5,181 $7,291 Systems Analyst/Programmer II 7/24/2022 229 H4 $5,713 $8,039 Systems Analyst/Programmer II 7/24/2022 229 I1 $5,713 $8,038 Systems Analyst/Programmer III 7/24/2022 174 H4 $6,298 $8,863 Systems Analyst/Programmer III 7/24/2022 174 I1 $6,298 $8,863 Technical Intern 7/24/2022 933 H5 $15.01 $17.38
Technical Services Supervisor 7/24/2022 144 I1 $5,587 $7,861 Traffic Engineer/Planner 7/24/2022 132 H4 $6,329 $8,905 Transfer Station Operator 7/11/2021 578A $28.41 $28.41
Transportation Planner 7/24/2022 178 H4 $6,009 $8,456
Tree Trimmer 7/11/2021 570A $26.41 $26.41
Troubleman 5/30/2021 812B $59.19 $59.19
Troubleman (Certification Rate) 5/30/2021 807B $63.33 $63.33 Troubleman (Training Rate) 5/30/2021 806B $61.26 $61.26 Utility Arborist 5/30/2021 835B $37.82 $37.82
Utility Field Services Supervisor 7/24/2022 147 I1 $5,269 $7,414 Utility Field Worker 7/11/2021 587A $15.66 $19.04
Utility Specialist I 7/11/2021 326A $23.76 $30.32
Utility Specialist II 7/11/2021 327A $25.77 $32.90
Utility Worker 9/5/2021 888B $16.18 $29.77
Warehouse Leadman 5/30/2021 825B $42.79 $42.79
Warehouse Worker 5/30/2021 840B $33.61 $35.29
Warehouse Worker Water - D2 7/11/2021 511A $30.87 $30.87 Warehouse Worker Water - D3 7/11/2021 512A $31.64 $31.64 Wastewater Collection Lead Worker-Grade III 7/11/2021 545A $30.50 $30.50 Wastewater Collection Lead Worker-Grade IV 7/11/2021 555A $31.24 $31.24 Wastewater Collection Maintenance Worker-Grade II 7/11/2021 574A $25.80 $27.09 Wastewater Collection Maintenance Worker-Grade III 7/11/2021 558A $27.01 $28.37 Wastewater Compliance Coordinator 7/24/2022 598 I1 $5,933 $8,348 Wastewater Laboratory Supervisor 7/24/2022 100 I1 $5,203 $7,321 Wastewater Laboratory Technician Grade II 7/24/2022 329 H5 $26.42 $33.72 Wastewater Laboratory Technician Grade III 7/24/2022 518 H5 $27.08 $34.56 Wastewater Plant Operator-Grade II 7/24/2022 577 H5 $30.42 $38.82 Wastewater Plant Operator-Grade III 7/24/2022 567 H5 $31.18 $39.79 Wastewater Plant Operator-Grade IV 7/24/2022 569 H5 $31.96 $40.78 Wastewater Plant Operator-Grade V 7/24/2022 572 H5 $32.75 $41.80 Packet Pg. 228 Attachment: COR Master Salary Schedule - 11-1-22 (4.15(b)--Resolution Updating Master Employee Pay Wastewater Plant Operator-in-Training 7/24/2022 565 H5 $25.78 $28.42 Water Conservation Specialist 7/24/2022 170 I1 $5,707 $8,031 Water Lead Worker-D2 7/11/2021 547A $29.78 $29.78
Water Lead Worker-D3 7/11/2021 556A $30.50 $30.50
Water Lead Worker-D4 7/11/2021 508A $31.26 $31.26
Water Lead Worker-D5 7/11/2021 509A $32.04 $32.04
Water Maintenance Worker-D1 7/11/2021 546A $25.80 $27.09 Water Maintenance Worker-D2 7/11/2021 559A $26.37 $27.69 Water Plant Operator-in-Training 7/24/2022 566 H5 $26.77 $29.52 Water Plant Operator-T-3 (D-2) 7/24/2022 579 H5 $30.84 $39.36 Water Plant Operator-T-4 (D-3) 7/24/2022 571 H5 $31.61 $40.35 Water Plant Operator-T-5 (D-4) 7/24/2022 575 H5 $32.40 $41.36 Water Systems Specialist (D3/D4) 7/24/2022 149 I1 $5,889 $8,286 Welder 7/11/2021 537A $29.08 $29.08
Workflow Coordinator 7/24/2022 217 I1 $4,329 $6,092
Working Foreman- Instrument & Electrical Technician 5/30/2021 802B $63.74 $63.74 Working Foreman-Line 5/30/2021 810B $61.94 $61.94
Working Foreman-Line (Certification Rate) 5/30/2021 809B $66.28 $66.28 Working Foreman-Line (Training Rate) 5/30/2021 808B $64.11 $64.11 Working Foreman-Meter Technician (Certification Rate) 9/5/2021 829B $66.28 $66.28 Working Foreman-Power Plant Maintenance Mechanic 5/30/2021 813B $63.74 $63.74 Working Foreman-Power Plant Operations 5/30/2021 814B $63.74 $63.74 Working Foreman-Substation Electric Technician 9/5/2021 811B $66.28 $66.28 Working Supervisor- Arborist 7/11/2021 551A $31.94 $31.94 Working Supervisor-Airports Operations and Maintenance 7/11/2021 521A $31.94 $31.94 Working Supervisor-Buildings 7/11/2021 522A $31.94 $31.94 Working Supervisor-Electric Utility Field Services 7/11/2021 519A $36.04 $36.04 Working Supervisor-Landfill 7/11/2021 523A $31.94 $31.94 Working Supervisor-Parks 7/11/2021 524A $31.94 $31.94
Working Supervisor-Public Works 7/11/2021 526A $31.94 $31.94 Working Supervisor-Shop 7/11/2021 528A $31.94 $31.94
