Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Redding, hereinafter referred to as AGENCY, will commence on September 15, 2023, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.
AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2026.
Recitals
1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.
2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.
Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:
Section I
AGENCY Agrees:
To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.
Section ll
CALTRANS Agrees:
That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.
Section lII
It Is Mutually Agreed:
1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41. The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.
Packet Pg. 379 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
Agreement Number: CCL-5068-068
AMS ADV ID: 0224000035
2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.
3. AGENCY shall perform all the duties and obligations described in Calaboose Creek Core Revitalization Project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.
4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.
5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e) “AGENCY agrees that it is not requesting an advance payment, and that it may not hereafter request an advance payment
6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).
California Government Code Section 14460(a)(1) provides: “The department CALTRANS, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
Packet Pg. 380 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
Agreement Number: CCL-5068-068
AMS ADV ID: 0224000035
7. Project funding is as follows:
Fund Title* Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-0001
State Program Code 20.30.010.900
FY 2023/24 $4,029,000.00
Cash Local Match Agency Provided $0.00
Value of Third-Party In-Kind
Contributions
Agency Provided $0.00
Total of Local Funds Agency Provided $0.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $0.00
Total Participating Costs $4,029,000.00
Total Non-Participating Costs $0.00
Total Project Costs $4,029,000.00
Notes: *Means the amounts in this column only include participating costs.
No in-kind contributions may be made unless the amount and type of the contribution is identified above.
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. $4,029,000.00
Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified
8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.
Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.
9. Notification of Parties
a. AGENCY’s Project Manager for Project is Zachary Bonnin, (530) 225-4049. b. CALTRANS’ District Grant Manager is Azhar Latif, 530-768-0514. “District Grant Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
Jie Chen 11/20/2023
Packet Pg. 381 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
Agreement Number: CCL-5068-068
AMS ADV ID: 0224000035
City of Redding
Attention: Zachary Bonnin, Transportation Planner
Phone Number: (530) 225-4049
Email: [email protected]
777 Cypress Avenue
Redding, California 96001
California Department of Transportation
District 2/Division of Planning and Local Assistance
Attention: Azhar Latif, Local Assistance Engineer
Phone Number: (530) 768-0514
Email: [email protected]
1657 Riverside Drive, MS #5
Redding, California 96001
10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on September 15, 2023, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2026. Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2026. Work incurred after June 30, 2026 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2026.
Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2026 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Grant Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.
11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.
12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $4,029,000.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.
CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Grant Manager at or below that fund limitation established herein.
13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with Project Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other Packet Pg. 382 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
Agreement Number: CCL-5068-068
AMS ADV ID: 0224000035
party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.
Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.
14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.
In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.
15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Packet Pg. 383 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
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Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.
Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least every six months, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Grant Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Grant Managerhttps://dot.ca.gov/-/media/dot-media/programs/localassistance/documents/lapm/ch05.pdf, as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall be complete with all of the following sections in the invoice completed:
1) Section 1: Invoice
2) Section 2: Indirect Cost Calculation, if the AGENCY is seeking reimbursement for indirect costs
3) Section 3: Billing Summary
4) AGENCY shall submit a completed detailed contractor award package, including final cost estimates, to CALTRANS after the project has been awarded to the contractor. The award package shall be submitted to CALTRANS with the first invoice that the AGENCY is seeking reimbursement for the contractor for.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.
Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least every 6 months, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2026 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2026.
16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or 6-month basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Packet Pg. 384 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
Agreement Number: CCL-5068-068
AMS ADV ID: 0224000035
Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2026.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.
17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Grant Manager to determine if AGENCY is performing to expectations, on schedule, within funding cost limitations, communicating interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller, or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotPacket Pg. 385 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
Agreement Number: CCL-5068-068
AMS ADV ID: 0224000035
media/programs/local-assistance/documents/lapm/ch05.pdf. e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.
19. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).
20. Iran Contracting Act and State of California Executive Order N-6-22 AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that AGENCY’S proposed contractor is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless the proposed contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. Additionally, and to the extent applicable, AGENCY shall adhere to State of California Executive Order N-6-22, issued on March 4, 2022, with regard to proposed contractor.
21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.
Packet Pg. 386 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
Agreement Number: CCL-5068-068
AMS ADV ID: 0224000035
22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.
23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its Packet Pg. 387 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
Agreement Number: CCL-5068-068
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subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.
24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.
25. INTENTIONALLY DELETED
26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior Packet Pg. 388 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
Agreement Number: CCL-5068-068
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written notification by the CALTRANS District Grant Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Public Contract Code, Section 2000 et. seq.); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Government Code, Section 4525 et. seq. and Chapter 10 of the Caltrans Local Assistance Procedures Manual); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 26, ThirdParty Contracts. The SCM can be found at the following link:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-ResourcesList-Folder/State-Contracting. Chapter 10 of the Caltrans Local Assistance Procedures Manual can be found at the following link: https://dot.ca.gov/programs/localassistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.
Copies of all agreements with sub-recipients, contractors, and subcontractors, must be able to be provided upon request to the CALTRANS District Grant Manager. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior notification in writing by the CALTRANS District Grant Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14b, above.
27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
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1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.
28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Grant Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data.
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7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns Packet Pg. 391 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
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(including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement, or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this Packet Pg. 392 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
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RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.
33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its Packet Pg. 393 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
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contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.
34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.
35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this Packet Pg. 394 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
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paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if proposed contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY shall ensure that the proposed contractor arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Proposed contractor shall provide AGENCY proof of compliance, i.e., organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. AGENCY must be able to provide this proof upon request from CALTRANS District Grant Manager.
37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Grant Manager no later than November 1, 2026.
CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Grant Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2026.
38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.
40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:
I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.
41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character Packet Pg. 395 Attachment: ^Cycle 2 RGA Template_City of Redding_Calaboose Creek Project_CERT (4.11(g)--Accept the Clean CA Local Grant Program City of Redding
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establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.
42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.
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Section IV
Attachments:
The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.
I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF REDDING
By: By:
Printed Name:
Gretchen Chavez
Printed Name:
Title:
Office Chief
Office of Innovative Programs
Division of Local Assistance
Title:
Date: Date:
By:
Printed Name:
Title:
Date:
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Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Redding, hereinafter referred to as AGENCY, will commence on September 15, 2023, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.
AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2026.
Recitals
1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.
2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.
Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:
Section I
AGENCY Agrees:
To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.
Section ll
CALTRANS Agrees:
That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.
Section lII
It Is Mutually Agreed:
1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41. The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.
Packet Pg. 398 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
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2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.
3. AGENCY shall perform all the duties and obligations described in Oregon Street Improvements Project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.
4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.
5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e) “AGENCY agrees that it is not requesting an advance payment, and that it may not hereafter request an advance payment
6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).
California Government Code Section 14460(a)(1) provides: “The department CALTRANS, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
Packet Pg. 399 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
Agreement Number: CCL-5068-069
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7. Project funding is as follows:
Fund Title* Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-0001
State Program Code 20.30.010.900
FY 2023/24 $2,111,000.00
Cash Local Match Agency Provided $0.00
Value of Third-Party In-Kind
Contributions
Agency Provided $0.00
Total of Local Funds Agency Provided $0.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $0.00
Total Participating Costs $2,111,000.00
Total Non-Participating Costs $0.00
Total Project Costs $2,111,000.00
Notes: *Means the amounts in this column only include participating costs.
No in-kind contributions may be made unless the amount and type of the contribution is identified above.
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. $2,111,000.00
Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified
8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.
Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.
9. Notification of Parties
a. AGENCY’s Project Manager for Project is (Zachary Bonnin/ (530) 225-4049). b. CALTRANS’ District Grant Manager is (Azhar Latif/ 530-768-0514) “District Grant Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
Jie Chen 11/20/2023
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Agreement Number: CCL-5068-069
AMS ADV ID: 0224000038
City of Redding
Attention: (Zachary Bonnin), (Transportation Planner)
Phone Number: (530) 225-4049
Email: [email protected]
777 Cypress Avenue
Redding, California 96001
California Department of Transportation
District 2/Division of Planning and Local Assistance
Attention: Azhar Latif, Local Assistance Engineer
Phone Number: (530) 768-0514
Email: [email protected]
1657 Riverside Drive, MS #5
Redding, California 96001
10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on September 15, 2023, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2026. Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2026. Work incurred after June 30, 2026 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2026.
Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2026 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Grant Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.
11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.
12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $2,111,000.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.
CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Grant Manager at or below that fund limitation established herein.
13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with Project Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other Packet Pg. 401 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
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party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.
Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.
14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.
In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.
15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Packet Pg. 402 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
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Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.
Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least every six months, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Grant Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Grant Managerhttps://dot.ca.gov/-/media/dot-media/programs/localassistance/documents/lapm/ch05.pdf, as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall be complete with all of the following sections in the invoice completed:
1) Section 1: Invoice
2) Section 2: Indirect Cost Calculation, if the AGENCY is seeking reimbursement for indirect costs
3) Section 3: Billing Summary
4) AGENCY shall submit a completed detailed contractor award package, including final cost estimates, to CALTRANS after the project has been awarded to the contractor. The award package shall be submitted to CALTRANS with the first invoice that the AGENCY is seeking reimbursement for the contractor for.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.
Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least every 6 months, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2026 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2026.
16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or 6-month basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Packet Pg. 403 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
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Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2026.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.
17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Grant Manager to determine if AGENCY is performing to expectations, on schedule, within funding cost limitations, communicating interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller, or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotPacket Pg. 404 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
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media/programs/local-assistance/documents/lapm/ch05.pdf. e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.
19. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).
20. Iran Contracting Act and State of California Executive Order N-6-22 AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that AGENCY’S proposed contractor is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless the proposed contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. Additionally, and to the extent applicable, AGENCY shall adhere to State of California Executive Order N-6-22, issued on March 4, 2022, with regard to proposed contractor.
21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.
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22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.
23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its Packet Pg. 406 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
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subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.
24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.
25. INTENTIONALLY DELETED
26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior Packet Pg. 407 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
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written notification by the CALTRANS District Grant Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Public Contract Code, Section 2000 et. seq.); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Government Code, Section 4525 et. seq. and Chapter 10 of the Caltrans Local Assistance Procedures Manual); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 26, ThirdParty Contracts. The SCM can be found at the following link:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-ResourcesList-Folder/State-Contracting. Chapter 10 of the Caltrans Local Assistance Procedures Manual can be found at the following link: https://dot.ca.gov/programs/localassistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.
Copies of all agreements with sub-recipients, contractors, and subcontractors, must be able to be provided upon request to the CALTRANS District Grant Manager. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior notification in writing by the CALTRANS District Grant Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14b, above.
27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
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1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.
28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Grant Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data.
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7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns Packet Pg. 410 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
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(including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement, or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this Packet Pg. 411 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
Agreement Number: CCL-5068-069
AMS ADV ID: 0224000038
RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.
33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its Packet Pg. 412 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
Agreement Number: CCL-5068-069
AMS ADV ID: 0224000038
contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.
34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.
35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this Packet Pg. 413 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
Agreement Number: CCL-5068-069
AMS ADV ID: 0224000038
paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if proposed contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY shall ensure that the proposed contractor arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Proposed contractor shall provide AGENCY proof of compliance, i.e., organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. AGENCY must be able to provide this proof upon request from CALTRANS District Grant Manager.
37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Grant Manager no later than November 1, 2026.
CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Grant Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2026.
38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.
40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:
I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.
41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character Packet Pg. 414 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
Agreement Number: CCL-5068-069
AMS ADV ID: 0224000038
establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.
42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.
Packet Pg. 415 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant City of Redding
Agreement Number: CCL-5068-069
AMS ADV ID: 0224000038
Section IV
Attachments:
The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.
I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF REDDING
By: By:
Printed Name:
Gretchen Chavez
Printed Name:
Title:
Office Chief
Office of Innovative Programs
Division of Local Assistance
Title:
Date: Date:
By:
Printed Name:
Title:
Date:
Packet Pg. 416 Attachment: ^Cycle 2 RGA Template_City of Redding_Oregon Street Improvements Project_CERT (4.11(g)--Accept the Clean CA Local Grant H:\26\26205 - SRTA Regional Active Trans Network\007 - Redding Clean California Grant Support\design\_Xref\XR-MUP-26205.007.dwg Jan 28, 2022 - 4:25pm - zjensen Layout Tab: Overview Project Overview Redding, CA 1 Calaboose Creek Clean California Infrastructure Project January 22 Figure N Class III bikeway (sharrows and wayfinding signage)
Placer St
Yuba St
Sacramento St
South St
Gold St
Waldon St
California St
Waldon St
Lincoln St
Class III bikeway
(sharrows and
wayfinding signage)
continued for approx. half-mile south to California St
Union Pacific Railroad Railroad Ave 12-foot sidewalk 12-foot Class I shared-use path 12-foot Class I shared-use path Note Proposed white pavement markings are shown in black for clarity.
0 Scale: 1" = 150' 150 75 150 Raised crosswalk 6-foot sidewalk extension 6-foot sidewalk extension Curb ramp and crosswalk Areas of litter abatement, beautification, and landscaping Packet Pg. 417
Attachment: Calaboose Creek Concept Plans (4.11(g)--Accept the Clean CA Local Grant Program Funds and Authorize Agreements and Resolutions) 12'
Concrete Sidewalk
4'
Buffer
Railroad
ROW
Back of
Curb
Edge of
Sidewalk
12'
Concrete Sidewalk
4'
Buffer
0.5'
4'
Buffer
Railroad
ROW
0.5'
5'
Face of
Curb
Edge of
Sidewalk
Edge of
Sidewalk
Union Pacific Railroad
Litter abatement
and landscaping
H:\26\26205 - SRTA Regional Active Trans Network\007 - Redding Clean California Grant Support\design\_Xref\XR-MUP-26205.007.dwg Jan 28, 2022 - 4:25pm - zjensen Layout Tab: Railroad Ave Placer St to South St
Redding, CA 2
Calaboose Creek Clean California Infrastructure Project January 22 Figure
Railroad Ave
Fence Placer St South St
Waldon St
Fence
Relocate utility poles
Retaining wall
with railing
Class III bikeway
(sharrows and
wayfinding signage)
continued from Yuba St
Litter abatement
and landscaping
N
Note
Proposed white pavement markings are shown in black for clarity. 60 30 0 60
Scale: 1" = 60'
High-visibility
crosswalks
Construct curb
return with ramp
Section A Section B
B
B
A
A
12-foot sidewalk
High-visibility
crosswalks
Packet Pg. 418 Attachment: Calaboose Creek Concept Plans (4.11(g)--Accept the Clean CA Local Grant Program Funds and Authorize Agreements and 12' Asphalt Multiuse Path Landscaping 0.5' 4' Buffer 0.5' 5' Face of Curb Edge of Path Edge of Path Union Pacific Railroad
South St Waldon St
N 60 30
0 60 Scale: 1" = 60' Parallel on-street parking Section C C
C Litter abatement and landscaping Fence Relocate utility pole California St Upgrade crossing Approx. top of creek bank H:\26\26205 - SRTA Regional Active Trans Network\007 - Redding Clean California Grant Support\design\_Xref\XR-MUP-26205.007.dwg Jan 28, 2022 - 4:25pm - zjensen Layout Tab: Waldon St Waldon St & Gold St Redding, CA 3 Calaboose Creek Clean California Infrastructure Project January 22 Note Figure Proposed white pavement markings are shown in black for clarity. Replace/extend culvert Raised crosswalk Retaining wall with railing Litter abatement and landscaping in City-owned parcels Upgrade crossings 12-foot Class I shared-use path 6-foot sidewalk extension Curb extension with ramp Fence Gold St
Waldon St
Packet Pg. 419
Attachment: Calaboose Creek Concept Plans (4.11(g)--Accept the Clean CA Local Grant Program Funds and Authorize Agreements and Resolutions) 12'
Asphalt Multiuse Path Landscaping
Edge of
Path
Edge of
Path
Landscaping
H:\26\26205 - SRTA Regional Active Trans Network\007 - Redding Clean California Grant Support\design\_Xref\XR-MUP-26205.007.dwg Jan 28, 2022 - 4:25pm - zjensen Layout Tab: Waldon St South Waldon St
Redding, CA 4
Calaboose Creek Clean California Infrastructure Project January 22 Figure Gold St
Waldon St
Relocate utility pole
Approx. top of
creek bank
N
Note
Proposed white pavement markings are shown in black for clarity. 40 20 0 40
Scale: 1" = 40'
Upgrade
crossing
Construct curb
return with ramp
Section D
12-foot Class I
shared-use path
Litter abatement
and landscaping in
City-owned parcels
Angled parking
Bike ramp
Connect to
existing sidewalk
Litter abatement
and landscaping in
City-owned parcel
Class III bikeway (sharrows
and wayfinding signage)
continued for approx.
half-mile south to California St
6-foot sidewalk
extension
6-foot sidewalk
extension
D
D
Packet Pg. 420 Attachment: Calaboose Creek Concept Plans (4.11(g)--Accept the Clean CA Local Grant Program Funds and Authorize Agreements and
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt the Mitigated Negative Declaration ( MND), the Mitigation Monitoring Program ( MMP), and approve the Oregon Street Improvements Project satisfying the requirements of the California Environmental Quality Act (CEQA Guidelines § 15074).
Fiscal Impact
Approval of the project along with adoption of the Mitigated Negative Declaration ( MND) and the Mitigation Monitoring Program (MMP) allows the project to move toward the final design and construction phases. There is no fiscal impact as a direct result of adopting the MND and MMP.
The Oregon Street Improvements Project (Project) is currently in the project development phase funded with budgeted Streets and Roads funds. The estimated cost to construct the project is 1,500, 000 and will be funded through a combination of grants and/ or Streets and Roads funds.
Alternative Action
The City Council ( Council) may choose not to adopt the MND and/ or the MMP, and not approve the project as described. Without approval, the project would not proceed as a City of Redding City) project, as it would not be in compliance with the California Environmental Quality Act.
Background/ Analysis
The project area includes two discontinuous segments along Oregon Street: the first area is located between Yuba Street and Butte Street, and the second area is located between Tehama Street and Shasta Street. The purpose of this project is to improve pedestrian access and safety.
The project is needed because these two roadway sections do not currently have continuous sidewalk on the east side which forces pedestrians to walk on the edge of the pavement next to MEETING DATE: June 15, 2021
ITEM NO. 4.11(c)
FROM:
APPROVED BY***
[email protected] btippin@cityofredding. org
SUBJECT: 4.11( c)-- Oregon Street Improvements Project
Chuck Aukland, Public
Works Director
Packet Pg. 421 Attachment: Previous Staff Report 6-15-2021 (4.11(g)--Accept the Clean CA Local Grant Program Funds and Authorize Agreements and Report to Redding City Council June 9, 2021
Re: 4.11( c)-- Oregon Street Improvements Project Page 2 an open channel or walk in the traveled way. Under existing conditions, some disabled pedestrians do not have any other option and must traverse the travel way. The proposed project would provide approximately 460 linear feet of 10-foot sidewalk for pedestrians, as well as Americans with Disabilities Act (ADA) compliant curb ramps.
There is an existing sidewalk between the two project segments. The existing section of sidewalk is built over Calaboose Creek and is in alignment with the street grid plan. Calaboose Creek functions as part of the City’s storm drain system and captures drainage from residential, commercial, and industrial uses.
In order to construct the project, approximately 460 feet of new 5-foot by 8-foot box culvert would be installed within the two open channel segments of Calaboose Creek along Oregon Street. The new sidewalk, curb, and gutter would be constructed over the subsurface box culvert.
The project includes pavement grinding and a pavement overlay; however, the project will not increase vehicle capacity as the roadway will conform to the existing sidewalk section and street grid. Utility relocation includes four utility poles, as well as AT&T lines. The project will require earthwork, culvert extension, drainage modification, vegetation removal, utility relocation, paving, sign installation, and striping. The majority of work will occur within the City’s right of way (ROW); however, temporary permits to enter and construct will be needed to install the new culvert and connect the drainage from private properties. Permanent ROW acquisition will not be required. Construction will take one season and the project is anticipated to be built in 2022.
An Initial Study ( IS) was prepared to satisfy the requirements of the California Environmental Quality Act (CEQA). It describes why the project is being proposed and the potential impacts to the existing environment. The IS shows that the proposed project could have a significant effect on biological resources, but with implementation of mitigation measures, those impacts will be reduced to a level considered less than significant. The mitigation measures and conservation measures to be implemented are common practices and include, but are not limited to, biological pre- construction surveys, in-water work windows, impact minimization, exclusionary fencing, and erosion control.
Based on the conclusions made in the IS, an MND was prepared. The MND describes the project, including mitigation measures, and makes the determination that there will be no significant effect on the environment provided that the defined mitigation measures are implemented as part of the project. In addition, a Mitigation and Monitoring Program ( MMP) has been written and incorporated into the MND (CEQA Section 21081.6). The MMP will be used by City staff, contractors, agencies, and monitoring personnel during and after the project to ensure effective implementation of the adopted mitigation measures outlined in the MND.
The IS/MND/MMP documents were sent to the State Clearinghouse for a 30 -day public review period and distribution to pertinent state agencies. They 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 who own property in the vicinity of the project and posted in the local newspaper. One comment letter was received during the public comment period. The comment was from the California Department of Fish and Wildlife and the response to the comment letter has been prepared and is attached to the final MND.
Packet Pg. 422 Attachment: Previous Staff Report 6-15-2021 (4.11(g)--Accept the Clean CA Local Grant Program Funds and Authorize Agreements and Report to Redding City Council June 9, 2021
Re: 4.11( c)-- Oregon Street Improvements Project Page 3 The City of Redding is the lead agency for the project pursuant to CEQA. As the lead CEQA agency, the City Council is authorized to adopt the MND per Redding Municipal Code Section
18.24.070.E and state law. Upon adoption of the MND and approval of the project by the City Council, a Notice of Determination will be filed with the Shasta County Clerk’ s Office and the State Clearinghouse, completing the environmental review process. The IS/MND is available in the City Clerk’ s office for review and is currently available online at https://www.cityofredding.org/departments/public-works/environmental-management.
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
Location Map
Mitigated Negative Declaration ( available online)
Mitigation Monitoring and Environmental Commitment Program (available online) Packet Pg. 423 Attachment: Previous Staff Report 6-15-2021 (4.11(g)--Accept the Clean CA Local Grant Program Funds and Authorize Agreements and Packet Pg. 424 Attachment: Overlook Conceptual Site Plan (4.11(g)--Accept the Clean CA Local Grant Program Funds and Authorize Agreements and
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize submission of the following grant applications to the California Department of Transportation’s Clean California Local Grant Program for projects that support litter abatement, beautification, safety, and related public education efforts:
(1) A grant application for up to $5,000,000 to be used for the area around Calaboose Creek in Downtown Redding; and
(2) A grant application for up to $1,500,000 in partnership with Shasta Living Streets to construct an overlook plaza above the Sacramento River on the Diestelhorst to Downtown Trail at Riverside Drive and Court Street.
Fiscal Impact
To prepare the overlook grant application, the City of Redding (City) will partner with Shasta Living Streets and Alta Planning + Design. The cost is $15,000 which can be covered within the existing budget identified in the grant application.
If the City is successful in obtaining grant funds, it may receive up to $6,5000,000 with a required local match that ranges from 0 to 50 percent, depending on the calculated severity of disadvantage (SOD) surrounding the project. California Department of Transportation (Caltrans) will provide a specific figure for the required match after reviewing applications based on the SOD. Using the grant program’s metrics, the proposed projects qualify as disadvantaged communities, and the SOD should place potential match requirements at zero. If the City is awarded the grant funds, staff will present the award and match proposal, if any local match is required, to the City Council at a later date.
MEETING DATE: March 21, 2023
ITEM NO. 4.6(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(a)--Authorize Submission of Grant Applications to California Department of Transportation (Caltrans) Clean California Local Grant Program (CCLGP) Kim Niemer, Community
Services Director
Packet Pg. 425 Attachment: Previous Staff Report - March 21, 2023, Item 4.6 (a) - Grant Application (4.11(g)--Accept the Clean CA Local Grant Program Funds Report to Redding City Council March 16, 2023
Re: 4.6(a)--Grant Application - Caltrans for Clean California Local Grant Program Page 2 Alternative Action
The City Council (Council) could decline to authorize the application to the Caltrans Clean California Local Grant Program (Caltrans CCLGP). The City would miss the opportunity to receive up to $6,500,000 with a possibility of no matching funds required.
Background/Analysis
The Caltrans CCLGP is a competitive program created to beautify and clean-up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The program is funded by an allocation of $100 million in Fiscal Year 2023-24 from the State Budget and offers awards to eligible applicants up to a maximum of $5 million. The program goals are: to reduce waste and debris in public rights-of-way, pathways, parks, transit centers, and other public spaces; enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect; enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation; and advance equity for underserved communities.
In the first request, the City seeks up to $5 million to implement a CCLGP project along the section of Calaboose Creek from Railroad/Placer Streets to Market Street. This area is a priority for litter abatement and waste reduction in addition to being within walking distance from intended active transportation corridors through Downtown Redding, Carnegie Park, and transit centers, including the Amtrak Station and RABA Downtown Transfer. The requested funding will address litter abatement and waste removal and include an educational component and physical infrastructure to beautify and encourage cleanliness and public safety downtown while preserving and improving the natural elements of Calaboose Creek along the roadside. The proposal includes a program for the City to partner with private sector non-profits to provide a job training and working skills development program.
The second request seeks up to $1.5 million for the construction of an overlook plaza to serve as a vista point and rest stop along the new Diestelhorst to Downtown Trail. The theme of the design is a blend of native cultures and active transportation. The location provides scenic views of the Sacramento River, train trestle, and Caldwell Park. The requested funding will also address litter abatement and waste removal and include an educational component and physical infrastructure to beautify and encourage cleanliness and public safety along this important corridor.
Environmental Review
This action is not a project as defined by the California Environmental Quality Act (CEQA), and no further action is required.
Packet Pg. 426 Attachment: Previous Staff Report - March 21, 2023, Item 4.6 (a) - Grant Application (4.11(g)--Accept the Clean CA Local Grant Program Funds Report to Redding City Council March 16, 2023
Re: 4.6(a)--Grant Application - Caltrans for Clean California Local Grant Program Page 3 Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Calaboose Creek Concept Plans
Overlook Concept Plan
Packet Pg. 427 Attachment: Previous Staff Report - March 21, 2023, Item 4.6 (a) - Grant Application (4.11(g)--Accept the Clean CA Local Grant Program Funds
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following:
(1) Accept grant funding in the amount of $10,000,000 from CalRecycle for the design and construction of the Redding Organics Diversion to Energy Operation project, a food waste receiving and biogas production facility at the City of Redding (City) Clear Creek Wastewater Treatment Plant;
(2) Adopt Resolution approving and adopting the 26th Amendment to Budget Resolution No. 2023-060 appropriating $10,000,000 in state grant funds and $2,600,000 in City Wastewater Department funds for the project; and
(3) Authorize the Public Works Director to sign the required documents with Pacific Gas and Electric Company for the design and construction of a biogas Pipeline Injection Station.
Fiscal Impact
The Redding Organics Diversion to Energy Operation (RODEO) project's total cost is estimated to be $12,600,000 and will be funded by CalRecycle CoDigestion grant funding and the City of Redding’s (City) Wastewater Utility fund. The CalRecycle grant will provide $10,000,000 towards the project while Wastewater Utility provides $2,600,000 from their reserve cash balance. Though funding for the construction of this facility was not previously budgeted, the Wastewater Utility has adequate reserve funding to cover costs exceeding the amount provided by grant funding.
Alternative Action
The City Council may decline to accept this grant funding. By doing so, this project will not be constructed and CalRecycle may allocate these funds to another agency. The Solid Waste Utility will continue to find alternatives for disposing of food waste and other organics, as required by California Senate Bill 1383 and other legislative requirements, mandating the diversion of organics from landfills.
MEETING DATE: February 6, 2024
ITEM NO. 4.11(h)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(h)--Accept CalRecycle grant funding for the Redding Organics Diversion to Energy Operation Project and adopt a Budget Resolution.
Michael Webb, Public Works
Director
Packet Pg. 428
Report to Redding City Council January 31, 2024
Re: 4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso Page 2 Background/Analysis
Recent State legislative changes regarding greenhouse gas emissions and the disposal of organic waste (California Senate Bill (SB) 1383, California Assembly Bill (AB) 32, AB 1826, AB 876, AB 341, and AB 1594) mandate that landfills no longer accept organic wastes. SB 1383 codified California's commitments to reduce greenhouse gas emissions and air pollution statewide.
Methane gas emissions from landfills are being targeted to reduce California’s Greenhouse Gas emissions. Currently, staff has secured the capacity for disposal of source-separated organic food waste material at the closest commercial organics processing facility in Oroville, CA. This material is planned to be trucked to the facility by City Solid Waste staff and processed at a current rate of $84/ton increasing to $95/ton in 2025 with an estimated annual cost of $74,000.
This cost doesn’t include staff or trucking costs. This ongoing cost will continue to increase annually as capacity becomes less available. As a result, staff has identified the RODEO project that leverages existing City infrastructure and will eliminate the need for Solid Waste to transport organics out of the area and reduce its processing fees.
The RODEO project would construct a food waste receiving station at the Clear Creek Wastewater Treatment Plant to accept organics into the existing anaerobic digestion process and biogas conditioning system to produce methane gas which will be sold to Pacific Gas and Electric (PG&E) via a Pipeline Injection Station. This Project helps meet the requirements of SB 1383 by diverting food waste from landfills, and will also produce methane gas, which will be captured and used for other beneficial purposes. In addition, it is anticipated that the project will generate renewable energy credits for the City.
A feasibility study was conducted with PG&E to determine if current PG&E infrastructure would be adequate to accept the methane gas produced by the RODEO project. PG&E determined that the project is feasible and it has been cleared by PG&E for further design. A contract with PG&E for preliminary engineering of a methane gas Pipeline Injection Station would need to be executed for an initial amount of $50,000. As the project development process continues, the contract with PG&E will need to be amended to provide additional funding for the construction of the Pipeline Injection Station, estimated at approximately $3,500,000.
On January 18, 2022, the City Council adopted Resolution No. 2022-001 authorizing the submission of applications for all California Department of Resources Recycling and Recovery (CalRecycle) grants for which the City is eligible through January 18, 2027. The Resolution also authorized the City Manager, or designee, to execute in the name of the City all grant documents, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.
In May 2023, the Solid Waste and Wastewater utilities hired a consultant to apply for a competitive grant from CalRecycle’s Organics Grant Program. The RODEO project was submitted for grant funding. These grant funds would cover project design and construction costs. On December 14, 2023, CalRecycle notified the City that the grant request was approved for the maximum award amount of $10,000,000.
Staff recommends the addition of $2,600,000 of wastewater reserve funds to the FY2023-24 capital budget to complete the Project.
Packet Pg. 429
Report to Redding City Council January 31, 2024
Re: 4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso Page 3 Environmental Review
Funding acceptance is not a project as defined by the California Environmental Quality Act (CEQA), and no further action is required at this time. Acceptance of the grant funding will allow the design and environmental technical studies to proceed for the Food Waste Receiving and Biogas Production Facility Project. CEQA compliance documentation would be presented to Council at, or prior to, award of the project.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Resolution
^Location Map_
^ORG7 Award RFA
^Attachment I - ORG7 Project Summaries
^PG&E Agreement and Attachment A1
^Reso 2022-001 - Authorizing Submittal of Application(s) For All CalRecycle Grants CalRecycle December 2023 Monthly Public Meeting Agenda Revised Packet Pg. 430
RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 26
th AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060
APPROPRIATING $12,600,000 FOR THE REDDING ORGANICS DIVERSION TO
ENERGY OPERATION PROJECT AND THE ASSOCIATED FUNDING SOURCES FOR FISCAL YEAR 2023-24
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2023-060 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
231 6392
Wastewater Treatment Capital
Outlay
$12,600,000
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Decrease (Increase) Fund Balance
231-6392-2910000-00000 Fund Balance $ 2,600,000
Increase (Decrease) Revenue
231-6392-3631401-00000 State Grant Capital - Wastewater $ 10,000,000 Increase Expenditures
231-6392-7800042-00000
Wastewater - Structures &
Improvements $ 12,600,000
Total $ 12,600,000 $ 12,600,000
THAT the purpose is to appropriate $12,600,000 for the Redding Organics Diversion to Energy Operation project and the associated funding sources for fiscal year 2023-24.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 6th day of February, 2024, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
TENESSA AUDETTE, Mayor
ATTEST: FORM APPROVAL:
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 431 Attachment: ^Resolution (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso) Packet Pg. 432 Attachment: ^Location Map_ (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Request for Approval
To: Zoe Heller
Deputy Director, Division of Circular Economy
From: Michelle Martin
Branch Chief, Financial Resources Management Branch
Request Date: December 6, 2023
Decision Subject: Awards for the Organics Grant Program, Cycle 7 (Greenhouse Gas Reduction Fund, Fiscal Years 2021‒22 and 2022‒23, and General Fund, Fiscal Year 2022‒23)
Action By: December 13, 2023
Summary of Request
Staff requests approval of 23 grant awards in the amount of $130,620,128 for the competitive Organics Grant Program (Program) for fiscal years (FYs) 2021‒22 and 2022‒23. This Program was oversubscribed by $58,292,627 as $188,912,755 in funding was requested from 32 eligible applications received. The remaining passing applications, reflected in rank order in Table 3, could be funded if additional funds are allocated to this program in the future.
