Agenda Packet — Redding City Council, May 21, 2024 (part 1 of 2)

Agenda
Regular Meeting
Redding City Council
Council Chambers (Doors open 30 minutes prior)
777 Cypress Avenue, Redding, CA
May 21, 2024
6:00 PM

1. CALL TO ORDER - MAYOR TENESSA AUDETTE
A. Pledge of Allegiance
B. Invocation
C. Roll Call

2. PRESENTATIONS
2A. Presentation to outgoing Planning Commissioner Marcus Partin in recognition of his service on the Planning Commission from March 21, 2023, to April 30, 2024.
2B. Presentation to outgoing Planning Commissioner Cameron Middleton in recognition of his service on the Planning Commission from January 22, 2020, to April 30, 2024.

3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction.

PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC

COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non-agendized matters within the City’s jurisdiction.

The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.

If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.gov or in the Public View binder located on the podium at the north side of the Chambers.

PLEASE SILENCE YOUR CELL PHONES. THANK YOU.

Redding City Council May 21, 2024

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4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calendar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered. It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation. 4(a). Approve the following City Council Minutes:
(1) Special Meeting – Closed Session of April 2, 2024, 5:15 p.m.; (2) Special Meeting – April 2, 2024, 5:20 p.m., reconvened meeting from April 1, 2024;
(3) Regular Meeting of April 2, 2024;
(4) Special Meeting – Closed Session of April 16, 2024; and (5) Special Meeting – Closed Session of May 7, 2024.
4(b). Accept City of Redding Accounts Payable Register No. 10; and Payroll Register Nos. 20 and 21.

4.1(a). Adopt Resolution of Intention declaring the City of Redding’s intention to renew the existing Redding Tourism Marketing Business Improvement District Management Plan; and approve setting a Public Meeting on June 18, 2024, and a Public Hearing on July 16, 2024, at 6:00 p.m., in the City Council Chambers, 777 Cypress Avenue, Redding, California, to consider the renewal.

4.1(b). Authorize the Mayor to send a letter of opposition to legislators for Senate Bill 1037 and Assembly Bill 1886. SB 1037 would subject cities, acting in good faith, to be fined for violation of housing laws without opportunity to correct.

AB 1886 encourages a “builder’s remedy” allowing projects to be built that do not adhere to local zoning standards.

4.1(d). Approve the cancellation of Youth Services Contract (C-9273) effective June 30, 2024, between the City of Redding and Youth Violence Prevention Council dba Youth Options Shasta; and authorize the Mayor to sign the cancellation letter.

4.2(a). Authorize and approve the following actions:
(1) Approve the Ground Lease Agreement between the City of Redding and Redding Jet Center for land located at the Redding Regional Airport – 3775 Flight Avenue, with annual rent for the initial year to be $19,054.68; increasing to $44,388.52 for the second year; and the remaining 28-year term until May 31, 2054, the annual rent will be adjusted based on CPI;
(2) Authorize the City Manager, or designee, to sign and execute the lease agreement; and
(3) Find the action categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 – Existing facilities.

Redding City Council May 21, 2024

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4.5(a). Approve the following actions related to the Long-Term Parts, Services and Inspections Contract (C-5661) between Siemens Energy Inc. and the City of Redding for repairs at the City of Redding Power Plant:
(1) Ratify approval of Change Order 45 to Contract 5661 to complete the replacement of Generating Unit 5’s gearbox in the amount of $1,982,447;
(2) Authorize the City Manager, or designee, to sign any documentation or change orders necessary to finalize the project; and
(3) Find that the Change Order 45 is categorically exempt from review under the California Environmental Quality Act pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).

4.5(b). Approve an increase of $39,638.00, from $868,863.41 to $908,501.41, to the purchase price for three underground line trucks (Trucks E440, E441, & E444) and two inspector trucks (Trucks E442 & E443) for the City of Redding Electric Utility which includes shipping from the Altec Facility in North Carolina to the City of Redding Corporation Yard.

4.8(a). Approve the Mutual Threat Zone Agreement (C-1642) between the City of Redding and Cal FIRE commencing on the date both parties sign the Agreement for an auto-renewing term with the condition that the Agreement will remain in place unless terminated by a 60-day notice from the City of Redding or Cal FIRE; and authorize the City Manager to execute the Agreement.

4.9(a). Approve and ratify submission of a grant application to the Community Oriented Policing Services, U.S. Department of Justice, Law Enforcement Mental Health and Wellness Act Program in the amount of $155,920; and authorize the City Manager, or designee, to execute the grant agreement and all subsequent documents including administratively appropriating the funds, if the grant is awarded.

4.11(a). Adopt Resolution accepting the City of Redding’s List of Projects for Fiscal Year 2024-25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.

4.11(b). Authorize the City of Redding Fire Department to purchase a fire station alerting system using National Purchasing Partners Government contract pricing, with a net delivered cost of $434,849.24, including all applicable taxes and fees.

Redding City Council May 21, 2024

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4.11(c). Authorize the following relative to the City of Redding (City) Pump Station 1 Replacement Project:
(1) Authorize the City Manager to submit a U.S. Environmental Protection Agency, Water Infrastructure Finance & Innovation Act loan application in an amount not to exceed $25 million;
(2) Authorize the City Manager to submit U.S. Department of Transportation Federal Highway Administration, National Culvert Removal, Replacement, and Restoration Grant Program (Culvert Aquatic Organism Passage Program) application in an amount not to exceed $6 million with a 20 percent local match of $1.2 million; and
(3) Authorize the City Manager, or designee, to execute all documents necessary to complete the loan and grant submittal process and if awarded loan or grant funds, appropriate the funds, negotiate terms, if any and execute any agreements to implement either the loan or grant.

4.11(d). Accept update regarding the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project and, in accordance with Public Contract Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.

RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.

5. APPOINTMENTS
Mayor Tenessa Audette

5.1. Consider Mayor's appointment to the City of Redding Planning Commission.

Recommendation:

Approve Mayor’s recommendation to appoint Leslie Williem to the Planning Commission, to serve a four-year term beginning May 1, 2024, and ending April 30, 2028.

Redding City Council May 21, 2024

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9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,

BOARDS, COMMISSIONS AND COMMITTEES
City Manager

9.1(c). Consider City of Redding budget reductions for Fiscal Year 2024-25.

Recommendation:

Accept report and provide direction to staff relative to reducing the City of Redding’s Fiscal Year 2024-25 Budget, in preparation for further adjustments in the development of the next biennial budget.

Police

9.9(b). Consider the Redding Police Department Military Equipment Report; and Uncodified Ordinance to provide guidelines regarding military equipment pursuant to Assembly Bill 481.

Recommendation:

Authorize and approve the following relative to the Redding Police Department Military Equipment:
(1) Accept the Redding Police Department Military Equipment Report; (2) Adopt an Uncodified Ordinance adopting and approving a policy to provide guidelines for the approval, acquisition and reporting requirements for military equipment for first reading by title only and waive the full reading; and
(3) Authorize the City Attorney to prepare a summary ordinance, and the City Clerk to publish the same in accordance with law.

Finance

9.10(a). Consider the City of Redding General Fund Quarterly Financial Report for the quarter ended March 2024.

Recommendation:

Accept the General Fund Quarterly Financial Report for the quarter ended March 31, 2024.

11. COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
[A-050-060]
Information Only
Redding City Council May 21, 2024

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12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS

FOR FUTURE CITY COUNCIL MEETINGS

13. ADJOURNMENT
Pursuant to the Brown Act, non-confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3rd Floor, City Hall, 777 Cypress Avenue, Redding, California.

City Council Meetings will be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181, and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: https://www.shastaartscouncil.org/scactv. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.gov/. Open the Services tab, and select City Council Videos.

In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225-4447 or in person, or by mail at 777 Cypress Avenue, 3rd Floor, Redding, California 96001 at least three (3) working days in advance.

The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.

Questions, complaints, or requests for accommodations or additional information may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Presentation to outgoing Planning Commissioner Marcus Partin in recognition of his service on the Planning Commission from March 21, 2023, to April 30, 2024.

Attachments
^Proclamation
MEETING DATE: May 21, 2024
ITEM NO. 2A
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 2A--Presentation to outgoing Planning Commissioner Marcus Partin.

Redding City Council
Packet Pg. 7

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF REDDING, CALIFORNIA IN

HONOR OF

MARCUS PARTIN

CITY OF REDDING PLANNING COMMISSIONER
WHEREAS, Marcus has served the City of Redding as an energetic and dedicated member of the Planning Commission who served a partial term from March 21, 2023, to April 30, 2024; and
WHEREAS, during Marcus' tenure, the Planning Commission addressed significant and development projects, such as: Shea Island Side Channel Restoration Project, Redding Riverfront Specific Plan, Tree Management Ordinance Review, General Plan 2045 Update, and in addition, considered numerous Zoning Code Amendments and subdivision housing developments; and
WHEREAS, Marcus provided an enthusiastic, professional, highly informed, and well-articulated voice in support of the City's General Plan vision to the role of the Planning Commission; and
WHEREAS, Marcus’ expertise in the field of real estate acquisition, analysis, predevelopment, and marketing provided a valuable perspective to staff and fellow Commissioners; and
WHEREAS, Marcus has earned the respect of his fellow Commissioners, City staff, and the City Council for his dedication to the best interests of the City; NOW, THEREFORE, the City Council of the City of Redding does hereby recognize Marcus for his many contributions to the progress of the community and expresses its sincere appreciation for a job well done. Further, it highly commends him for the manner in which he has carried out his responsibilities and duties as a member of the Redding Planning Commission.

Michael Dacquisto, Council Member Mark Mezzano, Council Member Jack Munns, Council Member Julie Winter, Vice Mayor
Tenessa Audette, Mayor
Packet Pg. 8
Attachment: ^Proclamation (2A--Presentation to Outgoing Planning Commissioner Marcus Partin)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Presentation to outgoing Planning Commissioner Cameron Middleton in recognition of his service on the Planning Commission from January 22, 2020, to April 30, 2024.

Attachments
^Proclamation
MEETING DATE: May 21, 2024
ITEM NO. 2B
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 2B--Presentation to outgoing Planning Commissioner Cameron Middleton.

Redding City Council
Packet Pg. 9

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF REDDING, CALIFORNIA IN

HONOR OF

CAMERON MIDDLETON

CITY OF REDDING PLANNING COMMISSIONER
WHEREAS, Cameron has served the City of Redding as an energetic and dedicated member of the Planning Commission who served a full term from January 22, 2020, to April 30, 2024; and
WHEREAS, during Cameron's tenure, the Planning Commission addressed significant land development projects, such as: River Crossing Marketplace Specific Plan, Dignity Health Redding North State Pavilion Project, Springs Senior Residential Care Facility, Northeast Crossing Trail, Hartnell-Holiday Market Shopping Center, Panorama Park and Field House, Shasta Community Health Center's Women's Clinic, Downtown Redding Specific Plan Update, Shea Island Side Channel Restoration Project, 2020-2028 Housing Element Update, Redding Riverfront Specific Plan, Local Hazard Mitigation Plan Update, Tree Management Ordinance Review, General Plan 2045 Update; and in addition, considered numerous Zoning Code Amendments and subdivision housing developments; and
WHEREAS, Cameron provided an enthusiastic, professional, highly informed, and well-articulated voice in support of the City's General Plan vision to the role of the Planning Commission; and
WHEREAS, Cameron’s expertise in the field of commercial and residential real estate development provided a valuable perspective to staff and fellow Commissioners; and
WHEREAS, Cameron has earned the respect of his fellow Commissioners, City staff, and the City Council for his dedication to the best interests of the City; NOW, THEREFORE, the City Council of the City of Redding does hereby recognize Cameron for his many contributions to the progress of the community and expresses its sincere appreciation for a job well done. Further, it highly commends him for the manner in which he has carried out his responsibilities and duties as a member of the Redding Planning Commission.

Michael Dacquisto, Council Member Mark Mezzano, Council Member Jack Munns, Council Member Julie Winter, Vice Mayor
Tenessa Audette, Mayor
Packet Pg. 10
Attachment: ^Proclamation (2B--Presentation to outgoing Planning Commissioner Cameron Middleton)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve the following City Council Minutes:
(1) Special Meeting – Closed Session of April 2, 2024, 5:15 p.m.; (2) Special Meeting – April 2, 2024, 5:20 p.m., reconvened meeting from April 1, 2024; (3) Regular Meeting of April 2, 2024;
(4) Special Meeting – Closed Session of April 16, 2024; and (5) Special Meeting – Closed Session of May 7, 2024.

Attachments
^Unofficial Minutes - Special Meeting - Closed Session of April 2, 2024, 5:15 pm ^Unofficial Minutes - Special Meeting - April 2, 2024 reconvene 0520 pm ^Unofficial Minutes - Regular Meeting of April 2, 2024
^Unofficial Minutes - Special Meeting - Closed Session of April 16, 2024 ^Unofficial Minutes - Special Meeting - Closed Session of May 7, 2024 MEETING DATE: May 21, 2024
ITEM NO. 4(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(a)--Approve City Council Minutes.

Sharlene Tipton, City Clerk
Packet Pg. 11
349
04/02/2024
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 2, 2024, 5:15 PM
The meeting was called to order by Mayor Tenessa Audette with the following Council Members present: Michael Dacquisto, Mark Mezzano, Jack Munns, and Julie Winter.

Also present: City Manager Barry Tippin, Assistant City Manager Steve Bade, City Attorney Christian M. Curtis, Assistant City Clerk Anette Cates, and Executive Assistant Erin Barnhart.

PUBLIC COMMENT
Mayor Audette determined that no one present wished to address the items agendized for Closed Session.

CLOSED SESSION
At the hour of 5:15 p.m., Mayor Audette opened the Special Meeting and announced that the Council would adjourn to Closed Session.

At the hour of 6:00 p.m., Mayor Audette reconvened the Special Meeting to Open Session and reported that in reference to:
3A. Closed Session pursuant to California Government Code Section 54956.9(d)(2) & (e)(3):

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation
Claim No. 23-028-861 by Richard Christoph, for damage caused by a water main burst at 2269 Waldon Street on December 7, 2022.

Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
3B. Closed Session pursuant to California Government Code Section 54956.9(d)(2) & (e)(3):

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation
Claim Nos. 22-063, 064, 065-442 by Geana, Lilly and Adaline Hughes, for injuries and damage sustained in an accident with a Redding Police Department vehicle on March 23, 2022.

Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
3C. Closed Session pursuant to California Government Code Section 54957.6:

CONFERENCE WITH LABOR NEGOTIATOR
Designated Agency Representative: Personnel Director Kibler Employee Organization: Local 1934 of International Association of Fire Fighters Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.

ADJOURNMENT
There being no further business at the hour of 6:01 p.m., Mayor Audette declared the meeting adjourned.

APPROVED:
_______________________________
Tenessa Audette, Mayor
ATTEST:
_______________________________
Anette Cates, Assistant City Clerk
Packet Pg. 12
Attachment: ^Unofficial Minutes - Special Meeting - Closed Session of April 2, 2024, 5:15 pm (4(a)--Approve City Council Minutes) 350
04/02/2024
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 2, 2024, 5:20 PM
At the Special Meeting of Monday, April 1, 2024, the City Council voted to issue an Order of Adjournment and reconvene as a Special Meeting on Tuesday, April 2, 2024, to consider agenda item 4.11(a) (Termination of Contract with Jason Abel Construction, Inc. and Potential Findings of Fact to consider terminating the Public Works Agreement ("Agreement") dated March 15, 2022) The meeting was reconvened at 8:46 p.m. by Mayor Tenessa Audette with the following Council Members present: Michael Dacquisto, Mark Mezzano, Jack Munns, and Julie Winter.

Also present: City Manager Barry Tippin, Assistant City Manager Steve Bade, City Attorney Christian M. Curtis, Assistant City Clerk Anette Cates, and Executive Assistant Erin Barnhart.

REGULAR CALENDAR:

4.11(a).Termination of Contract with Jason Abel Construction, Inc. and Potential Findings of Fact to consider terminating the Public Works Agreement ("Agreement") dated March 15, 2022, between the City of Redding and Jason Abel Construction, Inc. ("Contractor") with respect to the Magnolia Area Sewer Improvements Project, Phase 1, Bid Schedule 5263, Job No. 2629 ("Project") for the Contractor's default.

City Attorney Curtis summarized the Report to City Council (staff report), incorporated herein by reference.

Mr. Curtis stated that since agenda publication, a proposed settlement agreement was reached with Abel Construction, Inc., subject to Council’s approval, to allow for mutual termination, and to allow the City of Redding to move forward from this with a complete waiver of all claims by both sides. The draft settlement agreement was finalized, signed and uploaded to the City’s website for the public’s and City Council’s review at the same time.

Additionally, Mr. Curtis recommended to the Council that since the draft settlement agreement was reached while the Special Meeting of April 1, 2024, was adjourned, the Council should make the findings as an off agenda item which would require two-thirds vote, or four out of five Council Members to make the following findings: (1) that the proposed settlement agreement came to the attention of the Council after publication, in this case last evening; and (2) that this requires immediate action since the deadline that had been set under the contractor’s schedule for action to be taken has been reached. He also recommended that the Council make this motion before a substantive discussion of the proposed settlement agreement is discussed.

A MOTION WAS MADE by Council Member Dacquisto, second by Council Member Munns, to: (1) make the findings as an off agenda item that the findings came to the attention of Council after the agenda was published; and (2) this requires immediate action.

The Vote: Unanimous Ayes.

Mr. Curtis briefly summarized the details contained within the proposed settlement agreement, incorporated herein by reference.

A SECOND MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Dacquisto, to: (1) find that the Contractor has failed to commence satisfactory corrective actions and/or diligently continued satisfactory and timely correction of the default under the Agreement as the City requested via Notice to Cure sent to the Contractor on February 23, 2024; (2) find that the Contractor is in default of the Public Works Agreement ("Agreement") dated March 15, 2022, between the City of Redding and Jason Abel Construction, Inc. ("Contractor") with respect to the Magnolia Area Sewer Improvements Project, Phase 1, Bid Schedule 5263, Job No. 2629; and (3) authorize the City Manager to take all appropriate action to terminate the agreement, including, as appropriate, written notice of termination for default to the Contractor and its Surety.

The Vote: Unanimous Ayes.

Packet Pg. 13
Attachment: ^Unofficial Minutes - Special Meeting - April 2, 2024 reconvene 0520 pm (4(a)--Approve City Council Minutes) 351
04/02/2024

ADJOURNMENT
There being no further business at the hour of 8:50 p.m., Mayor Audette declared the meeting adjourned.

APPROVED:
_______________________________
Tenessa Audette, Mayor
ATTEST:
_______________________________
Anette Cates, Assistant City Clerk
Packet Pg. 14
Attachment: ^Unofficial Minutes - Special Meeting - April 2, 2024 reconvene 0520 pm (4(a)--Approve City Council Minutes) 352
04/02/2024
Unofficial Minutes Redding City Council, Regular Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 2, 2024, 6:00 PM
The meeting was called to order at 6:02 p.m. by Mayor Tenessa Audette with the following Council Members present: Michael Dacquisto, Mark Mezzano, Jack Munns, and Julie Winter.

Also present: City Manager Barry Tippin, Assistant City Manager Steve Bade, City Attorney Christian M. Curtis, Assistant City Clerk Anette Cates, and Executive Assistant Erin Barnhart.

The Pledge of Allegiance to the Flag was led by Mayor Audette.

The Invocation was provided by Dan Conklin, Redding Police and Fire Departments’ Chaplain.

PRESENTATIONS
2A. Mayor’s Proclamation presented to First 5 Shasta declaring April 6-13, 2024, as Week of the Young Child in the City of Redding.

The City Council took no action on this informational item. 2B. Mayor's Proclamation presented to the Shasta County Arts Council declaring April 2024 as Arts, Culture, and Creativity Month in the City of Redding.

The City Council took no action on this informational item. 2C. Mayor's Proclamation presented to Pathways to Hope for Children declaring April 2024 as Child Abuse Prevention Awareness Month in the City of Redding.

The City Council took no action on this informational item. 2D. PowerPoint presentation provided by Danny Orloff, Tourism Marketing Director for Visit Redding, incorporated herein by reference, providing a quarterly report regarding tourism marketing and promotion efforts for the City of Redding.

The City Council took no action on this informational item.

PUBLIC COMMENT
Alex Bielecki encouraged anyone of voting age to vote and opined that media outlets are not properly sharing inflation costs.

CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar and each Report to the City Council (staff report) is incorporated herein by reference:
4(a). Approve Minutes: Special Meeting – Closed Session of March 19, 2024; and Regular Meeting of March 19, 2024.
4(b). Accept the following City of Redding Accounts Payable and Payroll Registers:
(1) Accounts Payable Register No. 8 for the period of February 1, 2024, through February 29, 2024, for a total of $22,365,925.57; (2) Payroll Register No. 16 for the period of January 21, 2024, through February 03, 2024, for a total of $4,730,388.99; and (3) Payroll Register No. 17, for the period of February 4, 2024, through February 17, 2024, for a total of $4,758,690.72; SUMMARY TOTAL: $31,855,005.28.

4.5(a). Authorize the following relative to Bid Schedule No. 5449, Furnish the City of Redding Electric Utility with Aluminum Conductor: (1) award to American Wire Group, LLC in the amount of $206,054.06; and (2) authorize the City of Redding Purchasing Officer to amend the Purchase Order for price adjustments in direct proportion to Platt’s Metal Market pursuant to Section Two of the bid specifications.

Packet Pg. 15
Attachment: ^Unofficial Minutes - Regular Meeting of April 2, 2024 (4(a)--Approve City Council Minutes) 353
04/02/2024

4.5(b). This item was moved to the Regular Calendar as item number 9.5(b) at the request of Council Member Mezzano.

4.6(a). Adopt Resolution No. 2024-028, a resolution of the City Council of the City of Redding, proclaiming Friday, April 26, 2024, Community Tree Planting Day, otherwise known as Arbor Day, in the City of Redding; and recognizing the City of Redding’s Community Services Department - Parks Division for receiving the Tree City U.S.A. Award, and the City of Redding Electric Utility for receiving the Tree Line U.S.A. Utility Award.