Working Supervisor-Solid Waste 7/11/2021 516A $31.94 $31.94 Working Supervisor-Wastewater Collection-Grade III 7/11/2021 527A $34.30 $34.30 Working Supervisor-Wastewater Collection-Grade IV 7/11/2021 531A $35.13 $35.13 Working Supervisor-Wastewater Plant-Grade III 7/24/2022 520 H5 $45.60 $47.88 Working Supervisor-Wastewater Plant-Grade IV 7/24/2022 593 H5 $46.74 $49.07 Working Supervisor-Wastewater Plant-Grade V 7/24/2022 594 H5 $47.90 $50.30 Working Supervisor-Water Distribution-D3 7/11/2021 529A $33.49 $33.49 Working Supervisor-Water Distribution-D4 7/11/2021 532A $35.13 $35.13 Working Supervisor-Water Distribution-D5 7/11/2021 533A $35.99 $35.99 Working Supervisor-Water Plant-T-4/T-5 (D-3/D-4) 7/24/2022 525 H5 $46.06 $48.36 Working Supervisor-Water Plant-T-5 (D-4) 7/24/2022 595 H5 $47.21 $49.57 Footnote 1: Employees in this classification may work a 56-hour workweek.
Footnote 2: Employees in this classification may work a 42-hour workweek.
Unit Code Bargaining Unit Name A IBEW Maintenance
Master Pay Schedule Revised 11/1/22B IBEW Electric C IAFF D RPOA F RPOA-Misc G RPMA H RIEO-CTP H4 RIEO-CTP-Exempt
H5 RIEO.-CTP-Non-Exempt
H6 RIEO-CTP-Part-Time (PERS/PARS Enhancement)
H7 RIEO-CTP-Part-Time (PARS 457 AltRet Plan)
H8 RIEO-CTP-Exempt Part-Time (PARS 457 AltRet Plan) Packet Pg. 229 Attachment: COR Master Salary Schedule - 11-1-22 (4.15(b)--Resolution Updating Master Employee Pay
I RIEO-SUP/CONF
I1 RIEO-SUP/CONF (Exempt)
I2 RIEO-SUP/CONF (Non-Exempt)
I3 RIEO-SUP/CONF (Non-Exempt-PERS/PARS Enhancement)
M1 UPEC-Exempt
M2 UPEC-NonExempt
Packet Pg. 230 Attachment: COR Master Salary Schedule - 11-1-22 (4.15(b)--Resolution Updating Master Employee Pay
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve the Mayor’s recommendation to re-appoint Kari Wurch-Goldenson to the Shasta Public Library Citizens Advisory Committee to serve a full-term ending November 30, 2026.
Alternative Action
The City Council could choose not to approve the Mayor’s recommendation.
Background/Analysis
Kari Wurch-Goldenson was originally appointed on August 3, 2021, to fill an unscheduled vacancy on the Shasta Public Library Citizens Advisory Committee (Committee). Ms. WurchGoldenson has expressed an interest in continuing to serve and would be an asset to the Committee. If approved, her term will begin December 1, 2022, and end November 30, 2026.
In accordance with the Maddy Act, the position was included in the annual Local Appointments List for the year 2022.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• This agenda item is routine operational item.
MEETING DATE: November 1, 2022
ITEM NO. 5.1
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 5.1--Consider Mayor's re-appointment to the Shasta Public Library Citizens Advisory Committee.
Kristen Schreder, Mayor
Packet Pg. 231
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Informational item only.
MEETING DATE: November 1, 2022
ITEM NO. 9.6(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.6(a)--Oral presentation regarding the Community Creek Clean-Up at the City of Redding Nur Pon Open Space held on October 1, 2022.
Kim Niemer, Community
Services Director
Packet Pg. 232
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Informational item only.
MEETING DATE: November 1, 2022
ITEM NO. 9.9(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.9(a)--Oral presentation from the Crisis Intervention Response Team (CIRT).
Bill Schueller, Chief of Police
Packet Pg. 233
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Accept the report addressing blight and nuisance conditions on large parcels within the City of Redding; and
(2) Adopt Resolution, pursuant to Redding Municipal Code (RMC) Section 1.13.090(B), to amend the Schedule of Administrative Fines to establish an administrative fine for blight and public nuisance on parcels of two or more acres to $1,000 per day, and to correct the omission of administrative fines for violation of RMC Chapter 6.08 (Massage) and impose a proposed administrative fine in the amount of $500 per day for such violations.
Fiscal Impact
There will likely be a minor increase in receipts of administrative fines dependent on the number of violations and enforcement.
Alternative Action
The City Council could decide to not adopt the resolution and provide other direction to staff.
Background/Analysis
The City of Redding (City), due to the significant geographic area within its jurisdictional limits, contains a significant number of large parcels in private ownership. These parcels are often found by Code Enforcement staff and the Redding Police Department to be significantly blighted with junk, trash, debris, and abandoned vehicles. When blighted, they also serve as a public nuisance which threatens the public health, safety and welfare.