Funding
The FY 2021–22 proposed Budget, as amended by Senate Bill (SB 170) (Chapter 240, Statutes of 2021), allocated $70,000,000 to CalRecycle from the Greenhouse Gas Reduction Fund, with $3,500,000 reserved to cover administrative costs, as authorized in the Budget and shall be used to provide grants for the purposes of paragraphs (1), (2), or (5) of subdivision (b) of Section 42999 of the Public Resources Code. CalRecycle allocated $4,240,000 for a regional cycle of the Community Composting for Green Spaces Grant Program and $510,000 for a separate grant cycle for community composting projects, available only to Qualifying Tribal Entities. The remaining funding in the amount of $61,750,000 is recommended for award in this RFA.
The FY 2022–23 Budget, as amended by Assembly Bill (AB) 179 (Chapter 249, Statutes of 2022), allocated $15,000,000 to CalRecycle from the General Fund, with $750,000 reserved to cover administrative costs, as authorized in the Budget. CalRecycle has awarded $12,338,802 of the FY 2022–23 money in the cycle of the Organics Grant Program. The remaining $1,911,198 allocation for the purposes of paragraphs (1), (2), or (5) of subdivision (b) of Section 42999 of the Public Resources Code is recommended for award in this RFA.
The FY 2022–23 Budget, as amended by AB 179, allocated $10,000,000 to CalRecycle from the Greenhouse Gas Reduction Fund, with $500,000 reserved to cover administrative costs, as authorized in the Budget. CalRecycle awarded $3,950,527 of the FY 2022–23 money to an unfunded applicant from the Co-Digestion Grant Program, resulting in $5,549,473 being recommended for award for purposes of paragraph (6) of subdivision (b) of Section 42999 of the Packet Pg. 433 Attachment: ^ORG7 Award RFA (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Public Resources Code. In addition, AB 179 allocated $180,000,000 to provide grants to local jurisdictions to assist in the implementation of SB 1383 (Lara, Chapter 395, Statutes of 2016).
Of that allocation, $81,000,000 was allocated to the Organics Grant Program to fund the immediate, critical infrastructure needed to process organic waste as required by SB 1383.
Eligible entities for this funding include cities, counties, cities and counties, Joint Powers Authorities, and special districts directly responsible for solid waste collection services.
CalRecycle recommends utilizing $61,409,457 of this funding to award all local jurisdiction applications with a passing score. The remaining amount of $19,590,543 will be redirected to the SB1383 Local Assistance Grant Program.
Table 1. Funding
Fund Source Amount
Available
Amount to
Fund Item
Amount
Remaining Line Item
Greenhouse Gas
Reduction Fund (FY
2021–22)
$61,750,000 $61,750,000 $0 Local Assistance
/Organic
Infrastructure
Grants
General Fund (FY
2022–23)
$1,911,198 $1,911,198 $0 Local Assistance
/Organic
Infrastructure
Grants
Greenhouse Gas
Reduction Fund (FY
2022–23
$5,549,473 $5,549,473 $0 Local Assistance
/Co-Digestion
Grants
Greenhouse Gas
Reduction Fund (FY
2022–23
$81,000,000 $61,409,457 $19,590,543 Local Assistance
/SB 1383 Grants
Total $150,210,671 $130,620,128 $19,590,543
Background and Findings
Statutory Authority
Public Resources Code section 42995 et seq., added to statute by the enactment of SB 862 (Statutes of 2014, Chapter 36) and amended by SB 155 (Statutes of 2021, Chapter 258), authorizes CalRecycle to administer a grant program to provide financial assistance to reduce the emissions of greenhouse gases (GHG) by promoting in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste or process organic and other recyclable materials into new, value-added products.
Program Background
This Program is part of California Climate Investments, a statewide program that puts billions of Cap-and-Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health and the environment. At least 35 percent of California Climate Investments must benefit disadvantaged communities, low-income communities, and lowincome households, collectively known as priority populations.
Packet Pg. 434 Attachment: ^ORG7 Award RFA (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
This Program provides funds to support expansion of the waste management infrastructure, particularly for new or expanded organics infrastructure such as composting and digestion facilities, to achieve greenhouse gas reductions. These investments will result in reduced methane emissions from landfills; benefit priority populations by upgrading existing facilities and, where warranted, establish new facilities; result in air and water quality benefits in addition to greenhouse gas (GHG) emission reductions; and create jobs.
Criteria and Process
The Eligibility Criteria and Evaluation Process was discussed at the December 20, 2022, CalRecycle Public meeting and subsequently approved by the Deputy Director. The Notice of Funds Available was published on CalRecycle’s website on February 9, 2023, and a notice was sent to interested parties.
Applications were due to CalRecycle on May 2, 2023, with a secondary due date of May 11, 2023, for authorizing documentation submission. CalRecycle received 69 applications requesting a total of $387,845,869.30. After the close of the application period, staff reviewed the applications for completeness and eligibility. As a result, 20 applications were disqualified for either submitting an incomplete application or having an ineligible project. Staff reviewed the remaining applications in accordance with the approved evaluation and scoring criteria.
Subsequently, 17 applications did not receive a passing score. The maximum grant award is $500,000 for in-vessel projects, $3,000,000 for stand-alone pre-processing projects, $10,000,000 for anaerobic/co-digestion and compost projects, and $13,000,000 for anaerobic/co-digestion and compost projects with a pre-processing project. Staff proposes to fund 23 of the 32 eligible applicants. If additional monies become available, staff recommends funding the remaining eligible applicants in rank order, as listed in Table 3. As a result of the projects recommended for award, 7.7 million tons of green and food material will be diverted from landfills, a reduction of over 2 million MTCO2e in greenhouse gas emissions, and 114 jobs will be created.
Attachments
See Attachment I – Project Summaries for a description of each project recommended for award.
Recommendation
Staff recommends approval of 23 grant awards as listed below for a total of $130,620,128.
Table 2. Recommended Awards
Applicant Project Type Award
Amount
Humboldt Waste Management
Authority*
Standalone Pre-Processing $2,710,081
Kochergen Farms Composting,
Inc. dba Green Valley
Recycling
Standalone Pre-Processing $3,000,000
* SB 1383 Funding Recipient
Packet Pg. 435 Attachment: ^ORG7 Award RFA (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Applicant Project Type Award
Amount
Republic Services of Sonoma
County, Inc.
Standalone Pre-Processing $2,461,423
Sacramento County* Standalone Pre-Processing $3,000,000 Subtotal $11,171,504
California Grinding, Inc. Anaerobic Digestion $6,625,956† City of Napa* Anaerobic Digestion $10,000,000
City of Riverside* Co-Digestion $10,000,000
City of Redding* Co-Digestion $10,000,000
Los Angeles County Sanitation
Districts*
Co-Digestion $10,000,000
SANCO Services LP Anaerobic Digestion $10,000,000
University of California, Davis Anaerobic Digestion $4,769,324 Subtotal $61,395,280
Anderson Landfill, Inc. Compost $10,000,000
California Wood Recycling dba
Agromin
Compost $10,000,000
Forward, Inc. Compost $5,167,510
Kern County* Compost $10,000,000
Northern Recycling, LLC Compost $10,000,000
Riverside County* Compost $1,288,470
Western Placer Waste
Management Authority*
Compost $9,960,379
Subtotal $56,416,359
California State University,
Sacramento
In-Vessel $179,618
DSM Group, LLC In-Vessel $341,367
Foodbank of Santa Barbara -
Goleta
In-Vessel $500,000
Foodbank of Santa Barbara -
Santa Maria
In-Vessel $500,000
University of Southern
California
In-Vessel $116,000
Subtotal $1,636,985
Grand Total $130,620,128
† Recommending partial award due to limited funds. Remaining amount included in Table 3.
Packet Pg. 436 Attachment: ^ORG7 Award RFA (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Table 3. Recommended Awards if Additional Funds Become
Available - B- List
Applicant Project Type Approved
Amount
California Grinding, Inc. Anaerobic Digestion $3,236,544‡ Arakelian Enterprises, Inc. DBA
Crown Recycling Services
Standalone Pre-Processing $3,000,000
Recology Ostrom Road Compost $10,000,000
Engel & Gray, Inc. Compost $2,799,620
Arakelian Enterprises, Inc., dba
American Organics
Compost $9,636,000
Universal Waste Systems, Inc. Standalone Pre-Processing $3,000,000 Mid-Valley Recycling, LLC Anaerobic Digestion $10,000,000 North State Renewables LLC Anaerobic Digestion $10,000,000 Paso Robles Waste Disposal
Inc. dba Paso Robles Waste &
Recycle
Anaerobic Digestion $2,643,200
Lost Hills Environmental LLC Compost $3,977,263
Total $58,292,267
Deputy Director Action
On the basis of the information and analysis in this Request for Approval and the findings set out herein, I hereby conditionally approve the grant awards for the Organics Grant Program as listed in Table 2. Each proposed grantee’s award is subject to two conditions:
1. The recommended grantee must pay all outstanding debts due to CalRecycle, or bring current any outstanding payments owed to CalRecycle, within 60 days of the date of the award email.
2. The recommended grantee’s Signature Authority (or where delegation is authorized, his or her Designee) must sign and return the Grant Agreement to CalRecycle. The signed Grant Agreement must be received by CalRecycle within 60 days of the date of the award email.
___________________________ ____________________________ Zoe Heller Dated
Deputy Director
‡ Remaining recommended award amount from Table 2.
Packet Pg. 437 Attachment: ^ORG7 Award RFA (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Attachment I: Project Summaries for Organics Grant Program Fiscal Year 2021-22 and 2022-23
Attachment I
Organics Grant Program, Fiscal Year 2021–22
and 2022–23 Project Summaries
The projects with proposed grant awards are briefly summarized below. Note that in some instances, CalRecycle modified GHG emission reductions and tons diverted estimates contained within the application documents due to factors such as ineligible feedstock and tonnages reported outside of the grant term.
Standalone Pre-Processing
• Applicant: Humboldt Waste Management Authority
• County: Humboldt
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $2,710,081
• Estimated GHGs (MTCO2e) over ten years: 47,298
• Estimated Diversion (Tons) over ten years: 237,823
Humboldt Waste Management Authority proposes a Stand-Alone Pre-Processing project to convert an existing 19,000-square-foot building at the Hawthorne Street Transfer Station located in Eureka, CA into an Organics Waste Processing Operation. The renovated facility will be used to receive, sort and process new residential co-collected and commercial source-separated food and green material currently disposed of at the Dry Creek Landfill. Commercial food material will be cleaned and processed into an organic slurry that will be transported to a composting facility. The project will result in 237,823 tons of newly diverted food and green material from landfill and a reduction of 47,298 MTCO2e of greenhouse gas emissions over ten years. In addition, the project will provide an estimated five full-time jobs targeted for priority populations and supports Humboldt County’s edible food recovery program.
• Applicant: Kochergen Farms Composting, Inc. dba Green Valley Recycling • County: Fresno
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $3,000,000
• Estimated GHGs (MTCO2e) over ten years: 99,447
• Estimated Diversion (Tons) over ten years: 461,137
Kochergen Farms Composting, Inc. (KFC), DBA Green Valley Recycling (GVR) proposes a StandAlone Pre-Processing project to install a food waste depackaging system, at the Green Valley Recycling Transfer and Processing Facility. Source separated food and green material (SSO) will be cleaned and processed into an organic slurry that will be transferred to KFC for composting. The SSO and residential food material is currently disposed of at the American Avenue Landfill in Fresno County, CA, located in a low-income community. The project will result in 461,137 tons of newly diverted food and green material from landfill and a reduction of 90,447 MTCO2e of greenhouse gas emissions over ten years. In addition, the project will provide up to 15 jobs targeted for priority populations.
Packet Pg. 438 Attachment: ^Attachment I - ORG7 Project Summaries (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Attachment I: Project Summaries for Organics Grant Program Fiscal Year 2021-22 and 2022-23
• Applicant: Republic Services of Sonoma County, Inc.
• County: Sonoma
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $2,461,423
• Estimated GHGs (MTCO2e) over ten years: 163,020
• Estimated Diversion (Tons) over ten years: 452,833
Republic Services of Sonoma County, Inc. proposes a Stand-Alone Pre-Processing project at their Sonoma County Central Transfer/Processing Facility in Petaluma, CA. This project will install a depackaging system to remove contamination from source-separated commercial food material currently disposed of at the Republic Services of Sonoma County, Inc. Central Disposal Site. Food and green material will be sent to Republic Services of Sonoma County’s composting facility in Richmond. The project will result in 452,833 tons of newly diverted food and green material from a landfill located in a low-income community and a reduction of 163,020 MTCO2e of greenhouse gas emissions over ten years. In addition, the project will provide an estimated two full-time permanent jobs targeted for priority populations.
• Applicant: Sacramento County
• County: Sacramento
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $3,000,000
• Estimated GHGs (MTCO2e) over ten years: 94,357
• Estimated Diversion (Tons) over ten years: 452,760
Sacramento County Department of Waste Management and Recycling proposes a Stand-Alone PreProcessing project to construct a dedicated building at its North Area Recovery Station for the preprocessing of food and green material currently disposed of at Kiefer Landfill. Commingled food and green material generated from residential curbside collection will be delivered to the new facility and pre-processed to remove contaminants. Once food and green material are pre-processed into one of four top load-out ports within the new transfer building, it is transferred to a permitted composting facility. The project will result in 452,760 tons of newly diverted food and green material from landfill and a reduction of 94,357 MTCO2e of greenhouse gas emissions over ten years. The project will provide job training to members of priority populations that will lead to industry recognized licenses/certifications.
Anaerobic Digestion/Co-Digestion
• Applicant: California Grinding, Inc.
• County: Fresno
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $6,625,956
• Estimated GHGs (MTCO2e) over ten years: 150,000
• Estimated Diversion (Tons) over ten years: 390,000
California Grinding Inc (CGI) proposes to build an anaerobic digestion facility that will include installation of pre-processing equipment, anaerobic digesters, a biogas upgrading system, and a predigestion system. The food and green material are currently landfilled at American Avenue Disposal Site, Visalia Disposal Site, and Woodville Landfill. The project will result in 390,000 tons of newly diverted food and green material from landfills located in disadvantaged and low-income communities Packet Pg. 439 Attachment: ^Attachment I - ORG7 Project Summaries (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Attachment I: Project Summaries for Organics Grant Program Fiscal Year 2021-22 and 2022-23
and a reduction of 150,000 MTCO2e over ten years. The facility will produce renewable natural gas that will be injected into the adjacent PG&E pipeline and provide an estimated 26 permanent jobs targeting priority populations.
• Applicant: City of Napa
• County: Napa
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $10,000,000
• Estimated GHGs (MTCO2e) over ten years: 120,000
• Estimated Diversion (Tons) over ten years: 300,000
The City of Napa proposes to add an anaerobic digestion operation at its material diversion facility.
The project will include installation of food waste pre-processing and polishing equipment, an anaerobic digester, and a biogas upgrading system. The biogas will be used to produce compressed natural gas for on-site fueling of City trucks and Napa Recycling and Waste Services solid waste collection vehicles and renewable electricity to power facility operations. The digestate will typically be composted on-site in the covered aerated static pile unit or sent to another composting facility, if needed, but can also be dried and sold as fertilizer. The food and green material are currently landfilled at Vasco Road, Potrero Hills, Ox Mountain, and Clover Flat Landfills. The project will result in 300,000 tons of newly diverted food and green material from landfill and a reduction of 120,000 MTCO2e of greenhouse gas emissions over ten years. The project will provide five permanent, fulltime jobs targeting priority populations. • Applicant: City of Riverside
• County: Riverside
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $10,000,000
• Estimated GHGs (MTCO2e) over ten years: 81,000
• Estimated Diversion (Tons) over ten years: 200,000
The City of Riverside proposes the installation of food waste receiving, pre-processing, polishing, and storage infrastructure, as part of the Riverside Water Quality Control Plant co-digestion project. The project will significantly expand the facility’s food waste receiving and anaerobic co-digestion capacity. Food waste cake will be received via dump trucks, polished to a slurry to remove plastic and grit contaminants, and then co-digested with wastewater sludge. The biogas produced will be upgraded to renewable natural gas and injected into the SoCalGas utility pipeline. The commingled food and green material are currently landfilled at Badlands and Lamb Canyon Landfills. The project will result in 200,000 tons of newly diverted food and green material partially from a landfill located in a low-income community and a reduction of 81,000 MTCO2e of greenhouse gas emissions over ten years. Benefits to priority populations include energy rate stabilization, air pollution reduction, and reduced impact to freshwater resources; as well as a wastewater treatment operator-in-training program targeted to local workers.
• Applicant: City of Redding
• County: Shasta
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $10,000,000
• Estimated GHGs (MTCO2e) over ten years: 9,000
Packet Pg. 440 Attachment: ^Attachment I - ORG7 Project Summaries (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Attachment I: Project Summaries for Organics Grant Program Fiscal Year 2021-22 and 2022-23
• Estimated Diversion (Tons) over ten years: 40,000
The City of Redding proposes to design and construct infrastructure that will enable the City to utilize excess anaerobic digestion capacity at the Clear Creek Wastewater Treatment Plant to divert food material from landfills for co-digestion. The project will include the construction of food waste slurry receiving equipment and storage tanks, a polishing process for intake of feedstock into the existing anaerobic digesters, and a two-stage biogas conditioning system to meet the increased output of biogas before injecting this renewable natural gas into the PG&E gas transmission main. The sourceseparated food and green material is currently landfilled at West Central Landfill. The project will result in 40,000 tons of newly diverted food material from a landfill located in a low-income community, a reduction of over 9,000 MTCO2e of greenhouse gas emissions over ten years, and will create one full-time permanent job.
• Applicant: Los Angeles County Sanitation Districts
• County: Los Angeles
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $10,000,000
• Estimated GHGs (MTCO2e) over ten years: 160,000
• Estimated Diversion (Tons) over ten years: 600,000
Los Angeles County Sanitation Districts (LACSD) proposes to expand its Food Waste Recycling Program with the construction of the Biogas Conditioning System 2 (BCS-2), which will include equipment such as biogas compression, dehydration, and treatment systems. BCS-2 will allow the co-digestion facility to operate at full capacity. BCS-2 will upgrade biogas generated from the codigestion of food material at LACSD’s Joint Water Pollution Control Plant into renewable natural gas for vehicle use at LACSD's compressed natural gas fueling station or injection into the SoCalGas utility pipeline. The source-separated food material is currently being landfilled at Mid-Valley Sanitary Landfill, Lost Hills Environmental Waste Facility, and Salton City Solid Waste Site. The project will result in 600,000 tons of newly diverted food and green material from landfills located in disadvantaged and low-income communities and a reduction of 160,000 MTCO2e of greenhouse gas emissions over ten years. Benefits to priority populations include air and water pollution reduction and energy from renewable natural gas.
• Applicant: SANCO Services LP
• County: San Diego
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $10,000,000
• Estimated GHGs (MTCO2e) over ten years: 300,000
• Estimated Diversion (Tons) over ten years: 775,000
SANCO Services LP proposes to expand its anaerobic digestion operation located at the Escondido Resource Recovery facility. The project will include the installation of two new digesters and a biogas upgrading system. The facility will also produce high-quality compost that will be sent to farms in San Diego and Imperial Counties. The project will add renewable gas injected into the San Diego Gas and Electric pipeline and be used to fuel waste collection fleets. The commingled and source-separated food and green material is currently landfilled at Sycamore and Otay Landfills. The project will result in 775,000 tons of newly diverted food and green material from landfill and a reduction of over Packet Pg. 441 Attachment: ^Attachment I - ORG7 Project Summaries (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Attachment I: Project Summaries for Organics Grant Program Fiscal Year 2021-22 and 2022-23
300,000 MTCO2e of greenhouse gas emissions over ten years, and create an estimated eight permanent jobs targeting priority populations.
• Applicant: University of California, Davis
• County: Yolo
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $4,769,324
• Estimated GHGs (MTCO2e) over ten years: 18,000
• Estimated Diversion (Tons) over ten years: 75,000
UC Davis proposes to expand its Renewable Energy Anaerobic Digester facility. The facility improvements will consist of upgraded feedstock processing equipment and the installation of a gas engine generator. The food and green material are currently landfilled at Yolo County Landfill. The project will result in 75,000 tons of newly diverted food material from landfill and a reduction of 18,000 MTCO2e of greenhouse gas emissions over ten years. The project will also produce green, carbonnegative electricity for use in campus electric vehicles and electric buses, which serves the campus and surrounding community, including grade-school students, low-income residents, disabled persons, and older adults.
Compost
• Applicant: Anderson Landfill, Inc.
• County: Shasta
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $10,000,000
• Estimated GHGs (MTCO2e) over ten years: 30,000
• Estimated Diversion (Tons) over ten years: 122,000
Anderson Landfill, Inc. proposes to construct and operate a new windrow composting operation at Anderson Landfill. The newly constructed facility will have an initial throughput capacity of approximately 68,000 tons per year. The food and yard material are currently landfilled at Anderson Landfill which is located in a low-income community. The project will result in 122,000 tons of newly diverted food and green material from landfill and a reduction of 30,000 MTCO2e of greenhouse gas emissions over ten years. In addition, the facility will dedicate part of their landfill as wildlife habitat, provide financial support for various community centers, and provide an estimated eight new full-time jobs targeting a priority population.
• Applicant: California Wood Recycling dba Agromin
• County: Ventura
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $10,000,000
• Estimated GHGs (MTCO2e) over ten years: 147,000
• Estimated Diversion (Tons) over ten years: 681,000
California Wood Recycling dba Agromin proposes to expand its existing composting facility in Santa Paula. The Limoneira site will utilize a covered aerated static pile composting system to divert an additional 68,125 tons per year of food and green material from landfill. The green and food material is currently landfilled at Simi Valley Landfill, Toland Road Landfill, or Lost Hills Landfill. The project will result in 681,000 tons of newly diverted food and green material from landfill and a reduction of Packet Pg. 442 Attachment: ^Attachment I - ORG7 Project Summaries (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Attachment I: Project Summaries for Organics Grant Program Fiscal Year 2021-22 and 2022-23
147,000 MTCO2e of greenhouse gas emissions over ten years. In addition, the project will provide 26 jobs targeting a priority population, support community projects with free compost, and provide funds for the Santa Paula Sports Park rehabilitation project. • Applicant: Forward, Inc.
• County: San Joaquin
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $5,167,510
• Estimated GHGs (MTCO2e) over ten years: 102,000
• Estimated Diversion (Tons) over ten years: 467,000
Forward, Inc. proposes to expand their existing composting facility by adding an aerated static pile composting system that can process an additional 200 tons of organics per day. The green and food material is currently landfilled at Forward, Inc. Landfill or Austin Road Landfill, with Forward, Inc.
Landfill located in a disadvantaged community. The project will result in 467,000 tons of newly diverted food and green material from landfill and a reduction of 102,000 MTCO2e of greenhouse gas emissions over ten years. The project will provide free compost to the community, support the Edible Schoolyard Community Farm Project, and provide three full time permanent jobs targeting a priority population.
• Applicant: Kern County
• County: Kern
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $10,000,000
• Estimated GHGs (MTCO2e) over ten years: 247,000
• Estimated Diversion (Tons) over ten years: 831,000
Kern County Public Works proposes to construct a covered aerated static pile composting system at its facility located at the Shafter Wasco Sanitary Landfill. Grant-funded equipment includes an excavator, conveyer, shredder, screen and other pre-processing equipment, and a covered aerated static pile bunker system. The green and food material is currently landfilled at Shafter-Wasco Landfill, Mojave-Rosamond Sanitary Landfill, Bena Sanitary Landfill, or Ridgecrest Recycling and Sanitary Landfill, with Shafter-Wasco Landfill located in a disadvantaged community. The project will increase composting capacity by 100,000 tons per year and result in 831,000 tons of newly diverted food and green material from landfill and a reduction of 247,000 MTCO2e of greenhouse gas emissions over ten years. It will also provide free compost for expanding tree and green zones in Kern County, and hire an estimated six new full-time permanent jobs targeting a priority population. • Applicant: Northern Recycling, LLC
• County: Yolo
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $10,000,000
• Estimated GHGs (MTCO2e) over ten years: 114,000
• Estimated Diversion (Tons) over ten years: 330,000
Northern Recycling, LLC proposes to expand a covered aerated static pile composting facility located at Yolo County Central Landfill. Grant funds will be used for a composting aeration system, working pads, and equipment to screen and sort food and green material. The green and food material is currently landfilled at Forward Landfill, Kiefer Road Landfill, Lockwood Landfill, Potrero Hills Landfill, Packet Pg. 443 Attachment: ^Attachment I - ORG7 Project Summaries (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Attachment I: Project Summaries for Organics Grant Program Fiscal Year 2021-22 and 2022-23
Neal Road Landfill, or Keller Canyon. The project will divert an additional 32,970 tons per year of food and local communities’ green material from landfills. The project will result in 330,000 tons of newly diverted food and green material from landfill and a reduction of 114,000 MTCO2e of greenhouse gas emissions over ten years. In addition, the project will reduce pesticide and groundwater use in the surrounding agriculture community, support edible food recovery, and provide an estimated seven new full-time permanent jobs targeting a priority population. • Applicant: Riverside County
• County: Riverside
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $1,288,470
• Estimated GHGs (MTCO2e) over ten years: 9,000
• Estimated Diversion (Tons) over ten years: 59,000
Riverside County proposes to construct a new windrow composting facility and purchase a loader and a water tank, for the newly operational Badlands Compost Facility. The source-separated food and green material is currently landfilled at the Badlands Landfill which is located in a disadvantaged community. The project will result in 59,000 tons of newly diverted green material from landfill and a reduction of 9,000 MTCO2e of greenhouse gas emissions over ten years. In addition, the project will provide free compost for use in the local community, and an estimated two jobs targeting a priority population.
• Applicant: Western Placer Waste Management Authority
• County: Placer
• Provides Benefits to Priority Populations: No
• Grant Funds Recommended for Award: $9,960,379
• Estimated GHGs (MTCO2e) over ten years: 296,000
• Estimated Diversion (Tons) over ten years: 1,259,000
Western Placer Waste Management Authority proposes to construct a new aerated static pile composting facility and increase capacity to process food and green material. Additionally, grant funds will purchase equipment, including a grinder, stacker, conveyer, magnet, screens, and blowers.
The green and food material is currently landfilled at the Western Regional Sanitary Landfill. The project will result in 1,259,000 tons of newly diverted food and green material from landfill and a reduction of 296,000 MTCO2e of greenhouse gas emissions over ten years.
In-Vessel
• Applicant: California State University, Sacramento
• County: Sacramento
• Provides Benefits to Priority Populations: No
• Grant Funds Recommended for Award: $179,618
• Estimated GHGs (MTCO2e) over ten years: 345
• Estimated Diversion (Tons) over ten years: 958
Sacramento State University proposes to replace an organics compactor located at the Dining Commons with an in-vessel composting system. This will eliminate the need for the waste hauler to provide service for the compactor, which will reduce emissions associated with waste transportation.
Packet Pg. 444 Attachment: ^Attachment I - ORG7 Project Summaries (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Attachment I: Project Summaries for Organics Grant Program Fiscal Year 2021-22 and 2022-23
In addition, the food material will be composted on-site instead of being sent to Yolo County Landfill.
The compost will be used to fertilize campus lawns at Sacramento State by Grounds and Landscape Services and donated to Sacramento City Unified School District school gardens. The project will result in 958 tons of newly diverted food material from landfill and a reduction of 345 MTCO2e of greenhouse gas emissions over ten years.
• Applicant: DSM Group, LLC
• County: Sacramento
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $341,367
• Estimated GHGs (MTCO2e) over ten years: 41
• Estimated Diversion (Tons) over ten years: 260
DSM Group proposes to purchase an in-vessel composter to divert green material from cannabis production. Grant funds will also be used to purchase a bobcat skid steer loader with compost mixer, a compost bagger, and a woodchipper. The project will divert green material from the L and D Landfill located in a disadvantaged community. The project will result in 260 tons of newly diverted green material from landfill and a reduction of 41 MTCO2e of greenhouse gas emissions over ten years. • Applicant: Foodbank of Santa Barbara - Goleta
• County: Santa Barbara
• Provides Benefits to Priority Populations: No
• Grant Funds Recommended for Award: $500,000
• Estimated GHGs (MTCO2e) over ten years: 109
• Estimated Diversion (Tons) over ten years: 301
The Foodbank of Santa Barbara County proposes to install an in-vessel composter at their Goleta warehouse. The project will divert pre-consumer inedible food material from the Tajiguas Landfill located in Goleta. The composter will transform food material into compost that can be shared with the community. The project will result in 301 tons of newly diverted food material from landfill and a reduction of 109 MTCO2e of greenhouse gas emissions over ten years. • Applicant: Foodbank of Santa Barbara - Santa Maria
• County: Santa Barbara
• Provides Benefits to Priority Populations: Yes
• Grant Funds Recommended for Award: $500,000
• Estimated GHGs (MTCO2e) over ten years: 116
• Estimated Diversion (Tons) over ten years: 321
The Foodbank of Santa Barbara County proposes to install an in-vessel composter at their Santa Maria warehouse. The project will divert pre-consumer inedible food material from the Santa Maria Regional Landfill located in a low-income community. The composter will transform the food material into compost that can be shared with the community. The project will result in 321 tons of newly diverted food material from landfill and a reduction of 116 MTCO2e of greenhouse gas emissions over ten years. In addition, the project will provide free compost for use in the local community. • Applicant: University of Southern California
• County: Los Angeles
• Provides Benefits to Priority Populations: Yes
Packet Pg. 445 Attachment: ^Attachment I - ORG7 Project Summaries (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
Attachment I: Project Summaries for Organics Grant Program Fiscal Year 2021-22 and 2022-23
• Grant Funds Recommended for Award: $116,000
• Estimated GHGs (MTCO2e) over ten years: 168
• Estimated Diversion (Tons) over ten years: 530
University of Southern California proposes to purchase an in-vessel composting system and hydraulic lift to be added to the LA Memorial Coliseum grounds by the University of Southern California. The invessel composter will be used for non-event days to capture food and green material produced onsite, diverting this material from the Sunshine Canyon Landfill. The project is located in a disadvantaged community and will reduce the environmental and health impacts of transportation the food and green material. The compost produced will be used to improve and expand landscaping and support other compost projects on site and the University of Southern California. The project will result in 530 tons of food and green material from landfill and a reduction of 168 MTCO2e of greenhouse gas emissions over ten years.
Packet Pg. 446 Attachment: ^Attachment I - ORG7 Project Summaries (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
SERVICES AGREEMENT
† Information collected on this form is used in accordance with PG&E’s Privacy Policy. Page 1 of 7 The Privacy Policy is available at pge.com/privacy. Form No. 79-1209 Advice 4366-G
Automated Documents, Preliminary Statement, Part A January 2021 This SERVICES AGREEMENT (the "Agreement") is made and entered into as of the latest signature date in the signature block of this Agreement ("Effective Date") by and between Pacific Gas and Electric Company, a California corporation ("Utility"), and ___________________________________________________________ (the "Company").
RECITALS
WHEREAS, Utility is a public utility regulated by the California Public Utilities Commission ("CPUC") providing gas service to end-use customers within California.
WHEREAS, the Company is a sponsor of a renewable gas project and/or has an interest in Utility's ability to receive and redeliver additional renewable gas supplies on its gas utility system.
WHEREAS, the Company desires to explore a Utility interconnection, and the Utility agrees to perform services with respect thereto (the "Services"), all upon the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein the parties agree as follows:
SECTION 1 - SERVICES
1.1. Retention. Company hereby retains Utility to provide the Services, upon the terms and conditions set forth in this Agreement.
1.2. Scope of Services. The Services to be performed by Utility shall consist of the following tasks to this Agreement, including (check all that apply), as detailed in the applicable Attachment:
• Attachment A - Interconnection Screening Study ( ),
• Attachment A1 - Preliminary Engineering Study ( ),
• Attachment A2 - Detailed Engineering Study with Optional Long Lead Material Procurement ( ),
• Attachment - A3 Pipeline Blending Exception Study ( ) Packet Pg. 447 Attachment: ^PG&E Agreement and Attachment A1 (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
SERVICES AGREEMENT
Automated Documents, Preliminary Statement, Part A Page 2 of 7 Form No. 79-1209
Advice 4366-G
January 2021
Unless Company has in place as of the Effective Date a valid and effective Interconnection Screening Study, the parties must (a) execute, and each party must satisfy its obligations with respect to Attachment A before Company can contract for Attachment A1, and (b) execute Attachment A1 before or concurrent with Company's contracting for Attachment A2. Further, (x) Company may execute Attachment A3 at any time after the parties have executed an Attachment A providing Company funding for an Interconnector Screening Study consistent with Attachment A3 Services, and (y) the parties must enter into a Confidentiality Agreement, the form of which is attached hereto as Attachment B, prior to Utility performing any Services pursuant to this Agreement. Each Attachment only becomes effective upon execution by both Company andUtility. No construction work shall be included or done pursuant to this Agreement.
1.3. Term. This Agreement shall be effective on the Effective Date and shall continue in full force and effect until the completion of the all Services selected under Section 1.2 above.