4.6(b). Authorize the following actions relative to the City of Redding Aquatic Center Grant:
(1) accept the State of California – Natural Resources Agency Department of Parks and Recreation: Division of Boating and Waterways (Cal Boating) Aquatic Center Grant in the amount of $38,000; (2) authorize the City Manager, or designee, to execute the grant agreement and associated documents with Cal Boating to implement the Aquatic Center Grant FY 2023-24 project; and (3) adopt Resolution No. 2024-029, a resolution of the City Council of the City of Redding, approving and adopting the 38th Amendment to Budget Resolution No. 2023-060 appropriating $38,000 in state grant funds for the project.

4.8(a). Authorize and approve the following: (1) authorize the City of Redding Fire Department to overhire two firefighters for the upcoming April 2024 fire academy to fill anticipated openings due to retirement and industrial injury that would otherwise require staff overtime; and (2) adopt Resolution No. 2024-030, a resolution of the City Council of the City of Redding, approving and adopting the 39th Amendment to the City Budget Resolution No. 2023-060 appropriating $0 to the Redding Fire Department for the additional two full-time Firefighters for Fiscal Year 2023-24 and one additional full-time Firefighter for Fiscal Year 2024-25.

4.8(b). Authorize the City of Redding Fire Department to apply for a Federal Emergency Management Agency 2023 Fire Prevention and Safety grant in the amount of $100,000, with a five percent “in-kind” match requirement, for the completion of risk assessment/reduction and strategic planning documents.

4.11(a).This item was moved to the Regular Calendar as item number 9.11(a) at the request of Council Member Mezzano.

4.11(b).Accept the improvements in Salt Creek Heights Subdivision–Unit 3 (S-15-07/PD-11-07) as satisfactorily complete; and adopt Resolution No. 2024-031, a resolution of the City Council of the City of Redding, accepting the Salt Creek Heights Subdivision–Unit 3 (S15-07/PD-11-07) streets for maintenance and operation.

4.11(c).Accept Bid Negotiation No. 5402 (Job No. 2707), Replace Asphalt Concrete Surfacing 2023 Project, awarded to Tullis, Inc., as satisfactorily complete, with a final cost of $1,804,578.55.

4.11(d).Authorize the following actions relative to Bid Schedule No. 5452 (Job No. 2663), City of Redding Churn Creek Lift Station Rehabilitation Project: (1) award to SnL Group, Inc., in the amount of $562,600; (2) approve an additional $80,000 to cover the cost of administration and inspection fees; (3) approve $25,000 for project development costs; (4) approve $57,000 to provide construction contingency funding; (5) authorize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of $50,000; and (6) find that the Project is categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 - Existing Facilities, 15302- Replacement or Reconstruction, and 15303 - New Construction or Conversion of Small Structures.

4.11(e).Accept Bid Schedule No. 5366 (Job No. 2701), Cape Seal 2023 Project, awarded to VSS International, Inc., as satisfactorily complete, with a final cost of $2,388,552.75.

4.11(f). Approve and authorize the following: (1) approve the Fourth Amendment to Consulting and Professional Services Contract (C-8146) with Stantec Consulting, Inc., for a total not to exceed fee of $698,455.10, an increase of $428,946.85, for environmental services for the Old Oregon Trail Safety Improvement Project; (2) authorize the Mayor to execute the Amendment; and (3) authorize the City Manager to execute additional contract amendments up to $70,000.

Packet Pg. 16
Attachment: ^Unofficial Minutes - Regular Meeting of April 2, 2024 (4(a)--Approve City Council Minutes) 354
04/02/2024

4.11(g).Authorize and approve the following actions regarding the sale of City of Redding-owned real property adjacent to 3030 Crossroads Drive (Assessor’s Parcel No. 110-270-027) to Maruti Highway 44 LLC: (1) adopt Resolution No. 2024-032, a resolution of the City Council of the City of Redding, declaring the property as exempt surplus property, subject to the retention of any existing easements for public service utilities; (2) authorize staff to obtain a Broker’s opinion of value and waive the appraisal requirement; (3) authorize the City Manager, or designee, to negotiate and finalize a purchase and sale agreement; (4) authorize the Mayor to execute the purchase and sale agreement and all subsequent documentation to facilitate the disposition of the property; and (5) find that the activity is categorically exempt from environmental review under the California Environmental Quality Act Guidelines, pursuant to Section 15312 - Surplus Government Property Sales.

4.11(h).Authorize and approve the following actions relative to the Summary Vacation of a portion of Old 44 Drive (A-2023-01097): (1) adopt Resolution 2024-033, a resolution of the City Council of the City of Redding, summarily vacating a portion of Old 44 Drive adjacent to Parcel 3 as shown on the Parcel Map No. LS-7-87 filed in Book 27 of Parcel Maps at page 28, Shasta County Records described in Exhibit A and depicted in Exhibit B; (2) find the action consistent with the General Plan; and (3) find the action categorically exempt from environmental review under the California Environmental Quality Act Guidelines, pursuant to Section 15035 – Minor Alterations in Land Use Limitations.

A MOTION WAS MADE by Council Member Winter, seconded by Council Member Mezzano, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized as recommended.

The Vote:

AYES: Council Members – Dacquisto, Mezzano, Munns, Winter, and Audette NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution Nos. 2024-028 through 2024-033 are on file in the Office of the City Clerk.

APPOINTMENTS

5.1. Mayor's appointments to the City of Redding Planning Commission.

Mayor Audette provided a brief overview of the Report to City Council (staff report), incorporated herein by reference.

Steve Kohn opined that he disagrees with the individuals recommended by the Mayor to serve on the Planning Commission.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Munns, seconded by Council Member Winter, to approve the Mayor’s recommendation to appoint David Stine and Joshua Johnson to the Planning Commission, both to serve four-year terms beginning May 1, 2024, and ending April 30, 2028.

The Vote:

AYES: Council Members – Munns, Winter, and Audette
NOES: Council Members – Dacquisto, and Mezzano
ABSTAIN: Council Members – None
ABSENT: Council Members – None

PUBLIC HEARINGS

6.1 Public Hearing - Ordinance regarding Rezoning Application RZ-2024-00163, to update the Floodplain regulations to comply with Federal Emergency Management Agency (FEMA) criteria.

Planning Manager Lily Toy summarized the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.

The hour of 6:51 p.m. having arrived, Mayor Audette opened the Public Hearing.

The Affidavit of Publication – Notice of Public Hearing is on file in the Office of the City Clerk.

Packet Pg. 17
Attachment: ^Unofficial Minutes - Regular Meeting of April 2, 2024 (4(a)--Approve City Council Minutes) 355
04/02/2024
Mayor Audette determined that no one present wished to address the matter and closed the public hearing at 6:52 p.m.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Winter, seconded by Council Member Mezzano, to authorize and approve the following actions relating to text clean-up and updating of the City of Redding Zoning Code: (1) offer Ordinance No. 2668, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 18 (Zoning), Chapter 18.51 (“FP” Floodplain Overly District) by amending Sections 18.51.020 (Basis for Establishing Areas of Special Flood Hazard), 18.51.030 (General Provisions),

18.51.080 (Construction Standards), 18.51.150 (Nonconforming Uses in the Floodway or Floodplain), and 18.51.190 (Variances), for first reading by title only and waive the full reading; (2) authorize the City Attorney to prepare and the City Clerk to publish the summary ordinance according to law; and (3) find the Addendum to the Mitigated Negative Declaration is adequate to comply with the requirements of the California Environmental Quality Act.

The Vote:

AYES: Council Members – Dacquisto, Mezzano, Munns, Winter, and Audette NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
City Attorney Curtis read the title of Ordinance No. 2668.

REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,

BOARDS, COMMISSIONS AND COMMITTEES

9.2(b). United Way's Mark Street Emergency Housing Site Presentation and property sublease extension by President and Chief Executive Officer Larry Olmstead.

Mr. Olmstead introduced Senior Director of Programs Kalie Brisbon, and Senior Program Manager Tim Danielson, who summarized the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.

The following people spoke in favor of the United Way’s emergency housing extension:

Art Sevilla, Reverend Janet Chapman, CJ Dodson, Wendy Saunders, Laural Park, and Katie Swartz. Marci Fernandes also spoke in support and provided a handout to Council, incorporated herein by reference.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Dacquisto, to authorize the City Manager to extend the term of the Property Sublease with United Way (C-9664) for six months, thereby terminating on December 31, 2024.

The Vote:

AYES: Council Members – Dacquisto, Mezzano, Munns, Winter NOES: Council Members – Audette
ABSTAIN: Council Members – None
ABSENT: Council Members – None
**Vice Mayor Winter left the Chambers at 7:18 p.m., and returned at 7:19 p.m.

9.2(c). Appropriation of Encampment Resolution Funding 3-L Award.

Housing and Community Development Manager Nicole Smith summarized the Report to City Council (staff report), incorporated herein by reference.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Winter, seconded by Council Member Mezzano, to approve and authorize the following actions concerning the Encampment Packet Pg. 18
Attachment: ^Unofficial Minutes - Regular Meeting of April 2, 2024 (4(a)--Approve City Council Minutes) 356
04/02/2024
Resolution Funding Lookback Disbursement 3-L Program: (1) authorize the City Manager, or designee, to appropriate $30,000 for intermittent motel stays that assist the Crisis Intervention Response Team; (2) authorize the City Manager, or designee, to appropriate up to $725,000 to No Boundaries Transitional Housing, Inc.; and authorize the City Manager, or designee, to negotiate and execute a funding agreement through June 2025; (3) authorize the City Manager, or designee, to appropriate $45,000 to support the Good News Rescue Mission’s temporary day resource center; (4) receive results from a case management survey completed by local community organizations; and direct staff to prepare and publish a Request for Proposals for case management services that assist the Crisis Intervention Response Team; (5) authorize the City Manager, or designee, to apply for grant funds from the Encampment Resolution Funding Round 3, Rolling Application; and (6) find that appropriating grant funds is not considered a project under the California Environmental Quality Act Guidelines. The Vote: Unanimous Ayes

9.2(d). Presentation by Frontier Energy Director Chris White regarding an assessment for the City of Redding Zero Emission Vehicle Transition.

Mr. White highlighted the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Winter, seconded by Council Member Mezzano, to: (1) accept the presentation regarding the assessment for the City of Redding Zero Emission Vehicle Transition; and (2) direct staff to create an implementation plan as part of the Fiscal Year 2024-25 budget process. The Vote: Unanimous Ayes.

9.5(b). This item was moved from the Consent Calendar as item 4.5(b) at the request of Council Member Mezzano.

Authorize Grid Resilience and Innovation Partnerships (GRIP) Grant Application Submittal to Department of Energy.

Electric Utility Director Nick Zettel provided an overview of the Report to City Council (staff report), incorporated herein by reference.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Munns, to authorize the City of Redding Electric Utility (REU) Director, or designee, to submit a GRIP Grant Program application to the U.S. Department of Energy for approximately $35 million to implement REU’s Grid Modernization Program to modernize and enhance the distribution system’s reliability and resiliency.

The Vote: Unanimous Ayes.

9.11(a).This item was moved from the Consent Calendar as item 4.11(a) at the request of Council Member Mezzano.

Purchase of Vacuum Excavator for the City of Redding Storm Drain Utility.

Public Works Director Michael Webb summarized the Report to City Council (staff report), incorporated herein by reference.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Munns, to: (1) authorize the purchase of a vacuum excavator using Sourcewell contract pricing, with a net delivered cost of $542,797.45, including all applicable taxes and fees, for maintenance of the City of Redding Storm Drain system; and (2) authorize the City Manager to approve future pricing adjustments, terms, and policy changes as needed up to an additional $10,000.00 for the purchase of the vacuum excavator.

The Vote: Unanimous Ayes.

Packet Pg. 19
Attachment: ^Unofficial Minutes - Regular Meeting of April 2, 2024 (4(a)--Approve City Council Minutes) 357
04/02/2024

SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS FOR

FUTURE CITY COUNCIL MEETINGS
At Mayor Audette’s suggestion, a consensus of the Council directed staff to return to Council with the following information regarding Planning Commission’s Board Members: current seated board members names, remaining terms, and the individual board member’s submitted applications.

ADJOURNMENT
There being no further business at the hour of 8:45 p.m., Mayor Audette declared the meeting adjourned.

APPROVED:
_______________________________
Tenessa Audette, Mayor
ATTEST:
_______________________________
Anette Cates, Assistant City Clerk
Packet Pg. 20
Attachment: ^Unofficial Minutes - Regular Meeting of April 2, 2024 (4(a)--Approve City Council Minutes) 358
04/16/2024
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 16, 2024, 5:15 PM
The meeting was called to order by Mayor Tenessa Audette with the following Council Members present: Michael Dacquisto, Mark Mezzano, Jack Munns, and Julie Winter.

Also present: City Manager Barry Tippin, Assistant City Manager Steve Bade, City Attorney Christian M. Curtis, City Clerk Sharlene Tipton, and Executive Assistant Erin Barnhart.

PUBLIC COMMENT
Mayor Audette determined that no one present wished to address the items agendized for Closed Session.

CLOSED SESSION
At the hour of 5:15 p.m., Mayor Audette opened the Special Meeting and announced that the Council would adjourn to Closed Session.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Adams v. City of Redding, et al.; U.S. District Court, Eastern District of California, Case No. 2:20-cv-01610-TLN-DMC
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
3B. Closed Session pursuant to California Government Code Section 54956.9(d)(4):

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of Litigation
One potential case
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
3C. Closed Session pursuant to California Government Code Section 54957.6:

CONFERENCE WITH LABOR NEGOTIATOR
Designated Agency Representative: Personnel Director Kibler Employee Organizations:
(1) Local 1934 of International Association of Fire Fighters; and (2) Redding Independent Employees’ Organization - Clerical, Technical and Professional Unit
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.

ADJOURNMENT
There being no further business at the hour of 6:04 p.m., Mayor Audette declared the meeting adjourned.

APPROVED:
_______________________________
Tenessa Audette, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
Packet Pg. 21
Attachment: ^Unofficial Minutes - Special Meeting - Closed Session of April 16, 2024 (4(a)--Approve City Council Minutes) 05/07/2024
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
May 7, 2024, 5:15 PM
The meeting was called to order by Mayor Tenessa Audette with the following Council Members present: Michael Dacquisto, Mark Mezzano, Jack Munns, and Julie Winter.

Also present: City Manager Barry Tippin, Assistant City Manager Steve Bade, City Attorney Christian M. Curtis, City Clerk Sharlene Tipton, and Executive Assistant Erin Barnhart.

PUBLIC COMMENT
Mayor Audette determined that no one present wished to address the items agendized for Closed Session.

CLOSED SESSION
At the hour of 5:15 p.m., Mayor Audette opened the Special Meeting and announced that the Council would adjourn to Closed Session.

At the hour of 5:59 p.m., Mayor Audette reconvened the Special Meeting to Open Session and reported that in reference to:
3A. Closed Session pursuant to California Government Code Section 54957.6:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property Location: Stillwater Business Park, Lots 14 and 15; Assessor’s Parcel Nos. 054-260-006 and 054-260-007
Agency Negotiator: City Manager Tippin
Negotiating Parties: City of Redding and Fabric Workshop, Inc.

Under Negotiation: Price and Terms
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.

ADJOURNMENT
There being no further business at the hour of 6:00 p.m., Mayor Audette declared the meeting adjourned.

APPROVED:
_______________________________
Tenessa Audette, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
Packet Pg. 22
Attachment: ^Unofficial Minutes - Special Meeting - Closed Session of May 7, 2024 (4(a)--Approve City Council Minutes)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Accept City of Redding Accounts Payable Register No. 10; and Payroll Register Nos. 20 and 21.

Fiscal Impact
There is no fiscal impact to accepting the registers.

Alternative Action
The City Council could choose to not accept the registers and provide alternate direction to staff.

Background/Analysis
Attached are the Accounts Payable and Payroll Registers as follows:

Accounts Payable:
(1) Register No. 10 for the period April 1, 2024 – April 30, 2024, in the amount of $24,465,340.63.

Payroll:
(1) Register No. 20 for the period March 17, 2024 – March 30, 2024, in the amount of $4,889,267.22 and Register No. 21 for the period March 31, 2024 – April 13, 2024, in the amount of $4,795,465.15.

Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.

MEETING DATE: May 21, 2024
ITEM NO. 4(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(b)--City of Redding Accounts Payable and Payroll Registers.

Greg Robinett, Director of
Finance/City Treasurer
Packet Pg. 23
Report to Redding City Council May 2, 2024
Re: 4(b)--Accounts Payable and Payroll Registers Page 2 Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Attachments
Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) Packet Pg. 24
Packet Pg. 25
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 26
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 27
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 28
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 29
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 30
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 31
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 32
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 33
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 34
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 35
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 36
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 37
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 38
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 39
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 40
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 41
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 42
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 43
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 44
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 45
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 46
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 47
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 48
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 49
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 50
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 51
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 52
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 53
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 54
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 55
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 56
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 57
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 58
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 59
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 60
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 61
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 62
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 63
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 64
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 65
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 66
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 67
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 68
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 69
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 70
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 71
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 72
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 73
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll Packet Pg. 74
Attachment: Accounts Payable Register No. 10 and Payroll Register No. 20 & 21 (available online) (4(b)--Accounts Payable and Payroll

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution of Intention declaring the City of Redding’s intention to renew the existing Redding Tourism Marketing Business Improvement District Management Plan; and approve setting a Public Meeting on June 18, 2024, and a Public Hearing on July 16, 2024, at 6:00 p.m., in the City Council Chambers, 777 Cypress Avenue, Redding, California, to consider the renewal.

Fiscal Impact
There is no impact to the General Fund with the recommended action. The City of Redding (City) will receive a fee of one percent of the amount collected to cover its costs of administration. The total initial assessment budget is estimated to be $1.4 million. Of this amount, $1.162 million (83%) – sales and marketing; $28,000 (2%) – contingency/reserve; $196,000 (14%) – administration; and $14,000 (1%) – City fee.

Because the Redding Tourism Management Business Improvement District (RTMBID) programs are intended to increase visitation to the City, there may be an increase in transient occupancy tax and sales tax collections.

Alternative Action
Council could choose not to adopt the Resolution of Intention to renew the RTMBID Management District Plan and provide direction to staff.

MEETING DATE: May 21, 2024
ITEM NO. 4.1(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.1(a)--Resolution of Intention to Renew the Redding Tourism Marketing Business Improvement District Management District Plan
Jason Gibilisco, Management
Assistant to the City Manager
Packet Pg. 75
Report to Redding City Council May 15, 2024
Re: 4.1(a)--Resolution of Intention to Renew the RTMBID District Plan Page 2 Background/Analysis
The RTMBID is a benefit assessment district proposed to continue a revenue source to help fund marketing and sales promotion efforts for the City’s lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The renewed RTMBID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City.

Lodging business owners decided to pursue renewal of the RTMBID in order to continue a revenue source devoted to marketing Redding as a tourist, meeting and event destination. If renewed, the RTMBID would generate approximately $1.4 million on an annual basis for promotion of travel and tourism specific to Redding.

TOURISM MARKETING BUSINESS DISTRICTS
Tourism Marketing Business Improvement Districts (TMBIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TMBID fund the TMBID, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TMBID.

TMBID benefits:
• Funds cannot be diverted for other government programs; • They are customized to fit the needs of each destination; • They allow for a wide range of services; including: destination marketing, tourism promotion, and sales lead generation;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable funding source for tourism promotion.

In California, TMBIDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TMBIDs and other special benefit assessment districts is that funds raised are returned to the private nonprofit corporation governing the TMBID.

MANAGEMENT DISTRICT PLAN
The Management District Plan includes the proposed boundary of the RTMBID, a service plan and budget and a proposed means of governance. The RTMBID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City.

The annual assessment rate is two percent of the gross short-term sleeping room rental revenue.

During the ten-year term, the assessment rate may be increased annually by the Redding Tourism Marketing Group, Inc. (RTMG), RTMBID’s Owners’ Association, by a maximum of one quarter of one percent of gross short-term sleeping room rental revenue per year. The total assessment rate shall not exceed three percent. Based on the benefit received, assessments will not be Packet Pg. 76
Report to Redding City Council May 15, 2024
Re: 4.1(a)--Resolution of Intention to Renew the RTMBID District Plan Page 3 collected on stays of more than thirty consecutive days, counting portions of calendar days as full days, nor on stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. The assessment shall be collected on stays until the period of thirty days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.

The renewed RTMBID will have a ten-year term, beginning January 1, 2026, or as soon as possible thereafter, and ending ten years from the start date. The assessment will be implemented beginning January 1, 2026. Once per year beginning on the anniversary of RTMBID renewal there is a thirty day period in which business owners paying fifty percent or more of the assessment may protest and begin proceedings to terminate the RTMBID.

The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each lodging business located in the boundaries of the RTMBID. The City shall make all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments to the RTMG which will have the responsibility of managing RTMBID programs as provided in the Management District Plan. The City shall be paid a fee equal to one percent of the amount of assessment collected to cover its costs of collection and administration.

RTMBID RENEWAL PROCESS
May 21, 2024 RESOLUTION OF INTENTION
Upon the submission of a written petition, signed by the business owners in the renewed RTMBID who will pay more than 50 percent of the assessments proposed to be levied, the City Council may initiate proceedings to renew the RTMBID by the adoption of a resolution expressing its intention to renew a district.

Petition Status: Petitions in favor of RTMBID renewal were submitted by 18 lodging businesses, which represent 60 percent of the total RTMBID assessment. This majority petition allows the Council to initiate proceedings for RTMBID renewal at the May 21, 2024, meeting.

No later than
June 1, 2024 NOTICE
The 94 Law requires the City to mail written notice to the owners of all businesses proposed to be within the RTMBID. Mailing the notice begins a mandatory 45-day period in which owners may protest RTMBID renewal.

June 18, 2024 PUBLIC MEETING
Allow public testimony on the renewal of the RTMBID and levy of assessments. No Council action required.

Packet Pg. 77
Report to Redding City Council May 15, 2024
Re: 4.1(a)--Resolution of Intention to Renew the RTMBID District Plan Page 4 July 16, 2024 FINAL PUBLIC HEARING AND ADOPTION OF THE RESOLUTION

OF INTENTION
If written protests are received from the owners of businesses in the renewed RTMBID which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one year from the date of the finding of a majority protest by the Council.

If the Council, following the public hearing, decides to establish the renewed RTMBID, the Council shall adopt a resolution of formation.

