Agenda
Regular Meeting
Redding City Council
Council Chambers
777 Cypress Avenue
Redding, CA
July 16, 2024
6:00 PM
1. CALL TO ORDER - MAYOR TENESSA AUDETTE
A. Pledge of Allegiance
B. Invocation - Rev. Patrick A. Blewett, D.Min., Ph.D. Simpson University C. Roll Call
2. PRESENTATIONS
2A. Administer Oath of Office to City Council Member - Appointee Joshua Johnson.
Recommendation:
Informational item only.
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 and 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 July 16, 2024
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 Calend ar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered . It sh all 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 a nd place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation.
4.2(a). Authorize and approve the following actions:
(1) Adopt Resolution authorizing the City Manager, or designee, to submit three State of California Department of Housing and Community Development, Community Development Block Grant Mitigation Planning and Public Services Program grant applications in an aggregate amount not to exceed $2,650,000; and if awarded, execute the Agreement, any amendments and associated documents to complete the due diligence process, and allocate the grant funding;
(2) Find that applying for grant funding is not considered a project under the California Environmental Quality Act; and
(3) Find that applying for grant funding is exempt from review under the National Environmental Policy Act under Title 24 CFR 58.34(a)(3).
4.2(b). Authorize and approve the following:
(1) Conversion of the internal short-term loan between the City of Redding Housing and Community Development Division and Water, Wastewater, Redding Electric and Solid Waste Utilities to a long -term loan in the amount of $2,000,693.48 with a five-year term and annual payments; (2) Authorize the City Manager to sign the new Internal Loan Promissory Note and any other documents necessary for the loan conversion; (2) Find that a loan is not considered a project under the California Environmental Quality Act (CEQA). The actual construction of the project was previously reviewed for CEQA compliance; and (3) Find that a loan is exempt under the National Environmental Policy Act under Title 24 CFR 58.34(a)(3).
4.10(a). Authorize an internal loan for prepayment of the CalPERS unfunded liability payment for Fiscal Year 2024 -25 in the amount of $19,290,266 between Redding Electric Utility, Water, and Wastewater as funds allow to the following City of Redding Funds: General, Airports, Information Technology, Fleet Maintenance, Building Maintenance, Records Managements, Redding Municipal Utilities Administration, Geo graphic Information Systems, Communications, Reprographics, and Volunteer Services.
4.11(a). Accept update regarding the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project and, in ac cordance with Public Contrac t Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.
Redding City Council July 16, 2024
4.11(b). Authorize the Mayor to execute a Subdivision Agreement with S&J Development, Inc., and approv e the final map for Riverstone Subdivision (S - 2023-00582), thereby, instructing the City Clerk to file the map with the Shasta County Recorder.
4.11(c). Authorize the following actions relative to Bid Schedule No. 5463 (Job No. 3621) Flood Damage Repairs at Various Locations:
(1) Award to M5 Excavation in the amount of $443,115;
(2) Approve an additional $112,000 to cover the cost of administration and inspection fees; and $185,000 for project development costs; (3) Approve $45,000 to provide construction contingency funding; (4) Authorize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of $50,000;
(5) Adopt Resolution approving and adopting the 47th Amendment to Ci ty Budget Resolution No. 2023-060 appropriating an additional $49,720 in funding for the project.
4.11(d). Approve the sole source contract renewal agreement (C -5574), which includes the Master Services Agreement and the Order Form, with OpenGov, in a n ot to exceed amount of $324,163.98 over a three -year term beginning July 30, 2024 , through July 29, 2027, for the software subscription, maintenance, and support services for the City of Redding Public Works Utilities.
4.11(e). Authorize the Mayor to exe cute a Subdivision Agreement with Sierra Pacific Land and Timber Company, and approve the final map for Shastina Ranch Subdivision, Unit 6 (S -7-03/PD-5-04), thereby, instructing the City Clerk to file the map with the Shasta County Recorder.
RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.
Redding City Council July 16, 2024
6. PUBLIC HEARINGS
A court challenge to action taken by the City Council on any project or decision may be limited to only those issues raised dur ing the public hearing or in written correspondence delivered to the City Council during, or prior to, the public hearing.
Community Services
6.1. Public Hearings ( two) to consider adopting Resolutions regarding Landscape Maintenance Districts Annual Assessments for Fiscal Year 2024-25.
Recommendation:
Authorize the following related to Landscape Maintenance Districts (LMDs):
(1) Conduct a Public Hearing and, upon conclusion, adopt Resolution relative to LMDs A, B, and C authorizing the following:
(a) Confirming the maps of the assessment districts as contained in the Engineer’s Report for Fiscal Year 2024 -25 for LMDs A, B, and C; and
(b) Approving and confirming annual assessments and levy amounts shown for Fiscal Year 2024 -25 pursuant to the Landscaping and Lighting Act of 1972.
(2) Conduct a Public Hearing and, upon conclusion, adopt Resolution relative to LMDs authorizing the following:
(a) Confirming the maps of the assessment districts as contained in the Engineer’s Reports for LMDs D, E, F, G, H, H1, J, K, L, M , N, O, P, Q, R, S, S1, T, U, V, W, 01-06, 02-06, 03-06, 04-06, 05-06, 06-06, 07- 06, 08-06, 09-06, 11-06, 01-07, 02-07, 02-09, 03-09, 01-11, 02-11, 03- 11, 01-13, 02-14, 03-14, 01-15, 02-16, 03-16, 01-17, 01-19, 02-19, 01- 20 and 01-22; and
(b) Approving and con firming annual assessments and levy amounts shown for Fiscal Year 2024 -25 pursuant to the Landscaping and Lighting Act of 1972.
Public Works
6.2. Public Hearing to consider Resolution regarding Sanitary Sewer Maintenance District 01-07 Hope Lane and 01-19 Seven Bridges.
Recommendation:
Conduct a Public Hearing and, upon conclusion, adopt Resolution relative to Sanitary Sewer Maintenance Districts (SSMD) 01 -07 Hope Lane and 01 -19 Seven Bridges, authorizing the following:
(1) Confirming the map of th e assessment district as contained in the Engineer's Reports for SSMD 01-07 and SSMD 01-19; and
(2) Approving and confirming the annual assessments and ordering the levy amounts shown for Fiscal Year 2024 -25 pursuant to the Improvement Act of 1911, Chapter 26, Maintenance Districts, Streets and Highways Code Section 5820, et seq.
Redding City Council July 16, 2024
City Manager
6.3. Public Hearing to consider renewal of the Redding Tourism Marketing Business Improvement District.
Recommendation:
Conduct a Public Hearing and, upon co nclusion, if the total record of protests by the owners of lodging businesses within the proposed Redding Tourism Marketing Business Improvement District (RTMBID) is less than 50 percent of the estimated total assessment of the RTMBID:
(1) Adopt Resolution declaring the results of the majority protest proceedings and renewing the RTMBID until December 31, 2035; and
(2) Approve an Agreement for Services with the Redding Tourism Marketing Group for the period January 1, 2026 through December 31, 2035.
9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
Assistant City Manager
9.2(c). Oral report providing an update regarding the Redding Regional Airport.
Recommendation:
Informational item only.
11. COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
[A-050-060]
Information Only
12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS
FOR FUTURE CITY COUNCIL MEETINGS
13. ADJOURNMENT
Redding City Council July 16, 2024
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, 3 rd 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 t he 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 Reddi ng 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) 22 5-4447 or in person, or by mail at 777 Cypress Avenue, 3 rd 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 o therwise 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 st atutes 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 Av enue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Administer Oath of Office to City Council Member - Appointee Joshua Johnson.
MEETING DATE: July 16, 2024
ITEM NO. 2A
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 2A--Oath of Office for City Council Member - Appointee Joshua Johnson.
Sharlene Tipton, City Clerk
Packet Pg. 7
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Adopt Resolution authorizing the City Manager, or designee, to submit three State of California Departme nt of Housing and Community Development, Community Development Block Grant Mitigation Planning and Public Services Program grant applications in an aggregate amount not to exceed $2,650,000; and if awarded, execute the Agreement, any amendments and associated documents to complete the due diligence process, and allocate the grant funding;
(2) Find that applying for grant funding is not considered a project under the California Environmental Quality Act; and
(3) Find that applying for grant funding is exempt from review under the National Environmental Policy Act under Title 24 CFR 58.34(a)(3).
Fiscal Impact
Community Development Block Grant (CDBG) Mitigation (MIT) Planning and Public Services (PPS) grant funds require no match obligation. City of Redding (City) staff time coordinating resulting projects will be paid through the grant s as activity delivery - up to 20 percent of the award. The MIT-PPS Program grant request will be in an amount not to exceed $2.65 million.
There is no impact to the General Fund.
Alternative Action
The City Council could decline to adopt the resolution of the CDBG MIT-PPS Program and staff would not apply for the grant opportunity.
MEETING DATE: July 16, 2024
ITEM NO. 4.2(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.2(a)--Notice of Intent to Apply for State of California Housing and Community Development - Community Development Block Grant Mitigation Planning and Public Services Program Funding
Steve Bade, Assistant City
Manager
Packet Pg. 8
Report to Redding City Council July 10, 2024
Re: 4.2(a)--Notice of Intent to Apply for CDBG MIT PPS Grant Funding Page 2
Background/Analysis
The State of California Housing and Community Development is committed to he lping communities recover after disasters by administering special federal funds for mitigation purposes.
MIT-PPS Program funds are available to assist eligible local jurisdictions with mitigation-related planning and public services needs to support risk reduction from wildfire, flooding, and earthquake hazards. MIT-PPS funds may be used to create projects that address risks to community lifelines that support human health and safety and provide mitigation for individual and community-based systems. Staff proposes to apply for up to $2.65 million, and if awarded, complete two mitigation planning activities designed to lessen the future risk of wildfire and flooding and partner with multiple City departments to develop a community outreach program to educate the public on the City’s Community Wildfire Protection Plan.
Environmental Review
Applying for grant funding is not considered a project under the California Environmental Quality Act (CEQA). Any project that is developed will be reviewed for CEQA compliance once the details are known.
Under the National Environmental Policy Act, administrative and management activities such as applying for grant funding are considered exempt activities and no further action is required.
Council Priority/City Manager Goals
• Government of the 21 st Century - “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Resolution
Packet Pg. 9
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION
OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO
FROM THE 2023 -2024 FUNDING YEAR OF THE STATE CDBG
MITIGATION (CDBG -MIT) RESILIENT PLANNING AND PUBLIC
SERVICE (MIT-PPS) PROGRAM
BE IT RESOLVED by the City Council of the City of Redding as follows:
Section 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount of, not to exceed, $2, 650,000 for the following CDBG-MIT activities, pursuant to the 2017/2018 CDBG MIT-PPS, and MIT-RIP NOFA:
Activity (i.e. Public Services, Planning) Dollar Amount Being Requested for the Activity
Public Services $ 1,500,000
Planning $ 1,150,000
Section 2:
The City Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
Section 3:
The City Council hereby authorizes and directs the City Manager, or designee, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.
Section 4:
If an application is approved, the City Manager, or designee, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
Section 5:
If an application is approved, the City Manager, or designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
Packet Pg. 10
Attachment: ^Resolution [Revision 1] (4.2(a)--Notice of Intent to Apply for CDBG MIT PPS Grant Funding) I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 16th day of July, 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
STATE OF CALIFORNIA
City of Redding
I, Sharlene Tipton, City Clerk of the City of Redding, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolu tion adopted at a duly noticed and convened meeting of said City Council on July 16, 2024, and that such resolution has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
__________________________________________
Sharlene Tipton, City Clerk of the City of Redding,
State of California
By: ______________________________________
Name and Title
Packet Pg. 11
Attachment: ^Resolution [Revision 1] (4.2(a)--Notice of Intent to Apply for CDBG MIT PPS Grant Funding)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following:
(1) Conversion of the internal short -term loan between the City of Redding Housing and Community Development Division and Water, Wastewater, Redding Electric and Solid Waste Utilities to a long -term loan in the amount of $2,000,693.48 with a five-year term and annual payments;
(2) Authorize the City Manager to sign the new Internal Loan Promissory Note and any other documents necessary for the loan conversion;
(3) Find that a loan is not considered a project under the California Environmental Q uality Act (CEQA). The actual construction of the project was previously reviewed for CEQA compliance; and
(4) Find that a loan is exempt under the National Environmental Policy Act under Title 24 CFR 58.34(a)(3).
Fiscal Impact
The long -term internal l oan will not have a fiscal impact to the Water, Wastewater, Redding Electric and/or Solid Waste Utilities as interest paid will equal to the pooled -cash rate for the funds, presently a two -percent return, and will be compounded on a monthly basis . The long- term note is five-years with annual payments. The current balance of the loan is $2,000,693.48.
The Housing Division will utilize Successor Housing Agency or Affordable Housing Loan Funds to repay the loan. Using either of these funds will not impact other projects or activities.
Alternative Action
City Council (Council) may decline to approve the long -term internal loan as proposed and provide alternative direction to staff.
MEETING DATE: July 16, 2024
ITEM NO. 4.2(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.2(b)--Housing and Community Development Loan Conversion Steve Bade, Assistant City
Manager
Packet Pg. 12
Report to Redding City Council July 11, 2024
Re: 4.2(b)--Loan Conversion for Housing and Community Development Page 2
Background/Analysis
On April 21, 2020, Council approved a short -term internal loan that funded the temporary cash flow demands of the Housing Division for the Block 7 Project (Project) . The funds were borrowed from the Water, Wastewater, Electric, and Solid Waste Utilities and made available to the Housing Division to frontloa d project payments while the reimbursement request was being process by the California Department of Housing and Community Development Affordable Housing and Sustainable Communities Program grant.
The Project, now known as California Place Apartments, h as 79 total units , with 78 income qualifying units and one manager’s unit . California Place is fully leased with a 55 -year affordability covenant on the property . At the conclusion of construction, forecasted grant funds and revolving loan funds fell short of the obligated $7,862,000 pledged to the project. Therefore, a portion of the $4 million short-term loan was utilized to cover the project shortfall. With this in mind, the Housing Division is requesting that the current short-term loan be converted to a long- term note in the amount of $2,000,693.48 with a five-year loan repayment term.
Generally accepted Account Principles (GAAP) require receivables that are not available within 12 months to be classified as long -term. For internal loans this classif ication is Advances Receivable/Payable. In order to stay in compliance with GAAP, Finance has reclassed this loan from Interfund Receivable/Payable (short-term) to Advances to/from other funds (long -term) for fiscal year ending June 30, 2024.
Environmental Review
Refinancing a loan is not considered a project under the California Environmental Quality Act (CEQA). The actual construction of the project was previously reviewed for CEQA compliance.
Under the National Environmental Policy Act (NEPA), admini strative and management activities such refinancing a loan is considered an exempt activit y and no further action is required. The actual construction project was reviewed for NEPA requirements before the project started.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
04212020 Staff Report 4.10(a) Internal Loan
Packet Pg. 13
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the inte rnal loan of funds from the cash balances of Water, Wastewater, Redding Electric Utility (REU), and Solid Waste Utilities to accommodate cash flow needs of the Block 7 Downtown project, during construction, for a not to exceed amount of $4,000,000; and authorize the City Manager to execute the agreement.
Fiscal Impact
The internal loan will not have a fiscal impact other than the projected interest paid to t he funds loaning cash balances to the projects. Because the interest rate is the pooled-cash rate which is currently two-percent adjusted monthly, as noted in the February 2020 Treasurer’s Report ( Item 4(c)), and the loans are short-term in nature, impact will be minimal to the project.
Alternative Action
The City Council (Council) may decline to ap prove the internal loan , thereby impacting the ability of the project to meet cash flow demands, or provide alternative direction to staff.
Background/Analysis
Funding for th e Downtown Block 7 project is primarily from grants with a matching requirement. Grants are expenditure driven in that the project costs will need to be paid up front with reimbursement from the grants coming later. There are phases of the project where cash flow demand exceeds availability of funds until grant reimbursement occurs . The internal loan funds are intended to accommodate this temporary cash flow demand . T o keep costs down for the project, an internal loan makes sense for economic and efficiency reasons. This process charges interest at the pooled -cash rate which is often a lower rate than that of an outside commercial loan..
MEETING DATE: April 21, 2020
ITEM NO. 4.10(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.10(a)--Authorization for Internal Temporary Loans Allyn Feci Van Hooser,
Director of Finance/City
Treasurer
Packet Pg. 14
Attachment: 04212020 Staff Report 4.10(a) Internal Loan (4.2(b)--Loan Conversion for Housing and Community Development) Report to Redding City Council April 14, 2020
Re: 4.10(a)--Authorize Internal Temporary Loan Page 2
During the past two years, the Council has deliberated numerous times on the Block 7 project , most recently on September 30, 2019, when Council approved the Development Agreement (item 9.4(c)).
The loan will be made to the Housing Community Development Fund from the Water, Wastewater, Electric, and Solid Waste Utilites based on their audited cash balances at June 30, 2019. The allocation is as stated below:
Electric Utility Fund 56 %
Water Utility Fund 22 %
Wastewater Utility Fund 15 %
Solid Waste Utility Fund 7 %
The loan is short -term in nature. The period during which funds have been expended on the project and reimbursement is pending from the granting agency wil l be the duratio n when the funding is needed. As this is antic ipated to occur many times during the project, the loan will be utilized throughout the construction term of the project.
The Water, Wastewater, Solid Waste, and Electric funds making the loans will earn interest in accordance with outstanding loan balances calculated monthly at the pooled-cash rate adjusted monthly.
Council Priority/City Manager Goals
Budget and Financial Management – “Achieve balance and stable Ten Year Financial Plans for all funds.”
Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transp arency to improve public trust.”
Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract ne w ones, and encourage investment in the community.”
Attachments
Unsecured Promissory Note
Packet Pg. 15
Attachment: 04212020 Staff Report 4.10(a) Internal Loan (4.2(b)--Loan Conversion for Housing and Community Development)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize an internal loan for prepayment of the CalPERS unfunded liability payment for Fiscal Year 2024 -25 in the amount of $19,290,266 between Redding Electric Utility, Water, and Wastewater as funds allow to the following City of Redd ing Funds: General, Airports, Information Technology, Fleet Maintenance, Building Maintenance, Records Managements, Redding Municipal Utilities Administration, Geographic Information Systems, Communications, Reprographics, and Volunteer Services.
Fiscal Impact
The prepayment of the CalPERS unfunded liability (UAL) for Fiscal Year 2024-25 must be paid on or before July 31, 2024. The prepayment required for the Miscellaneous Plan is $15,753,022 and $11,918,114 for the Safety Plan. The total CalPERS UAL is $27,671,136 compared to $28,596,483 if monthly payments were made on the two plans, which would result in a savings of $925,347 for both plans. In order to prepay the CalPERS UAL the City of Redding (City) does not have adequate cash in some of the affect ed funds. This requires a loan from the funds who have adequate cash balances to absorb the prepayment.
There are various funds requiring a loan in order to prepay the respective portions of the UAL.
Each of these funds will begin repaying the loans to the lending funds on July 31, 2024, and will repay the loans with interest in its entirety by June 30, 2024. Interest on the loans will accrue at the same rate the City earns on its pooled cash. This rate is the same rate that would have been earned on the respective reserve balances and, therefore, will have no fiscal impact on the lending funds. The average pooled cash interest rate for Fiscal Year 2023 -24 was 2.78 percent.
