Redding City Council
April 4, 2023

March 2023
Would the project result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, need for
new or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
b) Police Protection?
c) Schools?
d) Parks?
e) Other public facilities?
Discussion
a-e) The proposed project would not cause substantial adverse physical impacts on government facilities or negatively affect public services. Similarly, access to schools, parks, and other public facilities would not be affected since access will be maintained through the project area during construction. Proposed contractor construction access in the area may temporarily interfere with access to the boat ramp. The proposed project would not result in substantial conflict or lack of emergency access. The proposed project would have a less-than-significant temporary impact, and no permanent impact, on public services.

Documentation
 City of Redding General Plan, Public Facilities Element, 2000.

Mitigation
No mitigation required.

XVI. RECREATION
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
Packet Pg. 505 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study Turtle Bay Boat Ramp Project Page 41
February 2023
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
Discussion
a) The proposed project primarily involves boating and fishing recreation, and would not impact the number of users at existing neighborhood or regional parks or the physical deterioration of those facilities. The project would have no impact.
b) The larger project components include widening the existing boat ramp, creating a drift boat beach, installing a new restroom, expanding the parking lot, and extending the Sacramento River Trail approximately 650 feet. The proposed project will have a minor impact on native trees and require fill in jurisdictional waters; however, these impacts would not have a significant physical effect on the environment. The project would have a less than significant impact.

Documentation
 City of Redding General Plan, Recreation Element, 2000.  City of Redding General Plan, Public Facilities Element, 2000.

Mitigation
No mitigation required.

XVII. TRANSPORTATION
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including
transit, roadway, bicycle and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)?
Packet Pg. 506 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
Discussion
a) Construction of the proposed project would generate vehicle trips associated with worker commutes and material and equipment hauling. The increases in trips per day on local and regional roadways within the City could affect roadway capacity and circulation by introducing slower movements and larger turning radii of construction trucks compared to passenger vehicles if the number of trips were to result in a significant increase from the current local conditions.

The proposed project would generate construction traffic throughout the 10-month construction period with periods of heavier use (i.e., during grading) and periods of minimal vehicle use (i.e., site restoration). The proposed project would not conflict with the City of Redding General Plan policies or the City of Redding Parks, Trails, and Open Space Master Plan (City of Redding 2018). The proposed project would not conflict with any program, ordinance, or policy addressing the circulation system, and the impact would be less than significant. b) Section 15064.3(b) of the current CEQA Guidelines shifts transportation impact analysis from a level of service (LOS) standard to a vehicle miles traveled (VMT) standard that refers to the amount and distance of automobile travel attributable to a project. However, VMT does not currently include recreational uses. The proposed project would require some haul, vendor, and worker trips over the 10-month construction period. The technical advisory provided by the Office of Planning and Research (OPR) provides that projects with less than 110 trips per day are presumed less than significant (OPR 2018). The proposed project would result in less than 110 trips per day during construction and would result in no additional maintenance trips during operation of the proposed project. The proposed project would result in a less than significant impact.
c) The proposed project, once constructed, would be consistent with existing use and would not result in changes to roadways causing an increase in hazards due to a geometric design feature or incompatible use on any roadways in the area. During construction, equipment and vehicles would be intermittently entering and exiting Aoki Way. This could pose a potential hazard from interaction with the general public on this public roadway. However, construction activities would be temporary and would largely occur within the closed boat launch area (i.e., away from the public roadways) and would not result in a substantial hazard. The proposed project would have no impact related to hazards from geometric design features.

Packet Pg. 507 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study Turtle Bay Boat Ramp Project Page 43
February 2023
d) Construction of the proposed project would not substantially interfere with emergency access.

Constriction activities would be short-term and temporary in nature with possible partial closure and restrictions on Aoki Way. Construction will occur at the end of a dead-end road and through traffic is not possible in the baseline condition. Emergency vehicles would be allowed to come into and out of the construction area as needed. Once constructed, the proposed project area would be open and would not impact emergency access. Therefore, the impact would be less than significant.

Documentation
 City of Redding General Plan, Transportation Element, 2000.  City of Redding Parks, Trails, and Open Space Master Plan, 2018.  California Office of Planning and Research (OPR). 2018. Technical Advisory On Evaluation Transportation Impacts in CEQA. http://opr.ca.gov/docs/20190122- 743_Technical_Advisory.pdf.

Mitigation
No mitigation required.

XVIII. TRIBAL CULTURAL RESOURCES
Would the project: cause a substantial adverse change
in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a
site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope
of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that
is:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources Code section 5020.1(k), or
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

Discussion
a, b) A letter was sent to the NAHC on February 10, 2022, requesting a review of their Sacred Lands File and contact information for potentially interested individuals. A response was received on Packet Pg. 508 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023
February 28, 2022, which reported that no Native American cultural sites are known in the project area. On February 28, 2022, letters were sent to individuals/groups who may have information regarding the proposed project area. On August 17, 2022, the City sent formal notification of determination that a decision to undertake a project, and notice of consultation opportunity, pursuant to Public Resources Code § 21080.3.1. Two local Tribes responded, and consultation is ongoing. No tribal cultural resources were identified in the project area, and the proposed project would have no impact on tribal cultural resources.

Documentation
 Anthropological Studies Center at Sonoma State University. 2022. Archaeological Resources Study of the Turtle Bay Boat Ramp.

Mitigation
No mitigation required.

XIX. UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Require or result in the relocation or construction
of new or expanded water, wastewater treatment
or storm water drainage, electric power, natural
gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
Packet Pg. 509 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study Turtle Bay Boat Ramp Project Page 45
February 2023
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
e) Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?
Discussion
a) The proposed project would not require construction or relocation of water, electrical, natural gas, or telecommunication facilities. The proposed project would require modification and replacement of storm water and wastewater facilities due to the proposed new restroom and expansion of the parking lot. The proposed project would not result in any other infrastructure improvements or require relocation of existing infrastructure beyond what has been analyzed herein; therefore, the proposed project would have a less than significant impact. b) Construction and operation of the proposed project would not require the use of potable water.

Water required for construction use, such as for dust control and pipeline testing, would be available from the City’s existing water resources and would not require substantial amounts of additional water supplies. Operation of the proposed project would not require water exceeding existing use. The proposed project would have sufficient water supplies to serve the project, and the impact would be less than significant.
c) The proposed project would provide wastewater conveyance capacity similar to the existing capacity. The existing wastewater lines will be replaced and relocated. The existing restroom is operated by a small wastewater lift station that serves only the surrounding businesses. The lift station would not be improved and the project would not create additional wastewater capacity.

The project has no potential to induce growth and the project would have no impact. d,e) The proposed project construction activities would generate a minor amount of debris requiring disposal at a suitable facility, such as the City’s West Central Landfill, which has sufficient permitted capacity to accommodate the proposed project with 6,589,044 cubic yards of remaining capacity and a maximum permitted capacity of 700 tons per day (CalRecycle 2019).

Standard construction specifications would require recycling of some materials such as concrete to reduce landfill waste. Any potentially hazardous materials would be disposed of at an approved landfill. Through construction specifications, the City will confirm that the proposed project complies with federal, state, and local statutes and regulations pertaining to recycling and disposal of solid waste. The impact would be less than significant.

Documentation
 City of Redding General Plan, Public Facilities Elements, 2000.  CalRecycle. 2019. Facility Operations, West Central Landfill. https://www2.calrecycle.ca.gov/SWFacilities/Directory/45-AA-0043/Detail/. Mitigation No mitigation required.

Packet Pg. 510 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023
XX. WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones,
would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations from
a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
Discussion
a-d) The proposed project area is within a local responsibility area and is in an area designated by CAL FIRE that is a ‘Non-Very High Fire Severity Zone”. While all undeveloped areas are susceptible to wildfire, the proposed project would be constructed in compliance withal applicable local, state, and federal requirements, including the California Fire Code, which would minimize the potential for construction equipment to spark a wildland fire. The proposed project would not affect emergency evacuation plans, result in the uncontrolled spread of wildfire, require installation or maintenance of associated wildfire infrastructure, or expose people or structures to significant risks related to wildfires. The proposed project would result in a less-than-significant impact related to wildfires. Construction and operational impacts related to fire hazards would be less than significant.

Documentation
 CAL FIRE. 2008. Very High Fire Severity Zones in LRA- Shasta County. https://osfm.fire.ca.gov/media/6806/fhszl_map45.pdf.
 City of Redding. 2000-2020 General Plan. Health and Safety Element.

Mitigation
No mitigation required.

Packet Pg. 511 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study Turtle Bay Boat Ramp Project Page 47
February 2023
XXI. MANDATORY FINDINGS OF SIGNIFICANCE
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Does the project have the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop
below the self-sustaining levels, threaten to
eliminate a plant or animal community,
substantially reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)?
c) Does the project have potential environmental
effects which may cause substantial adverse
effects on human beings, either directly or
indirectly?
Discussion
a) The proposed project would have minimal potential to degrade the quality of the environment, affect wildlife populations or their habitats, or reduce the number or restrict the range of rare or endangered plant and animal species. Although special-status wildlife species, including Central Valley spring-run ESU Chinook salmon, Sacramento River winter-run ESU Chinook salmon, and Central Valley DPS steelhead, including designated habitat for these species may be impacted by implementation of the proposed project, standard conservation measures, BMPs, and mitigation measures will be used to avoid adverse impacts on these species.

Additionally, implementation of the proposed project is not anticipated to impact cultural resources, therefore the proposed project would not eliminate examples of history or prehistory. b) As described in Section III, the proposed project could temporarily contribute to cumulative air quality impacts. However, these impacts would be considered less than significant and under policy of the City’s General Plan, application of standard BMPs would eliminate the potential for air quality impacts during project implementation. Upon project completion the proposed project would not result in an increase in emissions and would therefore not be cumulatively considerable. The project’s potential cumulative traffic impacts would be less than significant.

Packet Pg. 512 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023
c) As discussed in this document, the proposed project does not include any activities that cannot be mitigated to a less-than-significant level or that could otherwise cause substantial adverse impacts on human beings, either directly or indirectly.

Documentation
 See all sections above
Mitigation
MM-1. All in-water work shall occur during April 1 through June 30 to avoid peak times when listed juvenile anadromous fish would be present.

MM-2. Prior to any in-water work, qualified fish biologists, in consultation with CDFW, shall utilize seine netting to work from the edge of water, outward just before berm construction to remove any individuals that could be within the work area. No handling of fish shall occur. Prior to completion of the gravel berm, the area will be surveyed and seined again by qualified fish biologists to ensure absence of fish in the work area. The berm will serve as a barrier to the in-water portion of the project area. After the gravel berm is constructed, the work pad may be constructed.

MM-3. Prior to any placement of gravel in water, heavy equipment operation practices shall be implemented that minimize the potential for injury or death of listed fish species, including alerting fish to equipment operation in the channel before gravel is placed in the water (i.e. slow, deliberate equipment operation and gently tapping water surface prior to entering or placing gravels in the river channel).

MM-4. The gravel berm and work pad shall be constructed out of ¾-inch minus, silt free, clean, spawning-grade gravel that meets Caltrans’ cleanness test (California Test No. 227) with a value of 85 or higher. Upon construction completion, the gravel berm would be breached and the gravel pad and berm would be left in place to provide the benefit of approximately 236 cubic yards of spawning grade gravels to augment spawning opportunities for salmon.

MM-5. Twenty-four hours (24-hours) prior to initiation of ground disturbance or vegetation removal within 50-feet of suitable reptile and/or amphibian habitat (i.e., Sacramento River and riparian areas), a qualified biologist shall perform a pre-construction survey for western pond turtle, their nests, and foothill yellow-legged frog. If western pond turtles, their nests, or yellow-legged frog are encountered in the project area during construction and could be harmed by construction activities, work will stop immediately in the area and CDFW will be notified. Upon authorization from CDFW, a qualified biologist may relocate the individual(s) the shortest distance possible to a location containing habitat outside of the construction impact zone.

MM-6. If construction or vegetation removal occurs during the nesting season, February 1 through August 31 for birds and November 1 through July 15 for raptors, a qualified biologist shall conduct a pre-construction survey to locate active nests. The pre-construction survey will be performed no more than 7 days prior to the implementation of construction activities. If a lapse in construction activities occurs for 7 days or longer, another pre-construction survey will be performed. If an active nest is Packet Pg. 513 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study Turtle Bay Boat Ramp Project Page 49
February 2023
found, a qualified biologist (in consultation with the CDFW) will determine the extent of a buffer zone to be established around the nest.

MM-7. Removal of large trees (10-inch dbh or greater) with cavities, crevices, or snags shall occur before maternity colonies form (i.e., prior to March 1) or after young are volant (i.e., after August 15).

If construction (including the removal of large trees) occurs during the non-volant season (March 1 through August 15), a qualified biologist shall conduct a pre-construction survey of the project area to locate maternity colonies and identify measures to protect the colonies from disturbance. The preconstruction survey will be performed no more than seven days prior to the implementation of construction activities. If a lapse in construction activities for seven days or longer occurs between those dates, another pre-construction survey will be performed. If a maternity colony is found a qualified biologist (in consultation with the CDFW) will determine the extent of a construction-free buffer zone to be established around the nest.

Packet Pg. 514 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 515 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study

APPENDIX A
Figure 1 – Project Vicinity
Figure 2 – Project Area
Figure 3 – Project Action Area
Figure 4 – Boat Launch Ramp Section
Packet Pg. 516 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 517 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 518 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 519 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 520 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 521 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Sundial Bridge Dr
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Legend
Action Area
Project Area
FIGURE 3
Date 11/10/2022
Revision No. -
Project No. 12558750
Action Area
Turtle Bay Boat Ramp
Improvement Project
City of Redding
Grid: NAD 1983 StatePlane California I FIPS 0401 Feet
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983 N 0 100 200 300 400 500 Feet
Paper Size ANSI A
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Date 11/10/2022
Revision No. -
Project No. 12558750
Boat Launch Ramp Section
Turtle Bay Boat Ramp
Improvement Project
City of Redding
N
Paper Size ANSI A
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Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp

ATTACHMENT C
Mitigation Monitoring and Environmental Commitment Program Packet Pg. 526 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 527 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Turtle Bay Boat Ramp Project Page 1
March 2023

MITIGATION MONITORING AND

ENVIRONMENTAL COMMITMENT PROGRAM

TURTLE BAY BOAT RAMP PROJECT
(STATE CLEARINGHOUSE NO. 2023020064)

MITIGATION MONITORING PROGRAM CONTENTS
This document is the Mitigation Monitoring and Environmental Commitment Program (MMP/ECP) for the Turtle Bay Boat Ramp Project (project). The MMP/ECP includes a brief discussion of the legal basis for, and the purpose of, the program, discussion, and direction regarding complaints about noncompliance; a key to understanding the monitoring matrix; and the monitoring matrix.

LEGAL BASIS OF AND PURPOSE FOR THE MITIGATION MONITORING PROGRAM California Public Resources Code Section 21081.6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying an environmental impact report (EIR) or a mitigated negative declaration (MND). This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process.

The MMP contained herein is intended to satisfy the requirements of CEQA as they relate to the Initial Study/Mitigated Negative Declaration prepared for the project. It is intended to be used by City of Redding (City) staff, participating agencies, project contractors, and mitigation monitoring personnel during implementation of the project.

Mitigation is defined by CEQA Guidelines Section 15370 as a measure that does any of the following:
 Avoids impacts altogether by not taking a certain action or parts of an action.  Minimizes impacts by limiting the degree or magnitude of the action and its implementation.  Rectifies impacts by repairing, rehabilitating, or restoring the impacted environment.  Reduces or eliminates impacts over time by preservation and maintenance operations during the life of the project.
 Compensates for impacts by replacing or providing substitute resources or environments.

The intent of the MMP is to ensure the effective implementation and enforcement of adopted mitigation measures and permit conditions. The MMP will provide for monitoring of construction activities as necessary, onsite identification and resolution of environmental problems, and proper reporting to City staff.

In addition to meeting the CEQA MMP requirements, this document incorporates environmental commitments, standard practices, conservation measures, and best management practices (BMPs).

The environmental commitments may be part of the project design, standard contract specifications, City requirements, or conservation measures. These commitments are part of the project, but they do not constitute mitigation under CEQA as they have not been incorporated to reduce a potentially significant impact.

Packet Pg. 528 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program

March 2023

MITIGATION MONITORING/ENVIRONMENTAL COMMITMENT PROGRAM TABLE The MMP/ECP Table identifies the mitigation measures and commitments proposed for the project.

The tables have the following columns:
 Mitigation Measure: Lists the mitigation measures identified within the Initial Study for a specific potentially significant impact, along with the number for each measure as enumerated in the Initial Study.
 Environmental Commitment: Lists the commitments identified within the project that are not related to a potentially significant CEQA impact, but further ensure environmental resource protection.
 Timing: Identifies at what point in time, review process, or phase the mitigation measure will be completed.
 Agency/Department Consultation: References the City department or any other public agency with which coordination is required to satisfy the identified mitigation measure.  Verification: Spaces to be initialed and dated by the individual designated to verify adherence to a specific mitigation measure.

NONCOMPLIANCE COMPLAINTS
Any person or agency may file a complaint asserting noncompliance with the mitigation measures and commitments associated with the project. The complaint shall be directed to the City in written form, providing specific information on the asserted violation. The City shall investigate and determine the validity of the complaint. If noncompliance with a mitigation measure has occurred, the City shall take appropriate action to remedy any violation. The compliant shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance issue.

Packet Pg. 529 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Turtle Bay Boat Ramp Project Page 3
March 2023

MITIGATION MONITORING AND ENVIRONMENTAL COMMITMENT PROGRAM TABLE

TURTLE BAY BOAT RAMP PROJECT

MITIGATION MONITORING PROGRAM
(STATE CLEARINGHOUSE NO. 2023020064)

ENVIRONMENTAL COMMITMENTS
The following environmental commitments will be incorporated into the project to further protect environmental and biological resources:

Best Management Practices
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and Initials)
Air Quality (AQ)
AQ-1. Nontoxic soil stabilizers will be applied according to manufacturer’s specification to all inactive construction areas.

Construction Construction
Management
AQ-2. All grading operations will be suspended when winds (as instantaneous gusts) exceed 20 miles per hour.

Construction Construction
Management
AQ-3. Water all stockpiles, access roads, and disturbed or exposed areas, as necessary, to prevent airborne dust.

Construction Construction
Management
AQ-4. Pursuant to the California Vehicle Code (Section 23114(e)(4)) (California Legislative Information 2016), all trucks hauling soil and other loose material to and from the construction site will be covered or will maintain at least 6 inches of freeboard (i.e., minimum vertical distance between top of load and the trailer).

Construction Construction
Management
AQ-5. All public roadways used by the project contractor will be maintained free from dust, dirt, and debris caused by construction activities. Streets will be swept at the end of the day if visible soil materials are carried onto adjacent public paved roads.

Construction Construction
Management
Biological Resources (BIO)
BIO-1. As required by the City of Redding Stormwater Quality Management and Discharge Control Ordinance, an erosion and sediment control plan (ESCP) or will be prepared to address BMPs that will be used to prevent erosion and sediment loss. The ESCP must also address dust control, spill control, pollution control, waste management, equipment maintenance and fueling, and materials storage within the project site.

Preconstruction/
Construction
City/
Construction
Management
Packet Pg. 530 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Turtle Bay Boat Ramp Project Page 4
March 2023
Best Management Practices
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and Initials)
BIO-2. Appropriate erosion and sediment control measures (e.g., silt fences, straw wattles) shall be in place prior to the onset of construction activities near jurisdictional waters and in project areas where there is a potential for surface runoff to drain into jurisdictional waters. The measures shall be monitored and maintained until construction activities have ceased.

Preconstruction/
Construction
City/
Construction
Management
BIO-3. High visibility fencing, flagging, or markers will be installed along the edges of the work zone near avoided waters and riparian areas. In addition, equipment entry and exit points; and staging, storage, and stockpile areas must be clearly marked prior to the entry of mechanized equipment or vehicles into the construction area.

Preconstruction/
Construction
City/
Construction
Management
BIO-4. The construction area will be fenced, staked, or flagged as close to the limits as feasible. Preconstruction/ Construction
City/
Construction
Management
BIO-5. A qualified biologist will provide training for all contractors, work crews, and any onsite personnel on the status of the VELB, its host plant and habitat, the need to avoid damaging the elderberry shrubs, and possible penalties for noncompliance.

Preconstruction/
Construction
City/
Construction
Management
Cultural Resources (CR)
CR-1. If previously unidentified cultural materials are unearthed during construction, it is City policy that work be halted in that area until a qualified archaeologist can assess the significance of the find. Additional archaeological surveys will be needed if the proposed project undertaking limits are extended beyond the present survey APE limits. The final disposition of archaeological, historical, and paleontological resources recovered on State land under the jurisdiction of the California State Lands Commission must be approved by the Commission.

Construction City/
Construction
Management
CR-2. If human remains are discovered during project activities, all activities near the find will be stopped, and the Shasta County Sheriff-Coroner’s Office will be notified. If the coroner determines that the remains may be those of a Native American, the coroner will contact the Native American Heritage Commission (NAHC). Treatment of the remains will be conducted in accordance with further direction of the County Coroner or NAHC, as appropriate.

Construction City/NAHC/
County Coroner
Hazards and Hazardous Materials (HAZ)
HAZ-1. Hazardous materials, including fuels, oils, cement, and solvents will be stored and contained in an area protected from direct runoff and away from areas where they could enter waters of the United States.

Construction City/
Construction
Management
Packet Pg. 531 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Turtle Bay Boat Ramp Project Page 5
March 2023
Best Management Practices
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and Initials)
HAZ-2. Construction equipment will be inspected daily for leaks. Leaking fluids will be contained upon detection, and equipment repairs will be made as soon as practicable, or the leaking equipment will be moved offsite.

Construction City/
Construction
Management
HAZ-3. Secondary containment such as drip pans or absorbent materials will be used to catch spills or leaks when removing or changing fluids. Secondary containment will be used for storage of all hazardous materials.

Construction City/
Construction
Management
HAZ-4. Spill containment and clean-up materials will be kept onsite at all times for use in the event of an accidental spill.

Construction City/
Construction
Management
HAZ-5. Absorbent materials will be used on small spills rather than hosing down or burying the spill. The absorbent material will be promptly removed and disposed of properly.

Construction City/
Construction
Management
Hydrology and Water Quality (WQ)
WQ-1. All construction work and stockpiling of materials will be confined to the project disturbance area.

Construction City/
Construction
Management
WQ-2. Temporary stockpiling of excavated or imported material will be placed in upland areas. Construction City/ Construction
Management
WQ-3. Excess soil will be used onsite or disposed of at a regional landfill or other appropriate facility.

Construction City/
Construction
Management

CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATION MEASURES Resource-specific mitigation measures that will be used during project implementation include the following:

Packet Pg. 532 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Turtle Bay Boat Ramp Project Page 6
March 2023
Mitigation Measure (MM)
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and Initials)
Biological Resources (BIO)
MM-1. All in-water work shall occur during April 1 through June 30 to avoid peak times when listed juvenile anadromous fish would be present.