MEETING DATE: November 1, 2022
ITEM NO. 9.14(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.14(a)--Consider report on blighted large parcels and adoption of Resolution to amend administrative fines.
Barry DeWalt, City Attorney
Packet Pg. 234
Report to Redding City Council October 26, 2022
Re: 9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines Page 2 The primary violations that present in such cases are violations of RMC 1.15.150 (Public Nuisance Specified) and RMC 1.16.150 (Blighted Property). These are conditions in which the property owner is cited. Also existing on many of these parcels are conditions of trespass whereby uninvited persons occupy the premises without invitation from the property owner. The trespass typically results in the accumulation of junk, trash, and debris which, as a consequence, results in violations of the aforementioned municipal code sections if the property owner is unwilling to address the conditions existing on the property.
The enforcement of the prohibitions against blight and public nuisance is challenging, because these conditions are not usually created by the direct activity of the property owner. Because of this, Code Enforcement and officers of the Redding Police Department (“RPD”) typically begin enforcement in a spirit of cooperation with the owner. With regard to the RPD, efforts are made to gain a “Consent to Enforce” from the owner. This permits the RPD to actively enforce state trespass laws thereby removing any uninvited persons. With regard to Code Enforcement, it is standard operating procedure to encourage the property owner to remove the nuisance conditions from the property before any enforcement tools are deployed.
Unfortunately, because removal of nuisance conditions and securing the property are both expensive, Code Enforcement staff are often met with resistance on the part of the owners of these large parcels. While some owners are particularly helpful, those who are reluctant often argue that they did not create the nuisance conditions and should not be responsible for their eradication. It is sometimes argued that the City should undertake this expense. While understandable to a certain extent, it is not the obligation of the taxpayers to expend public funds to clean private property.
At times, Code Enforcement staff are presented with an argument that it is simply cheaper to pay a fine than to clean up the nuisance conditions. It is the opinion of the City Attorney that this results from the rather de minimis fines that are currently applicable to RMC 1.15.150 (Public Nuisance Specified) and RMC 1.15.160 (Blighted Property). Both currently can result only in a fine of $100 per day.
As such, an increase of such administrative fines would appear to be appropriate. However, an increase in the fine should be tailored to the exact problem that needs correction. The attached resolution includes modifications to the Schedule of Administrative Fines (“Schedule”). Located within the portion addressing RMC 1.15.170, the Schedule distinguishes fines for “Public Nuisance” and “Blighted Property” for parcels of two or more acres.
During the long tenure of enforcement of these provisions, Code Enforcement staff often find that most conditions of nuisance and blight are at single family homes located on small parcels.
Many of the occupants of these premises are low-income and on a fixed income. As a result, it is not recommended that administrative fines on these parcels require an upward adjustment.
Keeping in mind that the administrative fine can, in appropriate cases, by applied on a daily basis, the present amount is sufficient.
However, these economic conditions do not usually present with regard to owners of large parcels. Further, the nuisance conditions existing on such large parcels tend to be significantly worse than those that may present on a small parcel. An upward adjustment of some kind would appear necessary in order to encourage responsible property ownership. Proposed in the attached Schedule is an administrative fine of $1,000, which is the maximum that can be imposed. Once again, in particularly egregious situations, this administrative fine could be applied on a daily basis.
Packet Pg. 235
Report to Redding City Council October 26, 2022
Re: 9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines Page 3 Having addressed the recommendation to increase the administrative fines on parcels of two or more acres, this report will now address the other Code Enforcement tools that are presently available to address nuisance conditions on large parcels. The primary tool available is the Administrative Abatement and Penalties Order. See Chapter 1.14 of the RMC. These Orders are requested by Code Enforcement staff for adoption by the Administrative Hearings Board (“AHB”).
They serve several functions. The first is that they are injunctive in nature, meaning that they order the abatement of the nuisance conditions. Per State law, a reasonable period of time is provided to abate the nuisance conditions. The second function is that, if compliance is not achieved by the owner within the reasonable time provided in the Order, daily penalties accrue.
It is the responsibility of the owner to advise Code Enforcement staff when the nuisance conditions are fully abated. Third, the Order can provide for recovery of Code Enforcement costs to enforce the RMC. Staff time is recoverable as “abatement costs” under State law and, in the event such costs are not paid, a lien may be placed on the property. Staff has found that the “Administrative Abatement and Penalties Order” is more useful as compared to the issuance of an administrative citation.
The last enforcement tool available is the abatement warrant. In such instances, Code Enforcement staff seek a warrant executed by a Judge of the Superior Court to enter the property and abate the nuisance conditions. Staff seeks a warrant only in the most extreme cases. There are a couple of reasons for this. First, the property owner does not have opportunity to be present or make an argument when a warrant is sought. In the interests of justice, staff take the obligation to present the facts and circumstances to the judge very seriously and with due regard to the interests of the property owner. Secondly, the City of Redding must initially pay for the costs to abate the nuisance conditions. Although these costs are fully recoverable by means of a lien of the property, repayment (though certain) is not likely to be timely.
It is important to note that the problem of the large blighted parcel is real and readily apparent.