Total interest for the loans is projected to be approximately $245,397 using the a verage pooled cash interest rate for Fiscal Year 2023 -24. Because the pooled cash rate adjusts monthly, actual results will vary.
MEETING DATE: July 16, 2024
ITEM NO. 4.10(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.10(a)--Approve internal loan between City funds to prepay the CalPERS Unfunded Liability
Greg Robinett, Director of
Finance/City Treasurer
Packet Pg. 16
Report to Redding City Council July 8, 2024
Re: 4.10(a)--Approve internal loan between City funds to prepay the CalPERS Unfunded Liability Page 2
For Fiscal Year 2024 -25 the savings to the General Fund will be approximately $549,346. After factoring the projected interes t cost for the loan of $208,980 the projected net savings to the General Fund would be $340,366. Organization wide, which includes the General Fund, the City will save $925,347 in amounts paid to CalPERS. After factoring the projected interest cost for the loan from R edding Electrical Utility (REU) of $245,397, the projected net savings organization wide would be $679,950.
Alternative Action
The City Council has the option to not approve the loan between the utility funds and several of the City’s other funds, including the General Fund. If the loan is not approved, the City would instead begin making monthly UAL payments to CalPERS which would ultimately incur additional cost to the City. If the City Council elected not to approve the REU loan for prepayment of CalPERS UAL, it would negatively impact the budget for all funds for Fiscal Year 2024-25.
Background/Analysis
Since Fiscal Year 2017-18 the City of Redding has prepaid the CalPERS UAL. The prepayment was made possible each year through a loan fro m REU to the various funds throughout the City.
Those funds were unable to prepay the amount due without the loan. The loans received from REU beginning in Fiscal Year 2017 -18 were repaid in full with interest. For Fiscal Year 2024 - 25, the City is again seeking an internal loan for the fiscal year that will be repaid with interest.
Due to the fact that REU is currently utilizing reserves for a variety of capital and deferred capital maintenance they are in the midst of a cash cycle where the reserves are decreasing. As a result, staff is recommending changing the loan process to utilize other enterprise/utility funds to provide the loan to the departments that cannot prepay their portion of the UAL. Staff will separate the loan based on available cash and ability to fund the loan for the duration of the fiscal year.
Environmental Review
This item is not a project as defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balance and stable 10 -year Financial Plans for all Funds.”
• Communication and Transparency – “Improve the quality and quantity of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Packet Pg. 17
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
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 Co de Section 22050(c)(1), make a determination by a four -fifths vote that there is a need to continue the emergency work.
Fiscal Impact
Project costs will be funded by the Wastewater, Water and Streets Divisions. The updated estimated total Placer Street Project (Project) cost of the repairs is $2,470,000.
Alternative Action
The City Council (Council) may choose not to accept the project status report and provide further direction to staff.
Background/Analysis
On May 7, 2024 , Council adopted an emerge ncy resolution for the project and authorized the negotiation of an emergency public works contract. Staff worked with Cox & Cox Construction (Contractor) to install PCMS reader boards at either end of the project area as well as distributed a public notice to notify community members of the upcoming construction. The contractor has received all of the necessary materials and coordinated with subcontractors to commence construction on July 15, 2024. Staff will continue to update Council as the project progresses.
The project proposes to replace substandard sewer pipe, associated infrastructure, failing asphalt concrete and other miscellaneous public health and safety work , on Placer Street and within the Magnolia Area Sewer Improvement Phase I project limits.
MEETING DATE: July 16, 2024
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(a)--Update Regarding Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Michael Webb, Public Works
Director
Packet Pg. 18
Report to Redding City Council July 3, 2024
Re: 4.11(a)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Page 2
Environmental Review
This action is not a project as defined by the California Environmental Quality Act (CEQA) and no further action is required. On Ma y 7 , 202 4, the Council determined that the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project is categorically exempt from environmental review under the CEQA Guidelines, per Section 15269(b)-Emergency Projects.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”
Attachments
Previous Staff Report
Packet Pg. 19
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to the Emergency Repair and Replace ment of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project (Project):
(1) Adopt Resolution, by not less than four -fifths affirmative vote, authorizing the City Manager to negotiate and award an emergency public works contract for the Project in an amount not to exceed $2,000,000;
(3) Authorize the City Manager , or designee, to approve construction contingency amounts up to a total of $300,000;
(4) Authorize the City Manage r, or designee, to approve construction management and inspection amounts up to a total of $175,000; and
(5) Find that the Project is exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15269(b) – Emergency Projects.
Fiscal Impact
The estimated Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project (Project) total cost is $ 2,475,000. These costs include construction, construction contingency and staff time for construction management and inspections. The project will be funded with remaining Magnolia Area Sewer Improvements Phase 1 funds. Including wit hheld retention, liquidated damages and uncompleted work items which is approximately $2,160,000. Supplemental funding of $315,000 will come from the Wastewater, Water and Streets Division’s Fiscal Year 202 3-24 budgets which have sufficient funds appropriated.
MEETING DATE: May 7, 2024
ITEM NO. 9.11(f)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 9.11(f)--Emergency Construction Contract to Repair and Replace Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Michael Webb, Public Works
Director
APPROVED
Packet Pg. 20
Attachment: Previous Staff Report (4.11(a)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt) Report to Redding City Council May 2, 2024
Re: 9.11(f)--Emergency Repair and Replace Substandard Sewer Pipe and Failing Pavement on Placer St. Page 2
Alternative Action
The City Council (Council) may choose to not authorize the award of an emergency contract, and instead have staff prepare plans and specifications to award a contract to the low bidder in accordance with state and local contr acting procedures . Or, Council could provide alterative direction to staff.
Background/Analysis
On April 1, 2024, Council voted to enter into a Contract Amendment, Settlement Agreement and Release with the contractor for the Magnolia Area Sewer Improvem ents Phase 1 project. This settlement agreement was partially due to the contractor’s refusal to make required repairs to substandard work done on the project. This substandard work has the potential to create public health and safety issues.
Staff has considered repackaging the project plans and specifications for bidding ; however, this process would likely require a minimum of six months in order to obtain an executed contract and ultimately provide a contractor with a notice to proceed. This timeline is unacceptable given the condition of the installed sewer infrastructure and would jeopardize being able to complete all the repair work , including re -paving Placer Street, prior to the onset of winter . In addition, current Magnolia Area Sewer Improvement Phase 1 project site conditions present potential impacts to public health, property and safety. Therefore, staff proposes an emergency contract to replace the substandard sewer pipe and associated infrastructure , failing asphalt concrete and minor associated public health and safety work on Placer Street and within Magnolia Area Sewer Improvements Phase 1 project limits . Staff estimates the work will be complete within four months of commencement of construction activities.
It is noted that the Public C ontract Code (PCC) (Section 20168) provides that the local government’s legislative body may pass a resolution by a four -fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health and property. Further, the P CC (Section 22050) provides that “in case of emergency, a public agency, pursuant to a four -fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate acti on required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts.”
It is in the public’s interest and necessity to repair the sewer system, pave Placer Street and repair or replace other associated minor items of work immediately to ensure protection of the public’s health, safety and personal property occurs.
The Resolution has been approved as to form by the City Attorney.
Environmental Review
Staff has determined that the project is exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15269(b) – Emergency Projects. Section 15269(b) includes emergency repairs to publicly and privately -owned service facilities neces sary to maintain service essential to the public health, safety, or welfare. The emergency repair and replacement will occur in areas of previous disturbance, and the repairs are necessary to maintain service essential to public health.
APPROVED
Packet Pg. 21
Attachment: Previous Staff Report (4.11(a)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt) Report to Redding City Council May 2, 2024
Re: 9.11(f)--Emergency Repair and Replace Substandard Sewer Pipe and Failing Pavement on Placer St. Page 3
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”
Attachments
^Resolution
^Location Map
^Notice of Exemption
APPROVED
Packet Pg. 22
Attachment: Previous Staff Report (4.11(a)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt) RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING TO
AUTHORIZE THE CITY MANAGER TO AWARD AN EMERGENCY
CONSTRUCTION CONTRACT TO REPAIR AND REPLACE SUB-
STANDARD SEWER PIPE AND FAILING ASHPHALT CONCRETE
PAVEMENT ON PLACER STREET
WHEREAS, Public Contract Code section 22050 and Redding Municipal Code 4.22.120(A) provide that, in the case of emergency, a public agency may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts; and
WHEREAS, on April 1, 2024, Council voted unanimously to enter into a Contract Amendment, Settlement Agreement and Release regarding the Magnolia Area Sewer Improvements – Phase I project; and
WHEREAS, portions of the underground sewer improvements constructed as part of the Magnolia Area Sewer Improvements – Phase I project were not constructed in accordance with the contract documents; and
WHEREAS, proper sewer infrastructure is critical to public health; and
WHEREAS, if not repaired immediately, the improperly installed sewer infrastructure has a high potential for failure during high-flow periods, winter, potentially ultimately causing significant disruptions in service, failures and damage to associated public and adjacent private infrastructure; and
WHEREAS, Placer Street is a primary arterial with moderate traffic volumes and the asphalt concrete pavement is in a failing condition as a result of longitudinal and transverse sewer trench pavement patches within the roadway section presenting a public safety concern; and
WHEREAS, a competitive solicitation for bids is anticipated to require six (6) months and would further delay the needed repairs to prevent sewer blockages, sink holes and further damage to the public and private infrastructure until 2025; and
WHEREAS, continued pavement failure and blockage of the sewer conveyance system would threaten the safety and property of roadway users and persons nearby; and
WHEREAS, isolation of the impacted area so that the delay due to competitive bidding could be accommodated would not mitigate or eliminate the threat to persons and property;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council of the City of Redding finds that the recitals set forth above are true and correct and are hereby adopted as findings of fact.
2. The public interest and necessity require the immediate expenditure of public money to restore the sewer conveyance system to full capacity, protect the public health, safety and welfare, and prevent further damage to the roadway.
APPROVED
Packet Pg. 23
Attachment: Previous Staff Report (4.11(a)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt)
3. The City Council of the City of Redding therefore authorizes the City Manager to award an emergency construction contract to repair the sewer system and roadway along Placer Street.
4. The action authorized herein shall be reviewed by the City Council at all regular meetings of the Council until such time as the City Council determines that the emergency is abated.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 7th 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
APPROVED
Packet Pg. 24
Attachment: Previous Staff Report (4.11(a)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt)
CITY OF REDDING
LOCATION MAP
MAGNOLIA AREA SEWER
IMPROVEMENTS - PHASE 1
EMERGENCY REPAIRS PUBLIC WORKS
DEPARTMENT
LOCATION
PROJECT
ORIGINAL
REPAIR AREA
EMERGENCY
APPROVED
Packet Pg. 25
Attachment: Previous Staff Report (4.11(a)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt)
APPROVED
Packet Pg. 26
Attachment: Previous Staff Report (4.11(a)--Update of Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Mayor to execute a Subdivision Agreement with S&J Development, Inc., and approve the final map for Riverstone Subdivision (S -2023-00582), thereby, instructing the City Clerk to file the map with the Shasta County Recorder.
Fiscal Impact
There will be cumulative impacts to the Public Works Department due to the increase in public street infrastructure requiring annual maintenance, especially the asphalt pavement . The project will generate an incremental increase in State of California gas -tax funds based on population and point-of-origin sales; however, the increase in these revenues falls short of the anticipated annualized maintenance cost.
In addition, there will be an incremental increase in the City of Redding (City) utility costs due to the additional infrastructure. Generally, except for the Storm-Drain Utility, sufficient revenue is generated by monthly use charges to offset any increase in annual maintenance costs. The Storm- Drain Utility is pressed with increasing requirements that current rates do not cover.
Alternative Action
The City Council (Council) may choose not to accept the improvements. Under this alternative, the City would be inconsistent with a long -standing policy of maintaining streets and infrastructure following the completion of the improvements in accordance with City standards.
Background/Analysis
The Riverstone Subdivision (S -2023-00582) was approved by the Planning Commission on December 12, 20 23. Attached is a map showing the subd ivision, which is located at 2980 Wyndham Lane.
MEETING DATE: July 16, 2024
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(b)--Approve Final Map and Execute Subdivision Agreement for Riverstone Subdivision (S-2023-00582)
Michael Webb, Public Works
Director
Packet Pg. 27
Report to Redding City Council July 3, 2024
Re: 4.11(b)--Final Map-Riverstone Subdivision Page 2
The developer, S&J Development, Inc., has submitted the final map and all other required data, which has been checked and approved by various City of Redding departments. Relevant subdivision map conditions of approval have been met with the exception of some portions of roadway conditions (placing asphalt concrete, striping, pouring curb/gutter/sidewalk, centerline monument survey, street name signs, utility manholes, street lights and valve grade adjustments).
The developer has agreed to the execution of a subdivision agreement, has committed to completing these conditions, and has submitted a related security in the amount of $1,859,161 for the remaining work. The developer has been informed that no occupa ncy permits will be granted for residences constructed on lots until all related subdivision agreement conditions have been met.
Environmental Review
On December 12, 2023, the Redding Planning Commission adopted the California Environmental Quality Act Mitigated Negative Declaration, the Mitigation and Monitoring Program, and approved Subdivision Map Application S -2023-00582. No further action is required.
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
^Location Map
Subdivision Agreement
Final Map
Performance Bond
Packet Pg. 28
Packet Pg. 29
Attachment: ^Location Map (4.11(b)--Final Map-Riverstone Subdivision)
SUBDIVISION AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF REDDING, a Municipal Corporation, hereinafter called Cit y, and S&J Development, Inc., hereinafter called Subdivider, both of whom understand and agree as follows:
RECITALS:
A. Subdivider has presented to City for approval a final subdivision map, hereinafter called Map, entitled:
Riverstone Subdivision
B. The Map has been filed with the City Clerk of City for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein;
C. Subdivider has requested approval of the Map prior to the construction and/or completion of improvements , including all streets, highways, or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision, hereinafter called Subdivision, designated on the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of Subdivision, which plans and specifications are now on file in t he office of the City Engineer:
D. This agreement is executed pursuant to the provisions of the S ubdivision Map Act of the State of California.
NOW THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the dedications or same thereof, therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner and furnish all required materials, all under the direction and to the satisfaction of City Engineer all of the following work and improvements within, and/or without, the Subdivision, to wit:
Tentative Subdivision Map S-2023-00582
Riverstone Subdivision
See Conditions of Approval
Streets and Circulation
6 thru 9
Grading, Utilities, & Drainage
10 thru 18
Packet Pg. 30
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Subdivision Agreement: Riverstone 2
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY
THIS REFERENCE
Subdivider shall also do all work and furnish all materials necessary in the opinion of the City Engineer and on his order to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by City Engineer which in his opinion are necessary or required to complete the work. The funding amount set forth in Exhibit “A” shall not be construed as a limitation on the subdivider’s obligation to fully construct the improvements.
2. Places and Grades to be Fixed by City Engineer
All of said work is to be done at the places, of the materials, in the manner and at the grades, all as shown upon the plans and specifications therefor heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer.
3. Time and Commencement and Performance
City hereby fixes the time for the commencement of said work on the 16th day of July, 2024, and for its completion to be within 360 calendar days of the date of commencement. Prior to the commencement of work hereunder Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Enginee r shall be able to provide services of inspection.
4. Occupancy
Pursuant to Section 17.26.010 of the Redding Municipal Code, occupancy of structures shall not be permitted until all public improvements associated with the subdivision have been duly accepted by City Council.
5. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the event good cause is shown therefor, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension.
6. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the Map which have been destroyed or dam aged, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by any combination of such owne rs. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of City Engineer.
Packet Pg. 31
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Subdivision Agreement: Riverstone 3
7. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the Map, a written statement signed by each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
8. Permits; Compliance with Law
Subdivider shall obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices, and pay all fees and taxes required by law.
9. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work of said improvement, or have a competent foreman or superintendent, satisfactory to City Engineer on the work at all times during progress, with authority to act for Subdivider.
10. Inspection by City
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City Engineer to all parts of the work, and to the shops wherein the work is in preparation.
Subdivider shall be liable for the payment of all inspection fees and other fees required by the City of Redding within thirty (30) days of invoice.
11. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish one of the following: (1) A bond or bonds in the sum of at least 100 percent of the estimated cost of the improvements remaining to be constructed, plus a contingency cost not to exceed 10 percent of the improvement costs, plus an estimated inflation factor based on the change in the Construction Cost Index over the averaged previous three years’ changes as published in the Engineering News Record, plus an additional amount of 50 percent of the estimated cost of improvements securing payment to the contractor, or (2) and instrument of credi t from an approved financial institution in the same amount, or (3) cash deposit in the same amount.
As to (1) or (2), both the issuer and the form shall be satisfactory to City Attorney.
12. Hold Harmless Agreement
Subdivider hereby agrees to, volunteers and shall, hold City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may aris e from Subdivider's or Subdivider's contractors; sub - contractors; agents; or employees' operations under this agreement, whether such operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents, and employ ees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows:
Packet Pg. 32
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Subdivision Agreement: Riverstone 4
a. That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider of any of the insurance policies described in paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall apply to all damages, fines, penalties, and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied, or approved of, plans and/or specifica tions for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
13. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider shall have obtained all insurance required under this paragraph and such insurance shall have been approved by Risk Manager as to form, amount, and carrier nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Subdivider shall procure and maintain for the duration of the agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this agreement by the subdivider, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
a. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), with limits no less than $1,000,000 per occurrence/$2,000,000 general aggregate for bodily injury, personal injury and property damage.
b. Insurance Services Offices form number CA 0001 (Ed. 1/87) covering Automobile Liability, owned, non-owned, and hired, with limits no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of Cali fornia, with statutory limits, and Employers’ Liability insurance, with limi ts no less than $1,000,000 per bodily injury or disease.
Deductibles and Self-Insurance Retentions
Any deductibles or self-insured retentions shall be declared to and approved by the City.
Packet Pg. 33
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Subdivision Agreement: Riverstone 5
Other Insurance Provisions
The general liability and automobile policies are to contain or be endorsed to contain the following provisions:
a. The City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of or in connection with the performance of this agreement by or on behalf of the subdivider; premises owned, occupied or used by the subdivider; and automobiles owned, leased, hired or borrowed by the subdivider. The coverage shall contain no special limitations of the scope of protecti on afforded to the City, its officers, officials, employees, and volunteers.
b. The S ubdivider’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the insurance of the subdivider and shall not contribute with it.
c. The subdivider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, e xcept with respect to the lim its of the insurer’s liability.
d. Each insurance policy required by this clause 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.
The Workers’ Compensation and Employers’ Liability insurance shall contain the Insurer’s waiver of subrogation in favor of the City, its officers, officials, employees, and volunteers.
Approval of the subdivider’s insurance by the City shall not decrease the extent to which the subdivider may be held responsible for payment of any and all damages resulting from subdivider’s performance under this agreement.
Acceptability of Insurers
Insurance is to be placed with insurers licensed to do business in the State of California and with a current A.M. Best’s rating of no less than A-:VII.
Verification of Coverage
The Consultant shall furnish the City with certificates of insurance and original endorsements effecting coverage required by this clause. The endor sements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City before approval of the agreement and work commences. The City reserves the right to request a certified copy of any or all policies at any time. The subdivider shall provide such Packet Pg. 34
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Subdivision Agreement: Riverstone 6
policies within thirty (30) days of such a request.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Sub divider or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the specifications referred to her ein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent.