SECTION 2 - COMPENSATION AND EXPENSES
2.1. Compensation. An estimate of Utility's fees and all other applicable costs to be billed by Utility to Company under this Agreement are set forth in each applicable Attachment to this Agreement. In any event, Company shall be liable for the actual costs of the Services, which may be higher than the estimated costs. Actual costs shall include the actual Services rendered and all related costs incurred, and shall include permit or other fees or charges, procurement, indirect costs and overheads, carrying costs, and any related income or other tax liability thereon.
2.2. Payment. Upon execution of this Agreement, Attachment A, and Attachment B (Confidentiality Agreement), Company shall make payment to Pacific Gas and Electric Company for the Services in the amount specified in Attachment A within thirty (30) days. Upon execution of any additional Attachment (as further described in Section
1.2), Company shall make payment to Pacific Gas and Electric Company for Services in the amount specified in such Attachment(s) within thirty (30) days. Any amount billed by Utility to Company subsequent to the initial payment shall be paid by Company within twenty (20) days after receipt of Utility's invoice to the address set forth in Section 8 below.
2.3. Change Orders. Any change to the Services shall be in writing (a "Change Order") and signed by Company and Utility. If Company issues any request for a change in the Scope of the Services or the time of completion of the Services beyond those tasks described in the Services and not identified as a Change Order, but which Utility considers to be a Change Order, then Utility shall notify Company in writing and the parties shall mutually decide whether such a change in the Services or the time of completion of the Services constitutes a Change Order, which increases or decreases the Scope of the Services and increases or decreases the cost to Utility of performing the Services. If Utility issues a Change Order that results in an increase or decrease in the cost of the Services, then an adjustment shall be made to the total compensation Packet Pg. 448 Attachment: ^PG&E Agreement and Attachment A1 (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
SERVICES AGREEMENT
Automated Documents, Preliminary Statement, Part A Page 3 of 7 Form No. 79-1209
Advice 4366-G
January 2021
and/or the time of completion of the Services. All written Change Orders shall become a part of this Agreement. Utility may refrain from any additional work until Company has paid such additional amount as set forth above.
2.4. Payroll Taxes. Social security, federal, and other applicable taxes shall not be withheld from payments made to Utility.
SECTION 3 - INFORMATION AND OWNERSHIP
3.1. Confidential Information. During the term of this Agreement, either party may have access to and become acquainted with confidential information and trade and business secrets of the other. Treatment of this information by both parties is set forth in the Confidentiality Agreement, the form of which is attached hereto and incorporated herein as Attachment B of this Agreement (the "Confidentiality Agreement").
3.2. Ownership and Use; Limits on Liability. Notwithstanding the above, any and all material and information prepared, accumulated or developed by Utility, any subcontractor or their respective employees, including, without limitation, documents, drawings, designs, calculations, maps, plans, workplans, text, filings, estimates, manifests, certificates, books, specifications, sketches, notes, reports, summaries, analyses, data models and samples (hereinafter, collectively "Work Product"), shall remain the property of Utility when prepared or in process, whether or not delivered to Company. Utility hereby grants to Company an unrestricted royalty-free license to use, copy, and distribute any Work Product furnished by Utility to Company under this Agreement, subject to the terms specified in the Confidentiality Agreement. The Work Product provided by Utility hereunder is intended to meet or exceed all generally accepted industry standards for this type of work; however, except as may otherwise be set forth in the applicable Attachment(s), Utility makes no warranty or representation about the fitness, suitability, reliability, availability, timeliness or accuracy of Work Product or Services for any purpose. The Work Product will be done using information and assumptions at one point of time and which are subject to change at any time that could change the results or analysis reflected in Work Product. Estimates of costs may not cover all environmental costs or other unforeseen costs, or costs resulting from changes to laws, rules and regulations governing the Services herein. Therefore, except as may otherwise be set forth in the applicable Attachment(s), Utility does not warrant the Services or Work Product for any use and specifically disclaims any liability for any subsequent use of the Work Product, or any part thereof, by Company. Except as may otherwise be set forth in the applicable Attachment(s), no warranty of any kind is or will be included as part of the Services and all express and implied warranties, including any warranties of merchantability, and/or fitness for a particular purpose are specifically disclaimed. With the exception of claims solely arising from the gross negligence or intentional misconduct by Utility that occurs while performing the Services, Company will not hold Utility liable or responsible in any way for any losses, damages, claims, costs, expenses or other obligations it incurs, or may incur, arising out of or related to Company's use of, or reliance on, any part of the Services, Work Product or other information provided by Utility hereunder.
Packet Pg. 449 Attachment: ^PG&E Agreement and Attachment A1 (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
SERVICES AGREEMENT
Automated Documents, Preliminary Statement, Part A Page 4 of 7 Form No. 79-1209
Advice 4366-G
January 2021
SECTION 4 - STATUS
The relationship between Utility and Company hereunder is and at all times during the term of this Agreement shall be that of independent entities. Nothing contained in this Agreement shall be construed to create a relationship of principal and agent, employer and employee, partnership or joint venture between theparties.
SECTION 5 - ATTORNEYS' FEES
Should any dispute arise regarding any term or provision of this Agreement or enforcement of any rights hereunder, or to collect any portion of the amount payable under this Agreement, then all litigation and collection expenses, witness fees, court costs and attorneys' fees shall be paid by the losing party to the prevailing party.
SECTION 6 - SUPERVISION AND COORDINATION
During the term of this Agreement, each party shall appoint a representative who will be authorized, empowered and available to act for and on behalf of each to implement the terms and conditions of this Agreement.
SECTION 7 - DISPUTES
Any dispute or need for interpretation arising out of this Agreement which cannot be resolved after a reasonable period of time of good faith negotiation may be submitted to the CPUC for resolution.
SECTION 8 - NOTICES
Any notice, demand, or request required or authorized in connection with this Agreement shall be deemed properly and duly given when sent by electronic mail as specified below:
If to Company:
E-mail Address:
If to Utility:
E-mail Address:
In addition to the notice specified above, notice may also be provided by telephone or e-mail to the telephone numbers and e-mail addresses for the representative appointed pursuant to Packet Pg. 450 Attachment: ^PG&E Agreement and Attachment A1 (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
SERVICES AGREEMENT
Automated Documents, Preliminary Statement, Part A Page 5 of 7 Form No. 79-1209
Advice 4366-G
January 2021
Section 6 above set out below, but must be immediately followed up by a written notice sent pursuant to the first paragraph of this Section 8:
If to Company:
Telephone Numbers:
E-mail Address:
If to Utility:
Telephone Numbers:
E-mail Address:
Either party may change the notice information in this Section 8 by giving notice within five (5) business days prior to the effective date of the change.
SECTION 9 - SUCCESSORS AND ASSIGNS
This Agreement may be not be assigned by either party without the written consent of the other party. Consent to assignment will not be unreasonably withheld, conditioned or delayed.
Company shall have the right to assign this Agreement, without the consent of Utility, for collateral security purposes to aid in providing financing its renewable gas project. Company will promptly notify Utility of any such assignment for collateral security purposes. Any assignment for collateral purposes entered into by Company shall require that upon any exercise of remedies by the financing party, the entity substituted for Company shall have an equal or greater credit rating as Company and have the legal authority and operational ability to satisfy the obligations of Company under this Agreement.
Either party shall have the right to assign this Agreement, without the consent of the other Party, when the assignment is to a successor, representative, or assignee which shall succeed by purchase, merger, corporate reorganization/restructuring or consolidation to all or substantially all of the assets of the assigning party.
Assignment shall not relieve the assignor of its obligations under this Agreement for the period before the assignment becomes effective, nor shall the non-assigning party's obligations be enlarged, in whole or in part, by reason of the assignment. At the time the assignment becomes effective, the assignee shall become a party to this Agreement and shall undertake all rights and responsibilities under this Agreement.
Packet Pg. 451 Attachment: ^PG&E Agreement and Attachment A1 (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
SERVICES AGREEMENT
Automated Documents, Preliminary Statement, Part A Page 6 of 7 Form No. 79-1209
Advice 4366-G
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Any attempted assignment that violates any of the requirements of this Section 9 is void and ineffective.
SECTION 10 - APPLICABLE LAW
The provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of California, without giving effect to its choice of law provisions.
SECTION 11 - WAIVERS
The failure or delay of either party to exercise or enforce at any time any of the provisions of this Agreement shall not constitute or be deemed a waiver of that party's right thereafter to enforce each and every provision of the Agreement and shall not otherwise affect the validity of this Agreement.
SECTION 12 - SEVERABILITY
If any provision of this Agreement is finally determined to be contrary to, prohibited by, or invalid under applicable laws or regulations, such provision shall become inapplicable and shall be deemed omitted from this Agreement. Such determination shall not, however, in any way invalidate the remaining provisions of thisAgreement.
SECTION 13 - ENTIRE AGREEMENT ANDAMENDMENTS
This Agreement and its Attachments constitute the entire understanding and agreement between the parties relating to the subject matter hereof and supersedes any prior written or oral understanding or agreement between the parties relating to the subject matter hereof.
This Agreement shall not be amended, altered, or supplemented in any way except by an instrument in writing, signed by the duly authorized representative of the parties that expressly references this Agreement.
Packet Pg. 452 Attachment: ^PG&E Agreement and Attachment A1 (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
SERVICES AGREEMENT
Automated Documents, Preliminary Statement, Part A Page 7 of 7 Form No. 79-1209
Advice 4366-G
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IN WITNESS WHEREOF, the parties have executed this Agreement as of Effective Date.
Pacific Gas and Electric Company
Company Name
Signature Signature
Print Name Print Name
Title Title
Date Date
Packet Pg. 453 Attachment: ^PG&E Agreement and Attachment A1 (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
PRELIMINARY ENGINEERING STUDY -
ATTACHMENT A-1
† Information collected on this form is used in accordance with PG&E’s Privacy Policy. Page 1 of 2 The Privacy Policy is available at pge.com/privacy. Form No. 79-1209A-1, Attachment A-1 Advice 4366-G
Automated Documents, Preliminary Statement, Part A January 2021 Utility will provide the Company with a report that provides a Preliminary Engineering Study ("PES") requested by the Company for construction of necessary facilities as described below (the "Services") following completion of an Interconnection Screening Study for the same location and less than or equal to the maximum volume / flow rate that will be the basis for this PES.
Utility proposes to analyze the impact on its gas transmission system of receiving minimum, average and maximum,
respectively, thousand Standard cubic feet per day (MScfd) on a 1/24th ratable hourly basis of new supply at ____________________________________________________, California, on a ( ) Displacement and/or an ( ) Expansion Receipt Point Capacity basis and identify any system improvements necessary to accept this newsupply.
The cost estimate calculated by Utility will include, but not be limited to, land acquisition, site development, right-of-way, metering, gas quality, permitting, regulatory, environmental, unusual construction costs, and, if applicable, operating and maintenance costs for any facility improvements, accurate to +100% / -50% based on a site visit and route evaluation for the Company's project. The findings and estimate will not constitute a proposal by Utility. Utility will not have performed a specific site or route evaluation forthe Company's project in the development of this estimate. Other service costs associated with construction of the Interconnector's Facility that are not part of already offered services could include, but not be limited to, engineering, consulting, contracting, construction costs, and environmental studies.
Utility's construction costs continue to rise with increasing costs of labor and materials.
Since the PES is developed using average historical project cost data, it is highly likely that the actual construction costs for the Company's particular project will vary significantly from the PES. Utility urges the Company to retain the services of a thirdparty engineering construction firm or enter into a Detailed Engineering Study with Utility to develop a more accurate construction cost estimate for this specific project.
Because of the exclusions and limitations of this initial review, Utility does not recommend that the Company use the PES for any other purpose, including any substantive planning or other decisions regarding the cost or viability of its project, except to further evaluate Company's project via a Utility Detailed Engineering Study.
Any use by the Company is solely at its own risk and should factor in the above risks and limitations.
A report that summarizes the results of Utility's analyses, identifies the study parameters, assumptions, limitations and the estimated construction costs of any facility improvements, evaluates whether the Interconnection Screening Study identified Packet Pg. 454 Attachment: ^PG&E Agreement and Attachment A1 (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso)
PRELIMINARY ENGINEERING STUDY -
ATTACHMENT A-1
Automated Documents, Preliminary Statement, Part A Page 2 of 2 Form No. 79-1209A-1, Attachment A-1
Advice 4366-G
January 2021
pipeline system has sufficient physical Takeaway Capacity tosafely accommodate Company's specified maximum volume/flow rate on a ratable 1/24th hourly basis, Utility pipeline routing recommendation using Utility's rights-of-way, identification of the then current maximum allowable operating pressure and, if available, the operating pressures of the Utility's receiving pipeline system and potential pipeline route obstructions as determined by the Utility's physical observations will be provided to the Company.
The estimated cost to perform the Services is $ ________________________________.
Utility will complete the analysis within ____________________________ business days after receipt and Utility posting ofpayment.
Payment in full of the estimated cost of the Services is required upon execution of an Attachment A1 to proceed with the analysis. The Company will be responsible forthe actual costs of the Services; to this end, an invoice or refund will be issued to the Company at the completion forany difference between the actual costs and this estimate.
Capitalized terms used but not defined in this Attachment have the meaning ascribed to them in Utility's Tariff Rule No. 29.
Accepted and agreed to by their respective authorized representatives:
Pacific Gas and Electric Company
Company Name
Signature Signature
Print Name Print Name
Title Title
Date Date
Packet Pg. 455 Attachment: ^PG&E Agreement and Attachment A1 (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO) and adopt Budget Reso) aEsoLUTzo v No. Za22- aol
A RESOLUTION C} F THE CITY COUNCIL F T IE CITY OF REDDING AUTHORIZING SUBMITTAL 4F APPLICATIC? N(S) Ft3R ALL
CALRECYCLE +GRANTS F4R WHICH THE CITY OF REDDING IS
ELIGIBLE
WHEREAS, Public Resources Code sections 4$ 000 et seq. authorize the Department of Resources Recyeling and Recovery ( CalRecycle) to administer various grant programs { grants) in furtherance of the State of CaLifornia' s { State} effarts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capaeity and protecting public health and safety, and the environment; and
WHEREAS, in furtherance ofthis authority CalRecycle is required ta establish procedures governing the applieation, awarding, and management ofthe grants; and WHEREAS, CalRecyele grant applicatian procedures require, amang other tl ings, an applicant' s governing body to deelare by resolution certain authorizations related to the administration of CalRecycle grants;
NOW, THEREFQRE, the City Council RESC} LVES as follows:
1. To authorize the submittal flf application o CalRecycle for all grants far which the City of Redding is eligible; and
2. To authorize the City Manager, or designee, to execute in the name of the City of Redding al1 grant documents, including but not limited ta, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
3. To adopt these autharizations as effective for 5 years from the date of adoption of this resolution, until January 18, 2027.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 18th day af January, 2022, and was duly adopted at said meeting by the fallowing vote:
AYES: Councii Members - Dacquista, Mezzano, Resner, Winter, and Schreder NOES: Council Members - None
ABSTAIN: ouncii Members - None
ABSENT. Council Members— None
Y~
F _. r
R`ISTEN SC EDER, Mayor
ATTEST: APPR{JVED AS Tt? FORM:
PAMELA MIZE, Ci Clerk BARRY E. e ALT, ity A torney
Packet Pg. 456 Attachment: ^Reso 2022-001 - Authorizing Submittal of Application(s) For All CalRecycle Grants (4.11(h)--Accept CalRecycle Grant Funding for Monthly Public Meeting
10:00 A.M., December 19, 2023
Cal/EPA Building – Byron Sher Auditorium
Via Webcast
A. DIRECTOR’S REPORT
Presentations or discussions by the Director and/or Executive Offices regarding department matters, legislative updates, public affairs, or initiatives.
B. POLICY & PROGRAM UPDATE
Action Items
1. SB 1383 Implementation
Consideration of a Technology Determination for H Cycle Pursuant to Article 2 of the SB 1383 Regulations
Department Staff Contact: [email protected] Public Notice
C. GRANT AND LOAN PROGRAMS
Action Items
1. Awards for the Organics Grant Program (Fiscal Years 2021-22 and 2022-23) Department Staff Contact: [email protected] Public Notice
2. Eligibility Criteria and Evaluation Process for the Redemption Innovation Grant Program (California Beverage Container Recycling Fund, Fiscal Year 2022-23) Department Staff Contact: [email protected] Public Notice
3. Eligibility Criteria and Evaluation Process for the Local Conservation Corps SB 1013 Grant Program (SB1013, Fiscal Year 2022-23)
Department Staff Contact: [email protected]
Public Notice
4. Eligibility Criteria and Evaluation Process for the Workforce Development Grant Program (AB 179, Fiscal Year 2022‒23)
Department Staff Contact: [email protected] Public Notice
Packet Pg. 457 Attachment: CalRecycle December 2023 Monthly Public Meeting Agenda Revised (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO)
Information Item
1. Award for the Beverage Container Redemption Pilot Project Grant Program (California Beverage Container Recycling Fund Fiscal Year 2022-23) Department Staff Contact: [email protected] Public Notice
2. Awards for the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program (Farm and Ranch Cleanup Account, Fiscal Year 2023-24) Department Staff Contact: [email protected] Public Notice
3. Awards and Distribution of Payments for the Used Oil Payment Program (Used Oil Recycling Fund, Fiscal Year 2023-24)
Department Staff Contact: [email protected] Public Notice
4. Awards for the Household Hazardous Waste Grant Program (Integrated Waste Management Account, Fiscal Year 2023-24)
Department Staff Contact: [email protected] Public Notice
5. Awards for the Rubberized Pavement Grant Program (Tire Recycling Management Fund, Fiscal Year 2023-24)
Department Staff Contact: [email protected] Public Notice
6. Approval of a Recycling Market Development Zone (RMDZ) Loan in the amount of $3,500,000 for Pinnpack Capital Holdings, a Delaware LLC (Recycling Market Development Revolving Loan Subaccount, Fiscal Year 2023–24).
Department Staff contact: [email protected] Public Notice
Open Applications:
Farm and Ranch Solid Waste Cleanup and Abatement Grant Program Application Due Dates: January 9, 2024 (Cycle 81); April 2, 2024 (Cycle 82) Beverage Container Recycling City/County Payment Program Application Due Date: January 17, 2024
Community Composting for Green Spaces Grant Program
Application Due Date: January 23, 2024
Packet Pg. 458 Attachment: CalRecycle December 2023 Monthly Public Meeting Agenda Revised (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO)
D. POLICY MANDATES/WORKSHOPS/RULEMAKING PROCEEDINGS
Extended Producer Responsibility Program Updates
1. SB 54 Implementation
Department Staff Contact: [email protected]
2. Review of the Drug Takeback Solutions Foundation’s Revised 2022 Annual Report for Covered Drugs
Department Staff Contact: [email protected]
Information Items
1. Consideration of Carpet America Recovery Effort’s Contingency Plan Amendment
Department Staff Contact: [email protected] Public Notice
2. Overview of the 2022 California Waste Tire Market Report Department Staff contact: [email protected] Public Notice
Action Items
1. AB 1201 Bifurcated Collection Determination
Department Staff Contact: [email protected] Public Notice
E. ELECTRONIC WASTE RECYCLING PROGRAM
Information Items
1. 2023 Covered Electronic Waste Net Cost Reporting Requirement Department Staff Contact: [email protected] Public Notice
F. LOCAL ASSISTANCE
Action Items
1. Five-Year Review Report for the Countywide Integrated Waste Management Plan for the County of Alameda
Department Staff Contact: [email protected] Public Notice
Packet Pg. 459 Attachment: CalRecycle December 2023 Monthly Public Meeting Agenda Revised (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO)
G. SOLID WASTE AND TIRE FACILITIES
Action Items
1. City of Claremont Community Services Department, located at 1616 Monte Vista Avenue, Claremont, CA 91711, San Bernardino County, New Solid Waste Facilities Permit, Action Needed January 8, 2024
Department Contact: [email protected]
Public Notice
2. Bee Canyon Greenery, located at 11002 Bee Canyon Access Road, Irvine, CA 92602, Orange County, Revised Compostable Materials Handling Facility Permit, Action Needed December 31, 2023
Department Contact: [email protected]
Public Notice
3. Yolo County Central Landfill, located at 44090 CR 28H, Woodland, CA 95776, Yolo County, Revised Solid Waste Facilities Permit, Action Needed January 19, 2024
Department Contact: [email protected]
Public Notice
4. Otay Mesa Compost Facility, located at 434 Alta Road, San Diego, CA 92154 San Diego County, New Compostable Materials Handling Facility Permit, Action Needed January 20, 2024
Department Contact: [email protected]
Public Notice
5. Mountain View Organic Waste Processing Facility, located at 1641 Mountain View Avenue, Oxnard, CA 93030, Ventura County, Revised Solid Waste Facilities Permit, Action Needed February 3, 2024
Department Contact: [email protected] Public Notice
6. Madison Materials, Inc., located at 1035 East Fourth Street, Santa Ana, CA 92701, Orange County, Modified Solid Waste Facilities Permit, Action Needed February 3, 2024
Department Contact: [email protected]
Public Notice
Packet Pg. 460 Attachment: CalRecycle December 2023 Monthly Public Meeting Agenda Revised (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO)
H. PUBLIC COMMENT
Get involved in CalRecycle’s decision-making process. To more fully engage with Californians on monthly public meeting agenda items, CalRecycle accepts welcomes live public comments in-person or over-the-phone.
_____________________________________________________________________ CalRecycle has a public noticing site to provide interested parties with information about programs, activities, and departmental decisions.
• To review final CalRecycle decisions and other department activities, please go to: CalRecycle.ca.gov/PublicInfo/ or CalRecycle.ca.gov/BevContainer/Notices. • For public meeting participation, listserv, and feedback information, please go to:
CalRecycle.ca.gov/PublicMeeting/
People may speak on any matter concerning CalRecycle with the exception of items related to pending adjudicative (certification or enforcement) proceedings.
Packet Pg. 461 Attachment: CalRecycle December 2023 Monthly Public Meeting Agenda Revised (4.11(h)--Accept CalRecycle Grant Funding for the (RODEO)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the report on tobacco retailing and provide direction to staff regarding next steps.
Fiscal Impact
There is no fiscal impact with accepting the report.
Alternative Action
The City Council (Council) could choose to not accept the report and provide alternate direction to staff.
Background/Analysis
On October 17, 2023, the Tobacco Education Coalition of Shasta County presented to the Council. The presentation included information regarding the history of tobacco enforcement in the County, how kids are targeted, retailer density, youth tobacco use poll data, and public opinion poll data. On that same evening, the Council directed staff to review the information that was provided by the Tobacco Education Coalition and present it at a future council meeting for consideration of potential changes to the City’s Ordinance regarding the density of tobaccoselling businesses.
Staff then began researching what current laws are in place regarding tobacco in California and in neighboring jurisdictions. Staff met with the Shasta County Health and Human Services Tobacco & Obesity Prevention Unit and with the Tobacco Use and Prevention Education Coordinator for the Shasta County Office of Education. They were able to provide information on state laws, other California city’s tobacco regulations, education, and other helpful information related to youth tobacco use.
MEETING DATE: February 6, 2024
ITEM NO. 9.1(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.1(a)--Accept report regarding tobacco retailing.
Jason Gibilisco, Management
Assistant to the City Manager
Packet Pg. 462
Report to Redding City Council January 31, 2024
Re: 9.1(a)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 2 The most recent major California legislation on tobacco is Senate Bill 793 - approved by Governor Newsom on August 28, 2020. California passed Senate Bill 793 prohibiting the sale of most flavored tobacco products. These banned tobacco products include flavored e-cigarettes, menthol cigarettes, flavored little cigars, flavored smokeless tobacco, tobacco flavor enhancers, and other similar flavored tobacco products. The law does not apply to the retail sale of flavored loose-leaf pipe tobacco or flavored premium cigars ($12 or more) and flavored shisha or hookah when sold according to state law. Shortly after passing, a referendum was proposed and qualified for a ballot measure in the November 2022 election. The law was upheld by the voters and went into effect on January 1, 2023.
Other California legislation includes that all tobacco retailers throughout the state must obtain a tobacco retailer license at a current cost of $265 through the California Department of Tax and Fee Administration to sell tobacco and it must be renewed on an annual basis. The minimum age required by state and federal law to purchase tobacco is 21. The state accepts customer complaints and the California Food and Drug Branch conducts random, onsite inspections with a person under the age of 21 to ensure tobacco retailers do not sell to minors. Retailers who violate the minimum age of sale law are subject to criminal and civil penalties in fines ranging from $200 to $1,000. Local enforcement agencies are also authorized to conduct enforcement activities as necessary.
City of Redding
The City of Redding currently does not have an ordinance regulating businesses that sell tobacco or one that controls the density of tobacco retailing in the City and therefore, relies solely on State law. Currently, the City has approximately 98 tobacco retailers per the California Department of Tax and Fee Administration website (which includes grocery stores, pharmacies and other similar retailers). The City’s 2045 Draft General Plan incorporates policy language to reduce the use of tobacco (EJ8K) and considers establishing distance requirements for tobacco retailers from youth-oriented facilities (EJ8L).
The Redding Police Department (RPD) finalized a contract with the Shasta County Health and Human Services to conduct Tobacco Retail Minor Decoy operations. RPD will work with a person under the age of 21 and perform at least five operations per year with 10-12 retailer visits per operation. Decoy operations are planned to begin later this month and expire March of 2026.
Funding for the decoy operations is being provided through a Department of Justice grant.
Grants are made available through the Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) and funds assist local law enforcement agencies by providing grants and tobacco enforcement training.
City of Shasta Lake
The City of Shasta Lake adopted an Interim Zoning Ordinance in August 2023, which requires a Use Permit for tobacco retailing. The City of Shasta Lake has approximately 8 tobacco retailers per the California Department of Tax and Fee Administration website.
City of Anderson
The City of Anderson currently does not have a tobacco ordinance more stringent than State law.
The City of Anderson has approximately 18 tobacco retailers per the California Department of Tax and Fee Administration website.
Packet Pg. 463
Report to Redding City Council January 31, 2024
Re: 9.1(a)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 3 Shasta County
Shasta County currently does not have a tobacco ordinance more stringent than state law. In unincorporated Shasta County, there are approximately 40 tobacco retailers per the California Department of Tax and Fee Administration website.
Other California Cities
The majority of all California Cities that have adopted tobacco regulations, require tobacco retailers to be registered with their respective local government. This requires the tobacco retailer to pay a fee to their respective local government for a license that would be renewed annually.
The fee for the license covers the cost of administration, license program, retailer education, inspection, and compliance checks. Having a tobacco retail license program assists with enforcement at the local level. To aid tobacco retail license programs local governments have adopted various other ordinances to assist in the prevention of youth tobacco use.
Additional ordinances that have been adopted in California include:
• Distance requirements for tobacco retailers such as not being able to operate within 500 feet or 1000 feet of a youth-oriented facility (school, daycare, park, etc); • Distance requirements for tobacco retailers to not be able to operate within 500 feet or 1000 feet of another tobacco retailer;
• Requirements for pharmacies to cease tobacco retailing; • Density limits such as limiting the amount of tobacco retailers to operate in a jurisdiction to one for every 2,500 inhabitants;
• Density limits such as limiting the amount of smoke shops to operate in a jurisdiction to one shop for every 4,000 inhabitants;
• Requiring a use permit through planning in addition to a tobacco retail license; and • Prohibiting smoking at all multifamily residential properties unless outside in a designated smoking area.
The ordinances that are provided in this report are the majority of what California local governments are adopting in their jurisdictions or variations of, to prevent youth tobacco use. If the Council would like to provide staff with specific direction on pursuing any potential ordinances, staff can pursue additional research and report back to Council at a later date. This can include a report on RPDs progress on the Tobacco Retail Minor Decoy Program.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• This is a routine operational item
Packet Pg. 464
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Adopt, by a four-fifths affirmative vote of the City Council, an uncodified Urgency Ordinance, to immediately establish Emergency Housing Site standards for distances between properties, waive the full reading of the ordinance and read the ordinance by title only;
(2) Authorize the City Attorney to prepare, and the City Clerk to publish, the summary ordinance according to law; and
(3) Find that the proposed ordinance is not considered a project under the California Environmental Quality Act.
Fiscal Impact
This amendment to the Redding Municipal Code will not result in any fiscal impact.
Alternative Action
The City Council (Council) could choose to not adopt the Urgency Ordinance. In such a case, City of Redding (City) staff would assist providers with finding properties that meet the current code.
Background/Analysis
The crisis of unsheltered homelessness in the City is one that impacts the entire community, both those experiencing homelessness and the broader community of housed residents, businesses, and neighborhoods. Many of those unable to obtain shelter reside on the streets, in alleys and doorways, along the Sacramento River and its tributaries, and in unlawful encampments throughout the City. These individuals lack adequate sanitary facilities and are at risk from theft, crime, and extreme weather conditions, these conditions threaten the health and safety of the MEETING DATE: February 6, 2024
ITEM NO. 9.2(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.2(c)--Consider Urgency Ordinance to establish distance between emergency housing sites within the City of Redding.
Steve Bade, Assistant City
Manager
Packet Pg. 465
Report to Redding City Council February 1, 2024
Re: 9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites Page 2
unsheltered population and likewise threaten the public health and safety of the public at large, contribute to a draw on public resources, and threaten the environmental health of the City’s waterways. As such, at the June 15, 2021 regular Council meeting, the Council adopted Resolution 2021-077 declaring a shelter crisis pursuant to the California Shelter Crisis Law (Government Code Section 8698 et seq.).
With the declaration of a shelter crisis, the City may enact the provisions of Redding Municipal Code (RMC) Section 18.17.020, which when enacted along with portions of Title 16, will allow organizations within the City to request approval from the Council to set up and operate an Emergency Housing Site (EHS) as defined in the RMC and in Appendix O of the California Building Code. EHSs will provide low barrier, sanitary shelter to homeless persons for up to 10 months. Wrap-around supportive services will be provided to the occupants of an EHS with the goal of moving those individuals into permanent housing.
RMC Section 18.17.020 strictly provides for a minimum distance of one-half mile between proposed EHSs and amending it will allow Council the flexibility to approve sites closer than what the current regulation allows. Pursuant to Government Code Section 36937, adoption of an Urgency Ordinance (amendment of RMC Section 18.17.020) requires the affirmative vote of four-fifths of the City Council. If adopted, the ordinance will become effective at 12:01 a.m.
February 7, 2024.
Environmental Review
The passage of the proposed ordinance is not a “project” according to the definition under the California Environmental Quality Act guidelines and, therefore, is not subject to the provisions requiring environmental review.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Draft New Ordinance
^Draft Strike Out Ordinance
Packet Pg. 466
DRAFT NEW ORDINANCE
ORDINANCE NO. ______
AN URGENCY ORDINANCE OF THE CITY OF REDDING AMENDING
TITLE 18 (ZONING), CHAPTER 18.17 (TEMPORARY USE PERMITS), BY AMENDING SECTION 18.17.020 (TEMPORARY USES EXEMPT
FROM PERMITS) RELATING TO AMENDMENT OF DISTANCE
REQUIREMENTS BETWEEN EMERGENCY HOUSING SITES
WHEREAS, Government Code section 36937 provides that a city council may adopt an interim (“urgency”) ordinance by a 4/5ths vote of the council in order to secure the immediate preservation of the public peace, health or safety; and
WHEREAS, Government Code section 36934 provides that an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting; WHEREAS, the City Council held a duly noticed public hearing on February 6, 2024, prior to the first reading of this Ordinance;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Findings
The City Council of the City of Redding finds that this ordinance is necessary for the immediate preservation of the public peace, health and safety, and adopts and finds as true and correct the following findings:
1. The strict compliance with State and local standards or laws will prevent and hinder the mitigation of the effects of the shelter crisis.
2. The process for emergency housing sites is reserved entirely for the homeless pursuant to Government Code section 8698.4.
Section 2. Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits), Section
18.17.020 is amended to read as follows:
18.17.020 – Temporary uses exempt from permits.
The following temporary uses are allowed without a use permit subject to meeting any applicable standards and limitations established in the Redding Municipal Code, the limitations specified by this section. The following temporary uses are permitted:
A. Charitable Events, Fundraising, and Community Events. Fundraisers and like charitable events, limited to three days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties and shall not use more than ten percent of the available site parking.
Packet Pg. 467 Attachment: ^Draft New Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) B. Construction Yards and Offices. On-site contractors' construction yards and offices, including manufactured or mobile units, in conjunction with an approved construction project. Yards and offices shall be removed within ten days of receiving an occupancy permit for the project.
C. Emergency Shelters and Activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the City Building Official and Fire Marshal prior to use.
D. Garage and Yard Sales in Residential Zones. Three garage or yard sales in any twelvemonth period, not exceeding three consecutive days each, shall be deemed a use incidental to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones.
E. Outside Displays/Seasonal and Other Sales. The temporary outdoor display/sales of merchandise in conjunction with a lawful business on the premises not exceeding four consecutive days or a total of sixteen days in any calendar year. The sales area may not reduce available parking by more than ten percent. A site development permit is required to exceed these standards. Tents are specifically excluded from this exemption.
F. Public Property. Events which are to be conducted on public property with the approval of the City, not exceeding three days in duration, subject to the findings required by Section
8.17.070.
G. Model Home Real Estate Sales Offices. Real estate sales offices within model homes in new residential developments.
H. Seasonal Sales Lots. Seasonal sales of Christmas trees and pumpkins on nonresidential properties, including temporary security trailers for a period not exceeding forty-five days.