While it serves as a very small portion of the total case load for Code Enforcement, a heavily blighted large parcel does impact the public welfare. These blighted conditions are typically visible from the public right of way. They pose a significant, negative impact on neighboring owners. Lastly, the material and debris from the blighted parcels finds its way into the watercourses and poses a significant environmental threat to the native habitat.
Before concluding, it is important to call-out an additional proposed change to the Schedule of Administrative Fines. By reason of mere omission, no specific administrative fine is set for violations of Chapter 6.08 (Massage). Although there is a default administrative fine of $100 per day that can be applied to violations of the “Massage Ordinance,” this is inadequate as a proper enforcement tool. Due to the seriousness of many of the prohibitions set forth in Chapter 6.08, the proposed administrative fine is $500 per day.
While this topic is not related to the public nuisance concerns that present with large parcels, staff is proposing the imposition of a specific administrative fine for violations of the Massage Ordinance while the opportunity presents to modify the Administrative Schedule of Fines due to the large parcel situation presented.
Packet Pg. 236
Report to Redding City Council October 26, 2022
Re: 9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines Page 4 Environmental Review
The provision of a report and adoption of amendments to the Schedule of Administrative Fines is not a project within the meaning of the California Environmental Quality Act.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments
^Resolution
^Schedule of Administrative Fines
Packet Pg. 237
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING THE SCHEDULE OF ADMINISTRATIVE FINES
WHEREAS, Redding Municipal Code 1.13.070 provides that an enforcement officer of the City of Redding charged with enforcement of the Redding Municipal Code (“RMC”) shall have authority to issue administrative citations to any persons responsible for violation of the RMC; and WHEREAS, RMC 1.13.090 provides that the amount of administrative fines imposed shall be set forth in a schedule of fines established by resolution of the City Council; and WHEREAS, RMC 1.13.090 further provides that the schedule of fines shall specify increased fines for repeat violations of the RMC within thirty-six (36) months, and shall further specify the amount of any late payment charges imposed for the payment of a fine after its due date; and WHEREAS, Government Code sections 53069.4 and 36900 establish parameters for the amount of administrative fines and penalties which may be assessed for violations of ordinances which are denominated as infractions; and
WHEREAS, on June 21, 2016, by Resolution 2016-074, the City Council adopted a Schedule of Administrative Fines in accordance with RMC 1.13.090; and WHEREAS, on June 5, 2018, by Resolution 2018-057, the City Council adopted a Schedule of Administrative Fines in accordance with RMC 1.13.090; and WHEREAS, on March 19, 2019, by Resolution 2019-019, the City Council adopted a Schedule of Administrative Fines in accordance with RMC 1.13.090; and WHEREAS, on February 18, 2020, by Resolution 2020-018, the City Council adopted a Schedule of Administrative Fines in accordance with RMC 1.13.090; and WHEREAS, amendments to the RMC necessitate that the Schedule of Administrative Fines be updated;
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding that the fine amounts for issuance of administrative citations assessed pursuant to the provisions of the Redding Municipal Code, including provisions for repeat violations and late payment charges, are hereby amended and restated on the document entitled “Schedule of Administrative Fines,” attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that, in assessing the merits of any case, the Administrative Hearings Board and Finance Director are hereby vested with authority to reduce any fine set forth in the Schedule of Administrative Fines, interest charges accruable, and to establish a payment schedule for administrative fines as the interests of justice may require.
Packet Pg. 238 Attachment: ^Resolution (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines) BE IT FURTHER RESOLVED that the Schedule of Administrative Fines attached hereto and approved pursuant to this Resolution shall be effective as of the date of its adoption.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 1 st day of November, 2022, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_________________________________
KRISTEN SCHREDER, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 239 Attachment: ^Resolution (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines)
SCHEDULE OF ADMINISTRATIVE FINES
CODE SECTION DESCRIPTION FINE
1.14.220 Interference With Abatement Work $200.00
1.15.170 Immediately Dangerous Building $500.00
Dangerous Building $250.00
Substandard Building $100.00
