a. All vehicle gates must be equipped with an electronic device or keypad, which is mounted so that access is readily available to the driver seated in the automobile. The device shall be programmed to allow access when an emergency code is entered, or an electrical device shall be provided which will open the gate from a siren sound. Setting of the emergency code shall be done in coordination with the Redding Police Department (RPD).
b. All vehicle gates must be designed so that when the electricity is off, the mechanism becomes disengaged and the gate can be manually pushed open by a natural person. c. A Knox Box device shall be installed in a secure fashion in the immediate vicinity of the exterior of any vehicle gate to the satisfaction of the Fire Department. Maintained in the Knox Box at all times will be a key, code, or similar device which will provide access to the control mechanism in the event of malfunction. Also maintained in the box shall be a written description of how to access and disengage the control mechanism.
d. A pedestrian gate shall be installed adjacent to the vehicle gate. A key, code, or similar device providing access to the pedestrian gate shall also be maintained in the Knox Box.
e. Vehicle gates shall have a minimum opening clearance of 15 feet. f. All overhead appendices shall be constructed to provide an unobstructed vertical clearance of not less than 13 feet, 6 inches.
g. Vehicular security gates shall be set back a minimum of 15 feet from the edge of roadway.
g. Prior to final approval, representatives from the Fire Department, Police Department, and Department of Public works must test and inspect the access control for compliance with regulations.
6. Prior to final of any building permit associated with a gate, an access agreement allowing City staff access to Lot 20 for MS4 treatment inspection shall be recorded.
7. The covenants, conditions, and restrictions for the Riverstone Subdivision shall be amended to include maintenance of the following by the private home owner’s association (HOA):
a. Any gates and associated mechanical equipment that provide access to the subdivision. b. All frontage fencing/wall along Wyndham Lane.
c. All landscaping and hardscaping along the project frontage from back of curb to the main gate and Wyndham Lane fencing/wall.
Packet Pg. 521 Attachment: ^Staff Recommended Draft Conditions of Approval (6.1--Planned Development App PD-2023-01708 and Rezoning Application RZ- PD-2023-01708/Riverstone Planned Development Plan
d. All curb, gutter, sidewalk, and street interior to the subdivision and outside of the public right-of-way that forms a part of the shared access agreement between Lots 1 through 18.
e. All storm drain interior to the subdivision and outside of the public right-of-way. f. All street lights interior to the subdivision and outside of the public right-of-way.
Packet Pg. 522 Attachment: ^Staff Recommended Draft Conditions of Approval (6.1--Planned Development App PD-2023-01708 and Rezoning Application RZ-
CITY OF REDDING
REPORT TO REDDING PLANNING COMMISSION
Recommendation
Conduct a public hearing and, upon conclusion, (1) determine that the necessary findings for approval are in evidence; (2) recommend that the City Council adopt the Addendum to the previously adopted Mitigated Negative Declaration for Tentative Subdivision Map S-2023- 00582, Riverstone Subdivision, in accordance with the California Environmental Quality Act (CEQA); and (3) recommend that the City Council approve Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709, subject to the draft conditions of approval.
Project Description
Planned Development: Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709, by L&S Redding Development, LLC, requesting approval of a Planned Development Plan and rezoning for the previously approved Riverstone Subdivision.
Rezoning: The project site is zoned “RS-3.5-FP” Residential Single-Family District with Floodplain Overlay District. The application includes a rezoning request to change the project site’s zoning designation to “RS-3.5-PD-FP” Residential Single-Family District with Planned Development and Floodplain Overlay Districts.
PARCEL SIZE 10.5-ACRES
TERRAIN/VEGETATION The site is relatively flat and is currently being developed. Oak trees exist in the floodplain and along the perimeter. The remaining areas are recently graded or already improved.