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
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Resolution of Intention
Management District Plan
Packet Pg. 78
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

DECLARING ITS INTENTION TO RENEW THE REDDING TOURISM

MARKETING BUSINESS IMPROVEMENT DISTRICT (RTMBID) AND

FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC

HEARING THEREON AND GIVING NOTICE THEREOF
WHEREAS, the City of Redding (City) created the RTMBID for a five (5) year term on June 3, 2008, by Resolution No. 2008-56; and
WHEREAS, the RTMBID was subsequently renewed in 2011 and again in 2015 for an additional ten (10) year term, by Resolution No. 2015-038, which ends on December 31, 2025; and WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and
WHEREAS, Redding Tourism Marketing Group, Inc. (RTMG), lodging business owners, and representatives from the City have met to consider the renewal of the RTMBID; and WHEREAS, RTMG has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the RTMBID, a service plan and budget, and a proposed means of governance; and
WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the assessment under the RTMBID have petitioned the City Council to renew the RTMBID; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:

1. The recitals set forth herein are true and correct.

2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the RTMBID. The City Council accepts the petitions and adopts this Resolution of Intention to renew the RTMBID and to levy an assessment on lodging businesses within the RTMBID boundaries in accordance with the Property and Business Improvement District Law of 1994.

3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622.

4. The City Council declares its intention to renew the RTMBID and to levy and collect assessments on lodging businesses within the RTMBID boundaries pursuant to the Property and Business Improvement District Law of 1994.

Packet Pg. 79
Attachment: ^Resolution of Intention (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan)

5. The RTMBID shall include all lodging businesses, existing and in the future, availible for public occupancy located within the boundaries of the City of Redding, as shown in the map attached herein as Exhibit A.

6. The name of the district shall be Redding Tourism Marketing Business Improvement District (RTMBID).

7. The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue.

During the ten (10) year term, the assessment rate may be increased annually by the RTMG by a maximum of one quarter of one percent (0.25%) of gross short-term sleeping room rental revenue per year. The total assessment rate shall not exceed three percent (3%). Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days, counting portions of calendar days as full days, nor on stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. The assessment shall be collected on stays until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.

8. The assessments levied for the RTMBID shall be applied toward sales and marketing programs to market assessed lodging businesses in Redding as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which RTMBID assessments are levied, as long as they are used consistent with the requirements of this resolution, the ordinance, and the Plan.

9. The renewed RTMBID will have a ten (10) year term, beginning January 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date, unless renewed pursuant to Streets and Highways Code §36660.

10. Bonds shall not be issued.

11. The time and place for the public meeting to hear testimony on renewing the RTMBID and levying assessments are set for June 18, 2024, at 6:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 777 Cypress Avenue, Redding, CA 96001.

12. The time and place for the public hearing to renew the RTMBID and the levy of assessments are set for July 16, 2024, at 6:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 777 Cypress Avenue, Redding, CA 96001. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623, no later than June 1, 2024.

13. At the public meeting and hearing the testimony of all interested persons for or against the renewal of the RTMBID may be received. If, at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the renewed RTMBID that will pay fifty percent (50%) or more of the estimated total assessment of the entire RTMBID, no further proceedings to renew the RTMBID shall occur for a period of one (1) year.

Packet Pg. 80
Attachment: ^Resolution of Intention (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan)

15. The complete Plan is on file with the City Clerk and may be reviewed upon request.

16. This resolution shall take effect immediately upon its adoption by the City Council.

I HEREBY CERTIFY that the foregoing Resolution of Intention was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 21st day of May, 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. 81
Attachment: ^Resolution of Intention (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan)

EXHIBIT A
District Boundaries
Packet Pg. 82
Attachment: ^Resolution of Intention (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 1
January 4, 2024
2026-2035

REDDING TOURISM MARKETING BUSINESS

IMPROVEMENT DISRTICT

MANAGEMENT DISTRICT PLAN
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

January 4, 2024
Packet Pg. 83
Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 2
January 4, 2024

CONTENTS
I. OVERVIEW......................................................................................................................................... 3 II. IMPETUS .............................................................................................................................................. 5 III. BACKGROUND................................................................................................................................. 6 IV. BOUNDARY........................................................................................................................................ 7 V. ASSESSMENT BUDGET AND SERVICES................................................................................ 8 A. Annual Service Plan..............................................................................................................................8 B. Annual Budget.....................................................................................................................................10 C. California Constitutional Compliance .............................................................................................11 D. Assessment...........................................................................................................................................13 E. Interest and Overdue Charges..........................................................................................................14 F. Time and Manner for Collecting Assessments ..............................................................................14 VI. GOVERNANCE ...............................................................................................................................15 A. Owners’ Association...........................................................................................................................15 B. Owners’ Association Board of Directors Makeup ........................................................................15 C. Brown Act and California Public Records Act Compliance........................................................15 D. Annual Report.....................................................................................................................................15 APPENDIX 1 – LAW ....................................................................................................................................17 APPENDIX 2 – ASSESSED BUSINESSES..............................................................................................28 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com
Packet Pg. 84
Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 3
January 4, 2024
I. OVERVIEW
Developed by City of Redding lodging businesses and the Redding Tourism Marketing Group, Inc. (RTMG), the Redding Tourism Marketing Business Improvement District (RTMBID) is an assessment district proposed to continue to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed lodging businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The RTMBID was originally created in 2008 and subsequently renewed in 2011 and 2016. The RTMBID is approaching the end of its current ten (10) year term, and the RTMG and Redding lodging businesses now wish to renew the RTMBID for an additional ten (10) year term.

Location: The renewed RTMBID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Redding, as shown on the map in Section IV.

Services: The RTMBID is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Marketing and sales promotions will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.

Budget: The total RTMBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $1,400,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, as businesses open and close, and if the assessment rate is increased.

Cost: The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. During the ten (10) year term, the assessment rate may be increased annually by the RTMG by a maximum of one quarter of one percent (0.25%) of gross short-term sleeping room rental revenue per year. The total assessment rate shall not exceed three percent (3%). Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days, counting portions of calendar days as full days, nor on stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. The assessment shall be collected on stays until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.………………………………………………………………
Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each lodging business located in the boundaries of the RTMBID. The City shall take all reasonable efforts to collect the assessments from each lodging business.

Duration: The renewed RTMBID will have a ten (10) year life, beginning January 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the RTMBID may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if business owners support continuing the RTMBID programs.

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Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 4
January 4, 2024
Management: The RTMG shall continue to serve as the RTMBID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the City Council.

Packet Pg. 86
Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 5
January 4, 2024
II. IMPETUS
There are several reasons why now is the right time to renew the RTMBID; the most compelling reasons are as follows:

1. The Need to Increase Occupancy
The renewal of the RTMBID is a proactive effort to continue providing supplemental funding beyond that provided by the City. The funding will ensure that adequate financing continues to exist for the investment required to increase occupancy in the lodging industry and be competitive in the conference and leisure segment of the tourism market. The investment will cover an expanded marketing and promotional budget needed to reach this market segment.

2. An Opportunity for Increasing City Tax Revenues
As occupancy rates increase, so too will the City’s Transient Occupancy Tax (TOT) revenue.

With stable public/private funding for tourism marketing efforts, annual occupancy rates should continue to increase as marketing and sales promotion programs continue to be implemented. Greater occupancy will also produce an increase in sales tax revenues from tourist spending. This represents a substantial return to the City. The renewal of the RTMBID in partnership with the the RCVB continues a stable funding source tied directly to tourism promotion.

3. Stable Funding for Tourism Promotion
The RTMBID will continue to provide a stable source of funding for consistent tourism promotion efforts. The RTMBID will continue to provide funding for tourism promotion free of the political and economic circumstances that can reduce or eliminate government funding for tourism promotion.

Packet Pg. 87
Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 6
January 4, 2024
III. BACKGROUND
TMBIDs are an evolution of the traditional Business Improvement District. The first TMBID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model –Illinois, Minnesota, Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TMBID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMBID. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TMBIDs without a state law.

California’s TMBIDs
collectively raise over $300
million annually for local
destination marketing. With
competitors raising their
budgets, and increasing rivalry
for visitor dollars, it is
important that City of Redding
lodging businesses continue to
invest in stable, commercespecific marketing programs.

TMBIDs utilize the
efficiencies of private sector
operation in the market-based
promotion of tourism districts. TMBIDs allow tourism business owners to organize their efforts to increase commerce. Lodging business owners within the TMBID pay an assessment and those funds are used to provide services that increase commerce.

In California, most TMBIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TMBIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TMBIDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion.

Packet Pg. 88
Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 7
January 4, 2024
IV. BOUNDARY
The RTMBID will continue to include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City of Redding, as shown in the map below.

Lodging business means: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. A mobile home or house trailer at a fixed location shall not include a mobile home located within a mobile home park, nor a location where the mobile home tenant is an employee of the owner or operator of the property on which the mobile home is located.

A complete listing of assessed lodging businesses within the renewed RTMBID can be found in Appendix 2.

Packet Pg. 89
Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 8
January 4, 2024
V. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the RTMBID funds are sales and marketing programs available only to assessed businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by the Owners’ Association. The chart below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is estimated to be $1,400,000.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the RTMG board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the RTMBID, any and all assessment funds may be used for the costs of defending the RTMBID.

Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the RTMG on an as- needed basis.

Sales and Marketing
A sales and marketing program will promote assessed lodging businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Redding as a Sales & Marketing,
$1,162,000 , 83%
Administration,
$196,000 , 14%
Contingency/Reserve,
$28,000 , 2%
City Fee, $14,000 ,
1%
Initial Annual Assessment Budget - $1,400,000
Packet Pg. 90
Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 9
January 4, 2024
desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed lodging businesses, and may include the following activities:
• Web development and internet marketing efforts (including social media) to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed lodging businesses;
• Print ads in magazines and newspapers targeted at potential visitors to drive overnight visitation and room sales to assessed lodging businesses; • Television ads targeted at potential visitors to drive overnight visitation and room sales to assessed lodging businesses;
• Radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed lodging businesses;
• Video campaigns that would drive room night sales to assessed lodging businesses; • Attendance of trade and consumer shows to promote assessed lodging businesses; • Sales blitzes for assessed lodging businesses;
• Sponsorship and promotion of special events that drive room night sales at assessed lodging businesses;
• Familiarization tours that would drive room night sales to assessed lodging businesses; • International marketing efforts to raise awareness of Redding as an overnight destination for the benefit of assessed lodging businesses;
• Public relations for the benefit of assessed lodging businesses; • Preparation, production, and distribution of collateral promotional materials such as brochures, flyers and maps that are used by assessed businesses to provide to visitors to drive room night sales to assessed lodging businesses;
• Attendance of professional industry conferences and affiliation events to keep assessed lodging businesses competitive and current in the tourism industry; • Group marketing to target sports, associations, meetings, conventions, trade shows and tour busses that drive room night sales to assessed lodging businesses; • Lead generation activities designed to attract tourists and group events to assessed lodging businesses;
• Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed lodging businesses;
• Development and implementation of new marketing and sales strategies to drive room night sales at assessed lodging businesses as opportunities present themselves; • Work closely with Visit California and Shasta Cascade to expand the reach of our brand message to drive overnight visitation to assessed businesses; • Funding operations and training and support of Visitors Center staff and volunteers; • Strategic marketing partnerships designed to increase demand for overnight visitation and room sales to assessed lodging businesses;
• Education of hospitality staff on service and available attractions designed to create a visitor experience that will bring repeat visits to assessed lodging businesses; and • Education of lodging business management and the owners’ association on marketing strategies best suited to meet assessed lodging business’s needs.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs including rent, and other general administrative costs such as insurance, legal, and accounting fees.

Packet Pg. 91
Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 10
January 4, 2024
Contingency/Reserve
A prudent portion of the budget will be allocated to a contingency fund, to account for lower than anticipated collections. Available contingency funds may be held in a reserve fund or utilized in other budget categories as needed at the discretion of the RTMG Board of Directors. Additionally, in the event there are contingency funds remaining near the end of the RTMBID’s term, contingency/reserve funds may be used for the cost of renewing the RTMBID.

City Administration Fee
The City of Redding shall be paid a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration.

B. Annual Budget
The total ten (10) year assessment budget is projected at approximately $1,400,000 annually, or $19,250,000 through 2035 if the maximum assessment rate increases are adopted. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, as businesses open and close, and if the assessment rate is increased pursuant to this Plan.

The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue During the ten (10) year term, the assessment rate may be increased annually by the RTMG by a maximum of one quarter of one percent (0.25%) of gross short-term sleeping room rental revenue per year. The total assessment rate shall not exceed three percent (3%). Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days, counting portions of calendar days as full days, nor on stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. The assessment shall be collected on stays until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.

The table on the following page demonstrates the estimated maximum budget with the assumption that the assessment rate will be increased at the earliest opportunity; as it is a required disclosure, it is not the anticipated course of action. Alternate courses of action may be taken in regard to implementing the assessment rate increase other than what is demonstrated in the chart below, within the parameters of this Management District Plan.

Packet Pg. 92
Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 11
January 4, 2024
Estimated Annual Budget if Maximum Assessment Rates Are Adopted Year Sales &
Marketing
Administration Contingency/
Reserve
City Fee Total
2026 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
2027 $1,307,250 $220,500 $31,500 $15,750 $1,575,000
2028 $1,452,500 $245,000 $35,000 $17,500 $1,750,000
2029 $1,597,750 $269,500 $38,500 $19,250 $1,925,000
2030 $1,743,000 $294,000 $42,000 $21,000 $2,100,000
2031 $1,743,000 $294,000 $42,000 $21,000 $2,100,000
2032 $1,743,000 $294,000 $42,000 $21,000 $2,100,000
2033 $1,743,000 $294,000 $42,000 $21,000 $2,100,000
2034 $1,743,000 $294,000 $42,000 $21,000 $2,100,000
2035 $1,743,000 $294,000 $42,000 $21,000 $2,100,000
Total $15,977,500 $2,695,000 $385,000 $192,500 $19,250,000 The table below demonstrates the annual improvement and service plan budget with the assumption that the rates will not be increased during the RTMBID term.

Estimated Annual Budget if Maximum Assessment Rates Are Not Adopted Year Sales &
Marketing
Administration Contingency/
Reserve
City Fee Total
2026 $1,050,000 $196,000 $28,000 $14,000 $1,400,000
2027 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
2028 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
2029 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
2030 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
2031 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
2032 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
2033 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
2034 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
2035 $1,162,000 $196,000 $28,000 $14,000 $1,400,000
Total $11,508,000 $1,960,000 $280,000 $140,000 $14,000,000 C. California Constitutional Compliance
The RTMBID assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the RTMBID assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions.

Two of these exceptions apply to the RTMBID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services. 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
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Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 12
January 4, 2024

1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the RTMBID. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the RTMBID, and are narrowly tailored. RTMBID funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in RTMBID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the Owners’ Association to enter into private contracts with non-assessed lodging businesses for the provision of services to those businesses.

The assessment imposed by this RTMBID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with marketing and sales programs promoting lodging businesses paying the RTMBID assessment. The marketing and sales programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.

Although the RTMBID, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that marketing and promotions services like those to be provided by the RTMBID are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6 2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
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3. Reasonable Cost
RTMBID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the RTMG, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from RTMBID-funded activities, be featured in advertising campaigns, and benefit from other RTMBIDfunded services. Non-assessed lodging businesses will not receive these, nor any other, RTMBIDfunded services and benefits.

The RTMBID-funded programs are targeted directly to benefit assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-RTMBID funds. RTMBID funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.

D. Assessment
The annual assessment rate is two percent (2%) of gross short term sleeping room rental revenue.

During the ten (10) year term, the assessment rate may be increased annually by the RTMG by a maximum of one quarter of one percent (0.25%) of gross short-term sleeping room rental revenue per year. The total assessment rate shall not exceed three percent (3%). Based on the benefit received, assessments will not be collected on: Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days, counting portions of calendar days as full days, nor on stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

The assessment shall be collected on stays until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. Stays by occupants entering into a written month-to-month agreement shall not be assessed. Stays by any occupant who enters into a written agreement providing for occupancy for a period of more than thirty (30) days, but terminates their occupancy without paying for at least thirty (30) days, shall be subject to assessment for the prior days in which the assessment was not paid.

The assessment was calculated based on the total cost of the activities to be provided for the benefit of the assessed lodging businesses within the RTMBID with costs allocated based on the proportional benefit conferred to each assessed lodging business. Activities funded by the RTMBID are specifically targeted to increase room nights at assessed lodging businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the assessee derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to assessed businesses with higher priced room nights.

The term “gross short-term sleeping room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of any room or rooms or portion thereof in any hotel, or space in any campground or recreational vehicle park, valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state or local taxes collected, including but not limited to Packet Pg. 95
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transient occupancy taxes. Gross sleeping room rental revenue shall not include, and therefore the assessment shall not be charged upon, any federal, state or local taxes collected, including but not limited to transient occupancy taxes.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the RTMBID assessment is identified separately it shall be disclosed as the “TMBID Assessment.” As an alternative, the disclosure may include the amount of the RTMBID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for calculation of transient occupancy taxes.

Bonds shall not be issued.

E. Interest and Overdue Charges
The RTMBID shall reimburse the City of Redding for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent RTMBID assessment are sought to be recovered in the same collection action by the City, the RTMBID shall bear its pro rata share of such collection costs. Assessed lodging businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Any assessed lodging business which fails to remit any assessment imposed within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment.

2. Any assessed lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a secondary delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.

3. In addition to the penalties imposed, any assessed lodging business which fails to remit any assessment imposed shall pay interest at the rate of one and one-half percent (1.5%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

4. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the assessment required to be paid.

F. Time and Manner for Collecting Assessments
The RTMBID assessment will be implemented beginning January 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date. The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest and overdue charges) from each assessed lodging business. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business. The City shall forward the assessments collected to the Owners’ Association.

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VI. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the RTMBID as defined in Streets and Highways Code §36612. The City Council has determined that Redding Tourism Marketing Group, Inc. (RTMG) will continue to serve as the Owners’ Association for the RTMBID.

B. Owners’ Association Board of Directors Makeup
The number of Directors on the Board of the Owners’ Association shall be a minimum of eight (8) and a maximum of sixteen (16). The Board shall be made up of an equal number of Directors from the two categories described below.
• There shall be up to eight (8) Directors representing “larger” lodging businesses. A “larger” lodging business is one which individually contributes at least five percent (5%) of the total RTMBID assessment collected by the City of Redding. If fewer than eight (8) businesses meet this criteria, then the number of Directors representing “larger” lodging businesses shall be equal to the number of “larger” businesses. This group of Directors will be selected by those businesses which are each contributing at least five percent (5%) of the total RTMBID assessment.
• There shall be up to eight (8) Directors representing “smaller” lodging businesses. A “smaller” lodging business is one which individually contributes less than five percent (5%) of the total RTMBID assessment collected by the City of Redding. The number of Directors representing “smaller” lodging businesses shall be equal to the number of Directors representing “larger” lodging businesses. This group of Directors will be selected by those businesses which are each contributing less than five percent (5%) of the total RTMBID assessment.

C. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

D. Annual Report
The RTMG shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.

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• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

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APPENDIX 1 – LAW

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.

Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons Packet Pg. 99
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not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits.

Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
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“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.

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36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
(a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
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(a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied.
(b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.

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(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.
(2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (3) In a property-based district, properties throughout the district may share the same special benefits.

In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit.
(l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (m) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business Packet Pg. 104 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 23
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assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.
36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.
(2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses Packet Pg. 105 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 24
January 4, 2024
The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.
36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625.

An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. Service contracts authorized to establish levels of city services Packet Pg. 106 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 25
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The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications.