Public Nuisance $100.00
Parcels Greater Than Two Acres $1,000.00
Blighted Property $100.00
Parcels Greater Than Two Acres $1,000.00
Title 3 All Sections of Title 3 (Aircraft & Airports) $200.00
4.12.050 Violation of Chapter 4.12 - Transient Occupancy Tax Obligations
$500.00
4.12.140 Violation of Chapter 4.16 - Real Property Transfer Tax Obligations
$100.00
6.02.020 Conducting Business Without Business License 25% of License Fee
6.02.080(A) Failure to Display Business License $100.00 Chap. 6.08 All Sections of Chapter 6.08 (Massage) $500.00 Chap. 6.10 All Sections of Chap. 6.10 (Limited Ambulances) $100.00 Chap. 6.12 All Sections of Chap. 6.12 (Cannabis) $1,000.00
6.14.025 Failure to Post Card Room Hours of Operation $100.00
6.14.027 Unlawful Location of Gambling Establishment $500.00
6.14.029 Violation on Limit of Authorized Tables $250.00
6.14.030 Unlawful Card Room $500.00
Packet Pg. 240 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines)
6.14.070 Violation of License Regulations $250.00
6.14.100(A) Unregistered Employee of Card Room $250.00
6.14.110 Display of Identification Cards at Game Room $100.00
6.14.120 Unlawful Gaming of Employees at Card Rooms $100.00
6.14.130 Unlawful Loans to Customers $250.00
6.14.140 Unlawful Charges and Failure to Use Chips $100.00
6.14.150 Authorized Games and Supervision of Tables $100.00
6.14.160 Cheating $100.00
6.14.170 Unlawful Gaming by Prohibited Persons $100.00
6.14.180 Violation of State Laws $100.00
6.16.010 Burning Vehicles Prohibited $250.00
6.16.020 Junkyard and Wrecking Yard Building Requirements $100.00
6.22.010 Soliciting and Peddling Without Registration $250.00
6.22.030 Soliciting and Peddling When Signs Posted $100.00 Chap. 6.24 All Sections of Chap. 6.24 (Public Dances) $100.00
6.26.010 Violation of Bingo Regulations $100.00
6.28.020 Operation of Public Transportation Without Permit $500.00
6.28.110 Unlawful Parking or Regulated Vehicle $100.00
6.30.030 Secondhand Vending Without License $500.00
6.30.100 Failure to Retain Goods $250.00
6.30.110 Unlawful Alteration of Goods $250.00
6.32.020 Operation of Automobile for Hire Without Permit $500.00
6.32.080 Violation of Operator Rules $100.00
6.32.150 Collection Greater Than Established Fare $100.00 Packet Pg. 241 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines)
6.32.200 Operation Without Driver Permit $500.00
6.34.020 Operation of Close-Out Sale Without Permit $500.00
6.34.070 Failure to Post Close-Out Sale Permit $100.00
Chap. 6.36 All Sections of Chap. 6.36 (Handbills) $100.00 Chap. 6.38* All Sections of Chap. 6.38 (Redding Downtown Mall) $100.00
6.40.040 Installation of Cable Communications System
Without Franchise
$500.00
7.04.020 Unlawful Tethering of Animal on Street $100.00
7.04.030 Maltreatment of Animal $500.00
7.04.040 Harassing of Police Dogs $250.00
7.04.050 Running At Large $100.00
7.04.060 Committing Nuisance in Public Area $100.00
7.04.070 Keeping of Animal in Unsanitary Condition $100.00
7.04.080 Enclosure Required $100.00
7.04.090 Public Nuisance Due to Noise $50.00
7.04.100 Hunting, Trapping or Keeping Wild Animals $100.00
7.04.110 Slaughterhouse Prohibited $100.00
7.04.120 Fowl and Gnawing Animals $100.00
7.04.130 Roosters and Peafowl $100.00
7.04.150 Number of Dogs or Cats in Dwelling $50.00
7.04.160 Unlawful Selling or Making Gifts of Animals $50.00 Chap. 7.08 All Sections of Chapter 7.08 (Bees) $100.00
7.12.020 Dogs in Public Parks and Malls $50.00
7.12.030 Failure to License Dog $50.00
7.12.060 Failure to Vaccinate Dog $50.00
Packet Pg. 242 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines)
7.12.110 Failure to Attach Proof of Licensure on Dog Collar $50.00
7.12.130 Other Tags Prohibited $50.00
7.12.140 Counterfeit Dogtag $100.00
7.12.160 Maintenance of Kennel Without License $100.00
7.12.180 Confinement of Puppies $50.00
Chap. 7.13 All Sections of Chap. 7.13 (Dangerous Dogs) $100.00
7.24.030 Molesting of Birds and Eggs in Sanctuary $100.00
9.01.030 Prohibition of Parties Where Minors Consume
Alcohol or Controlled Substances
$250.00
Chap. 9.04 All Sections of Chap. 9.04 (Health and Sanitation) $100.00 Chap. 9.07 All Sections of Chapter 9.07 (Shopping Carts) $100.00
9.08.150 Failure to Remove Abandoned, Wrecked, Dismantled or Inoperative Vehicle
$250.00
Chap. 9.09 All Sections of Chap. 9.09 (Neglected Vacant Buildings) $250.00 Chap. 9.16 All Sections of Chap. 9.16 (Contagious or Infectious Diseases) $100.00 Chap. 9.20 All Sections of Chap. 9.20 (Fire Prevention) $250.00 Chap. 9.24 All Sections of Chap. 9.24 (Food and Food Handlers) $100.00
9.28.030 Accessibility to Rats Prohibited $100.00
9.28.040 Rubbish in Streets $100.00
9.28.050 Rubbish in drainage ditches $100.00
9.28.060 Garbage - Burning prohibited $100.00
9.28.070 Garbage - Accumulation prohibited $100.00
9.28.090 Private disposal $100.00
9.28.100 Depositing in unauthorized place $500.00
9.28.150 Receptacles required $50.00
Packet Pg. 243 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines)
9.28.170 Receptacles - Refuse $50.00