Construction City/
Construction
Management
MM-2. Prior to any in-water work, qualified fish biologists, in consultation with CDFW, shall utilize seine netting to work from the edge of water, outward just before berm construction to remove any individuals that could be within the work area. No handling of fish shall occur.

Prior to completion of the gravel berm, the area will be surveyed and seined again by qualified fish biologists to ensure absence of fish in the work area. The berm will serve as a barrier to the in-water portion of the project area. After the gravel berm is constructed, the work pad may be constructed.

Preconstruction/
Construction
City/
Construction
Management
MM-3. Prior to any placement of gravel in water, heavy equipment operation practices shall be implemented that minimize the potential for injury or death of listed fish species, including alerting fish to equipment operation in the channel before gravel is placed in the water (i.e. slow, deliberate equipment operation and gently tapping water surface prior to entering or placing gravels in the river channel).

Preconstruction/
Construction
City/
Construction
Management
MM-4. The gravel berm and work pad shall be constructed out of ¾-inch minus, silt free, clean, spawning-grade gravel that meets Caltrans’ cleanness test (California Test No. 227) with a value of 85 or higher. Upon construction completion, the gravel berm would be breached and the gravel pad and berm would be left in place to provide the benefit of approximately 236 cubic yards of spawning grade gravels to augment spawning opportunities for salmon.

Construction City/
Construction
Management
MM-5. Twenty-four hours (24-hours) prior to initiation of ground disturbance or vegetation removal within 50-feet of suitable reptile and/or amphibian habitat (i.e., Sacramento River and riparian areas), a qualified biologist shall perform a pre-construction survey for western pond turtle, their nests, and foothill yellow-legged frog. If western pond turtles, their nests, or yellowlegged frog are encountered in the project area during construction and could be harmed by construction activities, work will stop immediately in the area and CDFW will be notified.

Upon authorization from CDFW, a qualified biologist may relocate the individual(s) the shortest distance possible to a location containing habitat outside of the construction impact zone.

Preconstruction/
Construction
City/
Construction
Management
Packet Pg. 533 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp City of Redding
Public Works Department, Engineering Division Mitigation Monitoring Program Turtle Bay Boat Ramp Project Page 7
March 2023
Mitigation Measure (MM)
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and Initials)
MM-6. If construction or vegetation removal occurs during the nesting season, February 1 through August 31 for birds and November 1 through July 15 for raptors, a qualified biologist shall conduct a pre-construction survey to locate active nests. The pre-construction survey will be performed no more than 7 days prior to the implementation of construction activities. If a lapse in construction activities occurs for 7 days or longer, another pre-construction survey will be performed. If an active nest is found, a qualified biologist (in consultation with the CDFW) will determine the extent of a buffer zone to be established around the nest.

Construction City/
Construction
Management
MM-7. Removal of large trees (10-inch dbh or greater) with cavities, crevices, or snags shall occur before maternity colonies form (i.e., prior to March 1) or after young are volant (i.e., after August 15). If construction (including the removal of large trees) occurs during the non-volant season (March 1 through August 15), a qualified biologist shall conduct a pre-construction survey of the project area to locate maternity colonies and identify measures to protect the colonies from disturbance. The pre-construction survey will be performed no more than seven days prior to the implementation of construction activities. If a lapse in construction activities for seven days or longer occurs between those dates, another pre-construction survey will be performed. If a maternity colony is found a qualified biologist (in consultation with the CDFW) will determine the extent of a construction-free buffer zone to be established around the nest.

Construction City/
Construction
Management
Packet Pg. 534 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Packet Pg. 535 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp

ATTACHMENT D
Comments and Response to Comments (if any)
Packet Pg. 536 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 537 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Turtle Bay Boat Ramp Project
Response to Public Comments Received on CEQA Initial Study/Mitigated Negative Declaration, State Clearinghouse #2023020064
In accordance with the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) for the Turtle Bay Boat Ramp Project was made available to the public and interested agencies for a minimum 30-day review period. The agency review period was managed by the State Clearinghouse (SCH) and closed on March 3, 2023. The public review period was managed by staff and also closed on March 3, 2023. All written comments received during the public and agency review period are attached, along with written responses to environmental issues raised by commenters on the IS/MND. Comments received on the public draft IS/MND do not identify new significant impacts or significant new information that would require recirculation of the draft IS/MND pursuant to CEQA Guidelines Section 15073.5. This technical memorandum is being used to summarize comments and support adoption of the public draft IS/MND.

Response to Comments
A total of four comment letters were received regarding the IS/MND. The comment letters were submitted by the California State Lands Commission, the Redding Rodeo Association, Marj Cantrell, and the California Department of Fish and Wildlife. The letters are attached to this technical memorandum:

California State Lands Commission (Letter A)

1. Letter A was submitted by the California State Lands Commission and includes four comments related to the figures and cultural resources.

Comment 1 and Comment 2. Maps and Figures:

Response: The City of Redding looks forward to coordinating with you to obtain a new lease for the boat ramp. Given the grant timeline and limited value in regard to public disclosure, the City is not able to add revised mapping and figures at this time. However, the City will provide new and modified maps and figures to your office during the lease coordination process.

Comment 3 and Comment 4. Cultural Resources:

Response: The City has added the requested language to the final CEQA document.

Redding Rodeo Association (Letter B)

2. Letter B was submitted by the Redding Rodeo Association and includes 14 comments.

Comment 1. Events and Activities:

Response: The boat ramp parking area is a public lot, outside of the Rodeo lease area. The construction project schedule will address impacts to community events by limiting construction activities during specified windows. With environmental restrictions and permitting, the in-water Packet Pg. 538 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) 2 work window is limited to between April 1 and June 30 of any given construction year.

Construction area footprints and activities will be limited during events in this window and written into the construction contract.

Comment 2. Inclusion and Input:

Response: The IS/MND/MMP documents were sent to the State Clearinghouse for a 30-day public review period and distribution to pertinent state agencies. The documents were sent to local resource agencies, the Shasta County Clerk, and posted on the Public Works Department website.

A public notice was also sent to landowners in the vicinity of the project and a Notice of Intent was posted in the local newspaper. In additions, the Rodeo Association has attended and hosted project meetings during the development process.

Comment 3. Contractual Concerns:

Response: There are no funds allocated for construction at this time. Staff anticipates a build year of 2027, the year in which the kayak launch at Riverfront Park can be decommissioned. There are some impacts to the lease area, and staff anticipates negotiating the lease area should the lease be renewed. Per the design team, the construction window is adequate for the work required to complete the task. Should a delay occur, the same contract provisions concerning work windows and facility availability would be in effect to minimize impacts to existing events and operations.

Comment 4. Declaration:

Response: The Turtle Bay Boat Ramp Project has been in the planning process for approximately 3-years. In addition to public outreach and consultation with state and federal resource agencies, technical and scientific studies were conducted to identify, and allow the City to consider, any direct and reasonably foreseeable indirect physical changes in the environment which may be caused by the project.

Unfortunately the comment regarding missing, flawed, incomplete, or erroneous information cannot be addressed, as it is not specific to an environmental resource and does not contain detailed information that can be reviewed by the City.

The City provided the Notice of Intent to Adopt a Mitigated Negative Declaration in compliance with the California Environmental Quality Act (CEQA) Guidelines, Section 15072. Please see the response to comment number 2 for detail.

Comment 5. Incomplete Evaluation:

Response: All environmental factors were evaluated and considered in the Initial Study; however, only those with a potentially significant impact were included in the table. The final environmental document will be modified to include a statement indicating that these categories would have potentially significant impacts.

Packet Pg. 539 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) 3 Comment 6. Page Two of the Declaration:

Response: All environmental factors were evaluated and considered in the Initial Study. The findings in the Initial Study are supported by consultation with state and federal resource agencies, as well as the technical and scientific studies conducted for the project.

Comment 7. Hydrological Concerns:

Response: As described in the Initial Study, Section X(c). Hydrology and Water Quality, a Floodplain Encroachment Assessment was prepared by Pacific Hydrologic Incorporated (PHI) to evaluate potential impacts to the Federal Emergency Management Agency (FEMA) regulatory 100-year floodplain and designated floodway. PHI determined that the project and associated improvements are not within the designated floodway or FEMA floodplain and the project would not result in an encroachment or fill.

Comment 8. Water Quality and Pollution Concerns:

Response: The City has conducted multiple meetings with the regulatory agencies from which a permit or approval will be required. These agencies include the California State Water Resources Control Board, the California Department of Fish and Wildlife, the U.S. Army Corps of Engineers, and the National Marine Fisheries Service. Each of these agencies are familiar with the project and have provided input regarding construction timing and methods to reduce impacts to water quality. A discussion of potential water quality impacts and conservation measures can be found in the Initial Study, Section X(c). Hydrology and Water Quality.

The proposed project is not anticipated to increase use, but instead it will better accommodate the existing boat launch users. The boat ramp will be widened by 3-feet which will allow two vehicles to launch their non-motorized boats at the same time. The existing ramp allows only a single boat to be launched, while the other vehicles sit while waiting to launch.

Water quality will be improved, as the City’s Municipal Separate Storm Sewer Systems (MS4) General Permit requires the project to incorporate storm water treatment features. The treatment features will filter vehicle contaminants from the storm water before it leaves the parking area.

The construction will also address current sediment runoff issues stemming from the rodeo ground in-field drainage system, reducing turbidity caused during rain events. The project will improve habitat with new shaded aquatic zones, reduced runoff, and the removal of invasive species. The California Department of Fish and Wildlife has requested that the City improve the existing boat launch facility, so that other kayak and drift boat facilities can be decommissioned. The other boat launch facilities need to be decommissioned as they are located in areas where human activity, sediment, and turbidity are harming salmonid redds.

Packet Pg. 540 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) 4 Comment 9. Concrete:

Response: The project does not include a dam, and the berm has been incorporated based on input from the resource agencies. The berm will consist of clean washed spawning gravel, will prevent construction sediment from creating turbidity in the river, and will be left in the river upon completion to encourage downstream spawning. The widened boat ramp section will be pre-cast concrete and placed in the river. The City is coordinating with the resource agencies and will obtain all necessary permits and approvals.

Comment 10. Section 404 of the Federal Clean Water Act:

Response: While it is not required, the City has conducted early consultation with the appropriate regulatory agencies. Please see the response to comment 8.

Comment 11. California Environmental Quality Act Compliance:

Response: The City is in compliance with CEQA. The CEQA Guidelines Section 15074(b) states, “Prior to approving a project, the decision-making body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis.” Adoption of the Mitigated Negative Declaration and Mitigation and Monitoring Program, and approval of the project, is a requirement of CEQA, but does not ensure project funding or future project approvals. Grant funding was used to perform the environmental and design phases of the project; however, additional City Council approval(s) will be required if a funding mechanism is identified for construction.

Comment 12. Mitigated Negative Declaration:

Response: CEQA Guidelines Section 15063(a) states, “Following preliminary review, the Lead Agency shall conduct an Initial Study to determine if the project may have a significant effect on the environment.” If the agency determines that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, then an EIR is prepared. Neither the Initial Study nor the comment letter provide evidence of any potentially significant impact that cannot be mitigated to a level that is less than significant.

Preparation of an EIR is not warranted.

Comment 13. Environmental Impact Report:

Response: Neither the Initial Study nor the comment letter provide evidence of any potentially significant impact. Preparation of an EIR is not warranted and a formal alternatives analysis is not required. Unfortunately the comment regarding flaws in the mitigation measures is vague and provides no information regarding a specific environmental resource, mitigation measure, or why Packet Pg. 541 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) 5 the commenter believes it is flawed. Due to the generality, the City is unable to address this comment.

Comment 14. Summary:

Response: The City has prepared the Initial Study, Mitigated Negative Declaration, and Mitigation and Monitoring Program based on public outreach, consultation with state and federal resource agencies, as well as technical and scientific studies. Based on the whole record (including the Initial Study, supporting documentation, and public comment) and the mitigation measures incorporated into the project, there is no substantial evidence that the project will have a significant effect on the environment.

Marj Cantrell (Letter C)

3. Letter C was submitted by Marj Cantrell and includes 5 comments.

Comment 1. Public Input:

Response: City staff held a stakeholder meeting at the Redding Rodeo Grounds on March 24, 2022. The meeting included members of the fishing and guide community, the Rodeo Association, representatives from the paddle sport community, Redding Memorial Park, Turtle Bay, the Civic Auditorium and Shasta Living Streets. Additionally, two meetings were held with Rodeo Association staff on August 2, 2022, and November 15th, 2022. Several on site meetings have taken place with Redding Memorial Park staff and the Wintu Tribe of Northern California on June 3, 2022.

Comment 2. Existing Facility and River Closure:

Response: In the last decade, boating activity in Redding has seen a steady rise, and this stretch of the river provides a world-class fly-fishing experience. The City’s use data indicates the ramp’s popularity has contributed to an over-capacity condition, as the narrow launch ramp does not allow two boats to efficiently launch at one time. Those who use the facility have expressed concern for the lack of capacity and the floating dock’s inadequacy for use by drift boats, which are extremely common in the river.

Comment 3. Expanded Parking:

Response: The Redding Rodeo Association leases land from the City, and the Turtle Bay Boat Ramp Project abuts the rodeo grounds. The project will impact a small portion of the lease area, and staff anticipates negotiating the lease area should the lease be renewed. Additional parking is needed to meet current recreational demands. The construction project schedule will address impacts to community events by limiting construction activities during specified windows.

Comment 4. Alternate Location:

Response: This project is a refurbishment of an existing facility as well as a decommissioning of an existing non-motorized launch. The California Department of Fish and Wildlife approached Packet Pg. 542 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) 6 the City regarding the Riverfront Park ramp requesting it be decommissioned to improve salmonid habitat. Those users should be relocated to a similar position on the river, and the existing boat ramp cannot handle the increased demand. Additionally, the aged facility requires a major facelift to meet standards for ADA accessibility and to improve public safety.

Construction of a new boat ramp in a new location (Turtle Bay East off of Bechelli Lane or other) would have a much greater environmental impact (fish, water quality, traffic, etc.). Widening the existing boat ramp is cost effective and results in less environmental impact.

Comment 5. Public Comment Period:

Response: In addition to the public outreach that was conducted for the project (see response to comment 1), the IS/MND/MMP documents were sent to the State Clearinghouse for a 30-day public review period and distribution to pertinent state agencies. The documents were sent to local resource agencies, the Shasta County Clerk, and posted on the Public Works Department website. A public notice was also sent to landowners in the vicinity of the project and a Notice of Intent was posted in the local newspaper. The grant timeline is strict, any variance from the project schedule included in the grant contract may result in the loss of grant funding. Staff is confident in the stakeholder engagement and that design of the facility will meet the needs of the users, who have reviewed and commented on the project plans.

California Department of Fish and Wildlife (Letter D)

4. Letter D was submitted by the California Department of Fish and Wildlife (CDFW) and includes 1 comment.

Comment 1. Studies and Avoidance and Minimization Measures:

Response: The City appreciates the early coordination and input provided by CDFW staff.

Packet Pg. 543 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) STATE OF CALIFORNIA GAVIN NEWSOM, Governor

CALIFORNIA STATE LANDS

COMMISSION
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
JENNIFER LUCCHESI, Executive Officer
916.574.1800
TTY CA Relay Service: 711 or Phone 800.735.2922
from Voice Phone 800.735.2929
or for Spanish 800.855.3000
Contact Phone: 916.574.1900
March 3, 2023
File Ref: SCH #2023020064
City of Redding
Amber Kelley
777 Cypress Avenue
Redding, CA 96001
VIA ELECTRONIC MAIL ONLY [email protected]
Subject: Initial Study/Mitigated Negative Declaration for Turtle Bay Boat Ramp Project, Shasta County
Dear Amber Kelley:

The California State Lands Commission (Commission) staff has reviewed the Initial Study/Mitigated Negative Declaration (IS/MND) for the Turtle Bay Boat Ramp Project (Project), which is being prepared by the City of Redding (City).

The City, as the public agency proposing to carry out the Project, is the lead agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). The Commission is a trustee agency for projects that could directly or indirectly affect State sovereign land and their accompanying Public Trust resources or uses. Additionally, because the Project involves work on State sovereign land, the Commission will act as a responsible agency.

Commission Jurisdiction and Public Trust Lands
The Commission has jurisdiction and management authority over all ungranted tidelands, submerged lands, and the beds of navigable lakes and waterways.

The Commission also has certain residual and review authority for tidelands and submerged lands legislatively granted in trust to local jurisdictions (Pub.

Resources Code, §§ 6009, subd. (c); 6009.1; 6301; 6306). All tidelands and submerged lands, granted or ungranted, as well as navigable lakes and waterways, are subject to the protections of the common law Public Trust Doctrine.

Comment Letter A
Packet Pg. 544 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding Page 2 March 3, 2023
As general background, the State of California acquired sovereign ownership of all tidelands and submerged lands and beds of navigable lakes and waterways upon its admission to the United States in 1850. The State holds these lands for the benefit of all people of the State for statewide Public Trust purposes, which include but are not limited to waterborne commerce, navigation, fisheries, water-related recreation, habitat preservation, and open space. On navigable non-tidal waterways, including lakes, the State holds fee ownership of the bed of the waterway landward to the ordinary low-water mark and a Public Trust easement landward to the ordinary high-water mark, except where the boundary has been fixed by agreement or a court. Such boundaries may not be readily apparent from present day site inspections.

The main channel of the Sacramento River, at the project location, is natural, navigable, non-tidal, and, therefore, State sovereign land under the Commission’s jurisdiction. A lease will be required for the portions of the project extending into the river below the ordinary low water mark.

Project Description
The City proposes to upgrade their facilities at the Turtle Bay Boat Ramp site to meet the City’s residents’ increased interest in boating and fly-fishing.

From the Project Description, Commission staff understands that the Project would include a two-lane boat ramp, an extension of the existing floating dock, and a new boating access beach adjacent to the ramp for drift boats and nonmotorized vessel launching, all of which have potential to affect State sovereign land.

Environmental Review
Commission staff requests that the City consider the following comments on the Project’s IS/MND, to ensure that impacts to State sovereign land are adequately analyzed for the Commission’s use of the IS/MND when considering a future lease application for the Project.

General Comments

1. Missing base layer: In Figure 3, the map showing the kayak launch to be decommissioned in 2027, the base layer is missing. Please include a base layer to the map.

2. Additional Figure: Please include a figure that shows the potential locations for the boat ramp and boating access beach. This will allow Commission Staff to determine which components of the project will be in Commission Comment 1
Comment 2
Packet Pg. 545 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding Page 3 March 3, 2023
jurisdiction and better aid with determining potential environmental impacts as a Responsible Agency.

Cultural Resources

3. Title to Resources Within Commission Jurisdiction: The IS/MND should state that the title to all abandoned shipwrecks, archaeological sites, and historic or cultural resources on or in the tide and submerged lands of California is vested in the State and under the jurisdiction of the Commission (Pub.

Resources Code, § 6313). Commission staff requests that the City consult with Staff Attorney Jamie Garrett should any cultural resources on State lands be discovered during construction of the proposed Project.

Staff requests that the following statement be included in the IS/MND’s Best Management Practices, CR-1: “The final disposition of archaeological, historical, and paleontological resources recovered on State land under the jurisdiction of the California State Lands Commission must be approved by the Commission.”
Thank you for the opportunity to comment on the IS/MND for the Project. As a responsible and trustee agency, the Commission will rely on the adopted IS/MND when issuing a new lease as specified above (see Section “Commission Jurisdiction and Public Trust Lands”). We request that you consider our comments before adopting the IS/MND.

Please send electronic copies of the adopted IS/MND, Mitigation Monitoring Program, Notice of Determination, and approving resolution when they become available. Please note that federal and state laws require all government entities to improve accessibility of information technology and content by complying with established accessibility requirements. (29 U.S.C. § 794d; 36 C.F.R. § 1194.1 et seq.; Gov. Code, § 7405.) California State law prohibits State agencies from publishing on their websites content that does not comply with accessibility requirements. (Gov. Code, § 115467.) Therefore, any documents submitted to Commission staff during the processing of a lease or permit, including all CEQA documentation, must meet accessibility requirements for Commission staff to place the application on the Commission agenda.

Refer questions concerning environmental review to Christine Day, Environmental Scientist, at [email protected] or (916) 562-0027. For questions concerning archaeological or historic resources under Commission jurisdiction, please contact Jamie Garrett, Staff Attorney, at [email protected] or (916) 574-0398. For questions concerning Comment 3
Comment 4
Packet Pg. 546 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding Page 4 March 3, 2023
Commission leasing jurisdiction, please contact Ninette Lee, Public Land Management Specialist, at [email protected] or (916) 574-1869.

Sincerely,
Nicole Dobroski, Chief
Division of Environmental Science,
Planning, and Management
cc: Office of Planning and Research
C. Day, Commission
J. Garrett, Commission
N. Lee, Commission
Packet Pg. 547 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

March 3, 2023
Amber Kelley
Environmental Compliance Manager,
Public Works Department, Engineering Division
City of Redding
777 Cypress Avenue
Redding, CA 96001
Mayor Michael Dacquisto & City Councilors
City of Redding
P. O. Box 496071
Redding, CA 96049-6071
Via email
Re: Turtle Bay Boat Ramp Project
Dear Ms. Kelley, Mayor Dacquisto, and Honorable City Councilors:

The Redding Rodeo Association (hereafter, the “Association”) has reviewed the project documents, Initial Study, and the City Public Works Department’s recommended Mitigated Negative Declaration for the proposed Turtle Bay Boat Ramp Project, and hereby submits comments for the public record. The Association is an interested and affected party as the project directly impacts Association operations and events and proposes a “taking of property” on the adjoining Redding Rodeo grounds at 715 Auditorium Drive which the City currently leases to the Association.

Background
Since 1948, the Association and its affiliate and subsidiary organizations have hosted an event steeped in Western Heritage and unique to Northern California. The 4-day Redding Rodeo each May is a major stop on the professional rodeo circuit, and the Rodeo was inducted to the Pro-Rodeo Hall of Fame in 2016. This year, the Rodeo will mark its 75th anniversary. The Rodeo grounds is also used as a livestock evacuation center during fires and offers a place for other community events such as the Benefit Motocross Races. In recent years the Association has spent an unusual amount or time and resources defending against numerous attempts to circumvent the Association’s historical use of the Rodeo Grounds.

REDDING RODEO ASSOCIATION
P.O. Box 992048
Redding, CA 96009
Comment Letter B
Packet Pg. 548 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

The forward movement of the Turtle Bay Boat Ramp project was surprising due to the fact the City Council just voted to spend $1.2 million to hire a firm to complete this Riverfront Specific Plan. If there is an opportunity to carve out areas from the Riverfront Specific Plan such as the Turtle Bay Boat Ramp Project, the Association would like the same opportunity as related to the Redding Rodeo Grounds.