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be considered to be, agents of City in connection with the performance of Subdivider's obligat ions under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the actual cost for all engineering, inspection, and other services furnished by City in connection with the Subdivision, plus the applicable overhead charge in effect at the time. City will furnish a statement of all charges for services performed by City upon request, and Subdivider shall complete payment of such charges within ten (10) days after receipt thereof. Said costs shall be paid in full by the Subdivider prior to acceptance by the City of the Map or improvements.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receive r should be appointed in the event of Subdivider's insolvency, or if Subdivider or any of Subdivider's contractors, subcontractors, agents, or employees should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion thereof, and default of Subdivider.
19. Breach of Agreement; Performance by Surety or City
In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however that if the Packet Pg. 35
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Subdivision Agreement: Riverstone 7
surety, within five (5) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of and utilize in completing the work, such materials, appliances, plant, and other property belonging to Subdivider as may be on the site of the work and necessary thereof.
20. Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to: City of Redding
shall be addressed as follows: 777 Cypress Avenue
Redding, California 96001
Notices required to be given to: Jeb Allen
shall be addressed as follows: S&J Development
2960 Innsbruck Drive
Redding, CA 96003
Notices of breach or default required to be given to: Marsh USA, Inc. shall be addressed as follows: 1301 Fifth Ave., Ste 1900 Seattle, WA 98101
Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
21. Interpretation
The laws of the State of California shall govern the interpretation of and the resolution of disputes under this Agreement. If any claim, at law or otherwise, is made by either party to this Agreement, 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, w ithout limitation, a party who dismisses an action for specific performance or for damages in exchange for sums allegedly due, performance for covenants allegedly breached for consideration substantially equal to the relief sought in the action, or which r eceives from the other party, in connection with any dispute, performance substantially equivalent to any of these.
22. Amendment of Agreement
This document, including any exhibits, contains the entire Agreement between the parties and supersedes whatever or al or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be altered, amended, or modified except by a writing signed by City and Subdivider.
Packet Pg. 36
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Subdivision Agreement: Riverstone 8
23. Enforcement of Agreement
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.
24. Disputes
In the event of a dispute between the parties hereto over the meaning of this Agreement, no party shall be deemed to have been the drafter hereof, and the principle of law that contracts are construed against the drafter shall not apply.
24. Effective Date
The effective date of this agreement shall be the date it is signed by the City.
Packet Pg. 37
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Subdivision Agreement: Riverstone 9
IN WITNESS WHEREOF, City and Developer have executed this Agreement on the days and year set forth below:
CITY OF REDDING,
A Municipal Corporation
Dated: , 2024
By
:
TENESSA AUDETTE, Mayor
Attest: Form Approved:
CHRISTIAN CURTIS
City Attorney
SHARLENE TIPTON, City Clerk By: CHRISTIAN CURTIS, City Attorney
Jeb Allen, S&J Development, Inc.
Dated: , 2024
By
:
Jeb Allen,
S&J Development, Inc. (Subdivider)
Packet Pg. 38
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Estimated Amount of Final Map Security
FOR
Riverstone Subdivision
ENGINEERING DIVISION
P.O. Box 496071
REDDING, CA 96049-6071
(530) 225-4170
Date: 6/3/2024
Original Construction Estimate:10-11-23 $1,169,286.75
Performance Security: Remaining work (provided by engineer) 1,096,850$ (work remaining to be completed)10% CONTINGENCY 109,685$
3.0% INFLATION 32,906$
Performance Security 1,239,441$
Payment Security: Payment Security 619,720$
(50% of Perf. Security)
TOTAL SECURITY 1,859,161$
Calc'd By: Kyle A. Jones
Construction Manager
(530) 225-4181
[email protected]
Calculated using Prelim. Engineer's
Estimate from SDS, dated 5-31-24
Riverstone Security Calcs Page 1
EXHIBIT "A"
Packet Pg. 39
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) EXHIBIT "A"
Packet Pg. 40
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) EXHIBIT "A"
Packet Pg. 41
Attachment: Subdivision Agreement (4.11(b)--Final Map-Riverstone Subdivision) Packet Pg. 42
Attachment: Final Map (4.11(b)--Final Map-Riverstone Subdivision) Packet Pg. 43
Attachment: Final Map (4.11(b)--Final Map-Riverstone Subdivision) Packet Pg. 44
Attachment: Final Map (4.11(b)--Final Map-Riverstone Subdivision) Packet Pg. 45
Attachment: Final Map (4.11(b)--Final Map-Riverstone Subdivision) Packet Pg. 46
Attachment: Final Map (4.11(b)--Final Map-Riverstone Subdivision) Packet Pg. 47
Attachment: Final Map (4.11(b)--Final Map-Riverstone Subdivision) Packet Pg. 48
Attachment: Performance Bond (4.11(b)--Final Map-Riverstone Subdivision) Packet Pg. 49
Attachment: Performance Bond (4.11(b)--Final Map-Riverstone Subdivision) Packet Pg. 50
Attachment: Performance Bond (4.11(b)--Final Map-Riverstone Subdivision)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to Bid Schedule No. 5463 (Job No. 3621) Flood Damage Repairs at Various Locations:
(1) Award to M5 Excavation in the amount of $443,115;
(2) Approve an additional $112,000 to cover the cost of administration and inspection fees; and $185,000 for project development costs;
(3) Approve $45,000 to provide construction contingency funding; (4) Authorize the City Manager to approve addi tional increases in either the construction management or construction contingency amounts up to a total of $50,000; (5) Adopt Resolution approving and adopting the 47th Amendment to City Budget Resolution No. 2023-060 to appropriate an additional $49,720 in funding for the project.
Fiscal Impact
The Flood Damage Repairs at Various Locations (Project) is being funded by a Public Assistance and California Disaster Assistance Act (CDAA) grant through the Federal Emergency Management Agency (FEMA) for damage from severe storms and flooding that occurred in 2017. The anticipated reimbursement from the grant is 93.75 percent of the total project cost; 75 percent from FEMA, and 18.75 percent from the California Governor’s Office of Emergency Services (Cal-OES). The City of Redding (City) is responsible for the remaining 6.25 percent as the local share. Costs will initially be funded with reserves until reimbursements from FEMA and Cal OES are received.
On May 2, 2018, the City was awarded $736,315 from Cal -OES for the purpose of completing this project. The total authorized project cost was $785,403. In a staff report on February 5, 2019, staff sought permission to appropriate $736,310 in grant funds and $49,090 in City funds to complete the project.
MEETING DATE: July 16, 2024
ITEM NO. 4.11(c)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(c)--Award Bid Schedule No. 5463 (Job Order No. 3621) Flood Damage Repairs at Various Locations, Accept Grant Funds and Adopt Resolution Appropriating Funds Michael Webb, Public Works
Director
Packet Pg. 51
Report to Redding City Council July 9, 2024
Re: 4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations Page 2
The tot al project cost has increased from the time of the original award. The new estimated project cost is $835,115 for a total increase of $49, 720. FEMA will obligate the additional funds relating to their match of $ 37,284 during the project closeout process. Cal-OES will also contribute their additional $9,328 in concurrence with the increases from FEMA. Leaving an additional $3,108 required City match, which will be covered using the General Fund. The project closeout process requires all documents to be provi ded supporting the new total within the eligible scope of work.
Project costs are summarized in the following table:
Cost Summary
Item Estimated
Project Development Costs $185,000
Construction Contract + Contingency $488,115
Contract Administration, Inspection, Testing $112,000
Additional City Manager Authority $50,000
Total Project Costs $835,115
Project cost components are estimates and some shifting of the project development, construction management, and construction contingency funds may be necessary to balance the project within the approved budget.
Alternative Action
The City Council may choose not to award the bid for the project and provide staff with alternate direction. This option could prevent crucial repairs for the City’s parks and trails.
Background/Analysis
Severe storms and flooding in the winter of 2017 caused significant damage at various locations throughout the City, including areas within the Turtle Bay East Regional Park, the Parkview Riverfront Park and Trails, the Bl ue Gravel Mine Trail, and along Churn Creek at the west end of the Enterprise Community Park. T his project will repair damages to these noted areas that generally include: erosion, debris buildup, and damage to culverts, pavement, concrete, and fencing.
On March 17, 2017, through Declaration 4301, FEMA announced that federal disaster assistance was available to the State of California to supplement state, tribal, and local recovery efforts in the areas affected by the severe winter storms, flooding, and mudslides. Following the disaster declaration, staff worked closely with Cal OES and FEMA to develop scopes of work for the necessary repairs and in the spring of 2018 , the City received a funding obligation from FEMA (FEMA PW 0936) for this project.
In February 2020 , a request for proposal was awarded to Jacobs Engineering Group (Jacobs), Contract C -8445, to provide engineering consulting and environmental services for the City’s FEMA related projects . Jacobs prepared the design and assisted with the extensive environmental permitting required for the project. In general, the repair work includes removing sediment and debris in and around culverts, placing rock slope protection, replacing trail materials or fill in areas where erosion occurred, replacing culverts, extending culverts to mitigate future damage, and removing and replacing damaged fencing.
Packet Pg. 52
Report to Redding City Council July 9, 2024
Re: 4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations Page 3
Attached is a tabulation of bids received and opened on June 20, 2024, for construction of the Project. The low bid in the amount of $ 443,115 was received from M5 Excavation, of Redding, California. The engineer's estimate was $ 306,872. Total project development costs for this project are estimated to be $ 185,000. Project development costs include engineering, grant applications and management, surveying , r ight-of-way, extensive environmental permitting, consultant services, and permit fees.
Environmental Review
On December 20 , 2022, City Council adopted the Mitigated Negative Declaration and the Mitigation Monitoring and Environmental Commitment Program; and approve d the Flood Damage Repair Project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074. In April 2018 F EMA determined that project is Categorically Excluded under National Environmental Policy Act , pursuant to Catex Category Code n4 – Federal Assistance for Actions Involving Stream Work. No further action is required.
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
^Location Map
^Bid Tabulation
Previous Staff Report 12-20-22
Previous Staff Report 09-01-20
Resolution No 47
Packet Pg. 53
CITY OF REDDINGLOCATION MAPFLOOD DAMAGE REPAIRSAT VARIOUS LOCATIONSPUBLIC WORKSDEPARTMENT
SACRAMENTO RIVER
HARTNELL AVEVICTOR AVEE CYPRESS AVE
CHURN CREEK RDBECHELLI LN
E CYPRESS AVES MARKET STBUENAVENTURA
PLACER STEUREKA WAYSTATE HWY 44OLD ALTURAS RDINTERSTATE 5
S BONNYVIEW RD
HILLTOP DR
RANCHO RD
PROJECTLOCATIONS
SACRAMENTO RIVER
BLVD
ENTERPRISEPARKSTATE HWY 273
Packet Pg. 54
Attachment: ^Location Map (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) BID TABULATION FOR:
FLOOD DAMAGE REPAIRS AT VARIOUS LOCATIONS
Bid Schedule No.: 5463
ENGINEER'S EST Giles Excavating & Paving
6/20/2024 UNIT UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Water Pollution Control LS 1 $15,000.00 $15,000.00 $16,000.00 $16,000.00 $25,336.00 $25,336.00 $24,000.00 $24,000.00 2 Contractor Supplied Biologist LS 1 $20,000.00 $20,000.00 $95,000.00 $95,000.00 $79,750.00 $79,750.00 $98,000.00 $98,000.00 3 Fence (Temporary, Type ESA) LS 1 $5,000.00 $5,000.00 $5,500.00 $5,500.00 $13,863.00 $13,863.00 $3,500.00 $3,500.00 4 Construction Area Signs EA 16 $600.00 $9,600.00 $500.00 $8,000.00 $303.00 $4,848.00 $650.00 $10,400.00 5 Traffic Control and Public Safety LS 1 $30,000.00 $30,000.00 $1,200.00 $1,200.00 $23,595.00 $23,595.00 $5,000.00 $5,000.00 6(F) Imported Fill CY 1111 $78.00 $86,658.00 $37.00 $41,107.00 $67.00 $74,437.00 $100.00 $111,100.00 7(F)
Rock Slope Protection (500 lb
Class) CY 79 $167.00 $13,193.00 $495.00 $39,105.00 $398.00 $31,442.00 $439.00 $34,681.00 8(F)
Rock Slope Protection (Facing
Class) CY 14 $130.00 $1,820.00 $495.00 $6,930.00 $682.00 $9,548.00 $775.00 $10,850.00 9(F)
Concreted Rock Slope Protection
(500 lb Class) CY 25 $335.00 $8,375.00 $1,052.00 $26,300.00 $1,645.00 $41,125.00 $1,200.00 $30,000.00 10(F) Concreted Rock Slope Protection CY 8 $256.00 $2,048.00 $1,052.00 $8,416.00 $2,920.00 $23,360.00 $1,200.00 $9,600.00 11(F) Disintegrated Granite CY 50 $240.00 $12,000.00 $1,573.00 $78,650.00 $990.00 $49,500.00 $1,000.00 $50,000.00 12 Asphalt Concrete TON 3 $535.00 $1,605.00 $2,167.00 $6,501.00 $1,285.00 $3,855.00 $2,600.00 $7,800.00 13 Storm Drain (18" CMP) LF 78 $180.00 $14,040.00 $308.00 $24,024.00 $270.00 $21,060.00 $370.00 $28,860.00 14 Down Drain (24" CMP) LF 150 $300.00 $45,000.00 $242.00 $36,300.00 $167.00 $25,050.00 $155.00 $23,250.00 15 Fence (6' Chain Link) LF 200 $70.00 $14,000.00 $70.00 $14,000.00 $73.00 $14,600.00 $80.00 $16,000.00 16 Fence (6' Chain Link, Barbed) LF 276 $76.00 $20,976.00 $73.00 $20,148.00 $77.00 $21,252.00 $80.00 $22,080.00 17 Cold Plane PCC SY 47 $75.00 $3,525.00 $20.00 $940.00 $233.00 $10,951.00 $165.00 $7,755.00 18 Clean Existing Culvert LF 42 $96.00 $4,032.00 $357.00 $14,994.00 $99.00 $4,158.00 $150.00 $6,300.00 TOTAL - CONTRACT ITEMS $306,872.00 $443,115.00 $477,730.00 $499,176.00 M5 Excavation Axner Excavating, Inc
Shaded areas indicate corrections made in accordance with the Special Provisions. Page 1 of 2Packet Pg. 55 Attachment: ^Bid Tabulation (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) BID TABULATION FOR:
FLOOD DAMAGE REPAIRS AT VARIOUS LOCATION
Bid Schedule No.: 5463
6/20/2024
ITEM DESCRIPTION UNIT QTY
1 Water Pollution Control LS 1
2 Contractor Supplied Biologist LS 1
3 Fence (Temporary, Type ESA) LS 1
4 Construction Area Signs EA 16
5 Traffic Control and Public Safety LS 1
6(F) Imported Fill CY 1111
7(F)
Rock Slope Protection (500 lb
Class) CY 79
8(F)
Rock Slope Protection (Facing
Class) CY 14
9(F)
Concreted Rock Slope Protection
(500 lb Class) CY 25
10(F) Concreted Rock Slope Protection CY 8
11(F) Disintegrated Granite CY 50
12 Asphalt Concrete TON 3
13 Storm Drain (18" CMP) LF 78
14 Down Drain (24" CMP) LF 150
15 Fence (6' Chain Link) LF 200
16 Fence (6' Chain Link, Barbed) LF 276
17 Cold Plane PCC SY 47
18 Clean Existing Culvert LF 42
TOTAL - CONTRACT ITEMS
Sunrise Excavating Inc Averages
UNIT UNIT UNIT UNIT
PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE
$28,166.94 $28,166.94 $18,000.00 $18,000.00 $55,000.00 $55,000.00 $27,750.49 $100,100.00 $100,100.00 $50,000.00 $50,000.00 $90,000.00 $90,000.00 $85,475.00 $7,441.20 $7,441.20 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,717.37 $454.80 $7,276.80 $400.00 $6,400.00 $500.00 $8,000.00 $467.97 $4,784.00 $4,784.00 $5,000.00 $5,000.00 $75,000.00 $75,000.00 $19,096.50 $79.69 $88,535.59 $125.00 $138,875.00 $150.00 $166,650.00 $93.12 $507.18 $40,067.22 $490.00 $38,710.00 $650.00 $51,350.00 $496.53 $500.95 $7,013.30 $595.00 $8,330.00 $650.00 $9,100.00 $616.33 $1,460.37 $36,509.25 $1,850.00 $46,250.00 $1,700.00 $42,500.00 $1,484.56 $530.75 $4,246.00 $870.00 $6,960.00 $1,700.00 $13,600.00 $1,378.79 $1,962.48 $98,124.00 $1,785.00 $89,250.00 $500.00 $25,000.00 $1,301.75 $2,478.67 $7,436.01 $2,285.00 $6,855.00 $2,000.00 $6,000.00 $2,135.95 $83.20 $6,489.60 $805.00 $62,790.00 $700.00 $54,600.00 $422.70 $21.63 $3,244.50 $370.00 $55,500.00 $700.00 $105,000.00 $275.94 $96.30 $19,260.00 $60.00 $12,000.00 $80.00 $16,000.00 $76.55 $78.62 $21,699.12 $63.00 $17,388.00 $100.00 $27,600.00 $78.60 $79.66 $3,744.02 $125.00 $5,875.00 $250.00 $11,750.00 $145.44 $438.04 $18,397.68 $260.00 $10,920.00 $100.00 $4,200.00 $234.01 $502,535.23 $584,103.00 $766,350.00 $545,501.54
Zeis Construction
Stimpel-Wiebelhaus
Associates Inc
Shaded areas indicate corrections made in accordance with the Special Provisions. Page 2 of 2Packet Pg. 56 Attachment: ^Bid Tabulation (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to the Flood Damage Re pair Project within City of Redding park and trail areas:
(1) Adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Environmental Commitment Program; and
(2) Approve the Flood Damage Repai r Project as described, there by satisfying the requirements of the California Environmental Quality Act Guidelines §15074.
Fiscal Impact
Approval of the Flood Damage Repair Project (Project) along wit h adoption of the Mitigated Negative Declaration (MND) and the Mitigation Monitoring and En vironmental Commitment P r o g r a m ( M M P ) a l l o w s t h e p r o j e c t to move toward the final desig n and construction phases.
There is no fiscal impact as a direct result of adopting the MN D and MMP and approving the project.
The City of Redding (City) has received funding assistance from t h e F e d e r a l E m e r g e n c y Management Agency (FEMA) for pub lic assistance project PA-09-CA -4301-PW-00936. FEMA has obligated approximately $589, 052 for delivery of this proje ct to date, but will provide funding for actual costs expended. Actual project costs are sha red by FEMA (75%), State of California (State) (18.75%) and the City (6.25%), and expected to be approximately $785,403.
Alternative Action
The City Council (Council) may choose to not adopt the MND and the MMP, and not approve the project as described. This project would not be able to pro ceed without the approval of these documents, as it would not be in compliance with the California Environmental Quality Act (CEQA) guidelines.