If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and Packet Pg. 107 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 26
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business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the Packet Pg. 108 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 27
January 4, 2024
district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

Packet Pg. 109 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) RTMBID Management District Plan 28
January 4, 2024
APPENDIX 2 – ASSESSED BUSINESSES
Business Name Site Address
Aaron Groseclose 11590 Usona Dr Redding Ca 96003
Aawa, Llc 3910 Churn Creek Rd Redding Ca 96002
Abby Soule 924 Partridge Dr Redding Ca 96003
Adrian Villasenor 2742 Freebridge St Redding Ca 96001
Adriant Sanchez-Tiburcio 373 River Park Dr Redding Ca 96003 Air B N B 2696 Lynaco Ct Redding Ca 96003
Alexander Kon 3060 Monte Bello Dr Redding Ca 96001
Allison, Adam And Stacy 115 Danbury Dr Redding Ca 96003 Aloha Legacy Properties Llc 5553 Trish Ct Redding Ca 96003 Aloha Legacy Properties Llc 5992 La Quinta Ct Redding Ca 96003 Amaryah Reedy 1081 Denton Way Redding Ca 96002
Americana Modern Hotel 1250 Pine St Redding Ca 96001
Amiwi Holding Company Llc 683 Alamine Dr Redding Ca 96003 Apple's River House 201 Mora Ct Redding Ca 96003
Aventura Rentals 5437 Mill Pond Ln Redding Ca 96001
Awakening House 1236 Bonhurst Dr Redding Ca 96003
Bakker Legacy 1010 California St Redding Ca 96001
Bamboogarden/Kingsuite/Pool/Game 547 Rafael St Redding Ca 96002 Banana Leaf Escapes 755 Lake Blvd Redding Ca 96003
Bansal, A, Bhavsar, K, Jha, R 3320 Sherman Way Redding Ca 96003 Basurto, Kylie & Francisco 2650 Foothill Blvd Redding Ca 96001 Ben Cunnington 1810 Gold Hills Dr Redding Ca 96003
Benjamin Byler 942 Montcrest Dr Redding Ca 96003
Benjamin Goodpasture 2180 Oak Ridge Dr Redding Ca 96001 Benjamin Nelson 2556 Shasta St Redding Ca 96001
Bermuda Luxury Home 3530 Riverview Dr Redding Ca 96001
Best Western Inn 2300 Hilltop Dr Redding Ca 96002
Best Western Twin View Inn & Suites 1080 Twin View Blvd Redding Ca 96003 Blackwell, Hannah & Crist 1079 Market St Redding Ca 96001 Blessings House (The) 815 Florence St Redding Ca 96001
Bluesky Organization Ii 3622 Canterbury Dr Redding Ca 96002 Boldt, Jessica & Jarod 19219 Nike Ct Redding Ca 96003
Boroff, Daniel & Kathryn 1746 Garden Ave Redding Ca 96001 Boulder Creek Rv Resort Llc 280 N Boulder Dr Redding Ca 96003 Brandon Casanova 2685 Shasta St Redding Ca 96001
Bridgehouse Bed & Breakfast 1455 Riverside Dr Redding Ca 96001 Bridges Stanley M Revocable Trust 4350 Westside Rd Redding Ca 96001 Bridgeway Inn And Suites 2731 Bechelli Ln Redding Ca 96002 Brookes, Mark & Rena 19212 Pinnacle Ct Redding Ca 96003 Packet Pg. 110 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) Management District Plan 29
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Buddhakahn Llc 1923 Galaxy Way Redding Ca 96002
Bungalow (The) 1051 Dusty Ln Redding Ca 96002
Camille Canales Rental 3128 Redondo Ct Redding Ca 96003 Capri Motel 4620 Westside Rd Redding Ca 96001
Casa De Luces 597 Royal Oaks Dr Redding Ca 96001
Casey Gannon 3527 Adams Ln Redding Ca 96002
Casey Helbach 877 Sunriver Ln Redding Ca 96001
Cassandra Bautista 1056 Gilbert St Redding Ca 96001
Chantha Sar 2631 Howard Dr Redding Ca 96001
Charade House 1949 Charade Way Redding Ca 96003
Charles Stevenson 3670 Jericho Way Redding Ca 96003
Christian, Jo Anne & John 3854 Andes Dr Redding Ca 96001 Christina Whitney 701 Gold St Redding Ca 96001
Christine Latvala 507 Olympic St Redding Ca 96003
Christopher James 2931 Forest Hills Dr Redding Ca 96002 Clarey Micks Consulting Llc 2100 Athens Ave Redding Ca 96001 Comfort Inn 850 Mistletoe Ln Redding Ca 96002
Comfort Inn 850 Mistletoe Ln Redding Ca 96002
Comfort Inn & Suites 1195 Grand Ave Redding Ca 96003
Cox Retreat 3160 Barrel Ct Redding Ca 96001
Crazy Mountain Properties Llc 810 Gold St Redding Ca 96001 Crist Blackwell 1075 Market St Redding Ca 96001
Crist Blackwell 1619 Court St Redding Ca 96001
Crist Blackwell 1617 Court St Redding Ca 96001
Csilla Veress 2234 Crestview Ave Redding Ca 96001
Cynthia Barber 2932 Montana Sky Dr Redding Ca 96002
Cynthia Westbrook 1946 Manchester Dr Redding Ca 96002
Daniel Goudie 3735 Cal Ore Dr Redding Ca 96001
Daniel Roberts 3155 Henry's Fork Dr Redding Ca 96002
Darlene Mcnaul 792 Country Oak Dr Redding Ca 96003
David Korman 2218 Park Marina Dr Redding Ca 96001
David Spath 148 Kingsview Ct Redding Ca 96003
Davis Dwelling 1830 Henry Ave Redding Ca 96001
Deer Valley 4410 Melody Ln Redding Ca 96001
Deluxe Inn 1135 Market St Redding Ca 96001
Dennis Keith Mccloskey 720 Lincoln St Redding Ca 96001
Dennis Marinello 1047 Royal Oaks Dr Redding Ca 96001
Dennis Marinello 615 Overhill Dr Redding Ca 96001
Desmond House (The) 1449 Riverside Dr Redding Ca 96001
Dimarco, Matthew & Trishsa 5707 Constitution Way Redding Ca 96003 Donald Shuman 1320 Norman Dr Redding Ca 96002
Douglas Cavers 6546 Creekside St Redding Ca 96001
Downtown Dreamer 1855 Continental St Redding Ca 96001
Packet Pg. 111 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) Management District Plan 30
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Drennan Properties 3005 Copper Creek Dr Redding Ca 96002 Dunbar Properties 4625 Alta Mesa Dr Redding Ca 96002
Dwight & Cindy Holste Trust 918 Placer St Redding Ca 96001 Eagles Rest 2420 Oxford Rd Redding Ca 96002
Eline Millenaar 263 Mill Valley Pkwy Redding Ca 96003
Elsa M. Zoll 16980 Campo Calle St Redding Ca 96001
Eric Ng 7499 Terra Linda Way Redding Ca 96003
Eric Yu 3035 Winding Way Redding Ca 96003
Eric Yu 767 Setter Ct Redding Ca 96003
Europa Properties Llc 554 Aurora Pl Redding Ca 96001
Europa Properties Llc 2130 Olive Ave Redding Ca 96001
Fairfield Inn & Suites By Marriott 5164 Caterpillar Rd Redding Ca 96003 Family Fun Getaway 3470 Longview Ave Redding Ca 96001
Farzad Sabet 1071 Gilbert St Redding Ca 96001
Farzad Sabet 3310 Stratford Ave Redding Ca 96001
Fencil, Adam & Eddi 16946 Campo Calle Redding Ca 96001
Gagner, Benjamin & Aimee 1816 Dakota Way Redding Ca 96003 Gail Thacker 11565 Fox Estates Ct Redding Ca 96003
Garden Bungalow 908 Yuba St Redding Ca 96001
Gloria Zuchowski 160 Trek Ln Redding Ca 96003
Goehring, Ben & Phoebe 1109 Belcrest Dr Redding Ca 96003 Gomez, Hugo & Jennifer 6582 Hemlock St Redding Ca 96001 Grace Manor 3030 Winding Way Redding Ca 96003
Green Acres Rv Park 4812 Westside Rd Redding Ca 96001
Green Rents 333 Springer Dr Redding Ca 96003
Greg Piper 1400 Walnut Ave Redding Ca 96001
Gregory Johnson 2194 Paris Ave Redding Ca 96001
Gregory Smith 720 Gold St Redding Ca 96001
Griffith, Brian & Abigail 353 Pearl St Redding Ca 96003 Grouse House (The) 1379 Grouse Dr Redding Ca 96003
Guesthouse 3400 Llc 3400 Argyle Rd Redding Ca 96002
Hall, Dave And Leslie 3690 Cherrywood Dr Redding Ca 96002 Halverson, Katheleen & Roger 11688 Ridgewood Rd Redding Ca 96003 Hamilton Properties 2117 Kildare Dr Redding Ca 96001
Hampton Inn & Suites 2160 Larkspur Ln Redding Ca 96002
Hanland House 578 Hanland Ct Redding Ca 96003
Harold & Cathy Mayer 5439 Valleyridge Dr Redding Ca 96003 Haydee Bulbuk 4000 Meander Dr Redding Ca 96001
Helber De Souza 2567 Yana Ave Redding Ca 96002
Hemingway 2130 Hemingway St Redding Ca 96003
Herhouse 1116 Pine St Redding Ca 96001
Hidden Charm Of Redding 6700 Reflection St Redding Ca 96001 Hillside Oasis 4842 Tralee Ln Redding Ca 96001
Packet Pg. 112 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) Management District Plan 31
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Hilton Garden Inn 5050 Bechelli Ln Redding Ca 96002
Hoheisel Legacy Properties Llc 7832 Terra Linda Way Redding Ca 96003 Holcomb, Darin & Nelson, Kiely 3370 Sunset Dr Redding Ca 96001 Holiday Inn & Convention Center 1900 Hilltop Dr Redding Ca 96002 Holiday Inn Express 2240 Hilltop Dr Redding Ca 96002
Home2 Suites By Hilton Redding 5184 Caterpillar Rd Redding Ca 96003 Hope Inn 19177 Hollow Ln B Redding Ca 96003
Hope Lane Guest Apartment 1315 Hope Ln Redding Ca 96003 House Of Olives 3611 Elizabeth Way Redding Ca 96001
Hudson House Llc 19688 Carnegie Dr Redding Ca 96003
Jack Vu Properties 1889 Shasta Pines Way Redding Ca 96002 Jacobs Well 1919 Manchester Dr Redding Ca 96002
Jacque Grubbs 1837 Garden Ave Redding Ca 96001
Jakob Fuller 2498 El Verano St Redding Ca 96002
James And Lynn Stauffer 1196 Almond Ave Redding Ca 96001 James Jacobs 1566 Santa Fe Ave Redding Ca 96003
James Jacobs 640 Leila Ave Redding Ca 96003
Jamie Hult 2331 California St Redding Ca 96001
Janc, Dustin & Karli 935 Gold St Redding Ca 96001
Janet Fullmer 730 Oleta Dr Redding Ca 96003
Jason Myers 2361 Cliff Dr Redding Ca 96001
Jason Soule 5383 Mica Ct Redding Ca 96003
Jeffrey Blalock 1318 Trinity St Redding Ca 96001
Jennifer Coulter 2205 Deerfield Ave Redding Ca 96002
Jennifer Morefield 2996 Brookside Dr Redding Ca 96001
Jenny Snider 1110 Windscape Ct Redding Ca 96003
Jeremy Anderson 5268 Mica Ct Redding Ca 96003
Jl Property Management 3125 Laver St Redding Ca 96002
Jodi Graham 748 Rogue River Way Redding Ca 96003
Jodi Graham 550 Fair Hill Dr Redding Ca 96003
John R Hinkle 4217 Pasatiempo Ct Redding Ca 96002
Jones, Ashley & Jeremiah 1628 Orange Ave Redding Ca 96001 Joshua Cranfill 1515 Nancy Ct Redding Ca 96003
Jss Group Llc 705 Cascade Ct Redding Ca 96001
Judah House (The) 19296 Posey Ln Redding Ca 96003
Kamari Zoll 6551 El Camino Dr Redding Ca 96001
Kandi, Bethany/Ray/Jennifer/Noah 2155 Paris Ave Redding Ca 96001 Karina Paine 250 Moonstone Way Redding Ca 96003
Kathleen Branning 2664 Cumberland Dr Redding Ca 96001
Kathy Wagner 2156 Princeton Way Redding Ca 96003
Katrina Stevenson 845 Royal Oaks Dr Redding Ca 96001
Katrina Stevenson 1736 Garden Ave Redding Ca 96001
Kevin Reed 3076 Alta Mesa Dr Redding Ca 96002
Packet Pg. 113 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) Management District Plan 32
January 4, 2024
Khosla, Roy & Seema 4449 Chinook Dr Redding Ca 96002
Kim Barry 634 Ridge Rd Redding Ca 96003
King's Cottage Llc 651 Ansley Ct Redding Ca 96003
King's Cottage Llc 11550 Ridgewood Rd Redding Ca 96003
King's Cottage Llc 61 Tidmore Ln Redding Ca 96003
Korman Rentals 3507 Dune St Redding Ca 96002
Koskie, Aimee / Roof, Joy & Travis 2231 Canal Dr Redding Ca 96001 Kremer Properties 821 South St Redding Ca 96001
Kristin Marie Dangl 671 Estate St Redding Ca 96002
Kristina Brace 11517 La Costa Ct Redding Ca 96003
Kuhn, David & Jason 4951 Tralee Ln Redding Ca 96001
L & L Sibe Enterprises Inc 2662 Rhinestone Way Redding Ca 96001 La Quinta Inn & Suites Bu# 3541 2180 Hilltop Dr Redding Ca 96002 La Quinta Inn & Suites Redding 2180 Hilltop Dr Redding Ca 96002 Larkspur House (The) 2840 Larkspur Ln Redding Ca 96002
Laura Duncan 3045 Valentine Ln Redding Ca 96001
Leal, Arthur & Maria 5902 Beaumont Dr Redding Ca 96003
Levi Hug 715 St Marks St B Redding Ca 96003
Lighthouse Family Trust 3896 Indian Wells Ln Redding Ca 96003 Lighthouse Family Trust 3510 Elizabeth Way Redding Ca 96001 Lincoln Rental 620 Lincoln St Redding Ca 96001
Livia Brady 6881 Sacramento Dr Redding Ca 96001
Lofts Redding (The) 1212 South St 104 Redding Ca 96001
Lucinda Williams 2135 Karen Pl Redding Ca 96001
Luke Christensen 2417 Placer St Redding Ca 96001
Luke Gschwend 543 Mission De Oro Dr Redding Ca 96003
Lynda Blais 3325 Winding Way Redding Ca 96003
Lysen Storaasli 660 Overhill Dr Redding Ca 96001
Magnolia May Cottage 1258 Magnolia Ave Redding Ca 96001 Magnuson, Hilary & Nathaniel 11475 Hawley Rd Redding Ca 96003 Manzo Capital Llc 3505 Panorama Dr Redding Ca 96003
Marie And Kurt Warner 252 Ironwood Ln Redding Ca 96003
Marina Rv Park 2615 Park Marina Dr Redding Ca 96001
Mark Maronn 1890 Manchester Dr Redding Ca 96002
Market Street Manor 2171 Market St Redding Ca 96002
Market Street Motel 2171 Market St Redding Ca 96001
Marrero Airbnb 2794 Leland Ave Redding Ca 96001
Meredith, Jerry & Lisa 664 West St Redding Ca 96001
Meyers, Joel & Kristen 1469 Fayette Ln Redding Ca 96003 Michael Benedetti 635 Alamine Dr Redding Ca 96003
Michael Floth 5731 Wildwood Dr Redding Ca 96001
Michael Kaufman 2167 Washington Ave Redding Ca 96001
Michael Weeger 2974 Tropicana Ct Redding Ca 96003
Packet Pg. 114 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) Management District Plan 33
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Michele O'leary 2932 Forest Hills Dr Redding Ca 96002
Michelle Shively 1556 Santa Fe Ave Redding Ca 96003
Mills, Alicia & John 840 Hallmark Dr Redding Ca 96001
Mitchell, Steve & Debra 8512 Valley View Rd Redding Ca 96001 Moller Properties 430 Viewpoint Dr Redding Ca 96003
Molly Deleon 1635 Walnut Ave Redding Ca 96003
Molly Deleon 960 Stanford Pl Redding Ca 96003
Moore, Jessica & Nathaniel 6712 Reflection St Redding Ca 96001 Motel 6 1640 Hilltop Dr Redding Ca 96002
Motel 6 #0674 1250 Twin View Blvd Redding Ca 96003
Motel 6 #1371 2385 Bechelli Ln Redding Ca 96002
Motel 6 Redding North #9361 1250 Twin View Blvd Redding Ca 96003 Motel 6 Redding South 2385 Bechelli Ln Redding Ca 96002 Mullen, Tom & Emily 4619 St Charles Dr Redding Ca 96002 Nance, Richard & Angela 3481 Bridger Dr Redding Ca 96002 Nathan Muller 1042 Gilbert St Redding Ca 96001
Nathan Rogers 4942 Tralee Ln Redding Ca 96001
Nicaylen Rayasa 2911 Churn Ct Redding Ca 96002
Nick Baker 19075 Genevieve Rd Redding Ca 96003
Nisly Services 2220 Candlewood Dr Redding Ca 96003
Nvi Llc 19004 Genevieve Rd Redding Ca 96003
O'brien, Shane & Sara 3871 Eagle Pkwy Redding Ca 96001
Oak House (The) 2055 Fancy Oaks Dr 2 Redding Ca 96003
Oliver Fajardo 2521 Belladonna St Redding Ca 96002
Oregon Street Residences 1262 Oregon St Redding Ca 96001 Oregon Street Residences 1264 Oregon St Redding Ca 96001 Oscar Avila 2511 Yana Ave Redding Ca 96002
Oxford Suites 1967 Hilltop Dr Redding Ca 96002
Pad Properties 1756 Garden Ave Redding Ca 96001
Pad Properties 1597 Whistling Dr Redding Ca 96003
Palwinder Randhawa 682 Rivercrest Pkwy Redding Ca 96002 Pamela Jacobs 840 Jefferson Ct Redding Ca 96002
Panorma Pool House 815 Middle St Redding Ca 96003
Pete Metz Daily Rental 2314 Cumberland Dr Redding Ca 96001 Philip Kennedy 2670 Foothill Blvd Redding Ca 96001
Pineapple House (The) 2891 Wyndham Ln Redding Ca 96001
Purple Rentals Llc 4103 Saratoga Dr Redding Ca 96002
Quail Ridge Cottage 778 Covey Ct Redding Ca 96003
Quality Inn 2059 Hilltop Dr Redding Ca 96002
Quartz Hill Manor 1457 Spinnaker Dr Redding Ca 96003
R&B House 1723 Del Mar Ave Redding Ca 96003
R&B House 244 Woodhill Dr Redding Ca 96003
Ramada Inn 1286 Twin View Blvd Redding Ca 96003
Packet Pg. 115 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) Management District Plan 34
January 4, 2024
Randy & Ginger Jones 1801 College View Dr Redding Ca 96003 Ravi Venkata 1018 Pineland Dr Redding Ca 96002
Ray, Corey & Brooke 647 Valleybrook Dr Redding Ca 96003 Ray, Corey & Brooke 1403 Spinnaker Dr Redding Ca 96003
Rebekah Frankie 725 Gold St Redding Ca 96001
Rebekah Moller 878 Fountain Cir Redding Ca 96003
Red Lion Hotel 1830 Hilltop Dr Redding Ca 96002
Red Lion Inn And Suites 536 E Cypress Ave Redding Ca 96002 Red Roof Inn 2220 Pine St Redding Ca 96001
Redding Escape For Large Family 1255 Gabriel St Redding Ca 96003 Redding Retreat 5544 Muir Peak Rd Redding Ca 96002
Redding River House 4806 Sunnyhill Ln Redding Ca 96002
Redding Staytion Llc 1577 Arroyo Manor Dr Redding Ca 96001 Redding's Bed & Breakfast 1094 Palisades Ave Redding Ca 96003 Redding's Riverside Retreat 1708 Riverside Dr Redding Ca 96001 Reguera, Kevin & Tiffany 1885 Pineland Ct Redding Ca 96002 Reguera, Kevin & Tiffany 2050 Carpenter Ln Redding Ca 96002 Reguera, Kevin & Tiffany 1580 Arroyo Manor Dr Redding Ca 96003 Reguera, Kevin & Tiffany 1498 Casa Vereda Way Redding Ca 96003 Rest Air Bnb 1655 Mesa St Redding Ca 96001
Richard Haver 11376 Hawley Rd Redding Ca 96003
Richerlan Holl 497 Reddington Dr Redding Ca 96003
Riddhi Kapoor 3419 Cessna Dr Redding Ca 96001
Ridge View Retreat 520 Ridge Rd Redding Ca 96003
Rnr Vacation Homes 19292 Sellins View Ct Redding Ca 96003 Rodeway Inn 532 N Market St Redding Ca 96003
Roger Jaeger 4635 Castle Ct Redding Ca 96001
Roger Jaeger 905 South St Redding Ca 96001
Roni's Rentals 2648 Yana Ave Redding Ca 96002
Roxanne's Air Bnb 3150 Forest Hills Dr Redding Ca 96002 Royal Kingdom Llc 756 Cherwell Ct Redding Ca 96003
Royal Stay 1041 Grouse Dr Redding Ca 96003
Royal Vacation Stays 738 Springer Dr Redding Ca 96003
Rustic Charm Retreats 475 Woodhill Dr Redding Ca 96003
Rut Pino 4265 Waushara Ave Redding Ca 96001
Rvsp Properties 404 Woodacre Dr Redding Ca 96002
Ryan Bogert 2930 Panorama Dr Redding Ca 96003
Ryan Russell 3665 Altura Ave Redding Ca 96001
Rylee Brown 5510 Willow Rd Redding Ca 96001
Saffron Road Llc 2327 Eureka Way Redding Ca 96001
Saffron Road Llc 2331 Skyline Dr Redding Ca 96001
Sage Pine Llc 2065 Pine St Redding Ca 96001
Sara Sutherland 2910 East Way Redding Ca 96002
Packet Pg. 116 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) Management District Plan 35
January 4, 2024
Sarah Kim 2570 Snow Ln Redding Ca 96003
Sauer, Kurt & Christina 2326 Washington Ave Redding Ca 96001 Savory Homes 1248 Olive Ave Redding Ca 96001
Savory Homes 2106 Butte St Redding Ca 96001
Scott Graham 840 Redbud Dr Redding Ca 96001
Sean Mcmasters 795 Lincoln St Redding Ca 96001
Sean Perry 4649 Lofty Oak Dr Redding Ca 96002
Serene Home 4322 Paulson Ln Redding Ca 96002
Sereniti Land Llc 617 Country Oak Dr Redding Ca 96003
Sereniti Land Llc 716 Collyer Dr Redding Ca 96003
Serenity Now 5826 Beaumont Dr Redding Ca 96003
Sewell, Aaron & Jennifer 2268 Park Marina Dr Redding Ca 96001 Sharanya Naiz 6672 Bandito Dr Redding Ca 96003
Sheraton Redding @ Sundial Bridge 820 Sundial Bridge Dr Redding Ca 96003 Smith, Stephen & Grace 3617 Dune St Redding Ca 96002
Snowpeak Em Llc 2800 Lake Redding Dr Redding Ca 96003
Snowpeak Em Llc 4149 Boston Ave Redding Ca 96001
Soars, Stephen And Cassandra 2183 Princeton Way Redding Ca 96003 Song Bird Retreat 239 Ironwood Ln Redding Ca 96003
Spanish Bay 1394 Spanish Bay Dr Redding Ca 96003
Srinivas Rao Pilli 652 Brookridge Dr Redding Ca 96003
Stardust Motel 1200 Pine St Redding Ca 96001
Stauffer, James & Lynn 5714 Cascade Dr Redding Ca 96003 Stratford House (The) 3205 Stratford Ave Redding Ca 96001 Summers, Scott & Janet 638 Rogue River Way Redding Ca 96003 Sundial Lodge 1055 Market St Redding Ca 96001
Super 8 Motel 5175 Churn Creek Rd Redding Ca 96002
Surestay Plus Hotel By Best Western 2600 Larkspur Ln Redding Ca 96002 Susan Bennett 19272 Lexington Ln Redding Ca 96003
Susan Metz 2424 Oxford Rd Redding Ca 96002
Susan Sebastian 1390 Norman Dr Redding Ca 96002
Taylor Allen 2593 Candlewood Dr Redding Ca 96003
Taylor Homes Llc 366 Woodhill Dr Redding Ca 96003
Taylor Homes Llc 2522 Butte St Redding Ca 96001
Taylor Homes Llc 991 Center St Redding Ca 96001
Taylor Homes Llc 900 Sierra Vista Dr Redding Ca 96001
Thamavong Properties Llc 1168 Douglas Ln Redding Ca 96002 Thomas Speer 459 Woodcliff Dr Redding Ca 96003
Thomas Vogie/Natalia Aguilar Vogie 703 Collyer Dr Redding Ca 96003 Thomas Vogie/Natalia Aguilar Vogie 4833 Terra Linda Way Redding Ca 96003 Thunderbird Lodge 1350 Pine St Redding Ca 96001
Timber Haven 1979 Timbercreek Ct Redding Ca 96002
Timothy Kopania 2178 Edinburgh Way Redding Ca 96003
Packet Pg. 117 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan) Management District Plan 36
January 4, 2024
Tony And Anne Martin 5881 Reno Ln Redding Ca 96001
Top Dollar Investments, Inc. 6600 Paso Dr Redding Ca 96001 Towneplace Suites By Marriott 2180 Larkspur Ln Redding Ca 96002 Travel Inn 1040 Market St Redding Ca 96001
Travelodge-Redding 540 N Market St Redding Ca 96003
Trent Mcgowan 1909 Grandview Ave Redding Ca 96001
Troupe, Randal & Nancy 1751 Henry Ave Redding Ca 96001
Turtle Bay Lodge 525 N Market St Redding Ca 96003
Tuxhorn, Leslie & William 2608 La Rinconada Pl Redding Ca 96002 Valach, Pete & Chelsea 2820 Panorama Dr Redding Ca 96003 Value Inn & Suites 533 N Market St Redding Ca 96003
Vargas, Gilberto & Maria 2134 Solar Way Redding Ca 96002 Waldrop Family Trust 2266 Alameda Ave Redding Ca 96001
Wales Retreat 11437 Wales Dr Redding Ca 96003
Ward, Rolf & Sheryl 11740 Talofa Dr Redding Ca 96003
Watkins, Joshua & Katherine 1750 Tiger Eye Rd Redding Ca 96003 Wendy Jo Volkland 850 Royal Oaks Dr Redding Ca 96001
West Coast Getaways, Llc 4693 Tralee Ln Redding Ca 96001 William Mcgee 346 Woodhill Dr Redding Ca 96003
Yahweh House 5749 Diamond Ridge Dr Redding Ca 96003
Yamane, Ryan & Julianne 1901 Chestnut St Redding Ca 96001 Yamane, Ryan & Julianne 809 Fountain Cir Redding Ca 96003 Yamane, Ryan & Julianne 2254 North St Redding Ca 96001
Your Home By Natali Llc 925 Parkview Ave Redding Ca 96001 Z & D Llc 3610 Summit Dr Redding Ca 96001
Zach Canon 1348 Market St 206 Redding Ca 96001
Zamora's Air Bnb 3688 Sampras Dr Redding Ca 96002
Zunino, Steven & Mary 6040 Constitution Way Redding Ca 96003 3635 Summit Drive 3635 Summit Dr Redding Ca 96001
Packet Pg. 118 Attachment: Management District Plan (4.1(a)--Resolution of Intention to Renew the RTMBID District Plan)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Mayor to send a letter of opposition to legislators for Senate Bill 1037 and Assembly Bill 1886. SB 1037 would subject cities, acting in good faith, to be fined for violation of housing laws without opportunity to correct. AB 1886 encourages a “builder’s remedy” allowing projects to be built that do not adhere to local zoning standards.