Comments Specific to the Proposed Project
While we understand and support the need for boating and recreational access to the river, this project is overly ambitious and should be reconsidered. • Impact on Events and Activities. As proposed, the project will have a significant, and highly detrimental effect on the Association and other community activities that take place on the Rodeo grounds. The proposed timelines and construction activities are very problematic given the scheduling of much of the work during the time the rodeo is held each year. The entire contestant parking is marked as a part of the project on the maps included in the notice of public comment. Project plans at this time offer no reasonable and suitable mitigating solutions. • Lack of Inclusion and Input. The Association received no notice of the release of the Mitigated Negative Declaration and heard about this from a concerned citizen. This lack of inclusion and input raises public transparency concerns.
• Contractual, Legal, and Liability Issues. The project plan fails to address legal, and liability issues surrounding the City’s long standing contractual arrangement with the Association for management, operation, and use of the Rodeo grounds, which currently does not expire until 2026. The 10-month project presupposes significant construction work at the time of year when the Rodeo grounds are most utilized for events. The project also requires abandonment and/or removal of critical Rodeo grounds infrastructure. Further, it is unreasonable to assume the project can be completed in the 10-month period allotted. For example, if construction reveals previously unknown geological, hydrologic, or archaeological issues, the project could be delayed long term.

If the Association had to cancel the Rodeo as as a result of the project it would incur a substantial financial loss, damage to goodwill and reputation, and the local charitable and community organizations and businesses who benefit financially from the events will suffer hardship and economic loss.

The City should carefully weigh its contractual obligations, exposure to potential liability, and the economic impact upon the Rodeo and the Redding community at large, therefore, before proceeding with the project.

Comment 1
Comment 2
Comment 3
Packet Pg. 549 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

Comments Specific to the Proposed Mitigative Negative Declaration The Declaration’s Project Description states: “… The City of Redding conducted an Initial Study (attached) that determined that the proposed project could have significant environmental effects on biological resources. …” That statement alone should signal a measured and well thought, well planned approach should be taken by the City.

The proposed Declaration relies on City staff findings contained in the project Initial Study.

We acknowledge the work of by City staff, but based on our review, we believe both the Declaration and the initial study may contain missing, flawed, incomplete, and/or erroneous information.

Additionally, the City appears to have failed to timely and adequately provide notice of findings and its intent to all interested parties, or parties mandated by law to receive notification.

Specific Concerns:
• Incomplete Evaluation of Environmental Factors. Documents support questioning if the adequately evaluated or considered all the potential environmental factors involved in the project. Even to a layperson, the scope of the work described in the main project narrative clearly affects many other environmental factors beyond those identified by the City’s Public Works Department (see table below), yet those were not addressed in the Declaration and Study or described as mostly as “… less than significant impact”.

City of Redding Turtle Bay Boat Ramp Project Initial Study February 2023 Page two of the Declaration states: “… 1) Based on the whole record (including the Initial Study and any supporting documentation) and the mitigation measures incorporated into the project, the City of Redding has determined that there is no substantial evidence that the project will have a significant effect on the environment. …”
Comment 4
Comment 5
Comment 6
Packet Pg. 550 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

Common sense dictates that no reasonable person could believe that the large excavation, subsequent fill, in-water work, construction of a berm and ramp, infrastructure removal or relocation, and expansion of parking, trails, and recreational areas, together with the increased traffic and use of the new boat ramp and recreation area upon completion would not greatly impact area environmental factors. We need not list those other factors; they are reflected in the table above.
• Hydrological Concerns. If there is a constant with rivers and waterways, it is change. Rivers change character along their courses and over time; what happens on one river segment affects everything downstream. It is irresponsible for the City to assert that the proposed project will have little impact on the river without the benefit of a detailed environmental impact assessment.
• Water Quality and Pollution Concerns. The proposed project will generate increased boating and shoreline activities, increasing the potential to introduce water pollutants such as petroleum hydrocarbons (e.g. fuel and oil), toxic metals (e.g. anti-foulants and hull/boat maintenance chemicals), other liquid and solid wastes, including debris, litter, pet wastes and sewage.

Boat ramps and launches can easily alter habitats at a site. Shoreline vegetation may be reduced at some locations, and bottom sediments may be stirred up more frequently with boating activity. The river at that location already experiences moderate turbidity and sedimentation according to the EPA1 and increased boating use may exacerbate the issue. The Turtle Bay Boat ramp currently experiences 1,500 to 5,300 day uses per year, and expanding the facility will only increase its impact on the river and local roads, residents, and other uses.

The project would require significant amount of concrete in the dam, berm, and above water hardscape surfaces. Nationwide studies show that city streams and rivers carry dissolving concrete constituent elements, including calcium and carbonate minerals, which flow into urban waterways and affect their pH, or acidity, and therefore their ability to sustain aquatic life.2 The Turtle Bay boat ramp already lies within an area designed by the EPA to contain imperiled species and habitats.
• Adequate Required Notification Under Section 404 of the Federal Clean Water Act. The Clean Water Act requires authorization from the Secretary of the Army, acting through the Corps of Engineers (USACE), for the discharge of dredged or fill material into all waters of the United States, including wetlands. The USACE Sacramento District Office has jurisdiction over the Sacramento River at the Turtle Bay ramp. Neither the Declaration or the Initial Study reflect or infer that the City consulted with the USACE in the preparation of the study or the Declaration. It seems reasonable to do so at the initial project stages, since the USACE will be the permitting agency for the Clean Water Act permits necessary to the project; that agency could likely offer comment and key advice.
1 US Environmental Protection Agency EnviroAtlas
2 National Science Foundation. “A river runs through it: U.S. cities' waterways show consistent patterns of evolution; Urban waters record salt in food, cement in sidewalks. September 10, 2014 Comment 7
Comment 8
Comment 9
Comment 10
Packet Pg. 551 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

• California Environmental Quality Act Compliance (CEQA). CEQA is a statutory scheme requiring cities and other public agencies to consider the environmental consequences of their actions before approving plans or policies or otherwise committing to a course of action on a project. By proposing to adopt a Mitigative Negative Declaration for the project, the City has acknowledged the project is not statutorily or categorically exempt from CEQA compliance.

CEQA compliance must occur before a public agency approves a project. The term “approves” however, does not mean final approval. Instead, “approval” refers to “the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person.” Adopting the Mitigative Negative Declaration certainly commits the City to a definite course of action.

In opting to seek a Mitigative Negative Declaration for this project, the City is attempting to avoid preparing a CEQA Environmental Impact Report (EIR). The Initial Study, and the issues raised in this letter, are substantial evidence and likely sufficient to meet the “fair argument standard” which triggers an EIR.3
CEQA’s purpose of informed decision making and
preference for environmental decision making have set a low threshold for requiring an EIR.

The low threshold has been upheld repeatedly by California courts.4

Even though conditions or mitigation measures are introduced in a Mitigative Negative Declaration, they do not preclude the need to prepare an EIR if information meeting the fair argument standard discussed above is introduced into the record.5 Additionally, we note that CEQA requires consideration of project alternatives6 if an EIR is required; something that the City’s proposed Mitigative Negative Declaration apparently seeks to avoid. We believe the proposed Mitigative Negative Declaration contains flaws in that it presupposes deferred mitigative measures in the course of the project, which are generally impermissible under CEQA.

We believe use of a Mitigative Negative Declaration by the City is inappropriate for this project and violates the spirit, if not the law, with respect to CEQA applicability. 3 “If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.” Pub. Res. Code section 21080(d)
4 See Citizens Action to Serve All Students v. Thornley (1990) 222 Cal. App. 3d 748, 754; Citizens of Lake Murray Area Assn. v. City Council (1982) 129 Cal. App. 3d 436, 440; Mejia v. City of Los Angeles, (2005) 130 Cal. App. 4th 322, 332.
5 See Pub. Res. Code section 21064.5; CEQA Guidelines section 15070(b)(2). 6 CEQA Guidelines section 15130
Comment 11
Comment 12
Comment 13
Packet Pg. 552 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

Summary
As stated previously, the Association sympathizes with the City’s desire to improve boating and recreational activities on the Sacramento River. However, the Turtle Bay Boat Ramp project as proposed presents many as yet unresolved issues and challenges. Not all of them have been raised in this letter; we have attempted to point out only a few salient issues.

In our opinion, approval of the proposed Mitigative Negative Declaration by the City Council at this time would be highly premature, and the City Council should return it to the City’s Public Works Department for additional research and further review while all factors of the Turtle Bay Boat Ramp are reviewed and approved.

Thank you for the opportunity to submit comment and present our concerns. We also believe improvements can be made to the existing Turtle Bay Boat ramp while mitigating their effect on the historic heritage of the Redding and the millions of dollars in economic impact our brings to the Redding Community. The Association also wishes to express its desire for cooperation in present and future projects to our mutual benefit and for the residents of the City of Redding and Shasta County.

Sincerely,
Cindy Schonholtz, General Manager
On behalf of the
The Redding Rodeo Association Board of Directors
Comment 14
Packet Pg. 553 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Comment Letter C
Packet Pg. 554 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Packet Pg. 555 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Northern Region
601 Locust Street
Redding, CA 96001
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
March 3, 2023
Amber Kelley, Environmental Compliance Manager
City of Redding
Public Works Engineering Division
777 Cypress Avenue
Redding CA 96001
SUBJECT: REVIEW OF TURTLE BAY BOAT RAMP PROJECT, STATE
CLEARINGHOUSE NUMBER 2023020064, SHASTA COUNTY
Dear Amber Kelley,
The California Department of Fish and Wildlife (CDFW) has reviewed the draft Initial Study and Mitigated Negative Declaration (ISMND), dated February 2023, for the above referenced project which proposes to widen an existing boat ramp, add a boating access beach for non-motorized boating vessels, add parking stalls, add an ADA-compliant restroom, add a drinking fountain, add a small overlook area with picnic tables, replace and extend a wastewater line, and extend the Sacramento River Trail (Project). CDFW’s review of this Project is pursuant to our role as the State’s trustee agency for fish and wildlife resources under the California Environmental Quality Act, California Public Resources Code section 21000 et seq. Additionally, as a State responsible agency, CDFW administers the California Endangered Species Act and other provisions of the Fish and Game Code that conserve the State’s fish and wildlife public trust resources.

CDFW acknowledges that the City of Redding appropriately analyzed potential impacts to biological resources which includes a Biological Resources Report, waters delineation, seasonally appropriate botanical surveys and the preparation of a Biological Assessment for listed salmonids. CDFW concurs with the avoidance and minimization measures, as listed in the ISMND, to minimize and/or avoid potential impacts to biological resources due to the Project. Therefore, CDFW has no comment.

We appreciate the opportunity to comment on the Project to assist the City of Redding in adequately analyzing and minimizing impacts to biological resources. 







 





Comment Letter D
Comment 1
Packet Pg. 556 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Amber Kelley
City of Redding
March 3, 2023

If you have any questions, please contact Erika Iacona, Environmental Scientist, by email at [email protected].

Sincerely,
Curt Babcock for
Tina Bartlett, Regional Manager
Northern Region
ec: State Clearinghouse
[email protected]
Erika Iacona
[email protected]








 





Packet Pg. 557 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Mayor to sign and send a response letter to the 2022-23 Shasta County Grand Jury concerning its report titled “Enterprise Park” in the City of Redding, regarding the City of Redding’s utilization of the lower level of Enterprise Park as a disposal area for assorted types of debris.

Fiscal Impact
There is no direct fiscal impact in sending the response to the Shasta County Grand Jury.

Alternative Action
The City Council (Council) could modify the attached response and authorize the Mayor to transmit the revised response to the Shasta County Grand Jury. The Council may also not authorize a response to the Shasta County Grand Jury, and provide additional direction, as necessary. It should be noted, however, that the City is required to respond to the findings and recommendations contained within the report no later than 90 days (or May 23, 2023) after the Grand Jury submits the report.

Background/Analysis
The Shasta County Grand Jury issued a report titled “Enterprise Park” on February 22, 2023. The report contains six findings, four recommendations, and three commendations. The City Council is required to respond to the findings and recommendations. Staff has developed the attached response to the Shasta County Grand Jury for the City Council’s review and consideration. The response highlights the implementation of a Site Maintenance Plan for the Enterprise Park Disposal Area.

MEETING DATE: April 4, 2023
ITEM NO. 9.11(g)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.11(g)--Consider City of Redding's response to the Shasta County Grand Jury Report regarding Enterprise Park.

Chuck Aukland, Public
Works Director
Packet Pg. 558
Report to Redding City Council March 29, 2023
Re: 9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park Page 2 Environmental Review
This action is not a project as defined by 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
^Grand Jury Response Letter - Enterprise Park
2022-23 Grand Jury Report - Enterprise Park
Final Site Management Plan_Enterprise Park_External
Packet Pg. 559
Public Works/Parks & Recreation
530.225.4170
530.245.7024
April 5, 2023
The Honorable Adam Ryan
Presiding Judge
Shasta County Grand Jury
P.O. Box 992086
Redding, CA 96099-2086
Dear Judge Ryan:

The Shasta County Grand Jury issued a report titled “Enterprise Park.” The Grand Jury has requested that the City Council of the City of Redding respond to five findings and three recommendations contained within the aforementioned report:

Findings
F1. The COR has utilized the lower level of Enterprise Park as a dumping area for assorted types of debris without any management plan or direct oversight by the City.

Response: The City partially disagrees with the finding. It is true there has been no formal management plan, for the area previously. However, all supervisory personnel are aware of the area, generally approve of the material to be offloaded and consult with the City’s Environmental Compliance Manager regarding the content of materials that may be appropriately managed in the area. This information was generally provided through verbal conversations.

F2. There has been no accounting or documentation of the type of disposed materials nor their quantity by the City.

Response: The City agrees with the finding.

F3. Some of the disposed materials have been dumped at the Park by the COR and some others have been impermissibly dumped by unknown individuals without consent or permission from the City.

Response: The City agrees with the finding.

F4. The City has failed to secure the area in a manner sufficient to prevent or deter dumping of materials and debris at the Park by unknown individuals.

Packet Pg. 560 Attachment: ^Grand Jury Response Letter - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Response: The City agrees with the finding. The area is fenced at entry points, but not along slopes. Occasionally, the gate has been left unlocked by City staff during work hours between deliveries.

F5. Various materials and debris remains stored at the lower tier of the Park, although the size and quantity of the materials and debris has decreased over the last year.

Response: The City agrees with the finding. The use is consistent with the recently adopted management plan.

F6. The City intends to continue utilizing the lower tier of the Park as a location to dump substance and materials excavated from city project sites. The City’s use of the Park for this purpose is not prohibited by local rules of law.

Response: The city agrees with the finding.

Recommendations
R1. COR Public Works Department and Parks & Recreation Department, in collaboration, will develop a management plan for all levels (tiers) of the Enterprise Park by Nov. 1, 2023, including plans and measures to eliminate, prevent, or mitigate illegal dumping.

Response: The recommendation has been implemented. Please see the attached Site Management Plan – Enterprise Park Disposal Area.

R2. By November 1, 2023, COR Public Works Department and Parks & Recreation Department shall develop an accounting system to track content and quantity of material deposited on Enterprise Park.

Response: The recommendation has been implemented. Please see the attached Site Management Plan – Enterprise Park Disposal Area.

R3. COR Public Works Department and Parks & Recreation Department, in collaboration, will develop a plan by November 1, 2023 to recycle, remove, or otherwise properly dispose of materials dumped or discarded at the Park.

Response: The recommendation has been implemented. Please see the attached Site Management Plan – Enterprise Park Disposal Area.

R4. COR Public Works Department and Parks & Recreation Department, in collaboration, will replace the locks on the gates to the lower level by November 1, 2023, and will keep a key inventory of City staff allowed access to the area.

Response: The recommendation has been implemented. The lock used on the gate is a combination lock with a code provided to select City employees. Direction has been provided to lock the gate between deliveries going forward. Access has also been gained illegally from cutting the lock. The lock is replaced when it is found to be damaged.

Packet Pg. 561 Attachment: ^Grand Jury Response Letter - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) The report suggests the City address recommendations R5 and R6. However, the report only includes four recommendations (R1-R4).

Sincerely,
Michael Dacquisto, Mayor
c: Honorable Council Members
City Manager
City Attorney
Director of Public Works
Director of Community Services
Packet Pg. 562 Attachment: ^Grand Jury Response Letter - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Packet Pg. 563
Attachment: 2022-23 Grand Jury Report - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Packet Pg. 564
Attachment: 2022-23 Grand Jury Report - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Packet Pg. 565
Attachment: 2022-23 Grand Jury Report - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Packet Pg. 566
Attachment: 2022-23 Grand Jury Report - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Packet Pg. 567
Attachment: 2022-23 Grand Jury Report - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Packet Pg. 568
Attachment: 2022-23 Grand Jury Report - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Packet Pg. 569
Attachment: 2022-23 Grand Jury Report - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Packet Pg. 570
Attachment: 2022-23 Grand Jury Report - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park) Packet Pg. 571
Attachment: 2022-23 Grand Jury Report - Enterprise Park (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Park)

SITE MANAGEMENT PLAN

ENTERPRISE PARK DISPOSAL AREA
December 2022
Packet Pg. 572 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise City of Redding Site Management Plan
Public Works Department Enterprise Park Disposal Area

TABLE OF CONTENTS
Introduction……………………………………………………………………………………………………………………3 Section 1: Site Location………….……………………………………………………………………………………….3 Section 2: Contact Information……………………………………………………………………………………....3 Section 3: Background and Baseline……………………………………………………………………………..…4 Section 4: Anticipated Waste Characterization……………………………..………………………………..4 Section 5: Prohibited Material………………………………………………………………………………………..5 Section 6: Records Management…………………………………………………………………………………….6 Section 7: Site Management……………………………………………………………………………………………6 Section 7A: Site Maintenance………….………………………………………………………………………….6 Section 7B: Best Management Practices…………………………………………………………………….6 Section 8: Monitoring and Inspection……………………………………………………………………………..7 Section 9: Training…………………………………………………………………………..................................7 Section 10: Updates…………………………………………………………………………………………………..…..7

FIGURES
Figure 1: Location Map
Figure 2: Disposal Area Boundary Map
Figure 3: Former Wastewater Treatment Facility Map

APPENDICES
Appendix A: Disposal Record
Appendix B: Inspection Report Form
Appendix C: History of Changes to Site Management Plan
Packet Pg. 573 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise City of Redding Site Management Plan
Public Works Department Enterprise Park Disposal Area

INTRODUCTION
This Site Management Plan has been developed by the City of Redding and is intended to provide management and monitoring strategies for the disposal and stockpiling of materials at the Enterprise Park Disposal Area. Management of the disposal area will ensure that transport and disposal activities will not unreasonably degrade or endanger human health, welfare, the environment, or future site use potential. The Site Management Plan provides consideration for:
• Background and baseline conditions at the site;
• The type of material to be disposed at the site;
• Tracking the quantity of material disposed at and removed from the site; • Management practices to be implemented at the site;
• A program for monitoring the site;
• Anticipated use of the site over the long term;
• A schedule for review and revision of the plan
SECTION 1: SITE LOCATION
The Enterprise Park Disposal Area is located at the western boundary of Enterprise Park in east Redding, Shasta County, California (Figure 1).

Address: 4000 & 4030 Victor Avenue, Redding, California 96001 Assessor’s Parcel Number: 068-290-004-000 & 068-280-005-000 Latitude/Longitude: 40.54860/-122.34358
SECTION 2: CONTACT INFORMATION
Utilities Manager:

Ryan Bailey
City of Redding - Public Works Department
20055 Viking Way
Redding, California 96001
530-224-6068
[email protected]
24-Hour Contact: 530-224-6068
Community Services/Parks Manager:

Joey Forseth-Deshais
City of Redding – Community Services Department
20055 Viking Way
Redding, California 96001
530-224-6100
[email protected]
24-Hour Contact: 530-224-6068
Packet Pg. 574 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise City of Redding Site Management Plan
Public Works Department Enterprise Park Disposal Area

Environmental Compliance Manager:

Amber Kelley
City of Redding – Public Works Department
777 Cypress Avenue
Redding, California 96001
530-225-4170
[email protected]
24-Hour Contact: 530-224-6068
SECTION 3: BACKGROUND AND BASELINE
The Enterprise Park Disposal Area (Disposal Area) is located at the western boundary of Enterprise Community Park (Park) and just east of Churn Creek (Figure 2). The Park and a residential subdivision were developed on a 92 acre area. The northern half of this area was the former site of a wastewater treatment facility, which served the Enterprise area until construction of the Clear Creek Wastewater Treatment Plant in 1966 (Figure 3). The Enterprise Wastewater Treatment Facility consisted of four ponds, ditches, culverts and conveyances, an aeration basin, chlorine contact structure, evaporation-percolation trenches, access roads, and various other structures.

The Disposal Area is located at the former Pond number 4, and is surrounded on three sides by an earthen berm and access road. The berm is approximately 488 feet in elevation, and above the base floodplain elevation of Churn Creek. Pond number 4 has been systematically filled with clean fill material from east to west. Capacity remains throughout the site and a small area on the western side retains considerable capacity for clean fill material. The areas that have been filled and compacted are used as a temporary stockpiling location for wood, mulch, vegetation, rock, etc. After the stockpiled material is collected at the Disposal Area, it is transferred to the West Central Landfill. Although the area is gated and locked, illegal dumping has been noted. The Parks Department recently removed the illegally dumped material and the lock was changed to prevent this from reoccurring.

The Disposal Area has been identified as a future sports field with restrooms, a concession stand, and a picnic area, in the Enterprise Community Park Master Plan (The Austin Hansen Group, 1992). The ball fields are also identified in the Parks, Trails, and Open Space Master Plan (City of Redding, 2018). The Public Works Department will coordinate with the Parks Department to determine if there is still potential for Park expansion. If Park expansion is not anticipated, the Disposal Area may be expanded. This change would require an update to the Site Management Plan.

SECTION 4: ANTICIPATED WASTE CHARACTERIZATION
Clean fill consists of natural soil, vegetation, untreated wood, mulch, rocks, and other similar materials. These materials will typically be generated during routine maintenance activities, small projects, or emergency repair projects. Excavated soils from areas of no known contaminants, or which do not exhibit evidence of contamination, will be managed as clean fill. The natural soil Packet Pg. 575 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise City of Redding Site Management Plan
Public Works Department Enterprise Park Disposal Area

may be dredged, excavated, or vacuumed into a truck for delivery. Vegetation may come from areas that require clearing, such as storm drains (to prevent flooding), or tree trimming for maintenance and safety purposes. Rocks, stone, water, and other materials are often generated when repairing water and wastewater lines. All of these materials are delivered by trucks, trailers, and vacuum trucks. The material is used as fill or it may be stockpiled until a sufficient quantity is generated to warrant disposal at the West Central Landfill on Clear Creek Road. City departments and divisions that would typically utilize the Disposal Area include Parks, Streets, Storm Drain, Water, and Wastewater.

Table 1 provides a summary of the type of waste that is accepted as clean fill at the Disposal Area.

This table will be updated if new waste categories are approved.

Table 1. Summary of Approved Waste Materials
# Material
1 Natural soil
2 Vegetation
3 Rock/stone
4 Wood (untreated & mulch, etc.)
5 Water
SECTION 5: PROHIBITED MATERIAL
The City of Redding values its environmental resources and understands how important it is to protect our aquatic resources, ground water, and the public. Prohibited material includes items such as building materials, concrete, treated wood, plastics, glass, metals, paint, chemicals, petroleum products, soil that contains petroleum products, untreated wastewater, or other contaminants. These materials must be disposed of in accordance with state requirements at the City of Redding Transfer Station, the West Redding Landfill, or other appropriate facility.