I. Similar Temporary Uses. Similar temporary uses which, in the opinion of the Director, do not require a use permit and are compatible with the zoning district and surrounding land uses.
J. Mobile Medical. A special purpose commercial coach that provides medical, diagnostic and treatment services that is parked on private property subject to the land use regulations of the City shall comply with the following conditions and requirements:
1. Shall be licensed per the State of California Health and Safety Code.
2. Mobile Medical units shall not be operated from the public right of way and shall be located on a parcel meeting at least one of the following criteria; a. In zoning districts that allow clinics as a permitted use. b. In residential districts, in conjunction with health fairs, pediatric health screenings, school physicals, oral health services, limited to non-residential Packet Pg. 468 Attachment: ^Draft New Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) properties such as churches and schools and limited to twelve days per property per year.
c. As an accessory use to an existing treatment facility, clinic, shelter, or hospital.
d. As a transitional use where a clinic is proposed and under review by the City of Redding.
3. Services shall be limited to licensed and accredited oral health preventative services and primary care and preventative health care programs that have an existing collaboration with a local hospital or licensed medical clinic to meet the necessary health care referral needs of the community and patient population being served.
Pain clinics are prohibited.
4. Services shall not be provided without an approved Operational Plan (Plan). A Plan shall be provided by the operator for the review and approval of the Director. At the discretion of the Director, a public meeting may be scheduled for the purposes of collecting input and feedback from neighboring property owners regarding the plan. The Director shall approve, deny, or request modifications to the plan within forty-five days of receipt. The approved plan shall remain active throughout the duration of the operation and all operational requirements covered by the plan shall be complied with at all times. Modifications to the plan may be required at any time by the Director to address negative impacts on the neighboring properties. At a minimum, said plan shall contain provisions addressing the areas outlined below. a. Security and safety - addressing both on- and off-site needs. b. Loitering/trespass/noise control - with specific measures regarding operational controls to minimize, to the extent possible, trespass on private property or the congregation of clients in the vicinity of the facility during hours that services are not provided.
c. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize negative impacts to neighboring properties.
d. Communication and outreach - with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood. The Director shall be provided with the name, cell phone number and email address for the on-site supervisor. e. Litter control - with the objective of providing for the removal of litter attributable to clients within the vicinity of the facility. f. Site plan - that shows the location of the vehicle, setbacks to property lines, parking lots, fire lanes and accessible paths of travel. The vehicle shall avoid blocking fire lanes and accessible paths of travel. To the extent possible, the Packet Pg. 469 Attachment: ^Draft New Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) vehicle shall be located in rear or side yards in existing paved areas. The vehicle shall not be parked in landscaped areas.
g. Duration of operations - limited to no more than two days per site per week, except in cases of transitional uses, disaster relief, health fairs, and other similar cases at the discretion of the Director.
h. Hours of operation - shall generally be limited to 8:00 a.m. to 4:00 p.m.
Special events such as blood drives and health fairs may be allowed beyond these hours at the discretion of the Director.
5. Appeal of the determination to deny the approval of a plan or to contest the imposition of a permit requirement imposed after approval of a plan shall be made in accordance with the procedures set forth in Chapter 18.11(Common Procedures) set forth in this title.
K. Food Trucks. Commercial vehicles parked on private property from which operators sell prepared food and beverages to the public (hereafter "food trucks") shall comply with the following conditions and requirements:
1. Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Shasta County Environmental Health Division, and operators shall possess a valid City of Redding business license.
2. Food trucks shall be permitted only in zoning districts that allow full service restaurants either as a permitted use or with Director approval of a site development permit.
3. Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semipublic uses.
4. Food trucks shall not operate for more than three hours per site per day, but may park on said sites for up to one hour prior to operating and up to one hour after ceasing daily operations.
5. Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces.
6. Food trucks shall only operate between 7:00 a.m. and 12:00 a.m., except on sites which abut Residential districts, in which case they shall only operate between 8:00 a.m. and 10:00 p.m.
7. Food trucks shall maintain trash receptacles on-site and pick up any trash left onsite prior to ceasing daily operations.
L. Food Concessions. Food concessions, including hot dog stands, may be permitted when located adjacent to an existing retail building.
Packet Pg. 470 Attachment: ^Draft New Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) M. Declaration of a Shelter Crisis. An Emergency Housing Facility is a facility approved by the City Council which provides short-term, temporary shelter to not more than thirty individuals using Emergency Sleeping Cabins and must conform to the definitions for Emergency Housing Site and Emergency Housing Facilities, as defined by Appendix O of the California Building Code and Appendix X of the California Residential Code.
1. No person shall operate an Emergency Housing Site unless the City Council has declared the existence of a shelter crisis under the Shelter Crisis Law (Gov. Code sections 8698-8698.4) and issued a permit for an Emergency Housing Site.
2. Emergency Housing Sites must adhere to the Administrative Guidelines as adopted by resolution of the City Council.
a. Emergency Housing Sites are not authorized or restricted in any particular zoning within the City limits, but must satisfy the following criteria:
1. Be situated more than five hundred feet, measured from property line to the exterior perimeter of a permitted Emergency Housing Site and from any of the following: licensed childcare center; a school providing instruction in kindergarten or any grade one through twelve, inclusive, public park, public library or youth-oriented facility as defined in Redding Municipal Code Section 6.12.010; and
2. Be situated not less than one-half mile, measured from property line to the exterior perimeter of any other Emergency Housing Site, unless otherwise approved by the City Council.
3. Emergency Housing Sites shall be subject to the following conditions:
a. Setbacks. Emergency Sleeping Cabins must be set back a minimum of five feet from all lot lines, and ten feet from all other temporary or permanent structures.
b. Screening. Emergency Housing Sites must provide screening, as determined by the City, so that the viewshed from adjacent public or private property is minimized.
c. Paving. All surfaces within the footprint of the Emergency Housing Site must have a hard surface consisting of asphalt concrete paving, concrete, masonry block or other similar material unless otherwise specifically approved by the City Council.
d. Potable water. The operator of the Emergency Housing Site must provide potable water for all occupants.
e. Hours of operation and quiet hours. The Emergency Housing Site must always be accessible for registered occupants. Regular hours for occupant intake and discharge must be posted. The Emergency Housing Site manager shall enforce quiet hours between 10:00 p.m. and 6:00 a.m.
Packet Pg. 471 Attachment: ^Draft New Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) f. On-site personnel. A manager must be on-site when occupants are present and during normal operating hours. The manager's area shall be located near the primary entrance to the facility. The manager's name, telephone number, and e-mail address must be posted and easily visible to the public.
Notwithstanding the above, an Emergency Housing Site, accommodating six persons or less, may recommend alternative on-site management criteria.
g. Lighting. Pedestrian pathways and parking lots must be well lit. Lighting must be designed, located, or screened so that it is not directly visible from any participant's shelter unit. Any illumination must not produce glare or reflection for occupants of neighboring buildings or on public streets. h. Waiting area and common space. The Emergency Housing Site must provide a waiting area and common space.
i. Personal storage. Occupants must be provided a safe and secure place to store personal property sufficient to accommodate all such property not reasonably subject to stowage in the Emergency Sleeping Cabin. j. Restrooms. The Emergency Housing Site must have a minimum of one toilet for every fifteen occupants.
k. Sanitation. The Emergency Housing Site must be maintained in safe and sanitary conditions and free of vermin, vectors, and matter of an infectious or contagious nature. The Emergency Housing Site must be kept clean and free of debris, filth, garbage, and deleterious matter. All garbage and food waste must be deposited in covered receptacles which are emptied when necessary and when full, and the contents disposed of in a sanitary manner. l. Water Meter. A lot or parcel with an Emergency Housing Site may be allowed to use an existing metered water service connection of an adjoining lot to provide water service for the Emergency Housing Site. The owner of the adjoining lot must consent, in writing, to the use by the Emergency Housing Site and must install backflow protection compliant with City standards at the City point of service. The owner of the adjoining lot served by the existing water service connection shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection and used by the Emergency Housing Site.
m. Length of Stay. Residents of an Emergency Housing Site may not stay more than ten months in any twelve-month period.
4. Operators and occupants of Emergency Housing Sites that receive and comply with a permit issued under this Section are exempt from the provisions of Chapter
10.40 of the City of Redding Municipal Code.
Packet Pg. 472 Attachment: ^Draft New Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites)
5. An Operational Plan for the Emergency Housing Site must be developed in accordance with the Administrative Guidelines for Emergency Housing Sites and approved by the City Council as part of the permitting process.
6. Emergency Housing Sites will require site plan and design review by the City Manager prior to Council consideration.
7. Emergency Sleeping Cabins must comply with Appendix O of the California Building Code and Appendix X of the California Residential Code as adopted by the City Council of the City of Redding.
8. Emergency Sleeping Cabins be must be part of an Emergency Housing Site, as defined by this section.
9. No fee shall be charged for the review and issuance of a permit as described in this section.
10. All permits granted under this section remain in effect only during a shelter crisis, as declared by resolution of the City Council. Upon the expiration or repeal of the City's shelter crisis declaration, or the repeal of this section, all administrative permits granted under this section expire and all permit holders must immediately cease operations and return the Emergency Housing Site to its previous condition. a. Permits issued pursuant to this section are not property, they have no value, do not create vested rights, and cannot confer nonconforming status. b. No permit, or renewal of a permit, granted pursuant to this section shall exceed a term of one year.
c. A permit granted pursuant to this section may be renewed. Unless waived in writing by the City Manager, the permittee must provide notice to the City Manager of its intent to apply for renewal at least ninety calendar days before the expiration of the permit.
11. In addition to any other remedy allowed by law or equity, any person who violates a provision of this section is, without prejudice to the exercise of other remedies in law or equity, subject to enforcement in the manner described in Chapters1.13, 1.14 and 1.15 of the City of Redding Municipal Code.
12. Violations of this section are hereby declared to be a public nuisance.
13. All remedies prescribed under this section shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.
14. Pursuant to Government Code section 8698.4(a)(5)(C), the city manager shall, not later than July 1st of the year following the declaration of any shelter crisis, develop a plan to address the shelter crisis, if declared, which shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive Packet Pg. 473 Attachment: ^Draft New Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) services. The city manager shall also make the annual report required by Government Code section 8698.4(a)(6).
Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance.
The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
Section 4. California Environmental Quality Act. The passage of this Ordinance is not a “project” according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review.
Section 5. Effectiveness. This Urgency Ordinance is necessary to protect the public health, safety and welfare and is adopted as an urgency measure pursuant to the provisions of Government Code section 36937 and shall, upon adoption by a four-fifths (4/5) vote of the City Council, become effective and in full force and effect at 12:01 a.m. on February 7, 2024. The Ordinance shall be published in full according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced, read by title only, and adopted by the City Council of the City of Redding at a regular meeting on the 6th day of February, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________________
TENESSA AUDETTE, Mayor
ATTEST: FORM APPROVED:
______________________________ ___________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 474 Attachment: ^Draft New Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites)
STRIKEOUT ORDINANCE
OLD LANGUAGE: STRIKEOUTUCK OUT
NEW LANGUAGE: UNDERLINE
AN URGENCY ORDINANCE OF THE CITY OF REDDING AMENDING
TITLE 18 (ZONING), CHAPTER 18.17 (TEMPORARY USE PERMITS), BY AMENDING SECTION 18.17.020 (TEMPORARY USES EXEMPT
FROM PERMITS) RELATING TO AMENDMENT OF DISTANCE
REQUIREMENTS BETWEEN EMERGENCY HOUSING SITES AND
OTHER PUBLIC FACILITIES
18.17.020 – Temporary uses exempt from permits.
The following temporary uses are allowed without a use permit subject to meeting any applicable standards and limitations established in the Redding Municipal Code, the limitations specified by this section. The following temporary uses are permitted:
A. Charitable Events, Fundraising, and Community Events. Fundraisers and like charitable events, limited to three days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties and shall not use more than ten percent of the available site parking.
B. Construction Yards and Offices. On-site contractors' construction yards and offices, including manufactured or mobile units, in conjunction with an approved construction project. Yards and offices shall be removed within ten days of receiving an occupancy permit for the project.
C. Emergency Shelters and Activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the City Building Official and Fire Marshal prior to use.
D. Garage and Yard Sales in Residential Zones. Three garage or yard sales in any twelvemonth period, not exceeding three consecutive days each, shall be deemed a use incidental to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones.
E. Outside Displays/Seasonal and Other Sales. The temporary outdoor display/sales of merchandise in conjunction with a lawful business on the premises not exceeding four consecutive days or a total of sixteen days in any calendar year. The sales area may not reduce available parking by more than ten percent. A site development permit is required to exceed these standards. Tents are specifically excluded from this exemption.
F. Public Property. Events which are to be conducted on public property with the approval of the City, not exceeding three days in duration, subject to the findings required by Section
8.17.070.
Packet Pg. 475 Attachment: ^Draft Strike Out Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) G. Model Home Real Estate Sales Offices. Real estate sales offices within model homes in new residential developments.
H. Seasonal Sales Lots. Seasonal sales of Christmas trees and pumpkins on nonresidential properties, including temporary security trailers for a period not exceeding forty-five days.
I. Similar Temporary Uses. Similar temporary uses which, in the opinion of the Director, do not require a use permit and are compatible with the zoning district and surrounding land uses.
J. Mobile Medical. A special purpose commercial coach that provides medical, diagnostic and treatment services that is parked on private property subject to the land use regulations of the City shall comply with the following conditions and requirements:
1. Shall be licensed per the State of California Health and Safety Code.
2. Mobile Medical units shall not be operated from the public right of way and shall be located on a parcel meeting at least one of the following criteria; a. In zoning districts that allow clinics as a permitted use. b. In residential districts, in conjunction with health fairs, pediatric health screenings, school physicals, oral health services, limited to non-residential properties such as churches and schools and limited to twelve days per property per year.
c. As an accessory use to an existing treatment facility, clinic, shelter, or hospital.
d. As a transitional use where a clinic is proposed and under review by the City of Redding.
3. Services shall be limited to licensed and accredited oral health preventative services and primary care and preventative health care programs that have an existing collaboration with a local hospital or licensed medical clinic to meet the necessary health care referral needs of the community and patient population being served.
Pain clinics are prohibited.
4. Services shall not be provided without an approved Operational Plan (Plan). A Plan shall be provided by the operator for the review and approval of the Director. At the discretion of the Director, a public meeting may be scheduled for the purposes of collecting input and feedback from neighboring property owners regarding the plan. The Director shall approve, deny, or request modifications to the plan within forty-five days of receipt. The approved plan shall remain active throughout the duration of the operation and all operational requirements covered by the plan shall be complied with at all times. Modifications to the plan may be required at any time by the Director to address negative impacts on the neighboring properties. At a minimum, said plan shall contain provisions addressing the areas outlined below. a. Security and safety - addressing both on- and off-site needs.
Packet Pg. 476 Attachment: ^Draft Strike Out Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) b. Loitering/trespass/noise control - with specific measures regarding operational controls to minimize, to the extent possible, trespass on private property or the congregation of clients in the vicinity of the facility during hours that services are not provided.
c. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize negative impacts to neighboring properties.
d. Communication and outreach - with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood. The Director shall be provided with the name, cell phone number and email address for the on-site supervisor. e. Litter control - with the objective of providing for the removal of litter attributable to clients within the vicinity of the facility. f. Site plan - that shows the location of the vehicle, setbacks to property lines, parking lots, fire lanes and accessible paths of travel. The vehicle shall avoid blocking fire lanes and accessible paths of travel. To the extent possible, the vehicle shall be located in rear or side yards in existing paved areas. The vehicle shall not be parked in landscaped areas.
g. Duration of operations - limited to no more than two days per site per week, except in cases of transitional uses, disaster relief, health fairs, and other similar cases at the discretion of the Director.
h. Hours of operation - shall generally be limited to 8:00 a.m. to 4:00 p.m.
Special events such as blood drives and health fairs may be allowed beyond these hours at the discretion of the Director.
5. Appeal of the determination to deny the approval of a plan or to contest the imposition of a permit requirement imposed after approval of a plan shall be made in accordance with the procedures set forth in Chapter 18.11(Common Procedures) set forth in this title.
K. Food Trucks. Commercial vehicles parked on private property from which operators sell prepared food and beverages to the public (hereafter "food trucks") shall comply with the following conditions and requirements:
1. Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Shasta County Environmental Health Division, and operators shall possess a valid City of Redding business license.
2. Food trucks shall be permitted only in zoning districts that allow full service restaurants either as a permitted use or with Director approval of a site development permit.
3. Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semipublic uses. Packet Pg. 477 Attachment: ^Draft Strike Out Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites)
4. Food trucks shall not operate for more than three hours per site per day, but may park on said sites for up to one hour prior to operating and up to one hour after ceasing daily operations.
5. Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces.
6. Food trucks shall only operate between 7:00 a.m. and 12:00 a.m., except on sites which abut Residential districts, in which case they shall only operate between 8:00 a.m. and 10:00 p.m.
7. Food trucks shall maintain trash receptacles on-site and pick up any trash left onsite prior to ceasing daily operations.
L. Food Concessions. Food concessions, including hot dog stands, may be permitted when located adjacent to an existing retail building.
M. Declaration of a Shelter Crisis. An Emergency Housing Facility is a facility approved by the City Council which provides short-term, temporary shelter to not more than thirty individuals using Emergency Sleeping Cabins and must conform to the definitions for Emergency Housing Site and Emergency Housing Facilities, as defined by Appendix O of the California Building Code and Appendix X of the California Residential Code.
1. No person shall operate an Emergency Housing Site unless the City Council has declared the existence of a shelter crisis under the Shelter Crisis Law (Gov. Code sections 8698-8698.4) and issued a permit for an Emergency Housing Site.
2. Emergency Housing Sites must adhere to the Administrative Guidelines as adopted by resolution of the City Council.
a. Emergency Housing Sites are not authorized or restricted in any particular zoning within the City limits, but must satisfy the following criteria:
1. Be situated more than five hundred feet, measured from property line to the exterior perimeter of a permitted Emergency Housing Site and from any of the following: licensed childcare center; a school providing instruction in kindergarten or any grade one through twelve, inclusive, public park, public library or youth-oriented facility as defined in Redding Municipal Code Section 6.12.010; and
2. Be situated not less than one-half mile, measured from property line to the exterior perimeter of any other Emergency Housing Site, unless otherwise approved by the City Council.
3. Emergency Housing Sites shall be subject to the following conditions:
a. Setbacks. Emergency Sleeping Cabins must be set back a minimum of five feet from all lot lines, and ten feet from all other temporary or permanent structures.
Packet Pg. 478 Attachment: ^Draft Strike Out Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) b. Screening. Emergency Housing Sites must provide screening, as determined by the City, so that the viewshed from adjacent public or private property is minimized.
c. Paving. All surfaces within the footprint of the Emergency Housing Site must have a hard surface consisting of asphalt concrete paving, concrete, masonry block or other similar material unless otherwise specifically approved by the City Council.
d. Potable water. The operator of the Emergency Housing Site must provide potable water for all occupants.
e. Hours of operation and quiet hours. The Emergency Housing Site must always be accessible for registered occupants. Regular hours for occupant intake and discharge must be posted. The Emergency Housing Site manager shall enforce quiet hours between 10:00 p.m. and 6:00 a.m. f. On-site personnel. A manager must be on-site when occupants are present and during normal operating hours. The manager's area shall be located near the primary entrance to the facility. The manager's name, telephone number, and e-mail address must be posted and easily visible to the public.
Notwithstanding the above, an Emergency Housing Site, accommodating six persons or less, may recommend alternative on-site management criteria.
g. Lighting. Pedestrian pathways and parking lots must be well lit. Lighting must be designed, located, or screened so that it is not directly visible from any participant's shelter unit. Any illumination must not produce glare or reflection for occupants of neighboring buildings or on public streets. h. Waiting area and common space. The Emergency Housing Site must provide a waiting area and common space.
i. Personal storage. Occupants must be provided a safe and secure place to store personal property sufficient to accommodate all such property not reasonably subject to stowage in the Emergency Sleeping Cabin. j. Restrooms. The Emergency Housing Site must have a minimum of one toilet for every fifteen occupants.
k. Sanitation. The Emergency Housing Site must be maintained in safe and sanitary conditions and free of vermin, vectors, and matter of an infectious or contagious nature. The Emergency Housing Site must be kept clean and free of debris, filth, garbage, and deleterious matter. All garbage and food waste must be deposited in covered receptacles which are emptied when necessary and when full, and the contents disposed of in a sanitary manner. l. Water Meter. A lot or parcel with an Emergency Housing Site may be allowed to use an existing metered water service connection of an adjoining lot to provide water service for the Emergency Housing Site. The owner of the adjoining lot must consent, in writing, to the use by the Emergency Packet Pg. 479 Attachment: ^Draft Strike Out Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites) Housing Site and must install backflow protection compliant with City standards at the City point of service. The owner of the adjoining lot served by the existing water service connection shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection and used by the Emergency Housing Site.
m. Length of Stay. Residents of an Emergency Housing Site may not stay more than ten months in any twelve-month period.
4. Operators and occupants of Emergency Housing Sites that receive and comply with a permit issued under this Section are exempt from the provisions of Chapter
10.40 of the City of Redding Municipal Code.
5. An Operational Plan for the Emergency Housing Site must be developed in accordance with the Administrative Guidelines for Emergency Housing Sites and approved by the City Council as part of the permitting process.
6. Emergency Housing Sites will require site plan and design review by the City manager prior to Council consideration.
7. Emergency Sleeping Cabins must comply with Appendix O of the California Building Code and Appendix X of the California Residential Code as adopted by the City Council of the City of Redding.
8. Emergency Sleeping Cabins be must be part of an Emergency Housing Site, as defined by this section.
9. No fee shall be charged for the review and issuance of a permit as described in this section.
10. All permits granted under this section remain in effect only during a shelter crisis, as declared by resolution of the City Council. Upon the expiration or repeal of the City's shelter crisis declaration, or the repeal of this section, all administrative permits granted under this section expire and all permit holders must immediately cease operations and return the Emergency Housing Site to its previous condition.
Aa. Permits issued pursuant to this section are not property, they have no value, do not create vested rights, and cannot confer nonconforming status.
Bb. No permit, or renewal of a permit, granted pursuant to this section shall exceed a term of one year.
Cc. A permit granted pursuant to this section may be renewed. Unless waived in writing by the City Manager, the permittee must provide notice to the City Manager of its intent to apply for renewal at least ninety calendar days before the expiration of the permit.
11. In addition to any other remedy allowed by law or equity, any person who violates a provision of this section is, without prejudice to the exercise of other remedies in law or equity, subject to enforcement in the manner described in Chapters1.13, 1.14 and 1.15 of the City of Redding Municipal Code. Packet Pg. 480 Attachment: ^Draft Strike Out Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites)
12. Violations of this section are hereby declared to be a public nuisance.
13. All remedies prescribed under this section shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.
14. Pursuant to Government Code section 8698.4(a)(5)(C), the City Manager shall, not later than July 1st of the year following the declaration of any shelter crisis, develop a plan to address the shelter crisis, if declared, which shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive services. The City Manager shall also make the annual report required by Government Code section 8698.4(a)(6).
Packet Pg. 481 Attachment: ^Draft Strike Out Ordinance (9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve the following actions related to the Good News Rescue Mission’s Emergency Housing Site:
(1) Approve the Good News Rescue Mission’s Emergency Housing Site for 17 emergency sleeping cabins at 1411 Spruce Street (Assessor’s Parcel Number 104-010-028); (2) Approve the Good News Rescue Mission’s Operations and Services Manual and Site Plan and authorize the City Manager to establish the one-year term start date; (3) Authorize the Mayor to execute a Funding Agreement with Good News Rescue Mission for site improvements including installation of required infrastructure for emergency sleeping cabins in a total amount not to exceed $100,000; (4) Authorize the City Manager to appropriate up to $198,800 in Encampment Resolution Funding and/or Affordable Housing Loan Funds for the project; (5) Authorize the City Manager, or designee, to negotiate and execute any necessary documents to complete the project; and
(6) Based on the facts of the record, make the finding that the subject project is categorically exempt under the California Environmental Quality Act Guideline Section 15061(b)(3) and 15304, Class 4 Minor Alterations to Land.
Fiscal Impact
In 2022, the Housing Division (Housing) purchased 17 Pallet brand Emergency Sleeping Cabins (Cabins) totaling $149,000 with Community Development Block Grant funds. Eight of the Cabins are at the United Way, Mark Street Emergency Housing Site (EHS) – the remaining nine Cabins will be utilized at the proposed Good News Rescue Mission’s (GNRM) EHS.
The City of Redding (City) has been awarded two rounds of Encampment Resolution Funds (ER Funds). As proposed, the City will utilize ER Funds in the amount of $98,800 to purchase eight additional Cabins for a total of 17 Cabins for the GNRM EHS.
MEETING DATE: February 6, 2024
ITEM NO. 9.2(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.2(d)--Consider actions related to the Good News Rescue Mission Emergency Housing Site.
Steve Bade, Assistant City
Manager
Packet Pg. 482
Report to Redding City Council January 31, 2024
Re: 9.2(d)--Good News Rescue Mission Emergency Housing Site Page 2 In addition, Housing staff proposes to appropriate $100,000 of ER Funds and/or Affordable Housing Loan Funds (AHLF) for the development of site infrastructure to support the Cabins.
The total fiscal commitment from the City for the purchase of eight Cabins and the associated infrastructure to support the GNRM EHS is $198,800. There is no impact to the City’s General Fund.
Alternative Action
The City Council (Council) could choose not to approve the GNRM EHS permit and funding, and staff would continue to work with other community partners to facilitate an EHS in another location.
Background/Analysis
In June 2021, Council adopted a resolution that declared a shelter crisis within the City. Council subsequently approved Ordinance Nos. 2637 and 2638, along with the associated Administrative Guidelines that collectively set forth the requirements and process for the City to review, authorize, and permit the establishment and operation of emergency housing sites.
An EHS provides emergency, temporary housing to no more than 30 individuals occupying Cabins as defined in Appendix O of the California Building Code. Each EHS must adhere to the Administrative Guidelines including the development and posting of “Good Neighbor Policies.” Good Neighbor Policies must clearly address the EHS premises, immediate surrounding area and show how the EHS actively discourages and addresses excessive noise or loitering from EHS occupants and others who may congregate near the site. Where applicable, the EHS must demonstrate coordination with other homeless service providers and community partners to address the above issues and the impacts to the community. To comply with these requirements, each EHS must submit an Operations and Services Manual (Manual) to the City Manager’s Office for initial review and approval as part of the permit issuance process established by Council’s approved Administrative Guidelines.
In March of 2023, GNRM submitted its Manual to the City Manager’s Office for review and approval. Pursuant to the City’s Administrative Guidelines for EHSs, the Manual contains the required health and safety provisions, EHS site standards, operations/administrative guidelines, program criteria, and the facility requirements. Facility requirements include admission requirements, security, participant responsibilities and rights, and programmatic parameters such as hours of operation, curfew, and facility standards. Participants of the EHS are subject to rules, rights, responsibilities and will sign a Resident Community Agreement. The goal of the EHS is to provide participants a safe place to address the issues that led to their homelessness and gain self-sufficiency while transitioning from an unsheltered lifestyle to permanent housing. The EHS will be operated by a program manager, local service providers, and volunteers. Operational services include a site coordinator that will be on-site or on-call 24 hours a day and seven days a week, referral services, case management services including housing navigation, workshops with learning opportunities, and health and wellness information. Each participant is limited to a maximum stay of 10 months.
Packet Pg. 483
Report to Redding City Council January 31, 2024
Re: 9.2(d)--Good News Rescue Mission Emergency Housing Site Page 3 Under the Funding Agreement, City grant funds would assist the Project in creating a 17-cabin EHS (14 single and three double-occupancy units). The Project is located at 1411 Spruce Street, adjacent to GNRM’s existing facilities in West Redding. The City proposes to use ERF funds and/or AHLF grant funds to provide up to $100,000 toward the site infrastructure improvements.
The estimated total cost of the Project’s infrastructure is $226,097. The balance of the funds to complete the infrastructure improvements will come from GNRM’s general funds.
The GNRM’s proposed improvements to the Project Site consist of power, water, storage lockers, portable toilets, common area, pedestrian lighting and landscape improvements (including screened fencing). Impacts to surrounding parcels will be pedestrian noise related to human interaction and negligible traffic movements as the occupants are unlikely to have vehicles. The Cabin design has been approved by the City’s Building Official.
The City Manager’s Office has reviewed the Manual along with the site, utility and design plans.
Should Council approve the requested urgency ordinance and subsequent permit for the Project Site, site improvements would begin within 15 days of the issuance of the project’s Notice to Proceed by City staff. The intent is to begin operating the GNRM EHS by June 2024. Pursuant to Ordinance 2637, the term of any EHS is limited to one year and may be renewed by submitting a renewal request to the City Manager 90-days before the end of the one-year term. The one-year term will begin on the first day of operation as determined by the City Manager.
Parallel to the development of the GNRM EHS, Housing Division staff will partner with the GNRM to identify grant resources to assist them with the operations of the EHS, similar to other City-EHS partnerships.
Environmental Review
Based on the facts of the record, make the finding that the subject permit is categorically exempt under the California Environmental Quality Act (CEQA) Guideline Section 15061(b)(3) and 15304, Class 4 Minor Alterations to Land and entering into a Funding Agreement is not considered a project under the CEQA.
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments
^Location Map
^Site Plan
Ordinance No. 2637
Ordinance No. 2638
Administrative Guidelines
GNRM Operations and Services Manual Final
GNRM Funding Agreement - Signed
Packet Pg. 484
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Packet Pg. 485 Attachment: ^Location Map (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 486
Attachment: ^Site Plan (9.2(d)--Good News Rescue Mission Emergency Housing Site) ORDINANCE NO. 2637
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18
(ZONING), CHAPTER 18.17 (TEMPORARY USE PERMITS), BY
AMENDING SECTION 18.17.020 (TEMPORARY USES EXEMPT FROM
PERMITS), RELATING TO ESTABLISHING THE CRITERIA FOR
PERMITTING EMERGENCY HOUSING SITES AND THE OPERATION
OF THE SAME DURING A DECLARED SHELTER CRISIS
WHEREAS, the 2020 Shasta County Point-in-Time Report purported that four hundred fifty-four (454) individuals within the City of Redding (City), including veterans, women, children, individuals with disabilities, senior citizens, and other vulnerable groups, are experiencing unsheltered homelessness within the City; and
WHEREAS, on September 25, 2020, the Governor signed Assembly Bill 2553 which expanded the Shelter Crisis Law, providing all cities and counties flexibility in addressing the homeless crisis and provide additional shelter options to individuals experiencing homelessness; and WHEREAS, the Shelter Crisis Law permits local jurisdictions to adopt reasonable local standards which, at a minimum, meet the standards provided in the 2019 California Residential Code Appendix X and the California Building Code Appendix O; and WHEREAS, the City Council has received extensive testimony and been provided extensive data on the deleterious impacts of homelessness on individuals who lack shelter and the community at large; and
WHEREAS, unauthorized camps exist throughout the City and many of these camps are unsanitary and thereby have a harmful consequence to the environment; and WHEREAS, occupants of the unauthorized camps are vulnerable to theft, crime, and extreme weather conditions; and
WHEREAS, the aforementioned conditions threaten the physical and mental health of the individuals living in these camps and the safety and well-being of the general public impacted by the nuisance conditions occurring at unauthorized camp locations; and WHEREAS, the City has shelter capacity that is not exhausted by the number of unsheltered individuals in the City, but many unsheltered individuals do not avail themselves of opportunities provided by existing shelter options; and
WHEREAS, the City Council finds that expanding the type and number of shelter options may encourage the unsheltered to avail themselves of the shelter opportunities provided herein and that such opportunities may serve as a bridge to more permanent shelter; and Packet Pg. 487 Attachment: Ordinance No. 2637 (9.2(d)--Good News Rescue Mission Emergency Housing Site) WHEREAS, the City Council has determined that strict compliance with state and local standards and laws in existence as of the effective date of this Ordinance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis; and
WHEREAS, it is the purpose of this ordinance is to define requirements and provide a process for the City to review and authorize, through a permit approved by the City Council, the establishment and operation of Emergency Housing Sites and related facilities by a third party as required by the Ordinance and that meet certain health and safety standards; and WHEREAS, adoption of this Ordinance will promote the public health, safety, convenience, and welfare of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. The findings set forth above are hereby adopted as findings of fact.
Section 2. Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits), Section
18.17.020 is amended to read as follows:
18.17.020 - Temporary uses exempt from permits.
The following temporary uses are allowed without a use permit subject to meeting any applicable standards and limitations established in the Redding Municipal Code, the limitations specified by this section. The following temporary uses are permitted:
A. Charitable Events, Fundraising, and Community Events. Fundraisers and like charitable events, limited to three days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties and shall not use more than ten percent of the available site parking.
B. Construction Yards and Offices. On-site contractors' construction yards and offices, including manufactured or mobile units, in conjunction with an approved construction project. Yards and offices shall be removed within ten days of receiving an occupancy permit for the project.
C. Emergency Shelters and Activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the City Building Official and Fire Marshal prior to use.
D. Garage and Yard Sales in Residential Zones. Three garage or yard sales in any twelvemonth period, not exceeding three consecutive days each, shall be deemed a use incidental to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones.