9.28.200 Receptacles - Cleanliness required $25.00
9.28.220 Wrapping Garbage $50.00
9.28.230 Clear path to receptacle $50.00
Chap. 9.38* All Sections of Chap. 9.38 (Burglary and Robbery Alarm System)
$100.00
Chap. 10.06 All Sections of Chap. 10.06 (Butane Resale) $500.00 Chap. 10.08 All Sections of Chap. 10.08 (Limits on Retail Sales of Products Containing Ephedrine and Phenylpropanolamine
$500.00
Chap. 10.18* All Sections of Chap. 10.18 (Prohibited Activities in Public Areas
$100.00
Chap. 10.19 All Sections of Chap. 10.19 (Unlawful Solicitation) $100.00
10.20.030 Time of Use of Park $50.00
10.20.040 Interference With Events $50.00
10.20.050 Failure to Exhibit Park Facilities Reservation Permit $100.00
10.20.060 Unlawful Selling or Advertising $100.00
10.20.070 Refuse $100.00
10.20.080 Smoking $100.00
10.20.090 Consumption of Alcoholic Beverages $100.00
10.20.100 Fires $250.00
10.20.120 Firearms, Air Guns, Other Weapons $250.00
10.20.130 Animals $100.00
10.20.150 Parking of Motorized vehicles $25.00
10.20.160 Prohibited Use on Trails and Sidewalks $25.00
10.20.170 Golf Restrictions $25.00
10.20.180 Sound Amplification Equipment $100.00
Packet Pg. 244 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines) Chap. 10.21 All Sections of Chap. 10.21 (Certain Uses Restrict on the Sacramento River Trail)
$25.00
Chap. 10.22 All Sections of Chap. 10.22 (Sound Trucks) $50.00 Chap. 10.23* All Sections of Chap. 10.23 (No-Cruise Zone Loitering) $50.00 Chap. 10.24* All Sections of Chap. 10.24 (Motorcycles - Off Highway Motor Vehicles)
$50.00
Chap. 10.25* All Sections of Chap. 10.25 (Alcoholic Beverages in Public Areas)
$100.00
Chap. 10.26* All Sections of Chap. 10.26 (Sacramento River Area Regulations)
$100.00
10.28.010 Injury to, or defacing of, public property $500.00 Chap. 10.30 All Sections of Chap. 10.30 (Injuring Library or Museum and Art Center Property)
$500.00
10.32.010 Willful Destruction or Removal of Public Monument $500.00
10.34.010 Injury to Lamps and Guides $500.00
10.38.010 Obstruction of Water and Stormwater Channel $250.00 Chap. 10.40 All Sections of Chap. 10.40 (Unlawful Camping) $50.00
10.50.020* Curfew Restrictions $50.00
10.50.030(A)*Daytime Loitering During School Hours $50.00
10.50.030(B)*Daytime Loitering During School Hours $50.00
10.50.030(C)*Daytime Loitering During School Hours (Parent) $100.00 Chap. 10.56 All Sections of Chap. 10.56 (Dangerous or Deadly Weapons) $500.00
10.58.010 Discharge of Firearms $250.00
10.60.010 Sale To, or Possession by Minors, of Firearms $250.00
10.70.010 Minor Use of Skateboard Without Protective Gear $50.00
10.70.020 Bicycle Prohibited in Skateboard Facility $50.00 Chap. 11.04 All Sections of Chap. 11.04 (Traffic Regulations Generally) $24.50 Packet Pg. 245 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines) Chap. 11.23 All Sections of Chap. 11.23 (Cruising) $50.00
11.24.020 No Parking Zones $24.50
11.24.040 No Parking $39.50
11.24.070 Commercial Vehicle on City Street $84.50
11.24.080 Parking Passenger Zone $39.50
11.24.110 Bus Loading Zones - Parking Prohibited $24.50
11.24.120 Overtime Parking - Three-Hour Parking Zones $24.50
11.24.180 Overtime Parking - Two-Hour Parking Zones $24.50
11.24.190 Overtime Parking - One-Hour Parking Zones $24.50
11.24.200 Overtime Parking - Forty-Five Minute Parking Zones $24.50
11.24.210 Overtime Parking - Thirty Minute Parking Zones $24.50
11.24.220 Overtime Parking - Twelve Minute Parking Zones $24.50
11.24.230 Parking and Loading in Alleys $24.50
11.24.250 Total Consecutive Hours Time Limit $24.50
11.24.260 Private Areas $29.50
11.24.270 Parking on Grades $24.50
11.24.28 Prohibited on Streets Authorized for Special Purpose $24.50
11.24.300 Parking for Disabled Persons $279.50
11.24.310 Parking for Disabled Persons on Private Property $279.50
11.24.320 Parking for Law Enforcement and Fire Vehicles $24.50
11.24.330 Parking at the Redding Municipal Airport $24.50
11.28.030 Parking Space Marking $24.50
11.28.080(A) Meter Violation $24.50
11.28.080(B) Meter Violation $24.50
Packet Pg. 246 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines)
11.28.080(C) Meter Violation $24.50
11.28.080(D) Defacing or Injuring Parking Meter $250.00
11.28.080(E) Depositing Substitute for Lawful Money in Parking Meter $250.00
11.28.130 Hood - Violations $24.50
11.28.150 Parking Meter Zone Time Limits Designated $24.50 Chap. 11.24 & 11.28 Violations Requirement Assessment of Following Fees:
Criminal Justice Facilities Construction Fund $2.50
Courthouse Construction Fund (Sunsets 2023) $2.50
State Court Facilities Construction Fund $1.50
Immediate & Critical Needs Account of the State Court $3.00 Facilities Construction Fund
11.32.010 Operation of Bicycle - Location $24.50
13.12.020 Filling Driveways and Curb Cuts $100.00
13.12.030 Barbed Wire Prohibited $50.00
13.12.040 Discharge from Water Coolers $25.00
13.12.050 Playing Ball in Streets $25.00
13.12.060 Spinning Tops on Sidewalks $25.00
13.12.070 Wheeled Devices in Posted Areas $50.00
13.12.080 Jumping from Bridges $50.00