MEETING DATE: October 22, 2024
ITEM NO. 4(b)1
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(b)1 - Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709, by L&S Redding Development, LLC, to add the “PD” Planned Development Zoning Overlay Designation to the previously approved Riverstone Subdivision, S-2023-00582 in order to allow for gated street access and private streets as proposed in the Planned Development Plan.
Danny Castro, Assistant
Planner
Packet Pg. 523 Packet Pg. 4 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application Report to Redding Planning Commission October 18, 2024
Re: 4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ2023-01709 Page 2 EXISTING LAND USE Currently under development
GENERAL PLAN DESIGNATION “Residential, 3.5 to 6 dwelling units per acre” and “Greenway.” ZONING DESIGNATION “RS-3.5-FP” Residential Single-Family District with Floodplain Overlay District.
SURROUNDING LAND USES
North: Single-family homes
East: The Sacramento River
South: Single-family homes
West: Single-family homes
Background
On December 12, 2023, the Planning Commission approved Tentative Subdivision Map Application S-2023-00582 for the Riverstone Subdivision. This a standard subdivision that adheres to all base district zoning regulations. The subdivision site consists of approximately
10.5 gross acres of land, is currently under development, and is surrounded on three sides with single-family residential development. Now, L&S Redding Development, LLC, is requesting approval of a Planned Development Plan and rezoning of the Riverstone Subdivision.
The Planned Development Plan proposes to privatize the public street and add a gate at the entrance. With approval of a Planned Development Plan, this is allowed under Section
17.60.020-5 of the Zoning Ordinance. The draft conditions of approval for the project include provisions for easements over public infrastructure, access to the private street by emergency services, and renaming of the streets in accordance with the private street naming criteria outlined in Section 17.64.020-B.4 of the Zoning Ordinance.
The previously approved Riverstone Subdivision already plans to provide adequate public services to the development as a condition of development. Because the Draft Conditions of Approval require the recordation and/or reservation of public service easements over all public utilities and streets originally required with the subdivision, adequate public services will continue to be provided with the addition of the Planned Development Overlay District zoning designation.
No changes to the recorded Final Map for the Riverstone Subdivision are proposed with this Planned Development application. This project does not propose any development in addition to the subdivision’s original proposal save for the installation of a gated access. The Draft Conditions of Approval require that the gate be set back a minimum of fifteen feet from the public right-of-way to allow for vehicles to stage in front of the gate without impeding traffic on Wyndham Lane. The entrance to the subdivision, including the gate, will be architecturally compatible with the land use character of the surrounding single-family residential development.
Packet Pg. 524 Packet Pg. 5 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application Report to Redding Planning Commission October 18, 2024
Re: 4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ2023-01709 Page 3 Environmental Determination
On December 12, 2023, the city of Redding previously certified a Mitigated Negative Declaration for the previously approved Riverstone Subdivision. Staff has determined that the preparation of an Addendum to the Mitigated Negative Declaration adopted for Tentative Subdivision Map S-2023-00582, Riverstone Subdivision, is appropriate under CEQA for the proposed Planned Development (see attached Addendum). The preparation of an Addendum to a previously-adopted environmental document is specifically provided for under CEQA, to address minor technical changes to a previously-approved project that do not alter the findings and determination of the adopted environmental document.
Public Comment
As of the writing of this staff report, no public comments have been received.
Project Conditions
The conditions for this project are attached.
Required Findings
The necessary findings of approval for the project are attached.
Planning Commission Authority
The Planning Commission typically has the authority to approve planned developments under Section 18.10.030 of the City’s Zoning Ordinance. However, in this case the City Council has the responsibility for approval of the rezoning application that the Planned Development is dependent upon. Therefore, the Planning Commission is asked to forward a recommendation on the project to City Council.