MEETING DATE: December 20, 2022
ITEM NO. 4.11(d)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4.11(d)--Approval of the Flood Damage Repair Project Chuck Aukland, Public
Works Director
Packet Pg. 57
Attachment: Previous Staff Report 12-20-22 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) Report to Redding City Council December 14, 2022
Re: 4.11(d)‐‐Approval of the Flood Damage Repair Project Page 2
Background/Analysis
In January 2017, heavy rains and severe flooding caused water t o overtop embankments along the Sacramento River, which damaged various parks and trails. T he City sought funding assistance from FEMA and developed multiple projects to repair the storm damage.
The project consists of 12 work s ites, located in four recreati onal areas: Turtle Bay East, Parkview Park, Blue Gravel Mine Trail, and Enterprise Park. The project will repair seating and viewing areas; as well as trail surfaces, trail embankments, an d culverts. Work will include vegetation removal, demolition, excavation, grading, sediment removal, culvert cleaning, erosion repair, culvert inst allation, and placement of rock slope prote ction. Work will occur on City property or within easements. Co nstruction is anticipated to ta ke one season and will be completed in the fall of 2023. The project is needed so that pe destrians and bicyclists can continue to use the park and trail areas for recreation purposes.
An Initial Study (IS) was prepared to satisfy the requirements of the CEQA. It describes why the project is being proposed and the potential impacts to the exis ting environment. The IS shows t h a t t h e p r o p o s e d p r o j e c t c o u l d have a significant effect on bi ological resources, but with implementation of mitigation measures, those impacts will be re duced to a level considered less than significant. The mitigation measures and conservation meas ures to be implemented are common practices and include, but are not limited to, biologica l pre-construction surveys, in- water work windows, water quality monitoring, impact minimizati on, exclusionary fencing, and erosion control.
Based on the conclusions made in the IS, an MND was prepared. T he MND describes the project, including mitigation measures, and makes the determina tion that there will be no significant effect on the environment provided that the defined mitigation measures are implemented as part of the project. In addition, an MMP has bee n written and incorporated into the MND (CEQA Section 21081.6). The MMP will be used by City st aff, contractors, agencies, and monitoring personnel during an d after the project to ensure effective implementation of the adopted mitigation measures outlined in the MND.
The IS/MND/MMP documents were sent to the State Clearinghouse f or a 30-day public review period and distribution to pertinent state agencies. They were sent to local resource agencies, the Shasta County Clerk, and posted on the Public Works Department website. A public notice was also sent to landowners in the vi cinity of the project and post ed in the local newspaper. One comment letter was received during the public review period.
Environmental Review
The City of Redding is the lead agency for the project pursuant to CEQA. As the lead CEQA agency, the Council is authorized to adopt the MND per Redding Municipal Code Section §18.24.070.E and state law. Upon adoption of the MND and approv al of the project by the Council, a Notice of Determinatio n will be filed with the Shast a County Clerk’s Office and the State Clearinghouse, which will complete the environmental revi ew process. The IS/MND is available in the Public Works Department and is currently avail able online at https://www.cityofredding.org/departments/public-works/environmental-management.
Packet Pg. 58
Attachment: Previous Staff Report 12-20-22 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) Report to Redding City Council December 14, 2022
Re: 4.11(d)‐‐Approval of the Flood Damage Repair Project Page 3
On September 29, 2020, FEMA determined that the project activit ies are Categorically Excluded pursuant to Category Code N4 (Fed eral Assistance for Actions In volving Stream Work and Modification and Floodways) as it relates to the National Envir onmental Policy Act of 1969, as amended.
Council Priority/City Manager Goal
This agenda item is a routine operational item.
Attachments
^Mitigated Negative Declaration
^Mitigation Monitoring and Environmental Commitment Program ^Location Map
FEMA NEPA Determination
Mitigated Negative Declaration
Packet Pg. 59
Attachment: Previous Staff Report 12-20-22 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution approving the 53rdAmendment to City Budget Resolution No. 2019- 050 appropriating $ 1,413,820 for design, engineering, permitting, and construction work for three obligated and one pending Federal Emergency Management Agency ( FEMA) projects for repairs to trails and parks damagedby the 2017 flooding event.
Fiscal Impact
Three additional 2017 flood project scopeshave been obligated by FEMA to proceed to design, environmental, and construction - PW935, PW990, and PW991 ( see attached project summary).
The final pending claim, PW1119, has been tentatively approved and is undergoing final review at FEMA. The total estimated cost of these projects through construction is $ 1,413, 820, which will initially be funded with reserves. For these projects, the anticipated reimbursement is 93.75 percent of the total project cost; 75 percent from FEMA, and 18.75 percent from the California Governor’ s Office of Emergency Services ( Cal- OES). The City of Redding ( City) is responsible for the remaining 6.25 percent estimated at $88,364 as the local share. The projects will only proceed after FEMA clearance is confirmed.
Alternative Action
The Council may decline to adopt the resolution to fund the flood recovery projects. This option would prevent crucial repairs to City trails and parks including Lake Redding Park and the Sacramento River Trail from being completed and prevent the City from receiving reimbursement for recovery activities. The Council may provide alternate direction.
MEETING DATE: September1, 2020
ITEM NO. 4.6(a)
FROM:
APPROVED BY***
kniemer@cityofredding. org btippin@cityofredding. org
SUBJECT: 4.6(a)-- Adopt Resolution for FEMA Flood Claim Funding Kim Niemer, Community
Services Director
Packet Pg. 60
Attachment: Previous Staff Report 09-01-20 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) Report to Redding City Council August 24, 2020
Re: 4.6(a)--Adopt Resolution for FEMA Flood Claim Funding Page 2 Background/ Analysis
On April 2, 2017, through Declaration 4301, FEMA announcedthat federal disaster assistance was available to the State of California to supplement state, tribal, and local recovery efforts in the areas affected by severe winter storms, flooding, and mudslides from February 1 to February 23, 2017. With record amountsof rain falling in the North Stateand high outflows from Keswick and Shasta Dams, the parks and trails along the Sacramento River and its tributaries sustained significant damage.
On February 5, 2019, the Council authorized a budget resolution for the first three of seven projects including repairs to damaged trails at Turtle Bay East, Blue Gravel Trail Buenaventura/Teton), and Enterprise Park; construction of culverts at Lake Redding Park; and asphalt replacement on several portions of the Sacramento River Trail.
Below is a history of the FEMA Flood Projects since the February 2019 Council meeting:
March 2019 – Received FEMA approval to withdraw PW938 from the FEMA Flood claim due to a location conflict with one of the four bridges along the Sacramento River Trail destroyed during the CARR Fire. The bridge was replaced under the CARR Fire claim.
February 2020 – Request for Proposal ( RFP) was awarded to Jacobs Engineering Group for design and environmental engineering. Work is currently underway under contract C- 8445.
April 2020 – PW991 Site V, Carter Creek Spillway, was changedto an alternate project PW1119). The estimated FEMA award was determined to be insufficient to repair the site due to requirements from environmental agencies. The department anticipates using the award to fund the replacement of a tenth bridge (only remaining bridge and upgrade to fire resistant standards) on Buenaventura - 10 Bridges Trail damaged during the CARR Fire.
June-July 2020 – Received fund obligations from FEMA for three outstanding projects and a tentative obligation notice for the final project, under final FEMA review.
August 2020 – Parks staff completed work for PW940 removing debris and sediment, and replacing rip rap protection at six locations on the Sacramento River Trail.
The attached list describes details of all the FEMA projects pertaining to the 2017 flood disaster including cost estimates provided for the work to be performed. Once FEMA approves the project scope, the reimbursement is based on actual costs. City staff continues to work closely with Cal-OES and FEMA representativesto ensuresuccessfulcompletion of the projects through reimbursement.
When the environmental review and design work is complete, a public works bid for construction will be advertised, evaluated, and awarded. The estimated final construction completion date is August 2021, pending permitting and FEMA project approval.
Packet Pg. 61
Attachment: Previous Staff Report 09-01-20 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) Report to Redding City Council August 24, 2020
Re: 4.6(a)--Adopt Resolution for FEMA Flood Claim Funding Page 3 Council Priority/ City Manager Goals
Public Safety – “ Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Communication and Transparency – “ Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Attachments
FEMA Flood Project Tracking
Resolution
Packet Pg. 62
Attachment: Previous Staff Report 09-01-20 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) Cityof Redding
ProjectWorksheetTrackingReport - FEMA - 4301
Updated: August20, 2020
Project
Worksheet
Number
DamagedFacilityLocation & ScopeDescription FEMA/CalOES
Share (93.75%)
CORShare
6.25%)
Total Project
Amount (100%) Notes/Status
PW-00935
8 variousSRTlocations) Replacedestroyedconcretebench, reset concretetrash receptaclesandpicnicbenches, placevegetatedrip rap, concretetrail repairs, andbankstabilization.
501,562.50$ 33,437.50$ 535,000.00$
Scopeapproved - Readyto add
to designcontract with Jacob's
Engineering
PW-00990 Culvert & TrailRepair/BankStabilizationat 17 locationson trail shouldersalongSRT. 365,625.00$ 24,375.00$ 390,000.00$ Scopeapproved - Readyto add
to designcontract with Jacob's
Engineering
PW-00991 Repairof erodedmemorial benchsite on the SacramentoRiverTrail. 351,562.50$ 23,437.50$ 375,000.00$ Scopeapproved - Readyto add
to designcontract with Jacob's
Engineering
PW-1119
Estimatedawardfor SRTCarterCreeklow water crossingrepair.
Fundsto be usedon alternate project - replacing10th bridgeon the Buenaventura - 10 BridgesTrail.
106,706.25$ 7,113.75$ 113,820.00$ AwaitingFEMA Approval/UnderFEMAreview.
PW-00936
Turtle BayEast - Repairsto embankmentandculvert basin, rock base to cementpillars, decomposedgraniteerosion, replacegalvanized steelfence & poles; BlueGravelTrail - Repairandreplacesevere erosionto embankment, CMPandconcretespillway; OlneyCreek - repair concretetrail surface; EnterprisePark (ChurnCreek) - Remove andreplacegalvanizedsteelchainlink fence.
736,316.25$ 49,087.75$ 785,404.00$
Scopeapproved - Design
contract underwaywith
Jacob'sEngineering
PW-00937
Culvertremovalandmitigation with vegetationat CaldwellPark.
Culvertreplacementandrebuildinga portion of stoneheadwallat LakeReddingPark. (2 locations)
701,310.00$ 46,754.00$ 748,064.00$
Scopeapproved - Design
contract underwaywith
Jacob'sEngineering
PW-00940
6 locationson SRT) Removeculvert debrisandsedimentandreplace rip rap protection at inlet andoutlet of culverts. Removeandreplace damagedareasof asphalttrail surface, aggregatebase, and unclassifiedfill.
65,196.31$ 4,346.42$ 69,542.73$
Scopeapproved - Work
completedby CORStaffunder
existingmaintenancepermit.
PW-00938
RepairRockCreekTrailBridgeabutment damagesincludingclearing andgrubbing, existingwall removal, andreplacewith new protective concretewall.
N/A N/A N/A
Scopeconflicted with CARR
FireFEMAclaim. Project
withdrawn.
FinalFEMAApprovedProjects
Completed/Withdrawn Projects
ProjectsAwaiting FEMAApproval
PreviouslyApprovedFEMAProjects
Packet Pg. 63
Attachment: Previous Staff Report 09-01-20 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at RESOLUTION NO. 2020-____
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 53RDAMENDMENT TO CITY BUDGET RESOLUTION NO. 2019-050 INCREASING APPROPRIATIONS BY $ 1,413,820 FOR DESIGN, ENGINEERING, PERMITTING AND
CONSTRUCTION FOR FOUR RESTORATION PROJECTS FOR TRAILS AND PARKS DAMAGES DUE TO 2017 FLOOD DISASTER FEMA DECLARATION 4301 FOR FISCAL YEAR 2020-21
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2019- 050 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
111 610 Parks $ 88,360
128 616 Parks Capital-Grants $ 1,325,460
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
DecreaseBeginning Balance
111-427-01-0001-01 Beginning Balance 88,360$
IncreaseRevenue
128-616-6-2650-19 Fed Grant-Capital-Recreation 1,060,370$ 128-616-6-1200-20 StateGrant-Capital-Recreation 265,090$ Increase (Decrease) Expenditures
111-610-4797-03 4301-PW 935 33,440$
111-610-4797-09 4301-PW 990 24,370$
111-610-4797-10 4301-PW 991 23,440$
111-610-4797-11 4301-PW 1119 7,110$
128-616-4797-03 4301-PW 935 501,560$
128-616-4797-09 4301-PW 990 365,630$
128-616-4797-10 4301-PW 991 351,560$
128-616-4797-11 4301-PW 1119 106,710$
Total 1,413,820$ 1,413,820$
THAT the purpose is to increase appropriations $ 1,413,820 for design, engineering, permitting, and construction work for four restoration projects for trails and parks damages due to 2017 flood disaster FEMA declaration 4301 for fiscal year 2020- 2021.
Packet Pg. 64
Attachment: Previous Staff Report 09-01-20 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 1st day of September, 2020, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ADAM McELVAIN, Mayor
ATTEST: FORM APPROVAL:
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 65
Attachment: Previous Staff Report 09-01-20 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) Resolution No. 2024 - ____________
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 47TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060 APPROPRIATING AN ADDITIONAL $49,720 FOR THE TURTLE BAY EAST FLOOD DAMAGE REPAIRS PROJECT FOR FISCAL YEAR 2024-25.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING
THAT Budget Resolution No. 2023-060 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
152
101
1791
1711
Parks Grants
Parks
$46,620
3,110
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Decrease (Increase) Fund Balance
101-1099-2910000-00000 Fund Balance Non Departmental 3,110 Increase (Decrease) Revenue
152-1791-3608601-00000 Federal Grant Capital - Rec & Culture 37,290 152-1791-3629601-00000 State Grant Capital - Rec & Culture 9,320 Increase (Decrease) Expenditures
152-1791-6000216-00000 4301-PW 936 46,610$
101-1711-6000216-00000 4301-PW 936 3,110$
Total 49,720$ 49,720$
THAT the purpose is to appropriating an additional $49,720 for Turtle Bay East Flood Damage Repairs project for fiscal year 2024-25.
Packet Pg. 66
Attachment: Resolution No 47 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations) I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the ____ day of ______, ______ and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
TENESSA AUDETTE, Mayor
ATTEST: FORM APPROVAL:
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney
Packet Pg. 67
Attachment: Resolution No 47 (4.11(c)--Award BS No. 5463 Flood Damage Repairs at Various Locations)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve the sole source contract renewal agreement (C -5574), which includes the Master Services Agreement and the Order Form, with OpenGov, in a not to exceed amount of $324,163.98 over a three -year term beginning July 30, 2024 , through July 29, 2027, for the software subscription, maintenance, and support services for the City of Redding Public Works Utilities.
Fiscal Impact
There are sufficient funds budgeted annually from each of the following City of Redding (City) Public Works’ D ivisions: Streets, Storm Drain, Industrial Waste, Wastewater Collections, Wastewater Treatment, Water Treatment, Water Distribution, and Traffic Signals (Streets).
Proposed Proposed Proposed
OpenGov OMS
Plus
OpenGov OMS
Plus
OpenGov OMS
Plus
Division (Annual Term 1) (Annual Term 2) (Annual Term 3) Streets $12,862.21 $13,491.84 $14,166.43
Storm Drain $12,862.22 $13,491.84 $14,166.43
Industrial Waste $12,862.22 $13,491.84 $14,166.44
Wastewater Collections $12,862.22 $13,491.85 $14,166.44 Wastewater Treatment $12,862.22 $13,491.85 $14,166.44
Water Treatment $12,862.22 $13,491.85 $14,166.44
Water Distribution $12,862.22 $13,491.84 $14,166.44
Traffic Signals $12,862.21 $13,491.84 $14,166.43
Total: $102,897.74 $107,934.75 $113,331.49
MEETING DATE: July 16, 2024
ITEM NO. 4.11(d)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(d)--Approve a Three -Year Sole Source Contract Agreement with OpenGov (C-5574) for the Public Works Utilities Computerized Maintenance Management System Michael Webb, Public Works
Director
Packet Pg. 68
Report to Redding City Council July 10, 2024
Re: 4.11(d)--Sole Source Contract Agreement with OpenGov Page 2
Alternative Action
The City Council may choose not to approve the OpenGov contract and direct staff to solicit asset management software through the request for proposal (RFP) process. This would allow for a competitive process; however, it would take staff time and effort to develop and issue the RFP and select the software. If a company other than OpenGov was chosen, the past 29 years of historical asset data may be unusable moving forward and a c ompletely new system would need to be implemented.
Background/Analysis
OpenGov software, previously Cartegraph software, is a database system specifically designed for the management of municipal infrastructure assets. Cartegraph was purchased by OpenGov in 2022. The basic software functions include tracking the age and condition of system inventories; tracking work requests and repairs; scheduling inspections and maintenance; monitoring and recording information and alarms from treatment, distribution, a nd collection facilities throughout the City. All records associated with particular assets or locations are available to crews in the field and office staff, and information gathered can be entered directly into the system, and integrated into the City Geographic Information System (GIS).
The City’s Street Department began using Cartegraph (now OpenGov) as a pilot in 1995 to track the City’s street sign inventory and schedule replacements. Since that initial pilot, the Storm Drain, Wastewater, and Water Utilities all now use OpenGov on a daily basis. Public Works utilities updated their Cartegraph Navigator software to the Cartegraph Operations Management System (OMS) software in 2019 due to Navigator being phased out and no longer being supported into t he future. OpenGov has now released the newest version of the software, OMS Plus, which the City is currently using.
Staff is pleased with the OMS Plus software and its functionality. The updated OMS Plus software has been more user friendly, and a proven mobile device and GIS integrated system.
OpenGov OMS Plus provides the City with the capabilities to more efficiently and effectively manage the 2 ,200 miles of pipeline, four treatment plants, 39 wells, lift and pump stations, 62,000 service connections, 420 miles of road, 100 traffic signals and flashers, and 11,000 street signs. By sole sourcing to OpenGov, the City is simply renewing its relationship with OpenGov and all historical asset data and information can continue to be accessed with no disrupti on in service or additional training.
This contract agreement , including the Master Services Agreement and Order Form, have been approved to form by the City Attorney.
Environmental Review
This action, contract agreement for software, is not a project a s defined by the California Environmental Quality Act. No further action is required.
Packet Pg. 69
Report to Redding City Council July 10, 2024
Re: 4.11(d)--Sole Source Contract Agreement with OpenGov Page 3
Council Priority/City Manager Goals
• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today ’s residents and workfor ce. Anticipate the future to make better decisions today.”
Attachments
^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 Packet Pg. 70
OpenGov Inc.660 3rd Street, Suite 100San Francisco, CA 94107United States OG-00CA587964/23/2024 Jenny Russell7/14/20247/15/2024 Prorated + 36 Months7/29/2027 City of Redding, CA Ryan BaileyPO Box 496071 [email protected], California 96001United States Annually in AdvanceNet Thirty (30) Days
Product / Service Start Date End Date Annual Fee
Asset Builder - 7/15/2024 7/29/2024 $102.74
Enterprise Asset Management 7/30/2024 7/29/2025 $102,795.00 Enterprise Asset Management 7/30/2025 7/29/2025 $107,934.75 Enterprise Asset Management 7/30/2026 7/29/2027 $113,331.49 See Service Terms
July 15, 2024 $102.74July 30, 2024 $102,795.00July 30, 2025 $107,934.75July 30, 2026 $113,331.49 This Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at https://opengov.com/terms-of-service/master-services-agreement/.