Packet Pg. 488 Attachment: Ordinance No. 2637 (9.2(d)--Good News Rescue Mission Emergency Housing Site) E. Outside Displays/Seasonal and Other Sales. The temporary outdoor display/sales of merchandise in conjunction with a lawful business on the premises not exceeding four consecutive days or a total of sixteen days in any calendar year. The sales area may not reduce available parking by more than ten percent. A site development permit is required to exceed these standards. Tents are specifically excluded from this exemption.
F. Public Property. Events which are to be conducted on public property with the approval of the city, not exceeding three days in duration, subject to the findings required by Section
8.17.070.
G. Model Home Real Estate Sales Offices. Real estate sales offices within model homes in new residential developments.
H. Seasonal Sales Lots. Seasonal sales of Christmas trees and pumpkins on nonresidential properties, including temporary security trailers for a period not exceeding forty-five days.
I. Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, do not require a use permit and are compatible with the zoning district and surrounding land uses.
J. Mobile Medical. A special purpose commercial coach that provides medical, diagnostic and treatment services that is parked on private property subject to the land use regulations of the city shall comply with the following conditions and requirements:
1. Shall be licensed per the State of California Health and Safety Code.
2. Mobile Medical units shall not be operated from the public right of way and shall be located on a parcel meeting at least one of the following criteria; a. In zoning districts that allow clinics as a permitted use. b. In residential districts, in conjunction with health fairs, pediatric health screenings, school physicals, oral health services, limited to non-residential properties such as churches and schools and limited to twelve days per property per year.
c. As an accessory use to an existing treatment facility, clinic, shelter, or hospital.
d. As a transitional use where a clinic is proposed and under review by the City of Redding.
3. Services shall be limited to licensed and accredited oral health preventative services and primary care and preventative health care programs that have an existing collaboration with a local hospital or licensed medical clinic to meet the necessary Packet Pg. 489 Attachment: Ordinance No. 2637 (9.2(d)--Good News Rescue Mission Emergency Housing Site) health care referral needs of the community and patient population being served.
Pain clinics are prohibited.
4. Services shall not be provided without an approved Operational Plan (Plan). A Plan shall be provided by the operator for the review and approval of the director. At the discretion of the director, a public meeting may be scheduled for the purposes of collecting input and feedback from neighboring property owners regarding the plan. The director shall approve, deny, or request modifications to the plan within forty-five days of receipt. The approved plan shall remain active throughout the duration of the operation and all operational requirements covered by the plan shall be complied with at all times. Modifications to the plan may be required at any time by the director to address negative impacts on the neighboring properties. At a minimum, said plan shall contain provisions addressing the areas outlined below. a. Security and safety- addressing both on- and off-site needs. b. Loitering/trespass/noise control - with specific measures regarding operational controls to minimize, to the extent possible, trespass on private property or the congregation of clients in the vicinity of the facility during hours that services are not provided.
c. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize negative impacts to neighboring properties.
d. Communication and outreach - with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood. The director shall be provided with the name, cell phone number and email address for the on-site supervisor. e. Litter control - with the objective of providing for the removal of litter attributable to clients within the vicinity of the facility. f. Site plan - that shows the location of the vehicle, setbacks to property lines, parking lots, fire lanes and accessible paths of travel. The vehicle shall avoid blocking fire lanes and accessible paths of travel. To the extent possible, the vehicle shall be located in rear or side yards in existing paved areas. The vehicle shall not be parked in landscaped areas.
g. Duration of operations - limited to no more than two days per site per week, except in cases of transitional uses, disaster relief, health fairs, and other similar cases at the discretion of the director.
h. Hours of operation - shall generally be limited to 8:00 a.m. to 4:00 p.m.
Special events such as blood drives and health fairs may be allowed beyond these hours at the discretion of the director.
Packet Pg. 490 Attachment: Ordinance No. 2637 (9.2(d)--Good News Rescue Mission Emergency Housing Site)
5. Appeal of the determination to deny the approval of a plan or to contest the imposition of a permit requirement imposed after approval of a plan shall be made in accordance with the procedures set forth in Chapter 18.11 (Common Procedures) set forth in this Title.
K. Food Trucks. Commercial vehicles parked on private property from which operators sell prepared food and beverages to the public (hereafter "food trucks") shall comply with the following conditions and requirements:
1. Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Shasta County Environmental Health Division, and operators shall possess a valid City of Redding business license.
2. Food trucks shall be permitted only in zoning districts that allow full service restaurants either as a permitted use or with director approval of a site development permit.
3. Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semipublic uses.
4. Food trucks shall not operate for more than three hours per site per day, but may park on said sites for up to one hour prior to operating and up to one hour after ceasing daily operations.
5. Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces.
6. Food trucks shall only operate between 7:00 a.m. and 12:00 a.m., except on sites which abut Residential districts, in which case they shall only operate between 8:00 a.m. and 10:00 p.m.
7. Food trucks shall maintain trash receptacles on-site and pick up any trash left onsite prior to ceasing daily operations.
L. Food Concessions. Food concessions, including hot dog stands, may be permitted when located adjacent to an existing retail building.
M. Declaration of a Shelter Crisis. An Emergency Housing Facility is a facility approved by the City Council which provides short-term, temporary shelter to not more than thirty (30) individuals using Emergency Sleeping Cabins and must conform to the definitions for Emergency Housing Site and Emergency Housing Facilities, as defined by Appendix O of the California Building Code and Appendix X of the California Residential Code.
Packet Pg. 491 Attachment: Ordinance No. 2637 (9.2(d)--Good News Rescue Mission Emergency Housing Site)
1. No person shall operate an Emergency Housing Site unless the City Council has declared the existence of a shelter crisis under the Shelter Crisis Law (Gov. Code sections 8698-8698.4) and issued a permit for an Emergency Housing Site.
2. Emergency Housing Sites must adhere to the Administrative Guidelines as adopted by resolution of the City Council.
a. Emergency Housing Sites are not authorized or restricted in any particular zoning within the City limits, but must satisfy the following criteria:
1. Be situated more than 500 feet, measured from property line to property line, from any of the following: childcare center; childcare in-home (family day care home); school (K-12); formal park; or museum; and
2. Be situated not less than one-half mile, measured from property line to property line, from any other Emergency Housing Site.
3. Emergency Housing Sites shall be subject to the following conditions:
a. Setbacks. Emergency Sleeping Cabins must be set back a minimum of five (5) feet from all lot lines, and ten (10) feet from all other temporary or permanent structures.
b. Screening. Emergency Housing Sites must provide screening, as determined by the City, so that the viewshed from adjacent public or private property is minimized.
c. Paving. All surfaces within the footprint of the Emergency Housing Site must have a hard surface consisting of asphalt concrete paving, concrete, masonry block or other similar material unless otherwise specifically approved by the City Council.
d. Potable water. The operator of the Emergency Housing Site must provide potable water for all occupants.
e. Hours of operation and quiet hours. The Emergency Housing Site must always be accessible for registered occupants. Regular hours for occupant intake and discharge must be posted. The Emergency Housing Site manager shall enforce quiet hours between 10:00 PM and 6:00 AM. f. On-site personnel. A manager must be on-site when occupants are present and during normal operating hours. The manager’s area shall be located near the primary entrance to the facility. The manager’s name, telephone number, and e-mail address must be posted and easily visible to the public.
Notwithstanding the above, an Emergency Housing Site, accommodating Packet Pg. 492 Attachment: Ordinance No. 2637 (9.2(d)--Good News Rescue Mission Emergency Housing Site) six persons or less, may recommend alternative on-site management criteria.
g. Lighting. Pedestrian pathways and parking lots must be well lit. Lighting must be designed, located, or screened so that it is not directly visible from any participant’s shelter unit. Any illumination must not produce glare or reflection for occupants of neighboring buildings or on public streets. h. Waiting area and common space. The Emergency Housing Site must provide a waiting area and common space.
i. Personal storage. Occupants must be provided a safe and secure place to store personal property sufficient to accommodate all such property not reasonably subject to stowage in the Emergency Sleeping Cabin. j. Restrooms. The Emergency Housing Site must have a minimum of one (1) toilet for every fifteen (15) occupants.
k. Sanitation. The Emergency Housing Site must be maintained in safe and sanitary conditions and free of vermin, vectors, and matter of an infectious or contagious nature. The Emergency Housing Site must be kept clean and free of debris, filth, garbage, and deleterious matter. All garbage and food waste must be deposited in covered receptacles which are emptied when necessary and when full, and the contents disposed of in a sanitarymanner. l. Water Meter. A lot or parcel with an Emergency Housing Site may be allowed to use an existing metered water service connection of an adjoining lot to provide water service for the Emergency Housing Site. The owner of the adjoining lot must consent, in writing, to the use by the Emergency Housing Site and must install backflow protection compliant with City standards at the City point of service. The owner of the adjoining lot served by the existing water service connection shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection and used by the Emergency HousingSite.
m. Length of Stay. Residents of an Emergency Housing Site may not stay more than ten (10) months in any twelve (12) month period.
4. Operators and occupants of Emergency Housing Sites that receive and comply with a permit issued under this Section are exempt from the provisions of Chapter 10.40 of the City of Redding Municipal Code.
5. An Operational Plan for the Emergency Housing Site must be developed in accordance with the Administrative Guidelines for Emergency Housing Sites and approved by the City Council as part of the permitting process.
Packet Pg. 493 Attachment: Ordinance No. 2637 (9.2(d)--Good News Rescue Mission Emergency Housing Site)
6. Emergency Housing Sites will require site plan and design review by the City Manager prior to Council consideration.
7. Emergency Sleeping Cabins must comply with Appendix O of the California Building Code and Appendix X of the California Residential Code as adopted by the City Council of the City of Redding.
8. Emergency Sleeping Cabins be must be part of an Emergency Housing Site, as defined by this Section.
9. No fee shall be charged for the review and issuance of a permit as described in this Section.
10. All permits granted under this Section remain in effect only during a shelter crisis, as declared by resolution of the City Council. Upon the expiration or repeal of the city’s shelter crisis declaration, or the repeal of this Section, all administrative permits granted under this Section expire and all permit holders must immediately cease operations and return the Emergency Housing Site to its previous condition.
A. Permits issued pursuant to this Section are not property, they have no value, do not create vested rights, and cannot confer nonconforming status.
B. No permit, or renewal of a permit, granted pursuant to this Section shall exceed a term of one (1) year.
C. A permit granted pursuant to this Section may be renewed. Unless waived in writing by the City Manager, the Permittee must provide notice to the City Manager of its intent to apply for renewal at least ninety (90) calendar days before the expiration of the permit.
11. In addition to any other remedy allowed by law or equity, any person who violates a provision of this Section is, without prejudice to the exercise of other remedies in law or equity, subject to enforcement in the manner described in Chapters 1.13,
1.14 and 1.15 of the City of Redding Municipal Code.
12. Violations of this Section are hereby declared to be a public nuisance.
13. All remedies prescribed under this Section shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.
14. Pursuant to Government Code section 8698.4(a)(5)(C), the City Manager shall, not later than July 1st of the year following the declaration of any shelter crisis, develop a plan to address the shelter crisis, if declared, which shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive services. The City Manager shall also make the annual report required by Government Code section 8698.4(a)(6).
Packet Pg. 494 Attachment: Ordinance No. 2637 (9.2(d)--Good News Rescue Mission Emergency Housing Site) Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance.
The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
Section 4. The City of Redding finds that, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this Ordinance is therefore not subject to the provisions requiring environmental review. The ordinance will not increase traffic but serves only to redirect traffic which already exists.
I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Redding at a regular meeting on the 1st day of June, 2021, and was duly read and adopted at a regular meeting on the 15th day of June, 2021, by the following vote:
AYES: COUNCIL MEMBERS: Mezzano, Schreder, Winter, and Resner NOES: COUNCIL MEMBERS: Dacquisto
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
_/s/Kristen Schreder _______________
KRISTEN SCHREDER, Vice Mayor
ATTEST: APPROVED AS TO FORM:
_/s/Pamela Mize____________________ _/s/ Barry E. DeWalt_________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 495 Attachment: Ordinance No. 2637 (9.2(d)--Good News Rescue Mission Emergency Housing Site) ORDINANCE NO. 2638
AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING
MUNICIPAL CODE TITLE 16 (BUILDINGS AND CONSTRUCTION),
CHAPTER 16.02 (BUILDING CODE) BY AMENDING SECTION 16.02.010 (CALIFORNIA BUILDING CODE ADOPTED); AND CHAPTER 16.03
(RESIDENTIAL CODE) BY AMENDING SECTION 16.03.010
(CALIFORNIA RESIDENTIAL CODE ADOPTED), RELATED TO
ADOPTING APPENDICES TO THE UNIFORM CODES IN ORDER TO
FACILITATE ADOPTION OF STANDARDS RELATING TO
EMERGENCY SHELTERS
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Redding makes the following findings of fact necessary for changes or modifications to the 2019 California Building Standard Code due to local conditions which may necessitate a declaration of a shelter crisis:
1. Title 16 of the Redding Municipal Code (“RMC”) generally adopts the provisions of the 2019 California Building Standards Code subject to modifications made necessary by local conditions.
2. Appendix O of the California Building Code and Appendix X of the California Residential Code, both a part of the 2019 California Building Standards Code, set forth standards for emergency housing and emergency housing facilities to ensure the protection of public health and safety when there has been a declaration of a shelter crisis pursuant to Government Code section 8698.
3. Government Code section 8698(e) defines a “shelter crisis” as the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.
4. Government Code section 8698.4 provides, in pertinent part, that a city may adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein, to the extent that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
5. Government Code section 8698.4(a)(2) also provides, in pertinent part, that a city may deviate from the standards provided in the 2019 California Residential Code Appendix X and California Building Code Appendix O if it makes findings stating why the standards cannot be met and stating how the standards in the ordinance protect health and safety.
Packet Pg. 496 Attachment: Ordinance No. 2638 (9.2(d)--Good News Rescue Mission Emergency Housing Site)
6. There are ready-made emergency sleeping cabins immediately available in the market for purchase which have sixty-four (64) square feet of interior floor area, and these cabins would make an immediate impact in housing the homeless.
7. There appear to be no ready-made emergency sleeping cabins which are immediately available in the market for purchase which have seventy (70) square feet or more of interior floor area.
8. Requiring a minimum interior floor area of seventy (70) square feet for emergency sleeping cabins would require design, plan check, and fabrication thereby significantly delaying the ability to move individuals out of the elements and safely into shelter in an environment where services are available.
9. In order to immediately respond to a shelter crisis, the square footage standards set forth in the 2019 California Residential Code Appendix X and California Building Code Appendix O must be reduced because the primary concern in a shelter crisis is the immediate protection of the of the safety and health of the homeless individuals.
10. There is no appreciable reduction in the health and safety of the intended occupants of the emergency sleeping cabins by reducing the square footage requirements in the 2019 California Residential Code Appendix X and California Building Code Appendix O by six (6) square feet for single occupants and twenty (20) square feet for two occupants.
11. The City Council therefore determines that strict compliance with the floor area requirements set forth in Appendix O of the California Building Code and Appendix X of the California Residential Code would prevent, hinder and delay the mitigation of the effects of a shelter crisis, when declared.
Section 2. Title 16 (Buildings and Construction), Chapter 16.02 (Building Code), Section16.012.010 of the Redding Municipal Code is hereby amended to read as follows:
16.02.010 - California Building Code adopted.
A. That certain document, a copy of which is on file and open for inspection in the City of Redding permit center, marked and designated as "California Building Code (CBC), 2019 Edition, Volumes 1 and 2," published by the International Code Council, is adopted as the building code of the city and is included in and made a part of this code as though set forth at length herein.
1. California Code of Regulations, Title 24, Part 2, California Building Code, Appendix O, Emergency Housing, is adopted as though set forth at length herein excluding therefrom any requirement that an emergency sleeping cabin shall not be less than seventy (70) square feet of interior floor area for one occupant and fifty (50) square feet for each occupant in excess of one (1), and, in lieu of said requirement, establishing that an emergency sleeping cabin shall not be less than Packet Pg. 497 Attachment: Ordinance No. 2638 (9.2(d)--Good News Rescue Mission Emergency Housing Site) sixty-four (64) square feet of interior floor area for one occupant and one hundred (100) square feet for two occupants.
B. Snow load CBC Section 1608 is replaced by the following:
1608.1 General. Design snow loads shall be determined by the Building Official.
C. Delete CBC Section 1905.1.7 and adopt 2019 Los Angeles Area Regional Uniform Code Program (LARUCP) recommendation 19-01 per the 2019 edition of the LARUCP.
D. Add the following exception to CBC Section 1613.2.5:
Exception: Structures not assigned to Seismic Design Category E or F above shall be assigned to Seismic Design Category D.
E. Add the following exception to CBC Section 1613.2.5.2:
Exception: Seismic Design Category shall be determined per exception to Section 1613.2.5.
F. Delete CBC Section 1807.1.5 Exception.
G. Delete CBC Section 1807.1.6.
H. Amend CBC Section 2308.4.6 to read:
Floor, attic, and roof framing shall be laterally supported in accordance with AF & PA NDS Section 4.4.1.2.
Section 3. Title 16 (Buildings and Construction), Chapter 16.03 (Residential Code), Section 16.03.010 of the Redding Municipal Code is hereby amended to read as follows:
16.03.010 - California Residential Code adopted.
A. That certain document, a copy being on file and open for inspection in the City of Redding permit center, marked and designated as "California Residential Code (CRC), 2019 Edition," published by the International Code Council, is adopted asthe residential building code of the city and is included in and made a part of this code as though set forth at length herein.
1. California Code of Regulations, Title 24, Part 2.5, California Residential Code, Appendix X, Emergency Housing is adopted as though set forth at length herein excluding therefrom any requirement that an emergency sleeping cabin shall not be less than seventy (70) square feet of interior floor area for one occupant and fifty (50) square feet for each occupant in excess of one (1), and, in lieu of said requirement, establishing that an emergency sleeping cabin shall not be less than Packet Pg. 498 Attachment: Ordinance No. 2638 (9.2(d)--Good News Rescue Mission Emergency Housing Site) sixty-four (64) square feet of interior floor area for one occupant and one hundred (100) square feet for two occupants.
B. Add the sentence "SDS shall be taken as greater than 0.50" to the end of California Residential Code Section R301.2.2.1.1.
C. Section R313.2.1.1 - Other Occupancies.
Section R313.2.1.1 is added to read as follows:
Group S occupancies constructed on private residential zoned parcels shall be designed to NFPA 13D as approved by the fire code official.
D. Section R313.2.2 – Additions.
Section R313.2.2 is added to read as follows:
Additions to any existing California Residential Building Code regulated buildings that increase the existing square footage by 50% or more shall meet the requirements for a newly constructed building. All additions to any existing California Residential Building Code regulated building with an existing automatic sprinkler system regardless of size shall be required to extend the sprinkler system into the addition per Section R313.2.
E. Section R313.2.3 – Remodels, alterations, or repairs.
Section R313.2.3 is added to read as follows:
For remodels, alterations, or repairs to an existing California residential Building Code regulated building involving demolition, removal, alteration, or repair of more than 50% of the structure, the building shall meet the requirements for a newly constructed building.
For purposes of this section, “50%” threshold shall be applied if the project involves any of the following:
1. The removal, demolition, or repairs of more than 50% of the exterior weight bearing walls; or
2. The removal, demolition or repair of more than 50% of the roof structure (including the framing, sheathing, and roof covering of a building but not limited to rafters, trusses, beams, purlins); or
3. Where the removal, demolition or repair is deemed by the fire code official to be more than 50% of the structure.
F. Amend CRC Section R404.1.4.1 to read:
Packet Pg. 499 Attachment: Ordinance No. 2638 (9.2(d)--Good News Rescue Mission Emergency Housing Site) Masonry foundation walls. In buildings assigned to Seismic Design Category D0, D1, or D2, as established in Table R301.2(1), masonry foundation walls shall comply with this section. In addition to the requirements of Table R404.1.1(1), plain masonry foundation walls shall comply with the following:
1. Wall heights shall not exceed 4 feet (1219 mm).
2. Unbalanced backfill height shall not exceed 3 feet (914 mm).
3. Minimum nominal thickness for plain masonry foundation walls shall be 8 inches (203mm).
4. Masonry stem walls shall have a minimum vertical reinforcement of one No. 3 (No. 10) bar located a maximum of 4 feet (1219mm) on center in grouted cells.
5. Vertical reinforcement shall be tied to the horizontal reinforcement in the footings.
Foundation walls in buildings assigned to Seismic Design Category D0, D1 or D2, as established in Table R301.2(1), supporting more than 3 feet (914 mm) of unbalanced backfill or exceeding 4 feet (1219 mm) in heights shall be constructed in accordance with the provisions of ACI 530/ASCE 5/TMS 402 or NCMA TR68-A. Masonry foundation walls shall have two No. 4 (No. 13) horizontal bars located in the upper 12 inches (305mm) of the wall.
G. Amend CRC Section R404.1.4.2 to read:
R404.1.4.2 Concrete foundation walls. In buildings assigned to Seismic Design Category D0, D1 or D2, as established in Table R301.2(1), concrete foundation walls that support light-frame walls shall comply with this section, and concrete foundation walls that support above-grade concrete walls shall comply with ACI 318, ACI 332 or PCA 100 (see Section R404.1.3). In addition to the horizontal reinforcement required by Table R404.1.2(1), plain concrete walls supporting light-frame walls shall comply with the following:
1. Wall height shall not exceed 4 feet (1219 mm).
2. Unbalanced backfill height shall not exceed 3 feet (914 mm).
3. Minimum thickness for plain concrete foundation walls shall be 6 inches (152 mm).
Foundation walls supporting more than 2 feet (1219 mm) of unbalanced backfill or exceeding 3 feet (2438 mm) in height shall be provided with horizontal reinforcement in accordance with Table R404.1.2(1), and not less than No. 4 (No. 13) vertical bars at a spacing not exceeding 48 inches (1219 mm).
H. Amend the first sentence of CRC Section R506.2.3 to read:
Packet Pg. 500 Attachment: Ordinance No. 2638 (9.2(d)--Good News Rescue Mission Emergency Housing Site) Vapor retarder. A 15-mil polyethylene or approved equivalent vapor retarder with joints lapped not less than 6 inches (152 mm) shall be placed between the concrete floor slab and the base course or the prepared subgrade where no base course exists.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance.
The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
Section 5. The City of Redding finds that, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this Ordinance is therefore not subject to the provisions requiring environmental review.
I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Redding at a regular meeting on the 1st day of June, 2021, and was duly read and adopted at a regular meeting on the 15th day of June, 2021, by the following vote:
AYES: COUNCIL MEMBERS: Mezzano, Schreder, Winter, and Resner NOES: COUNCIL MEMBERS: Dacquisto
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
_/s/Kristen Schreder _______________
KRISTEN SCHREDER, Vice Mayor
ATTEST: APPROVED AS TO FORM:
_/s/Pamela Mize____________________ _/s/ Barry E. DeWalt_________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 501 Attachment: Ordinance No. 2638 (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding
Administrative Guidelines:
Emergency Housing Sites
Packet Pg. 502 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 2 TABLE OF CONTENTS
INTRODUCTION .................................................................................................................................................. 4 GENERAL............................................................................................................................................................... 5 EMERGENCY HOUSING SITE STANDARDS................................................................................................. 6 OPERATIONS/ADMINISTRATIVE................................................................................................................... 7 Admission........................................................................................................................................................ 7 Denial of Admission........................................................................................................................................ 7 Participant Emergency Information................................................................................................................. 7 Intake ............................................................................................................................................................... 8 Database Management System........................................................................................................................ 8 Security............................................................................................................................................................ 8 Participation in Religious Activities................................................................................................................ 8 Participant Responsibilities ............................................................................................................................. 8 Participant Rights............................................................................................................................................. 9 Confidentiality ................................................................................................................................................. 9 Non-Discrimination/Reasonable Accommodations......................................................................................... 9 Transgender Access......................................................................................................................................... 9 Participants’ Mail............................................................................................................................................. 9 Storage of Belongings.................................................................................................................................... 10 Medication..................................................................................................................................................... 10 Universal Precautions.................................................................................................................................... 10 First Aid......................................................................................................................................................... 10 Weapons ........................................................................................................................................................ 11 Smoking......................................................................................................................................................... 11 Accessibility .................................................................................................................................................. 11 Emergency Response..................................................................................................................................... 11 Infectious Disease.......................................................................................................................................... 11 Abuse Reporting ............................................................................................................................................ 12 Drug and Alcohol Use/Possession................................................................................................................. 12 Search of Possessions.................................................................................................................................... 12 Storage of Belongings After Discharge......................................................................................................... 13 Discharge Reasons......................................................................................................................................... 13 Discharge Requirements................................................................................................................................ 13 Grievance Process.......................................................................................................................................... 14 PROGRAM .......................................................................................................................................................... 15 Hours ............................................................................................................................................................. 15 Curfew ........................................................................................................................................................... 15 Packet Pg. 503 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 3 Input............................................................................................................................................................... 15 Animal Care................................................................................................................................................... 15 Staff Requirements ........................................................................................................................................ 16 Food Storage/Service..................................................................................................................................... 16 Support Services............................................................................................................................................ 17 FACILITY............................................................................................................................................................. 19 Basic Building Standards and Fire Safety ..................................................................................................... 19 Safety Standards............................................................................................................................................ 19 Amenities....................................................................................................................................................... 19 Drinking Water.............................................................................................................................................. 19 Outlet Access................................................................................................................................................. 19 Cleanliness..................................................................................................................................................... 20 Pest Control ................................................................................................................................................... 20 Maintenance/Repair....................................................................................................................................... 20 Phone Access................................................................................................................................................. 20 Hazardous Materials...................................................................................................................................... 20 Entrance/Exits................................................................................................................................................ 20 Agency Vehicle ............................................................................................................................................. 21 Packet Pg. 504 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 4 INTRODUCTION
The City of Redding Administrative Guidelines for Emergency Housing Sites (hereafter “EHS”) are intended to help guide the delivery of EHS services and the development of the operations plan as required by the City of Redding Ordinance.
Packet Pg. 505 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 5 GENERAL
1. The health and safety of participants, volunteers and staff should be safeguarded within each EHS.
2. Each EHS shall create equal opportunities for all persons needing emergency housing services by prohibiting discrimination due to religious affiliation, race, color, national origin, ancestry, political or religious beliefs, language, disability, family composition, gender identity and/or sexual orientation.
3. The EHS will provide an atmosphere of dignity and respect for all EHS participants.
4. Participants must participate toward increasing levels of self-reliance and self- determination.
EHS staff will work with participants to assist them in achieving their goals.
5. EHS staff often have access to detailed and highly sensitive personal information about participants. Protecting the privacy and confidentiality of EHS participants and their personal information is required.
6. People who are experiencing homelessness may use substances to varying degrees. Everyone is entitled to EHS’s services whether or not they are a substance user. As a result, these standards require that admission, discharge and service restriction policies must not be based on substance use alone, unless otherwise specifically provided for in these guidelines.
7. In order to provide effective EHS programs and services, EHS participants must be offered opportunities to provide input and feedback in service provision and program planning for the program in which they participate.
8. EHS exits to stable housing through supportive services will occur within 10 months. Barriers to engagement will be considered to help assist those to find stable housing with supportive services, if possible.
9. Equal opportunity and standardized procedures will be utilized when determining eligibility, admissions, sanctions and dismissals, and resolving grievances.
10. All program participants are entitled to enjoy the maximum amount of privacy within the constrictions of the EHS environment.
11. EHS are part of a larger network of homeless services and agencies. Collaboration within this network is important to ensure effective and coordinated services.
12. All participants will be briefed and must sign an agreement to uphold the rules and guidelines for the Emergency Housing Site community. Criteria for unacceptable behavior on-site includes but is not limited to; persistent disruptive behavior, theft, use of alcohol, illegal drugs and paraphernalia or violence to yourself or others.
Packet Pg. 506 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 6 EMERGENCY HOUSING SITE STANDARDS
Minimal requirements for entry are placed on EHS participants. The EHS’s primary role is to provide basic life sustaining services in a manner that fosters a safe and affirming atmosphere for all program participants. Participants of local EHS may come from a variety of backgrounds and each has different needs for services. This could include, but is not limited to, those with pets, large amounts of personal belongings, identifying as part of a multi-member household or self‐identify as LGBTQ, or non-binary.
For the purposes of these Guidelines, an Emergency Housing Site is a site which provides short-term, emergency-temporary housing to not more than 30 individuals using Emergency Sleeping Cabins (as defined in Appendix O of the California Building Code) and are duly approved by the City Council.
Packet Pg. 507 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 7 OPERATIONS/ADMINISTRATIVE
EHS must develop and post Good Neighbor Policies addressing the EHS premises and the immediate surrounding neighborhood. These policies must clearly show provisions for how the EHS actively discourages and addresses excessive noise or loitering from EHS participants and others who may be near the site. Where applicable, the EHS must demonstrate coordination with other service providers and community partners to address the above issues and their impacts. The Good Neighbor Policies will be submitted to the City for review and approval as part of the permit issuance process.
EHS must provide written notification to all property owners within a 600 foot radius of the proposed site.
Admission
All EHS must have clearly written and consistently implemented referral standards, admission policies, and hours for new participant admission. All EHS must accept new participant admissions (when EHS is open, and beds are available) Monday through Friday for at least a four-hour period daily. When feasible, admissions should be accepted on weekends. Regular hours for participant intake and discharge must be posted at all entry points.
Denial of Admission
Denial of admission to the facility can be based on the following and is at the discretion of the EHS:
• Applicant does not meet the basic eligibility criteria for EHS admission (e.g. gender, age, homeless status, domestic violence victim, etc.). EHS with beds designated by funding sources as having additional restrictions (e.g. VA beds that require advance approval by the VA) may deny entry to those not meeting funding agency requirements. • A restraining order that prohibits admission to the facility. • Documented violent or threatening behavior
• Conduct from prior stay at the EHS which puts the health and safety of staff or participants at risk (e.g. violence, weapons violations, disclosing confidential information of EHS or participants, and egregious damage to property). If an applicant is denied entrance based on a prior stay, the applicant must be informed of the reason, conditions for lifting the restriction and the right to appeal, including name of contact regarding an appeal and information about the appeal process.
• The applicant requires care and supervision to manage the activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without the appropriate support available on-site.
Participant Emergency Information
EHS staff must collect emergency contact information and information about health needs upon admission that may impact an emergency response. Such information should be kept in a place accessible to on-duty staff in the event of an emergency.
Packet Pg. 508 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 8 Intake
Upon admission, participants must be provided with copies of the following documentation:
• Participant rights and responsibilities
• Program rules
• Storage policy, including storage after discharge
• Medication storage policy
• Grievance Procedure
• Listing of available resources to help occupant exit to stable housing Database Management System
Upon 48 hours of entry into the program, data on all participants will be entered in the Homeless Management and Information System (HMIS), pursuant to the data standards required.
Participant files will be maintained in accordance with the requirements of (HMIS) operated by the NorCal Continuum of Care (NorCal COC). For complete information on HMIS Data Standards, contact the NorCal COC at 1450 Court Street, Suite 108, Redding, CA 96001, (530)225-5160.
Security
Security measures shall be identified to safeguard the participants, operators, staff and the surrounding community. These measures may include security personnel, lighting, common area video cameras, line of sight, and other elements, as necessary, to maintain a safe facility.
Participation in Religious Activities
EHS cannot require participation in religious activities as a condition of receiving emergency housing or services. Religious activities include moments of prayer, the saying of grace before meals, or spiritual studies. While these activities are not prohibited, participation in such activities may not be required.
Participant Responsibilities
Participants are required to participate in the operations and management of their site.
Participant Responsibilities must be provided to each participant in writing and signed by the participant upon admission and posted in the facility in a highly visible location. Participant Responsibilities must include:
• A clear description of all program rules and potential consequences for violations of these rules.
• A “Participant Agreement” policy which outlines expected behavior in order not to interfere with the rights of other participants.
• Expectations regarding efforts being made to exit the EHS into stable housing as quickly as possible.
Packet Pg. 509 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 9 Participant Rights
Participant Rights must be provided in writing and posted in the facility in high visibility areas. All program requirements must be consistent with these standards. Rights must include:
• Participants have the right to be treated with dignity and respect; • Participants have the right to privacy within the constrictions of the EHS environment; • Participants have the right to be treated with cultural sensitivity; • Participants have the right to self-determination in identifying and setting goals; • Services should be provided to participants only in the context of a professional relationship based on valid, informed consent;
• Participants should be clearly informed, in understandable language, about the purpose of the services being delivered, including participants who are not literate and/or have limitedEnglish proficiency; • Participants have the right to confidentiality and have information about when confidential information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law;
• Participants have the right to reasonable access to records concerning their involvement in the program.
Confidentiality
All EHS must have confidentiality policies which, at minimum, are consistent with Homeless Management Information System (HMIS) privacy and security requirements, make certain that files are kept in a secure or locked location, and ensure that verbal communication of confidential information is done in such a way that avoids unintended disclosure.
Non-Discrimination/Reasonable Accommodations
All EHS must have policies on non-discrimination and reasonable accommodation and make reasonable modifications in programs, activities and services when necessary to ensure equal access to individuals with disabilities, unless fundamental alteration in the nature of the program would result from the accommodation.
Transgender Access
All EHS must comply with the HUD Rule on Appropriate Placement for Transgender Persons in Single-Sex Emergency Housing Sites and Other Facilities. See link: Transgender Placements.