13.16.010 Grading/Construction of Curb, Gutter and Sidewalk Without Permit
$250.00
13.20.050 Driving on Closed Streets $100.00
13.24.010 Placement of Obstruction on Public Conveyance $50.00
13.24.030 Gates Across Sidewalk $50.00
13.24.040 Storing Vehicles $50.00
Packet Pg. 247 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines)
13.24.050 Remaining on Crosswalks, Roundabouts and Center Medians $50.00
13.24.060* Prohibiting Sitting on Commercial Sidewalks $50.00
13.25.080 Sidewalk Dining Service of Alcohol Without Permit $100.00
13.25.110 Additional Standards for Serving Alcohol $100.00
13.32.010 Moving Building Without Permit $250.00
Chap. 13.36 All Sections of Chap. 13.36 (Wires Over Streets) $250.00 Chap. 13.40 All Sections of Chap. 13.40 (Trees and Shrubs) $100.00
14.04.030 Maintenance of Overhead Utilities When Underground Utility District is Established
$250.00
14.08.240 Tampering With Water Supply $250.00
14.08.245 Prohibition on Additives Into Water Supply $100.00
14.08.250 Supplying Water to Another Property Owner $100.00
14.08.260 Shutting off Water During Emergency $100.00
14.08.280 Drilling $250.00
14.19.050(B)*Violation of Stage 2 Water Shortage Rules $50.00
14.19.050(C)*Violation of Stage 3 Water Shortage Rules $200.00
14.19.050(D)*Violation of Stage 4 Water Shortage Rules $500.00
14.16.515 Vandalism of POTW $500.00
14.16.545 Prohibited Restaurant Wastewater Discharges $250.00
14.16.570 Failure to Notice of Discharge to POTW $250.00
14.16.575 Failure to Notice of Changed Discharge $250.00
14.16.580 Dilution as Substitute for Adequate Treatment $250.00
14.16.582 Prohibited Discharges $250.00
14.16.586 Protective Devices Preventing Accidental Discharges $250.00
14.16.588 Failure to Notice of Accidental Discharge $250.00 Packet Pg. 248 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines) Chap. 14.18 All Sections of Chap. 14.18 (Storm Drainage) $250.00 Chap. 14.19 All Sections of Chap 14.19 (Stormwater Quality Management and Discharge Control
$250.00
14.22.130 Tree Removal $250.00
16.02.010 Violation of the California Building Code $250.00
16.03.010 Violation of the California Residential Code $250.00
16.04.010 Violation of the California Mechanical Code $250.00
16.05.010 Violation of the California Plumbing Code $250.00
16.06.010 Violation of the California Electrical Code $250.00
16.07.010 Violation of the California Energy Code $250.00
16.08.010 Violation of the California Green Building Standards $250.00
16.09.010 Violation of the Uniform Housing Code $250.00 Chap. 16.12 All Sections of Chap. 16.12 (Clearing, Grading Fills and Excavation)
$500.00
16.20.100 Connecting to Utilities Without Payment of Impact Fee $250.00
16.70.070 Water Waste Prevention Penalties $100.0
Title 18 All Violations of the Title 18 (Zoning)** $250.00
18.17.030(C) Cannabis Cultivation inCommunity Garden $1,000.00
18.30.020-A Schedule: Use Regulations - “Rural Lands” District $1,000.00
18.31.020-A Schedule: Use Regulations - Other “Residential Districts” $1,000.00
18.32.020-A Schedule: Use Regulations - “Limited Office and General Office Districts $1,000.00
18.33.020-A Schedule: Use Regulations - “Commercial Districts” $1,000.00
18.34.020-A Schedule: Use Regulations - “Industrial” Districts $1,000.00
18.35.030-A Schedule: Use Regulations - “Open Space” District $1,000.00
18.36.030-A Schedule: Use Regulations - “Public Facilities District” $1,000.00 Packet Pg. 249 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines)
18.43.110(A)(16) Home Occupations- Cannabis $1,000.00
All violations not specifically set forth herein: $100.00 Subsequent Violations Within 36 Months:
Second Violation 150%
Third & Subsequent Violations 200%
*. Denotes that the indicated Chapter contains specific criminal penalties for subsequent offenses. Administrative or civil penalties attributable to subsequent offenses shall not exceed the fines provided in the Section. **. The administrative fine set forth shall apply unless a more specific fine for a violation of Title 18 is provided.
Packet Pg. 250 Attachment: ^Schedule of Administrative Fines (9.14(a)--Report On Blighted Large Parcels & Adoption of Administrative Fines)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution of Intention; and offer an Ordinance for first reading by title only and waive the full reading, giving notice of the City of Redding’s intent to amend the contract (C-99) with California Public Employees' Retirement System as allowed in Section 20516 of the Public Employees’ Retirement Law (Employees Sharing Additional Cost) for Unrepresented Public Safety Management employees.
Fiscal Impact
There is no fiscal impact by adopting the resolution for the additional cost sharing. The resolution reflects the City Council’s (Council) previous action.
Alternative Action
The Council could choose not to adopt the attached resolution and not introduce for reading by title only the attached ordinance. The City’s CalPERS contract for Unrepresented Public Safety Management group employees would not be changed.