The City’s Solid Waste Utility operates a street sweeping program that sweeps arterial routes twice per week, residential streets once a month, and some state highways through contractual agreements. Solid Waste does not use the Disposal Area, and instead has two waste containers outside of the Disposal Area, south of the Community Garden. All street sweeping debris is deposited into the waste containers. The containers are routinely emptied at the West Central Landfill on Clear Creek Road.

Packet Pg. 576 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise City of Redding Site Management Plan
Public Works Department Enterprise Park Disposal Area

SECTION 6: RECORDS MANAGEMENT
A Disposal Record must be completed each time the Disposal Area is used (Appendix A). The Disposal Record identifies the date, truck number, division, driver, type of material, quantity of material, weather conditions, and where the material came from. The driver is responsible for completing the Disposal Record and submitting it to the Management Analyst or the Executive Assistant for the Public Works Utilities Department, located at the Corp Yard office.

The Management Analyst and/or the Executive Assistant maintains each Disposal Record in a binder and provides a Disposal Site Utilization Report (Utilization Report) by December 1st each year. The Utilization Report provides an annual summary (Excel spreadsheet) of the activity at the Disposal Site, including the type and quantity of material brought on or off-site, number of truck trips, and use by division. The Utilization Report will be sent to the Assistant Director of Public Works - Utility Manager for distribution to the Public Works Utility Managers, Supervisors, and the Environmental Compliance Manager.

SECTION 7: SITE MANAGEMENT
While the Disposal Area is within the Park facility, the site is collectively managed by the City divisions that utilize the site.
7A. Site Maintenance:
• The site is bladed and compacted annually by October 15th. The Storm Drain Utility is responsible for this activity.
• Stockpiles are removed as needed, but no less than once per year, by October 15th. The Water Utility is responsible for stockpile removal.
7B. Best Management Practices (BMPs):
• While the earthen berm and site topography provide little potential for erosion and sediment transport to receiving waters, BMPs are installed by October 15th each year. The Wastewater Utility will be responsible for the purchase of BMP materials. The Parks Department is responsible for installation, and removal of the BMPs. The Environmental Compliance division guides the placement and installation of the BMPs. Following is a list of BMPs that may be implemented (dependent on site conditions):
 Straw Wattles
 Silt Fence
 Gravel placement
 Straw mulching
 Earthen berms
 Seeding
Packet Pg. 577 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise City of Redding Site Management Plan
Public Works Department Enterprise Park Disposal Area

SECTION 8: MONITORING AND INSPECTION
• Parks staff are present and monitor the site daily to ensure the gate remains closed and locked.

Should illegal dumping or other issue arise, Parks will contact the Utilities Manager. • Inspection of the BMPs (Stormwater Inspection) is conducted monthly during the rainy season (October through April). The Stormwater Inspections are conducted by the Environmental Compliance Division. Record of these inspections are maintained with the Disposal Records at the Corp Yard Office (Appendix B).
• A general site inspection is conducted quarterly by the Storm Drain Division. Record of these inspections are maintained with the Disposal Records at the City Corp Yard Office (Appendix B).
• The City representatives may conduct unscheduled inspections of the disposal material, the site, and hauling records to confirm the Site Management Plan is being implemented appropriately.

SECTION 9: TRAINING
Site Management Training is conducted by the Storm Drain Utility Supervisor annually, and when a new utility employee begins work. Records for training will be saved within the Public Works Safety Specialist’s training file.

SECTION 10: UPDATES
Amendments, modifications, and updates to this Site Management Plan will be made as required.

The Environmental Compliance Manager will approve any amendment to the Site Management Plan whenever:
a. A new waste type is approved;
b. A new off-site disposal destination is proposed for waste; c. Whenever there is a change needed to on-site storage and handling procedures; The Environmental Compliance Manager will update the Site Management Plan as soon as possible, but no later than three calendar days prior to implementing any Site Management Plan modification. The Assistant Director of Public Works – Utilities must pre-approve significant modifications including those listed above. Minor changes to the plan that do not impact waste handling, such as names of responsible individuals, changes in records storage locations, or updates to the site map do not require approval.

Documentation of these changes shall be made in Appendix C as applicable.

Packet Pg. 578 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Figure 1: Location Map
Packet Pg. 579 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise §¨¦5
§¨¦5
Old Oregon Trl
Shasta View Dr
Hilltop Dr
Hartnell Ave
Victor Ave
Old Alturas Rd
Bechelli Ln
Shasta View Dr
Viking Way
Rancho Rd S Bonnyview Rd
E Cypress Ave Canby Rd
Park
Marina
Dr
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Tarmac Rd
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Hartnell Ave
Argyle Rd
Airport Rd
Churn Creek Rd
ÅÄ44
Hilltop Dr
Saturn Skwy
Shasta View Dr
Galaxy Way
GIS DIVISION Figure 1: Location Map INFORMATION TECHNOLOGY DEPARTMENT DATE PRODUCED: - 0 0.25 0.5 Miles
X:\ACADMap\PublicWorks\ProProjects\EnterprisePark_DisposalArea.aprx DECEMBER 20, 2022

CITY OF REDDING

PUBLIC WORKS DEPARTMENT

SITE MANGEMENT PLAN

ENTERPRISE PARK DISPOSAL AREA
Enterprise Park
Disposal Area
Packet Pg. 580 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Figure 2: Disposal Area Boundary
Packet Pg. 581 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise

CHURN CREEK

CHURN CREEK
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GIS DIVISION

INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 50 100 Feet
Figure 2: Disposal Area Boundary Map
DECEMBER 22, 2022

CITY OF REDDING

PUBLIC WORKS DEPARTMENT

SITE MANGEMENT PLAN
X:\ACADMap\PublicWorks\ProProjects\EnterprisePark_DisposalArea.aprx ENTERPRISE PARK DISPOSAL AREA Enterprise Park
Disposal Area
Packet Pg. 582 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Figure 3: Former Wastewater Treatment Facility Map
Packet Pg. 583 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Packet Pg. 584
Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Appendix A: Disposal Record
Packet Pg. 585 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Weather: Clear Cloudy Rain
Yes No
Truck #: Driver:

Div #:

Spoils contain water?
Where is the fill coming from?
Enterprise Park Clean Fill Disposal Record
Date:

Quantity
(cubic yards)
Fill Material
Packet Pg. 586 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Appendix B: Inspection Report Form
Packet Pg. 587 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise ------------- -----------
City of Redding
Public Works, Storm Water Management Program
P.O. Box 496071, Redding, CA 96049-6071
Tel: (530) 224-6068 Fax:.,(530) 224-6052

INSPECTION REPORT
Facility Name:-----------------------------­
Facility Address:---------------------------­
Date I Time: _____________Previous Inspection Date: _________ Reason: o Routine Inspection o Re-Inspection o Complaint o Other ______ Comments I Observations: -------------------------~
Summary I Necessary Action: ________________________
Brochure given to contact: o Yes o No
Contact Person Name: Phone#:

Contact Person Signature: ___________

Contact Person Email: _____________ Inspector: __________ )
Storm Water Management Program Staff: Coordinator Engineer Environme::ital Compliance Manager 225-4889 225-4421 225-4046
Rev. 06/23/2017
Packet Pg. 588 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise Appendix C: History of Changes to Site Management Plan
Packet Pg. 589 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise History of Changes to Site Management Plan
Date Describe changes to the Plan and reason for change Name of individual making the change
Packet Pg. 590 Attachment: Final Site Management Plan_Enterprise Park_External (9.11(g)--Response to 2022-23 Shasta Co. Grand Jury Report - Enterprise

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following:
(1) Offer Ordinance amending RMC Section 11.16.010 (One-Way Streets and Alleys - Designated), relating to addressing one-way traffic in the City of Redding’s downtown core, for first reading by title only and waive the full reading; and authorize the City Attorney to prepare, and the City Clerk to publish a summary of the ordinance; and (2) Find that the action is exempt from review under the California Environmental Quality Act Guidelines, per Section 15061(b)(3) – Common Sense Exemption.

Fiscal Impact
There is no direct fiscal impact to amend the One-Way Streets and Alleys ordinance. Sufficient funds for staff time to implement the requisite changes are included in the adopted Streets Division budget for Fiscal Year 2022-23.

Alternative Action
The City Council (Council) may choose not to adopt the attached ordinance and retain the OneWay Streets and Alleys list as-is. The direction of the California-Market Alley between Sacramento Street and Tehama Street would not be reversed from southbound to northbound.

This alternative would result in less efficient circulation and be counter to the proposed overall design of the area as contemplated prior to redevelopment.

Background/Analysis
In 2021, the City of Redding (City) completed the Downtown Streets Circulation Project which reopened streets which were closed to public traffic since 1972. The project, as part of the first of two Affordable Housing and Sustainable Communities (AHSC) grants for redevelopment in the downtown area included the reopening of Market Street from Tehama Street to Yuba Street, and it reversed the direction of the Market-Pine Street Alley from northbound to southbound between Sacramento Street and Trinity Street. Reversing the direction of travel of the alleys is noted in MEETING DATE: April 4, 2023
ITEM NO. 9.11(h)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.11(h)--Consider Ordinance amending Redding Municipal Code (RMC) Title 11 (Vehicles and Traffic), Chapter 11.16 (One-Way Streets and Alleys).

Chuck Aukland, Public
Works Director
Packet Pg. 591
Report to Redding City Council March 29, 2023
Re: 9.11(h)--Amend RMC Chapter 11.16 One-Way Streets and Alleys Page 2 the Downtown Redding Community-Based Transportation Plan to reduce recirculation of traffic on major public streets.

The second AHSC grant focused on the blocks west of the California-Market Alley between Tehama Street, Placer Street and California Street. The second Streets and Circulation project associated with this AHSC grant will construct Yuba Street and Butte Street west to California Street and completely redesign the California-Market alley into a new walkable retail corridor that highlights the redevelopment in the area. The newly designed alley will be wider and feature pervious paver roadways, new street lighting, gathering spaces, and numerous new retail frontages. As part of the overall plan, the alley is proposed to circulate northbound in this area and complements the reversal of the Market-Pine alley which works in conjunction with the oneway streets of Pine Street and California Street.

In review of the directional change from southbound to northbound, it was determined that the alley reversal of direction would extend from Sacramento Drive on the south to Tehama Street on the north, and the alley direction would not change to the north of Tehama Street. North of Tehama Street the directional change would have negatively affected the operation of trash enclosures, drive-through lanes, and the operation of private parking lots. The transition of the directional travel on the alley was discussed with California Department of Transportation (Caltrans), and it was determined that the reversal of direction would not cause an undue traffic burden to the State’s right-of-way. The proposed changes were coordinated with area businesses, Caltrans, City of Redding Solid Waste Division and public safety personnel.

As part of the larger downtown redevelopment projects and removal of the parking structure on California Street, Caltrans reconfigured the lanes on Tehama Street to allow two-directional traffic from Market Street to California Street. This change occurred several years ago; but the municipal code still reflects the old traffic pattern on this block and needs revision.

A few other minor cleanup items where noticed with the proposed revisions. Letter A, referred to the old Center Street through what used to be parking lot Number 5 adjacent to the west side of the Lorenz Hotel. That area is now a park and leased to “The Park” organization; it is no longer a one-way street. The other revisions changed nomenclature to be consistent and adjusted the PineEast alley south to Sacramento reflecting current operation.

Environmental Review
Staff have determined that the action is exempt from review under the California Environmental Quality Act (CEQA) Guidelines, per Section 15061(b)(3) – Common Sense Exemption. CEQA applies only to projects which have the potential for causing a significant effect on the environment. The amendment will update the location and direction of travel, but will not result in physical alteration of the environment. The action has been reviewed and it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment.

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. 592
Report to Redding City Council March 29, 2023
Re: 9.11(h)--Amend RMC Chapter 11.16 One-Way Streets and Alleys Page 3 Attachments
^Clean Ordinance
Strikeout Ordinance
^California - Market Alley Exhibit A and Location Map
^NOE Ordinance Amending RMC Title 11.16.010
Packet Pg. 593

DRAFT NEW ORDINANCE
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 11
(VEHICLES AND TRAFFIC), CHAPTER 11.16 (ONE-WAY STREETS
AND ALLEYS) BY AMENDING SECTION 11.16.010 (DESIGNATED) TO

ESTABLISH ONE WAY DIRECTIONAL TRAFFIC IN THE DOWNTOWN

CORE OF THE CITY OF REDDING
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:

Section 1. Title 11 (Vehicles and Traffic), Chapter 11.16 (One-Way Streets and Alleys), Section 11.16.010 is amended to read as follows:

11.16.010 - Designated.

It is unlawful at all times for the operator of a vehicle to drive such vehicle on the following streets and alleys except in the directions as indicated in this section:

A. Southbound in the Market-Pine alley, between Sacramento Street and Trinity Street:

B. Westbound on Butte Street, between Market Street and the California-Market alley; C. Northbound in the California-Market alley, between Tehama and Sacramento Street and Southbound from Trinity to Tehama Street;
D. Southbound on Railroad Avenue, between Yuba and Placer Streets; E. Southbound on Market Street, between Eureka Way and Yuba Street, and between Gold Street and Cypress Avenue;
F. Eastbound on Gold Street, between California and Market Streets; G. Eastbound on Tehama Street, between Market and Liberty Streets; H. Westbound on Shasta Street, between Continental and Market Streets; I. Northbound on Pine Street, between Cypress Avenue and Trinity Street; J. Southbound on California Street, between Tehama and Gold Streets; K. Westbound on Eureka Way, between Pine and Market Streets; L. Southbound in the Pine-East Street alley, between Yuba and Sacramento Streets.

Packet Pg. 594 Attachment: ^Clean Ordinance (9.11(h)--Amend RMC Chapter 11.16 One-Way Streets and Alleys) Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance.

The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

Section 3. The City of Redding finds that, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this Ordinance is therefore not subject to the provisions requiring environmental review. The ordinance will not increase traffic but serves only to redirect traffic which already exists.

I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Redding at a regular meeting on the 4th day of April, 2023, and was duly read and adopted at a regular meeting on the ____ day of ________, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_________________________________
MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVED:
______________________________ __________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 595 Attachment: ^Clean Ordinance (9.11(h)--Amend RMC Chapter 11.16 One-Way Streets and Alleys)

STRIKEOUT ORDINANCE
OLD LANGUAGE: STRUCK OUT
NEW LANGUAGE: UNDERLINE
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 11
(VEHICLES AND TRAFFIC), CHAPTER 11.16 (ONE-WAY STREETS
AND ALLEYS) BY AMENDING SECTION 11.16.010 (DESIGNATED) TO

ESTABLISH ONE WAY DIRECTIONAL TRAFFIC IN THE DOWNTOWN

CORE OF THE CITY OF REDDING

11.16.010 - Designated.

It is unlawful at all times for the operator of a vehicle to drive such vehicle on the following streets and alleys except in the directions as indicated in this section:

A. Northbound in Parking Lot No. 5 (old Center Street), between Placer and Yuba Streets; B. A. Southbound in the Market-Pine alley, between Sacramento Street and Trinity Street; C.B. Westbound on Butte Street, between Market Street and the California-Market Street alley;
D.C. Southbound Northbound in the California-Market alley, between Trinity Tehama and Sacramento Street and Southbound from Trinity to Tehama Street; E.D. Southbound on Railroad Avenue, between Yuba and Placer Streets; F. E. Southbound on Market Street, between Eureka Way and Yuba Street, and between Gold Street and Cypress Avenue;
G. Westbound on Tehama Street, between the California-Market alley and California Street; HF. Eastbound on Gold Street, between California and Market Streets; IG. Eastbound on Tehama Street, between Market and Liberty Streets; JH. Westbound on Shasta Street, between Continental and Market Streets; KI. Northbound on Pine Street, between Cypress Avenue and Trinity Street; LJ. Southbound on California Street, between Tehama and Gold Streets; MK. Eastbound Westbound on Eureka Way, between Pine and Market Streets; NL. Southbound in the Pine-East Street alley, between Yuba and Placer Sacramento Streets.

Packet Pg. 596 Attachment: Strikeout Ordinance (9.11(h)--Amend RMC Chapter 11.16 One-Way Streets and Alleys)

EUREKA WAY
C

OURT ST
EA
ST ST
O
REG
ON ST

LIBERTY ST

GOLD ST

DIVISION ST

SACRAMENTO ST
CENTER

ST CENTER
ST R
A LI R
O
A
D
AVE

EUREKA WAY

TEHAMA ST

YUBA ST

SHASTA ST

GOLD ST

BUTTE ST
CENTER

ST PLACER ST

BUTTE ST
M
A
R

KET ST EA
ST ST

SOUTH ST
C

OURT ST
C

AL FI O

RN AI ST PINE ST

YUBA ST
M
A
R
KET ST

SHASTA ST
C

AL FI O

RN AI ST P NI E STREET
O
REG

ON ST PLACER ST PINE ST EA
ST ST Umbrella Alley

CITY OF REDDING EXHIBIT A, LOCATION MAP

ONE - WAY ALLEY

PUBLIC WORKS

DEPARTMENT

PROJECT

LOCATION

CALIFORNIA - MARKET ALLEY BETWEEN

TEHAMA STREET AND SACRAMENTO STREET
Packet Pg. 597 Attachment: ^California - Market Alley Exhibit A and Location Map (9.11(h)--Amend RMC Chapter 11.16 One-Way Streets and Alleys) Packet Pg. 598
Attachment: ^NOE Ordinance Amending RMC Title 11.16.010 (9.11(h)--Amend RMC Chapter 11.16 One-Way Streets and Alleys)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution approving the Memorandum of Understanding (MOU) and salary exhibits with the International Brotherhood of Electrical Workers - Power Production Unit, for a threeyear term ending April 4, 2026; and approving the IBEW Power Production Schedule of Wage Rates effective April 5, 2023.

Fiscal Impact
If the IBEW Power Production MOU is approved, there will be a savings of approximately $490,327 over the next 10 years due to the group health and retirement benefit changes, with $136,983 of the savings occurring during the term of the contract. The total estimated costs of the new IBEW Power Production contract including wage adjustments and benefit changes for the three-year term is $1,576,709 per year when fully implemented.

The long-term benefits shared cost of the contract consist of the additional employee contributions toward the group health and retirement benefit costs. In conjunction with the additional five percent group health premium contribution, IBEW Power Production Classic California Public Employees Retirement System (CalPERS) members will be paying an additional 0.85 percent in retirement contribution, and the Public Agency Retirement Services (PARS) eligible employees will be paying an additional 0.13 percent, effective as soon as administratively feasible. This equates to 50 percent of the normal cost of the retirement benefit being paid by the employees.

Alternative Action
The City Council (Council) could decline to approve the MOU thereby returning the negotiator to the bargaining table to continue the bargaining process with IBEW Power Production.

MEETING DATE: April 4, 2023
ITEM NO. 9.15(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.15(a)--Consider Resolution approving the Memorandum of Understanding and Salary Schedules with the International Brotherhood of Electrical Workers - Power Production.

Kelley Martinez, Interim
Personnel Director
Packet Pg. 599
Report to Redding City Council March 30, 2023
Re: 9.15(a)--IBEW Power Production MOU Approval Page 2
Background/Analysis
Effective February 7, 2023, the IBEW Power Production became a newly formed bargaining unit in the City of Redding (City). Negotiations for a Memorandum of Understanding began shortly thereafter in February 2023. There are 22 employees covered by this unit. Classifications covered under this bargaining unit include: Power Plant Utility Worker, Power Plant Warehouse Worker, Maintenance Coordination Assistant, Power Plant Auxiliary Operator, Power Plant Maintenance Mechanic, Power Plant Operator, Instrument and Electrical Technician, Power Plant Relief Operator, Working Foreman – Power Plant Maintenance Mechanic, Working Foreman – Power Plant Operations, Working Foreman – Instrument and Electrical Technician, and Control and Automation Technician.

Conditioned upon Council approval, major provisions of the proposal package include:

Term and Wages
• 3-year contract through April 4, 2026.
• Equity Adjustments by Job Classification as indicated below:

Job Classification
Proposed Equity
Adjustment
Control and Automation Technician 20%
Instrument & Electrical Technician 20%
Maintenance Coordination Assistant 15%
Power Plant Auxiliary Operator 20%
Power Plant Maintenance Mechanic 20%
Power Plant Operator 20%
Power Plant Relief Operator 20%
Power Plant Utility Worker 10%
Power Plant Warehouse Worker 10%
Working Foreman - Instrument & Electrical Technician 20% Working Foreman - Power Plant Maintenance Mechanic 20%
Working Foreman - Power Plant Operations 20%
• Five percent general wage increase effective March 31, 2024 • Five percent general wage increase effective March 20, 2025 The recommended wage adjustments for the classifications represented by IBEW Power Production are based on a December 2021 salary study of classifications that were compared against 10 comparable benchmark agencies. The analysis indicated the City’s IBEW Power Production unit classifications, on average, were approximately 21 percent below median wage.

The cost of living does vary by geographic region, and was factored into the survey result. The market wage disparity will continue to increase unless market wage adjustments are provided.

Staff expects some compression issues with these wage adjustments for positions that supervise the IBEW Power Production classifications. Any recommended wage adjustments as a result of this MOU will be brought to the Council for consideration in the near future.

Packet Pg. 600
Report to Redding City Council March 30, 2023
Re: 9.15(a)--IBEW Power Production MOU Approval Page 3
Benefit Modifications
Retirement Program
CalPERS Employee Paid Contribution Increase, CalPERS Classic Employees (2@55) Formula):
• 0.85 percent, for a total of 9.125 percent, effective as soon as administratively feasible.

PARS Employee Paid Contribution Increase
• 0.13 percent, for a total of 2.21 percent, effective January 1, 2024.

Group Health Program
• Additional 5 percent employee paid premium contribution (20 percent of the Base plan) in Calendar Year 2024.
• Increased Long Term Disability Insurance benefit, up to a maximum of $7,000 per month.

Other
• Reduced Compensatory Time Off maximum hours available to 160, from 240 hours. • Added Juneteenth holiday and deleted Columbus Day holiday. • Added new stand-by duty provision.

There will be some compression with unrepresented employees which will be addressed at a later date.

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
IBEW Power Production MOU Final 2023-2026 CLEAN (002)
IBEW Power Production-April 2, 2023
IBEW Power Production-March 31, 2024
IBEW Power Production-March 30, 2025
Packet Pg. 601
RESOLUTION NO. 2023 -___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

ADOPTING THE MEMORANDUM OF UNDERSTANDING AND

SALARY EXHIBITS BETWEEN THE CITY OF REDDING AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS –
POWER PRODUCTION UNIT, EFFECTIVE APRIL 5, 2023
WHEREAS, International Brotherhood of Electrical Workers – Power Production Unit has been formally recognized as the majority representative of an appropriate unit of employees, as set forth in Section 2.1 of Article 2 of the Memorandum of Understanding; and WHEREAS, the designated representatives of the City of Redding have conferred with and entered into a Memorandum of Understanding with the designated representatives of International Brotherhood of Electrical Workers – Power Production Unit, as required by the provisions of the Meyers-Milias-Brown Act of 1968; and
WHEREAS, staff has recommended adoption of said Memorandum of Understanding; 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 of the City of Redding that the aforesaid Memorandum of Understanding and Salary Exhibits are hereby approved and shall be effective April 5, 2023.