Participants’ Mail
If an EHS provides mail service, any mail sent or received cannot be interfered with (e.g. staff opening participants’ mail, not providing mail to the Participant as soon as practical, etc.).
Packet Pg. 510 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 10 Storage of Belongings
All EHS must have a written policy that is provided upon intake as to what provision is made for securing belongings including what possessions can be held by the program at Participant request such as money, medications, and vital documents.
If an EHS holds funds or possessions on behalf of participants, this service must be voluntary, the program must maintain a log of items in their possession, and the funds or possessions must be returned within operational hours upon the Participant’s request. Each EHS decides how specifically to make their log, with consideration to their liability. It is expected that the log would track only those belongings that participants choose to store with the program and not all possessions brought into the EHS. This does not apply to belongings abandoned by a person who does not return to the EHS; in that situation, please refer to Storage of Belongings After Discharge.
In order to maintain a community free of clutter, each participant is responsible for maintaining a tidy unit. EHS must provide lockable lockers, storage trunks or make other accommodations which allow participantsto securely store their belongings. Reasonable access by the participantsto their belongings must be provided. Waivers of the requirement that storage space be lockable can be requested if the physical layout of the EHS or other barrier does not allow for lockable space.
Medication
EHS may not administer or dispense medication and may not require participants to turn over medication, unless administered by a licensed staff person as part of an on-site supportive program in which an EHS participant is dually enrolled.
If an EHS has provisions for securing prescription medications it must have a written policy that is provided to an occupant upon intake detailing the EHS’s and the occupant’s responsibility to store, secure and use said medication safely. EHS may encourage participants to lock medications in secure storage areas if made available in order to protect medication from theft but may not require participants to turn over medication.
Universal Precautions
Staff must comply with universal precautions, proper sharps disposal and have a written policy in place governing protocols related to universal precautions.
First Aid
Basic first aid supplies must be available on-site and accessible to staff at all times.
Packet Pg. 511 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 11 Weapons
All EHS must have a weapons prohibition policy. Weapons include, but are not limited to, firearms, pepper spray, mace, knives, bats and clubs. EHS should use discretion when determining which types of knives should be prohibited. EHS may, but are not required to, have a mechanism for checking and storing weapons upon entry.
Smoking
EHS shall prohibit smoking indoors and reasonable efforts must be made to prevent smoke from entering buildings. No smoking should be allowed within 20 feet of EHS facilities unless this is infeasible due to layout of grounds. EHS are required to follow any local ordinances regarding smoking in public areas.
Accessibility
EHS and associated facilities must conform to all pertinent requirements of the Americans with Disabilities Act (ADA). See https://www.ada.gov/pcatoolkit/chap7Shelterchk.htm. Beds designated as accessible must comply with federal height and distance standards requiring a minimum of 36 inches between sleeping units and a sleeping surface height between 17-19 inches above the finished floor. Beds designated as accessible must be prioritized for participants with disabilities. EHS are encouraged to provide as many ADA accessible beds as possible, but it is not required or expected that all beds meet these requirements.
Program documentation must be provided in forms accessible to hearing-impaired and sightimpaired individuals, upon request.
EHS that provide transportation for participants must also make provisions for participants who need vehicles that are wheelchair accessible.
Emergency Response
All EHS must have an emergency response plan in place.
Infectious Disease
EHS are a valuable partner in public health and, as such, are responsible to report any suspicious of infectious disease within the EHS or when suspected or detected among any EHS participants or staff.
An infectious disease which significantly increases the risk or harm to other EHS participants or staff may be a reason for denial or discharge. Participants with lice or scabies or exhibiting symptoms of Tuberculosis (TB) shall be allowed to stay in the EHS unless the disease or infestation cannot be appropriately contained (e.g. due to close quarters of facility), in which case those participants may be discharged and referred to a health care provider for treatment.
Packet Pg. 512 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 12 Abuse Reporting
All EHS must have a policy that details any legal duties to report elder, dependent adult, child or animal abuse and a written plan and process for reporting such abuse to the appropriate reporting agency.
Drug and Alcohol Use/Possession
EHS must have a policy prohibiting the possession, use, or distribution of alcohol or illegal drugs on the premises. If alcohol or drugs are found, participants should be given the opportunity to dispose of the prohibited substance or leave the EHS for that night if they do not wish to dispose of the prohibited substance. A single violation of this policy cannot be a reason for discharge unless the violation compromises the health or safety of other participants or staff. Multiple violations of this policy may be used for grounds for discharge.
Admission, discharge, and service restriction policies must not be based on substance use or possession alone unless as noted above for multiple violations.
Drug testing of participants is prohibited unless the testing is part of an agreed upon treatment plan with the participant. Submission to drug testing cannot be a requirement for residency and refusal to participate in drug testing cannot be the basis for involuntary discharge.
Being under the influence on-site may not be the basis for discharge.
Noncompliance with treatment or containment measures that endangers other participants may be cause for discharge.
EHS must comply with California Code of Regulations, Title 8, Section 5199, regarding Aerosol Transmissible Diseases (ATD) control and worker and client safety expectations:
http://www.dir.ca.gov/title8/5199.HTML.
For additional guidance on this regulation and for information regarding best practices for control of infectious disease, please also refer to “Preventing Tuberculosis (TB) in Homeless Shelters” published by the Los Angeles County Department of Public Health:
http://publichealth.lacounty.gov/tb/docs/LATBGuidelinesforShelters.pdf Search of Possessions
All EHS must have a policy and procedures in place governing how and when searches of participants’ private possessions may be conducted. Searches may only be conducted when there is “probable cause” to believe that the person has in his or her possession something which may jeopardize the safety of other participants or staff, including a weapon, or illegal material, including illegal drugs, or something which is interfering with the peaceful enjoyment of the facility of other participants such as food that is attracting vermin. If the person does not consent to the search, and “probable cause” exists to search, the person may be given the choice of being discharged or being searched.
Packet Pg. 513 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 13 Storage of Belongings After Discharge
EHS must have a written policy for the storage of belongings after a participant exits, which must include, at a minimum, storage of belongings for at least five (5) working days after participants’ exit and a clear process for discharged participantsto reclaim their possessions. A copy of the policy must be provided to all participants at intake.
Discharge Reasons
The following reasons may be used as a basis for discharge from an Emergency Housing Site, and must occur on Emergency Housing Site premises:
• Possession of a weapon at the EHS
• Assault or other violent behavior.
• Theft.
• Destruction of property.
• Restraining order precludes continued residence.
• Participant behavior endangers health or safety of participants or staff. • Presence of infectious disease that significantly increases the risk of harm to other participants or staff.
• Multiple violations of the Drug and Alcohol Use/Possession policy. • Individual requires care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without appropriate supports available on- site. Individuals discharged due to care and supervision needs cannot be discharged to the streets. • Refusal of personal property search when probable cause exists.
Participants may be discharged for refusing multiple housing opportunities; however, evidence must be present that EHS staff actively attempted to engage the participant in services designed to support EHS exit to stable housing with consideration given to each participant's barriers to engagement.
EHS are not required to hold beds for longer than 72 hours. If a participant is absent from their bed for 72 hours without appropriate notification to EHS staff regarding absence, the participant may be discharged.
Discharge Requirements
All EHS must provide a written copy of the procedure for filing a grievance to the participant when a participant is involuntary discharged. If it is not feasible to provide the procedure at the time of discharge (e.g. the participant is being removed by law enforcement) this requirement may be waived; however, if the participant subsequently returns to the facility, the grievance procedure must be provided.
A participant may be denied future admission as a result of the circumstances of discharge. The participant must be informed of the reason, the conditions for lifting the restriction and the right Packet Pg. 514 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 14 to appeal, including whom to contact regarding an appeal and information about the appeal process.
Unless the participant poses an immediate threat to the health and safety of other participants and/or staff members, EHS should avoid discharging participants at night and must be approved by a supervisor if doing so. During hours that there is no supervisor on site, there must be a supervisor available “on-call” to approve discharge decisions. Approval may be given verbally but should be documented in case notes.
Grievance Process
All EHS must have a written appeal and complaint policy/protocol that is provided to each participant upon intake and is publicly posted in a location with high visibility to participants. At a minimum, the protocol must include:
• The opportunity for participants to present their case before a neutral decision-maker (a supervisor or manager who was not directly involved in the incident or situation of the grievance)
• Accommodation of third-party advocates in the appeal process. Reasonable efforts must be made to coordinate with a participant’s advocate in order to schedule the appeal. • A requirement that participants be given a written response to their appeal within a reasonable time frame.
• A provision that when a participant files an appeal related to his/her ability to stay in the EHS the occupant may stay in the EHS until the appeal process is completed unless allowing the participant continued residence poses a risk to the health and safety of other participants and/or staff.
• An appeals procedure that allows participants to appeal, at a minimum, decisions related to admissions denials for cause, terminations and disciplinary actions. • Provisions for providing participants with information about any subsequent appeals process available through program policies or any funding agency or their respective regulations.
Packet Pg. 515 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 15 PROGRAM
Hours
All EHS must post hours of operation in highly visible locations and at all entrances. If the EHS is open 24/7, participants must be allowed access to their possessions and to the facility common space at all times. If access to sleeping areas is not available during the day, accommodations should be made to allow access for those participants working irregular hours, those who are ill, etc. Specific accommodations will be defined in the Operations Plan. All EHS must provide facilities available to participants for sleeping for a minimum of eight (8) hours.
The EHS manager shall enforce quiet hours.
Curfew
This policy will be consistently enforced. Missing a curfew cannot be a reason for denial of entry or discharge unless the late arrival compromises the health or safety of other participants or staff, or if the participant’s late arrival repeatedly interferes with the rights of other participants to peaceful enjoyment of the facility.
Input
Programs shall provide participants with on-going opportunities to provide feedback and make suggestions regarding programming and rules. This can be accomplished in a variety of ways including exit interviews, surveys, one-on-one interviews, participant focus groups, inclusion of homeless or formerly homeless members on the agency board of directors or subcommittee, having homeless or formerly homeless people trained and hired as staff, and/or the creation of a Participants’ Advisory Council.
In addition to any other activities, EHS must host “participant optional” meetings once per month and provide at least 24 hours advance notice to participants of the meeting time and location.
Animal Care
Pet owners shall assume the responsibilities for caring for their animals. Water will be available.
Additional provisions may be provided at the site. Some sites may be unsuitable for pets. Pet owners are also responsible for administering all regular medications to their animals, apart from vaccinations.
The EHS reserves the right to refuse admittance to animals that appear too aggressive for the EHS to handle. Regardless of initial presenting temperament, enforcement of EHS rules to reduce the risk of bites and other injuries must be observed and include:
• All animals should be handled only by their respective owners or trained staff members; • All animals on EHS property should be leashed or confined (kenneled/carrier) at all times; • Participants should not handle or touch pets other than their own; and • All incidents involving aggressive animals are documented in writing prior to removal of the pet from the site.
Packet Pg. 516 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 16 Staff Requirements
EHS must have sufficient staff on duty at all times. EHS must make provisions to have on-call staff available.
EHS must have a supervisor/manager available on call to the program at all times for consultation to staff about challenging participant situations and other urgent matters. All EHS should have a consultation policy in place that outlines situations requiring consultation up the chain of command.
Food Storage/Service
Sanitary facilities
All EHS that either prepare and serve meals or provide areas for participantsto prepare and consume their own meals must ensure that all areas used for food storage and preparation are sanitary. Kitchen and dining areas must be kept clean and comply with all relevant health codes.
Donated Food
Programs that serve food prepared off site by regular donors must provide donors with a handout that details the requirements for food preparation. All food donors must read and sign the handout to confirm knowledge of the standards and must provide current contact information.
Programs are discouraged from accepting food that has been prepared off-site by intermittent donors.
Meal schedule
If meals are served, a meal schedule must be posted.
Dietary modifications
If meals are served or food is provided for participants to use to prepare their own meals, EHS must make dietary modifications and/or provide appropriate food options based on participants’ health, religious, and/or cultural practices. As feasible, food provided should promote healthy eating.
Dining facilities
EHS must provide a table and chairs if food is served.
Food allergies
Any snacks and meals provided should be provided with reasonable accommodations made for known allergies, including children, if residing in the EHS. Providers should be asking about food allergies at intake; however, it is the parents’ responsibility to inform the program of children’s food allergies.
Packet Pg. 517 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 17 Support Services
Case Management
Case management and supportive services focus on housing or directly supporting the goal of housing and should reflect the short-term nature of assistance toward housing placement.
Critical components in the provision of case management services include the following:
• Low Barrier practices
• Housing First
• Harm Reduction
• Trauma Informed Care
• Client-centered
• Culturally competent
The following case management services must be available to program participants receiving these services. To ensure the consistent delivery of case management services, operators must incorporate written case management procedures and forms that include the following:
• Referral Procedures: Establish referral and follow-up procedures to confirm participants are connected to services to which they are referred. Documentation of referrals made and referral confirmation must be maintained in participant files. • Health and Wellness referrals: Ensure participants are linked to and assisted in accessing medical health, mental health, and any needed alcohol and drug services. • Mainstream Benefits: Establish procedures for screening participants at program entry and intake for eligibility to mainstream benefits. Assisting participants by coordinating the completion and submission of applications for public benefits and entitlements (e.g., general assistance, SNAP, SSI/SSDI, Veteran benefits) health insurance benefits (e.g., Medi-Cal, Medicare, Covered California, etc.), and other sources of financial assistance.
• Education/life skills.
• Employment Development/Placement Programs: Assessing employment history and goals and assisting participants to engage in services that will prepare the individual to obtain employment in collaboration with participating agencies.
Housing Case Management
Participants must be offered, and are required to participate in, services they need in order to attain and stabilize in permanent housing. Case management must be conducted on a regular basis and the EHS must document content and outcome of case management meetings. Core services will include:
• Development of an individualized service plan based on needs, circumstances and market conditions, focused on helping individuals find and keep permanent housing and linkages to other community based supportive services as needed.
Packet Pg. 518 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 18 • Creating a referral network for other services and coordinating with other services providers and case managers.
Housing Navigation
Housing navigation services must provide ongoing engagement and support in order to facilitate a match to an appropriate permanent housing placement. Housing navigation objectives will include:
• Connecting participants to needed resources;
• Buffering participants from the stress of navigating housing access; and • Supporting participants in managing their own lives within the scope of their resources and abilities.
Core Navigation Services:
• Housing location and counseling services to identify the most appropriate housing placement;
• Establishing relationships with private and public owners and rental agencies willing to provide permanent housing to clients;
• Assisting with housing applications and appeals, and negotiating rental agreements; • Facilitating shared housing opportunities in community-based housing and through master leasing; and
• Assisting with the move-in process, including identifying resources for basic furnishings, accessibility modifications, or other expenses.
Health services access
EHS staff will encourage participants to obtain and maintain health insurance, obtain a primary care provider and access immunization service. This must include publicly posting or otherwise making available information on health-related services.
Recordkeeping
EHS must have written intake and client record keeping procedures and files that include intake interviews and records of services provided.
Assessment
A basic assessment that includes an evaluation of the service needs of the occupant, information about past or current services received and other information necessary to provide services must be conducted or updated for all occupants.
Transportation
Transportation is required to help participant’s access essential services such as, community-based services, medical services and housing searches. Shuttle service, bus passes and car services such as Uber and Lyft may be utilized. Accommodations must be made for disabled persons who are unable to access general means of transportation.
Universal Accessibility to transportation must be made available, such as RABA, the use of bicycles, or forms or transportation.
Packet Pg. 519 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 19 FACILITY
Basic Building Standards and Fire Safety
All facilities must comply with HUD Emergency Solution Grants facility standards (HUD ESG Facility Standards) and local applicable building and fire codes. Evidence of compliance with local codes must be provided.
Facilities must have annual fire inspections conducted by the fire department and conduct regular fire drills. Training must be provided to staff on fire safety.
Safety Standards
EHS must comply with state and local health, environmental and safety standards.
Amenities
• The EHS must have a heating and ventilation system and maintain a comfortable temperature.
Emergency Sleeping Cabins will comply with Appendix O of the California Building Code. • The EHS shall have a housekeeping and maintenance plan to ensure a safe, sanitary, clean and comfortable environment.
• The EHS shall provide each person with access to a single or double occupancy emergency sleeping cabin with a mattress and bedding, (a blanket and pillow), all of which are clean and in good repair.
• The EHS shall have a sufficient supply of functionally clean and reasonably private toilets and hand wash basins, with hot and cold running water and that meet the requirements of the Americans with Disabilities Act.
• The EHS should have a sufficient quantity of functionally clean and reasonably private bathing facilities with hot and cold running water or will provide for access to bathing facilities at least twice per week through contract or other means. All bathing facilities must meet the requirements of the Americans with Disabilities Act.
• The EHS should have laundry facilities available to residents, or access to laundry facilities nearby or transportation to laundry facilities will be provided or nearby. • The EHS shall provide towels, soap, and toilet tissues.
Drinking Water
EHS must provide access to drinking water at all times.
Outlet Access
EHS must provide access to electrical outlets for charging personal devices such as cell phones and medical equipment. Emergency Sleeping Cabins must have outlets as required by California Building Code Appendix O.
Packet Pg. 520 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 20 Cleanliness
Resident Participation - Bath/toilet areas, hallways, and other common use areas must be cleaned daily. EHS must have proper trash receptacles that are emptied regularly.
Both the interior and exterior of the facility must be free of debris, clutter, and unsanitary items and there must be no obvious safety risks.
Pest Control
EHS must ensure adequate provision of pest control services.
EHS must have a protocol in place for the prevention and control of bed bugs. (See https://www.cdc.gov/parasites/bedbugs/ for best practices related to bed-bug prevention). 24-hour notice must be provided to participants of pest control activities unless the type and degree of infestation requires an immediate response (e.g. bed bugs).
Maintenance/Repair
Facilities must be maintained in good repair. The general appearance of the buildings and surrounding grounds must be well maintained and free from litter and offensive visual ques such as overladen shopping carts. There must be a written housekeeping and maintenance plan.
EHS must post the process for reporting maintenance concerns, acknowledge issues reported within two days, and identify the timeframe for addressing the concern. Emergency maintenance items must be immediately addressed.
Phone Access
A telephone (land line or cell phone) must be available to staff for emergencies. Emergency numbers should be posted by the telephone or otherwise made available to on duty staff. Es must take emergency phone messages and messages from service providers for participants in residence.
Hazardous Materials
In accordance with established standards, EHS must label all chemicals and cleaning supplies and keep all such materials out of reach of children. Any hazardous materials must be stored separate from food.
No fires, including cooking or warming fires will be allowed on site at any time.
Entrance/Exits
Exits must be clearly marked and must be kept clear of blockage and tripping hazards.
All steps must have handrails as required by applicable codes. Steps must have treads or similar accommodation to prevent slipping.
Exit signage must be consistent with all applicable codes.
Packet Pg. 521 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) City of Redding Administrative Guidelines Emergency Housing Sites 21 Agency Vehicle
If an EHS location maintains a vehicle used for participant transport, the vehicle must be properly maintained, licensed and insured. All drivers must be properly licensed. Provisions must be made to provide equal access to transportation services to disabled participants.
Packet Pg. 522 Attachment: Administrative Guidelines (9.2(d)--Good News Rescue Mission Emergency Housing Site) 1 Good News Rescue Mission
Micro-Shelter Community (MSC)
Operations and Services Manual
Packet Pg. 523 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 2 GUIDING PRINCIPLES FOR REDDING MICRO - SHELTER COMMUNITIES (MSCs)
1. The Micro-Shelter Community (MSC) will provide an atmosphere of dignity and respect for all participants.
2. MSC residents must participate toward increasing levels of self-reliance and selfdetermination. MSC staff will work with residents to assist them in achieving their goals.
3. The health and safety of residents, volunteers, staff, and the surrounding community should be safeguarded within each MSC.
4. Each MSC shall create equal opportunities for all persons needing emergency housing services by prohibiting discrimination due to religious affiliation, race, color, national origin, ancestry, political or religious beliefs, language, disability, family composition, gender identity and/or sexual orientation.
5. Protecting the privacy of the MSC residents and their personal information is required.
6. People who are experiencing homelessness may use substances to varying degrees. Admission, exit, and service restriction policies must be based on substance use alone, unless otherwise specifically provided for in this manual.
7. In order to provide effective MSC programs and services, residents must be offered opportunities to provide input and feedback in service provision and program planning for the program in which they participate.
8. MSC exits to stable housing through supportive services will occur within 10 months. Barriers to engagement will be considered to help assist residents to find stable housing with supportive services, if possible.
9. Equal opportunity and standardized procedures will be utilized when determining eligibility, admissions, sanctions, and dismissals, and when resolving grievances.
10.All program participants are entitled to enjoy the maximum amount of privacy within the constrictions of the MSC environment and program.
11.MSCs are part of a larger network of homeless services and agencies.
Collaboration within this network is essential to ensure effective and coordinated services.
12.All residents must be briefed and must sign an agreement to uphold the rules and guidelines for the MSC. Criteria for unacceptable behavior onsite includes but is not limited to persistent disruptive behavior, theft, use of alcohol or illegal drugs on site, or violence against yourself or others.
Packet Pg. 524 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 3 Redding Micro - Shelter Communities (MSCs) Operations and Services Manual Index CONTENTS:
1. Introduction
2. Roles and Governance
3. MSC Support Services
4. Operations - Administrative
5. Admissions, Non - Discrimination, and Resident Rights & Responsibilities
6. MSC Security Plans
7. Exiting Procedures
8. Grievance, Intervention Plan, and Involuntary Discharge
9. Safety Plan
10.Food Handling and Storage
11.Storage of Belongings
12.Animal Care
13.Medication and Standard Precautions
14.Alcohol, Drugs, Smoking, and Paraphernalia
15.Couples
16.Health and Sanitation
APPENDICES
A. Consultation Policy (Ref: #2.G).
B. Good Neighbor Policy (Ref: #4.A).
C. Application and Intake Questionnaire
D. Background Check & References
E. Appeal Form (Ref: #5.E.iv).
F. Resident Rights and Responsibilities (Ref: #5.I-J).
G. Resident Community Agreement (Ref: #5.F).
H. Grievance Document (Ref: #8).
I. Grievance Notice (Ref: #8).
J. Emergency Response Plan (Ref: #9).
K. Pet Ownership Agreement (Ref: #12).
L. Notice of Privacy Practices (Ref: #5.I.i).
M. Abuse Reporting Document (Ref: #8.B).
N. Drug and Alcohol Agreement (Ref: #14.B).
O. Housekeeping and Maintenance Plan (Ref: #9.N).
P. Donated Food Safety Standards Agreement (Ref: #10.B).
Packet Pg. 525 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 4 1. INTRODUCTION
The Redding City Council adopted a resolution June 15, 2021, declaring a Shelter Crisis and established the criteria for permitting Emergency Housing Sites (EHS), hereafter referred to as Micro Shelter Communities (MSCs).
MSCs are operated by a host entity providing temporary accommodations in micro-shelters (non-buildings), not to exceed three hundred (300) days in any twelve-month period, for homeless individuals. For purpose of this definition, a “host entity” shall mean an organization which contracts with recognized community organizations to provide temporary shelter, counseling, and other services, as well as common areas for residents of the facility. A “micro-shelter” shall mean a shelter that is not constructed as a residential living unit per the California Residential Building Code; for example, emergency sleeping cabins (micro-shelters).
The City of Redding authorizes MSCs to provide transitional low-barrier housing opportunities to adults in a safe, private, and secure environment. Through an array of on-site supportive services, community engagement, and direct contributions to the MSCs, residents are supported to build stability and selfsufficiency while bridging from homelessness to permanent housing.
Each MSC site will be owned or leased by the MSC host entity who is responsible for the day-to-day operations and property maintenance.
Residents will be coached and positioned to be responsible for much of the management of the MSC, providing the following benefits:
● Expanded staff capacity and flexibility
● Sense of place and ownership
● Increased self-reliance
● Skill building
Examples of MSC management include:
● Security and on-site gatekeeping
● Outreach
● Maintenance
● Operations (scheduling, tours, new resident orientation, resident exiting process, rules enforcement, etc.).
Packet Pg. 526 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 5 2. ROLES AND GOVERNANCE
A. Probationary Resident: A new resident undergoing a four-week trial period, to make sure that they can follow the Community Agreement before being fully accepted as a Resident in the MSC.
B. Resident: An individual or couple who currently resides in a micro-shelter at the MSC.
C. Lead Advocate: A volunteer from the MSC Team or community partner organization who takes primary responsibility for accompanying a particular resident on their journey through the MSC program. Lead Advocates may be assigned to couples but are discouraged from serving as Lead Advocate for two residents of the same MSC at the same time.
D. MSC Team: The MSC Team is to provide oversight, direction, and means for the ongoing development of its residents through the program and for the maintenance of the MSC. This team includes representatives from the Good News Rescue Mission, staff, churches, volunteers of the MSC, and MSC residents. This team establishes a long-term friendship with a resident. They provide support to the case manager and the resident in accomplishing their life transition and housing plan. Members of the MSC Team (case manager, site coordinator, and program manager) will be responsible for financial, legal, administrative, safety, and sanitation matters. The MSC Team must meet at least monthly, and all residents must be informed of the meeting schedule and invited to attend.
E. MSC Safety Committee: (Ref: #9.C).
F. MSC Case Managers: (Ref: #3.A-B).
G. Staff Requirements: MSC must have sufficient staff on duty at all times. MSCs must make provisions to have on-call staff available. On-Site Caretaker will contact On-Call Supervisor, if needed.
Staff Schedule:
Case Manager: Monday - Friday (8:30am - 5:00pm)
Weekend Staff: Saturday-Sunday (10:00am-7:00pm)
On-Site Caretaker: Monday-Friday (5:00pm-9:00pm)
Night Crew: Everyday (9:00pm - 5am)
On-Call Manager: Will be contacted by staff immediately if an issue is unable to be resolved or contacted by residents when needed, if other staff is not onsite.
Packet Pg. 527 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 6 While efforts should be made to allow residents to negotiate daily challenges as part of their program, MSCs must have a supervisor or manager available on call to the program at all times for consultation to staff about challenging resident situations and other urgent matters. All MSCs should have a consultation policy in place that outlines how and when contacts should be made up the chain of command. (See Appendix A for Consultation Policy).
MSC must have at least one staff person on duty (on-site or on-call at all times).
Paid, On-Site Caretaker or Volunteer designee will be on-site or available by phone 24 hours a day, 365 days per year.
At least one staff person will be on-site an average of 4-8 hours per day. When no staff person is on-site, the 24-hour hotline will be used to ensure access to immediate response for residents, volunteers, and members of the neighborhood who might encounter pressing concerns. This hotline number can be found in the Consultation Policy (Ref Appendix A). Calls to the 24-hour hotline number will be directed to the current on-call individual who will sign up to receive those calls during their on-call shift. This person must be located within a 15-minute drive from the MSC for prompt response to any issues requiring an on-site response.
Packet Pg. 528 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 7 3. MSC SUPPORT SERVICES:
A. Case Management and Support Services.
In order to make maximum use of existing supportive services in the community and participate in efforts to coordinate care across agencies, the MSC will arrange for professional case management services for the residents of their MSC. The agency providing these services must be registered as a Participating Agency according to the NorCal CA 516 Homeless Continuum of Care’s HMIS Policies and Procedures Manual. https://www.norcalunitedway.org/hmis Support services include information and linkages to health resources, case managers, employment opportunities, financial budget education, application assistance for external services and resources, and guidance in accessing local community services. Intake and exit events will be entered into HMIS for each resident.
Case managers will help each resident to develop a life transition and housing plan. This plan will help residents identify challenges and provide services for them to choose from in order to gain self-sufficiency and permanent housing. The case manager will help the residents develop a timeline around their goals and identify services and resources that will help accomplish goals. The GNRM Team will partner with the residents in conducting regular evaluations and updates of their life transition and housing plan.
The following case management services must be available to program participants receiving these services. To ensure the consistent delivery of case management services, operators must incorporate written case management procedures and forms that include the following:
i.Referral Procedures: Establish referral and follow-up procedures to confirm participants are connected to services to which they are referred.
Documentation of referrals made and referral confirmation must be maintained in participant files.
ii. Health and Wellness referrals: Ensure participants are linked to and assisted in accessing medical health, mental health, and any needed alcohol and drug services.
iii. Mainstream Benefits: Establish procedures for screening participants at program entry and intake for eligibility to mainstream benefits. Assisting participants by coordinating the completion and submission of applications for public benefits and entitlements (e.g. general assistance, SNAP, SSI/SSDI, Veteran benefits) health insurance benefits (e.g. Medi-Cal, Medicare, Covered California, etc.), and other sources of financial assistance.
iv. Education/life skills
v. Employment Development/Placement Programs: Assessing employment history and goals and assisting participants to engage in services that will prepare the individual to obtain employment in collaboration with participating agencies.
Packet Pg. 529 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 8 B. Housing Case Management.
Residents must be offered, and are required to participate in, services they need in order to attain and stabilize in permanent housing. Regular case management services must be documented based on the Record Keeping policy (Ref #4.B.v). i. Development of an individualized service plan based on needs, circumstances, and market conditions, focused on helping individuals find and keep permanent housing and linkages to other community based supportive services as needed.
ii. Creating a referral network for other services and coordinating with other service providers and case managers.
iii. Housing navigation services to facilitate a match to an appropriate housing placement that connects residents with needed resources, protects residents from the stress of navigating housing access, and supports residents in managing their own lives within scope of their available resources and abilities.
iv. Housing support will include locating the most appropriate housing placement, establishing relationships with private and public owners and rental agencies, assisting with housing applications and appeals and negotiation of rental agreements, facilitating shred housing options, and assisting with the move in process, including identifying resources for basic furnishings, accessibility modifications, or other expenses.
C. Database Management System.
Within 48 hours of the initial case management meeting, and as part of the case management protocol, data on all residents will be entered or updated in the Homeless Management and Information System (HMIS), pursuant to the data standards required. Resident files will be maintained in accordance with the requirements of (HMIS) operated by the NorCal Continuum of Care (NorCal CoC).
For complete information on HMIS Data Standards, contact the NorCal CoC at 1450 Court Street, Suite 108, Redding, CA 96001, (530) 225-5160.
D. Workshops and Learning Opportunities.
Workshops and learning opportunities will be offered on or off-site, facilitated by the Good News Rescue Mission or provided by partner agencies or volunteers.
Residents will have the opportunity to engage in various workshops and trainings supporting their life transition and housing plans. Workshops and learning opportunities will apply to day-to-day life, resulting in long-term sufficiency. The determination of the workshop schedule will be based on the needs of the residents and may include (not exhaustive):
● Skill acquisition: internships, on-the-job training at local businesses, workshops, etc.
● Employment: resume building, and job search techniques Packet Pg. 530 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 9 ● Financial literacy
● Nutrition
● Conflict management, communication, and relationship building workshops
● Community service activities
● Pet health
The MSC Team will be responsible for the coordination of these services and will provide a regular calendar of events to residents and partners.
Packet Pg. 531 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 10 4. OPERATIONS - ADMINISTRATIVE
A. Good Neighbor Policy. Develop and post Good Neighbor Policies addressing the MSC premises, immediate surrounding neighborhood, and community:
Community collaboration, mutual goals, safety, property guidelines, code of conduct, and regular communications. These policies must clearly show provisions for how the MSC actively discourages and addresses excessive noise or loitering from MSC residents and others who may be near the site. Where applicable, the MSCs must demonstrate coordination with other service providers and community partners to address the above issues and their impacts. The Good Neighbor Policies will be submitted to the City for review and approval as part of the permit issuance process. The Good News Rescue Mission will provide written notification to all property owners within a 600-foot radius of the proposed site. (See Appendix B for Good Neighbor Policy).
B. Program Policies and Guidelines.
i. Hours. All MSCs must post hours of operation in highly visible locations and at all entrances. If the MSC is open 24/7, residents must be allowed access to their possessions and to the facility common space at all times.
If access to sleeping areas is not available during the day, accommodations should be made to allow access for those residents working irregular hours, those who are ill, etc. Specific accommodations will be defined in the Operations Plan. All MSCs must provide facilities available to residents for sleeping for a minimum of eight (8) hours.
The MSC Manager shall enforce quiet hours. Quiet hours are from 10:00pm-7:00am. These hours have been established based on standard residential neighborhood quiet hours.
ii. Curfew. Curfew is 9:00 pm to accommodate work schedules and keep in line with quiet hours. This policy will be consistently enforced. Missing a curfew cannot be a reason for denial of entry or exit unless the late arrival compromises the health or safety of other residents or staff, or if the resident's late arrival repeatedly interferes with the rights of other residents to peaceful enjoyment of the facility.
iii. Input. The MSC Team shall provide residents with on - going opportunities to provide feedback and make suggestions regarding programming rules.
This can be accomplished in a variety of ways including exit interviews, surveys, one-on-one interviews, resident focus groups, inclusion of homeless or formerly homeless members on the agency board of directors or subcommittee, having homeless or formerly homeless people trained and hired as staff.
In addition to any other activities, MSC Teams must host “resident optional” meetings once per month and provide at least 24 hours advance notice to residents of the meeting time and location.
Packet Pg. 532 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 11 iv. Health Services Access. The MSC Team will encourage residents to obtain and maintain health insurance, obtain a primary care provider and access immunization services. This must include publicly posting or otherwise making available information on health-related services. v. Record keeping. The MSC must maintain thorough and organized client records, including intake interviews, services provided, and any grievances or disciplinary action related to the client. These files may be kept electronically, in physical form, or a combination. MSC resident records must be stored in a secure and locked area, accessible only to case managers and members of the MSC Team.