Alternatives
The following alternatives are offered for consideration:
1. Based upon a determination that the necessary findings for approval are in evidence, recommend that the City Council adopt the Addendum to the previously adopted Mitigated Negative Declaration for Tentative Subdivision Map S-2023-00582, Riverstone Subdivision, and approve Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709 subject to the draft conditions of approval. (Staff Recommendation)
2. Recommend the project for approval with modifications to the draft conditions that the Planning Commission deems necessary to support the project. Minor modifications may be incorporated into a motion for approval.
3. Recommend denial to the City Council of the tentative map and rezoning application.
Such action must be based upon a finding that the project is inconsistent with the General Packet Pg. 525 Packet Pg. 6 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application Report to Redding Planning Commission October 18, 2024
Re: 4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ2023-01709 Page 4 Plan or other City development standards or poses a threat to public health, safety, or welfare. Staff has not identified any justification for denial of the project.
Conclusion
The proposed Planned Development, as conditioned, represents a revision to the Riverstone Subdivision that would allow it to become a private gated community. Staff recommends that the Planning Commission forward a recommendation to the City Council to approve Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709 in accordance with Alternative 1 listed above.
c:
L&S Redding Development, LLC
Sharrah Dunlap Sawyer, Inc.
Attachments
Addendum to MND
Findings
Draft Conditions
Draft Rezoning Ordinance
Location Map
General Plan Map
Zoning Map
Proposed Zoning Map
Planned Development Plan
Riverstone Subdivision Recorded Map
Packet Pg. 526 Packet Pg. 7 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application
ADDENDUM TO A MITIGATED NEGATIVE DECLARATION
Addendum to Mitigated Negative Declaration
Prepared for Tentative Subdivision Map S-2023-00582, Riverstone Subdivision Planned Development Application PD-2023-01708
Rezoning Application RZ-2023-01709
SUBJECT Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709, by L&S Redding Development, LLC, requesting approval of a Planned Development Plan and rezoning of property known as the Riverstone Subdivision and shown as Lots 1 through 20 on Final Map S-2023-00582, filed in Book 25 of Maps, at Page 44, Shasta County records.
PROJECT DESCRIPTION L&S Redding Development, LLC, is requesting approval of a Planned Development Plan and rezoning of property known as the Riverstone Subdivision and shown as Lots 1 through 20 on Final Map S-2023-00582, filed in Book 25 of Maps, at Page 44, Shasta County records. The rezoning would change the property’s zoning designation from “RS-3.5-FP” Residential Single-Family District with Floodplain Overlay District to “RS-3.5-PD-FP” Residential Single-Family District with Planned Development and Floodplain Overlay Districts.
The addition of the Planned Development Overlay zoning designation would allow for gated street access and private streets as proposed in the Planned Development Plan.
ENVIRONMENTAL SETTING The project consists of approximately 10.5 gross acres of land. The site is relatively flat with an elevation of approximately 472 feet above mean sea level (MSL) and primarily composed of annual grassland and scattered patches of valley oak woodland. There is also some riparian habitat along the Sacramento River. The river runs along the eastern boundary of the project site from north to south. The project site is currently under development and completely surrounded on all other sides with single-family residential development.
ENVIRONMENTAL DOCUMENT BACKGROUND A Mitigated Negative Declaration prepared for the original project was adopted by the Redding Planning Commission on December 12, 2023.
REVISED IMPACT ANALYSIS The original approval was for a subdivision that adhered to the typical City of Redding standards, including the dedication of public streets and certain utility improvements. Rezoning the property to include a Planned Development Overlay District would allow the subdivision to maintain its interior streets and infrastructure privately. It would also allow for the installation of gated access at the entrance of the subdivision which is proposed with the Planned Development Plan.
DETERMINATION On December 12, 2023, the city of Redding previously certified a Mitigated Negative Declaration for the project described above.
Based upon a review of the current revisions to the project, it has been determined that an Addendum is appropriate because the additions are minor, and none of the following conditions (pursuant to CEQA Section 15162) have occurred:
Packet Pg. 8
Attachment: Addendum to MND (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 527 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application
1. Substantial changes are proposed for the project that will require major revision of the previous Mitigated Negative Declaration due to new, significant environmental effects or a substantial increase in the severity of previously identified effects.