The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for theSoftware Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice.
By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to theexclusion of all other terms.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Order Form Number:Created On: Prepared By:Order Form Expiration: Email: Subscription Start Date: Contract Term:Subscription End Date:
Customer: Contact Name: Bill To/Ship To: Email:
Billing Frequency: Payment Terms:
SOFTWARE SERVICES:
Annual Subscription Total:
Serivce TermsService Date: Amount:
City of Redding, CA OpenGov, Inc.
[email protected]
Customer Information
Order Details
Order Form Legal Terms
PRORATED TO ALIGN TO 7/30 START DATE
OMS Plus, Asset Builder, Facilities Domain, Sanitary Sewer Domain, Signal Domain,Stormwater Domain, Transportation Domain, Wastewater Treatment Plant Domain,Water Distribution Domain, OMS User (100 Users) OMS Plus, Asset Builder, Facilities Domain, Sanitary Sewer Domain, Signal Domain,Stormwater Domain, Transportation Domain, Wastewater Treatment Plant Domain,Water Distribution Domain, OMS User (100 Users) OMS Plus, Asset Builder, Facilities Domain, Sanitary Sewer Domain, Signal Domain,Stormwater Domain, Transportation Domain, Wastewater Treatment Plant Domain,Water Distribution Domain, OMS User (100 Users) (Prorated to Align to 7/30 Start Date)
DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Sam Kramer
SVP, Finance
7/1/2024
Packet Pg. 71
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov) 1 OpenGov Master Services Agreement City of Redding, CA - Revised June 27, 2024 OpenGov Master Services Agreement The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the customer named in the signature block below (“Customer”). This Agreement, which becomes binding when the parties have signed it (the “Effective Date”), sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services and receive professional services. 1. Definitions 1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record). Customer Data does not include any confidential personally identifiable information. 1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems. Customers may access the most up-to-date Documentation on the Customer Resource Center page at opengov.zendesk.com. 1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. 1.4. “Order Form” means the document executed by the parties that specifies the Software Services that OpenGov will provide to Customer under this Agreement. 1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2. 2. Software Services, Support, and Professional Services 2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial off-the-shelf software solutions identified in the applicable Order Form (“Software Services”). 2.2. Support and Service Levels. Customer support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement. 2.3. Professional Services 2.3.1. If OpenGov or its authorized independent contractors provides professional services DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Packet Pg. 72
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov) 2 OpenGov Master Services Agreement City of Redding, CA - Revised June 27, 2024 to Customer, such as implementation services, then these professional services (“Professional Services”) will be described in an applicable statement of work (“SOW”) agreed to by the parties. Unless otherwise specified in the SOW, any pre-paid Professional Services must be utilized within one year from the Effective Date. 2.3.2. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by Customer. 3. Restrictions and Responsibilities 3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement and Documentation. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. Intellectual Property Rights; License Grants; Access to Customer Data 4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty-free license during the Term to use the Software Services. 4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to the Customer. Customer grants OpenGov and its partners (such as hosting providers) a non- exclusive, royalty-free license to use, store, edit, and reformat the Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, and data DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Packet Pg. 73
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov) 3 OpenGov Master Services Agreement City of Redding, CA - Revised June 27, 2024 analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov. 4.3. Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. 4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, the Customer Data shall be deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice in Section 10.2. 4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. Confidentiality 5.1. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation. 5.2. Confidential Information does not include: (a) data that the Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or (f) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information. 5.3. Each party agrees to obtain prior written consent before disclosing any of the other party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Packet Pg. 74
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov) 4 OpenGov Master Services Agreement City of Redding, CA - Revised June 27, 2024 event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure. 6. Term and Termination 6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated pursuant to Section 6.3. 6.2. Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (each one is a new “Renewal Term”) unless either party notifies the other party of its intent not to renew this Agreement in writing no less than 30 days before the end of the then-current term. 6.3. Termination. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non-breaching party (10 days in the case of non-payment), the non-breaching party may terminate this Agreement. Neither party shall have the right to terminate this Agreement early without a legally valid cause. 6.4. Effect of Termination. Upon termination of this Agreement pursuant to Section 6.1, 6.2, or 6.3: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the date of termination or expiration, (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession. 7. Payment of Fees 7.1. Fees; Invoicing; Payment; Expenses. 7.1.1. Fees. Fees for Software Services and for Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices within 30 days without setoffs, withholdings or deductions of any kind. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable. 7.1.2. Annual Software Maintenance Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year of the Renewal Term. 7.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice. 7.1.4. Customer Delays; On Hold Fee.
DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Packet Pg. 75
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov) 5 OpenGov Master Services Agreement City of Redding, CA - Revised June 27, 2024
7.1.4.1. On Hold. Excluding delays caused by a force majeure event as described in Section 10.5, if OpenGov determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, OpenGov may place the Professional Services on hold. If OpenGov places a Customer on hold, OpenGov will ensure that Customer is made aware of its obligations necessary for OpenGov to continue performing the Professional Services. Upon placing a customer on hold, OpenGov may, without penalty, suspend Professional Services to the Customer and reallocate resources until the Customer has fulfilled its obligations. OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities. 7.1.4.2. On Hold Notice; On Hold Fee. OpenGov may also issue an “On Hold Notice” specifying that the Customer will be invoiced for lost time in production (e.g., delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year’s fee for Software Services. OpenGov may remove the on hold status and may rescind the fee in its discretion upon Customer’s fulfillment of its obligations set out in the On Hold Notice. And OpenGov may extend the timeline to complete certain Professional Services depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). 7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer’s account remains delinquent (with respect to payment of a valid invoice) for 30 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 6.3. Customer will continue to incur and owe all applicable fees irrespective of any such Service suspension based on such Customer delinquency. 7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Packet Pg. 76
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov) 6 OpenGov Master Services Agreement City of Redding, CA - Revised June 27, 2024 are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 8. Representations and Warranties; Disclaimer 8.1. By OpenGov. 8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. 8.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer’s exclusive remedy and OpenGov’s entire liability will be the re-performance of the applicable services. If OpenGov is unable to re-perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of performance of such work to receive such warranty remedies. 8.1.3. Software Services Warranty. OpenGov further represents and warrants that for a period of 90 days after the Effective Date, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Customer must give written notice of any claim under this warranty to OpenGov during the Term. OpenGov’s entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-paid, unused portion of the fee for such Software Services. 8.1.4. Non-Infringement Warranty. OpenGov represents and warrants to the best of its knowledge and belief that the Software Services and the Documentation, when properly used as contemplated herein, will not infringe or misappropriate any third-party Intellectual Property Rights. 8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov’s use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party. 8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Packet Pg. 77
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov) 7 OpenGov Master Services Agreement City of Redding, CA - Revised June 27, 2024 BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,. 9. Limitation of Liability 9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.4. 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct or gross negligence by either party, (c) either party’s infringement of the other party’s Intellectual Property Rights; and (d) OpenGov obligation to defend and indemnify the Indemnified Parties pursuant to section 10.12No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. Miscellaneous 10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov. 10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. However, for notices, including legal notices, required by the Agreement (in sections where the word “notice” appears) the parties must communicate more formally in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice are: OpenGov, Inc., 6525 Crown Blvd #41340, San Jose, CA 95160, and [email protected]. 10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement. 10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Packet Pg. 78
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov) 8 OpenGov Master Services Agreement City of Redding, CA - Revised June 27, 2024 provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. 10.7. Survival. The following sections of this Agreement shall survive termination: Section 5. (Confidentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 10.8. Assignment. There are no third-party beneficiaries to this Agreement. Except as set forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors. 10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other. 10.10. Governing Law and Jurisdiction. California laws govern this Agreement, without regard to conflict of laws principles. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties submit to the personal jurisdiction and venue therein. 10.11. Complete Agreement. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement. Any modification to this Agreement must be in writing and signed by an authorized representative of each party.
DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Packet Pg. 79
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov) 9 OpenGov Master Services Agreement City of Redding, CA - Revised June 27, 2024
10.12. Indemnity. OpenGov will defend, hold harmless and indemnify Customer, its elected officials, employees, officers, volunteers, contractors, and agents (“Indemnified Parties”) from any infringement claim and indemnify any loss arising out of an infringement claim (provided that with respect to patents, such claims are limited to US patents) as set forth in the following paragraphs:
(a) If OpenGov determines that an infringement claim is valid, Indemnified Parties may, at its expense, either (i) obtain rights for Indemnified Parties to continue using OpenGov offerings or (ii) modify the OpenGov offerings while maintaining substantially similar functionality. If neither alternative is commercially reasonable, OpenGov may terminate Indemnified Parties right to use OpenGov offerings and will refund any applicable services fees and unused portion of fees paid for term licenses, subscriptions and maintenance on a pro rata basis. (b) OpenGov has no obligation to defend an infringement claim or to indemnify Indemnified Parties to the extent the infringement claim arises out of (i) the combination or integration of OpenGov offerings with a product, process, system, or element that Contractor has not supplied or specified in its documentation; or (ii) OpenGov offerings' alteration by anyone other than OpenGov or its subcontractors. (c) Indemnified Parties shall (a) promptly give notice of a claim to OpenGov; (b) give OpenGov sole control of the defense, provided, however, that OpenGov shall not consent to any settlement or discharge, or consent to the entry of judgement without prior consent of the Indemnified Parties in writing; and (c) provides to OpenGov all available information and reasonable assistance.
DocuSign Envelope ID: 4D71972D-6C8C-4798-ACAA-5CED51B7356B Packet Pg. 80
Attachment: ^City of Redding, CA_OpenGov_Order Form + MSA_2024JUN28 (4.11(d)--Sole Source Contract Agreement with OpenGov)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Mayor to execute a Subdivision Agreement with Sierra Pacific Land and Timber Company, and approve the final map for Shastina Ranch Subdivision, Unit 6 (S-7-03/PD-5-04), thereby, instructing the City Clerk to file the map with the Shasta County Recorder.
Fiscal Impact
There will be cumulative impacts to the Public Works Department due to the increase in public street infrastructure requiring annual maintenance, especially the asphal t pavement. The project will generate an incremental increase in State of California gas -tax funds based on population and point-of-origin sales; however, the increase in these revenues falls short of the anticipated annualized maintenance cost.
In addition, there will be an incremental increase in the City of Redding (City) utility costs due to the additional infrastructure. Generally, except for the Storm-Drain Utility, sufficient revenue is generated by monthly use charges to offset any increase in annual maintenance costs. The Storm- Drain Utility is pressed with increasing requirements that current rates do not cover.
Alternative Action
The City Council (Council) may choose not to accept the improvements. Under this alternative, the City would be in consistent with a long -standing policy of maintaining streets and infrastructure following the completion of the improvements in accordance with City Construction Standards.
MEETING DATE: July 16, 2024
ITEM NO. 4.11(e)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(e)--Approve Final Map and Execute Subdivision Agreement for Shastina Ranch Subdivision, Unit 6 (S-7-03)/Planned Development PD-5-04 Michael Webb, Public Works
Director
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Report to Redding City Council July 9, 2024
Re: 4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6 Page 2
Background/Analysis
The Shastina Ranch Subdivision, Unit 6 (S-7-03/PD-5-04) was approved by the Planning Commission on July 16, 20 05. Attached is a map showing the subdivision, which is located south of Rancho Road and Shasta View Drive.
The developer, Sierra Pacific Land and Timber Company , has submitted the final map and all other required data which has been checked and approved by various City Departments. Relevant subdivision map conditions of approval have been met with the exception of some portions of roadway conditions (placing asphalt concrete, striping, pouring curb/gut ter/sidewalk, centerline monument survey, street name signs, utility manholes, street lights and valve grade adjustments).
The developer has agreed to the execution of a subdivision agreement, has committed to completing these conditions, and has submitte d a related security in the amount of $1,853,864 for the remaining work. The developer has been informed that no occupancy permits will be granted for residences constructed on lots until all related subdivision agreement conditions have been met.
Environmental Review
On June 15, 20 05, the Council held a public hearing and adopted a resolution approving the Tentative Subdivision Map Application (S -7-03) and Planned Development Application (PD -5- 04) for the Shastina Ranch Subdivision Project after adopti ng a resolution certifying the completeness and adequacy of the Environmental Impact Report, EIR -1-03, on April 15, 2005.
On March 11, 2008, after a public hearing was held, the Planning Commission adopted a Mitigated Negative Declaration and approved the Tentative Subdivision Map Application (S -9- 05).
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
^Location Map
Subdivision Agreement
Final Map
Performancee Bond
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Attachment: ^Location Map (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6)
SUBDIVISION AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF REDDING, a Municipal Corporation, hereinafter called Cit y, and Sierra Pacific Land and Timber Company , hereinafter called Subdivider, both of whom understand and agree as follows:
RECITALS:
A. Subdivider has presented to City for approval a final subdivision map, hereinafter called Map, entitled:
Shastina Ranch Subdivision, Unit 6
B. The Map has been filed with the City Clerk of City for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein;
C. Subdivider has requested approval of the Map prior to the construction and/or completion of improvements , including all streets, highways, or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision, hereinafter called Subdivision, designated on the Map, all in accordance with, and as requ ired by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of Subdivision, which plans and specifications are now on file in t he office of the City Engineer:
D. This agreement is executed pursuant to t he provisions of the Subdivision Map Act of the State of California.
NOW THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the dedications or same thereof, therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner and furnish all required materials, all under the direction and to the satisfaction of City Engineer all of the following work and improvements within, and/or without, the Subdivision, to wit:
Tentative Subdivision Map S-7-03/Planned Development PD-5-04 Shastina Ranch Subdivision, Unit 6
See Conditions of Approval
Streets and Circulation
17 thru 38
Sewer, water, and Electric Utilities
39 thru 52
Fire Protection
70 thru 74
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Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Subdivision Agreement: Shastina Ranch, Unit 6 2
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY
THIS REFERENCE
Subdivider shall also do all work and furnish all materials necessary in the opinion of the City Engineer and on his order to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by City Engineer which in his opinion are necessary or required to complete the work. The funding amount set forth in Exhibit “A” shall not be construed as a limitation on the subdivider’s obligation to fully construct the improvements.
2. Places and Grades to be Fixed by City Engineer
All of said work is to be done at the places, of the materials, in the manner and at the grades, all as shown upon the plans and specifications therefor heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer.
3. Time and Commencement and Performance
City hereby fixes the time for the commencement of said work on the 16th day of July, 2024, and for its completion to be within 360 calendar days of the date of commencement. Prior to the commencement of work hereunder Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Enginee r shall be able to provide services of inspection.
4. Occupancy
Pursuant to Section 17.26.010 of the Redding Municipal Code, occupancy of structures shall not be permitted until all public improvements associated with the subdivision have been duly accepted by City Council.
5. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the event good cause is shown therefor, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension.
6. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the Map which have been destroyed or dam aged, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by any combination of such owne rs. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of City Engineer.
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Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Subdivision Agreement: Shastina Ranch, Unit 6 3
7. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the Map, a written statement signed by each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.
8. Permits; Compliance with Law
Subdivider shall obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices, and pay all fees and taxes required by law.
9. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work of said improvement, or have a competent foreman or superintendent, satisfactory to City Engineer on the work at all times during progress, with authority to act for Subdivider.
10. Inspection by City
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City Engineer to all parts of the work, and to the shops wherein the work is in preparation.
Subdivider shall be liable for the payment of all inspection fees and other fees required by the City of Redding within thirty (30) days of invoice.
11. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish one of the following: (1) A bond or bonds in the sum of at least 100 percent of the estimated cost of the improvements remaining to be constructed, plus a contingency cost not to exceed 10 percent of the improvement costs, plus an estimated inflation factor based on the change in the Construction Cost Index over the averaged previous three years’ changes as published in the Engineering News Record, plus an additional amount of 50 percent of the estimated cost of improvements securing payment to the contractor, or (2) and instrument of credi t from an approved financial institution in the same amount, or (3) cash deposit in the same amount.
As to (1) or (2), both the issuer and the form shall be satisfactory to City Attorney.
12. Hold Harmless Agreement
Subdivider hereby agrees to, volunteers and shall, hold City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may aris e from Subdivider's or Subdivider's contractors; sub - contractors; agents; or employees' operations under this agreement, whether such operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents, and employ ees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows:
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Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Subdivision Agreement: Shastina Ranch, Unit 6 4
a. That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider of any of the insurance policies described in paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall apply to all damages, fines, penalties, and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied, or approved of, plans and/or specifica tions for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
13. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider shall have obtained all insurance required under this paragraph and such insurance shall have been approved by Risk Manager as to form, amount, and carrier nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Subdivider shall procure and maintain for the duration of the agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this agreement by the subdivider, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
a. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), with limits no less than $1,000,000 per occurrence/$2,000,000 general aggregate for bodily injury, personal injury and property damage.
b. Insurance Services Offices form number CA 0001 (Ed. 1/87) covering Automobile Liability, owned, non-owned, and hired, with limits no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of Cali fornia, with statutory limits, and Employers’ Liability insurance, with limi ts no less than $1,000,000 per bodily injury or disease.
Deductibles and Self-Insurance Retentions
Any deductibles or self-insured retentions shall be declared to and approved by the City.
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Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Subdivision Agreement: Shastina Ranch, Unit 6 5
Other Insurance Provisions
The general liability and automobile policies are to contain or be endorsed to contain the following provisions:
a. The City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of or in connection with the performance of this agreement by or on behalf of the subdivider; premises owned, occupied or used by the subdivider; and automobiles owned, leased, hired or borrowed by the subdivider. The coverage shall contain no special limitations of the scope of protecti on afforded to the City, its officers, officials, employees, and volunteers.
b. The S ubdivider’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the insurance of the subdivider and shall not contribute with it.
c. The subdivider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, e xcept with respect to the lim its of the insurer’s liability.
d. Each insurance policy required by this clause 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.
The Workers’ Compensation and Employers’ Liability insurance shall contain the Insurer’s waiver of subrogation in favor of the City, its officers, officials, employees, and volunteers.
Approval of the subdivider’s insurance by the City shall not decrease the extent to which the subdivider may be held responsible for payment of any and all damages resulting from subdivider’s performance under this agreement.
Acceptability of Insurers
Insurance is to be placed with insurers licensed to do business in the State of California and with a current A.M. Best’s rating of no less than A-:VII.
Verification of Coverage
The Consultant shall furnish the City with certificates of insurance and original endorsements effecting coverage required by this clause. The endor sements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City before approval of the agreement and work commences. The City reserves the right to request a certified copy of any or all policies at any time. The subdivider shall provide such Packet Pg. 88
Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Subdivision Agreement: Shastina Ranch, Unit 6 6
policies within thirty (30) days of such a request.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City.
15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Sub divider or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the specifications referred to her ein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent.
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be considered to be, agents of City in connection with the performance of Subdivider's obligat ions under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the actual cost for all engineering, inspection, and other services furnished by City in connection with the Subdivision, plus the applicable overhead charge in effect at the time. City will furnish a statement of all charges for services performed by City upon request, and Subdivider shall complete payment of such charges within ten (10) days after receipt thereof. Said costs shall be paid in full by the Subdivider prior to acceptance by the City of the Map or improvements.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receive r should be appointed in the event of Subdivider's insolvency, or if Subdivider or any of Subdivider's contractors, subcontractors, agents, or employees should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion thereof, and default of Subdivider.