Fiscal Impact
There is no direct fiscal impact on the General Fund as a result of sending the attached letters.

Alternative Action
The City Council could decline to authorize the Mayor to send the letters and provide direction to staff.

Background/Analysis
California Senator Scott Wiener is proposing Senate Bill 1037 – Planning and zoning:
housing element: enforcement.

This proposal would allow the Attorney General to take legal action against a city and seek fines of up to $50,000 a month for violating unspecified state housing laws. Cities can be potentially fined for acting in a good faith effort to comply with housing laws such as adopting its housing element that substantially complies with the law. The proposal does not provide an opportunity for cities to correct an honest mistake.

California Assembly member David Alvarez is proposing Assembly Bill 1886 - Housing Element Law – substantial compliance: Housing Accountability Act.

MEETING DATE: May 21, 2024
ITEM NO. 4.1(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.1(b)--Letter of Opposition for Senate Bill 1037 and Assembly Bill 1886 Jason Gibilisco, Management
Assistant to the City Manager
Packet Pg. 119
Report to Redding City Council May 15, 2024
Re: 4.1(b)--Letter of Opposition for Senate Bill 1037 and Assembly Bill 1886 Page 2 This proposal subjects’ cities to builder’s remedy projects unless the California Department of Housing and Community Development or a court, determines that the cities housing element substantially complies with the law. This allows a developer to construct a project that is inconsistent with both the city’s general plan and zoning standards, except for sites that are identified for very low, low, or moderate-income housing. This would mean that sites that have never been considered for housing could be subject to allow housing. This would also eliminate the cities ability to “self-certify” its housing element.

Environmental Review
This is not a project as defined under the California Environmental Quality Act, and therefore no further action is required.

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
^Letter of Opposition AB 1886 (Alvarez) Housing Element Law ^Letter of Opposition SB 1037 (Wiener) Planning and Zoning Enforcement Packet Pg. 120
Tenessa Audette, Mayor
[email protected]
530.225.4447
May 21, 2024
The Honorable Juan Carrillo, Chair
Assembly Local Government Committee
1020 N Street, Room 157
Sacramento, CA 95814
RE: AB 1886 (Alvarez) Housing Element Law: Substantial Compliance Notice of Opposition
Dear Chair Carrillo,
The City of Redding must oppose measure AB 1886 (Alvarez), because it turns its back to a fundamental provision of housing element law. A city may disagree with the California Department of Housing and Community Development (HCD); explain why its housing element is in substantial compliance with the law; and then adopt that housing element which is thereafter considered “in substantial compliance with housing element law.”
For decades, cities have worked with HCD to draft housing plans that accommodate their fair share of housing at all income levels. These extensive and complex plans can take years to develop, include public involvement and engagement, along with environmental review. Cities go to great lengths to ensure that their housing element substantially complies with the law, even if HCD disagrees. Current law acknowledges this fact by allowing cities to “self-certify” their housing element or take the issue to court and have a judge make the final determination of substantial compliance.

AB 1886 encourages “builder’s remedy” projects by eliminating self-certification for the purpose of what it means to have a housing element “in substantial compliance with the law.” The “builder’s remedy” allows a developer to choose any site other than a site that is identified for very low-, low-, or moderateincome housing, and construct a project that is inconsistent with both the city’s general plan and zoning.

AB 1886 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence.

State housing laws are numerous and some are incredibly complex. Many local agencies may lack staff/ expertise to implement per the letter of the law, even though agencies are acting in good faith to do so. The certification process for Housing Elements is similarly complex and the back and forth between a local jurisdiction and HCD staff could result in an inadvertent failure to adopt the Housing Element within the time allotted by law, even though agencies are acting in good faith to do so.

Packet Pg. 121 Attachment: ^Letter of Opposition AB 1886 (Alvarez) Housing Element Law (4.1(b)--Letter of Opposition for Senate Bill 1037 and Assembly Bill Notice of Opposition – AB 1886 (Alvarez) Housing Element Law: Substantial Compliance May 21, 2024 City of Redding Page 2 of 2
Guidance from HCD has long indicated that the Regional Housing Needs Allocation Plan is not a housing production mandate but is instead an allocation to be used to guide local jurisdictions in providing adequate housing sites and plans for housing for all segments of the community. However, subsequent legislation has indeed treated the Regional Housing Needs Allocation as a mandate for production by requiring that the “builder’s remedy” be used in cases where the number of units indicated in the Regional Housing Needs Allocation Plan have not been constructed. This ignores the disconnect between community growth rates and needs within communities and the typically suspect allocations of HCD.

The City of Redding believes that AB 1886 is counterproductive. What is really needed is for HCD to partner with cities to provide meaningful direction that helps them finalize their housing elements and put those plans to work so that much needed housing construction can occur. For these reasons, the City of Redding must oppose AB 1886 (Alvarez).

Sincerely,
Tenessa Audette
City of Redding
Mayor
cc: The Honorable David A. Alvarez
Members, Assembly Committee on Local Government
Linda Rios, Senior Consultant, Assembly Committee on Local Government William Weber, Assembly Republican Caucus
The Honorable Brian Dahle
The Honorable Megan Dahle
Charles Anderson, Regional Public Affairs Manager (via email) League of California Cities, [email protected]
Packet Pg. 122 Attachment: ^Letter of Opposition AB 1886 (Alvarez) Housing Element Law (4.1(b)--Letter of Opposition for Senate Bill 1037 and Assembly Bill Tenessa Audette, Mayor
[email protected]
530.225.4447
May 21, 2024
The Honorable Brian Dahle
Member, California State Senate
1021 O St., Ste. Room 7230
Sacramento, CA 95814
RE: SB 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement Notice of Opposition
Dear Senator Dahle,
The City of Redding must oppose measure SB 1037 (Wiener), which would allow the State of California Attorney General to take legal action against a city and seek fines up to $50,000 a month for failure to adopt a compliant housing element or if the city does not follow state laws that require ministerial approval of certain housing projects.

Under existing law cities can be subject to significant fines and penalties for violating certain housing laws. However, before fines are imposed, a city has the ability to correct the action.

Additionally, enhanced fines are not imposed unless the city fails to follow a court’s order or acts in bad faith.

Unfortunately, as currently drafted, SB 1037 does not provide an opportunity for cities to correct an honest mistake or address a genuine difference in how the law is interpreted. Even those jurisdictions acting in good faith could be subject to significant fines and be required to pay the Attorney General for all costs investigating and prosecuting the action, including expert witness fees and attorney’s fees.

State housing laws are numerous and some are incredibly complex. Many local agencies may lack staff/expertise to implement per the letter of the law, even though agencies are acting in good faith to do so. The certification process for Housing Elements is similarly complex and the back and forth between a local jurisdiction and HCD staff could result in an inadvertent failure to adopt the Element within the time allotted by law, even though agencies are acting in good faith to do so.

Packet Pg. 123 Attachment: ^Letter of Opposition SB 1037 (Wiener) Planning and Zoning Enforcement (4.1(b)--Letter of Opposition for Senate Bill 1037 and Notice of Opposition – SB 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement May 21, 2024 City of Redding Page 2 of 2
If there are specific jurisdictions that are being bad actors, design legislation directed at them, not “catch all” legislation that can negatively impact communities like Redding that have proactive housing policies. Instead of creating new fines and penalties, lawmakers and the Department of Housing and Community Development should provide cities with clear guidance and technical assistance to help them finalize their housing elements and put those plans to work so much-needed housing construction can occur.

For these reasons, the City of Redding must oppose SB 1037.

Sincerely,
Tenessa Audette
City of Redding
Mayor
cc: The Honorable Scott Wiener
Charles Anderson, Regional Public Affairs Manager (via email) League of California Cities, [email protected]
Packet Pg. 124 Attachment: ^Letter of Opposition SB 1037 (Wiener) Planning and Zoning Enforcement (4.1(b)--Letter of Opposition for Senate Bill 1037 and

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve the cancellation of Youth Services Contract (C-9273) effective June 30, 2024, between the City of Redding and Youth Violence Prevention Council dba Youth Options Shasta; and authorize the Mayor to sign the cancellation letter.

Fiscal Impact
The funds used to pay for the services of Youth Violence Prevention Council of Shasta County (Youth Options Shasta) were received through the American Rescue Plan Act. The contract can be extended beyond June 30, 2024, for two one-year extensions at a cost of $30,000 annually.

Alternative Action
The City Council (Council) could choose not to cancel the contract with Youth Options Shasta and continue with the contract. However, there is currently no identified funding source to support an extension.

Background/Analysis
Youth Options Shasta is a local non-profit corporation whose mission is to promote a safe and healthy community by providing positive options for youth. They provide a variety of educational programs to youth and administer the Shasta County Peer Court Program.

They have worked with the City of Redding’s (City) City Manager’s office in completing items in their proposed contract’s scope of work. Some of the notable events that were performed by Youth Action Council include:

MEETING DATE: May 21, 2024
ITEM NO. 4.1(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.1(d)--Approve cancellation of contract with the Youth Violence Prevention Council.

Jason Gibilisco, Management
Assistant to the City Manager
Packet Pg. 125
Report to Redding City Council May 16, 2024
Re: 4.1(d)--Cancellation of contract with Youth Violence Prevention Council Page 2 • Open House in the City Hall Community Room (August 2022); • Pizza with the City (October 2022);
• Election Video Project (November 2022);
• Presentation to City Council regarding their work over the last year (February 2023); • Foxtail Park Cleanup (March 2023);
• Youth Summit on Vaping & Our Youth (September 2023);
• Presented to City Council in regards to density of tobacco establishments and youth access (October 2023);
• Spoke at Redding City Council meeting regarding tobacco (February 2024); and • Attended Youth Quest in Sacramento (March 2024).

Youth Options Shasta has been heavily involved in the effort to promote tobacco awareness and has created a relationship with the Shasta County Office of Education (SCOE). Youth Options Shasta is acting as SCOE’s Youth Tobacco advisory board and they have been active with the City and Shasta County’s Tobacco and Obesity Prevention Unit.

The City is actively working on best ways to save funding and is projecting a budget shortfall.

The City is reviewing contracts and services and what can be removed from the current budget to save future revenues.

Environmental Review
This is not a project defined under the California Environmental Equality Act, and no further action is required.

Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-ear Financial Plans for all funds.”
Attachments
^Letter- cancellation of contract
^4-5-22 Staff Report
C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta Packet Pg. 126

Tenessa Audette
[email protected]
530.225.4447
May 21, 2024
Jennifer Coulter, Project Director
Youth Options Shasta
1700 Pine Street, Suite 250
Redding, CA 96001
Subject: Cancellation of contract C-9273
Dear Ms. Coulter,
The City of Redding regrets to inform you that we are no longer able to fund services of Youth Violence Prevention Council dba Youth Options Shasta, as of June 30, 2024. With this notification, we comply with the minimum notice period required by our agreement. Youth Options Shasta has provided the City of Redding with good service, however, we must terminate our contract due to budget constraints.

The last payment was issued in April 2024, which fulfils the contract term until June 30, 2024. Please confirm the receipt of this letter as termination of our contract. If you have any questions you can reach me at 530-225- 4061 or [email protected].

Sincerely,
Tenessa Audette
Mayor
City of Redding
Packet Pg. 127 Attachment: ^Letter- cancellation of contract (4.1(d)--Cancellation of contract with Youth Violence Prevention Council)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve the contract with Youth Violence Prevention Council of Shasta County dba Youth Options Shasta for an annual amount of $30,000 from May 1, 2022, through June 30, 2024, with the option of two one-year extensions to manage youth programming efforts for the City of Redding including formation of a Youth Action Council and other opportunities for civic engagement by Redding’s youth; and authorize the Mayor to execute the contract.

Fiscal Impact
The contract with the Youth Violence Prevention Council of Shasta County dba Youth Options Shasta will cost $30,000 per year for two years and is an approved expenditure from the funds received through the American Rescue Plan Act. The contract provides the option for two oneyear extensions; each extension will cost $30,000 annually.

Alternative Action
The City Council (Council) could choose not to enter into this contract with Youth Options Shasta. In the event the Council wishes to provide youth programming, additional staff would likely be needed to adequately perform services for youth in an effective manner. The Council might alternately direct City of Redding (City) staff to pursue alternative contract terms or options for providing youth programs at the City.

Background/Analysis
The Council adopted, at its meeting on March 15, 2022, a resolution to approve the mid-year budget adjustments and the American Rescue Plan Act expenditures. The Council approved, by resolution, the allocation of funding to support youth programs centered on civic engagement and career pathway training for youth in Redding. Following Council direction, City staff negotiated an agreement with Youth Options Shasta to provide management and the MEETING DATE: April 5, 2022
ITEM NO. 4.1(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.1(a)--Contract with Youth Options Shasta for Services Related to Youth Programming
Janelle Galbraith, Economic
Development, Innovation &
Equity Manager
Packet Pg. 128 Attachment: ^4-5-22 Staff Report (4.1(d)--Cancellation of contract with Youth Violence Prevention Council) Report to Redding City Council March 28, 2022
Re: 4.1(a)--Contract with Youth Options Shasta Page 2
programmatic elements of a Youth Action Council and a series of related youth civic engagement and learning opportunities. Youth Options Shasta is a local non-profit corporation whose mission is to promote a safe and healthy community by providing positive options for youth. The Board of Directors is comprised of community leaders including representation from law enforcement, government, business, education, medical, and faith sectors of Shasta County.

It provides a number of educational programs to young people in and around the City of Redding, including administering the Shasta County Peer Court program.

The proposed scope of work for Youth Options Shasta includes developing training and programmatic elements that engage youth and teach them about local government processes. The vision of this effort is to create an opportunity for youth to actively participate in local government processes in a meaningful way, while learning about relevant and current issues and providing insight that is available and impactful for both the Council and City staff. Aspects of the program will include opportunities for participants to engage with elected officials, a variety of City staff, and other City partners and stakeholders as they explore various topics related to local government. Mentorship is a key component of this program and the scope of work calls for the program to develop program elements that help participants learn how to leverage their experiences and learning to prepare for their future in education, employment, or training. Youth Options Shasta will be responsible for leading the marketing and outreach related to this effort and will provide regular updates to the Council regarding program outcomes.

Youth Options Shasta will assist the participants of the Youth Action Council in the creation and maintenance of a web-page and social media pages and actively market these programs across various mediums including television, radio, and engagement with local schools. The scope of work currently calls for Youth Options Shasta to increase awareness of the City’s youth programs and career opportunities in local government by organizing “Careers in City Government” events either at schools or in the community at large.

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.”
• 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
Youth Options - COR Agreement (available online)
Packet Pg. 129 Attachment: ^4-5-22 Staff Report (4.1(d)--Cancellation of contract with Youth Violence Prevention Council)

C IT Y OF
R E ID"
L
C A L I F 0 R -

PAMELA MIZE, CITY CLERK

SHARLENE TIPTON, ASSISTANT CITY CLERK
530.225. 4447
530. 225, 4463 FAX
Youth Options Shasta
Attn: Susan Morris Wilson
1700 Pine Street, Suite 250
Redding, CA 96001

CITY OF REDDING
777 Cypress Avenue, Redding, CA 96001
PO BOX 496071, Redding, CA 96049- 6071
cityofredding. org
May 19, 2022
RE: Youth Services Contract — C- 9273
Dear Susan Morris Wilson,
Enclosed please find the fully executed original of the above referenced Youth Services Contract by and between the City of Redding and Youth Violence Prevention Council DBA Youth Options Shasta regarding consulting services.

If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at ( 5310) 225- 4044.

Sincerely,
Amber DalPoggetto
Executive Assistant
Enclosure
cc: Janelle Galbraith
Ellen Grannis
Packet Pg. 130 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with MW - U - = - =
M911i I ; W-1 91 ILATA toBLINK0101 IN 19tON
THIS CONTRACT is made at Redding, California, by and between the City ofRedding ("City"), a municipal corporation, and Youth Violence Prevention Council dba Youth Options Shasta Consultant") for the purpose of supporting the efforts of the City of Redding in the development ofthe City' s Youth Action Council (YAC). The YAC proposes to be a group of high school aged youth from the Redding area who are supported in providing advice and counsel to the Redding City Council and various departments in the City of Redding on projects, programming, budget development, and specific agenda items as it is relevant. The YAC would also provide leadership opportunities for youth in the community through the implementation of local community initiatives, and appointment to City Boards and Commissions if appropriate.

WHEREAS, City does not have sufficient personnel to perform the services required herein thereby necessitating this Contract for personal services.

NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:

SECTION 1. CONSULTANT SERVICES
Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A, attached and incorporated herein. Consultant shall provide the services at the time, place and in the manner specified in Exhibit A.

A. City shall pay Consultant for services rendered pursuant to this Contract in a total annual amount not to exceed thirty thousand dollars ($ 30, 000). This sum includes all out- of-pocket travel, lodging, and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. Payments shall be made in the following manner.
a. May 1, 2022 1, 250
b. July 1, 2022 7, 500
c. October 1, 2022 7, 500
d. January 1, 2023 7, 500
e. April 1, 2023 7, 500
f. July 1, 2023 7, 500
g. October 1, 2023 7, 500
h. January 1, 2024 7, 500
i. April 1, 2024 7, 500
Youth Services Contract Page I
April 2022
T
E
Packet Pg. 131 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with B. All correct, complete and undisputed invoices sent by Consultant to City shall be paid within thirty ( 30) calendar days of receipt.
613 LVI I IIzF.74 I
A The term of this Contract begins on May 1, 2022, and will end at midnight on June 30, 2024. This Contract shall automatically renew for up to two additional one- year terms, unless either party provides notice to the other of its intent to terminate this Contract not less than thirty days before the end of the then current term.

B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Consultant.

C. Either Party may terminate this Contract without cause on thirty (30) calendar days' written notice. Notwithstanding the preceding, ifthe term set forth in Section 3. A. of this Contract exceeds ninety ( 90) calendar days in duration, Consultant' s sole right to terminate shall be limited to termination for cause.

D. Consultant hereby acknowledges and agrees that the obligation of City to pay under this Contract is contingent upon the availability of City' s funds which are appropriated or allocated by the City Council. Should the funding for the project and/ or work set forth herein not be appropriated or allocated by the City Council, City may terminate this Agreement by furnishing at least thirty ( 30) calendar days' written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, Consultant shall not be entitled to a remedy of acceleration of payments due over the term of this Agreement. The Parties acknowledge and agree that the power to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitutional provision supersedes any law, rule, regulation or statute which conflicts with the provisions of this Section.

E. In the event that City gives notice of termination, Consultant shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Consultant pursuant to this Contract. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product.

F. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten ( 10) calendar days after termination of this Contract by City, furnish to City such financial information as in Youth Services Contract Page 2
April 2022
Packet Pg. 132 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with the judgment of the City' s representative is necessary to determine the reasonable value of the services rendered by Consultant.

G. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party' s failure to perform each obligation required by this Contract.

SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible to Consultant as required for Consultant' s performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipment as required by Consultant for such access.

B. Pursuant to the City' s business license ordinance, Consultant shall obtain a City business license prior to commencing work.

C. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession.

D. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/ employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant' s income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City' s workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit.

E. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.