2. Substantial changes occur with respect to the circumstances under which the project is undertaken that involve new, significant environmental effects or a substantial increase in the severity of previously identified effects.
3. New information of substantial importance indicates that:
a. The project will have one or more significant effects not discussed in the previous Mitigated Negative Declaration.
b. Significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration.
c. Mitigation measures previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt them.
d. Mitigation measures that are considerably different from those analyzed in the previous Mitigated Negative Declaration would substantially reduce one or more significant effects, but the project proponents decline to adopt them.
FINDINGS
1. The City of Redding has determined that an Addendum is warranted, finding that none of the above conditions are in evidence and that there is no substantial evidence, in light of the whole record before the City, that the amendment proposal will have a significant effect on the environment.
2. The Addendum to the Mitigated Negative Declaration, with its supporting documentation (Initial Study), fully incorporated herein, reflects the independent judgment and analysis of the City of Redding.
3. Pursuant to Section 15074.1(b) of CEQA, the City of Redding finds that the mitigation measures contained in the Mitigated Negative Declaration are sufficient and that the Project will not cause any potentially significant effect on the environment.
PUBLIC REVIEW DISTRIBUTION
Pursuant to Section 15164(c) of CEQA, an Addendum does not require circulation for public review.
Packet Pg. 9
Attachment: Addendum to MND (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 528 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application Copies of the Addendum, the Mitigated Negative Declaration, and the original Initial Study may be obtained at the Planning Division of the Development Services Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. Contact Danny Castro at (530) 225-4471. _____________________________________ ______________________________ Date Lily Toy, Planning Manager
Development Services Department
October 18, 2024
Packet Pg. 10
Attachment: Addendum to MND (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 529 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application
FINDINGS
L&S REDDING DEVELOPMENT, LLC
PLANNED DEVELOPMENT APPLICATION PD-2023-01708
1. The proposed development is consistent with the goals, objectives, policies, standards, and programs of the Redding Zoning Ordinance and of the General Plan and any applicable specific plan, including density and intensity limitations that apply.
The subdivision associated with this Planned Development Plan has already been approved.
However, the Planned Development Plan proposes to privatize the public street and add a gate to its entrance. This is allowed under Section 17.60.020-5 of the Zoning Ordinance with a Planned Development Plan approved by the Planning Commission. The conditions of approval for the project include provisions for easements over public infrastructure, access to the private street by emergency services, and renaming of the streets in accordance with the private street naming criteria outlined in Section 17.64.020-B,4 of the Zoning Ordinance.
The implementation of these conditions of approval make the project consistent with the General Plan and the Zoning Ordinance.
2. The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscape, and other features required.
The site for the proposed Planned Development Plan is adequate in size and shape to accommodate the installation of a gated street. The gate is required to be set back a minimum of fifteen feet from the public right-of-way to allow for vehicles to stage in front of the gate without impeding traffic on Wyndham Lane. All walls, fences, landscaping, and gates have ample space to meet required setbacks.
3. The site for the proposed development has adequate access considering the limitations of existing and planned streets and highways.
The previously-approved Riverstone Subdivision was deemed to have adequate existing access. Staff has not identified any limitations to access relating to any planned streets or highways. The subdivision is an infill site surrounded by a built out residential neighborhood.
4. Adequate public services exist or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of such public services to properties so as to be a detriment to public health, safety, or welfare.
The previously-approved Riverstone Subdivision already plans to provide adequate public services to the development as a condition of development. Due to the recordation and/or reservation of public service easements over all public utilities and streets originally dedicated to the City with the subdivision, adequate public services will continue to be provided with the addition of the Planned Development Plan Overlay District zoning designation.
Packet Pg. 11
Attachment: Findings (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 530 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application
5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the existing and planned land use character of the surrounding area.