19. Breach of Agreement; Performance by Surety or City
In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however that if the Packet Pg. 89
Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Subdivision Agreement: Shastina Ranch, Unit 6 7
surety, within five (5) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of and utilize in completing the work, such materials, appliances, plant, and other property belonging to Subdivider as may be on the site of the work and necessary thereof.
20. Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to: City of Redding
shall be addressed as follows: 777 Cypress Avenue
Redding, California 96001
Notices required to be given to: M D Emmerson
shall be addressed as follows: 19794 Riverside Drive
Redding, CA 96007
Notices of breach or default required to be given to: Marsh USA, Inc. shall be addressed as follows: 1301 Fifth Ave., Ste 1900 Seattle, WA 98101
Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
21. Interpretation
The laws of the State of California shall govern the interpretation of and the resolution of disputes under this Agreement. If any claim, at law or otherwise, is made by either party to this Agreement, 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, wi thout limitation, a party who dismisses an action for specific performance or for damages in exchange for sums allegedly due, performance for covenants allegedly breached for consideration substantially equal to the relief sought in the action, or which re ceives from the other party, in connection with any dispute, performance substantially equivalent to any of these.
22. Amendment of Agreement
This document, including any exhibits, contains the entire Agreement between the parties and supersedes whatever ora l or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be altered, amended, or modified except by a writing signed by City and Subdivider.
Packet Pg. 90
Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Subdivision Agreement: Shastina Ranch, Unit 6 8
23. Enforcement of Agreement
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.
24. Disputes
In the event of a dispute between the parties hereto over the meaning of this Agreement, no party shall be deemed to have been the drafter hereof, and the principle of law that contracts are construed against the drafter shall not apply.
25. Effective Date
The effective date of this agreement shall be the date it is signed by the City.
Packet Pg. 91
Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Subdivision Agreement: Shastina Ranch, Unit 6 9
IN WITNESS WHEREOF, City and Developer have executed this Agreement on the days and year set forth below:
CITY OF REDDING,
A Municipal Corporation
Dated: , 2024
By
:
TENESSA AUDETTE, Mayor
Attest: Form Approved:
CHRISTIAN CURTIS
City Attorney
SHARLENE TIPTON, City Clerk By: CHRISTIAN CURTIS, City Attorney
M D Emmerson, Si erra Pacific Land and Timber
Company
Dated: , 2024
By
:
M D Emmerson,
Sierra Pacific Land and Timber Company
(Subdivider)
Packet Pg. 92
Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Estimated Amount of Final Map Security
FOR
Shastina Ranch Subdivision, Unit 6
ENGINEERING DIVISION
P.O. Box 496071
REDDING, CA 96049-6071
(530) 225-4170
Date: 6/3/2024
Original Construction Estimate: 7-14-22 $6,099,750
Performance Security: Remaining work (provided by engineer) 1,093,725$ (work remaining to be completed) 10% CONTINGENCY 109,373$
3.0% INFLATION 32,812$
Performance Security 1,235,909$
Payment Security: Payment Security 617,955$
(50% of Perf. Security)
TOTAL SECURITY 1,853,864$
Calc'd By: Kyle A. Jones
Construction Manager
(530) 225-4181
[email protected]
Calculated using Prelim. Engineer's
Estimate from SDS, dated 6-3-24
Shastina U6 Security Calcs Page 1
EXHIBIT "A"
Packet Pg. 93
Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) EXHIBIT "A"
Packet Pg. 94
Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) EXHIBIT "A"
Packet Pg. 95
Attachment: Subdivision Agreement (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Packet Pg. 96
Attachment: Final Map (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Packet Pg. 97
Attachment: Final Map (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Packet Pg. 98
Attachment: Final Map (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Packet Pg. 99
Attachment: Final Map (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Packet Pg. 100
Attachment: Final Map (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Packet Pg. 101
Attachment: Final Map (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Packet Pg. 102
Attachment: Performancee Bond (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Packet Pg. 103
Attachment: Performancee Bond (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6) Packet Pg. 104
Attachment: Performancee Bond (4.11(e)--Final Map-Shastina Ranch Subdivision, Unit 6)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following related to Landscape Maintenance Districts (LMDs):
(1) Conduct a Public Hearing and, upon conclusion, adopt Resolution relative to LMDs A, B, and C authorizing the following:
(a) Confirming the maps of the assessment districts as contained in the Engineer’s Report for Fiscal Year 2024-25 for LMDs A, B, and C; and (b) Approving and confirming annual assessments and levy amounts shown for Fiscal Year 2024-25 pursuant to the Landscaping and Lighting Act of 1972. (2) Conduct a Public Hearing and, upon conclusion, adopt Resolution relative to LMDs authorizing the following:
(a) Confirming the maps of the assessment districts as contained in the Engineer’s Reports for LMDs D, E, F, G, H, H 1, J, K, L, M, N, O, P, Q, R, S, S1, T, U, V, W, 01-06, 02-06, 03-06, 04-06, 05-06, 06-06, 07-06, 08-06, 09-06, 11-06, 01-07, 02-07, 02-09, 03-09, 01-11, 02-11, 03-11, 01-13, 02-14, 03-14, 01-15, 02-16, 03- 16, 01-17, 01-19, 02-19, 01-20 and 01-22; and
(b) Approving and confirming annual assessments and levy amounts shown for Fiscal Year 2024-25 pursuant to the Landscaping and Lighting Act of 1972.
Fiscal Impact
Approval of the Landscape Maintenance District ( LMD) provides the revenue to fund the maintenance o f designated landscape areas throughout the City of Redding (City). The report also includes three neighborhood parks – funding for these park properties was included in the Fiscal Year 2024-25 Biennial Budget.
MEETING DATE: July 16, 2024
ITEM NO. 6.1
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 6.1--Public Hearings (2) to consider adopting Resolutions (2) regarding Landscape Maintenance Districts Annual Assessments for Fiscal Year 2024-25.
Travis Menne, Director of
Community Services
Packet Pg. 105
Report to Redding City Council July 8, 2024
Re: 6.1--Public Hearing for Landscape Maintenance Districts Page 2
Alternative Action
The City Council ( Council) could either decline to adopt the resolutions, which would stop the collection of revenue for the districts to fund maintenance expenses, or provide staff with alternate direction.
Background/Analysis
The City utilizes LMDs to fund the maintenan ce of landscaped areas that directly benefit residential and commercial developments. The use of LMDs is common in cities throughout California. The districts are established when projects are approved. The annual cost of the LMD is then divided up and ass essed to the affected parcels through the property tax statements. The Landscaping and Lighting Act of 1972 requires the Council to hold a public hearing regarding the adoption of annual assessments and levies for lots within each of the City's existing LMDs.
The City currently has 49 LMDs that require the adoption of an annual assessment. LMD -H, Clover Creek Village Subdivision, and LMD S, Fleur Du Lac have additional landscape in an area designated as Zone 1 that provides additional benefit to some of t he property owners in that district; therefore, Districts H and S will require the adoption of one additional annual assessment, H1 and S1 respectively, for the additional benefit provided to these property owners.
For the purpose of this report, "Benefit Unit" is the individual parcel benefitting from the LMD.
The "Proposed Assessment" is the maximum amount allowable by law without a vote of property owners and is based on changes in the Construction Cost Index since the formation of the district. "Proposed Levy" is the actual amount proposed to be levied against each benefit unit this fiscal year.
Assessments for LMDs A, B, or C are flat for Fiscal Year 2024 -25 as no annual inflationary adjustments (note table below) were built in at the time these dis tricts were formed. Without additional funding, resources are limited and the level of care suffers in these districts. Staff is working to re-establish these districts with inflationary adjustments included, but this requires a majority affirmative vote o f the homeowners. The remainder of the LMD A and B neighborhoods will be brought forward in the next few years. In the meantime, the cost of normal maintenance exceeds the district's revenues. Maintenance efforts continue at a severely reduced service level in Fiscal Year 2024-25.
LMD District
Name General Location Proposed
Assessment
Proposed
Levy
A Miscellaneous Miscellaneous–Refer to Resolution $29.46 $29.46 B Miscellaneous Miscellaneous–Refer to Resolution $71.00 $71.00 C Miscellaneous Miscellaneous–Refer to Resolution $7.46 $0.00
The assessment for Districts D, E, F, G, H, H1, J, K, L, M, N, O, P, Q, R, S, S1, T, U, V, W, 01- 06, 02-06, 03-06, 04-06, 05-06, 06-06, 07-06, 08-06, 09-06, 11-06, 01-07, 02-07, 02-09, 03-09, 01-11, 02-11, 03-11, 01-13, 02-14, 03-14, 01-15, 02-16, 03-16, 01-17, 02-19, 01-20, and 01 -22 have been adjusted by an annual inflation adjustment which is tied to the "20 Cities Construction Cost Index" from the most recent March Engineering News Record. The increase this year is 2.7 percent.
Packet Pg. 106
Report to Redding City Council July 8, 2024
Re: 6.1--Public Hearing for Landscape Maintenance Districts Page 3
As shown in the table below, the calculated levies reflect the proposed maintenance needs of the districts for the Fiscal Year 2024-25. In most cases, the proposed levy is less than the assessment because the maintenance needs of these districts can be met at the lower levy amount. The Shasta County Assessor requires that levy amounts be an even number for processing purposes. Some levies have been rounded down $0.01 to meet this requirement. Three LMD districts have negative balances. Nicolet – LMD O is due to a prior year's insurance payment posted in error and reversed out in a previous fiscal cycle. State Compensation Insurance - LMD 01-07, suffered extensive vehicle damage. LMD B is also on the list of negative balances this fiscal year. Wi th additional reductions this year, the district will return to a slightly positive balance.
It is also noted that the levy was stayed in a number of districts and now have a $0 proposed levy. In these cases, the districts were formed when the final map w as approved but were not yet enrolled with the County of Shasta. In these districts, either there is no maintenance or the developer continues to manage the maintenance needs.
LMD District Name General Location Proposed
Assessment
Proposed
Levy
D The Vistas North of Quartz Hill Road at the
intersection with Terra Nova Drive $935.34 $395.74
E Blue Shield At the intersection of Bechelli Lane and
South Bonnyview Road $11,524.73 $6,366.00
F Placer Pines West of Placer Street at the intersection with Boston Avenue
$248.42 $169.76
G Quail Run South of Marlene Avenue at the
intersection with Cockerill Drive
$469.33 $276.44
H Clover Creek
Village
West of Airport Road at the intersection
with Preserve Boulevard
$243.38 $199.78
H1 Clover Creek
Village, Zone 1
West of Airport Road at the intersection
with Preserve Boulevard
$144.54 $92.68
J
Sunset
Avenues, Units
1 and 2
North of State Route 299 at the
intersection with Buenaventura Boulevard
$815.73 $469.64
K Nob Hill West of Almond Avenue near the
intersection with Shasta Street
$406.20 $332.00
L Terra Vista East of Churn Creek Road at the
intersection with Loma Vista Drive
$619.08 $265.24
Packet Pg. 107
Report to Redding City Council July 8, 2024
Re: 6.1--Public Hearing for Landscape Maintenance Districts Page 4
LMD District Name General Location Proposed
Assessment
Proposed
Levy
M Parkview/
Leland
Between Lanning Avenue and Leland
Avenue south of Fell Street
$423.49 $358.32
N
Villages at
Shasta View
Gardens
West of Shasta View Drive at the
intersection with Tarmac Road
$82.53 $61.42
O Nicolet Estates West of East Bonnyview Road at the
intersection with Nicolet Lane
$1,440.95 $825.00
P Mill Pond
Estates
East of East Bonnyview Road at the south
end of Mill Pond Lane
$894.57 $520.00
Q Clover Acres,
Units 1 and 2
Near the intersection of Wimbledon Drive
and Agassi Street
$313.24 $226.78
R Cerro Vista South of Radio Lane at the intersection
with Cerro Lane
$440.98 $249.66
S Fleur Du Lac,
West of Shasta View Drive at the
intersection with Voltaire Way
$288.29 $208.92
S1 Fleur Du Lac,
Zone 1
West of Shasta View Drive at the
intersection with Goren Court
$602.15 $340.10
T Redwood
Meadows
At the intersection of Marijean Way and
Redwood Boulevard
$1,203.16 $627.00
U Bel Air Estates West of the intersection with Quartz Hill Road and Stone Canyon Drive
$116.44 $0.00
V Lakeside
Avenues
East of Buenaventura Boulevard at the
intersection with Lakeside Drive
$817.65 $367.54
W
Crown
Meadows
Estates
South of Girvan Road at the intersection
with Pit Road
$200.43 $140.10
01-06 Sonata (Tarmac
Ridge Villas)
West of Shasta View Drive at the
intersection with Tarmac Road
$340.51 $158.50
02-06 Galaxy Way At the west end of Galaxy Way at the
intersection with Morningsun Drive
$562.10 $199.40
03-06 Hope
Subdivision
East of Hope Lane at the intersection with
Carnegie Drive
$613.08 $147.78
Packet Pg. 108
Report to Redding City Council July 8, 2024
Re: 6.1--Public Hearing for Landscape Maintenance Districts Page 5
LMD District Name General Location Proposed
Assessment
Proposed
Levy
04-06 Rivercrest
Estates
East of Bechelli Lane south of the
intersection with Woodacre Drive
$519.99 $278.86
05-06 Monopoly
Estates
Along Boardwalk Place at the intersection
with Wyndham Lane
$1131.78 $0.00
06-06 Lowe's HIW North of East Cypress Avenue at the
intersection with Alfreda Way
$28,858.92 $15,118.00
07-06 Buckeye Pines West of Lake Boulevard at the
intersection with Wilmington Way
$799.21 $476.24
08-06
Shastina Ranch
(Stonesfair/
Silverstone
annex.)
Along Shasta View Drive from Rancho
Road to Airport Road
$809.76 $430.34
09-06 Buenaventura
Park
South of Waushara Avenue at the
intersection of Piper Way
$703.22 $417.14
11-06 Tuscany
Village
East of Gold Hills Drive at the
intersection with Oasis Road
$397.45 $0.00
01-07
State
Compensation
Insurance
East of Shasta View Drive at the
intersection of Tarmac Road
$923.07 $923.06
02-07 Hilltop Center East of Hilltop Drive at the intersection of Browning Street
$889.09 $889.08
02-09 Placer West
On the southerly side of Placer Road
between Mary Lake Drive and O'Connor
Avenue
$1,276.42 $655.00
03-09 Highland Park
Just east of Interstate 5 south of State
Route 299E, west of Churn Creek Road,
and north of Browning Street
$369.55 $323.98
01-11
River Ridge
Park/Terrace
and Stanford
Manor
On the south side of Quartz Hill Road,
easterly one -quarter mile from River
Ridge Drive to 150 feet west of White
Sail Drive
$140.96 $123.10
02-11 River Park
Highlands
At the intersection of Benton Drive and
River Park Drive and along River Park
Drive
$110.95 $103.26
03-11
River Heights
and River
Heights PD
At the intersection of Hilltop Drive and
River Bend Road and along River Bend
Road
$335.08 $293.08
Packet Pg. 109
Report to Redding City Council July 8, 2024
Re: 6.1--Public Hearing for Landscape Maintenance Districts Page 6
LMD District Name General Location Proposed
Assessment
Proposed
Levy
01-13 College
Highlands
On the west side of Shasta View Drive
between Simpson Boulevard and Palacio
Drive.
$295.93 $276.40
02-14 Westside
At the intersection of Placer Street and
Boston Avenue, White Hawk Estates,
Units 2 and 3 generally loca ted at the
intersection of Teton Drive and Crescent
Moon Drive, and Ridge View Estates
located at the intersection of Placer Road
and Cumberland Drive.
$93.57 $91.72
03-14 Browning
Pointe
On the west side of Browning Street
Boulevard from Old Alturas Road to
Friendly Road.
$764.22 $764.22
01-15 Hidden Hills At Bodenhamer Blvd and Rollingview
Drive.
$87.08 $87.06
02-16 Shasta View
Southwest
On the west side of Shasta View from
Castlewood Drive to Pacific Avenue
$76.87 $76.86
03-16 River Pointe Calgary P lace and Beretta Lane and a portion of Oxbow Street
$205.38 $192.02
01-17 Salt Creek
Heights
The subdivision is north of Sunflower at
the intersection of Buenaventura.
$534.90 $474.70
01-19 Monroe (Seven
Bridges)
East of Shasta View Drive on the south
side of Oasis Road on the center medians
and the north side of Oasis Road.
$529.33 $502.70
02-19
Center Court
Village (Elk
Crest annex.)
At both parkway strips of Palm Springs
Drive, at the corners of Sampras Drive
and Goolagong Drive, and at the corners
of Goolagong Drive and Argyle Road.
$270.67 $233.02
01-20 Rio (Wyndham
Pointe)
Along Wyndham Lane crossing Thea
Drive, a section of the parkway strips at
Thea Drive, and at the intersection of
Ginny Court and Lagoon Drive.
$906.43 $419.62
01-22 Luke Estates
On the south side of Old Alturas Road,
east of Oak Mesa Lane, and west of
Shasta View Drive.
$1,573.94 $1,159.44
Environmental Review
Determine that the recommended actions do not constitute a project subject to environmental review under the Califor nia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), finding that the project is an organizational or administrative activity of governments that will not result in direct or indirect physical changes in the environment.
Packet Pg. 110
Report to Redding City Council July 8, 2024
Re: 6.1--Public Hearing for Landscape Maintenance Districts Page 7
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10 -year Financial Plans for all funds.”
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Resolution LMD ABC
^Resolution All Other LMDs
LMD A Engineer's Report 2024-25
LMD B Engineer's Report 2024-25
LMD C Engineer's Report 2024-25
LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 Packet Pg. 111
RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING:
(1) CONFIRMING THE MAPS OF THE ASSESSMENT DISTRICTS
CONTAINED IN THE ENGINEER’S REPO RTS ON FILE WITH
THE CITY CLERK;
(2) CONFIRMING THE ANNUAL ASSESSMENTS AND ORDERING
THE LEVY AMOUNTS FOR FISCAL YEAR 2024-25 PURSUANT
TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
COMMENCING WITH SECTION 22500 O F THE STREETS AND
HIGHWAYS CODE
WHEREAS:
A. On June 18, 2024, by Resolution No. 2024-051, the City Council approved the Reports of the Engineer as filed with the City Clerk relating to the Landscape Maintenance Districts outlined in the table below and gave notice of the time and place of the July 1 6, 2024, public hearing regarding the levy and collection of a ssessments for Fiscal Year 2024-25; and
B. A general location of each District is included in the table below , and maps of these Districts are attached to the Engineer’s Reports on file with the City Cler k; and
C. The purpose of these Districts is to provide maintenance to those landscaping improvements required within the public rights-of-way and/or easements by the conditions of development approval for each District and the general locations as outlined in the table below; and
D. The Engineer has filed his Reports with the City Clerk pursuant to Streets and Highways Code Section 22565, et seq.; and
E. This Resolution is made in satisfaction of those requirements set forth in the Streets and Highways Code Section 22631; and
F. The public hearing, duly and properly noticed, commenced at the Council Chambers, 777 Cypress Avenue, Redding, California , on July 1 6, 2024, and was concluded prior to the adoption of this Resolution. At the public hearing, the Council gave every interested person an opportunity to object to the proposed assessments; and
G. All legal prerequisites to the adoption of this Resolution have occurred;
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL THAT:
1. The matters set forth above are true and correct, and are adopted herein.
Packet Pg. 112
Attachment: ^Resolution LMD ABC (6.1--Public Hearing for Landscape Maintenance Districts)
2. The Report of the Engineer, on file with the City Clerk, contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed a ssessments u pon the a ssessable a cres and remaining parcels within the District.