Background
On May 4, 2021, the City Council adopted Resolution No. 2021-056 confirming the agreement between the City of Redding and the Classic Unrepresented Public Safety Management group for additional cost sharing of employer contributions to the California Public Employees Retirement System. The Classic CalPERS safety members affected agreed to pay an additional five and onehalf percent (5.5%) of the City’s employer contribution in total as follows:
MEETING DATE: November 1, 2022
ITEM NO. 9.15(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.15(c)--Consider Resolution of Intention and introduction of Ordinance amending the City of Redding's (City) Contract (C-99) with the California Public Employees' Retirement System (CalPERS) to allow Unrepresented Public Safety Management employees to share additional costs of the retirement benefit.
Sheri DeMaagd, Assistant
City Manager
Packet Pg. 251
Report to Redding City Council October 24, 2022
Re: 9.15(c)--Resolution of Intention and Ordinance - CalPERS Page 2 CalPERS Classic Public Safety Management Employees Contribution Increase (Tier 1: 3@50, Tier 2: 3@55 Formula)
• An additional one and one-half percent (1.5%) for a total of four and one-half percent (4.5%), effective June 13, 2021 [total employee contribution of 13.5%]; • An additional two percent (2%) for a total of six and one-half percent (6.5%), effective September 5, 2021 [total employee contribution of 15.5%]; • An additional two percent (2%) for a total of eight and one-half percent (8.5%), effective September 4, 2022 [total employee contribution of 17.5%].
In order for the City to amend its contract with CalPERS, there is a requirement by CalPERS that specific procedures established by the State of California’s statute be followed to initiate Unrepresented retirement contract amendments. Approval of the Resolution of Intention initiates the process for the contract amendment for the final two percent (2%) employee contribution increase. CalPERS requires that the City adopt a Resolution of Intention at least twenty (20) days prior to adopting an Ordinance that approves the contract amendment. Attached is the proposed Ordinance authorizing an amendment to the contract between the Board of Administration of CalPERS and the Council of the City of Redding. This is the first reading of the Ordinance, a second and final reading will follow for adoption.
The cost-sharing modification is permitted in Government Code Section 20516 and the pre-tax contributions are consistent with IRS Code Section 401(a). Per the CalPERS amendment process, staff will seek final adoption of the ordinance at the December 6, 2022, Council meeting with an effective date of the CalPERS contract amendment being January 8, 2023.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
Attachments
^Resolution of Intention Signature Page
^Cost Sharing Ordinance
^Resolution of Intention - CalPERS
Amendment to CalPERS Contract - Exhibit (C-99)
Packet Pg. 252
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council on the 1
st of November, 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. 253 Attachment: ^Resolution of Intention Signature Page (9.15(c)--Resolution of Intention and Ordinance - CalPERS) ORDINANCE NO. ______
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF REDDING AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM.
The City Council of the City of Redding does ordain as follows:
Section 1. That an amendment to the contract between the City Council of the City of Redding and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment on file in the City Clerk’s office, and by such reference made a part hereof as though herein set out in full.
Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.
Section 3. This ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of fifteen days from the passage thereof shall be published at least once in the Redding Record Searchlight, a newspaper of general circulation, published and circulated in the City of Redding, and thenceforth and thereafter the same shall be in full force and effect.
I HEREBY CERTIFY that this Ordinance was introduced and read at a regular meeting of the City Council of the City of Redding on the 1
st day of November, 2022; and was read and
adopted at a regular meeting of the City Council on the ____ day of ___________, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
KRISTEN SCHREDER, Mayor
ATTEST: FORM APPROVED:
_____________________________ ________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 254 Attachment: ^Cost Sharing Ordinance (9.15(c)--Resolution of Intention and Ordinance - CalPERS)
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF REDDING
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
Section 20516 (Employees Sharing Additional Cost) of an additional 2% for classic local safety members in the
Unrepresented Public Safety Management group.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.
By: _________________________________
Presiding Officer
_________________________________
Title
________________________________
Date adopted and approved
(Amendment) CalPERS ID# 4091792151
CON-302 (Rev. 6/12/19)
Packet Pg. 255 Attachment: ^Resolution of Intention - CalPERS (9.15(c)--Resolution of Intention and Ordinance - CalPERS) Packet Pg. 256
Attachment: Amendment to CalPERS Contract - Exhibit (C-99) (9.15(c)--Resolution of Intention and Ordinance - CalPERS) Packet Pg. 257
Attachment: Amendment to CalPERS Contract - Exhibit (C-99) (9.15(c)--Resolution of Intention and Ordinance - CalPERS) Packet Pg. 258
Attachment: Amendment to CalPERS Contract - Exhibit (C-99) (9.15(c)--Resolution of Intention and Ordinance - CalPERS) Packet Pg. 259
Attachment: Amendment to CalPERS Contract - Exhibit (C-99) (9.15(c)--Resolution of Intention and Ordinance - CalPERS) Packet Pg. 260
Attachment: Amendment to CalPERS Contract - Exhibit (C-99) (9.15(c)--Resolution of Intention and Ordinance - CalPERS) Packet Pg. 261
Attachment: Amendment to CalPERS Contract - Exhibit (C-99) (9.15(c)--Resolution of Intention and Ordinance - CalPERS) Packet Pg. 262
Attachment: Amendment to CalPERS Contract - Exhibit (C-99) (9.15(c)--Resolution of Intention and Ordinance - CalPERS)