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 4th day April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVED:

PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 602 Attachment: ^Resolution (9.15(a)--IBEW Power Production MOU Approval)

MEMORANDUM OF UNDERSTANDING
between

THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING
and
THE DESIGNATED REPRESENTATIVES OF LOCAL UNION 1245
of

INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS AFL-CIO

POWER PRODUCTION UNIT,

ELECTRIC DEPARTMENT
EFFECTIVE: April 5, 2023
Packet Pg. 603 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval)

TABLE OF CONTENTS
ARTICLE 1: PREAMBLE.................................................................................................... 1 ARTICLE 2: RECOGNITION.............................................................................................. 2 ARTICLE 3: UNION DUES AND FEES............................................................................. 3 ARTICLE 4: GRIEVANCE PROCEDURE......................................................................... 4 ARTICLE 5: SAFETY.......................................................................................................... 6 ARTICLE 6: DISABILITY AND UNEMPLOYMENT....................................................... 6 ARTICLE 7: EMPLOYEE STATUS ................................................................................... 7 ARTICLE 8: WAGES AND CLASSIFICATIONS.............................................................. 8 ARTICLE 9: HOURS AND OVERTIME............................................................................ 9 ARTICLE 10: SENIORITY................................................................................................. 12 ARTICLE 11: PROMOTION AND TRANSFER.............................................................. 13 ARTICLE 12: DEMOTION, DISPLACEMENT, AND LAYOFF .................................... 15 ARTICLE 13: LEAVE OF ABSENCE............................................................................... 15 ARTICLE 14: EXPENSES................................................................................................. 16 ARTICLE 15: SICK LEAVE.............................................................................................. 18 ARTICLE 16: FUNERAL LEAVE .................................................................................... 19 ARTICLE 17: HOLIDAYS................................................................................................. 20 ARTICLE 18: VACATIONS.............................................................................................. 21 ARTICLE 19: INCLEMENT WEATHER PRACTICE..................................................... 22 ARTICLE 20: MISCELLANEOUS.................................................................................... 22 ARTICLE 21: EMPLOYEE BENEFIT PROGRAMS ....................................................... 24 ARTICLE 22: ENTIRE AGREEMENT............................................................................. 29 ARTICLE 23: TERM.......................................................................................................... 30 Packet Pg. 604 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) EXHIBIT A: SCHEDULE OF WAGE RATES
EXHIBIT B: JOB DEFINITIONS
EXHIBIT C: LINES OF PROGRESSION
EXHIBIT D: GRIEVANCE FORM
EXHIBIT E: STANDBY DUTY
Packet Pg. 605 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 1 MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 5th day of April, 2023, by and between the designated representatives of the CITY OF REDDING (a public agency as defined in Section 3501(c) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as the City, and the designated representatives of LOCAL UNION 1245 of INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, affiliated with the American Federation of Labor - Congress of Industrial Organizations (a recognized employee organization as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as Union,
WITNESSETH that:

WHEREAS, the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City, Union and the general public may benefit therefrom, and to establish fair and equitable wages, hours and working conditions for certain hereinafter designated employees of the City,
NOW, THEREFORE, the parties hereto do agree as follows:

ARTICLE 1: PREAMBLE

1.1 The parties acknowledge the provisions of Chapter 10 (Section 3500, et seq.) of Division 4 of Title 1 of the Government Code of the State of California.

1.2 It is the policy of the City and Union not to, and neither party will interfere with, intimidate, restrain, coerce or discriminate against any employee because of race, color, sex, sexual orientation, citizenship status, marital status, ethnicity, age (for people 40 and older), religion, gender identity, gender expression, genetic information, national origin and ancestry, political affiliation, creed, military or veteran status, physical disability, mental disability, medical condition or any other characteristic protected by state or federal law.

1.3 The City is engaged in rendering services to the public, and the City and Union recognize their mutual obligation for the continuous rendition and availability of such services. It is further recognized by both the City and the Union that City owned power generation facilities shall be kept in an operational ready condition at all times and to that end the City and the Union will actively strive to maintain the highest level of commitment for the continuous rendition of service to ensure such generation facilities are immediately ready and available for operation.

1.4 The duties performed by employees of City as part of their employment pertain to and are essential to the operation of a municipality and the welfare of the public dependent thereon.

During the term of this Memorandum of Understanding employees shall not partially or totally abstain from the performance of their duties for City during regular work hours or on an overtime basis. Union shall not call upon or authorize employees individually or collectively to engage in such activities and shall make a reasonable effort under the circumstances to dissuade employees from engaging in such activities and City shall not cause any lockout. Those employees who do individually or collectively partially or totally abstain from the performance of their duties for City Packet Pg. 606 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 2 during regular work hours or on an overtime basis shall be subject to disciplinary action up to and including discharge from employment.

1.5 City employees shall perform loyal and efficient work and service, and shall use their influence and best efforts to protect the properties of City and its service to the public, and shall cooperate in promoting and advancing the welfare of City and in preserving the continuity of its service to the public at all times.

1.6 City and Union shall cooperate in promoting harmony and efficiency among City employees.

1.7 The management of the City and its business and the direction of its working forces are vested exclusively in City, and this includes, but is not limited to, the following: to direct and supervise the work of its employees, to hire, promote, demote, transfer, suspend, and discipline or discharge employees for just cause; to plan, direct, and control operations; to lay off employees because of lack of work or for other legitimate reasons; to introduce new or improved methods or facilities, provided, however, that all of the foregoing shall be subject to the provisions of this Memorandum of Understanding.

1.8 If the City of Redding transfers legal ownership of the City’s Electric Utility facilities to another entity during the term of this Memorandum of Understanding, all terms and conditions of employment shall remain in full force and effect upon any City of Redding employees employed at the time of the transfer.

ARTICLE 2: RECOGNITION

2.1 The City recognizes the Union as the “Exclusive Representative” of all employees of the Power Production Unit of the Electric Department of the City who hold a classification listed on Exhibit “A” of this Memorandum of Understanding. The provisions of this Memorandum of Understanding hereinafter set forth shall apply only to those employees of the City of Redding for whom Local Union 1245 is the established exclusive representative.

2.2 Official representatives of the Union will be permitted access to City property to confer with City employees on matters of employer-employee relations but such representatives shall not interfere with work in progress without agreement of Management.

2.3 The City will provide the Union adequate bulletin board space for the purpose of posting thereon matters relating to official Union business.

2.4 The City will not interfere with, intimidate, restrain, coerce or discriminate against any employee because of the employee’s membership in Union or the employee’s activity on behalf of Union.

2.5 Any employee, at the employee’s request, shall be permitted representation by a Union representative. The foregoing shall apply to reprimands, disciplinary actions, investigations, interviews for promotion and hearings, providing there is no unreasonable delay in obtaining representation.

2.6 Joint Shop Steward-Management meetings shall be held at least two (2) times a year in February and August, or more often as agreed upon by Union and Management. The purpose of Packet Pg. 607 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 3 these meetings shall be to promote harmony and efficiency and to improve communications between employees and all levels of management. The meeting agenda shall be determined by those in attendance and there shall be no restrictions on the subject matter; provided, the meetings shall not substitute for normal grievance procedures or for formal negotiations between the parties.

Those in attendance shall consist of Union’s Business Representative and Shop Stewards and the City’s Labor Relations Representative and such other management personnel as determined by the City’s Labor Relations Representative. The meetings shall be summarized in written minutes.

Except that the provisions of this Section shall be observed, the meetings shall be self-organizing.

2.7 Whenever any employee is absent from work as a result of a formal request by the Union’s Business Manager and is engaged in official Union business, the City shall pay for all regular time lost and shall be reimbursed therefor by the Union at the rate of one hundred and fifty percent (150%) of the employee’s regular wage rate.

ARTICLE 3: UNION DUES AND FEES

3.1(a) The City will take payroll deductions from bargaining unit employees for any International Brotherhood of Electrical Workers Local Union 1245 (“Union”) dues or fees authorized by the employee.

3.1(b) The Union shall notify the City of any employee who has given the Union written authorization for deduction of any Union due or fees. The Union certifies that it shall collect and will maintain records of individual employee authorizations for deductions of said dues or fees.

The Union agrees to notify the City of any changes in employee authorizations to deduct Union dues or fees. The City shall rely on the Union’s certification of any dues and fees authorized by an employee and will not require the Union to provide a copy of the employee’s authorization unless a dispute arises about the existence of terms of the authorization. Any inquiries by employees regarding Union dues or fees should be directed to the Union. Upon Union notification to the City of written authorization by an employee, deductions shall be made from the first and second payroll periods of each month and a check for the total deduction shall be submitted to the Union within five (5) working days of the date the dues are withheld from the employee’s check. The total deduction shall be made via Automated Clearing House (ACH) deposit to the Financial Secretary of Local Union 1245, IBEW. Any employee appointed to any classification out of the bargaining unit covered by this Memorandum of Understanding may temporarily suspend their authorization to pay Union dues and fees and upon notice to the City by the Union of such temporary suspensions, the employee’s payroll deductions of any Union dues or fees shall be suspended for the duration of such period as the individual is working for City in a job classification not covered by this Memorandum of Understanding.

3.2 At least every 120 days, the City will provide the Union with a master list of all bargaining unit employees. The Master list will include the following information. Name, Address, job title, department.

3.3 The City will provide the Union with not less than 10 calendar days’ advanced notice of the time, date, and location of a new hire orientation session of any new employee. The City and the Union agree that a designated IBEW representative will be offered the opportunity to meet with newly hired members during the new hire orientation process or within 10 working days from the date of hire for 30 minutes.

Packet Pg. 608 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 4 3.4 The Union must indemnify the City against any liability arising from any claims, demands, or actions made by any employee for deductions made pursuant to this article in reliance on information provided by the Union.

3.5 In the event that any provision of this article is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the City will cease abiding by such provisions.

ARTICLE 4: GRIEVANCE PROCEDURE

4.1 Any grievance, which may arise between Union, or any of its members, and the City, with respect to the interpretation or application of any of the terms of this Memorandum of Understanding, and with respect to such matters as the alleged discriminatory or arbitrary discharge, demotion or discipline of an individual employee, shall be determined by the provisions of this Article, except that such matters as are included in the definition of impasse as set forth in Resolution No. 2012-091 are not a grievance. Probationary employees shall not be entitled to invoke Article 4, Grievance Procedure, with regard to matters of discharge or demotion. This shall not, however, prevent a probationary employee from exercising any other rights under this Memorandum of Understanding. Work day as used in this Article shall mean any day when City Hall is open to serve the public.

4.2 Step One: The initial step in the adjustment of a grievance shall be a discussion between the Shop Steward and the immediate supervisor directly involved who will answer within ten (10) work days. This step shall be started within thirty (30) work days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the Shop Steward.

4.3 Step Two: If a grievance is not resolved in the initial step, the second step shall be a written presentation of the grievance to the Power Plant Manager or Electric Program Supervisor and a discussion between the Shop Steward and the Power Plant Manager or Electric Program Supervisor, as applicable who shall answer in writing within ten (10) work days. This step shall be taken within ten (10) work days of the date of the answer in Step One.

4.4 Step Three: If a grievance is not resolved in the second step, the third step shall be a written presentation of the grievance to the Division Head and a discussion between the Shop Steward and the Division Head, who shall answer in writing within ten (10) work days. This step shall be taken within ten (10) work days of the date of the Power Plant Manager or Electric Program Supervisor’s answer as applicable in Step Two.

4.5 Step Four: If a grievance is not resolved in the third step, the fourth step shall be a written presentation of the grievance to the Department Director and a discussion between the Shop Steward and the Department Director, who shall answer in writing within ten (10) work days.

This step shall be taken within ten (10) work days of the date of the Division Head’s answer in Step Three.

4.6 Step Five: If a grievance is not resolved in the in fourth step, the fifth step shall be a written presentation of the grievance to the City’s Labor Relations Representative and a discussion between the Union’s Business Representative, and the City’s Labor Relations Representative who shall conduct an investigation and attempt to resolve the grievance. If no resolution of the grievance is achieved, the City’s Labor Relations Representative shall provide the Union’s Packet Pg. 609 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 5 Business Representative with the City’s answer, in writing, to the grievance. This step shall be taken within ten (10) work days of the date of the Department Director’s answer in Step Four.

4.7 Step Six: If a grievance is not resolved in the fifth step, the sixth step shall be the presentation of the grievance, in writing, by the Union’s Business Representative to the City Manager, or designee, who shall answer, in writing, within ten (10) work days. The sixth step shall be taken within ten (10) work days of the date of the answer in Step Five.

4.8(a) Step Seven: If a grievance is not resolved in the sixth step, the seventh step shall be referral by either the City, or the Union, to arbitration. The seventh step shall be taken within twenty (20) work days of the date of the answer in Step Six.

4.8(b) An arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. The arbitrator shall be chosen by mutual agreement of the City and Union. In the event that the City and Union are unable to agree on the selection of an arbitrator, they shall request the State of California Mediation and Conciliation Service to nominate five (5) persons for arbitrator. The City and the Union each will alternately challenge two (2) of such nominees, the party having the first challenge to be determined by lot. The remaining nominee shall be accepted as the arbitrator and the arbitrator’s compensation and expenses shall be borne equally by the City and Union. The City and Union shall pay the compensation and expenses of their respective appointees and witnesses. At Union’s request the City shall release employees from duty to participate in arbitration proceedings.

4.8(c) The arbitrator shall hold such hearings and shall consider such evidence as appears necessary and proper. The first hearing should be held within ninety (90) days of the date of referral to arbitration. Following the hearings and prior to the arbitrator’s final decision, the arbitrator shall submit a proposed decision to the parties for their review and the opportunity to submit additional information prior to the arbitrator’s decision becoming final and binding on the parties. Any additional information submitted by either party shall be submitted to the arbitrator and the other party. Thereafter, the decision of the arbitrator shall be final and binding on City and Union and the aggrieved employee, if any, provided that such decision does not in any way add to, disregard or modify any of the provisions of this Memorandum of Understanding.

4.9 Failure by the Union to meet any of the aforementioned time limits as set forth in Section 4.2, 4.3, 4.4, 4.5, 4.6, 4.7 or 4.8(a) will result in forfeiture. Failure by the City to meet any of the aforementioned time limits as set forth in Sections 4.2, 4.3, 4.4, 4.5, or 4.7, will allow the Union to go forward with the grievance to the next step of the established procedures, except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this Memorandum of Understanding, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances.

4.10 Notwithstanding the aforementioned procedure, any individual employee shall have the right to present grievances to the City and to have such grievance adjusted without the intervention of Union, provided that the adjustment shall not be inconsistent with this Memorandum of Understanding and provided, further, that Union’s Business Representative shall be given an opportunity to be present at such adjustment. Grievances settled by individual employees without representation by Union officials shall not bind either party to an interpretation of this Memorandum of Understanding, nor shall such settlements be cited by either party as evidence in the proposed settlement of subsequent grievances.

Packet Pg. 610 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 6 ARTICLE 5: SAFETY

5.1 The City Council desires to maintain a safe place of employment for City employees and to that end, City Management shall make all reasonable provisions necessary for the safety of employees in the performance of their work.

5.2 Regular “tailgate” meetings will be held on all jobs to plan the job and emphasize safety in their performance.

5.3 Regular safety meetings will generally be held every other month or as otherwise required by Cal-OSHA regulations and/or the department Safety Charter. The purpose of the meeting is to review accidents investigations and preventing their recurrence, identifying hazardous conditions, discussion to resolve hazardous conditions, presentation of City or Department Safety Procedures and applicable State Safety Orders. The City will notify the Union of the date, time and place of such meetings, in order that the Union’s Steward or Business Representatives may attend and participate.

5.4 In the event of an accident, resulting in serious injury or death of an employee of the City, the City will notify the Union immediately in order that the Union’s Business Representative may conduct an investigation of the accident.

5.5 The City shall provide training and certification, including first aid and CPR, and personal protective equipment for its employees to perform their jobs safely according to federal, state and local regulations.

ARTICLE 6: DISABILITY AND UNEMPLOYMENT

6.1(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the Public Employees’ Retirement System is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent (85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee’s regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the Public Employees’ Retirement System. In consideration of this benefit, the Regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers’ Compensation, employee group health and welfare insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever any employee is released for light Packet Pg. 611 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 7 duty work and such employee declines such light duty employment, the employee will thereby waive any and all rights to supplemental benefits for industrial injury as set forth above. Whenever there is reason to suspect any employee of abusing the employee’s rights to workers’ compensation benefits, the parties shall cooperate in controlling such employee abuse.

6.1(b) An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the employee’s ability to perform, with the consent of the employee’s physician. The duration of any such period of temporary work shall be determined by City. Such employee shall be compensated at the then current rate of pay of the employee’s regular classification while engaged in such temporary duties. An employee engaged in such temporary duties shall be eligible for overtime compensation at the discretion of City management and where such duties necessitating overtime compensation are consistent with any applicable work restrictions for the employee. Employees engaged in such temporary duties who are eligible for overtime compensation as provided in this Section are not covered by the provisions of Section 9.10 of this Agreement. The City may require an employee being considered for return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by the City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee’s position without hazard to the employee, or to the employee’s fellow employees, or to the employee’s own permanent health.

6.1(c) If a third party is found to be responsible for the employee’s industrial injury and the employee recovers a judgment in damages from said third party, then all supplemental benefits received as provided for in Section 6.1(a) not already repaid from the other sources mentioned in Section 6.1(a) shall be repaid to the City by the employee.

6.1(d) Vacation and sick leave shall be accrued while a Regular employee is absent from work as a result of a job-related disability and receiving the supplemental benefits to Workers’ Compensation temporary disability compensation as set forth in 6.1(a) for the period of such disability, but not exceeding one (1) year. All Regular employees who are receiving Workers’ Compensation temporary disability benefits shall receive group insurance coverage during the period in which they are receiving temporary disability compensation for up to a maximum of a cumulative total of three (3) years, provided the employee pays his or her normal share of the group health and welfare insurance coverage program premium. Holidays which occur during the period for which an employee is receiving temporary disability compensation shall not be recognized by such employee for compensation purposes. If the employee is approved to return to work both by the employee’s and the City’s medical doctor, but the employee is physically unable to return to the previously held position, the City will work with the employee and the Union in an effort to place the employee in vacant position within the City for which the employee is qualified and physically able to perform.

ARTICLE 7: EMPLOYEE STATUS

7.1 Employees will be designated as Regular, or Full-Time Temporary depending upon the purpose for which they are hired and their length of continuous service with the City.

7.2 A Regular employee (Status 3) is defined as an employee hired for a full-time position that has been regularly established as an authorized position and is of indeterminate duration. A Regular employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance Packet Pg. 612 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 8 coverage and items of similar nature, as the employee becomes eligible. Regular employees shall serve a probationary period of one (1) year upon initial appointment to Regular status. Such probationary period is considered to be a continuation of the selection process and employees may be terminated from employment without recourse at any time during the probationary period.

Notwithstanding any other provision of this Article, an employee’s probationary period shall be extended by the duration of any unpaid absence of ten (10) or more consecutive work days.

Employees serving their initial probationary period shall not be eligible for leave of absence, supplemental benefits for industrial injury, nor be given preferential consideration for promotion or transfer.

7. 3 A Full-Time Temporary employee (Status 7) is defined as an employee hired for occasional or seasonal work for a period not to exceed one thousand (1,000) hours in a fiscal year.

A Full-Time Temporary employee shall receive not less than the minimum rate for the job and be eligible for sick leave pay per California law, but shall not be eligible for holiday pay, vacation pay, insurance coverage, retirement plan participation or items of a similar nature, nor shall the employee accrue seniority, or promotion and transfer rights, or leave of absence rights. If a FullTime Temporary employee is reclassified to Regular status without a break in service, the employee shall maintain continuous service from the employee’s date of hire as a Full-Time Temporary for seniority, vacation and sick leave accrual purposes only.

ARTICLE 8: WAGES AND CLASSIFICATIONS

8.1 Employees shall be paid the wage established for their classification. Employees shall be paid a wage rate based upon their work performance. Upon initial appointment to a classification an employee shall normally be paid the lowest wage rate for that classification. An employee may, however, be paid a wage rate above the lowest wage rate if circumstances justify it.

When an employee is appointed to a classification which has a wage range overlapping the wage range of the employee’s previous classification, the employee shall be paid at the wage rate of the classification to which the employee is being appointed, which is the next higher to his present wage rate, but not more than the top wage rate of the classification to which the employee is appointed. Notwithstanding the following requirements relative to a period of employment at a salary step, the Department Director may recommend a salary step increase at an earlier or later time. Step increases require City Manager approval and may be granted as follows. After twentysix (26) full pay periods of employment at salary step 4, and with satisfactory or above work performance during the full time period, an employee shall be advanced to salary step 5. A full pay period as used in 8.1 is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours.

8.2 Wages shall be paid at bi-weekly intervals on Thursdays after 12:00 noon for a pay period ending no earlier than the preceding Saturday. If a pay day falls on a holiday, payments shall be made on the preceding workday. Employees hired after April 7, 2010, must make arrangements to have their pay deposited to a bank account via electronic transfer.

8.3 When an employee is temporarily assigned for a minimum of one-half (½) hour accumulated during any workday to work in a classification higher than the employee’s regular classification, the employee shall be paid at the rate established for the higher classification, with a minimum of two (2) hours and time computed to the nearest quarter hour, except when the work is performed outside of the regular work hours and the duration is less than two (2) hours. When an employee is temporarily assigned to work in a higher classification which has a wage range overlapping the wage range of the employee’s regular classification, the employee shall be paid at Packet Pg. 613 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 9 the wage rate of the classification to which he is temporarily assigned, which is next higher to the employee’s present wage rate, but not more than the top wage rate of the temporary classification.

The temporary upgrade wage rate will also apply to any meal time or travel time that occurs while the employee is temporarily reassigned.

8.4 When an employee is temporarily assigned to work in a classification lower than the employee’s regular classification, the employee’s rate of pay will not be reduced. Notwithstanding the foregoing however, whenever any employee requests to be temporarily assigned to perform the duties of a lower paying classification pursuant to Section 11.5 of Article 11, Promotion and Transfer, such employee’s wage rate shall be reduced to the wage rate of the lower paying classification.

8.5 For purposes of wage rate progression in a temporary classification, the time worked by an employee in other than the employee’s regular classification shall also be accrued in such temporary classification.

8.6 Shift differential shall be paid to those employees performing Power Plant Operations, and Maintenance work when their regularly scheduled work shift represents one-half (½) or more of the following time periods and at the rate specified as follows:

TIME PERIOD SHIFT DIFFERENTIAL
4:00 P.M. TO 12:00 midnight 3.5%
12:00 midnight to 8:00 a.m. 5%
Shift differential will be paid on regular hours worked to the employee who actually works the evening or early morning schedule on any particular day.

8.7 Attached hereto and made a part hereof are: Exhibit “A-1” through “A-3”, all of which are titled “Schedule of Wage Rates.”

8.8 Attached hereto and made a part hereof is Exhibit “B”, titled “Job Definitions”.

8.9 Attached hereto and made a part hereof is Exhibit “E”, titled “Standby Duty”.

ARTICLE 9: HOURS AND OVERTIME

9.1 All Regular employees will receive full-time employment for each workweek employed, provided they report for duty and are capable of performing their work. This is not to be interpreted that the City does not retain the right to lay off or release employees on account of lack of work or other valid reason at the end of the workweek.