The addition of a gated street to the Riverstone Subdivision will not adversely affect surrounding property as the street does not interconnect the neighborhood. Road ‘A’, as shown in the proposed planned development plan, is a cul-de-sac. The privatization of this street will only limit access to the interior of the subdivision, which will not adversely affect surrounding property since the neighboring properties do not require access to this cul-de-sac. The entrance to the subdivision, including the gate, will be architecturally compatible with the land use character of single-family residential development which is the kind of development built in the surrounding area.
6. The improvements required and the manner of development adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, fire, and slope hazards.
The project site is relatively flat and is outside of the high fire severity zone. The eastern portion of the subdivision is within the 100-year floodplain of the Sacramento River but no development, save for a previously-approved storm drain outfall, was proposed in this area with the previously-approved Riverstone Subdivision. The proposed Planned Development Plan does not seek approval to develop the floodplain, and therefore no hazards associated with flood are anticipated. Staff has not identified any other potential manmade hazards with the project.
7. The proposed development carries out the intent of the Planned Development provisions by providing a more efficient use of the land and an excellence of architecture and site design greater than that which could be achieved through the application of the base district regulations.
The previously-approved Riverstone Subdivision voluntarily included the excellence of architecture and site design that would normally have been achieved through a Planned Development Plan. This Planned Development application will enshrine this higher standard into the entitlement for the project. Furthermore, Section 17.60.020-5 of the Subdivision Ordinance requires that all residential lots have frontage on, and take direct access from, a public street unless a Planned Development Plan is approved for projects with private streets.
The proposed Planned Development Plan will allow for a gated street which could not be achieved through the application of the base district regulations.
Packet Pg. 12
Attachment: Findings (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 531 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application
DRAFT CONDITIONS OF APPROVAL
RIVERSTONE SUBDIVISION
PLANNED DEVELOPMENT APPLICATION PD-2023-01708
General Requirements
1. In accordance with Chapter 18.11.100 of the Zoning Ordinance, the entitlement authorized by approval of this permit shall automatically expire three years from the date of approval, without further notice or action by the City, unless any one of the following occurs:
a. A building permit has been issued and substantial construction has occurred upon reliance of the entitlement as determined by the Development Services Director. b. The use of the property specifically authorized by the entitlement has been established or commenced as determined by the Development Services Director. c. Approval of the entitlement has been extended for one year by the Development Services Director.
2. The requirements of the California Buildings Standards Code and the California Fire Code are to be met. The project proponent is responsible for contacting the offices of the Building Division and Fire Department to verify compliance or the need to obtain permits.
3. Prior to issuance of a building permit for a gate on the street shown as Road ‘A’ in the approved Planned Development Plan, the following shall be complete:
a. The abandonment of the public right-of-way interior to the Riverstone Subdivision by the City with a private access easement, to the benefit of Lots 1 through 18 as shown on Final Map S-2023-00582, recorded in its place.
b. The changing of Lagoon Drive and River Mist Lane to a street name or names ending in "Trail," "Path," "Trace," or "Walk" in accordance with Municipal Code Section
17.64.020.
c. The recordation and/or reservation of public service easements over all public sewer, water, electrical services, and joint trench, as well as over all curb, gutter, sidewalk, and street originally dedicated to the City with the project.
4. Applicant shall note that the signing of private streets shall conform to City standards for public streets and shall have the abbreviation of private (pvt.) in order to indicate that the street is not a public street.