F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same Youth Services Contract Page 31
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Packet Pg. 133 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City' s Risk Manager shall determine to be necessary.

G. Consultant, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.

H. Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City.

Consultant shall retain such records for three ( 3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City.

Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant' s profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.

All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Consultant in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Consultant. City shall release, defend, indemnify and hold harmless Consultant from all claims, costs, expenses, damage or liability arising out of or resulting from City' s use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Consultant, except for use by City on those portions of the City' s project for which such items were prepared.

K. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act Government Code § 8 100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant' s economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk.

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Packet Pg. 134 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with SECTION 5. INSURANCE
A. Unless modified in writing by City' s Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract:

Coverage Required Not Required
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability ( Errors and Omissions) X
Place an " x" in the appropriate box)
B. Coverage shall be at least as broad as:

Insurance Services Office form number CG -0001, Commercial General Liability Insurance, in an amount not less than $ 1, 000,000 per occurrence and 2, 000, 000 general aggregate for bodily injury, personal injury and property damage;

2. Insurance Services Office form number CA -0001 ( Ed. 1/ 87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $ 1, 000,000 combined single limits per accident applicable to all owned, non -owned and hired vehicles;

3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than 1, 000, 000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer' s waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers;

4. Professional Liability ( Errors and Omissions) Insurance, appropriate to Consultant' s profession, against loss due to error or omission or malpractice in an amount not less than $1, 000,000.

5. The City does not accept insurance certificates or endorsements with the wording " but only in the event of a named insured' s sole negligence" or any other verbiage limiting the insured' s insurance responsibility.

C. Any deductibles or self-insured retentions must be declared to and approved by City.

At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Consultant shall procure a bond Youth Services Contract Page 5
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Packet Pg. 135 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with guaranteeing payment of losses and related investigations, claims administration and defense expenses.

D. The General Liability shall contain or be endorsed to contain the following provisions:

1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.

The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.

2. The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant' s insurance and shall not contribute with it.

Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty ( 30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty 30) calendar days' prior written notice has been given to City.

E. Insurance is to be placed with insurers with a current A.M.Best' s rating of no less than A -VII.

F. Consultant shall designate the City of Redding as a Certificate Holder of the insurance. Consultant shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City' s Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner.

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Packet Pg. 136 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation, provisions concerning indemnification.

H. If any policy of insurance required by this Section is a " claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945. 6, Consultant shall keep said insurance in effect for a period of eighteen ( 18) months after the termination of this Contract.

I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant shall immediately notify City' s Risk Manager by telephone at ( 530) 225- 4068. No later than three ( 3) calendar days after the event, Consultant shall submit a written report to City' s Risk Manager containing the following information, as applicable: 1) name and address of injured or deceased person( s); 2) name and address of witnesses; 3) name and address of Consultant' s insurance company; and 4) a detailed description of the damage and whether any City property was involved.

A. Consistent with California Civil Code § 2782. 8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782. 8. Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses ( including, but not limited to, reasonable attorney' s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance ofprofessional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision (A) of this Section, and to the fullest extent permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one ofthem, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses ( including, but not limited to, reasonable attorney' s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional Youth Services Contract Page 7
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Packet Pg. 137 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

C. The Consultant' s obligation to defend, indemnify and hold harmless shall not be excused because of the Consultant' s inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City.

Ifthe Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty ( 30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein.

D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.

E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City' s interests. City shall be reimbursed for all costs and attorney' s fees incurred by City in enforcing the obligations set forth in this Section.

A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.

B This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution ofthis Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract.

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Packet Pg. 138 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.

D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.

F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.

G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.

H. In the event of a conflict between the term and conditions ofthe body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant.

SECTION 8. SURVIVAL
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Packet Pg. 139 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract.

SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Consultant shall comply with all applicable laws, ordinances and codes of federal, state and local governments.

B. In the performance of this Contract, Consultant shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or non -membership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or non -membership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.

SECTION 10. REPRESENTATIVES
A. City' s representative for this Contract is Janelle Galbraith, telephone number ( 530) 225- 4061. All of Consultant' s questions pertaining to this Contract shall be referred to the above- named person, or to the representative' s designee.

B. Consultant' s representative for this Contract is Susan Wilson, telephone number 530) 524- 4777. All of City' s questions pertaining to this Contract shall be referred to the above- named person.

C. The representatives set forth herein shall have authority to give all notices required herein.

SECTION 11. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender ( may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:

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Packet Pg. 140 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with To City:

City Managers Office
Attn: Janelle Galbraith
777 Cypress Ave.

Redding, CA 96001
To Consultant:

Youth Options Shasta
Attn: Susan Morris Wilson
1700 Pine Street, Suite 250
Redding, CA 96001
B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section.

C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.

SECTION 12. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf ofthe respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract.

B. When the Mayor is signatory to this Contract, the City Manager and/ or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein.

The date of this Contract shall be the date it is signed by City.

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Packet Pg. 141 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below:

Dated: 202'
PAMELA MIZE, Cityrk
Dated: 20
By:

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April 2022

CITY OF REDDING,
A Municipal Corporation
BY: KRISTEN SCHREDER, MAYOR
BARRY E. DeWALT
City Attorney
By:

CONSULTANT
Tax ID No.:

Packet Pg. 142 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with Exhibit A Scope of Work

1. Develop any application protocols (in consultation with the City Manager' s Office) as necessary, while considering equity and inclusivity of all area youth.

2. Communicate with schools and community organizations to publicize the program and include parents in the recruitment efforts.

3. Organize, plan, and conduct programmatic meetings. Provide all materials necessary to conduct monthly meetings.

4. Develop programming to engage youth in learning about local government processes. a. Develop training for the youth participating in the program including meeting management and protocols;
b. Collaborate with City staff and the City Council in determining items that might benefit from receiving input by youth;
c. Support participants in the youth action council in developing constructive input on City matters that reflects their insight;
d. Provide opportunities to connect youth with City staff, pairing youth and staff along interests and career aspirations when possible;
e. Develop a community wide educational program on a specific issue pertinent to youth;
f. Develop a website page and maintain an active social media presence to promote and serve as a resource for the youth program;
g. Organize or participate in activities organized by others to contribute to community service projects;
h. Provide mentorship to youth participants on how to maximize their learning from the program and apply the experience in future educational and career settings; i. Developing a resource publication focused on activities for youth; j. Conduct interviews with city officials and other community organizations for media presentations including radio and TV;
k. Attend City Council meetings at least once per year and other City department meetings as appropriate to increase knowledge of municipal functions, programming, and projects.

1. Organize a " Careers in City Government" day at local schools or in the community.

5. Maintain all information about the program in consultation with the City Manager' s Office, and provide regular bi- annual updates to the City Council of progress and activities. An annual financial report of expenditures shall be provided to the City Council.

6. Solicit funding and support from community organizations and partner with the City in writing and submitting grants for additional funding as available.

7. Ensure all guidelines and laws pertaining to working with and around youth and minors are strictly adhered to and followed.

Packet Pg. 143 Attachment: C-9273 - Agreement - 2022 - Youth Violence Prevention Council dba Youth Options Shasta (4.1(d)--Cancellation of contract with

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Approve the Ground Lease Agreement between the City of Redding and Redding Jet Center for land located at the Redding Regional Airport – 3775 Flight Avenue, with annual rent for the initial year to be $19,054.68; increasing to $44,388.52 for the second year; and the remaining 28-year term until May 31, 2054, the annual rent will be adjusted based on CPI;
(2) Authorize the City Manager, or designee, to sign and execute the lease agreement; and (3) Find the action categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 – Existing facilities.

Fiscal Impact
Annual rent for the initial year will be $19,054.68 increasing to $44,388.52 for the second year.

For the remaining period until May 31, 2054 the annual rent will be adjusted based on CPI.

Redding Jet Center intends to use the leasehold area to relocate and expand aircraft fuel storage and fueling facilities which will have a variable impact on airport revenues from fuel flowage fees charged in the City of Redding Master Fee Schedule. The ultimate impact remains to be seen, however, if the Redding Jet Center development yields increased fuel sales, the Airports Division may collect a higher amount in fuel flowage fees as revenue.

Alternative Action
City Council may choose not to approve the lease agreement and provide alternative direction to staff instead.

MEETING DATE: May 21, 2024
ITEM NO. 4.2(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(a)--Approve Ground Lease Agreement with Redding Jet Center Steve Bade, Assistant City
Manager
Packet Pg. 144
Report to Redding City Council May 16, 2024
Re: 4.2(a)--Approve Lease Agreement with Redding Jet Center Page 2 Background/Analysis
The City of Redding operates and owns the Redding Regional Airport (RDD), a public-use airport with commercial air service. The RDD contains facilities for both commercial and general aviation users, as well as significant amounts of developable space which is further detailed in several planning documents including the Airport Layout Plan, Airport Strategic Plan, and Airport Master Plan. All land, including developable land, can be generally divided into land which is dedicated to either aeronautical or non-aeronautical land-uses. This distinction determines the applicability of certain regulations and grant sponsor obligations imposed by the Federal Aviation Administration (FAA).

In late 2022, the City of Redding Airports Division identified several pieces of land suitable for development of aeronautical land-use facilities. The Airports Division solicited bids for four development sites at the airport between December 30, 2022 and February 1, 2023 as Schedule Number 5342. After review of submitted proposals, the Redding Jet Center was selected by the panel as the best and highest use of the site known as the “North Lot” in the bid package.

The Redding Jet Center proposal centers on the development of an above ground fuel storage facility as well as pavement improvements to support fueling activities as part of its overall Fixed Base Operator operations at the airport. The proposed lease terms include an initial term of 30 years starting on June 1, 2024 and then two, five-year options to extend the term of the agreement. The leased premises include an 85,832 square foot area which is further described in the exhibits to the Ground Lease Agreement and referenced as the “North Lot” in the RFP. These improvements will benefit all airport users by expanding available service, help the Redding Jet Center meet regulatory requirements prohibiting underground fuel tanks, and ultimately benefit the airport by increasing revenues from fuel sales collected through the fuel flowage fee.

In accordance with Government Code section 54221(f)(1)(O), land that is owned by a California public use airport on which residential uses are prohibited pursuant to the Federal Aviation Administration Order 5190.6B are declared exempt surplus land.

Environmental Review
Staff has reviewed the action and determined that approval of the lease agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15301 – Existing Facilities. Class 1 exemptions include the permitting, leasing, and operation of public or private structures, facilities, mechanical equipment, or topographical features that involve negligible or no expansion of existing or former use. Approval of the lease agreement has no potential to have a significant effect on the environment.

The Redding Jet Center is responsible for meeting certain regulatory requirements in order to develop land as required by the FAA in a process that includes National Environmental Policy Act (NEPA) and CEQA consideration. Redding Jet Center is working with a qualified aviation consultant to obtain necessary NEPA and CEQA approvals which will be submitted to the City Planning Department and FAA as part of the development approval process.

Packet Pg. 145
Report to Redding City Council May 16, 2024
Re: 4.2(a)--Approve Lease Agreement with Redding Jet Center Page 3 Council Priority/City Manager Goals
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
RFP 5342 - Airport Development
Ground Lease Agreement
NOE Lease Agreement_Redding Jet Center
Packet Pg. 146
December 30, 2022

REQUEST FOR PROPOSAL

TO PROVIDE

AERONATICAL DEVELOPMENT ON AIRPORT PROPERTY LOCATED AT THE

REDDING REGIONAL AIRPORT,

CITY OF REDDING, CALIFORNIA
(Schedule Number 5342)
In accordance with the provisions of the Municipal Code of the City of Redding, sealed proposals must be submitted to the City Clerk’s 3rd floor office of the City of Redding, located at City Hall, 777 Cypress Avenue, Redding, California 96001 prior to 3:00 pm PST, Wednesday, February 1, 2023, for furnishing the City of Redding a proposal to provide aeronautical development on airport property located at the Redding Regional Airport, per the attached specifications and general conditions.

PROPOSALS RECEIVED AFTER THIS TIME AND DATE MAY NOT BE ACCEPTED OR CONSIDERED.

The said proposals will be opened at 3:00 pm PST, on Wednesday, February 1, 2023, in the designated City Hall Conference Room as posted in the main lobby of City Hall, 777 Cypress Avenue, Redding, California.

The proposer shall provide the original (unbound) proposal, along with an exact copy of the proposal in PDF format on a USB drive. Fax or electronic submission of proposals will not be allowed. The City will award any resulting contract in a manner consistent with the City Purchasing Ordinance.

The cut-off date and time for receiving questions regarding this RFP is 5:00 pm PST, on Wednesday, January 18, 2023. All inquiries must be made in writing and may be submitted to the email address shown below.

THE CITY OF REDDING
Purchasing Division

Michelle Kempley, Senior Buyer
[email protected]
Packet Pg. 147 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) NOTE
If a potential bidder/proposer received this solicitation document through some means other than surface mail from the City of Redding (such as from the City of Redding Internet web site, or from another prospective bidder/proposer), it is the responsibility of the potential bidder/proposer to advise the assigned City of Redding Purchasing contact of its intention to submit a bid/proposal so that any addenda or other correspondence related to this solicitation will be sent to the potential bidder/proposer. When contacting the Purchasing Division, the bidder/proposer shall provide the solicitation number located on the cover page of this document.

Transmittal of this information must be in writing, by U.S. Mail, fax, or e-mail.

Transmittal of this information via telephone is not acceptable.

Please submit bid/proposal as directed in the RFP package. Forward to:

City of Redding
City Clerk
777 Cypress Avenue
Redding, CA 96001
Proposals must be received by the City Clerk’s office prior to 3:00 pm PST on the date indicated below. Mailing envelope is to be clearly marked on the outside with the following notation:
“Proposal for Schedule No. 5342; opening at
3:00 pm, on Wednesday, February 1, 2023”
Note: Signatures must be legible, indicating full first and last name.

The City of Redding
Purchasing Division
Packet Pg. 148 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

REQUEST FOR PROPOSALS
FOR

AERONATICAL DEVELOPMENT ON AIRPORT PROPERTY LOCATED

AT THE REDDING REGIONAL AIRPORT
SCHEDULE NUMBER: 5342
DECEMBER 30, 2022

CITY OF REDDING

REDDING REGIONAL AIRPORT
6751 WOODRUM CIRCLE, SUITE 200
REDDING, CA 96002
Packet Pg. 149 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) 2 INTRODUCTION/STATEMENT OF PURPOSE
The objective of the City of Redding Airports Division is to encourage aeronautical development at the Redding Regional Airport (RDD) in select areas within the Airport Operations Area (AOA).

Examples1of aeronautical development include aircraft parking, cargo and ground handling, and fueling. The available properties for development are referred to as the North Lot, South Lot, Flight Avenue Lot, and East Lot as seen is Exhibit A – Site Maps.

The project outcome is expected to represent the highest and best use of the available property within the scope of aeronautical development. The project outcome should also be compliant with all applicable federal, state and local regulations related to aviation and on-airport development and conform with the RDD Airport Master Plan (AMP) and Airport Strategic Plan (ASP). The RDD AMP and ASP are available for viewing at the RDD Airport Administration office located in Suite 200 on the second floor of the terminal at RDD. The City of Redding Airports Division makes no guarantee of regulatory approval nor intends to reimburse costs for permitting or regulatory approval.

The City of Redding (City) is soliciting proposals from developers interested in entering a longterm lease to develop on-airport property; complete the planning and building permit processes and all other regulatory processes specific to on-airport development; develop aeronautical uses on the airport property; operate or sub-lease to operate the aeronautical development on airport property. The City is seeking a capable and qualified developer that can demonstrate experience in developing, financing, and operating aeronautical development projects and who has the capability to assemble an experienced development team; prepare an innovative design and business plan; prepare a financing plan and provide evidence of financial capability for funding pre-development costs, equity, and both construction and ongoing project costs; and both the ability and experience to conduct aeronautical operations on airport property. Start-up or other, less experienced development entities are encouraged to partner or submit joint proposals with more experienced entities in order to be competitive. Upon review of the qualifications and proposals of the prospective development teams, the City anticipates entering into an Exclusive Right to Negotiate Agreement for the project site and, ultimately, a Disposition and Development Agreement to develop the site.

SITE INSPECTION / PRE-PROPOSAL CONFERENCE
The on-site inspection and pre-proposal conference will begin at 10:00 am, PST, on Thursday, January 12, 2023, at the Redding Regional Airport. Proposers shall meet at the Airport administrative office on the second floor of the Airport terminal building located at 6751 Woodrum Circle, Suite 200, Redding, California 96002, at 10:00 am for the site inspection. The pre-proposal conference will be held immediately thereafter in the James W. McCall Conference Room at the Redding Regional Airport for the purpose of reviewing the proposal documents. The purpose of this conference will be to clarify any questions or concerns. Attendance at the site inspection and pre-proposal conference is not mandatory, but highly suggested.

1 Not an exhaustive list
Packet Pg. 150 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) 3 SUBMITTAL INSTRUCTIONS
Submit one (1) unbound original proposal and one exact copy of the proposal in PDF format on a USB jump drive in a sealed box or envelope clearly marked with the name of the development entity and labeled:
“Request for Proposals, Schedule Number: 5342”
Proposals shall be delivered to the City Clerk of the City of Redding at the address and time as noted on the cover sheet. The City reserves the right to reject at its sole discretion proposals received after the stated time and date. Facsimile or electronic submission will not be accepted.

REQUIRED PROPOSAL CONTENTS
At a minimum, proposals shall include the following information, in the order indicated below:

1. Transmittal Letter - Include a cover transmittal letter signed by a member of the firm having the authority to enter into contracts on behalf of the organization and acknowledge receipt of all addenda by number (if any were issued). If unsure as to the status of addenda, contact Michelle Kempley, Senior Buyer, to confirm (phone: (530) 225-4137; email:
[email protected]). Addenda are also posted at:
www.cityofredding.org/PurchasingBids

2. Company Information - Provide name, address, telephone, fax, and e-mail of the development entity and its principals and describe how the development entity is organized, owned, and controlled. Include full names and biographical summaries of company officers and/or principals

3. Development Experience - Describe relevant project experience/role of the development entity in project planning, financing, and construction, with particular emphasis aeronautical development on airport properties. Provide elevations, site plans, and photographs for the most relevant three projects completed within the last five years.

Specifically describe what role the development entity or its principals have played in affordable housing projects from initial planning to build-out, specifying such roles as either “lead” or “support.”

4. Development Approach - Describe the development entity’s project management and organization approach, including the development team structure for this project, clearly showing lines of responsibility, including all subcontractors.

5. References - Provide credit, financial, or banking references, including contact names, phone numbers, and e-mail addresses. Reference information obtained for the purposes of this RFP will be kept confidential.

6. Project Description - Provide a description of the development plans for the project site including the following:
a. Site Plans showing the location and orientation of structures, pads, aprons, taxiways, or any other improvements.
b. Business Plans demonstrating added value of the proposed development to the Redding Regional Airport and including projected cash flow over lease term.

Packet Pg. 151 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) 4 EVALUATION CRITERIA
Submissions received as requested will be evaluated by the City. Interviews will then be scheduled with the entity or entities most closely meeting the City’s needs and objectives. Submissions will be evaluated and reviewed on the basis of the following criteria:
 Experience of development entity in planning, designing, building, and operating onairport aeronautical developments.  Qualifications and experience of key personnel and development team members.  Financial strength of development entity and ability to raise capital.  Ability to operate the development to the benefit of local aviation.  Project consistency with relevant municipal and airport planning documents.  Level of co-location or partnership with existing adjacent and surrounding aeronautical developments at the airport.

The City of Redding reserves the right to reject any or all proposals, in part or in their entirety. In addition, the City will award any resulting contract in a manner consistent with the City Purchasing Ordinance.

SELECTION PROCESS TIMEFRAME
Release of RFP to Developers December 30, 2022
Site Visit 10:00 am on January 12, 2023
Questions due by 5:00 p.m. January 18, 2023
Addendum issued (if necessary) January 20, 2023
Response due to City by 3:00 p.m. February 1, 2023
Analysis of Proposals February 6 – 10, 2023
Interviews (if necessary) February 20 – 24, 2023
Negotiation of Development Agreement February 27 – March 10, 2023 Recommendation to City Council and Approval
of Contract/Development Agreement
April 4, 2023
Commencement of Development Agreement April 5, 2023

CONTACTS
Technical questions: Procedural Questions:

William Wallace, Management Analyst Michelle Kempley, Senior Buyer City of Redding Airports Division City of Redding Purchasing 6751 Woodrum Circle, Suite 200 777 Cypress Avenue
Redding, CA 96002 Redding, CA 96001
[email protected] [email protected]
Questions must be submitted in writing to both contacts shown above. All questions, other than procedural questions, must be received no later than 5:00 p.m., PST, Wednesday, January 18, 2023. At the City’s sole discretion, clarifications deemed material to this project will be shared with all known interested parties by way of formal written addendum which will also be posted to the Purchasing Division website at:
www.cityofredding.org/PurchasingBids .