3. The existing improvements for each subdivision in the District are set forth in Part B of the Engineer’s Reports on file with the City Clerk.
4. Pursuant to Streets and Highways Code Section 22631, the maps of the assessment districts addressed herein and contained in the Report of the Engineer are confirmed.
5. The general locations of the acres and remaining parcels in the District are set forth in Part A of the Engineer’s Reports on file with the City Clerk.
6. Only costs for the maintenance of landscaping, miscellaneous lighting, mulching, vandalism, repairs to the irrigation system, electric and water charges, replacement of vegetation as necessary, removal of trimmings, rubbish, and deb ris, maintenance of the detention basin, and other improvements to remove or cover graffiti, administrative costs, painting of any walls, and su ch other maintenance and incidental expenses as are authorized by Streets and Highways Code Sections 22526 and 22531 will be assessed.
7. The assessments against each developable lot or remaining parcel located within the Districts for Fiscal Year 2024-2025 are confirmed, adopted, and levied as outlined in the table below, except that an assessment shall not be levied on property owned by a federal or state governmental agency or another local agency.
8. The City Clerk shall forthwith transfer to the Auditor-Controller and Assessor-Recorder of Shasta County a certified copy of this Resolution and a certified copy of the assessment maps contained in the Engineer’s Reports for the Landscape Maintenance Districts outlined in the table below.
9. That the City Clerk gave notice of said hearing pursuant to the Streets and Highways Code Section 2262(a).
LMD
District
Name
Proposed
Assessment
Proposed
Levy
A Miscellaneous $29.46 $29.46
General Location:
Ravenwood Estates, Units 1, 2, 3, 4, 5, 6, 7, 8, 8A, 9, and 17, generally located near the intersection of Old Alturas Road and Shasta View Drive.
B
Miscellaneous
$71.00
$71.00
General Location:
Packet Pg. 113
Attachment: ^Resolution LMD ABC (6.1--Public Hearing for Landscape Maintenance Districts) Alder Creek (Hacienda Heights), Units 7A, 7B, 8 and 9, generally located near the intersection of Shasta View Drive and Palacio Drive; Almaden Estates, Units 1 and 2, generally located at the intersection of Placer Street and Buenaventura Boulevard; Carriage Glen Estates, Units 5A, 5B and 6, generally located east of Shasta View Drive near Castlewood Drive; Copper Creek, Units 1, 2, and 3, generally located along Shasta View Drive, Rancho Road, and Goodwater Avenue; Darsha Lane, generally located south of Old Alturas Road off Oak Mesa Lane; East Redding Estates, Unit 1, generally located east of Victor Avenue on the south side of East Cypress Avenue; Forest Homes, Phase 3, Unit 3, generally located at the intersection of Shasta View Drive and Leonard Street; Girvan Estates, Unit 1, generally located at Girvan Road and Pit Road; Gold Hills, Units 3A, 5, 6, R1, and R2, generally located in various locations at the east side of Gold Hills Country Club; Heritage Oaks, generally located south of Old Alturas Road off Oak Mesa Lane; Highland Oaks, Unit 4, generally located at the intersection of Shasta View Drive and Castlewood Drive; Land Park, Units 1, 2, 3, 4, and R1, generally located west of the intersection of Buenaventura Boulevard and Sutro Mine Road; Monterey Springs, Units 1 and 2, generally located at the intersection of Churn Creek Road and Palacio Drive; Mountain View Heights, Unit 4, generally located west of Shasta View Drive near Palacio Drive; Oak Meadows Estates, Unit 1, generally located east of the intersection of Shasta View Drive and Galaxy Way; Oak Mesa Estates, Unit 2, generally located south of Old Alturas Road off Oak Mesa Lane; Quai Hollow, Unit 3, generally located north of the intersection of Churn Creek Road and Palacio Drive on Olympic Street; Ravenwood Estates, Units 11, 12, 13, 14, 15, 16, and 18, generally located near the intersection of Old Alturas Road and Rose Tree Lane; Robles North, Units 1 and 2, generally located at the intersection of Meadowview Drive and Robles Drive; Shasta View Manor, Unit 1, generally located near the intersection of Tarmac Road and Charade Way; St. Thomas Heights, Unit 1, generally located at the intersection of Hilltop Drive and St.
Thomas Parkway; Stillwater Heights, Units 1, 2, 3, and 4, generally located at the intersection of Old 44 Drive and Carson Drive; and Tierra Bendito, generally located south of Old Alturas Road off Oak Mesa Lane.
C Miscellaneous $7.46 $0.00
General Location:
Blossom Park, Units 1, 2, 3, 4, 5, R1 and R3, generally located near the intersection of Churn Creek Road and Constitution Way; Churn Creek Park, including Unit R1, generally located near the intersection of Churn Creek Road and Constitution Way; Fairway Estates, Units 1 and R1, generally located at the east end of Poppy Hills Drive; Forest Hills Estates, Units 1 and R1, generally located at the south end of Heritagetown Drive; and Potter Manor, Unit 1, generally located at the intersection of Shasta View Drive and Galaxy Way.
Packet Pg. 114
Attachment: ^Resolution LMD ABC (6.1--Public Hearing for Landscape Maintenance Districts) I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 16th day of July, 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. 115
Attachment: ^Resolution LMD ABC (6.1--Public Hearing for Landscape Maintenance Districts) RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING:
(1) CONFIRMING THE MAPS OF THE ASSESSMENT DISTRICTS
CONTAINED IN THE ENGINEERS’S REPORTS ON FILE WITH
THE CITY CLERK;
(2) CONFIRMING THE ANNUAL ASS ESSMENTS AND ORDERING
THE LEVY AMOUNTS F ISCAL YEAR 2024-25 PURSUANT TO
THE LANDS CAPING AND LIGHTING ACT OF 1972,
COMMENCING WITH S ECTION 22500 OF THE STREETS AND
HIGHWAYS CODE
WHEREAS:
A. On June 18, 2024, by Resolution No. 2024-052, the City Council approved the Reports of the Engineer as filed with the City Clerk relating to the Landscape Maintenance Districts outlined in the table below and gave notice of the time and place of the July 1 6, 2024, public hearing regarding the levy an d collection of assessments for Fiscal Year 2024-25; and
B. A general location of each District is included in the table below and maps of these Districts are attached to the Engineer’s Reports on file with the City Clerk ; and
C. The purpose of these Districts is to provide maintenance to those landscaping improvements required within the public rights-of-way and/or easements by the conditions of development approval for each District and the general locations as outlined in the table below; and
D. The Engineer has filed his Reports with the City Clerk pursuant to Streets and Highways Code Section 22565, et seq.; and
E. This Resolution is made in satisfaction of those requirements set forth in the Streets and Highways Code Section 22631; and
F. The assessments for Fiscal Year 2024-25 are not an increase within the meaning of Streets and Highways Code §22630.5 because the cost of living adjustment provided for herein was approved at the time of the formation of the Districts; and
G. The public hearing, duly and properly noticed, commenced at the Council Chambers, 777 Cypress Avenue, Redding, California , on July 1 6, 2024, and was concluded prior to the adoption of this Resolution. At the public hearing, the Council gave every interested person an opportunity to object to the proposed assessments; and
H. All legal prerequisites to the adoption of this Resolution have occurred;
Packet Pg. 116
Attachment: ^Resolution All Other LMDs (6.1--Public Hearing for Landscape Maintenance Districts) NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL THAT:
1. The matters set forth above are true, and correct, and are adopted herein.
2. The Report of the Engineer, on file with the City Clerk, contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed a ssessments u pon the a ssessable a cres and remaining parcels within the District.
3. The existing improvements for each subdivision in the District are set forth in Part B of the Engineer’s Reports on file with the City Clerk.
4. Pursuant to Streets and Highways Code Section 22631, the maps of the assessment districts addressed herein and contained in the Report of the Engineer are confirmed.
5. The general locations of the acres and remaining parcels in the District are set forth in Part A of the Engineer’s Reports on file with the City Clerk.
6. Only costs for the maintenance of landscaping, miscellaneous lighting, mulching, vandalism, repairs to the irrigation system, electric and water charges, replacement of vegetation as necessary, removal of trimmings, rubbish, and deb ris, maintenance of the detention basin, and other improvements to remove or cover graffiti, administrative costs, painting of any walls, and su ch other maintenance and incidental expenses as are authorized by Streets and Highways Code Sections 22526 and 22531 will be assessed.
7. The assessments against each developable lot or remaining parcel located within the Districts for Fiscal Year 2024-25 are confirmed, adopted, and levied as outlined in the table below, except that an assessment shall not be levied on property owned by a federal or state governmental agency or another local agency.
8. The City Clerk shall forthwith transfer to the Auditor-Controller and Assessor-Recorder of Shasta County a certified copy of this Resolution and a certified copy of the assessment maps contained in the Engineer’s Reports for the Landscape Maintenance Districts outlined in the table below.
9. The City Clerk gave notice of said hearing pursuant to the Streets and Highways Code Section 22626(a).
LMD District Name General Location Proposed
Assessment
Proposed
Levy
D The Vistas North of Quartz Hill Road at the
intersection with Terra Nova Drive $935.34 $395.74
Packet Pg. 117
Attachment: ^Resolution All Other LMDs (6.1--Public Hearing for Landscape Maintenance Districts) LMD District Name General Location Proposed
Assessment
Proposed
Levy
E Blue Shield At the intersection of Bechelli Lane
and South Bonnyview Road
$11,524.73 $6,366.00
F Placer Pines West of Placer Street at the
intersection with Boston Avenue $248.42 $169.76
G Quail Run South of Marlene Avenue at the
intersection with Cockerill Drive $469.33 $276.44
H Clover Creek
Village
West of Airport Road at the
intersection with Preserve Boulevard $243.38 $199.78
H1 Clover Creek
Village, Zone 1
West of Airport Road at the
intersection with Preserve Boulevard $144.54 $92.68
J
Sunset
Avenues, Units
1 and 2
North of State Route 299 at the
intersection with Buenaventura
Boulevard
$815.73 $469.64
K Nob Hill West of Almond Avenue near the
intersection with Shasta Street $406.20 $332.00
L Terra Vista East of Churn Creek Road at the
intersection with Loma Vista Drive $619.08 $265.24
M
Parkview/
Leland
Between Lanning Avenue and Leland
Avenue south of Fell Street $423.49 $358.32
N
Villages at
Shasta View
Gardens
West of Shasta View Drive at the
intersection with Tarmac Road $82.53 $61.42
O Nicolet Estates West of East Bonnyview Road at the
intersection with Nicolet Lane $1,440.95 $825.00
Packet Pg. 118
Attachment: ^Resolution All Other LMDs (6.1--Public Hearing for Landscape Maintenance Districts) LMD District Name General Location Proposed
Assessment
Proposed
Levy
P Mill Pond
Estates
East of East Bonnyview Road at the
south end of Mill Pond Lane $894.57 $520.00
Q Clover Acres,
Units 1 and 2
Near the intersection of Wimbledon
Drive and Agassi Street $313.24 $226.78
R Cerro Vista South of Radio Lane at the
intersection with Cerro Lane $440.98 $249.66
S Fleur Du Lac West of Shasta View Drive at the
intersection with Voltaire Way $288.29 $208.92
S1
Fleur du Lac,
Zone 1
West of Shasta View Drive at the
intersection with Goren Court $602.15 $340.10
T Redwood
Meadows
At the intersection of Marijean Way
and Redwood Boulevard $1,203.16 $627.00
U Bel Air Estates West of the intersection with Quartz
Hill Road and Stone Canyon Drive $116.44 $0.00
V Lakeside
Avenues
East of Buenaventura Boulevard at
the intersection with Lakeside Drive $817.65 $367.64
W
Crown
Meadows
Estates
South of Girvan Road at the
intersection with Pit Road $200.43 $140.10
01-06 Tarmac Ridge
Villas (Sonata)
West of Shasta View Drive at the
intersection with Tarmac Road $340.51 $158.50
02-06 Galaxy Way At the west end of Galaxy Way at the
intersection with Morningsun Drive $562.10 $199.40
Packet Pg. 119
Attachment: ^Resolution All Other LMDs (6.1--Public Hearing for Landscape Maintenance Districts) LMD District Name General Location Proposed
Assessment
Proposed
Levy
03-06 Hope
Subdivision
East of Hope Lane at the intersection
with Carnegie Drive $613.08 $147.78
04-06 Rivercrest
Estates
East of Bechelli Lane south of the
intersection with Woodacre Drive $519.99 $278.86
05-06 Monopoly
Estates
Along Boardwalk Place at the
intersection with Wyndham Lane $1,131.78 $0.00
06-06 Lowe's HIW North of East Cypress Avenue at the
intersection with Alfreda Way $28,858.92 $15,118.00
07-06 Buckeye Pines West of Lake Boulevard at the
intersection with Wilmington Way $799.21 $476.24
08-06
Shastina Ranch
(Stonesfair/
Silverstone
annex.)
Along Shasta View Drive from
Rancho Road to Airport Road $809.76 $430.34
09-06 Buenaventura
Park
South of Waushara Avenue at the
intersection of Piper Way $703.22 $417.14
11-06 Tuscany
Village
East of Gold Hills Drive at the
intersection with Oasis Road $397.45 $0.00
01-07
State
Compensation
Insurance
East of Shasta View Drive at the
intersection of Tarmac Road $923.07 $923.06
02-07 Hilltop Center East of Hilltop Drive at the
intersection of Browning Street $889.09 $889.08
02-09 Placer West
On the southerly side of Placer Road
between Mary Lake Drive and
O'Connor Avenue
$1,276.42 $655.00
03-09 Highland Park Just east of Interstate 5 south of State Route 299E, west of Churn Creek
$369.55 $323.98
Packet Pg. 120
Attachment: ^Resolution All Other LMDs (6.1--Public Hearing for Landscape Maintenance Districts) LMD District Name General Location Proposed
Assessment
Proposed
Levy
Road, and north of Browning Street
01-11
River Ridge
Park/Terrace
and Stanford
Manor
On the south side of Quartz Hill
Road, easterly one-quarter mile from
River Ridge Drive to 150 feet west of
White Sail Drive
$140.96 $123.10
02-11 River Park
Highlands
At the intersection of Benton Drive
and River Park Drive and along River
Park Drive
$110.95 $103.26
03-11
River Heights
and River
Heights PD
At the intersection of Hilltop Drive
and River Bend Road and along
River Bend Road
$335.08 $293.08
01-13 College
Highlands
On the west side of Shasta View Dr.
between Simpson Blvd. and Palacio
Dr.
$295.93 $276.40
02-14 Westside
At the intersection of Placer Street
and Boston Avenue, White Hawk
Estates, Units 2 and 3 generally
located at the intersection of Teton
Drive and Crescent Moon Drive, and
Ridge View Estates located at the
intersection of Placer Road and
Cumberland Drive
$93.57 $91.72
03-14 Browning
Pointe
On the west side of Browning Street
Boulevard from Old Alturas Road to
Friendly Road
$764.22 $764.22
01-15 Hidden Hills At Bodenhamer Boulevard and
Rollingview Drive $87.08 $87.06
02-16 Shasta View
SW
On the west side of Shasta View from
Castlewood Drive to Pacific Avenue $76.87 $76.86
Packet Pg. 121
Attachment: ^Resolution All Other LMDs (6.1--Public Hearing for Landscape Maintenance Districts) LMD District Name General Location Proposed
Assessment
Proposed
Levy
03-16 River Pointe Calgary Place and Beretta Lane and a portion of Oxbow Street $205.38 $192.02
01-17 Salt Creek
Heights
The subdivision north of Sunflower
Drive at the intersection of
Buenaventura Boulevard
$534.90 $474.70
01-19 Monroe
East of Shasta View Drive on the
south side of Oasis Road on the
center medians and the north side of
Oasis Road
$529.33 $502.70
02-19
Center Court
Village (Elk
Crest annex.)
At both parkway strips of Palm
Springs Drive, at the corners of
Sampras Drive and Goolagong
Drive, and at the corners at
Goolagong Drive and Argyle Road
$270.67 $233.02
01-20 Rio (Wyndham
Pointe)
Along Wyndham Lane crossing Thea
Drive, a section of the parkway strips
at Thea Drive, and at the intersection
of Ginny Court and Lagoon Drive
$906.43 $419.62
01-22
Luke Estates
On the south side of Old Alturas
Road, east of Oak Mesa Lane, and
west of Shasta View Drive.
$1,573.94 $1,159.44
Packet Pg. 122
Attachment: ^Resolution All Other LMDs (6.1--Public Hearing for Landscape Maintenance Districts) I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 16th day of July, 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. 123
Attachment: ^Resolution All Other LMDs (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 124
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 125
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 126
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 127
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 128
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 129
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 130
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 131
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 132
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 133
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 134
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 135
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 136
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 137
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 138
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 139
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 140
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 141
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 142
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 143
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 144
Attachment: LMD A Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 145
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 146
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 147
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 148
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 149
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 150
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 151
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 152
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 153
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 154
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 155
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 156
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 157
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 158
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 159
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 160
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 161
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 162
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 163
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 164
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 165
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 166
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 167
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 168
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 169
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 170
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 171
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 172
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 173
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 174
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 175
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 176
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 177
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 178
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 179
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 180
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 181
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 182
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 183
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 184
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 185
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 186
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 187
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 188
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 189
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 190
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 191
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 192
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 193
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 194
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 195
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 196
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 197
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 198
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 199
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 200
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 201
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 202
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 203
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 204
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 205
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 206
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 207
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 208
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 209
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 210
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 211
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 212
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 213
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 214
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 215
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 216
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 217
Attachment: LMD B Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 218
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 219
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 220
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 221
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 222
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 223
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 224
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 225
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 226
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 227
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 228
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 229
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 230
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 231
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 232
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 233
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 234
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 235
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 236
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 237
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 238
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 239
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 240
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 241
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 242
Attachment: LMD C Engineer's Report 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 243
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 244
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 245
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 246
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 247
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Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 426
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 427
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 428
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 429
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 430
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 431
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 432
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 433
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 434
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 435
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 436
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 437
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 438
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 439
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 440
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 441
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 442
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 443
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 444
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 445
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 446
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 447
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 448
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 449
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 450
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 451
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 452
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 453
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 454
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 455
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 456
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 457
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 458
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 459
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 460
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 461
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 462
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 463
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 464
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 465
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 466
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 467
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 468
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 469
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 470
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 471
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 472
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 473
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 474
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 475
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 476
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 477
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 478
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 479
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 480
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 481
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 482
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 483
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 484
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 485
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 486
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 487
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 488
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 489
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 490
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 491
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 492
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 493
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 494
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 495
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 496
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 497
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 498
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 499
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 500
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 501
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 502
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts) Packet Pg. 503
Attachment: LMD Engineer's Report (Excluding LMD A, B, & C) 2024-25 (6.1--Public Hearing for Landscape Maintenance Districts)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Conduct a Public Hearing and, upon conclusion, adopt Resolution relative to Sanitary Sewer Maintenance Districts (SSMD) 01-07 Hope Lane and 01 -19 Seven Bridges, authorizing the following:
(1) Confirming the map of the assessment district as contained in the Engineer's Reports for SSMD 01-07 and SSMD 01-19; and
(2) Approving and confirming the annual assessments and ordering the levy amounts shown for Fiscal Year 2024 -25 pursuant to the Improvement Act of 19 11, Chapter 26, Maintenance Districts, Streets and Highways Code Section 5820, et seq.