9.2 Each employee shall report for work at the employee’s regularly established headquarters and shall return thereto at the conclusion of the day’s work and the time spent in traveling between such headquarters and the job site shall be considered as time worked.

9.3 A workweek is defined to consist of seven (7) consecutive calendar days, Sunday through Saturday, and, except as otherwise provided herein, a basic workweek is defined to consist of five (5) consecutive workdays of eight (8) hours each, Monday through Friday. The regular Packet Pg. 614 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 10 work hours shall be 7:00 a.m. to 11:00 a.m. and 11:30 a.m. to 3:30 p.m. Notwithstanding the foregoing, the regular lunch period may be advanced or delayed up to one (1) hour without the payment of overtime compensation. The City shall provide the means of transportation and pay for time required to transport employees for the purpose of consuming their lunch only when adverse weather conditions exist at the job site. Whenever it becomes necessary for any employee to attend first-aid meetings, safety meetings, or formal training sessions, such employee’s work hours and/or work days may be changed only for the duration of such requirements in order to allow the employee to attend. Any such work schedule change shall not be construed as meeting any of the definitions of Section 9.6, nor require payment pursuant to Section 9.7.

9.4(a) Notwithstanding the provisions of 9.1 and 9.3, employees engaged in service work and Redding Power Plant Maintenance Mechanics and Instrument & Electrical Technicians may be assigned to any hours and/or days of work, providing the schedule is regularly established to be of not less than four (4) weeks duration. By mutual agreement, the employee and City can agree to less than four (4) weeks duration.

9.4(b) Notwithstanding the provisions of 9.1 and 9.3, Power Plant Operators, Power Plant Equipment Operators, Power Plant Utility Workers, and Power Plant Warehouse Workers’ may be assigned to any hours and/or days of work, providing the schedule is regularly established to be of not less than one (1) week duration. Power Plant Relief Operators’ may be assigned to any hours and/or days of work. By mutual agreement, the employee and City can agree to less than one (1) week duration.

9.4(c) Notwithstanding the provisions of 9.1 and 9.3, employees classified as Power Plant Operator and Power Plant Equipment Operator may be assigned to work a schedule commonly known as a “seventy-six and eight.” Such schedule may from time to time be modified in accordance with the provisions of this Memorandum of Understanding. Notwithstanding 9.4(b), the Power Plant Relief Operator may be assigned to different work days upon seventy-two (72) hours notice and may be assigned to different shift start and stop times upon twenty-four (24) hours notice.

9.4 (d) Any work shift other than as established in 9.3 as provided in 9.4(a), 9.4(b), or

9.4(c) shall consist of eight (8), ten (10), or twelve (12) consecutive hours as applicable, with a meal taken near the middle of the shift, providing the work shift begins prior to 6:00 a.m. or later than 12:00 noon. The work shift starting time shall not vary by more than two (2) hours throughout the basic workweek. Establishment of hours and days of work other than as in 9.3 shall be limited to the needs of the service.

9.5 Notwithstanding anything contained herein, any schedule of days and/or hours of work may be established by mutual agreement between the employee, the Union, and the City’s Labor Relations Representative.

9.6 Overtime is defined as (a) time worked in excess of forty (40) hours in a workweek, (b) time worked in excess of eight (8), ten (10), or twelve (12) hours as applicable on a scheduled workday, (c) time worked on a non-workday, (d) time worked outside of regular hours on a workday, and (e) time worked on a holiday. Overtime shall be computed to the nearest one-quarter (1/4) hour. For those employees who work a “seventy-six and eight” schedule, paid time off will count toward the calculation of overtime, but only during the week which includes forty-nine (49) regularly scheduled hours, and only when the employee works the hours paid as overtime.

Packet Pg. 615 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 11 9.7 Except as otherwise provided in this section, overtime compensation shall be paid at a rate equivalent to two (2) times the regular rate of pay. Overtime pay at double the employee’s regular pay rate shall continue until the employee is released from duty or the beginning of the employee’s regular work hours, whichever occurs first. Notwithstanding the foregoing provisions on compensation for overtime work, an employee may at the employee’s option, providing it is legally permissible, elect to receive time off with pay at the same rate of time off for each overtime hour worked as the employee’s compensation rate would have been. The maximum compensatory time off accrual shall be one hundred and sixty (160) hours. Compensatory time off with pay shall be scheduled in the same manner as vacations are normally scheduled.

9.8 Notwithstanding the provisions of 9.6 and 9.7, for those employees who work a “seventy-six and eight” schedule, overtime compensation during regularly scheduled hours, including briefing time up to one-quarter (1/4) hour, shall be compensated at two (2) times the employee’s regular rate of pay.

9.9 If an employee performs overtime work immediately following the end of the employee’s regular shift no travel time shall be paid. Employees who are required to report for work on their non-workdays, or on holidays they are entitled to have off, or outside of their regular hours on workdays, or returning to work from a rest period, shall be paid overtime compensation for the actual time worked, including one-half (½) hour travel time each way, but in no event for less than two (2) hours compensation each time an employee is required back to work except in the instance where the work continues into regular work hours. If an employee who is called out for such work outside of the employee’s regular hours on a workday continues to work into the employee’s regular hours, the employee shall be paid overtime compensation only for the actual time worked and travel time one way. Notwithstanding the above, the Power Plant Relief Operator is not subject to this language when appropriate notice as defined in 9.4(d) is provided.

9.10 Overtime shall be distributed as equally as is practicable among those employees who are qualified and available, and the City shall not require employees who have worked overtime to take equivalent time off during a workday without pay.

9.11 Notwithstanding the provisions of 9.3, the City’s Labor Relations Representative and the Union’s Business Representative may agree to a workweek or work hours other than as defined in 9.3 during the term of this Memorandum of Understanding.

9.12(a) If an employee has worked for eight (8) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of the employee’s regular work hours on a workday the employee shall be entitled to a rest period of eight (8) consecutive hours on the completion of such overtime work. Notwithstanding the above, at the discretion of the Director or his/her designee, for safety purposes an employee may be excused from a portion of their regular shift with pay. This determination would be on a case by case basis.

9.12(b) There shall be included as part of the eight (8) hours worked at the overtime rate in such sixteen (16) hour period any travel time and meal time to which the employee is entitled when overtime work is performed except that any travel time and meal time to which the employee is entitled after being dismissed from work shall not be included as hours worked in such period, but it shall be included in the computation of the eight (8) hour rest period.

Packet Pg. 616 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 12 9.12(c) Hours worked prior to any eight (8) hour rest period in which the employee does not work shall not be included in computing another period of overtime work.

9.12(d) If the eight (8) hour rest period in whole or in part overlaps the employee’s regular work hours the employee will receive pay at the straight rate for the extent of the overlap. Time taken during such overlap for any meal to which the employee is entitled shall be paid at the overtime rate.

9.12(e) If the employee is called back to work during the employee’s eight (8) hour rest period a new rest period will commence at the conclusion of such work.

9.12(f) (1) If the rest period overlaps the employee’s regular work hours but does not extend into the second half of the employee’s workday, the employee may be excused from reporting for work until the beginning of the second half of the employee’s workday, and the employee will be paid for the time between the expiration of the rest period and the end of the first half of the employee’s workday.
(2) If the rest period extends into the second half of the employee’s workday, the employee may be excused from reporting for work until the following workday, and the employee will be paid for the time between the expiration of the rest period and the employee’s regular quitting time on such day. (3) An employee, except for employees assigned to the Redding Power Plant, unless otherwise instructed, shall be deemed to be excused from reporting to work for the period between the end of the employee’s rest period and the reporting time as designated by the applicable subdivision.

9.12(g) An employee entitled to a rest period may be required to work during regular work hours on a workday without having had a rest period of eight (8) consecutive hours, in which event the employee shall be paid at the overtime rate for all work performed until the employee has been relieved from duty for at least eight (8) consecutive hours. Whenever an employee is required to work during regular work hours and through an earned paid rest period, the employee shall be entitled to pay at three (3) times the employee’s regular rate of pay.

ARTICLE 10: SENIORITY

10.1 Seniority is defined as total length of continuous service with the City except for the purpose of promotion and transfer as outlined in Article 11. In determining an employee’s seniority the continuity of the employee’s service will be deemed to be broken by termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff for more than six (6) consecutive months, (4) failure to return immediately on the expiration of a leave of absence or acceptance of other full-time employment while on leave, or (5) absence without pay, without a leave of absence, in excess of three (3) consecutive workdays. Continuity of service will not be broken and seniority will accrue when an employee is: (a) inducted, enlists or is called to active duty in the Armed Forces of the United States, or service in the Merchant Marine, under any Act of Congress which provides that the employee is entitled to re-employment rights, (b) on duty with the National Guard, (c) absent due to industrial injury (d) on leave of absence or (e) absent due to layoff for a period of less than six (6) consecutive months.

Packet Pg. 617 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 13 ARTICLE 11: PROMOTION AND TRANSFER

11.1 Except as otherwise provided in this section for the entry-level positions of Power Plant Utility Worker, Power Plant Auxiliary Operator, and Power Plant Warehouse Worker when new positions or additional positions are created, or vacancies other than temporary vacancies occur, in positions within the bargaining unit for whom Local Union 1245 is the exclusive representative, the City shall fill such positions from qualified pre-bid employee applications, if any. In filling such positions, the City shall give preferential consideration to Regular employees as defined in 7.2, who are within the bargaining unit covered by this Memorandum of Understanding, in the sequence set forth below. When employees in the same preferential sequence as provided in (a) through (c) are each qualified by knowledge, skill, efficiency, adaptability and physical ability for appointment to the position vacancy, the pre-bid of the employee with the most seniority in an IBEW Local 1245 bargaining unit shall be given preferential consideration for appointment. For each entry-level position vacancy which occurs, the City may refrain from following the procedures set forth herein and may select any applicant for an entry-level position vacancy which in the judgment of the City is best-qualified for said position vacancy.
(a) Pre-bids made by Regular employees who are in the Department in which the vacancy exists who hold a classification equal to or higher than that in which the job vacancy exists.
(b) Pre-bids made by Regular employees who are in the Department in which the vacancy exists who are at the top rate of pay of the next lower classification in the normal line of progression.
(c) Pre-bids made by Regular employees who are in the Department as applicable in which the vacancy exists who hold classifications other than those listed above.

Whenever the City is unable to fill any position vacancy covered by this Memorandum of Understanding as set forth above, the City shall give consideration to those employees who are qualified and covered by any other Memorandum of Understanding between the City and the Union, prior to the City employing any other person for a position covered by this Memorandum of Understanding.

11.2 The City shall in not more than twenty-one (21) working days from the date the position vacancy is filled, post on the designated bulletin boards a notice regarding the disposition of the position with the name of the applicant selected, and mail a copy of such notice to the Union’s Business Representative together with a list of all applicants for the position.

11.3 Any Regular employee of the City as defined in 7.2 may submit a pre-bid on any existing job classification and location for which the employee desires consideration. The pre-bid must be submitted on a form provided by the City’s Personnel Office. At the time the form is delivered to the Personnel Office, it will be dated and receipted and a copy provided to the employee. The City shall not consider original pre-bids for any position vacancies which are submitted less than eight (8) calendar days prior to the filling of a job vacancy. Pre-bids will be valid until such time as the employee changes classifications, or until fifteen (15) calendar days have elapsed from such time as the employee rejects a permanent appointment to the classification and location on which the pre-bid is made.

Packet Pg. 618 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 14 11.4 Notwithstanding anything contained herein, the City need not consider the pre-bid application of any employee who does not possess the knowledge, skill, efficiency, adaptability, and physical ability required for the position for which the application is submitted. For purposes of determining employee qualifications, the City may utilize examinations. When the City intends to appoint an employee to a vacancy in preference to an employee with greater seniority, as specified in 11.1, the City shall notify Union’s Business Representative of its intent prior to such appointment.

11.5 Whenever a vacancy occurs in any job classification, the City may, at its discretion, temporarily fill such vacancy. If practicable, the City shall fill such temporary vacancy with the employee who would be most eligible therefor under the provisions of this Article. If the temporary vacancy lasts for forty-five (45) calendar days or more, and the City elects to temporarily fill such temporary vacancy, the City shall select the employee who would be most eligible therefor under the provisions of this Article and shall fill such temporary vacancy by temporary reclassification of the selected employee.

11.6 A temporary vacancy is one created by additional workload, or an employee’s absence from work due to illness, disability, vacation, leave of absence, or a vacancy of less than six (6) months duration.

11.7 All appointments filled by promotion or transfer of a City employee shall be on a probationary basis for six (6) calendar months for the purpose of determining qualifications and fit for the position. At any time during the probationary period, either the employee or the City may terminate the appointment. If an appointment is terminated, the employee shall be returned to either the employee’s previous classification and wage rate, or some other classification that is mutually satisfactory to both the employee and the City. If an appointment is terminated, the City need not give further consideration on that classification and location for a period of one (1) year to the employee who did not successfully complete the probationary period.

11.8 Notwithstanding anything contained in this Article, the City’s Labor Relations Representative and the Union’s Business Representative may agree to other provisions during the term of this Memorandum of Understanding.

11.9 At the discretion of the City, non-unit employees may be placed into the bargaining unit under the following conditions:
(a) The non-unit employee must have previously been employed by the City in a classification in the bargaining unit.
(b) The non-unit employee must be placed in a classification in the unit which is no higher than the previous classification held. (c) With the exception of the initial three (3) calendar months out of the bargaining unit, seniority accrued by the non-unit employee shall not be recognized for the purposes of this Article only.
(d) The non-unit employee must be placed in a vacant position and may not displace, demote, or cause the layoff of another unit member.

Packet Pg. 619 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 15 (e) After placement in the unit, the employee may not be promoted to a higher classification within the unit until the employee has served at least one (1) year in the bargaining unit. After completion of one (1) year of service back in the bargaining unit, the employee’s previous seniority accrued while in the unit and the initial three (3) calendar months while out of the bargaining unit, shall be combined with the new year of seniority for purposes of the provisions of this Article.

11.10 Attached hereto and made a part hereof is Exhibit “C” titled “Lines of Progression.” ARTICLE 12: DEMOTION, DISPLACEMENT, AND LAYOFF

12.1 When it becomes necessary for the City to lay off Regular employees, the City will give employees involved as much notice as possible; but in no event will such employees receive less than two (2) weeks notice of layoff. Where probationary or temporary employees are to be laid off, no notice of layoff need be given.

12.2 Layoff in all cases due to lack of work will be determined by an employee’s seniority. An employee whose job is being eliminated may elect to displace an employee in a lower paid classification if qualified to perform the duties of the lower paid classification and if the employee’s seniority is greater than that of the employee in the lower paid classification.

12.3 Regular employees who are laid off will be given preference in filling future vacancies for a period up to six (6) months, providing they keep the City advised of their current address.

12.4 Notwithstanding the provisions of this Article, the City’s Labor Relations Representative and the Union’s Business Representative may agree to other procedures during the term of this Memorandum of Understanding.

12.5 Non-unit employees may be placed in the bargaining unit at management’s discretion pursuant to the provisions of Section 11.9.

ARTICLE 13: LEAVE OF ABSENCE

13.1 Leave of absence may be granted to Regular employees by the City Manager for urgent and substantial reasons, up to a maximum of one year (except when the employee is receiving long term disability benefits in which case a time limit of five (5) continuous years shall apply), providing satisfactory arrangements can be made to perform the employee’s duties without undue interference with the normal routine of work. Inability to return to work after an employee’s sick leave has been exhausted will be considered as an urgent and substantial reason and in such cases a leave will be granted.

13.2 A leave of absence will commence on and include the first workday on which the employee is absent and terminates with and includes the workday preceding the day the employee returns to work.

13.3 All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. Upon an employee’s return to work after a Packet Pg. 620 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 16 leave of absence, the employee will be reinstated to the employee’s former position and working conditions, providing that the employee is capable of performing the duties of the employee’s former position, except that if there has been a reduction of forces or the employee’s position has been eliminated during said leave, the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence.

13.4 An employee’s status as a Regular employee will not be impaired by such leave of absence and the employee’s seniority will accrue.

13.5 If an employee fails to return immediately on the expiration of the employee’s leave of absence or if the employee accepts other full-time employment while on leave, the employee will thereby forfeit the leave of absence and terminate the employee’s employment with the City.

13.6 An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group insurance coverage. An employee may, however, at the employee’s option and expense, maintain the employee’s group insurance coverage providing the full monthly premium is received in the Finance Department of the City on or before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of absence is as a result of exhaustion of sick leave benefits an employee’s group insurance may be maintained for up to six (6) calendar months on the normal premium-sharing formula pursuant to Article 21.2, providing the employee pays the employee’s share of the premium on a timely basis.

If the leave of absence is as a result of a work-related disability, the employee may elect retiree health benefits pursuant to Article 21.3 until such time as the employee is eligible for retirement.

13.7 Except for the one (1) year limitation of 13.1 and the prohibition on other employment of 13.5, a reasonable leave of absence may be granted by the City Manager to an employee for up to a maximum of three (3) years to serve as a steward or officer of the Union or of any statewide or national employee organization with which the Union is affiliated pursuant to Government Code section 3558.8.

ARTICLE 14: EXPENSES

14.1 Whenever an employee uses the employee’s personal automobile for the City’s convenience, the employee will be reimbursed therefor at the same rate per mile as established for non-represented City employees.

14.2 Whenever an employee is required to change the employee’s residence from one locality to another for the City’s convenience, the City will provide means of moving the employee’s household goods.

14.3 Employees who are assigned to temporary work at such distance from their regular headquarters that it is impractical for them to return thereto each day, or to their regular place of abode, will be allowed actual personal expenses for board and lodging for the duration of such assignment, provided they board and lodge at places to be designated by the City. The time spent by such employees in traveling to such temporary job at its beginning, to and from home on holidays and weekends, and from such temporary job at its conclusion and any reasonable expense incurred thereby will be paid by the City.

14.4 If the City requires an employee to perform work for one and one-half (1-1/2) hours or more beyond regular work hours, it will provide the employee with a meal and with meals at Packet Pg. 621 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 17 intervals of approximately four (4) hours, but not more than five (5) hours insofar as it is possible for the City to do so. The cost of any meal and the time necessarily taken to consume same will be at City’s expense.

14.5(a) If City requires an employee to perform work outside of regular hours on either workdays or on non-workdays, the City will provide meals at intervals of approximately four (4) hours, but not more than five (5) hours insofar as it is possible for the City to do so and for as long as the work continues. The cost of any such meals and the time necessarily taken to consume same will be at the City’s expense. Where any such work extends into regular work hours on workdays, the foregoing provisions shall be operative until such time as the employee is released from work for the day, providing, however, that such work period starts at least two (2) hours or more before the regular starting time, and provided further that the employees have not been given notification of the overtime work prior to the end of the preceding regular work shift.

14.5(b) When employees are given notice by the end of the preceding work period, and such work period starts at least two (2) hours but no more than four (4) hours before the regular starting time, the normal lunch practices of releasing the employee from duty without pay for one-half (½) hour to consume a meal at the employee’s own expense will be followed. Following consumption of the employee’s first meal, the City will provide meals at intervals of approximately four (4) hours but not more than five (5) hours thereafter, as set forth above in Section 14.5(a)

14.5(c) When employees are given notice by the end of the preceding work period, and such work period starts less than two (2) hours before the regular starting time, the normal lunch practices of releasing the employee from duty without pay for one-half hour at approximately the usual meal time to consume a meal at the employee’s expense will be followed.

14.6 When work is to be performed during regular work hours on non-workdays and the employee is given notice by the end of the preceding work period, the normal lunch practices will be followed on such days.

14.7 The City shall pay the cost of any meal which it is required to provide, in accordance with this Article, and shall consider as hours worked the time necessarily taken to consume such meal, except, however, that when a meal is taken at City’s expense following dismissal from work the time allowance therefor shall be one (1) hour. If an employee who is entitled to a meal under the provisions of this Article upon dismissal from work does not accept such meal the employee shall nevertheless be entitled to such time allowance of one and one-half (1½) hours. If an employee who is entitled to a meal under the provisions of this Article does not accept such meal, the employee shall nevertheless be entitled to such time allowance of one-half (½) hour for each meal missed except for a meal due at the end of the work period. The City will provide a thirty-eight dollar and fifty cent ($38.50) meal allowance in the employee’s paycheck for any meal required by the provisions of this Article.

14.8 Notwithstanding the provisions of Sections 14.4, 14.5(b), 14.5(c) and 14.7, employees assigned to the Redding Power Plant will not be allowed to leave their work site to consume their meals without City approval.

14.9 Whenever any employee is entitled to payment for meals required under the provisions of this Article, such payment shall be made with the employee’s regular salary check.

Packet Pg. 622 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 18 ARTICLE 15: SICK LEAVE

15.1 Sick leave with pay shall be accrued as follows:
(a) Regular employees shall accrue sick leave at the rate of four hundred sixty tenthousandths (.0460) of an hour for each regular hour worked, or while on paid leave. (Accrual rate approximately one (1) day per month, or 3.68 hours per pay period) Such employees working a regular shift of 12 hours (seventy-six and eight schedule) shall accrue sick leave on a total of eighty (80) hours per pay period provided that the employee works or is on paid leave a minimum of eighty (80) hours during such pay period.
(b) Full-Time Temporary employees (Status 7) will accrue paid sick leave at a rate of one hour for every 30 hours worked which is equivalent to a rate of .033 per hour worked. Full –Time Temporary employees (Status 7) will be eligible to use the sick leave accrual on the 90th day of employment, and will be limited to 24 hours or three days of paid sick leave in each year of employment per California state law. A minimum increment of sick leave usage is two hours.

15.2 Sick leave shall be allowed for an absence due to the following reasons:
(a) The inability of an employee to be present or perform the employee’s duties because of personal illness, off duty injury, or confinement for medical treatment;
(b) Personal medical or dental appointments, which are impracticable to schedule outside of regular working hours,
(c) The need to be present during immediate family members’ illness or disability for up to a maximum of forty-eight (48) hours per calendar year. “Immediate family” member means those listed in the Funeral Leave provisions of this Memorandum of Understanding;
(d) The need to be present during childbirth, surgery, critical illness or injury involving members of the immediate family for up to forty (40) hours per incident.

15.3 Management may require satisfactory evidence of sickness or disability before payment for sick leave will be made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically fit and able to perform the duties of the employee’s former position without hazard to the employee, or to the employee’s fellow employees, or to the employee’s own permanent health.

Such examination or examinations shall be at the sole expense of the City. Whenever there is reason to suspect any employee of abusing the employee’s rights to sick leave with pay, the parties shall cooperate in controlling such employee abuse.

15.4 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, the employee shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave.

Packet Pg. 623 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 19 15.5 Any employee who after ten (10) years of continuous service to the City terminates employment shall be paid at the employee’s regular pay rate for thirty-three and one-third percent (33-1/3%) of the employee’s accumulated sick leave hours. For employees with fifteen (15) years or more but less than twenty (20) years of continuous service, the percentage set forth above shall be increased to forty-five percent (45%). For employees with twenty (20) years or more continuous service, the percentage set forth above shall be increased to sixty percent (60%).