Packet Pg. 152 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) 5 ATTACHMENTS
Exhibit A– Site Maps
Exhibit B – Sample Lease Agreement
Exhibit C – Terms and Conditions
Packet Pg. 153 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

KNIGHTON RD

VENTURE PKWY

LOCKHEED DR

UNFORGE

SYLVIA LN

MEADOW VIEW DR

AERO ST

KISLING RD

AMIGO WAY

HERMOSA WAY

LEMURIAN RD

BOEING DR

MUNICIPAL BLVD

TORO WAY

MUIR PEAK RD

WOODCREST DR

WOODRUM CIR

ARLIN LN

NELDA WAY

BOLAM CREEK RD

FLIGHT AVE

GIBB DR

AVIATOR LN

FIESTA WAY

DEVERE DR

HEIDI WAY

MIMOSA LN

AVTECH PKWY

BELINDA WAY

PRIMROSE LN

ENCINA DR

AIRWAY DR

AUTUMN WAY

AVIANCA DR

CINDY LN

APPLE LN

GRUMANN DR

MARGARITA CT

DIGGER LN

ATLETAS WAY

BELLO CT

GOLETA CT

LOCKHEED DR

AIRPORT RD

SHASTA VIEW DR

AIRPORT RD

HOTLAM RD

AIRPORT RD
Redding GIS

INFORMATION TECHNOLOGY DEPARTMENT

GIS DIVISION EXHIBIT A - RFP SITE MAPS
DATE PRODUCED: - 0 500 1,000 Feet
X:\ACADMap\Airport\ProProjects\Aeronautical_ReddingAirport.aprx DECEMBER 22, 2022 CITY OF REDDING

REDDING REGIONAL AIRPORT
East Lot
Flight Ave. Lot
North Lot
South Lot
Redding Regional Airport
Operations Area
Packet Pg. 154 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

LOCKHEED DR

MUNICIPAL BLVD

WOODRUM CIR

FLIGHT AVE

AIRWAY DR

AIRPORT RD
Redding GIS

GIS DIVISION

INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 125 250 Feet
X:\ACADMap\Airport\ProProjects\Aeronautical_ReddingAirport.aprx DECEMBER 22, 2022
North Lot
Redding Regional Airport
Operations Area

EXHIBIT A - RFP SITE MAPS

CITY OF REDDING

REDDING REGIONAL AIRPORT

NORTH LOT
South Lot
Flight Ave. Lot
Packet Pg. 155 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

LOCKHEED DR

MUNICIPAL BLVD

WOODRUM CIR

FLIGHT AVE

AIRWAY DR

AIRPORT RD
Redding GIS

GIS DIVISION

INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 125 250 Feet
X:\ACADMap\Airport\ProProjects\Aeronautical_ReddingAirport.aprx DECEMBER 22, 2022
South Lot
Redding Regional Airport
Operations Area

EXHIBIT A - RFP SITE MAPS

CITY OF REDDING

REDDING REGIONAL AIRPORT

SOUTH LOT
North Lot
Flight Ave. Lot
Packet Pg. 156 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

LOCKHEED DR

MUNICIPAL BLVD

WOODRUM CIR

FLIGHT AVE

AIRWAY DR

AIRPORT RD
Redding GIS

GIS DIVISION

INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 125 250 Feet
X:\ACADMap\Airport\ProProjects\Aeronautical_ReddingAirport.aprx DECEMBER 22, 2022
Flight Ave. Lot
Redding Regional Airport
Operations Area

EXHIBIT A - RFP SITE MAPS

CITY OF REDDING

REDDING REGIONAL AIRPORT
FLIGHT AVE. LOT
North Lot
South Lot
Packet Pg. 157 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

CH PKWY
Redding GIS

GIS DIVISION

INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 250 500 Feet
X:\ACADMap\Airport\ProProjects\Aeronautical_ReddingAirport.aprx DECEMBER 21, 2022
East Lot
Redding Regional Airport
Operations Area

EXHIBIT A - RFP SITE MAPS

CITY OF REDDING

REDDING REGIONAL AIRPORT

EAST LOT
Packet Pg. 158 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

GROUND LEASE AGREEMENT
This Agreement is entered into as of date, (the “Effective Date”) by and between the City of Redding, a municipal corporation (the “Agreement’), (the “City”), and lessee entity, a organization type, (the “Lessee”).

R E C I T A L S
A. City operates and maintains the Redding Regional Airport (the “Airport”) and is owner of certain real property in the County of Shasta, State of California, described on Exhibit A (the “Property”).

B. Lessee desires to lease from City approximately area square feet of ground space to use and develop description of development.

A G R E E M E N T

1. PREMISES. Lessee desires to lease from City and City desires to lease to Lessee on the terms and conditions contained in this Agreement, area square feet ground area, located adjacent to their existing base operations, legally depicted on Exhibit B, attached hereto and incorporated herein by reference, (the “Premises”).

2. TERM.

A. Lease Commencement: the term will begin after the City Building Division issues an occupancy certificate to Lessee for Lessee’s new hanger (“Occupancy Date”). The term of this Agreement shall be for the period of thirty (30) years, commencing on the Occupancy Date and expiring on at 11:59 p.m. in the calendar year thirty (30) years after the Occupancy Date (the “Initial Term”). This section is to be amended to include the term dates when occupancy certificate is issued by City Building Division.

B. So long as Lessee is not in default under this Agreement, Lessee shall have two (2) five (5) year options to extend the term of this Agreement. If Lessee exercises such option(s), all of the terms of this Lease Agreement shall remain in full force and effect, with the exception of this clause covering Lessee’s option to renew. The option(s) shall be exercised by written notice addressed to City no less than ninety (90) calendar days prior to the expiration of the then current Lease term.

C. Lessee shall exercise the option to extend the Term by written notice to the City no less than ninety (90) calendar days prior to the expiration of the Initial Term. Failure to exercise the option may, in the City’s sole discretion, be considered a forfeiture of the right to exercise the option.

3. USE.

A. The Premises is leased to Lessee for the sole purpose of description of development.

Lessee shall not use or permit the Premises to be used for any other purposes without the prior written consent of the Airports Manager.

Packet Pg. 159 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) B. Lessee shall not engage in the sale of alcoholic beverages at the Premises or Airport without the prior written consent of the Airports Manager.

4. RENTAL PAYMENTS.

A. The monthly rent to be paid by Lessee to the City under this Agreement during the Term of this Agreement (the “Rent”), shall be the following:

1. For the period beginning January 1, 2022, through the end of the Initial Term, the Rent to be paid by Lessee for the Premises shall be the Initial Rent $0.042 per square foot per month (approximately area square feet). Upon the commencement of each additional twelve (12) month period through lease term end date, Lessee shall pay to the City as the monthly Lease Fee, the sum of the then current monthly Rental fee increased by three percent (3%).

2. Lessee shall have two five-year options to extend the term of this Lease. Such options shall extend the initial 30-year term of this Lease for two additional fiveyear periods, to first extension date, and second extension date, respectively.

During any extension, and upon the commencement of each additional twelve (12) month period and during said extension, Lessee shall pay to the City as the monthly Lease Fee, the sum of the then current monthly Rental fee increased by three percent (3%). If Lessee exercises such option(s), all of the terms of this Lease Agreement shall remain in full force and effect, with the exception of this clause covering Lessee' s option to renew. The option(s) shall be exercised by written notice addressed by Lessee to Lessor no less than ninety (90) days prior to the expiration of the then current Lease term.

B. Lessee shall pay to the City all rent for the Premises and all other payments, if any, required by this Agreement, without deduction, set off, prior notice or demand on or before the first ( 1st) day of the month. Payments not paid when due are subject to late fees and penalty charges as shown in the City’s then current Schedule of Fees and Charges. Rent for any partial month shall be prorated based on a thirty (30) day month.

5. UTILITIES. Lessee shall make arrangements for the provision and payment prior to delinquency of any and all utility charges furnished to the Premises, including without limitation, electricity, gas, water, sewer (if the facilities are connected to the sewer in the future), telephone services, garbage and rubbish removal and other public utilities. The City shall have no responsibility to pay for utilities furnished to the Premises, and Lessee shall hold the City free and harmless from all charges for the furnishing of utilities to the Premises.

6. TAXES.

A. Lessee is advised that, pursuant to Revenue and Taxation Code §107.6, a possessory interest subject to taxation may be created by the grant of this lease and that Lessee may be subject to the payment of property taxes levied upon the interest.

Packet Pg. 160 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) B. Lessee shall promptly pay before delinquency any taxes and/or special assessments assessed against the Premises and any improvements and/or Lessee’s personal property, and any possessory interest tax levied by reason of its use and/or occupancy of the Premises. On demand from the City, Lessee shall furnish the City with satisfactory evidence of these payments.

7. CONSTRUCTION BY LESSEE.

A. Duty to Construct. Lessee shall, at Lessee's sole cost and expense, construct or cause to be constructed on the Premises, detailed description of development and construction including Lessee responsibilities for costs and engineering, in the manner and according to the terms and conditions specified in this Article and shall be subject to any necessary permits as required by Redding Municipal Code thereby meeting the requirements of the City Zoning Ordinance, California Buildings Standards Code and the California Fire Code. The duty to construct for the development and any other improvements includes the duty for site preparation, including the removal, if necessary, of any buildings or other structures located on the Premises, the installation or relocation of any utilities and the obtaining of any and all necessary permits, including building and planning permits.

B. Requirement of City’s Written Approval.

1. Nothing contained in this Article 8 is intended to address the requirements or timing of the City of Redding Development Services Department. The City’s approval pursuant to this Section is not intended to be, nor shall it be deemed to be, approval for purposes of receiving a building or use permit.

2. No structure or other improvement of any kind shall be constructed on the Premises unless and until the plans, specifications, and proposed location of that structure or improvement have been approved in writing by the Airports Manager.

The submission of plans for the Airports Manager’s approval is for review of preliminary site layout plans and building elevations and is not intended to be nor shall it be deemed a submission for purposes of receiving a building or use permit.

Furthermore, no structure or other improvements shall be constructed on the Premises that do not comply with plans, specifications, and locations approved in writing by City.

C. Preparation and Submission of Plans. Lessee shall, at Lessee's own cost and expense, engage a licensed architect or engineer to prepare plans and specifications for the development and other improvements and shall submit to the Airports Manager for approval:

1. Within one hundred eighty (180) days after the effective date of this Lease, two copies of:
a. Drawings and materials in the form of preliminary plans and elevations sufficient to convey the architectural design of the development and other improvements to the Airports Manager, and
Packet Pg. 161 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) b. A statement of estimated construction costs for the development and other improvements prepared by the engaged architect or engineer.

2. The plans and specifications may be submitted to the City Planning and Building Divisions concurrent with the Airports Manager’s review.

3. Within ninety (90) calendar days after approval by Airports Manager of the items specified in Subsection (1) of this Subdivision C, and the obtaining by Lessee of any building permit, variance, use permit, or rezoning or administrative permit required for the development and other improvements, Lessee shall provide the Airports Manager two (2) copies of:
a. Detailed working drawings, plans, and specifications for the development and other improvement; and
b. A revised statement of estimated construction costs for the development and other improvements prepared by the engaged architect or engineer.

D. City’s Approval or Rejection of Plans. Within fifteen (15) days after receipt by Airports Manager of any of the documents submitted to City for approval pursuant to Section 8C of this Lease, the Airports Manager shall either approve those documents by endorsing City's approval on each such document and returning one set of the documents to Lessee, or the Airports Manager shall give written notice to Lessee of any objections City may have to those documents. Within thirty (30) days after service on Lessee of the written notice of City's objections, Lessee shall deliver corrective amendments to the documents to the Airports Manager and City shall, within ten (10) days after receiving the corrective amendments, serve written notice on Lessee of City's approval or rejection of the documents as so amended. City’s failure to comply with the times stated herein shall not constitute approval of Lessee’s plans.

E. Changes in Plans. After approval by the Airports Manager of the documents described in Section 8.C.3 of this Lease, any material change in the plans or specifications for the Hangar and other improvements shall be approved by the City. City shall give written notice to Lessee of any objections City may have to any proposed changes within twenty (20) days after a written statement of the proposed changes has been given to City by Lessee. Minor changes in work or materials need not be approved by City but a copy of the altered plans and specifications reflecting those changes shall be given to City. For the purposes of this Section, “minor change” means one that does not materially change the exterior appearance, internal plan, location on the Premises or result in a change in the cost of construction of more than Ten Thousand Dollars ($10,000.00). All other changes are material.

F. All Work Under Direction and Supervision of Licensed Contractor. All work required in the construction of the development and other improvements, including site preparation work, landscaping work, and utility installation work, as well as actual construction work on the development and other improvements, shall be performed under the direction and supervision of a competent contractor(s) licensed and in good standing under the laws of the State of California. Such contractor(s) may be an employee of Lessee and shall have a current class B General Contractor’s license issued by the State Packet Pg. 162 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) of California.

1. Lessee shall record that Certificate of Completion promptly within the time specified by law for the recording of that notice; and

2. Lessee shall settle and discharge all liens of record claimed by persons who supplied either labor or materials for the construction of the development and other improvements.

G. Compliance With Law and Standards. The development and other improvements shall be constructed, all work on the Premises shall be performed, and all buildings or other improvements on the Premises shall be erected in accordance with all valid laws, ordinances, regulations, and orders of all federal, state, county, or local governmental agencies or entities having jurisdiction over the Premises; provided, however, that any structure or other improvement erected on the Premises, including the development, shall be deemed to have been constructed in full compliance with all such valid laws, ordinances, regulations, and orders when a valid final Certificate of Occupancy entitling Lessee and sublessees, is so authorized, of Lessee to occupy and use the structure or other improvement has been duly issued by proper governmental agencies or entities. All work performed pursuant to this Lease, or authorized by this Lease, shall be done in a good workmanlike manner and only with new materials of good quality and high standard.

H. Time for Completion. Lessee shall begin substantial construction of the development, pursuant to acquisition of a valid building permit, within twelve (12) months of the effective date of this Lease. Lessee shall cause construction of the development and other improvements to thereafter be diligently pursued without unnecessary interruption, and shall cause the development and other improvements to be completed and ready for occupancy not later than one hundred eighty (180) days after commencement of its construction. Lessee shall be excused for any delays in construction or commencement of construction caused by the act of the act of any public enemy, acts of God, the elements, war, war defense conditions, litigation, strikes, walkouts, or other causes beyond Lessee's control. Lessee shall, however, use reasonable diligence to avoid any such delay and to resume construction as promptly as possible after the delay.

I. Mechanics’ Liens.

1. At all times during the term of this Lease, Lessee shall keep the Premises and all improvements now or hereafter located on the Premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises.

2. Should Lessee fail to pay and discharge or cause the Premises to be released from any such lien or claim of lien within twenty (20) days after service on Lessee of written request from City to do so, City may pay, adjust, compromise, and discharge any such lien or claim of lien on any terms and in any manner that City may deem appropriate unless Lessee is in good faith contesting, opposing or objecting to such lien or claim of lien in compliance with subsection (3) below.

In the event Lessee so fails to pay and discharge or cause the Premises to be Packet Pg. 163 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) released from any such lien or claim of lien, Lessee shall, on or before the first day of the next calendar month following any such payment by City, reimburse City for the full amount paid by City in paying, adjusting, compromising, and discharging that lien or claim of lien, including any reasonable attorneys' fees or other costs expended by City, and late fees and penalty charges, as appropriate, as shown in City’s then current Schedule of Fees, together with interest at the then-maximum legal rate from the date of payment by City to the date of repayment by Lessee.

3. Lessee shall have the right to contest, oppose or object in good faith to the amount or the validity of any liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises, provided that written notice of the contest, opposition or objection must be given to City at least five (5) days prior to Lessee making or filing the contest, opposition or objection.

Lessee shall be responsible for and shall pay all costs and expenses in any contest or legal proceeding instituted by Lessee. In no event shall City be subjected to any liability for costs or expenses connected to any contest, and Lessee agrees to indemnify and hold City harmless from any such costs and expenses.

Furthermore, no such contest, opposition, or objection shall be continued or maintained unless Lessee has provided to City such further written assurances as City may require within ten (10) days of City’s written request.

J. Zoning and Use Permits. Should Lessee deem it necessary or appropriate to obtain any building permit, use permit, variance, rezoning or administrative permit for the Premises in order to construct or operate the development or any other improvements, City agrees to execute any documents, petitions, applications, and authorizations that may be necessary or appropriate; provided, however, that any such permits, variances, or rezoning shall be obtained at the sole cost and expense of Lessee and Lessee agrees to protect and save City and the property of City, including the Premises, free and harmless from any such cost and expense.

K. Ownership of Improvements.

1. Title to all improvements, including the Hangar, to be constructed on the Premises by Lessee shall be owned by Lessee until expiration of thirty (30) years from the commencement date of this Lease or earlier termination of this Lease. All improvements, including the Hangar, on the Premises at the expiration of the term or earlier termination of this Lease shall, without compensation to Lessee, then automatically and without any act of Lessee or any third party become City's property. Lessee shall surrender the improvements to City at the expiration of the term or earlier termination of this Lease, free and clear of all liens and encumbrances, other than those, if any, permitted under this Lease or otherwise created or consented to by City. Without taking any action to alter the function or habitability of the improvements or to reduce the economic value of the same, Lessee agrees to execute, acknowledge, and deliver to City any instrument requested by City as necessary in City's opinion to perfect City’s right, title, and interest to the improvements and the Premises.

Packet Pg. 164 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

2. Lessee shall have the right to remove such personal property, machinery, and equipment as may be removed without threat to the structural integrity of any building or improvement. If damage results from the removal of any such items, Lessee shall repair such damage at its sole expense.

8. INDEMNIFICATION. Lessee shall indemnify and defend the City, its officers, officials, employees, agents and volunteers, against and hold them harmless from any and all claims, losses, damages, civil penalties, and liability for damages, including reasonable attorneys’ fees and other costs of defense incurred by the City, whether for damage to or loss of property or injury to or death of person(s), including properties of the City and injury to or death of the City’s officers, officials, employees, agents and volunteers, arising out of or resulting from Lessee’s possession or use of the Premises or activities hereunder or from the actions of Lessee’s officers, employees, agents and invitees, unless such damage, loss, injury or death is caused by the sole negligence or willful misconduct of the City. Lessee’s obligations under this Section shall survive termination or expiration of this Agreement.

9. INSURANCE.

A. Unless modified in writing by City’s Risk Manager, Lessee shall maintain, during the duration of this Agreement, the following insurance from an insurance company authorized to do business in the State of California. The cost of such insurance shall be born by Lessee. Subject to policy terms, conditions, limitations and exclusions, coverage shall be at least as broad as:

1. Insurance Services Office form number CG-00 01, Commercial General Liability Insurance, in an amount not less than $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury and property damage liability, personal injury and advertising injury liability, medical payments and, as applicable, productscompleted operations coverage, explosion, fueling, defueling and refueling operations.

2. Aircraft Liability, in respect of all aircraft owned, leased, hired, borrowed or operated, including passengers and non-passengers, and including contractual liability coverage in an amount not less than $1,000,000 per each occurrence for bodily injury and property damage, with a sublimit per passenger of no less than $100,000.

3. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, nonowned and hired vehicles.

4. Statutory Workers’ Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers.

5. Property Insurance against all risks of loss to any tenant improvements, Packet Pg. 165 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) betterments, and contents at full replacement value. The property insurance policy shall contain a waiver of subrogation in favor of City, its officers, officials, agents, employees and volunteers.

B. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City.

C. Other Insurance Provisions. The general liability policies are to contain or be endorsed to contain the following provisions:

1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Lessee; premises leased or used by Lessee; or automobiles owned, leased, hired or borrowed by the Lessee. The coverage shall contain no special limitations of the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers.

2. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.

3. Lessee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents or volunteers but only as respects claims arising from the sole negligence of the Lessee. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Lessee’s insurance and shall not contribute with it.

4. Coverage shall state that Lessee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

D. Cancellation Clause. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled except after thirty (30) days’ prior written notice has been given to the City.

E. Certificate Holder. The Certificate Holder shall be the City of Redding, 777 Cypress Avenue, Redding CA 96001.

F. Sublessees. Sublessees shall be required to procure and maintain insurance applicable to their service and/or operation and meet the insurance requirements set forth in this Section. City shall determine the type(s) of insurance to be provided by Sublessee.

G. Acceptability of Insurers. Insurance is to be placed with insurers admitted to conduct business in the State of California with a current A.M. Best’s rating of no less than A- :VII.

H. Verification of Coverage. Lessee shall furnish the City with certificates of insurance and original endorsements effecting coverage required by this clause. The endorsements are Packet Pg. 166 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) to be signed by a person authorized by that insurer to bind coverage on its behalf.

I. Coverage. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Lessee thirty (30) days’ advance written notice of such change.

J. The requirements as to the types and limits of insurance coverage to be maintained by Lessee as required by Section 9 of this Agreement, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Lessee pursuant to this Agreement, including, without limitation, provisions concerning indemnification.

K. At every five (5) year anniversary during the initial term of this Agreement or any option term, the City Attorney or Risk Manager may modify the insurance requirements set forth herein and, upon written notice from the City Attorney or Risk Manager of the change in insurance requirements, Lessee shall satisfy said insurance requirement within thirty (30) calendar days.

10. MAINTENANCE AND REPAIRS.

A. Lessee shall, at Lessee’s sole cost and expense and at all times during the term, maintain the Premises in a safe and attractive condition and in the same condition as received at the beginning of the term, ordinary wear and tear excepted. Lessee shall do, or cause to be done without delay, all those things which, in the opinion of the Airports Manager, are necessary or desirable in the interests of safety or to maintain the Premises in good repair and appearance. All damage caused to the Premises and/or Airport by Lessee, its officers, employees, agents and invitees, shall be repaired at Lessee’s sole expense.

B. Lessee shall, at Lessee’s sole cost and expense and at all times during the term, be responsible for the following:

1. Sweeping and maintaining the aircraft and vehicle parking aprons in a clean condition;

2. Conduct vegetation and weed management.

11. ALTERATIONS AND ADDITIONS.

A. Lessee shall not make or cause to be made any alterations or improvements to the Premises without first securing the written consent of the Airports Manager. The Airports Manager, in his sole discretion, may impose restrictions upon any proposed alterations or improvements. All such alterations or improvements shall comply with Airport Policy and all applicable building, zoning and fire codes.

B. Any trade fixtures, equipment, and other property brought, installed, or placed by Lessee in or about the Premises shall be and remain the property of Lessee except as otherwise provided herein. Lessee shall have the right at any time during the term hereof to remove any or all of its property, subject to Lessee’s obligation to repair all damage, if any, Packet Pg. 167 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) resulting from such removal.

C. Upon the termination of this Agreement, at the sole option of the City: (1) The alterations or improvements shall become the property of the City and shall remain on the Premises; or (2) Lessee shall remove all alterations or improvements and return the Premises to the City in substantially the same condition as the Premises existed at the commencement of this Agreement.

12. ASSIGNMENT. Lessee shall not voluntarily assign, encumber, or sublet its interest in this Agreement or in the Premises, or allow any other person or entity (except its authorized representatives) to occupy or use any or all part(s) of the Premises, without first obtaining the City’s prior written consent which shall not be unreasonably withheld. Any assignment or encumbrance without the City’s consent shall be voidable and, at the sole election of the City, shall constitute a default of this Agreement. No consent to any assignment or encumbrance shall constitute a further waiver of the provisions of this section.