Records should include; demographics, program operations and maintenance, residents’ individual progress, metrics to measure levels of success, budget and sustainability, partnerships, and community involvement. Records an MSC may also wish to include: resident’s presence and absence, visitor logs, chore logs and sign-ups, medication logs, services provided to residents at the MSC, and other records as determined by the MSC Team.
vi. Assessment. A basic assessment that includes an evaluation of the service needs of the occupant, information about past or current services received and other information necessary to provide services must be conducted or updated for all occupants.
vii. Transportation. Transportation is required to help resident’s access essential services such as, community-based services, medical services and housing searches. Shuttle service and bus passes may be utilized.
Accommodations must be made for disabled persons who are unable to access general means of transportation. Universal accessibility to transportation must be made available, such as RABA, the use of bicycles, or forms of private transportation.
Packet Pg. 533 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 12 5. ADMISSIONS, NON-DISCRIMINATION, AND RESIDENT RIGHTS & RESPONSIBILITIES:
A. Application Process:
i. Application and Intake Questionnaire. Ref: Appendix C ii. Background Check and References. Ref: Appendix D
iii. Resident Community Agreement. Ref: Appendix G
B. Proposed candidates. Proposed candidates for MSCs will be sought from social service providers, law enforcement, and Good News Rescue Mission’ s various programs.
C. Probationary period. The MSC Team reserves the right to choose residents for an initial probationary period.
D. Admission. With assistance from the partnering professional case management agency, the MSC will strive to adhere to current Coordinated Entry standards as set by the NorCal 516 Continuum of Care (CoC) with regard to their referral and admission process. Appropriate modifications to this standard will be implemented based on the specific amenities, capacities, and limitations of a particular MSC site and the needs of its current residents. When there is a vacancy in the MSC, the MSC Team will work to fill it with as much speed as an intentional process allows. When feasible, admissions should be accepted on weekends.
E. Denial of Admissions. Denial of admission to the facility can be based on the following and is at the discretion of the MSC:
i. Applicant does not meet the basic eligibility criteria for MSC admission (e.g. gender, age, homeless status, domestic violence perpetrator, etc.). MSC with beds designated by funding sources as having additional restrictions (e.g. VA beds that require advance approval by the VA) may deny entry to those not meeting funding agency requirements.
ii. A restraining order that prohibits admission to the facility. iii. Documented violent or threatening behavior.
iv. Conduct from prior stay at the MSC which puts the health and safety of staff or residents at risk (e.g. violence, weapons violations, disclosing private information of MSC or residents, and egregious damage to property). If an applicant is denied entrance based on a prior stay, the applicant must be informed of the reason, conditions for lifting the restriction and the right to appeal, including name of contact regarding an appeal and information about the appeal process. All such exits should be documented and saved in a case file.
v. The applicant requires care and supervision to manage the activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking, and transferring) without the Packet Pg. 534 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 13 appropriate support available on-site.
F. Upon admission. Residents must be provided with copies of the following documentation:
i. Resident Rights and Responsibilities. Ref: #5. I-J (Appendix F) ii. Resident Community Agreement. (Appendix G)
iii. Storage Policy. Ref: #11
iv. Medication Storage Policy. Ref: #13.A
v. Grievance Response Plan. Ref: #8 (Appendix H, Appendix I) vi. Emergency Response Plan. Ref: #9 (Appendix J)
vii. Pet Policy. Ref: #12 (Appendix K)
viii. Notice of Privacy Practices. Ref: #5.I.i (Appendix L) ix. Abuse Reporting Document. Ref: #8.B (Appendix M)
x. Drug and Alcohol Agreement. Ref: #14.B (Appendix N)
G. Resident Emergency Information. MSC staff must collect emergency contact information and information about health needs upon admission that may impact an emergency response. Such information should be kept in a place accessible to on-duty staff in the event of an emergency.
H. Discrimination. Redding MSCs shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age (18 and over), national origin (ancestry) disability (as permitted within physical limits of current facilities), marital status, sexual orientation, military status, or any other characteristic protected under applicable federal or state law, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, selection of MSC residents, and provision of services. We are committed to providing an inclusive and welcoming environment for all MSC residents and members of our staff, clients, volunteers, subcontractors, and vendors.
I. Resident Rights.
i. Privacy: All paid and volunteer staff will protect the privacy of residents and never discuss private resident information with other residents or other staff without the explicit consent and presence of the resident under discussion.
Residents will have a privacy agreement to read and have it explained to them verbally before signing.
All MSCs must have privacy policies which, at minimum, are consistent with Homeless Management Information System (HMIS) privacy and security requirements, make certain that files are kept in a secure location, and Packet Pg. 535 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 14 ensure that verbal communication of private information is done in such a way that avoids unintended disclosure.
ii. Abuse Reporting. The MSC Team will complete a sexual harassment prevention training course online. The team will provide residents with procedures and examples for reporting abuses during their initial orientation. A written protocol to report any known abuse to staff will be provided to each resident and posted on the MSCs bulletin boards. iii. Participation in Religious Activities. MSCs cannot require participation in religious activities as a condition of receiving emergency housing or services. Religious activities include moments of prayer, the saying of grace before meals, or spiritual studies. While these activities are not prohibited, participation in such activities may not be required.
iv. Rights. Resident rights must be provided in writing and posted in the facility in high visibility areas. All program requirements must be consistent with these standards. Rights must include:
a. Residents have the right to be treated with dignity and respect; b. Residents have the right to privacy within the constrictions of the MSC environment;
c. Residents have the right to be treated with cultural sensitivity; d. Residents have the right to self-determination in identifying and setting goals;
e. All paid or volunteer staff members of the MSC must engage with residents with professionalism and base their service to residents on valid, informed consent;
f. Residents should be clearly informed, in understandable language, about the purpose of the services being delivered, including residents who are not literate and or have limited English proficiency;
g. Residents have the right to privacy and have information about when private information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law; h. Residents have the right to reasonable access to records concerning their involvement in the program.
v. Non-Discrimination/Reasonable Accommodations. All MSCs must have policies on non - discrimination and reasonable accommodation and make reasonable modifications in programs, activities and services when necessary to ensure equal access to individuals with disabilities, unless fundamental alteration in the nature of the program would result from the accommodation.
vi. Transgender Access. All MSCs must comply with the HUD Rule on Packet Pg. 536 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 15 Appropriate Placement for Transgender Persons in Single-Sex Emergency Housing Sites and other facilities.
vii. Residents’ Mail. If an MSC provides mail service, any mail sent or received cannot be interfered with (e.g. staff opening residents’ mail, not providing mail to the resident as soon as practical, etc.).
J. Resident Responsibilities.
i. MSC residents are encouraged to participate in the operations and management of their site and in the process of fulfilling their life transition and housing plan.
ii. Residents must abide by the MSC non - discrimination policy in their interactions with other residents. They must show respect for the property of others and report incidents of theft.
iii. Residents must abide by the Weapons Policy and the Drug and Alcohol Policy of the MSC. (Ref: #6.B, #14).
iv. Residents must abide by all site rules, including but not limited to upholding quiet hours, keeping personal and shared spaces clean and orderly, supervising pets, and helping to maintain the no-visitors and no loitering policies.
v. Residents are encouraged to participate regularly in resident meetings to discuss ideas, share concerns, and determine solutions. vi. Residents will notify staff of any needed repairs and will not make any modifications or repairs to shelters or equipment, including but not limited to locks, lighting, and smoke detectors.
vii. Residents are expected to cooperate and collaborate in the shared goal of moving all residents toward fulfillment of their life transition and housing plans. All residents will support one another toward a positive exit into the next phase of recovery, rehabilitation, and or permanent housing.
Packet Pg. 537 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 16 6. MSC SECURITY PLAN
A. Access. Security measures shall be identified to safeguard the residents, operators, staff, and, the surrounding community. Security measures may be adapted to fit current needs of the MSC but must include adequate outdoor lighting.
Access. The MSC shall be fully fenced with privacy slats, and all gates will remain locked outside of business hours, Monday-Friday 7:00 am-6:00 pm. Residents and vetted staff persons, including staff of the Good News Rescue Mission, shall have access to the MSC 24 hours a day, 365 days a year.
Individuals who are not residents, staff, volunteers, and service providers of the MSC, and are not accompanied by a staff person are not permitted to enter the MSC at any time.
B. Weapons. The health and safety of our residents, staff, volunteers, and surrounding community must be prioritized in the context of the Micro-Shelter Community. Therefore, weapons may not be stored, transported, or used on-site at the MSC. Weapons include but are not limited to, firearms, pepper spray, mace, knives longer than three inches, bats, clubs, and tasers.
C. Resident Visitors and Guests. MSC residents should be focusing on their program toward a new, sustainable lifestyle. Visitors and guests could be a distraction from this effort and are prohibited from visiting the MSC or its surrounding neighborhood. Infrequent exceptions to this policy are permitted at the discretion of the MSC Team.
D. Security Responses (Ref: Appendix A, Consultation Policy). There are three stages of response for maintaining a secure and orderly environment within the MSC:
Stage 1: MSC Residents. MSC residents are responsible for maintaining order when urgent situations arise.
Stage 2: MSC Team. When MSC residents are unable to gain the cooperation of a disruptive resident, they are to contact the appropriate person from the MSC Team.
Stage 3: Redding Police Department. The Redding Police Department (RPD) is welcome to patrol the MSC as they would any other neighborhood in Redding. In cases where the law is being broken and residents are unable to gain cooperation of the offender, the RPD will be contacted. The previous two stages of response are to be tried first, if appropriate.
Packet Pg. 538 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 17 7. EXITING PROCEDURES
Preparations before departure and follow-up thereafter increases the likelihood of successful transitions from MSCs to more permanent housing options.
Over a period of time, case managers, lead advocates, and other supportive team members provide services to help residents achieve their individual goals, which may include recovery, economic and social mobility, and increased quality of life, in order to move to more stable housing.
Before departure is discussed with case managers and lead advocates, residents should receive assistance with identifying suitable housing options, completing application paperwork, seeking financial assistance, and practicing proper conduct when speaking with landlords.
A. MSC responsibilities at the time of resident departure. i. Special recognition of each resident acknowledging their accomplishments, such as a certificate, festive gathering for celebration, opportunities to share completed goals and future goals, etc. should be considered and implemented as appropriate.
ii. Ensure that resident has collected all personal belongings, including medications and any stored/checked items that must be checked out using the Storage procedure listed below (Ref: #7.B).
iii. Conduct an exit interview with several MSC Team members, to include review of resident’s future goals, community resource information applicable to the resident, and follow-up plans between the resident and the MSC Team. The exit interview should also include opportunity for the resident to provide feedback on all aspects of their MSC experience.
B. Storage of Belongings after Exit
The MSC must provide for storage of belongings after a resident’s departure for a minimum of five working days after the resident’s exit. Before exiting, both the resident and a representative of the MSC Team must sign a document agreeing on the length of storage, clear procedures for residents to reclaim their possessions, and an explanation of the Abandonment procedures (Ref: #8.K) which will go into effect no fewer than 72 hours past the expiration of the agreedupon storage period.
C. Preparing the MSC for a new resident. Vacated micro-shelters and personal storage units/areas must be cleaned and sanitized before a new resident can move in.
Packet Pg. 539 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 18 8. GRIEVANCE, INTERVENTION PLAN AND INVOLUNTARY DISCHARGE A. Complaints.
i. When a complaint is cause for concern, the MSC manager will meet with said resident and discuss a plan of action to curtail the behavior. Hopefully early intervention will help prevent further and more severe action. ii. In cases of a complaint by one resident against another, a third-party mediator from among the MSC Team will meet with both parties (and their Lead Advocates, if desired). This mediator will meet with the complainant and the alleged offender to discuss the issue and reach a resolution that is agreeable to both parties.
iii. Whenever possible, residents should discuss and resolve complaints and disputes among themselves. As needed, verbal or written complaints may be submitted to the MSC Team or on-call site manager, who will refer to the Consultation Policy to determine next steps.
B. Abuse Reporting.
All MSCs must have an abuse reporting policy that details communal responsibilities to report sexual, emotional, and verbal abuse and to whom it should be reported. This policy must also explain residents’ legal duties to report elder, dependent adult, child or animal abuse and a written plan and process for reporting such abuse to the appropriate reporting agency.
C. Rule and Violations.
i. When a rule break occurs, any resident may write an Incident Report and submit it to an MSC Team member. A team of at least two MSC Team members must respond within 48 hours with an appropriate level of intervention. These two team members should deliver written notice to the alleged offender. From there, the alleged offender has two options:
a. Accept the Incident Report with the proposed level of intervention. b. Request that the MSC Team provide a date at which they may appeal the decision to the MSC Team.
D. Guidelines for Infractions.
● Level 1 - Verbal Warning
● Level 2 - Written Warning
● Level 3 - Potential expulsion from the MSC by the MSC Team pending final meeting with mediator, the resident’s lead advocate and one other MSC Team member.
● Mediation and consulting with the resident about the infraction will be timely, with the intent to correct behavior to keep the resident at the site. Expulsion will be a Packet Pg. 540 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 19 last-resort option.
Packet Pg. 541 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 20 E. Documentation. Formal and documented intervention decisions should include documented discussion by MSC Team members.
F. Expulsion. In cases of expulsion from the MSC, where the resident is not an imminent threat to others, the resident to be expelled will be given a reasonable amount of time to make arrangements for their safety. If discharge must happen during evening hours, a supervisor or law enforcement must give documented approval.
G. Appeals.
i. Residents may appeal an Incident Report at a joint gathering of the MSC Team. In cases of expulsion, the appeal may include resident-generated actions for addressing the problematic behavior that caused their expulsion rather than disputing the incident. A majority vote will either uphold the expulsion decision or determine an alternative plan incorporating suggestion from the resident and the MSC Team.
H. Appeal Process.
i. The MSC Team reads incident report and informs resident of their decision. ii. Accused has a chance to respond and state their case. iii. The MSC Team has a chance to ask questions of the accused. iv. The MSC Team has opportunity to discuss the details of the incident. v. A motion is made to vote on whether to “uphold” or “revise” the decision. vi. If a majority vote to revise, a new motion should be made stating a desired revision.
I. Involuntary Exit Reasons.
The following reasons may be used as a basis for exit from an MSC:
i. Possession of a weapon at the MSC.
ii. Assault or other violent behavior at the MSC.
iii. Theft at the MSC.
iv. Destruction of property at the MSC.
v. Restraining order precludes continued residence.
vi. Resident behavior endangers health or safety of residents or staff. vii. .
viii. Multiple violations of the Drug and Alcohol Use/Possession policy.
Packet Pg. 542 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 21 ix. Individual requires care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without appropriate supports available on-site. Individuals exited due to care and supervision needs cannot be exited to the streets.
x. Refusal of personal property search when probable cause exists. xi. Residents may be discharged for refusing multiple housing opportunities; however, documented evidence must be present that MSC staff actively attempted to engage the resident in services designed to support MSC exit to stable housing with consideration given to each resident’s barriers to engagement.
xii. MSC are not required to hold beds for longer than 72 hours. If a resident is absent from their bed for 72 hours without appropriate notification to MSC staff regarding absence, the resident may be exited.
I. Grievance Process.
All MSCs must have a written appeal and complaint policy/protocol that is provided to each resident upon intake and is publicly in a location with high visibility to residents. At a minimum, the protocol must include:
i. The opportunity for residents to present their case before a neutral decision maker (a supervisor or manager who was not directly involved in the incident or situation of the grievance).
ii. Accommodation of third-party advocates in the appeal process. Reasonable efforts must be made to coordinate with a resident’s lead advocate in order to schedule the appeal.
iii. A requirement that residents be given a written response to their appeal within a reasonable time frame.
iv. A provision that when a resident file an appeal related to his/her ability to stay in the MSC, the occupant may stay in the MSC until the appeal process is completed unless allowing the resident continued residence poses a risk to the health and safety of other residents and or staff. v. An appeals procedure that allows residents to appeal, at a minimum, decisions related to admissions denials for cause, terminations and disciplinary actions.
vi. Provisions for providing residents with information about any subsequent appeals process available through program policies or any funding agency or their respective regulations.
Packet Pg. 543 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 22 J. Involuntary Exit Requirements.
All MSCs must provide a written copy of the procedure for filing a grievance to the resident when a resident is involuntarily exited. If it is not feasible to provide the procedure at the time of exit (e.g. the resident is being removed by law enforcement) this requirement may be waived; however, if the resident subsequently returns to the facility, the grievance procedure must be provided.
A resident may be denied future admission as a result of the circumstances of exit. The resident must be informed of the reason, the conditions for lifting the restriction and the right to appeal, including whom to contact regarding an appeal and information about the appeal process.
Unless the resident poses an immediate threat to the health and safety of other residents and or staff members, MSC should avoid exiting residents at night and must be approved by a supervisor if doing so. During hours that there is no supervisor on-site, there must be a supervisor available “on-call” to approve discharge decisions. Approval may be given verbally but should be documented in case notes.
K. Abandonment.
If a resident has been absent from the MSC for more than 72 hours without notice or communication with the Lead Advocate or MSC Team, the unit may be declared abandoned. When a unit has been declared abandoned, at least two residents of the MSC and/or staff will remove items from the abandoned shelter. They will document what items are present and place them in an available storage container or bag that is clearly labeled with the name of the former resident and the date of the abandonment. These items will then be stored in a separate storage unit until such time as the owner retrieves them or five days have passed since the declaration of abandonment. Once items have reached the five-day limit, the MSC will determine the proper disposal of said items. Abandoned belongings usually should not be distributed to other residents of the same MSC, but exceptions to this rule may be determined by the MSC Team.
Packet Pg. 544 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 23 9. SAFETY PLAN
A. 9-1-1. Residents shall report a fire or other emergency to 9-1-1.
B. Evacuation. Residents will be notified of a fire or other emergency and evacuate based upon the designated evacuation route. A Fire Safety and Evacuation Map must be posted on a public notice board in a common area. This map must include, at minimum, clear marking of the location of all MSC exits, fire extinguishers, and gas/propane shut offs (if any). A copy of this map will be provided to the Redding Fire Department and updates submitted as needed.
C. Safety Committee. A safety committee will be formed which may have representation from the MSC Residents and/or MSC Team. Duties of this committee shall include the following:
i. Development and implementation of Emergency Response Plan for the MSC.
ii. Oversight of fire drills and Food Storage Policy (Ref: #10). iii. Quarterly safety inspection with attention to trips, slips, and fall hazards. iv. Quarterly testing of all smoke and CO2 detectors.
v. Quarterly testing of all extension cords and power strips with an approved circuit tester.
vi. Maintenance of systems and equipment installed to prevent or control fires. vii. Maintenance and control of fuel hazard sources.
viii. CPR and first aid training.
D. In addition, any advocates, case managers, or MSC staff on site at the time shall be prepared to:
i. Assist others and provide emergency first aid including CPR in an emergency.
ii. Take a head count after an evacuation. Identify the names and last known locations of anyone not accounted for and provide them to the Fire Official in charge.
iii. Provide additional information or explanation of duties under the plan to residents and volunteers.
E. The following firefighting and fire protection measures will be taken:
i. No open flames permitted onsite.
ii. ABC fire extinguishers will be accessible throughout the MSC (see Fire Safety and Evacuation Map for locations).
Packet Pg. 545 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 24 iii. Smoke detectors and carbon monoxide alarms will be installed in common buildings and dwellings per City Code and will be inspected to insure they are functional and replaced if they are not functional.
F. Emergency Vehicle Ingress and Egress:
i. A fire lane with a minimum width of 20 feet will be maintained. Other details to be determined for each specific MSC.
ii. A minimum 10-foot setback and right-of-way will be maintained between structures on the MSC site.
G. Accessibility.
MSCs will conform to pertinent requirements of the Americans with Disabilities Act (ADA) for residents as needed.
https://www.ada.gov/pcatoolkit/chap7Shelterchk.htm. Beds designated as accessible must comply with federal height and distance standards requiring a minimum of 36 inches between sleeping units and a sleeping surface height between 17-19 inches above the finished floor. Beds designated as accessible must be prioritized for residents with disabilities.
Program documentation must be provided in forms accessible to hearingimpaired and sight-impaired individuals, upon request. MSCs that provide transportation for residents must also make provisions for residents who need vehicles that are wheelchair accessible.
H. Basic Building Standards and Fire Safety.
i. Facilities must have annual fire inspections conducted by the fire department and conduct regular fire drills. Training must be provided to staff on fire safety.
ii. Amenities. The MSC must have a heating and ventilation system and maintain a comfortable temperature. Emergency Sleeping Cabins will comply with Appendix O of the California Building Code. iii. The MSC shall have a housekeeping and maintenance plan to ensure a safe, sanitary, clean and comfortable environment.
vi. The MSC shall provide each person with access to a single or double occupancy emergency sleeping cabin with a mattress and bedding (a blanket and pillow), all of which are clean and in good repair. v. The MSC shall have a sufficient supply of functionally clean and reasonably private toilets and hand wash basins.
vi. The MSC should have a sufficient quantity of functionally clean and reasonably private bathing facilities with hot and cold running water or will provide for access to bathing facilities at least twice per week through contract or other means. All bathing facilities must meet the requirements of the Americans with Disabilities Act.
Packet Pg. 546 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 25 vii. The MSC should have laundry facilities available to residents, or access to laundry facilities nearby or transportation to laundry facilities will be provided. viii. The MSC shall provide towels, soap, and toilet tissues.
I. Maintenance/Repairs. The MSC Team will be responsible for maintenance and repairs, making use as appropriate of resident participation.
J. Drinking Water. The MSC must provide access to drinking water at all times.
K. Outlet Access. The MSC must provide access to electrical outlets for charging personal devices such as cell phones and medical equipment. Emergency Sleeping Cabins must have outlets as required by California Building Code Appendix O.
L. Cleanliness.
i. Resident Participation. Bath and toilet areas and other common use areas must be cleaned daily. MSC must have proper trash receptacles that are emptied regularly.
ii. Both the interior and exterior of the facility must be free of debris, clutter and unsanitary items, and there must be no obvious safety risks.
M. Pest Control.
i. MSC must ensure adequate provision of pest control services. ii. MSC must have a protocol in place for the prevention and control of bed bugs and lice. (See
https://www.cdc.gov/parasites/bedbugs/forbestpracticesrelatedtobedbugprevention). iii. 24-hour notice must be provided to residents of pest control activities unless the type and degree of infestation requires an immediate response (e.g. bed bugs).
N. Maintenance/Repair
i. Facilities must be maintained in good repair. The general appearance of the buildings and surrounding grounds must be well maintained and free from litter and offensive visual cues such as overladen shopping carts. There must be a written housekeeping and maintenance plan (Ref: Appendix O). ii. MSC must post the process for reporting maintenance concerns, acknowledge issues reported within two days, and identify the timeframe for addressing the concern. Emergency maintenance items must be immediately addressed.
Packet Pg. 547 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 26 O. Phone Access. A telephone (land line or cell phone) must be available to staff for emergencies. Emergency numbers should be posted by the telephone or otherwise made available to on-duty staff.
P. Hazardous Materials.
i. In accordance with established standards, MSC must label all chemicals and cleaning supplies and keep all such materials out of reach of children. Any hazardous materials must be stored separate from food.
ii. No fires, including cooking or warming fires, will be allowed on site at any time.
Q. Entrance/Exits. Exits must be clearly marked and must be kept clear of blockage and tripping hazards.
i. Steps must have treads or similar accommodation to prevent slipping. ii. Exit signage must be consistent with all applicable codes.
R. Agency Vehicle. If an MSC location maintains a vehicle used for resident transport, the vehicle must be properly maintained, licensed and insured. All drivers must properly be licensed. Provisions must be made to provide equal access to transportation services to disabled residents.
Packet Pg. 548 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 27 10. FOOD HANDLING AND STORAGE
A. Sanitary Facilities. All MSCs that either prepare and serve meals or provide areas for residents to prepare and consume their own meals must ensure that all areas used for food storage and preparation are sanitary. Kitchen and dining areas must be kept clean and comply with all relevant health codes.
B. Donated Food. Programs that serve food prepared off-site by regular donors must provide donors with a handout that details the requirements for food preparation. All food donors must read and sign the handout to confirm knowledge of the standards and must provide current contact information (Ref:
Appendix P). Programs are discouraged from accepting food that has been prepared off-site by intermittent donors.
C. Meal schedule. Breakfast, lunch and dinner will be available in the Mission’s main dinning center during the posted times.
D. Dietary Modifications. If meals are served or food is provided for residents to use to prepare their own meals, MSC must make dietary modifications and or provide appropriate food options based on residents’ health, religious, and or cultural practices. As feasible, food provided should promote healthy eating.
E. Dining Facilities. MSC must provide a table and chairs if food is served.
F. Food Allergies. Any snacks and meals provided should be provided with reasonable accommodations made for known allergies, including among children residing in the MSC. Providers should be asking about food allergies at intake; however, it is the parents’ responsibility to inform the program of children’s food allergies.
Packet Pg. 549 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 28 11. STORAGE OF BELONGINGS
All MSCs must have a written policy that is provided upon intake as to what provision is made for securing belongings including what possessions can be held by the program at resident request such as money, medications, and vital documents.
Storage of belongings is limited to residents’ personal micro-shelter and individual locking storage unit. Locks and or keys should be provided to residents as needed with the understanding that the MSC Team also holds keys and combinations.
Personal belongings that cannot be organized in the micro-shelter or locking storage unit must be stored off-site. Each resident is responsible to organize and pay for offsite storage of personal belongings.
If an MSC holds funds or possessions on behalf of residents, this service must be voluntary, the program must maintain a log of items in their possession, and the funds or possessions must be returned within operational hours upon resident’s request. Each MSC decides how specifically to make their log, with consideration to their liability. It is expected that the log would track only those belongings that residents choose to store with the program and not all possessions brought into the MSC. This does not apply to belongings abandoned by a person who does not return to the MSC; in that situation, please refer to #8.K Abandonment.
In order to maintain a community free of clutter, each resident is responsible for maintaining a tidy unit. MSC must provide lockable lockers, storage trunks or make other accommodations which allow residents to securely store their belongings.
Reasonable access by the residents to their belongings must be provided.
Packet Pg. 550 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 29 12. ANIMAL CARE
Pet owners shall assume the responsibilities for caring for their animal. Water will be available. Additional provisions may be provided at the site. Some sites may be unsuitable for pets. Pet owners are also responsible for administering all regular medications to their animal. All pets must be licensed, vaccinated, spayed and neutered. Assistance can be provided to help meet these criteria.
The MSC reserves the right to refuse admittance to animals that appear too aggressive for the MSC to handle. Regardless of initial presenting temperament, enforcement of MSC rules to reduce the risk of bites and other injuries must be observed and include:
A. One pet per micro-shelter.
B. All animals should be handled only by their respective owners. No one should handle or touch pets other than their own without the owner’s permission.
C. All animals on MSC property should be leashed or confined (kenneled/carrier) at all times unless in the pet area.
D. All incidents involving aggressive animals are documented in writing prior to removal of the pet from the site.
E. The number of pets will be determined by site suitability.
F. No pets may be acquired AFTER acceptance into the MSC, unless otherwise approved through consultation with the case manager, and approval the MSC staff.
G. If, at any time, the MSC Team or residents finds that a pet either poses a nuisance or danger to others or is not properly cared for, the pet must leave the MSC at the instruction of the MSC Team. Residents may ask the MSC Team for assistance in the proper training of their pet.
H. If the resident is off-site without the pet, it must be under the supervision of another willing resident.
I. The owner is responsible for food, proper health and care of their pet, and must pick up all solid waste for their pet and properly dispose of it.
J. The owner must keep their pet from annoying other residents either through trespass, barking or any other means.
Packet Pg. 551 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 30 13. MEDICATIONS AND STANDARD PRECAUTIONS
The MSC Team is not equipped to distribute medications, whether prescribed or narcotic. Each site will determine the level of resident medical needs and follow standard precautions.
A. Medication
MSCs may not administer or dispense medication and may not require residents to turn over medication, unless administered by a licensed staff person as part of an on-site supportive program in which an MSC resident is dually enrolled. If an MSC has provisions for securing prescription medications, it must have a written policy that is provided to an occupant upon intake detailing the MSCs and the occupant’s responsibility to store, secure and use said medication safely. MSC may encourage residents to lock medications in secure storage areas if made available in order to protect medication from theft but may not require residents to turn over medication.
B. Standard Precautions
Staff must comply with universal precautions, proper sharps disposal and have a written policy in place governing protocols related to standard precautions.
Standard precautions are the minimum infection prevention practices that apply regardless of suspected or confirmed infection status in any setting where health care is delivered.
● Hand hygiene.
● Use of personal protective equipment (e.g. gloves, masks, eyewear). ● Respiratory hygiene / cough etiquette.
● Sterile instruments and devices.
● Clean and disinfected environmental surfaces.
C. First Aid
Basic first aid supplies must be available on-site and accessible to staff at all times.
D. Infectious Disease
i. MSCs are a valuable partner in public health and, as such, are responsible to report any suspicion of infectious disease within the MSC or among residents or staff (including COVID-19) to the Shasta County Public Health Line (530- 225-5591 or 1-800-971-1999. Emergency answering service is available 24 hours a day, seven days a week).
ii. An infectious disease which significantly increases the risk of harm to other MSC residents or staff may be a reason for denial or exit. Residents with lice or scabies or exhibiting symptoms of Tuberculosis (TB) shall be allowed to stay in the MSC unless the disease or infestation cannot be appropriately contained (e.g. due to close quarters of facility), in which case those residents may be exited and referred to a health care provider for treatment.
Packet Pg. 552 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 31 iii. MSC must comply with California Code of Regulations, Title 8, Section 5199, regarding Aerosol Transmissible Diseases (ATD) control and worker and client safety expectations: https://www.dir.ca.gov/title8/5199.html.
For additional guidance on this regulation and for information regarding best practices for control of infectious disease, please also refer to “Preventing Tuberculosis (TB) in Homeless Shelters” published by the Los Angeles County Department of Public Health:
http://publichealth.lacounty.gov/tb/docs/LATBGuidelinesforShelt ers.pdf Packet Pg. 553 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 32 14. ALCOHOL, DRUGS, SMOKING & PARAPHERNALIA
In order for residents to begin their transition to permanent housing, alcohol and illegal drugs will not be allowed on-site at MSCs.
A. Smoking.
MSCs shall prohibit smoking indoors and reasonable efforts must be made to prevent smoke from entering buildings. No smoking should be allowed within 20 feet of MSC facilities unless this is infeasible due to layout of grounds. MSCs are required to follow any local ordinances regarding smoking in public areas. A designated smoking area and disposal receptacle will be provided at the site.
B. Drug and Alcohol Use/Possession.
MSCs must have a policy prohibiting the possession, use, or distribution of alcohol or illegal drugs on the premises. If alcohol or drugs are found, residents should be given the opportunity to dispose of the prohibited substance.
Residents returning to the MSC inebriated is not cause for expulsion if they do not disrupt the community. Residents will also be offered opportunities to participate in rehab programs.
A single violation of this policy cannot be reason for exit unless the violation compromises the health or safety of other residents or staff. Multiple violations of this policy may be used as grounds for exit.
i. Admission, discharge, and service restriction policies must not be based on substance use or possession alone unless as noted above for multiple violations.
ii. Drug testing of residents is prohibited unless the testing is part of an agreed upon treatment plan with the resident. Submission to drug testing cannot be a requirement for residency, and refusal to participate in drug testing cannot be the basis for involuntary exit.
iii. Being under the influence on-site may not be the basis for discharge. iv. Noncompliance with treatment or containment measures that endangers other residents may be cause for exit.
C. Legal and Prescribed Narcotics. Residents who are under the care of a licensed physician and have been prescribed controlled substances must notify the MSC Team of their possession of these drugs and are responsible to securely lock these substances in their private storage at all times to prevent theft. Illegal sharing of controlled substances with other residents could be grounds for involuntary exit.
Packet Pg. 554 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 33 D. Search of Possessions.
Searches may only be conducted when there is “probable cause” to believe that the person has in his or her possession something which may jeopardize the safety of other residents or staff, including a weapon or illegal material such as illegal drugs, or something which is interfering with the peaceful enjoyment of the facility of other residents such as food that is attracting vermin. If the person does not consent to the search, and “probable cause” exists to search, the person may be given the choice of being exited or being searched.
Any other items suspected to have been used for drug related purposes will be dealt with on a case-by-case basis by the MSC Team. As per the signed resident agreement, shelters and storage can be inspected upon reasonable suspicion.
Packet Pg. 555 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 34 15. COUPLES
Couples must agree to abide by the following intervention policy if they have a fall-out which results in one person moving out of a couple’s unit. This must be filled out and signed by the couple during the interview process. “We, the couple, in the event of a fall - out resulting in an inability to live together and causing one person to move out of couple housing, will agree to MSC policy that (name) will move out of the couple’s unit.” Signed and .
Packet Pg. 556 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 35 16. HEALTH AND SANITATION
A. Residents are required to participate in cleaning duties on-site.
B. Residents are required to maintain basic personal hygiene, including hair, face, body, hand, feet, nail, armpit, oral, and eye hygiene. Residents struggling with hygiene issues will be offered help to comply to avoid ramifications of noncompliance.