Effective September 20, 2011, or when the appropriate VantageCare contract amendment has been executed, upon retirement, any sick leave pay out the employee is eligible to receive will be transferred into the VantageCare Retirement Health Savings Plan on a pre-tax basis. The sick leave pay out amount will be calculated using the percentage levels described in the paragraph above.

However, if the sick leave payout is less than $5,000, then the employee is not entitled to participate in the VantageCare Retirement Health Savings Plan and shall receive a cash out payment as described in the paragraph above. Any sick leave amount remaining will be used as service credit toward the employee’s retirement benefit through CalPERS, pursuant to the contract between the City of Redding and CalPERS.

15.6 Whenever any employee exhausts all categories of paid time off as a result of a nonwork-related illness or injury, with approval of the employee’s Department Director, the Personnel Director and the City Manager, an employee may receive up to eighty (80) hours advanced sick leave with pay. If the employee returns to duty, such advanced sick leave shall be returned to the City from subsequent sick leave accruals. If the employee terminates City employment, such advanced sick leave shall be repaid to the City from any funds due the employee by the City. If insufficient funds are due the employee by the City, the employee shall directly reimburse the City for advanced sick leave in excess of the funds, if any, previously withheld. Such direct reimbursement will be waived for employees who are terminally ill or totally disabled (100 percent).

ARTICLE 16: FUNERAL LEAVE

16.1 Regular and Full-Time Temporary employees who are absent from work due to the death of a member of the employee’s “immediate family” shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed forty (40) working hours. “Immediate family” as used herein includes only employee’s spouse or registered domestic partner; or children, grandchildren, brothers, sisters, parents or grandparents of employee or spouse; or other persons who are living in the employee’s immediate household. The relationships included herein shall apply whether by blood or marriage. Employees are allowed to take up to five (5) total work days due to the death of the employee’s “immediate family” in accordance with Government Code section 12945.7. Employees who have exhausted their allowance of paid leave as provided in this section may request to utilize sick leave, vacation or compensatory time off or unpaid leave if the employee wants to take additional time off up to the five (5) total work days of leave provided. Such bereavement leave for immediate family as provided in this section need not be taken in consecutive days, but must be used up within three (3) months of the date of the death of the immediate family member.

16.2 Regular and Full-Time Temporary employees who are absent from work to attend the funeral of a person other than an immediate family member shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed one (1) Packet Pg. 624 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 20 regularly scheduled work day. A maximum of three (3) work days may be utilized in a calendar year.

16.3 An employee must be in a paid status on both workdays immediately adjacent to funeral leave in order to receive pay for such leave.

ARTICLE 17: HOLIDAYS

17.1 Regular employees, except as otherwise provided herein, shall be entitled to have the following holidays off with pay:

Holidays Fixed or Floating
1 January 1st Fixed
2 The third Monday in January, known as “Martin Luther King, Jr. Day” Fixed 3 February 12th, known as “Lincoln Day” Floater
4 The 3rd Monday in February, known as “President’s Day” Fixed 5 The last Monday in May, known as “Memorial Day” Fixed 6 June 19th, known as Juneteenth Fixed
7 July 4th Fixed
8 First Monday in September, Known as “Labor Day” Fixed 9 Employee’s birthday Floater
10 November 11th, known as “Veteran’s Day” Floater
11 Thanksgiving Fixed
12 Friday after Thanksgiving Fixed
13 December 24th The last half of the normal work shift before Christmas Fixed 14 December 25th Fixed
If any of the foregoing holidays falls on a Sunday, the Monday following shall be observed as the holiday, except by those employees who are regularly scheduled to work on Sunday other than on an overtime basis. Employees who are regularly scheduled to work on Sundays shall observe such holidays on Sunday. If any of the foregoing holidays falls on a Saturday, the preceding Friday shall be observed as the holiday, except by those employees who are regularly scheduled to work on Saturday other than on an overtime basis. Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays fall on any day from Monday through Friday, inclusive, and that day is a regularly scheduled non-workday for an employee, such employee shall be entitled to receive another workday off with pay, to be scheduled in the same manner as vacation days are normally scheduled.

Notwithstanding the foregoing an employee may observe the employee’s birthday holiday on the employee’s birthday or anytime during the pay period in which the birthday occurs provided the employee gives the supervisor at least ten (10) days advance notice, or the holiday may be deferred and scheduled as vacations are normally scheduled. The holidays known as Lincoln Day and Veterans Day shall be scheduled by employees and their supervisors in the same manner as vacations are normally scheduled. Notwithstanding the foregoing, employees regularly assigned to work twelve (12) hour shifts shall not be entitled to observe the following holidays; Lincoln Day, Juneteenth and Veterans Day nor the employee’s birthday.

17.2 Notwithstanding the foregoing, employees may be scheduled to work on holidays, in which event any such employee will, in addition to the employee’s holiday pay, be compensated therefor at the overtime rate of pay for all time worked on such days.

Packet Pg. 625 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 21 17.3 An employee must be in a paid status on both workdays immediately adjacent to the holiday in order to receive pay for the holiday.

ARTICLE 18: VACATIONS

18.1(a) Regular employees of the City shall accrue vacations with pay up to 400 hours.

Employees working a regular shift of 12 hours (seventy-six and eight schedule) shall accrue vacation leave on a total of eighty (80) hours per pay period providing that the employee works or is on paid leave a minimum of eighty (80) hours during such pay period. The rate of vacation accrual will be as follows:

ACCRUAL

RATE PER HOUR FROM

THROUGH PAY
PERIOD

APPROXIMATE

ACCRUAL RATE

YEARS OF

SERVICE
A .039 Date of
Employment 104th 2 weeks 1-4
B .058 105th 234th 3 weeks After 4
C .068 235th 364th
3 ½ weeks After 9
D .077 365th 494th 4 weeks After 14
E .087 495th 624th
4 ½ weeks After 19
F .096 625th
-- 5 weeks After 24

18.1(b) A full pay period as used in this Article is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours.

18.1 (c) A full pay period as used in this Article is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours.

18.2 Vacation cannot be accrued while an employee is in a non-pay status.

18.3(a) Vacations will be scheduled throughout the calendar year. Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided, however, that if the senior employee splits the employee’s vacation by requesting less than a full year’s allowance to be scheduled on consecutive workdays, the employee’s preferential rights shall only apply on one period in that calendar year prior to all other employees being given consideration in the selection of their first choice vacation period. The City will notify employees of vacation approvals or denials within a timely manner after employees submit their vacation selections.

18.3(b) Notwithstanding the foregoing provisions of Section 18.3(a) vacations for employees assigned to the Redding Power Plant may be scheduled at the convenience of the City.

18.4 The City shall not require an employee to take the employee’s vacation in lieu of sick leave or leave of absence on account of illness.

18.5 If a holiday which an employee is entitled to have off with pay occurs on a workday during the employee’s vacation period, such employee will be entitled to an additional day of vacation and will be compensated for same.

Packet Pg. 626 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 22 18.6 Employees whose employment with the City is terminated for any reason shall, at the time of termination, receive any unused vacation period previously earned.

18.7 The City will, at the employee’s option, compensate employees for accumulated vacation during any fiscal year as follows:

For Employees working other than 24 hour Shift:

Minimum Accrual Maximum Hours Payable
120 40
240 80
360 120

18.8 Whenever any employee has exhausted all paid time off benefits, including advanced sick leave benefits, as a result of a non-work-related injury or disability, and is not eligible for long-term disability insurance benefits as set forth in Article 21, other employees may contribute their vacation credits to the disabled employee with vacation credits being donated and granted on the basis of the dollar value of the vacation credits.

ARTICLE 19: INCLEMENT WEATHER PRACTICE

19.1 Regular employees who are unable to work in the field because of inclement weather or other similar causes will receive pay for the full day, provided they have reported for duty. During such day they may be held pending emergency calls, may be given first aid, safety or other instruction or they may be assigned to perform miscellaneous duties in sheltered locations.

19.2 Full-time temporary personnel who have reported for work but are unable to work in the field because of inclement weather or other similar causes will be paid only for the time they work or are held by the City, except, however, that they will be paid for not less than two (2) hours.

19.3 City supervisors will be responsible for determining whether weather conditions warrant cessation of outside work. In arriving at a decision with respect to weather conditions, the Supervisor shall take into account such factors as: (a) employee health and safety, (b) undue hazards, (c) operating requirements, (d) service to the public, (e) job site working conditions, (f) anticipated duration of time required to leave unfinished job in a safe condition, (g) anticipated duration of inclement weather, and (h) distance from job site to operating headquarters.

ARTICLE 20: MISCELLANEOUS

20.1 The City shall not, by reason of the execution of this Memorandum of Understanding, abrogate or reduce the scope of any present plan or rule beneficial to employees, unless such plan or benefit is amended, altered or modified by one of the understandings contained within this Memorandum of Understanding.

20.2 A Regular or Full-Time Temporary employee who is summoned for jury duty and is thus unable to perform the employee’s regular duties will be paid for the time lost at the employee’s regular rate of pay. The employee must be in a paid status on both workdays immediately adjacent to jury duty in order to receive pay for jury duty.

Packet Pg. 627 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 23 20.3 Any employee, at the employee’s request shall be permitted to review the employee’s own personnel file. The file may not, however, be removed from the Personnel Office.

20.4 An employee who disagrees with the evaluator’s statements or conclusions with respect to the employee evaluation report shall have the right to review such evaluation report with the City’s Personnel Director and, upon request, shall have the right to have a Union representative present.

20.5 Whenever employees complete authorized courses taken for credit with a passing grade, after advance approval by both the Department Director and the Personnel Director, the City shall reimburse the employee for the actual expenses of tuition and the cost of required textbooks.

20.6 The City will provide and replace as necessary when worn out or broken all of the following tools or clothing for those employees as specified below. Whenever any of the following tools or clothing is lost, replacement shall be at the employee’s expense. (a) Gloves of a type as required by the nature of the work for all employees. (b) Rain pants and coats for all employees.
(c) Tools as needed for maintenance and operation of the City’s assets (d) Coveralls or special protective clothing for those employees whose work is such that severe damage to clothing is expected.
(e) Fire-rated clothing.

20.7 The City will reimburse all employees required to wear protective work boots up to a maximum of three hundred fifty dollars ($350.00), every year. Employees are eligible for reimbursement, with appropriate receipt of purchase. The reimbursement program covers the purchase of new boots and repairs existing boots. Insoles, inserts, boot oil/wax, and laces are also eligible for reimbursement.

20.8 The City will provide at its expense physical examinations required by the State of California for certain classes of drivers licenses for those employees required to have said licenses.

The City shall commence reimbursing employees for said license renewal fees.

20.9 Whenever any employee is subpoenaed to testify in court as a result of the employee’s employment, the employee shall be paid for all time required in such activity.

20.10 The Union’s Business Representative and the City’s Personnel Director may agree to limit the useful lifetime of employee disciplinary documents.

20.11 The City’s Personnel Alcohol and Substance Abuse Policy and Procedure dated November 27, 2018, is hereby incorporated into the Memorandum of Understanding by reference.

20.12 To promote reasonable employee response times for emergency repairs, any new employee hired shall establish and maintain within four calendar months of the completion of their probationary period, a primary residence within 25 City/County roadway miles and less than 30 minutes driving time of their designated headquarters’ location. (It is not the intent of the parties Packet Pg. 628 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 24 that an existing employee would need to relocate if assigned to a location within the City limits.)

20.13 The City will continue its practice of using the interactive process to work with employees who have a medical condition to determine whether: 1) the employee has a disability that makes it more difficult for the employee to perform essential work functions of their assigned position; and 2) identify all potential accommodations that might enable the employee to perform essential work functions without causing undue hardship to the City and without harming the employee or others.

20.14 The City reserves the right at its discretion to offer hiring incentives to new employees in those job classifications deemed difficult to recruit.

ARTICLE 21: EMPLOYEE BENEFIT PROGRAMS

21.1 Retirement Plan: All Regular employees are covered by the California Public Employees’ Retirement System (CalPERS) program pursuant to an existing contract with the Public Employees’ Retirement System:

In accordance with Government Code section 20516, Tier 1 Employees have agreed to an additional 1.275% cost sharing (resulting in a total employee contributions of 8.275% of pensionable earnings) that will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis.

Effective in the pay period as soon as administratively possible following approval of this Agreement, in accordance with Government Code section 20516, Tier 1 Employees have agreed to an additional 0.85% for a total of 2.125% in cost sharing (resulting in a total employee contribution of 9.125% of pensionable earnings) that will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis.

The City and Union agree to reopen negotiations if significant changes affecting the CalPERS retirement plan (positive or negative) are identified during the term of the contract.

Additionally, all CalPERS eligible employees will pay the full cost of the 1959 Survivors’ Benefits Program.
(a) Tier 1: Regular employees hired prior to January 1, 2013, and those considered to be “Classic CalPERS Members” and will be covered under the 2.0% at age 55 retirement benefit formula with the 12 highest paid consecutive month’s final compensation provision. Employees will be covered by the Indexed level of 1959 Survivors’ Benefit Program, Survivor Continuance allowance; credit for unused sick leave; and military service credit buy back option. The employee contribution of seven percent (7%) of pensionable earnings will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis. Regular employees vested in Tier 1 who leave City employment and subsequently are rehired will be re-employed with Tier 1 status for CalPERS benefits.

Except as provided below, the City will also provide employees hired prior to September 21, 2011, with the Public Agency Retirement System (PARS) 0.7% at age 55 retirement benefit formula for each year of regular City Service, with no prior CalPERS service Packet Pg. 629 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 25 unless credited to the employee’s City of Redding CalPERS account while an employee of the City as a supplement to the CalPERS benefit, so long as the employee is vested with five (5) years of City service. Effective upon approval of this contract, all employees eligible for the PARS defined benefit will make a mandatory PARS contribution of 2.08%, equal to 50% of normal cost at the time of agreement, on a pre-tax basis per pay period. (b) Tier 2: Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), employees hired on or after January 1, 2013, will be covered by the 2.0% at age 62 retirement formula with the 36 highest consecutive months final compensation provision as a “New CalPERS Member” if the employee 1) has not been a member of a California Public Retirement System, or 2) had prior CalPERS/reciprocity service with a break in service of six months or longer. Employees will be covered by the Indexed level of the 1959 Survivor’s Benefit Program; credit for unused sick leave; and military service buy credit buy back option. Also pursuant to PEPRA, New CalPERS Members will be responsible for paying one-half of the total normal cost rate for the retirement benefit on a bi-weekly pre-tax basis.

Employees hired on or after September 21, 2011, will not be eligible for the Public Agency Retirement System (PARS) 0.7% at age 55 supplemental retirement benefit formula.
(c) Full-Time Temporary employees participate in the Social Security program. Effective upon contract ratification, newly hired Full-Time Temporary and Temporary employees not included within Section 21.1(a) or (b) above, shall not be covered by Social Security but will be covered by PARS-457 Plan. Participating employees will pay half of the contribution of 3.75 percent (3.75%) for the benefit through a bi-weekly payroll deduction on a pre-tax basis. The City will pay the remainder of the contribution or 3.75 percent (3.75%).

21.2 Group Health and Welfare Insurance Coverage: All Regular employees are eligible to participate in a group health and welfare insurance benefit program which includes the medical, prescription, dental, vision, life and long term disability insurance plans effective the first day of employment. The City shall pay the cost of the program for both employees and dependents as indicated below.
(a) Life Insurance: Twice annual salary for employee, $3,000 for employee’s dependents.

The City will pay the full cost of the premiums. More specific benefit information is provided in the carrier booklet.
(b) Health Benefits:

The City will offer two health plans, a “Base Plan” and an optional “Premium Plan”. The health plan benefits are offered through PRISM EIA Health Program. All eligible employees will be enrolled in the “Base Plan” and will have the option on a voluntary basis to enroll in the “Premium Plan” initially, and during the open enrollment period for each subsequent calendar year. Eligible employees that fail to complete the annual open enrollment will automatically be placed in the group health insurance plan they were enrolled in the previous year. Changes will be effective at the beginning of the following calendar year.

The City’s contribution toward the monthly group health and welfare insurance composite Packet Pg. 630 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 26 premium rate for the “Base Plan” shall be eighty-five percent (85%) and the employee will pay fifteen percent (15%) of the rate through a bi-weekly payroll deduction. Employees electing to enroll in the “Premium Plan” will be responsible for premiums beyond the City’s contribution of eighty-five percent (85%) of the “Base Plan” composite rate. The City established a Section 125 Plan effective March 7, 2010, to redirect the portion of the employee’s salary to pay, on a pre-tax basis, the employee’s contribution toward the medical, prescription, dental and vision insurance composite premium rate.

Effective Calendar Year 2024, all employees participating in the Group Health and Welfare Insurance Plan will pay twenty percent (20%) co-share of premium. The City’s contribution toward the monthly group health and welfare insurance composite premium rate for the “Base Plan” shall be eighty percent (80%). Employees electing to enroll in the “Buy Up Plan” will be responsible for premiums beyond the City’s contribution of 80% of the “Base Plan” composite rate.

All active employees will be able to select an optional high deductible plan (medical and prescription only) as an additional lower cost option for group health. The City will contribute a flat rate monthly amount, limited to the amount of the City’s contribution toward the “Base Plan” for the high deductible plan. Retirees are not eligible for the high deductible plan.

For specifics regarding the City’s Group Health and Welfare Benefit Plan, refer to the Benefit Summary Plan Description.

The City reserves the right to modify the group insurance composite rate structure to establish classes of coverage and rates in an effort to create a rate structure more compatible to employee claims experience. The City and the Union agree to meet and confer prior to any changes being made to the group insurance composite rate structure.

Buy Up” plan benefits include:
$200 deductible per person; $600 deductible per family per year; 80% payable for services performed by a Preferred Provider or when no Preferred Provider is available and 70% for services performed by a non-Preferred Provider for the first $5,000 of eligible charges; the out-of-pocket waiver on the next following calendar year shall be eliminated; hospital charges 100% payable; professional fees based upon U.C.R.; normal typical exclusions and limitations. Coverage includes cancer screening with no separate dollar limit, annual physical examinations, “well-baby” care, a 30-visit annual limit on chiropractic, accidents paid at normal co-payment rate, tobacco use cessation when enrolled in a tobacco use cessation program or behavior modification program once per life-time limit, and birth control. For problems related to alcohol or substance abuse, and mental or nervous disorders: Twelve (12) outpatient visits per calendar year paid at 100% with no deductible and an additional twenty-four (24) visits per calendar year payable at 80% subject to the annual deductible.
“Base” plan benefits include:

Deductible: $500 deductible per person/$1,000 per family per year (Note: Does not apply to preventative care)
Out-of-pocket Limit: $3,500 per individual/$7,000 per family per year Packet Pg. 631 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 27 Service
Employee Cost if
Performed by a
Preferred Provider
Employee Cost if
Performed by a NonPreferred Provider Limitations
Primary Care Office
Visit $20 per visit 40% co-insurance --- None---
Other Practitioner
Office Visit
20% coinsurance for
chiropractic
40% coinsurance for
chiropractic
Up to 15 visits per calendar
year when combined with
acupuncture
Preventative Care/
Screening/
Immunizations No charge 40% co-insurance ---None---
Hospital Stay –
Facility Fee 20% coinsurance 40% coinsurance
If service provided by a nonpreferred provider, you pay the coinsurance percentage of up
to $600 per day, plus charges
over $600 per day.

Hospital Stay -
Physician/Surgeon Fee 20% coinsurance 40% coinsurance ---None--- Mental/Behavioral
Health Outpatient
Services $20 / visit 40% coinsurance ---None---
Mental/Behavioral
Health Inpatient
Services 20% coinsurance 40% coinsurance
Prior authorization is required.

Failure to prior authorize may
result in nonpayment of
benefits.

Substance Use
Disorder Outpatient
Services Not Covered Not Covered ---None---
Substance Use
Disorder Inpatient
Services Not Covered Not Covered ---None---
Employees with spousal coverage will be allowed to “opt out” of the City’s group health and welfare insurance coverage (cease paying their share of the premium). Employees “opting out” of the City’s group health benefits must provide proof of alternative health care coverage on an annual basis during the open enrollment period.
(c) Prescription Benefit: Employee co-payments as showing in the following table:

Note: Maintenance medication (i.e. a medication taken longer than 60 days) that are filled at the retail co-pay amount more than twice will be filled at the mail order co-pay amount.

Retail (34 days’ supply)
Co-Pay Effective
12/1/2019
Generic $10.00
Brand $50.00
No Generic Available $20.00
Mail (90 days’ supply)
Generic $20.00
Brand $100.00
No Generic Available $40.00
Packet Pg. 632 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 28 (d) Dental Benefits: For specifics regarding the City’s Dental Plan, refer to the Benefit Summary Plan Description.
(e) Long Term Disability: After three (3) months, sixty percent (60%) of employee’s salary to a maximum of $7,000 per month integrated with all other income benefits payable to age 65.

For specifics regarding the City’s Long Term Disability Plan, refer to the Benefit Summary Plan Document. As an alternative, the Union may elect to receive funding equivalent to the cost for Union members to participate in the City long term disability program in order to purchase its own long term disability policy.
(f) Vision Benefits: For specifics regarding the City’s Vision Plan, refer to the Benefit Summary Plan Document.
(g) Short – Term Disability: The City will administer employee-paid State Disability Insurance for all IBEW Power Production employees.
(h) VantageCare: Effective upon Council approval, and when the appropriate VantageCare contract amendment has been executed, employees shall contribute 1% of base taxable earnings, per pay period, pre-tax, into a VantageCare Retire Health Savings Account (RHSA). In addition, any eligible sick leave pay out made upon retirement of IBEW Power Production members will be contributed to the VantageCare RHSA per section 15.5.

The City may, if practicable, modify the group insurance program set forth above by adding utilization review and by creating preferred provider organization programs which create financial incentives for the employee to use such preferred provider services, but do not reduce any current benefit level nor impose any penalty for the employee who chooses not to use a preferred provider’s services.

21.3 Group Health Benefits at Retirement for Employees
(a) Tier 1 –Hired Prior to September 20, 2011
All active employees hired prior to September 20, 2011, who retire from the City and are eligible for CalPERS benefits upon separation of service shall be eligible for the City to pay a 50% proportionate share of costs of the insurance premium should the active employee transitioning to retirement elect to participate in the group health, dental and vision plan also made available to active employees. To initially qualify for the benefit, the employee must go directly from active status to retiree status with CalPERS. To maintain a qualified status, and to continue to receive the benefit, the retired employee must continue the group medical insurance during retirement without a break in coverage. Payments by the City will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of qualified status by the retiree. Following the death of a retiree, the surviving spouse, if any, may continue the insurance and the City will continue the benefit on the same terms and conditions for the life of the surviving spouse. The City will not contribute payments on behalf of any retiree hired prior to September 20, 2011, except as set forth above. (Employees who retired prior to July 1, 2000, are eligible for health coverage only.) (b) Tier 2 – Hired On or After September 20, 2011
All active employees hired on or after September 20, 2011, who retire during the term of this MOU and who have five (5) or more years of City service (and are eligible for CalPERS benefits Packet Pg. 633 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 29 upon separation of service) shall be eligible for the City to pay shall pay a proportionate share of the cost of the insurance premiums in accordance with the following formula: two percent (2%) for every year of active service with the City of Redding up to a maximum of fifty percent (50%) should the employee transitioning to retirement elect to participate in the group health, dental and vision plan also made available to active employees. To initially qualify for the benefit, the employee must go directly from active status to retiree status with CalPERS. To maintain a qualified status, and to continue to receive the benefit, the retired employee must continue the group medical insurance during retirement without a break in coverage and the retired employee and their covered spouses who reach Medicare A/B eligibility age must enroll in Medicare.