13. INVOLUNTARY ASSIGNMENT.

A. No interest of Lessee in this Agreement shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment:

1. If Lessee is or becomes bankrupt (whether voluntary or involuntary) or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Lessee is the bankrupt; or, if Lessee is a partnership or consists of more than one person or entity, if any partner of the partnership, or other person or entity, is or becomes bankrupt (whether voluntary or involuntary) or insolvent, or makes an assignment for the benefit of creditors;

2. If a writ of attachment or execution is levied on this Agreement;

3. If, in any proceeding or action to which Lessee is a party, a receiver is appointed with authority to take possession of the Premises; or

4. The abandonment or discontinuance of any operation at the Airport by Lessee, or the failure to conduct any service, operation or activity permitted by this Agreement. If this condition exists for a period of fifteen (15) days without the prior written consent of the City, it will constitute an abandonment of the land, facility or location, and this Agreement shall become null and void.

B. An involuntary assignment shall constitute a default by Lessee, and the City shall have the right to elect to terminate this Agreement. In no event shall this Agreement be deemed or treated as an asset of Lessee.

14. NO EXCLUSIVE USE. Nothing contained in this Agreement shall be construed as entitling Lessee to the exclusive use of any services, facilities, or property rights of any nature at the Airport, except the use of the Premises for the purpose and approved use set forth in this Agreement.

Packet Pg. 168 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

15. WASTE; QUIET CONDUCT. Lessee shall not commit or suffer to be committed any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant of or user of the Airport or the City’s adjoining property.

16. STORAGE. Lessee shall not store anything outside of the Premises without the prior written approval of the Airports Manager.

17. RIGHT TO INSPECT.

A. The City and its authorized officers, agents, employees, volunteers, contractors, subcontractors and other representatives shall have the right to inspect the Premises for any purpose, including, but not limited to, the following:

1. To inspect the Premises at reasonable intervals during regular business hours with twenty-four (24) hours prior notice to determine whether Lessee has complied with or is complying with the promises, terms, covenants and conditions of this Agreement;

2. To make repairs, additions, or alterations as may be necessary or convenient for the conduct, safety, improvement, or preservation of the Airport;

3. For emergency purposes; and

4. In the exercise of the City’s police power.

B. No inspection by or on behalf of the City of the Premises shall cause or constitute a termination of this Agreement, or be deemed to constitute an interference with Lessee’s possession or use thereof.

18. RULES AND REGULATIONS; COMPLIANCE WITH LAWS. Lessee shall, at Lessee’s sole cost and expense, comply with all of the requirements of all city, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to Lessee’s possession and use of the Premises, and shall faithfully observe in the use of the Premises all city and county ordinances and state and federal statutes and regulations, now in force or which may hereafter be in force. Lessee’s possession and use of the Premises shall conform to all Airport rules and regulations and local building and fire codes.

19. HAZARDOUS MATERIALS.

A. Hazardous substances or materials include, but are not limited to:

1. Substances which are flammable, explosive, corrosive, radioactive, toxic;

2. Any material or substances defined as hazardous substances, hazardous materials, toxic substances, or hazardous wastes in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sections 9601, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901, et seq.), the Hazardous Waste Control Act (California Health & Safety Code Sections 25100, et seq.) the Hazardous Substance Account Act (California Heath Packet Pg. 169 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) & Safety Code Sections 25300, et seq.), California Health and Safety Code Section 25280, et seq., Hazardous Materials Release Response Plans and Inventory or the California Porter-Cologne Water Quality Control Act, (Water Code Sections 13000, et seq.), and all amendments to these laws and regulations adopted or publications promulgated pursuant to these laws;

3. Those asbestos-containing materials defined and described in Environmental Protection Agency Report No. 56/5-85-024 (June 1985) whether or not friable, or any related or successor report, or other applicable government regulations defined or describing such materials;

4. Pesticides as defined by Section 136(u) of FIFRA (7 U.S.C. Section 136) as may be present in soil or groundwater;

5. “Hazardous wastes” as defined in Section 25117 of the California Health and Safety Code, or as a chemical that is known to the State of California “to cause cancer or reproductive toxicity” under the Safe Drinking Waster and Toxic Enforcement Action of 1986, California Health and Safety Code Sections 25249.5, et seq.; and

6. Hazardous materials, substances or waste, or toxic materials, substances or waste as those terms or similar terms are defined by any other federal, state or local law or regulation or orders.

B. Lessee agrees to indemnify, protect, hold harmless, and defend City, its elected officials, officers, employees, agents and volunteers from and against any and all liability, including without limitation, (1) all foreseeable and unforeseeable consequential damages, directly or indirectly arising from the use generation, storage, or disposal of hazardous materials by Lessee, and (2) the cost of any required or necessary repair, cleanup or detoxification and the preparation of any closure or other required plans, to the full extent that such liability is attributable, directly or indirectly, to the presence of use, generation, storage, release, threatened release, or disposal of hazardous materials by Lessee, its officers, employees, agents and/or invitees on the Premises or Airport after the beginning of the term of this Agreement.

C. Lessee releases City from any and all claims Lessee may have against City of whatever kind or nature resulting from or in any way connected with the environmental condition of the Premises, including any and all claims Lessee may have against City under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), or any other federal, state, or local law, whether statutory or common law, ordinance, or regulation pertaining to the release of hazardous materials into the environmental from or at the Premises. Lessee expressly waives the benefits of Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
D. Lessee’s obligations under this Section shall survive termination or expiration of this Agreement.

Packet Pg. 170 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

20. SECURITY. Lessee shall completely secure the Premises to prevent unauthorized access to the secure side of the Airport at all times. Lessee shall defend, indemnify, hold harmless and pay any fines imposed upon the City by the Federal Aviation Administration (FAA), Department of Homeland Security (DHS), or Transportation Security Administration (TSA) for violations of security caused by actions of Lessee or its agents, employees, or invitees. Lessee shall pay such fine within thirty (30) days of written notice from the City of the obligation to pay the fine.

Failure to comply with the provisions of this Section is grounds for termination of this Agreement by the City.

21. FEDERAL REQUIREMENTS. To comply with Federal Aviation Administration requirements, Lessee and its officers, administrators, representatives, successors and assigns, as part of the consideration hereof, do hereby covenant and agree:

A. GENERAL CIVIL RIGHTS PROVISIONS: The “Lessee” agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the “Lessee” transfers its obligation to another, the transferee is obligated in the same manner as the “Lessee”.

This provision obligates the “Lessee” for the period during which the property is owned, used or possessed by the “Lessee” and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

B. CIVIL RIGHTS – TITLE VI ASSURANCE: Title VI of the Civil Rights Act of 1964, as amended, (Title VI) prohibits discrimination on the grounds of race, color, or national origin under any program or activity receiving Federal financial assistance.

Sponsors must include appropriate clauses from the Standard DOT Title VI Assurances in all contracts and solicitations.

C. SOLICITATION CLAUSE: The City of Redding, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

D. CLAUSE – CONTRACTS: During the performance of this contract, the Lessee, for itself, its assignees, and successors in interest (hereinafter referred to as the “Lessee”), agrees as follows:

1. Compliance with Regulations: The Lessee (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

Packet Pg. 171 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

2. Nondiscrimination: The Lessee, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Lessee will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Lessee for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Lessee of the Lessee’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Lessee will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Lessee will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Lessee’s noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Lessee under the contract until the Lessee complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

E. Incorporation of Provisions: The Lessee will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Lessee will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance.

Packet Pg. 172 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) Provided, that if the Lessee becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Lessee may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Lessee may request the United States to enter into the litigation to protect the interests of the United States.

F. CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY:

NOW, THEREFORE, the Federal Aviation Administration as authorized by law and upon the condition that the City of Redding will accept title to the lands and maintain the project constructed thereon in accordance with Executive Order 9689, for the Surplus Property Act of 1944, and the policies and procedures prescribed by the Federal Aviation Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S.

Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 USC § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Redding all the right, title and interest of the U.S. Department of Transportation/Federal Aviation Administration in and to said lands described in Exhibit A attached hereto and made a part hereof.

HABENDUM CLAUSE: TO HAVE AND TO HOLD said lands and interests therein City of Redding and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Redding, its successors and assigns.

The City of Redding, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed, (2) that the City of Redding will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended, and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department will have a right Packet Pg. 173 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the Federal Aviation Administration and its assigns as such interest existed prior to this instruction.

G. CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR
IMPROVED UNDER THE AIRPORT IMPROVEMENT PROGRAM:

A. The Lessee for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this Agreement for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the lessee will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, City of Redding will have the right to terminate the license and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the license had never been made or issued.

C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the City of Redding will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Redding and its assigns.

H. CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM: The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by City of Redding pursuant to the provisions of the Airport Improvement Program grant assurances.

A. The lessee for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does Packet Pg. 174 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) hereby covenant and agree as a covenant running with the land that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the lessee will use the premises in compliance with all other requirements imposed by or pursuant to the List of discrimination Acts And Authorities.

B. With respect to licenses, in the event of breach of any of the above nondiscrimination covenants, City of Redding will have the right to terminate the license and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said license had never been made or issued.

C. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, City of Redding will there upon revert to and vest in and become the absolute property of City of Redding and its assigns.

I. TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES: During the performance of this contract, the Lessee, for itself, its assignees, and successors in interest (hereinafter referred to as the “Lessee”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
 Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);  49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27;
 The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
 Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);
 The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, Packet Pg. 175 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);  Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;  The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);
 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

J. Lessee acknowledges that City is subject to Federal Grant Agreement obligations as a condition precedent to the granting of federal funds for improvements to the Airport, and, accordingly, Lessee agrees to, and agrees to be bound by, the following covenants provided by the Federal Aviation Administration as they may apply to Lessee.

A. Lessee for itself, its personal representatives, successors in interest and assigns, as a part of consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or otherwise operated on any areas occupied by Lessee and described in this Agreement for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Packet Pg. 176 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) Act of 1964, and as said Regulations may be amended.

B. Lessee for itself, its personal representatives, successors in interest and assigns, as a part of consideration hereof, does hereby covenant and agree that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in use of the facilities, (2) that in the construction of any improvements on, over, or under any areas by Lessee and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Lessee shall occupy and use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulations may be amended.

C. That in the event of breach of any of the above nondiscrimination covenants, the City shall have the right to terminate this Agreement and to reenter and repossess the land and the areas occupied by Lessee and the facilities thereon, and hold the same as if this Agreement had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

D. Lessee shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and shall charge fair, reasonable, and not unjustly discriminatory prices for each unit or service.

Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

E. Without limiting the generality of any other terms or provisions of this Agreement, non-compliance with subsection D above shall constitute a material breach thereof and in the event of such non-compliance the City shall have the right to terminate this Agreement and the estate hereby created without liability therefore or, at the election of the City or the United States, either or both Governments shall have the right to judicially enforce subsections A, B, C, and D.

F. Lessee agrees that it shall insert the above five (5) provisions, subsection A through E, in any agreement by which Lessee grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.

Packet Pg. 177 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) G. Lessee assures that it will comply with pertinent statues, executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from federal assistance. This section obligates Lessee or its transferee for the period during which federal assistance is extended to the Airport, except where federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, this subsection obligates Lessee or any transferee for the longer of the following periods: (a) the period during which the property is used by City or any transferee for a purpose for which federal assistance is extended, or for any purpose involving the provision of similar services or benefits; or (b) the period during which City or any transferee retains ownership or possession of the property. In the case of Lessees, this subsection binds the subsection binds the Lessees from the bid solicitation period through the completion of the contract.

H. Lessee agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work related to a grant or sub-grant.

I. Lessee agrees to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:

1. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

2. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

J. The City reserves the right, but shall not be obligated to Lessee to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard.

K. The City reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of Lessee and without interference or hindrance.

L. This Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the use, development, operation, security or maintenance of the airport, the Packet Pg. 178 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) execution of which is or may be required by the United States as a condition precedent to the grant or expenditure of federal funds for the Airport.

M. There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises herein leased. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on the Redding Regional Airport.

N. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.

O. Lessee, its officers, administrators, representatives, successors, and assigns will not erect nor permit the erection of any structure or object, nor permit the growth of any tree or vegetation on the Airport to a height above the mean sea level that would exceed Federal Aviation Regulations Part 77 standards or elevations affecting Airport navigable airspace. In the event the aforesaid covenants are breached, the City reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree or vegetation, all of which shall be at the expense of Lessee.

P. Lessee, its officers, administrators, representatives, successors and assigns will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from Redding Regional Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of Lessee.

Q. This Agreement and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Redding Regional Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency. Lessee agrees that this Agreement is subject to the ongoing jurisdiction of the United States of America and that if the provisions set forth in this Section 23 are altered, amended or changed in any way by an agency having jurisdiction over the Airport, the Lessee hereby agrees to amendment of this Agreement in order to adopt any such changes.

Packet Pg. 179 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

22. DAMAGE; DESTRUCTION.

A. If the Premises are so damaged or destroyed by fire, flood, earthquake, the elements, casualty, war, riot, public disorder, or any other cause not the fault of Lessee, its officers, employees, agents or invitees so as to render the entire Premises unusable for Lessee’s operations, the Lessee shall have the option to either repair the Premises or terminate this Agreement. In the event that the Lessee elects to terminate this Agreement, rent for the month in which the Premises are damaged shall be prorated and the unearned portion refunded to Lessee within three (3) days of the Lessee’s election to terminate this Agreement. Notwithstanding, Lessee shall bear the cost of removing all material, structures and improvements from the Premises and City may recover as a set-off to rent to be returned to Lessee pursuant to this subdivision or by any other means afforded to it in law or equity the cost of removing the same if Lessee does not do so within thirty (30) calendar days of City having deposited notice to Lessee of its obligation as set forth herein.” B. If the Premises are partially damaged or rendered partially unusable by fire, flood, earthquake, the elements, casualty, war, riot, public disorder, or any other cause not the fault of City, its officers or employees, City shall give the Lessee written notice of such damage, and if the Lessee does not commence repairs within thirty (30) calendar days from the date of the notice, City may elect to terminate this Agreement by giving written notice to the Lessee of City’s election to terminate this Agreement. If City elects not to terminate this Agreement, this Agreement shall continue in full force and effect except that the damage to the Premises shall be repaired by and at the expense of the Lessee and until such repair is substantially completed so that full use and occupancy of the Premises by Lessee is possible, the rent shall be apportioned according to the portion of the Premises which remains useable. If such repairs are not completed within one hundred eighty (180) calendar days from the date of the City’s notice of the damage, City may terminate this Agreement by giving Lessee written notice within ten (10) calendar days of the expiration of the one hundred eighty (180) calendar day period of the City’s election to terminate this Agreement.

23. DEFAULT.

A. The occurrence of any of the following shall constitute a material breach or default of this Agreement by Lessee:

1. Failure to pay any payment due under this Agreement when due, if the failure to pay continues for five (5) days after notice of the failure has been given to Lessee;

2. Failure to perform any other provision of this Agreement if the failure to Packet Pg. 180 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) perform is not cured within thirty (30) days after notice of the failure has been given to Lessee. If the breach or default cannot be reasonably cured within thirty (30) days, Lessee shall not be in breach or default of this Agreement if Lessee commences to cure the breach or default within the thirty (30) day period and diligently and in good faith continues to cure the default.

3. Failure to maintain current licenses, if any, required for the permitted operation.

4. Intentionally supplying the City with false or misleading information or misrepresenting any material fact on documents or in statements to or before the City and its employees, or the intentional failure to make full disclosure on a financial statement or other required documents.

B. Notices given under this section shall be made in writing, and shall specify the alleged breach or default, and shall demand that Lessee perform the provisions of this Agreement or pay the payment that is in arrears, as the case may be, within the applicable time period, or this Agreement is terminated. No such notice shall be deemed a forfeiture or a termination of this Agreement unless the City so elects in the notice.

C. The City, at any time after Lessee commits a breach or default of this Agreement, can cure the breach or default at Lessee’s cost. If the City, at any time, by reason of Lessee’s breach or default, pays any sum or does any act that requires the payment of any sum, the sum paid by the City shall be due immediately from Lessee to the City at the time the sum is paid, and if paid at a later date shall be subject to late fees and penalty charges as shown in the City’s then current Schedule of Fees and Charges.

The sum, together with the late fees or penalty charges, shall be an additional payment owed to the City pursuant to this Agreement.

24. CITY’S REMEDIES FOR DEFAULT.

A. Termination of Lease. Upon the occurrence of a default that is not timely cured by Lessee, the City may immediately terminate this Agreement and recover possession of the Premises. Once the City has terminated this Agreement, Lessee shall immediately surrender the Premises to the City. On termination of this Agreement, the City may recover from Lessee all of the following:

1. The worth at the time of the award of any unpaid rent that had been earned at the time of the termination, to be computed by allowing interest at the maximum amount of interest permitted by law;

2. Any difference in the rent owed going forward less the rent from a new tenant Packet Pg. 181 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) as multiplied by the number of months remaining on the term;

3. Any other amount necessary to reasonable compensate the City for all the detriment proximately caused by Lessee's failure to perform obligations under this Agreement, including brokerage commissions and advertising expenses, expenses of remodeling the Premises for a new Lessee (whether for the same or a different use), and any special concessions made to obtain a new Lessee; and

4. Any other reasonable amounts, in addition to or in lieu of those listed above, that may be permitted by applicable law.

B. Continuation of Lease in Effect: Upon the occurrence of a default that is not timely cured by Lessee, the City shall have the remedy described in Civil Code section 1951.4, which provides that, when a Lessee has the right to sublet or assign (subject only to reasonable limitations), the City may continue the lease in effect after the Lessee's breach and abandonment and recover rent as it becomes due. Accordingly, if the City does not elect to terminate this Agreement on account of any default by Lessee, the City may enforce all of the City's rights and remedies under this Agreement, including the right to recover all rent as it becomes due.

25. SURRENDER OF PREMISES. On the expiration, cancellation or termination of this Agreement, Lessee shall surrender possession of the Premise to City, deliver all keys to any locks on the Premises and make known to City the combination of any combination locks on the Premises. Lessee shall reimburse City for any damage done to the Premises caused by Lessee’s use of the Premises or Lessee’s actions or omissions other than normal wear and tear. Lessee shall remove all its personal property on or before the date of expiration, cancellation or termination of the Agreement.

26. ADMINISTRATION BY CITY. Whenever Lessee is required to secure the approval or consent of the City pursuant to this Agreement, the City shall mean the Airports Manager.

When the Mayor is signatory to this Agreement, the Airports Manager shall have authority to execute any amendment to this Agreement which does not decrease the amount of compensation allowable to City, or otherwise substantially change the nature or scope of the agreement provided herein.

27. VOLUNTEER ASSISTANCE. Under no circumstances will Lessee use City employees whom are on duty to perform work at the Premises. Under no circumstances will Lessee use City employees whom are off duty to perform work at the Premises if the nature of the work is substantially similar to the employee’s regular work duties for the City.

28. SIGNS. The size and location of signs, banners, flags, etc., located off of the Airport advertising the activities of Lessee shall be subject to the City’s sign ordinance (Redding Packet Pg. 182 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) Municipal Code Chapter 18.42.) The size and location of signs, banners, flags, etc., located on the Premises or at the Airport shall be subject to the prior written approval and control of the Airports Manager.

29. NOTICES. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender and personally delivered to the City or Lessee, or in lieu of such personal service, sent by United States mail, registered or certified, return receipt requested, or delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:

TO THE CITY:

City of Redding
Attn.: Airports Manager
6751 Woodrum Circle, #200
Redding, CA 96002
TO LESSEE:

Lessee Entity
Attn: Contact Name, Title
Address Line 1
City, State ZIP
Either party may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this section.

30. BINDING ON HEIRS AND SUCCESSORS. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this Agreement or any interest in the Agreement by Lessee except as provided in Section 13 of this Agreement.

31. ATTORNEY'S FEES. In any dispute between the City and Lessee, whether or not resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs, including without limitation, reasonable attorney’s fees. “Prevailing party” shall include without limitation, a party who dismisses an action for specific performance or for damages in exchange for sums allegedly due, performance for covenants allegedly breached or consideration substantially equal to the relief sought in the action, or which receives from the other party, in connection with any dispute, performance substantially equivalent to any of these.

32. HEADINGS AND REFERENCE AND WAIVER. The titles and headings in this Agreement are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Agreement must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.

33. NO PARTY DEEMED DRAFTER. In the event of a dispute between any of the parties Packet Pg. 183 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) hereto over the meaning of this Agreement, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code §1654 that contracts are construed against the drafter shall not apply.

34. CALIFORNIA LAW. This Agreement shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Agreement shall be governed by California law, and any action brought by either party to enforce any of the terms of this Agreement shall be filed in the Shasta County Superior Court.

35. TIME OF ESSENCE. Time is of the essence of this Agreement and of each and every provision therein.

36. ENTIRE AGREEMENT. This Agreement, which includes all exhibits attached hereto and incorporated by reference herein, contains all the representations and the entire understanding and agreement between the parties pertaining to the use of the Premises or any other matters connected therewith. All correspondence, memoranda, or oral or written agreements pertaining to the Premises or the parties hereto, which originated before the date of this Agreement are null, void and no longer in force and with no effect, and are replaced in total with this Agreement unless otherwise expressly stated in this Agreement.

37. MODIFICATION OF LEASE. This Agreement shall not be altered, amended, or modified except by a writing signed by City and Lessee.

38. SEVERABILITY. If any portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

39. AUTHORITY. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Facilities and Ground Lease on behalf of the respective parties to this Agreement, that they have full right, power and lawful authority to undertake all obligations as provided in this Agreement; and that the execution, performance and delivery of this Agreement by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Agreement.

40. DATE OF AGREEMENT. The date of this Agreement shall be the date it is signed by the City.

Packet Pg. 184 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center) IN WITNESS THEREOF, City and Lessee have executed this Agreement on the days and year set forth below.

CITY OF REDDING
Dated: _________________ , 2023 ____________________________________ By: MICHAEL DACQUISTO, Mayor
Attest: Approved as to Form:

BARRY E. DeWALT
City Attorney
______________________________ ____________________________________ PAMELA MIZE, City Clerk By:

LESSEE ENTITY
Dated: __________________ , 2023 ______________________________________ By: Lessee Signatory, Signatory Title
Attachments – Exhibit A, Property Description
Exhibit B, Legal Description
Packet Pg. 185 Attachment: RFP 5342 - Airport Development (4.2(a)--Approve Lease Agreement with Redding Jet Center)

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Redding City CouncilMay 21, 2024

Redding City Council
May 21, 2024