Packet Pg. 557 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 36 APPENDIX A: CONSULTATION POLICY (REF: #2.G)
A micro-shelter community is a transitional community that provides residents a safe place to address the issues that led to their homelessness so that they can transition into permanent housing and a stable lifestyle. In order to accomplish these goals, the health and safety of participants, volunteers, staff, and the surrounding community must be safeguarded.
In the event of a life-threatening emergency, please dial 9-1-1.
When a challenging resident situation or other urgent matter that is not an emergency arises, please refer to the following consultation tree to contact someone who can help:
1. If it is safe to do so, attempt to address the concern directly with the resident(s).
2. If approaching resident(s) is unsafe or not possible, consult with the On-Site Caretaker.
3. If the On-Site Caretaker is unknown, unavailable or unable to resolve the situation, contact the Program Manager who is on-call at (530) 242-2920.
Packet Pg. 558 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 37 APPENDIX B: GOOD NEIGHBOR POLICY (REF: #4.A)
In the spirit of open communication, the exchange of ideas and concerns with any neighborhood in proximity of an MSC is essential.
The MSC Team will:
● Publicly post the date and time of each MSC Team meeting and welcome the participation and input of any interested attendees. Only the members of the MSC Team will vote on matters requiring a formal vote.
● Make a good faith effort to include at least one resident of the immediate neighborhood around the MSC on the MSC Team.
● Publicly post the Consultation Policy, to include contact information for MSC leadership and after-hours access for 24/7 emergency concerns. ● Receive any concerns, suggestions, or questions from the surrounding neighborhood and respond to those inquiries with good faith and within a reasonable timeframe.
● Provide neighbors with access to the Consultation Policy, including the 24-hour Contact phone number of pressing concerns.
The MSC residents will:
● Respect the rules of the MSC, including quiet hours, cleanliness of the MSC site and surrounding neighborhood, drug policies, and behavioral guidelines for relating to neighbors with dignity and respect.
● Take accountability for the behavior of any guests and pets in their care, including enforcing community rules, cleaning up after pets, and ensuring that pet vaccinations are up to date.
● Hold one another accountable for rule-breaking and help to establish an atmosphere of mutual support within the MSC.
● Will not loiter on any business or private property within four blocks of the MSC site.
The residents of the surrounding neighborhood will:
● Engage with residents, staff, and MSC Team members with neighborly respect and dignity.
● Report any concerns, suggestions, or questions to the appropriate person according to the provided Consultation Policy.
MSC 24 - hour Contact Phone:
MSC Team Email Address:
MSC Postal Address:
Packet Pg. 559 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 38 APPENDIX C: APPLICATION & INTAKE QUESTIONNAIRE PG. 1 (REF: #5.A) Date:
Legal Name:
Name Used:
Date of Birth:
Race/Ethnicity:
Gender: Preferred Pronoun:
Driver’s License/State ID Number:
State Issued: Expiration Date:
Phone:
Email: Address:
Please list two emergency contacts:
Name: Relationship:
Phone: Email:
Address:
Name: Relationship:
Phone: Email:
Address:
Do you have a pet: Yes / No
Kind: Weight: Breed:
Is your pet spayed/neutered: Yes / No
Do you have any current pet vaccination documentation? Yes / No (Please submit copies as able).
Packet Pg. 560 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 39 APPENDIX C: APPLICATION & INTAKE QUESTIONNAIRE PG. 2 (REF: #5.A) How did you become unhoused?
Is this your first experience being unhoused: Yes / No
How long have you been without stable housing?
Where were you staying before coming to the MSC?
How long have you been in the Redding area?
What other states have you lived in?
Do you have any food allergies? If so, list here:
Do you have a source of income: Yes / No If so, what source(s) and how much? a.
b.
c:
Are you employed: Yes / No If so, where and how many hours/week? What is your schedule?
Packet Pg. 561 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 40 APPENDIX C: APPLICATION & INTAKE QUESTIONNAIRE PG. 3 (REF: #5.A) Previous work experience:
a.
b.
c.
d.
e.
What goals do you have for yourself?
a.
b.
c.
d.
e.
What other interests and hobbies do you have?
a.
b.
c.
d.
e.
Are you currently receiving any supportive services or Case Management? Yes / No If so, what programs are you in?
Packet Pg. 562 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 41 APPENDIX C: APPLICATION & INTAKE QUESTIONNAIRE PG. 4 (REF: #5.A) Name and contact information of your Case Manager?
Are you required to register on a sex offender registry? Yes / No Do you have a vehicle? Yes / No
Year: Make: Model:
This Micro - Shelter Community requires a commitment to assist with upkeep of the grounds, common areas and personal areas.
Are you willing to assist with the upkeep and cleanliness of the entire Micro - Shelter Community property? Yes / No
Resident Signature Date
MSC Staff Signature Date
Packet Pg. 563 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 42 APPENDIX D. BACKGROUND CHECK (REF: #5.A)
We conduct a background check on all applicants. This housing program is not suitable for those with certain criminal offenses such as arson and sex offenses requiring registry. A criminal record is not necessarily disqualifying for admission into the program.
Last Name: First Name: Middle Initial:
Date of Birth: Last 4 digits of SSN:
Have you ever been convicted of a criminal offense: Yes / No If yes, please state the City / Town, County and State, the date of the conviction, and charges you were convicted of. (Please use the back of the sheet if you need more room).
1. City State County Date/Year
Offense
2. City State County Date/Year
Offense
The information on this form is true and accurate to the best of my knowledge. I give permission to verify all information provided.
Resident Signature Date
MSC Staff Signature Date
Packet Pg. 564 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 43 APPENDIX E: APPEAL FORM (REF: #5.E.iv and #8.G)
Persons wishing to appeal a decision of the Micro-Shelter Community Team should complete and submit the bottom half of this form to the Good News Rescue Mission Administration via one of the following methods:
● Email:
● Postal Mail:
● Drop - off at the Administration Office
Upon receipt of your appeal, the MSC Team will review the documents related to your admission denial or disciplinary action along with your appeal documentation. If warranted, you will be asked to speak to the MSC Team to answer any questions they might have. After discussion, the MSC Team will vote whether to uphold or revise the decision. If the decision is revised, a new agreement will be discussed with you and any involved parties. A written response to your appeal will be returned to you within 48 hours of the MSC Team meeting.
If you have questions regarding this appeal form of the appeal procedure, please contact your Case Manager or an MSC Team member.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
MSC Notice of Appeal
Name of Person Appealing Decision:
Type of Decision Being Appealed: { } Admission Denial { } Disciplinary Action Reason for Appeal (check all that apply):
{ } New or missing information now available (describe below) { } Decision violates policies and procedures outlined in MSC Operations Manual (describe below)
{ } Applicant wishes to propose an agreement to address disqualifying behavior or circumstance (describe below)
Please provide additional information about your reason for appeal:
Packet Pg. 565 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 44 APPENDIX F: RESIDENT RIGHTS AND RESPONSIBILITIES (REF: #5.I-J) All incoming residents are required to review these rights and responsibilities and agree to uphold them in writing.
Resident Rights:
1. Residents have the right to be treated with dignity and respect;
2. Residents have the right to privacy within the constrictions of the MSC environment;
3. Residents have the right to be treated with cultural sensitivity;
4. Residents have the right to self - determination in identifying and setting goals;
5. Services should be provided to residents only in the context of a professional relationship based on valid, informed consent;
6. Residents should be clearly informed, in understandable language, about the purpose of the services being delivered, including residents who are not literate and/or have limited English proficiency;
7. Residents have the right to privacy and have information about when private information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law;
8. Residents have the right to reasonable access to records concerning their involvement in the program.
Resident Responsibilities:
1. MSC residents are encouraged to participate in the operations and management of their site and in the process of fulfilling their life transition and housing plan.
2. Residents must abide by the MSC non - discrimination policy in their interactions with other residents. They must show respect for the property of others and report any incidents of the theft.
3. Residents must abide by the Weapons Policy and the Drug/Alcohol Policy of the MSC.
4. Residents must abide by all site rules, including but not limited to upholding quiet hours, keeping personal and shared spaces clean and orderly, supervising pets, and ensuring that all visitors abide by site rules when in the MSC or its surrounding community.
5. Residents are encouraged to participate regularly in resident meetings to discuss ideas, share concerns, and determine solutions.
6. Residents will notify staff of any needed repairs and will not make any modifications or repairs to shelters or equipment, including but not limited to locks, lighting, and smoke detectors,
7. Residents are expected to cooperate and collaborate in the shared goal of moving all residents toward fulfillment of their life transition and housing plans.
All residents will support one another toward a positive exit into the next phase of recovery, rehabilitation, and or permanent housing.
I have received, reviewed, and understand these rights and responsibilities.
Resident Signature: Date:
Packet Pg. 566 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 45 APPENDIX G: RESIDENT COMMUNITY AGREEMENT (REF: #5.F) An MSC is a transitional community that provides residents a safe place to address the issues that led to their homelessness. Residents are expected to contribute to the governance and reinforcement of community guidelines:
I will be a positive member of this community and contribute toward making it a safe, secure, clean and pleasant place to live. Therefore, I agree to the following:
a. Have respect for myself and others regardless of ethnicity, religion, gender, sexual orientation, disability, lifestyle, or economic status. b. I will not carry a weapon, store weapons at the MSC, or act violently toward others or myself.
c. I will maintain mutual respect of others’ property and communicate any incidents or theft.
d. For the health of all community members, I will not possess or use alcohol or illegal drugs or paraphernalia on site.
e. I will honor quiet hours as designated by the MSC Host team. f.I will keep my personal space clean and orderly. A small additional storage unit will be provided with each shelter. Belongings that do not fit in my shelter and storage unit will be stored off-site.
g. I will participate in the operations and maintenance of our community by working scheduled hours, which may include kitchen duties, maintenance and clean up, security, toilets and hand washing stations, showers, gate monitor, etc. h. If I have a pet, I will keep it on a leash unless supervised in the pet area, clean up waste and dispose of it properly. I will adhere to the pet policy. i.I will contribute to the cost of operations by monthly payments, by working within the MSC community, and or by supporting fundraising events. j.I will attend regular resident meetings to discuss ideas, concerns, and solutions. I will abide by decisions made.
k.I affirm that I have completed the application, background check, and intake process honestly. If additional information reveals otherwise, I could be asked to leave.
l.If this setting is not working for me, or if I have violated guidelines, arrangements for a more suitable program will be offered.
Resident Signature: Date:
MSC Staff Signature: Date:
Packet Pg. 567 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 46 APPENDIX H: GRIEVANCE DOCUMENT (REF: #8)
Persons wishing to submit a formal complaint or grievance against a resident, staffperson, or volunteer of the Micro-Shelter Community should complete and submit the bottom half of this form to the Good New Rescue Mission Administration via one of the following methods:
● Email:
● Postal Mail:
● Drop - off at the Administration Office:
Upon receipt of your grievance, the Administration will review the documents related to your complaint. If warranted, you and other involved parties will be asked to speak to the MSC Team to answer any questions they might have. After discussion, the MSC Team will determine whether disciplinary action is warranted and how to proceed. You may be asked to participate in mediation. A written response to your complaint form will be returned to you within 48 hours of the MSC Team meeting.
If you have questions regarding this grievance form or the complaint procedure, please contact your Case Manager or an MSC Team member.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
MSC Notice of Written Complaint or Grievance
Name of Person Filing Complaint:
Name of Person Against Whom Complaint is Being Filed:
Name(s) of Other Involved Individual(s):
Please describe your complaint:
Please describe previous steps you’ve taken to address this concern:
Packet Pg. 568 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 47 APPENDIX I: GRIEVANCE NOTICE (REF: #8)
NOTICE TO ALL MSC
RESIDENTS APPEAL AND
GRIEVANCE POLICY
1. In cases of admissions denial, involuntary exit, and disciplinary actions, all residents have the right to present their case before a neutral decision-making individual or body, up to and including the MSC Team.
2. When requested, residents have the right to have an advocate present during the appeal or grievance process. Reasonable efforts will be made to coordinate with a resident’s advocate in order to schedule meetings when the residents advocate of choice is available.
3. The MSC Team must respond in writing to any written appeal or complaint within 48 hours of the MSC Team meeting in which a decision is made.
4. Residents who are involuntarily exited from the MSC have the right to stay in the MSC until the appeal process is completed unless the residents continued presence in the MSC poses a risk to the health and safety of other residents and or staff.
5. Applicants and residents have the right to appeal admissions denials for cause, involuntary exit decisions, and disciplinary actions.
6. Any subsequent appeals process beyond appeal to the MSC Team as provided by funding agencies or other partner organizations will be added to this notice when available.
Packet Pg. 569 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 48 APPENDIX J: EMERGENCY RESPONSE PLAN (REF: #9)
The following information must be posted in a public area in the MSC and reviewed at least monthly at MSC Team meetings and with new residents upon intake.
1. Fire extinguishers and emergency evacuation routes from the MSC are clearly marked on the MSC Emergency Evacuation Map, which accompanies this notice.
2. In the event of an emergency evacuation of the MSC, all residents will leave the MSC and gather immediately in the parking lot of the RABA station to be accounted for and assisted by first responders as needed. If the situation requires evacuation to a further distance, the gathering location will be ___________________________.
3. Residents are encouraged to keep a “go bag” with items such as bottled water, flashlight, whistle, personal hygiene products, prescription medication or a list of prescriptions, a cell phone charger, basic emergency pet supplies, copies of vital records, and first aid supplies. This bag should be prepared at all times in case of an emergency evacuation from the MSC. Residents may request assistance from the MSC Safety Committee in preparing a bag.
4. The highest-ranking volunteer on site at the MSC at the time of an emergency will be considered the leader of the emergency response until a higher-ranking volunteer or staff person arrives. If no staff person is on site at the time of the emergency, the on-site manager will take the leadership role. This leader is responsible for gathering all evacuees, calling 9-1-1 if needed, and assessing and responding to injuries of any residents or volunteers until help arrives.
Residents interested in training for basic emergency response will be supported in this effort.
5. The MSC will install and maintain signage indicating the direction of exits from the gated MSC area.
6. The MSC Safety Committee will conduct one fire drill and one shelter-in-place exercise on, at minimum, a bi-monthly basis. These drills should include all current residents of the MSC and several volunteers or staff members on a rotating basis.
7. The MSC Team or its designee will maintain an updated list of current residents’ names, phone numbers, potential emergency support needs, and pet names and types for use in an emergency. Copies of this list, along with an accurate map of the MSC, will be kept in a secure but accessible location for reference during an emergency response.
8. At least one resident should be trained in locating and turning off utilities in the event of an emergency, especially gas or propane lines, if any.
9. In the event of a large-scale emergency like an earthquake, all residents will attempt to contact their Case Manager or Program Manager on-call to report their safety status and location.
Packet Pg. 570 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 49 APPENDIX K: PET OWNERSHIP AGREEMENT (REF: #12)
Micro - Shelter Community Pet Ownership Agreement
Pet ownership is often an important part of the development of social and economic mobility for individuals who have previously experienced homelessness. This MSC makes reasonable accommodations for pet owners who reside at the MSC. Upon intake, residents with pets must review and sign the following agreement. Current residents will typically be prohibited from adopting new pets after intake, but exceptions can be made in consultation with case managers, lead advocates, and the MSC Team.
The MSC will:
● Provide safe and clean drinking water at the MSC.
● Assist the resident in meeting licensing, vaccinating, and spay/neuter requirements as needed.
● Monitor the behavior of pets to ensure the safety of all residents and staff.
The pet owner will:
● Agree to have only one pet.
● Care for the basic needs of the pet, including the provision of adequate water, food, and shelter.
● Administer all regular medications to their pet.
● Pursue licensing, vaccinations, and spaying/neutering of their pets as needed. ● Handle or touch only their pets unless given permission by the owner. ● Leash or kennel their pet at all times unless in an enclosed pet area. ● Report any incidents involving aggressive animals, including their own, to the MSC Team.
● Pursue proper training of pet in order to avoid removal of the pet due to excessive nuisance or danger to others. Owners are responsible for preventing their pet from trespassing in other resident’s private space, excessive noise - making, and other sources of nuisance.
● Place the pet into the care and supervision of another willing resident or staff person when the resident is off - site without the pet. ● Clean up all solid waste from their pet and properly dispose of it. ● Abide by any decisions made by the MSC Team to remove the pet from the MSC due to chronic aggressive behavior, nuisance or pet owners not following the pet policy.
I have reviewed and agree to abide by these regulations regarding my pet.
Signature of Resident/Owner:
Name of Pet:
Packet Pg. 571 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 50 APPENDIX L: NOTICE OF PRIVACY PRACTICES (REF: 5.I.i) This notice describes how information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
Your information is personal, and the MSC team is committed to protecting it. Your information is also very important to our ability to provide you with quality services and to comply with certain laws.
How we may use and disclose your information:
● MSC partners and agencies may use or disclose your information to other personnel of the MSC or its partner agencies in order to coordinate your care. ● We may use and disclose your information to recommend service options or alternatives that may be of interest to you.
● We will use and disclose information when required by federal, state, or local law or regulation.
● We may use and disclose your information when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. This could include disclosure of your information to the appropriate governing authority if we believe you have been the victim or perpetrator of abuse, neglect, or domestic violence if such disclosure is required by law.
Your rights regarding your information:
● You have the right to inspect and obtain copies of your information from our records. If you feel that your information is incorrect or incomplete, you may submit a written request to your case manager. This request will become part of your record.
● You have the right to request additional restrictions when disclosing your information. This request must be made in writing and include what information you want to limit, the type of limitation, and to whom you want the limitation to apply. Reasonable effort to accommodate these requests will be made as allowed by federal, state, and local law and the policies and procedures of the MSC.
Your responsibilities:
● You agree to keep private any information you overhear in or around the MSC related to another resident’s health diagnosis, concerns, or complications, substance use issues, mental health concerns, family concerns, etc. ● You agree to share information with your case manager and Lead Advocate that is pertinent to your care, recovery process, and the goals you have set for yourself.
I acknowledge that I have received and reviewed this Notice of Privacy Practices and agree to abide by it.
Resident Signature: Date:
Packet Pg. 572 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 51 APPENDIX M: ABUSE REPORTING DOCUMENT (REF: #8.B)
Part of living in community is helping to keep each other safe and hold each other accountable for appropriate behavior and treatment of others. If you have witnessed or suspect that an MSC resident, staff person, or volunteer has been the victim of perpetrator of sexual, emotional, or verbal abuse, please complete this document and submit it to the Good News Rescue Mission Administration via one of the following methods:
● Email:
● Postal Mail:
● Drop - off at the Administration Office:
Please note that any adult caregivers to elderly persons are considered Mandated Reporters in the state of California and are therefore required by law to report any witnessed or suspicion of abuse.
If you have questions regarding this abuse reporting form or your legal obligations, please contact your Case Manager or an MSC Team member. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
MSC Report of Suspected or Known Abuse of or by a Resident, Staff - person, or Volunteer
Name of Person Filing Report:
Name(s) of Suspected /Known Victim(s) if known:
Name(s) of Suspected/Known Perpetrator(s) if known:
Please describe the incident:
Packet Pg. 573 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 52 APPENDIX N: MSC DRUG/ALCOHOL AGREEMENT (REF: #14.B)
In order for residents to begin their transition to permanent housing, alcohol and illegal drugs will not be allowed on-site at MSCs. Upon intake, new residents must review and sign the following agreement:
● Residents will not smoke indoors or within 20 feet of MSC facilities. A designated smoking area and disposal receptacle will be provided.
● Residents may not possess, use, or distribute alcohol or illegal drugs on the MSC premises. If alcohol or drugs are found, the resident will be given the opportunity to dispose of the prohibited substance. A single violation of this policy cannot be a reason for involuntary exit unless the violation compromises the health or safety of other residents or staff. Multiple violations of this policy may be used as grounds for involuntary exit.
● Residents returning to the MSC under the influence of alcohol or illegal drugs will not be subject to disciplinary action as long as they do not disrupt the community.
Residents will be encouraged to participate in drug/alcohol rehab programs as part of their recovery plan.
● Admission, exit, and service restriction policies must not be based on substance use or possession alone unless as noted above for multiple violations. ● Drug testing of residents is prohibited unless the testing is part of an agreed upon treatment plan with the resident. Submission to drug testing cannot be a requirement for residency, and refusal to participate in drug testing cannot be the basis for involuntary exit.
● Containment measures that endangers other residents may be cause for exit. ● Residents who are under the care of a licensed physician and have been prescribed controlled substances must notify the MSC Team of their possession of these drugs and are responsible to securely lock these substances in their private storage at all times to prevent theft. Illegal sharing of controlled substances with other residents could be grounds for involuntary exit.
I have reviewed the above policies and had the opportunity to discuss and ask questions about it. I understand the policies and agree to abide by them during my time as a resident of the MSC.
Resident Name:
Resident Signature:
Signature of Intake Official:
Date:
Packet Pg. 574 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 53 APPENDIX O: HOUSEKEEPING AND MAINTENANCE PLAN (REF: #9.N)
TASK ASSIGNED PERSON COMPLETION INITIALS
Daily Restroom Check:
check for toilet paper,
check for cleanliness of
toilet, check and
replenish paper
supplies, clean toilet
seat as needed
Monday
Tuesday
Wednesday
__________
Thursday
Friday
Saturday _
Sunday __
Bi-Weekly Kitchen
Clean-up: scour sink,
wipe and sanitize
counters and tables,
notify residents of
expired food in fridge,
wipe inside and outside
of microwave, sweep
common area floors
Monday
Thursday
Property and Garden
Care: Pick up any loose
trash on the ground
inside or outside the
fenced MSC, empty
common trash cans into
dumpster, water shared
garden areas, wipe
debris from park
benches, sweep
outdoor pathways
Monday
______
Thursday
__________
Saturday
MSC HOUSEKEEPING PLAN, WEEK OF ____________
Packet Pg. 575 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 54 TASK ASSIGNED PERSON COMPLETION INITIALS
Bi-Monthly Safety
Check: visual inspection
of electrical outlets and
lighting in common
areas, visual inspection
of gate function and
exterior fence integrity,
check for presence and
function of emergency
materials in the
emergency
area(including cell
phones, emergency
phone numbers, fire
extinguisher,
evacuation plan, etc.)
1st week of the month
3rd week of the month
Evacuation Drill One time per month
Monthly Facility
Check: visual
inspection of
facilities and
grounds looking
for decay, pests,
and repair needs
One time per month
MSC MAINTENANCE PLAN, MONTH OF ____________
Packet Pg. 576 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) 55 APPENDIX P: DONATED FOOD SAFETY STANDARDS AGREEMENT (REF:
#10.B)
Thank you for your willingness to support our Micro-Shelter Community with donations of prepared food! In order to ensure the safety of the food provided to our residents and other participants, we ask that you review and sign the following food preparation guidelines:
1. Ensure food preparation surfaces, dishes, and utensils are clean and in good condition.
2. Check supplies to ensure food is packaged safely, at the correct temperature, not expired, and is clean and undamaged.
3. Ensure that raw and ready to eat foods are stored and handled separately. Raw meat, poultry, and fish should be stored below ready to eat food in a clearly distinguishable part of the refrigerator and in covered containers. Do not reuse plates or containers that have held raw meat.
4. Make sure food is cooked and prepared properly and is kept covered to help prevent contamination. Beef, veal, lamb, roasts, and chops should be cooked to 145 degrees F. Pork and ground beef should be cooked to 160 degrees F. Poultry should reach a safe minimum internal temperature of 165 degrees F.
5. Use good hygiene when preparing and serving food. Wash hands, use gloves, secure jewelry, and cover or pull back hair.
6. Provide notification to MSC leaders of the presence of any common allergens in dishes you donate.
7. Ensure that hot food is kept at least 140 degrees F and cold food is kept at approximately 40 degrees F. No food should be left at room temperature for more than two hours. Food left out for more than two hours should be discarded.
I, , have read and
reviewed these food safety standards and agree to abide by them for the safety of the participants in our Micro - Shelter Community.
Signature: Date:
Phone Number: Email:
Packet Pg. 577 Attachment: GNRM Operations and Services Manual Final (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 578
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 579
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 580
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 581
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 582
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 583
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 584
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 585
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 586
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 587
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 588
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site) Packet Pg. 589
Attachment: GNRM Funding Agreement - Signed (9.2(d)--Good News Rescue Mission Emergency Housing Site)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept oral report regarding the City of Redding Development Services discretionary permitting process.
Fiscal Impact
There is no impact to the General Fund by accepting the oral report.
Alternative Action
City Council (Council) could choose not to accept the oral report and provide other direction to staff.
Background/Analysis
At a past meeting, citing some concerns over the finished look of recent construction projects, Council requested that staff give a presentation outlining the development permitting process.
Specifically, Council was interested in the discretion used when reviewing development proposals and what authority the City of Redding has to dictate the finished design of a project.
For this oral report, staff will provide a brief history of California land use policy and law, summarize applicable codes and regulations, describe the discretionary permitting process for zoning clearance, site development and use permits, and present four examples of recent development projects.
Environmental Review
This is not a project as defined under the California Environmental Quality Act, and no further action is required.
MEETING DATE: February 6, 2024
ITEM NO. 9.4(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.4(b)--Oral report regarding the City of Redding Development Services discretionary permitting process.
Jeremy Pagan, Development
Services Director/Bldg
Official
Packet Pg. 590
Report to Redding City Council January 30, 2024
Re: 9.4(b)--Development Services Permitting Process Presentation, by the City of ReddingPage 2 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.”
Packet Pg. 591
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution approving a 180-day wait period exception and single interim appointment of Kimberly Niemer as Director of Community Services for the City of Redding pursuant to Government Code sections 7522.56 and 21224, effective February 7, 2024, for up to 960 hours; and granting the City Manager authority to execute the necessary hiring documentation. The resolution, if approved, would allow retired Director of Community Services, Kimberly Niemer, to be rehired as an annuitant in the Community Services Department to manage the Emmerson Art Project.
Fiscal Impact
The estimated salary cost for allowing the Community Services Department to hire the retired annuitant on a temporary basis in Fiscal Year 2023-24, would be up to approximately $37,000.
Community Services estimates Ms. Niemer will work approximately 400 hours in this role, which is well below the CalPERS hours limit of 960 hours for retired annuitants.
Alternative Action
The City Council could choose not to adopt the attached resolution, and a retired annuitant will not be hired to assist with Emmerson Art Project.
Background/Analysis
Director of Community Services, Kimberly Niemer, retired from the City of Redding (City) effective December 2, 2023, after 27 years of City service. Ms. Niemer will be able to use her expertise and knowledge to provide project management and oversight for the Emmerson Art Project.
MEETING DATE: February 6, 2024
ITEM NO. 9.15(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.15(a)--Consider Resolution approving an exception to the California Public Employee’s Retirement System (CalPERS) 180 day wait period with regard to re-hiring Kimberly Niemer as a retired annuitant in the position of Director of Community Services.
Kari Kibler, Personnel
Director
Packet Pg. 592
Report to Redding City Council January 31, 2024
Re: 9.15(a)--Consider Resolution Rehiring Retired Annuitant K. Niemer Page 2 Ms. Niemer’s job classification will be Director of Community Services during her employment as a retired annuitant. Although Ms. Niemer will have the classification of Director of Community Services, as a retired annuitant, she will not be assuming all of the roles and responsibilities of that position.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
This is a routine operational item.
Attachments
^ Resolution
^PAF Rehiring K Niemer
Packet Pg. 593
Resolution No. 2024-_____
February 6, 2024
A RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD
GC sections 7522.56 & 21224
WHEREAS, in compliance with Government Code section 7522.56 the Redding City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and
WHEREAS, Kimberly Niemer retired from the City of Redding in the position of Director of Community Services, effective December 2, 2023; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is May 31, 2024, without this certification resolution; and
WHEREAS, section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Redding City Council, the City of Redding and Kimberly Niemer certify that Kimberly Niemer has not and will not receive a Golden Handshake or any other retirement related incentive; and
WHEREAS, the Redding City Council hereby appoints Kimberly Niemer as an extra help retired annuitant to manage the Emmerson Art Project for the Community Services Department under Government Code section 21224, effective February 7, 2024; and WHEREAS, the entire employment agreement, contract or appointment document between Kimberly Niemer and the City of Redding has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position is $15,950 and the hourly equivalent is $92.02, and the minimum monthly base salary for this position is $12,268 and the hourly equivalent is $70.78; and
Packet Pg. 594 Attachment: ^ Resolution (9.15(a)--Consider Resolution Rehiring Retired Annuitant K. Niemer) WHEREAS, the hourly rate paid to Kimberly Niemer will be $92.02; and WHEREAS, Kimberly Niemer has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the Redding City Council hereby certifies the nature of the appointment of Kimberly Niemer as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary perform critically needed assistance with project management of the Emmerson Art Project for the Community Services Department. Kimberly Niemer’s title will be Director of Community Services during her employment as a retired annuitant. Although Kimberly Niemer will have the title of Director of Community Services, she will not be assuming all the roles and responsibilities of that position.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the Redding City Council on the 6
th
day of February, 2024, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
TENESSA AUDETTE, Mayor
ATTEST: FORM APPROVED:
SHARLENE TIPTON, City Clerk CHRISTIAN CURTIS, City Attorney Packet Pg. 595 Attachment: ^ Resolution (9.15(a)--Consider Resolution Rehiring Retired Annuitant K. Niemer) original: employee file copies: employee department director F-0015 - 3/99
CITY OF REDDING
Personnel Action Form
Department/Division # Employee # Effective Date Immediate Supervisor
Employee Name Last First MI
A. TYPE OF ACTION
G New Hire G Re-employment G Separation/Termination G Promotion G Reclassification G Pay-for-Performance G Step Increase G Status Change G Other B. ACTION (See instructions and sample codes on reverse side) Status
Code
Job Code
Number Step
Wage/Salary
Rate
Classification
Title
Dept.
No.
Division
Name
From:
To:
C. EXPLANATION OF ACTION
D. SUPERVISORS MUST CREATE AN IT HELP DESK TICKET FOR THE FOLLOWING PERSONNEL ACTIONS: (Reference pg. 2 for additional information regarding this action.)
G USER ONBOARDING (New Hire/Re-Hire, Position Change) G USER OFFBOARDING (Separation) G N/A E. ORDER OF ROUTING
Requested by: Date:
Supervisor
Requested by: Date:
Division Head
Requested by: Date:
Department Director
Recommended by: Date:
Personnel Director
Funds Available: Date:
Finance Officer
Approved: Date:
City Manager
Personnel Office Use Only
F. PROCESSING Eligibility
List
Pre-Bid Loyalty
Oath
Physical
Exam
Psychiatric
Exam
Background
Investigation
Last Step
Increase
Last PFP Hire
Date
Initials _________
FMLA EEO-4
Next Step Increase
Date Amount
Retro Pay
Processed
Vector
Solutions
Staff
Directory
Dept.
Notified
Date
Notified
Personnel Office Use Only
Analyst/Technician Review______
Position Control No. _
Packet Pg. 596 Attachment: ^PAF Rehiring K Niemer (9.15(a)--Consider Resolution Rehiring Retired Annuitant K. Niemer) This form is to be initiated by the Department/Division and forwarded to the Personnel Department at [email protected] after signatures have been obtained. Please include any supporting documents as attachments in the email to expedite processing.
DEPARTMENT NUMBER: Refers to the three digit number assigned by Finance for each department and division.
EMPLOYEE NUMBER: Refers to the number assigned to each employee (refer to a PER 10 Job Classification and Status Report or telephone the Personnel Office).
EFFECTIVE DATE: On new hires or re-employs, the effective date must be the first day the employee actually reports for work. On separations/terminations, the effective date is the last day of employment. On promotions, reclassifications, pay increases, status changes, etc., the effective date must be the beginning of a payroll period.
IMMEDIATE SUPERVISOR: The supervisor that is responsible for approving time off, approving timecards, issuing performance evaluations, etc.
A. TYPE OF ACTION: Check the appropriate box indicating the type of action required. Use "Other" for actions not specifically listed, i.e. Transfer, Suspension, Return from Leave of Absence, Return from FMLA, etc.
B. ACTION: Status Code: 3 = Regular/Probationary positions; 7 = Seasonal positions (950 hours); 8A = Part-time positions (990 hours); 8B = Part-time positions (1560 hours) with PERS Benefits; and 9 = Part-time (on-call, seasonal 950 hours).
Job Code: Refers to the number assigned to each job classification (refer to salary schedules). Example 397 – Clerk
Wage/Salary Rate: Refer to current salary schedules found on the City of Redding website for appropriate rate. Do not use an hourly rate for a payfor-performance request, use a monthly salary rate, rounded to the nearest dollar.
Classification: Refers to the job title. Example: Clerk II C. EXPLANATION OF ACTION: Please be as specific as possible on the explanation of action. Indicate the reason for the action.
D. CREATE HELP DESK TICKET: Creating an IT Help Desk ticket is a required step in the onboarding and offboarding of employees. Employees cannot be assigned computer permissions and an electronic access key badge unless they are entered into the active directory via a help desk ticket. Changes to computer access and facility access for separating employees should be completed on the effective date of the separation.
E. ORDER OF ROUTING: The Personnel Action Form must be signed by the department director before submitting to the Personnel Office.
F. PROCESSING: This section is to be completed by the Personnel Office.
Packet Pg. 597 Attachment: ^PAF Rehiring K Niemer (9.15(a)--Consider Resolution Rehiring Retired Annuitant K. Niemer)