Fiscal Impact
Generally, SSMD are self -supporting, and there is no fiscal impact to the City of Redding's (City) General Fund budget.
Alternative Action
The City Council (Council) may decide to provide alternative direction to staff or make changes to the Engineer’s Report. This alternative may result in underfunding the SSMDs moving forward or subject the City to litigation if the actual costs are not properly allo cated in accordance with California State law.
Background/Analysis
This public hearing concerns the acceptance of testimony regarding the setting of the annual assessment and levy amounts to maintain the facilities in SSMD 01 -07 and SSMD 01 -19.
Following the hearing, the Council may take final action regarding the proposed annual assessments and levy amounts for Fiscal Year 2024–25.
MEETING DATE: July 16, 2024
ITEM NO. 6.2
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 6.2--Public Hearing to consider Resolution regarding Sanitary Sewer Maintenance District 01-07 Hope Lane and 01-19 Seven Bridges.
Michael Webb, Public Works
Director
Packet Pg. 504
Report to Redding City Council July 9, 2024
Re: 6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19 Page 2
These SSMDs were formed to comply with the conditions of approval for the Hope Lane Subdivision, (S -12-03) and Seven Brid ges Subdivision, (S -03-09/PD-1-09/RZ-2-09). These subdivisions were unable to utilize a standard gravity sewer line, and the subdivision’s conditions of development state that the costs of maintenance and operation of the lift station will be borne by the tributary property owners. Use of a sanitary sewer maintenance district ensures that the majority of maintenance responsibilities are borne by the owners of lots within the respective districts and not by other utility customers.
The proposed annual asses sments for the SSMDs have been increased by an annual inflation adjustment which is tied to the “20 Cities Construction Cost Index” from the most recent March issue of Engineering News Record . This proposed assessment increase was developed pursuant to a m ethodology established at the time of the formation of the SSMD. The calculated levies reflect anticipated maintenance needs of the districts for Fiscal Year 2024 -25. The proposed levy for SSMD 01 -07 is less than the proposed assessment because the mainten ance needs of this district for this fiscal year can be met at a lower levy amount. The proposed levy for SSMD 01-19 is at the proposed assessment because the subdivision has not been fully developed.
SSMD District Name General Location Proposed
Assessment
Proposed
Levy
01-07 Hope Lane At the intersection of Hope Lane and
Carnegie Drive
$ 521.77 $ 258.66
01-19 Seven Bridges At the intersection of Oasis Road and Rialto Parkway
$ 189.31 $ 189.30
A legal advertisement notifying the proposed annual assessm ent and public hearing was placed in the local newspaper which explained the proposed increase from the current assessment for Fiscal Year 2024 –25. As of this writing, City staff has received no protest from lot owners regarding the proposed assessment.
Environmental Review
This activity is not a project as defined by the California Environmental Quality Act (CEQA).
On January 25, 2005, the Planning Commission adopted the CEQA Mitigated Negative Declaration for the Hope Lane Subdivision, and on March 10, 2015, the Planning Commission adopted the CEQA Mitigated Negative Declaration for the Hope Lane Phase 2 Subdivision. On September 7, 2010, Council adopted the CEQA Mitigated Negative Declaration for the Seven Bridges Subdivision. No further action is required.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10 -year Financial Plans for all funds.”
Attachments
^Resolution
^Location Map
SSMD 1-07 Engineer's Report 2024-25
SSMD 1-19 Engineer's Report 2024-25
Packet Pg. 505
RESOLUTION NO. 2024-____
SANITARY SEWER MAINTENANCE DISTRICTS: SSMD 01-07 AND
SSMD 01-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
(1) CONFIRMING THE MAP S OF THE ASSESSMENT DISTRICT
CONTAINED IN THE ENGINEER’S REPORT S ON FILE WITH
THE CITY CLERK;
(2) CONFIRMING THE ANNUAL ASSESSMENT AND ORDERING
THE LEVY AMOUNT FOR FISCAL YEAR 2025-26 PURSUANT
TO THE IMPROVEMENT ACT OF 1911
WHEREAS:
A. On June 18, 2024, by Resolution No. 2024-056, the City Council (Council) approved the Reports of the Engineer as filed with the City Clerk relating to Sanitary Sewer Maintenance District 01 -07 and 01-19 (Districts), and gave notice of the time and place of the July 16, 2024, public hearing regarding the levy and collection of the assessment for Fiscal Year 2024-25; and
B. A general location of the Districts are included in the table below, and a map is attached to the Engineer’s Reports on file with the City Clerk; and
C. The publ ic hearing, duly and properly noticed, commenced at the City Council Chambers, 777 Cypress Avenue, Redding, California on July 16, 202 4, and was concluded prior to the adoption of this resolution. At the public hearing, the Council gave every interested person an opportunity to object to the proposed assessment; and
D. The assessment for Fiscal Year 2024-25 is outlined in the table below. This assessment does not represent an increase within the meaning of the Streets and Highways Code because the Fiscal Year 2024-25 cost of living adjustment in the amount of 2.7 percent is pursuant to a methodology approved at the time of the formation of the Districts; and
E. All legal prerequisites to the adoption of this resolution have occurred;
NOW, THEREFORE, THE CITY COUNCIL FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. The matters set forth above are true and correct.
2. The maps of the assessment district contained in the Engineer's Reports are confirmed.
3. The Council has considered all oral statements and written protests or communications made or filed by interested persons at the public hearing of July 16, 2024, and expressly overrules any and all protests filed objecting to the proposed annual assessment and levy amount in the Districts.
Packet Pg. 506
Attachment: ^Resolution (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19)
4. The Council finds that the Engineer’s Report s have fairly and properly apportioned the costs of the improvements to each developable lot, remaining parcel, or assessable acre of land in the district in proportion to the esti mated benefits to be received by each developable lot, remaining parcel, or assessable acre from the improvements.
5. The assessment against each developable lot, remaining parcel, or assessable acre located within the District for Fiscal Year 2024-25 is confirmed, adopted, and levied as outlined in the table below, except that an assessment shall not be levied on property owned by a federal or state governmental agency or another local agency.
6. The City Clerk shall forthwith transfer to the Auditor Control ler and the Assessor Recorder of Shasta County a certified copy of this Resolution and a certified copy of the assessment district map s contained in the Engineer’s Report s for Sanitary Sewer Maintenance District 01-07 and 01-19.
7. That the City Clerk gave notice of said hearing pursuant to the Streets and Highways Code Section 22626(a).
SSMD District Name General Location Proposed
Assessment
Proposed
Levy
01-07 Hope Lane At the intersection of Hope Lane and
Carnegie Drive $ 521.77 $ 258.66
01-19 Seven Bridges At the intersection of Oasis Road and Rialto Parkway $ 189.31 $ 189.30
I HEREBY CERTIFY that the fore going resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 16th day of July, 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. 507
Attachment: ^Resolution (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 508
Attachment: ^Location Map (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 509
Attachment: SSMD 1-07 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 510
Attachment: SSMD 1-07 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 511
Attachment: SSMD 1-07 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 512
Attachment: SSMD 1-07 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 513
Attachment: SSMD 1-07 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 514
Attachment: SSMD 1-07 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 515
Attachment: SSMD 1-07 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 516
Attachment: SSMD 1-07 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 517
Attachment: SSMD 1-19 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 518
Attachment: SSMD 1-19 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 519
Attachment: SSMD 1-19 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 520
Attachment: SSMD 1-19 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 521
Attachment: SSMD 1-19 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 522
Attachment: SSMD 1-19 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 523
Attachment: SSMD 1-19 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19) Packet Pg. 524
Attachment: SSMD 1-19 Engineer's Report 2024-25 (6.2--Public Hearing Sanitary Sewer Maintenance Districts 01-07 and 01-19)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Conduct a Public Hearing a nd, upon conclusion, if the total record of protests by the owners of lodging businesses within the proposed Redding Tourism Marketing Business Improvement District (RTMBID) is less than 50 percent of the estimated total assessment of the RTMBID:
(1) Adopt Resolution declaring the results of the majority protest proceedings and renewing the RTMBID until December 31, 2035; and
(2) Approve an Agreement for Services with the Redding Tourism Marketing Group for t he period January 1, 2026 through December 31, 2035.
Fiscal Impact
None immediately. The City of Redding (City) will receive a fee of one percent of the amount collected to cover administration costs. It is anticipated that the Redding Tourism Marketing Business Improvement District ( RTMBID) marketing programs will increase visitation to the City, thereby increasing transient occupancy tax and sales tax collections.
Alternative Action
If a majority protest is received, t he City Council (Council) would be required to dismiss the Resolution declaring the results of the majority protest proceedings of the RTMBID. If majority protest is not an issue, and the Council is not in agreement with the conditions of the RTMBID renewal, it could return the matter to staff with additional direction.
MEETING DATE: July 16, 2024
ITEM NO. 6.3
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 6.3--Public Hearing to consider renewal of the Redding Tourism Marketing Business Improvement District.
Jason Gibilisco, Management
Assistant to the City Manager
Packet Pg. 525
Report to Redding City Council July 8, 2024
Re: 6.3--Public Hearing - Tourism Marketing Business Improvement District Page 2
Background/Analysis
At its meeting on May 21, 2024, t he Council adopted a Resolution of Intention to renew the existing RTMBID for a 10-year term, funded by an assessment on lodging industry receipts. That action directed staff to proceed with the noticing and setting of the required Public Meeting and the Public Hearing. Per the California Streets and Highways Code, at least 50 percent of the weighted written petitions in support of the RTMBID renewal were submitted to the City Clerk’s Office prior to the May 21 meeting, thus allowing the Council to set this Public Hearing.
On June 1 8, 20 24, the Public Meeting was held and no concerns were voiced. T his Public Hearing fulfills the final step required by law to allow the renewal of the RTMBID. Local hotel- industry participants representing a large majority of lodging revenues ( more than 70 percent ) have endorsed the renewal through signed petitions. Staff anticipates there will be little or no opposition expressed at the Public Hearing, leaving the Council free to approve the renewal of the RTMBID. It also is recommended that an Agreement for Services between the City and the Redding Tourism Marketing Group (RTMG) outlining the RTMG’s obligations be ratified by the Council at the time of final approval of the renewal of the RTMBID.
Establishments within the RTMBID, which encompasses the City, would continue to charge an additional two percent fee on all overnight stays. It is expected that approximately $1.4 million annually will be generated, with the revenue to be used specifically for marketing and advertising the Redding area.
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
^Agreement for Service
Packet Pg. 526
1 RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS AND
RENEWING THE REDDING TOURISM MARKETING BUSINESS
IMPROVEMENT DISTRICT (RTMBID)
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 District Law of 1994 (Streets and Highways Code §36600 et. seq.) authorizes the City to renew business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the district; and
WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the RTMBID have petitioned the City Council to renew the RTMBID; and
WHEREAS, the renewed RTMBID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City; and
WHEREAS, included with the petitions was a Management District Plan (Plan) summary that describes the proposed assessment to be levied on all lodging businesses , existing and in future, available for public occupancy within the RTMBID to pay fo r marketing and sales promotion programs and other improvements and activities set forth in the Plan; and
WHEREAS, the assessed lodging businesses within the RTMBID will receive a specific benefit from the activities and improvements set forth in the Plan; and
WHEREAS, on May 21, 2024, at 6:00 PM at City Council Chambers, 777 Cypress Ave, Redding, CA 96001, the City Council adopted a Resolution of Intention, Resolution No. 2024-044; and
WHEREAS, the public meeting and public hearing to consider the renewal of the RTMBID have been properly noticed in accordance with Streets and Highways Code §36623; and
WHEREAS, on June 18, 2024, at 6:00 PM at City Council Chambers, 777 Cypress Ave, Redding, CA 96001, the City Council held a public meeting regarding the renewal of the RTMBID, and the City Council heard and received objections and protests, if any, to the renewal of the RTMBID and the levy of the proposed assessment; and
Packet Pg. 527
Attachment: ^Resolution (6.3--Public Hearing - Tourism Marketing Business Improvement District) 2 WHEREAS, on July 16, 2024, at 6:00 PM at City Council Chambers, 777 Cypress Ave, Redding, CA 96001, the City Council held a public hearing regarding the renewal of the RTMBID, and the City Council heard and received all objections and protests, if any, to the renewal of the RTMBID and the levy of the proposed assessment; and
WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the renewed RTMBID which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business; and
WHEREAS, the City bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a ta x, that the amount is no more than necessary to cover the costs to the City in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the sp ecific benefits or specific government services received by the payor;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct.
2. The RTMBID is hereby renewed for a ten (10) year term, beginning January 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date.
3. The Plan dated January 4, 2024, is hereby adopted and approved.
4. The activities to be provided to benefit businesses in the RTMBID will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the RTMBID; to provide ac tivities or improvements outside the RTMBID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the RTMBID boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the RTMBID.
5. The City Council finds as follows:
a) 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 excee d 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 Packet Pg. 528
Attachment: ^Resolution (6.3--Public Hearing - Tourism Marketing Business Improvement District) 3 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.
b) The activities funded by the assessment will provide a specific benefit to assessed businesses within the RTMBID that is not provided to those not paying the assessment.
c) The assessment is a charge imposed for 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.
d) The assessment is a charge imposed for 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.
e) Assessments imposed pursuant to the RTMBID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the “ TMBID Assessment” or “Tourism Assessment.”
6. The assessments levied for the RTMBID shall be applied towards marketing and sales promotion programs to market City of Redding lodging businesses as tourist, meeting and event destinations, and other improvements and activities.
7. Assessments levied on lodging businesses pursuant to this Resolution shall be levied on the basis of benefit. Because the services provided are intended to increase sleeping room rentals, an assessment based on gross short -term sleeping room rental revenue is the best measure of benefit.
8. The assessments for the entire RTMBID will total approximately $1,400,000 in year one (1).
9. Bonds shall not be issued to fund the RTMBID.
10. The RTMBID shall include all lodging business , existing and in the future, available for public occupancy located within the boundaries of the City of Redding. A boundary map is attached hereto and incorporated herein by reference.
11. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the RTMBID assessment is levied as long as they are used consistent with the requirements set forth herein.
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Attachment: ^Resolution (6.3--Public Hearing - Tourism Marketing Business Improvement District) 4 12. The assessments to fund the activities and improvements for the RTMBID will be collected by the City on a monthly basis, and in accordance with Streets and Highways Code §36631.
13. The City Council, through adoption of this Resolution and the 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., shall be the RTMBID Owners’ Association.
14. Redding Tourism Marketing Group, Inc., pursuant to Streets and Highways Code §36650, 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 improvement and activities described in the report. The first report shall be due after the first year of operation of the RTMBID.
15. The RTMBID renewed pursuant to this Resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.).
16. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the renewal of the RTMBID and to levy the assessments.
17. This Resolution shall take effect immediately upon its adoption by the City Council.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 16th day of July, 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
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Attachment: ^Resolution (6.3--Public Hearing - Tourism Marketing Business Improvement District) 5 Boundary Map
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CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Informational item only.
Attachments
RDD Press Release
MEETING DATE: July 16, 2024
ITEM NO. 9.2(c)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 9.2(c)--Oral report providing an update regarding the Redding Regional Airport.
Steve Bade, Assistant City
Manager
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The City of Redding Provides an Update on Recent Changes at the Redding Regional Airport
Redding Regional Airport (RDD) staff has been hard at work supporting continued growth amid some recent, unexpected changes at the airport.
“We’re in a season of change at the Redding Regional Airport, and while change can be challenging, it can also be a growth opportunity. We see a future with more opportunities for travelers in and out of the Redding Regional Airport. RDD continues to grow thanks to consistent support from travelers throughout Northern California and the hard work of our airport staff, ” says Steve Bade, Assistant City Manager with the City of Redding.
FAA Funding Update:
The City of Redding has been diligently working with the Federal Aviation Administration (FAA) staff to fund the Redding Regional Airport (RDD) Runway Rehabilitation Project. The project includes updates to the runway, taxiway connectors, blast pad (runway stop way), pavement markings, runway LED lighting, electrical improvements and sign legends. The project was found by the FAA to meet the eligibility and justification requirements and the project scope was appropriate and sized correctly for RDDs needs.
The FAA recently announced that it will be unable to provide funding for RDDs Runway Rehabilitation Project due to funding challenges on several high-priority projects. City staff continues to work with our FAA partners and Redding Airport Constructors, the project’s sole bidder, to consider alternative approaches, including phasing the Runway Rehabilitation Project with a portion of Fiscal Year 2024 and 2025 FAA funds. “The City and FAA have established a great partnership, and as City staff works through this process, we will keep the community updated, ” says Bade.
For more updates, please refer to the project website: www.cityofredding.gov/runwayrehab. -more-
PRESS RELEASE
6751 Woodrum Circle, Suite 200
Redding, California 96002
For Immediate Release:
July 10, 2024
Contact:
Steve Bade, Assistant City Manager
phone: 530-245-7129
email: [email protected]
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Attachment: RDD Press Release (9.2(c)--Oral Report Providing an Update on Redding Regional Airport) Continued Page 2: The City of Redding Provides an Update on Recent Changes at the Redding Regional Airport
Avelo Airlines
“We’ve heard the disappointment from the community regarding Avelo Airlines’ decision to leave Redding, and we want to assure the community that every measure was taken to continue Avelo’s service here.
Unfortunately, the other potential options for ground handlers couldn’t fit into Avelo’s cost model, ” says Bade.
Redding Regional Airport is not the only market Avelo is leaving. In early July, Avelo announced six other market exits.
RDD continues to grow thanks to consistent support from travelers throughout Northern California. Passengers can travel between Redding and the Los Angeles/Hollywood area on United Airlines through Los Angeles International Airport (LAX). Additionally, RDD continues to provide flight service to and from San Francisco through United Airlines and Seattle through Alaska Airlines.
RDD is actively pursuing additional flight services to other destinations.
Airport Manager
In May 2024, the City of Redding partnered with a consulting firm to find the ideal candidate for the Airport Manager position. The job posting closed on May 26, 2024. Twenty-three qualified applications from around the country were received. The City and consultants are in the second round of the interview process and will provide the community with an update in August 2024.
Bade says, “The airport has several strong contenders for this role, and we’re confident that once a candidate is selected, we’ll be able to hit the ground running, bringing even more exciting changes to the Redding Regional Airport. ”
An oral report on the Redding Regional Airport will be given at the upcoming Redding City Council Meeting scheduled for Tuesday, July 16th, 2024.
###
PRESS RELEASE
6751 Woodrum Circle, Suite 200
Redding, California 96002
For Immediate Release:
July 10, 2024
Contact:
Steve Bade, Assistant City Manager
phone: 530-245-7129
email: [email protected]
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Attachment: RDD Press Release (9.2(c)--Oral Report Providing an Update on Redding Regional Airport)