Payments by the City will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of qualified status by the retiree. Following the death of a retiree, the surviving spouse, if any, may continue the insurance and the City will continue the benefit on the same terms and conditions for the life of the surviving spouse. The City will not contribute payments on behalf of any retiree hired after September 20, 2011, except as set forth above. (c) Retiring employees who were hired or who worked under a different Memorandum of Understanding (MOU) or City Resolution shall be vested with the greatest retiree premium coshare formula in effect and for which that employee qualified for during his or her term of employment.
(d) All retired employees participating in the group health plan will be enrolled in the “Base Plan” and will have the option on a voluntary basis to enroll in the “Buy Up Plan” initially, and during the open enrollment period for each subsequent calendar year. Changes will be effective at the beginning of the following calendar year. The City shall pay a proportionate share of the cost of the “Base Plan” insurance premiums as outlined above in sections 21.3(a) and 21.3(b).

Participating retired employees electing to enroll in the “Buy Up Plan” will be responsible for premiums beyond the City’s contribution of the “Base Plan” composite rate. The City’s proportionate share for payments referenced above in 21.3(a) and 21.3(b) shall apply only to the premium for the “Base Plan.”

21.4 The parties agree that the foregoing benefits will remain in full force and effect, unless modified by mutual agreement.

21.5 The City and the Union agree to reopen negotiations if any changes to the Affordable Care Act affect matter within the scope of representation.

ARTICLE 22: ENTIRE AGREEMENT

22.1 Except as specifically provided in Article 23 (Term), during the term of this Memorandum of Understanding the parties expressly waive and relinquish the right to meet and negotiate on wages, hours of employment, and terms and conditions of employment, and agree that neither party shall be obligated to meet and negotiate with respect to any subject or matter whether referred to or covered in this Memorandum of Understanding or not, even though such subject or matters may not have been within the knowledge or contemplation of either or both the City or the Union at the time they met and negotiated on and executed this Memorandum of Understanding, and even though such subjects or matters were proposed and later withdrawn.

Packet Pg. 634 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 30 ARTICLE 23: TERM

23.1 This Memorandum of Understanding, having taken effect as of the day and year first above written, shall continue in full force and effect until April 4, 2026, (Note: The parties agree to begin bargaining for a successor MOU no later than December 5, 2025); and thereafter from year to year unless written notice of change or termination shall be given by either party ninety (90) days prior to the expiration date above or the expiration date of any year thereafter, except, however, this Memorandum of Understanding shall only become effective with approval of the City Council of the City of Redding.

23.2 Whenever notice is given for changes, the general nature of the changes desired must be specified in the notice, and until a satisfactory conclusion is reached in the matter of such changes, the original provision shall remain in full force and effect.

23.3 This Memorandum of Understanding shall not be amended or supplemented except by agreement of the parties hereto, reduced to writing and duly signed by each.

23.4 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law, regulation or executive order shall be suspended and inoperative to the extent of and for the duration of such conflict; the balance of this Memorandum of Understanding, however, shall remain in full force and effect. Whenever any provision of this Memorandum of Understanding is affected as set forth above, either party may, by giving thirty (30) days’ written notice to the other, open negotiations on the subject of the affected provisions.

Packet Pg. 635 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) 31 IN WITNESS WHEREOF the parties have executed amendments to this Memorandum of Understanding, to be effective April 5, 2023.

CITY OF REDDING LOCAL UNION 1245, IBEW
s/Barry Tippin s/Robert Dean
Barry Tippin Robert Dean
City Manager IBEW Business Manager
s/Gage Dungy s/Dominic McCurtain
Gage Dungy Dominic McCurtain
Negotiator Business Representative
s/Kelley Martinez s/Jared Davis
Kelley Martinez Jared Davis
Interim Personnel Director Committee Member
s/Kyle Harder
Kyle Harder
Committee Member
s/Chris Holdren
Chris Holdren
Committee Member
Packet Pg. 636 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) EXHIBIT B: JOB DEFINITIONS
The Job Definitions included herein are intended to be general guidelines regarding the duties to be performed by a particular classification, and are not to be construed as restrictions on the duties an employee may perform. Any employee may be assigned to perform the duties of a classification which has an equal or lower wage rate.

A crew as used herein is defined as three or more employees working together on the same job.

Power Plant Utility Worker
An employee engaged in performing a wide variety of unskilled and semi-skilled work. The employee’s duties include installation, construction, maintenance and repair of City facilities and property. The employee will be required to operate equipment such as forklift, brush chipper, portable power tools and drive a truck hauling a load or towing a trailer of no more than six thousand (6000) pounds. The employee shall be capable of performing the duties with skill, efficiency, and safety. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. The employee must possess the appropriate State of California driver’s license Power Plant Warehouse Worker
An employee who, under general direction, is engaged in performing duties relative to the purchasing, ordering, receiving, dispersing, maintaining records and salvaging of materials, including the operation of material handling equipment. The employee will be required to assist other power plant personnel in the operation and maintenance of a power plant. The employee may be required to drive a vehicle and to type with moderate skill. The employee’s background of experience and training shall be such as to qualify the employee to perform the duties safely with skill and efficiency. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. The employee must possess the appropriate State of California driver’s license.

Maintenance Coordination Assistant
An employee who, under general direction, is engaged in performing duties relative to the (1) scheduling of maintenance work, (2) purchasing spare parts, rental equipment and coordination of service work, (3) reviewing work orders for completion and accuracy, (4) evaluating and identifying critical spares, (5) supporting computer-based maintenance management system application, (6) assisting management with maintenance planning and scheduling. The employee’s background of experience and training shall be such as to qualify the employee to perform the duties safely with skill and efficiency. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. The employee must possess the appropriate State of California driver’s license.

Packet Pg. 637 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) Power Plant Auxiliary Operator
An employee who is engaged in performing a wide variety of duties relating to the operation, maintenance and repair of a power generation facility, buildings, facilities, mechanical equipment and other property of a similar nature as an assistant to other employees. Assists Power Plant Operator in power plant operations, startup and shutdown of power generation systems, operates control panels for steam and combustion generators and heat recovery steam generators. Performs startup and shutdown of major equipment and performs routine water testing. Conducts water chemistry analysis and operation. May be required to perform carpentry, plumbing, electrical work, painting, gas and electric welding, and the operation of machine shop tools and equipment and City vehicles. The employee’s background of training and experience must be such as to qualify the employee to perform these duties safely with skill and efficiency. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. The employee must possess the appropriate State of California driver’s license.

Power Plant Maintenance Mechanic
An employee who is engaged in journey-level work performing a wide variety of duties related to the operation, maintenance and repair of a power plant and is skilled in maintaining combustion turbine, steam turbine, steam generating equipment, electrical and generators, ,. high-energy control valves and systems, pneumatic valve controllers and actuators, can perform coupling alignment of rotating equipment, welding of plant equipment and certified welding of pipe and structural steel, and other related duties as assigned. May be required to perform carpentry, plumbing, low voltage electrical work, painting, gas and electric welding, operation of machine shop tools and equipment operate City vehicles, and perform safety tasks as trained. . Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. The employee’s background of training and experience must be such as to qualify the employee to perform these duties safely with skill and efficiency. The employee must possess the appropriate State of California driver’s license.

Power Plant Operator
An employee who operates power plants in accordance with operating instructions and procedures and responds to alarms, takes appropriate corrective action, executes power plant shutdown and startup procedures, reports abnormal conditions to the immediate supervisor, assists in training other employees to operate power plants, conducts water testing and treatment duties, operates control panels to regulate the load on the steam generators turbine and to maintain proper steam temperature and pressure, feed water and fuel supply and efficient combustion conditions, synchronizes generators and regulates load, voltage and frequency and other duties as assigned.

The employee’s background of training and experience shall be such as to qualify the employee to perform these duties with skill and efficiency. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. The employee must possess the appropriate State of California driver’s license, and be capable of performing the duties safely.

Packet Pg. 638 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) Power Plant Instrument & Electrical Technician
An employee engaged in journey-level work and performs all classes of electrical work. The employee’s duties may include installing, testing and maintaining all types of meters, protective relay, power plant distributed control systems, pneumatic control valves and actuators, transducers, high voltage circuit breakers and switch-gear, motor control centers, programmable logic controllers, fiber optic equipment, sensors for pH level, pressure, temperature and continuous emissions monitoring instruments control devices, batteries, and battery monitoring systems, fire alarm systems and recording instruments. The employee’s background of training and experience shall be such as to qualify the employee to perform these duties with skill and efficiency. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. The employee must possess the appropriate State of California driver’s license, and be capable of performing the duties safely.

Power Plant Relief Operator
An employee who under general supervision provides relief fill-in for absent Power Plant Operator(s) or Power Plant Equipment Operator(s). The assigned shift is modified to meet plan operating needs. Operates power plants in accordance with operating instructions and procedures and responds to alarms, takes appropriate corrective action, executes power plant shutdown and startup procedures, reports abnormal conditions to the Power Plant Supervisor or Power Plant Operator as appropriate to the relief assignment, operates control panels to regulate load on the steam generators and steam and combustion turbine generators, maintains proper steam pressure and temperature, synchronizes generators and regulates load, voltage and frequency, feedwater supply, operates major auxiliary apparatus and systems such as air compressors, boiler feedwater and condensate treatment systems, reverse osmosis and storage system, pollution control systems and all locally controlled electrical and mechanical equipment, assists in training other employees.

When providing relief fill-in for absent Power Plant Equipment Operator, assist Power Plant Operator in power plant operations, operate control panels for steam and combustion turbine generators, perform startup and shutdown of equipment, perform routine water testing. Will perform other duties as assigned, such as assisting with updating procedures, operational testing of equipment to ensure reliability and efficiency, operational reports, inventory control of chemical and lab supplies, scheduling relief for operators and, fire inspections. May be required to perform carpentry, plumbing, electrical work, painting, gas and/or electric welding, and the operation of machine shop tools and equipment and City vehicles. The employee’s background of training and experience shall be such as to qualify the employee to perform these duties with skill and efficiency in accordance with all federal, state and local environmental and safety laws, rules and regulations. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. The employee must possess the appropriate State of California driver’s license, and be capable of performing the duties.

Working Foreperson - Power Plant Maintenance Mechanic
An employee who is a working Foreperson in charge of a crew of not more than five (5) other employees from the Power Plant Maintenance Mechanic crafts. The employee must possess sufficient knowledge of: all tools and equipment used under the employee’s direction and guidance; the functions of power plant equipment, how it operates mechanically, hydraulically, and electronically; the City’s construction and safety standards, accounting procedures, and all other Packet Pg. 639 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) applicable rules and regulations; work procedures and methods for the areas of Mechanical responsibility; and the City’s clearance, safety, and hazardous materials handling procedures/regulations. The employee must possess the ability to coordinate, schedule, and plan all aspects of the construction, maintenance, and repair of the City’s power plant facilities and aid in both the design and planning of such projects; and the appropriate State of California Driver’s License. The employee shall have not less than two (2) years journeyman craft experience or its equivalent as a Power Plant Maintenance Mechanic, the personal qualifications of leadership and supervisory ability, and the employee’s background of training and experience shall be such as to qualify the employee to perform the duties with skill and efficiency. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. When in charge of more than five (5) other employees, the employee’s wage rate shall be increased by ten percent (10%).

Working Foreperson-Instrument and Electrical Technician:

An employee who is a working Foreperson in charge of a crew of not more than five (5) other employees from the Instrument and Electrical Technician craft. The employee must possess sufficient knowledge of: all tools and equipment used under the employee’s direction and guidance; the functions of power plant equipment, how to operate it mechanically, hydraulically, and electronically; the City’s construction and safety standards, accounting procedures, and all other applicable rules and regulations; work procedures and methods for the area of Instrument and Electrical responsibility; and the City’s clearance, safety, and hazardous materials handling procedures/regulations. The employee must possess the ability to coordinate, schedule, and plan all aspects of the construction, maintenance, and repair of the City’s power plant facilities and aid in both the design and planning of such projects; and the appropriate State of California Driver’s License. The employee shall have not less than two (2) years journeyman craft experience or its equivalent as an Instrument and Electrical Technician, the personal qualifications of leadership and supervisory ability, and the employee’s background of training and experience shall be such as to qualify the employee to perform the duties with skill and efficiency. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. When in charge of more than five (5) other employees, the employee’s wage rate shall be increased by ten percent (10%).

Working Foreperson - Power Plant Operations
An employee who is a working Foreperson in charge of a crew of not more than five (5) other employees engaged in performing power plant operations. The employee shall have the personal qualifications of leadership and supervisory ability, not less than two (2) years experience as a Power Plant Operator, and possess sufficient knowledge of the City’s power plant operation procedures and practices, the City’s clearance, safety, hazardous materials handling procedures/regulations, accounting procedures, and all other applicable rules and regulations. The employee’s background of training and experience shall be such as to qualify the employee to perform the duties with skill and efficiency. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety. The employee must possess the appropriate State of California Driver’s License. When in charge of more than five (5) other employees, the employee’s wage rate shall be increased by ten percent (10%).

Packet Pg. 640 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) Control and Automation Technician
An employee who is engaged in maintaining, calibrating and installing controls for gas turbines, boilers and supporting systems, trouble shooting, making control and program changes as required.

The employee will work with Instrument & Electrical Technicians to maintain all plant electrical and control systems. Must perform compliance duties (1) in accordance with applicable federal and state laws and regulations, and (2) as described in the department air compliance, water compliance, hazardous material compliance programs, NERC and safety.

Packet Pg. 641 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) EXHIBIT C: LINES OF PROGRESSION

CLASSIFICATION NEXT LOWER

CLASSIFICATION

SAME OR HIGHER

CLASSIFICATIONS
Power Plant Maintenance
Coordination Assistant
Power Plant Warehouse Worker
Power Plant Utility Worker
Power Plant Warehouse Worker
Power Plant Maintenance
Coordination Assistant
Power Plant Auxiliary Operator Power Plant Utility Worker Power Plant Operator Power Plant Relief Operator
Working Foreperson - Power Plant
Operations
Power Plant Maintenance Mechanic Power Plant Utility Worker Power Plant Warehouse Worker
Power Plant Auxiliary Operator
Power Plant Operator
Working Foreperson - Power Plant
Maintenance Mechanic
Power Plant Operator Power Plant Auxiliary Operator Power Plant Relief Operator Working Foreperson - Power Plant
Operations
Instrument and Electrical Technician Working Foreperson – Instrument and Electrical Technician
Control and Automation
Technician*
Power Plant Relief Operator Power Plant Auxiliary Operator Power Plant Operator Working Foreperson - Power Plant
Operations
Working Foreperson - Power Plant
Maintenance Mechanic
Power Plant Maintenance
Mechanic
Control and Automation
Technician*
Instrument and Electrical
Technician
Working Foreperson – Instrument
and Electrical Technician
Working Foreperson - Power Plant
Operations
Power Plant Operator
Power Plant Relief Operator
Working Foreperson – Instrument
and Electrical Technician
Instrument and Electrical
Technician
Control and Automation
Technician*
* Requires testing to determine qualifications; must have 3 or more years of Instrument and Electrical Technician experience
Packet Pg. 642 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) EXHIBIT D: GRIEVANCE FORM

GRIEVANCE
IBEW—Power Plant Unit
Grievant Division
Job Title Shop Steward
Date of Occurrence Date of Awareness
ISSUE
Specific Article(s) violated:

Explain specifically what happened and why you believe the MOU was violated:
□ Supporting documents/other information attached.

Correction requested:

Submitted by (signed) _________________________________ Date:

City’s answer: □ supporting documents attached.

Signed: ___________________________________________ Date:

Disposition:
□ Settled on at step one □ two □ three □
□ Withdrawn on
□ Scheduled for Arbitration on
Packet Pg. 643 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) EXHIBIT E: STANDBY DUTY
Pursuant to the Memorandum of Understanding between the City of Redding and IBEW Local 1245, Power Production Unit, certain classifications and positions in City service are subject to routine or periodic emergency call-back as an inherent and integral part of their assigned job responsibilities in order to provide continuous public services. In addition, the REU Department Director, or designee, will be responsible for determining the circumstances requiring an employee or group of employees to be placed on standby duty. Personnel shall be provided as much advance notice as possible for standby duty period, with mutual understanding that unforeseen and emergency circumstances may arise. Employees placed on standby duty shall be qualified to safely perform such duties with skill and efficiency.

A. Such standby duty periods will be no less than a full day and no more than one week in duration, as determined by the applicable need for the standby duty period. Each full day of a standby duty period is defined as 7:00 a.m. to 6:59 a.m. the following day.

B. The City will establish a method for employees to volunteer for standby duty periods that are designated by the REU Department Director or designee. Initially, seniority will establish the rolling list with latter additions or changes made to the bottom of the list, with the exception of trades per item “H” below. In the event no one volunteers for a standby duty period, the City shall assign an employee to serve. Employees will be assigned based upon standby duty served during the previous 12-month period. The employee with the least amount of standby duty served will be assigned.

C. An employee assigned to standby duty shall be required to carry a cell phone at all times while on standby duty and remain within the appropriate reception area in order to be available for call out. Cell phone equipment will be supplied by the City if required.

Alternatively, employees assigned to standby may be compensated at the City’s cell phone stipend rate for the call out period.

D. Standby personnel shall be required to be fit-for-duty and shall report to their normal headquarters as soon as possible within forty (40) minutes. Standby personnel may also be provided with a vehicle for use during the employee’s standby duty period. In instances where a take home vehicle is provided, the employee shall respond to an incident as soon as possible within 40 minutes.

E. Standby personnel shall be required to respond unless the employee can provide just cause for not responding. If the employee is unable to respond for any reason, the employee must notify the supervisor as soon as possible. Any employee who is unable to fulfill their commitment to a standby duty period shall forfeit standby compensation for an entire day, twenty-four (24) hour period.

F. Compensation for standby duty periods shall be paid as follows:
• Two (2) hours of straight time pay for each weekday assigned to standby duty (Monday-Friday).

Packet Pg. 644 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) • Four (4) hours of straight time pay for each weekend day assigned to standby duty (Saturday and Sunday),
• Six (6) hours of straight time pay for each fixed holiday assigned to standby duty [in lieu of the standard standby pay for that day].
• Applicable standby duty pay will be provided where an employee is assigned to standby duty for the majority of the hours of that day.

G. In addition to compensation for standby duty, the overtime provisions of Article 9.9 shall apply if the employee assigned to standby duty is required to respond. However, in instances where a take home vehicle has been provided to the employee, the travel time provisions of Article 9.9 shall not apply.

H. Employees may trade complete standby duty periods at any time up until the duty period has begun with approval of the supervisor.

Packet Pg. 645 Attachment: IBEW Power Production MOU Final 2023-2026 CLEAN (002) (9.15(a)--IBEW Power Production MOU Approval) Step 5
Monthly
J/C Classification 1 2 3 4 5 Equivalent
886 Power Plant Utility Worker $ 17.80 * $ 20.16 * $ 22.85 * $ 31.18 $ 32.74 $5,675 842 Power Plant Warehouse Worker $ 36.97 $ 38.82 $6,729 804 Maintenance Coordination Assistant $ 50.21 $8,703
833 Power Plant Auxiliary Operator $53.41 $ 56.08 $9,721 822 Power Plant Maintenance Mechanic $ 63.68 $11,037
823 Power Plant Operator $ 66.72 $11,564
816 Instrument & Electrical Technician $ 69.66 $12,074
834 Power Plant Relief Operator $ 72.06 $12,490
813 Working Foreman - Power Plant Maintenance Mechanic $ 76.48 $13,257 814 Working Foreman - Power Plant Operations $ 76.48 $13,257 802 Working Foreman - Instrument & Electrical Technician $ 76.48 $13,257 805 Control and Automation Technician $ 80.14 $13,891
* Full-time temporary employees only
Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - POWER PRODUCTION EXHIBIT A-1: SCHEDULE OF WAGE RATES
Effective Date: April 2, 2023
Hourly Pay Rate - Salary Step
Packet Pg. 646 Attachment: IBEW Power Production-April 2, 2023 (9.15(a)--IBEW Power Production MOU Approval) Step 5
Monthly
J/C Classification 1 2 3 4 5 Equivalent
886 Power Plant Utility Worker $ 18.69 * $ 21.17 * $ 23.99 * $ 32.74 $ 34.38 $5,959 842 Power Plant Warehouse Worker $ 38.82 $ 40.76 $7,066 804 Maintenance Coordination Assistant $ 52.72 $9,138
833 Power Plant Auxiliary Operator $56.08 $ 58.89 $10,207 822 Power Plant Maintenance Mechanic $ 66.86 $11,589
823 Power Plant Operator $ 70.05 $12,143
816 Instrument & Electrical Technician $ 73.14 $12,678
834 Power Plant Relief Operator $ 75.66 $13,114
813 Working Foreman - Power Plant Maintenance Mechanic $ 80.31 $13,920 814 Working Foreman - Power Plant Operations $ 80.31 $13,920 802 Working Foreman - Instrument & Electrical Technician $ 80.31 $13,920 805 Control and Automation Technician $ 84.15 $14,586
* Full-time temporary employees only
Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - POWER PRODUCTION EXHIBIT A-2: SCHEDULE OF WAGE RATES
Effective Date: March 31, 2024
Hourly Pay Rate - Salary Step
Packet Pg. 647 Attachment: IBEW Power Production-March 31, 2024 (9.15(a)--IBEW Power Production MOU Approval) Step 5
Monthly
J/C Classification 1 2 3 4 5 Equivalent
886 Power Plant Utility Worker $ 19.63 * $ 22.23 * $ 25.19 * $ 34.38 $ 36.10 $6,257 842 Power Plant Warehouse Worker $ 40.76 $ 42.80 $7,419 804 Maintenance Coordination Assistant $ 55.36 $9,595
833 Power Plant Auxiliary Operator $58.89 $ 61.83 $10,718 822 Power Plant Maintenance Mechanic $ 70.20 $12,169
823 Power Plant Operator $ 73.56 $12,750
816 Instrument & Electrical Technician $ 76.80 $13,312
834 Power Plant Relief Operator $ 79.44 $13,770
813 Working Foreman - Power Plant Maintenance Mechanic $ 84.32 $14,616 814 Working Foreman - Power Plant Operations $ 84.32 $14,616 802 Working Foreman - Instrument & Electrical Technician $ 84.32 $14,616 805 Control and Automation Technician $ 88.36 $15,315
* Full-time temporary employees only
Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - POWER PRODUCTION EXHIBIT A-3: SCHEDULE OF WAGE RATES
Effective Date: March 30, 2025
Hourly Pay Rate - Salary Step
Packet Pg. 648 Attachment: IBEW Power Production-March 30, 2025 (9.15(a)--IBEW Power Production MOU Approval)