5. Any mechanical gates at the project’s Road ‘A’ entrance shall comply with the following:
Packet Pg. 13
Attachment: Draft Conditions (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 532 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application PD-2023-01708/Riverstone Planned Development Plan
a. All vehicle gates must be equipped with an electronic device or keypad, which is mounted so that access is readily available to the driver seated in the automobile. The device shall be programmed to allow access when an emergency code is entered, or an electrical device shall be provided which will open the gate from a siren sound. Setting of the emergency code shall be done in coordination with the Redding Police Department (RPD).
b. All vehicle gates must be designed so that when the electricity is off, the mechanism becomes disengaged and the gate can be manually pushed open by a natural person. c. A Knox Box device shall be installed in a secure fashion in the immediate vicinity of the exterior of any vehicle gate to the satisfaction of the Fire Department. Maintained in the Knox Box at all times will be a key, code, or similar device which will provide access to the control mechanism in the event of malfunction. Also maintained in the box shall be a written description of how to access and disengage the control mechanism.
d. A pedestrian gate shall be installed adjacent to the vehicle gate. A key, code, or similar device providing access to the pedestrian gate shall also be maintained in the Knox Box.
e. Vehicle gates shall have a minimum opening clearance of 15 feet. f. All overhead appendices shall be constructed to provide an unobstructed vertical clearance of not less than 13 feet, 6 inches.
g. Vehicular security gates shall be set back a minimum of 15 feet from the edge of roadway.
h. Prior to final approval, representatives from the Fire Department, Police Department, and Department of Public works must test and inspect the access control for compliance with regulations.
6. Prior to final of any building permit associated with a gate, an access agreement allowing City staff access to Lot 20 for MS4 treatment inspection shall be recorded.
7. The covenants, conditions, and restrictions for the Riverstone Subdivision shall be amended to include maintenance of the following by the private home owner’s association (HOA):
a. Any gates and associated mechanical equipment that provide access to the subdivision. b. All frontage fencing/wall along Wyndham Lane.
c. All landscaping and hardscaping along the project frontage from back of curb to the main gate and Wyndham Lane fencing/wall.
Packet Pg. 14
Attachment: Draft Conditions (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 533 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application PD-2023-01708/Riverstone Planned Development Plan
d. All curb, gutter, sidewalk, and street interior to the subdivision and outside of the public right-of-way that forms a part of the shared access agreement between Lots 1 through 18.
e. All storm drain interior to the subdivision and outside of the public right-of-way.
Packet Pg. 15
Attachment: Draft Conditions (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 534 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF REDDING ADOPTING AN
AMENDMENT TO THE CITY OF REDDING ZONING MAP RELATING
TO THE REZONING OF THE RIVERSTONE SUBDIVISION
(PREVIOUSLY APN-048-500-048) CONSISTING OF 10.5 ACRES
LOCATED ON PROPERTY PREVIOUSLY ADDRESSED AS 2980
WYNDHAM LANE IN THE CITY OF REDDING (RZ-2023-01709)
Whereas, the Zoning Map of the City of Redding is incorporated in and made part of the Redding Municipal Code Title 18, known as the City of Redding Zoning Ordinance, and;
Whereas, an application was submitted to the City of Redding Development Services Department requesting to rezone property shown as Lots 1 through 20 on Final Map S-2023-00582, filed in Book 25 of Maps, at Page 44, Shasta County records, in association with a Planned Development application, and; Whereas, the Planning Commission held a duly noticed public hearing pertaining to the amendment to the Zoning Map on October 22, 2024 (RZ-2023-01709), and recommended that the City Council adopt the attached amendment to the Zoning Map, and;
Whereas, the City Council held a duly noticed public hearing on November 19, 2024, prior to the first reading of the ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDDING AS FOLLOWS:
Section 1. Finding of fact: The City finds and declares as follows:
A. The proposed amendment to the Zoning Map is consistent with the General Plan and any applicable specific plan.
B. Adoption of this ordinance will not impact the welfare of the citizens of Redding and its surrounding region.
Section 2. On the basis of the Addendum prepared for Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709 to the Mitigated Negative Declaration prepared for Tentative Subdivision Map S-2023-00582, Riverstone Subdivision, the City Council finds that the subject rezoning will not have a significant effect on the environment and approves the Addendum to the Mitigated Negative Declaration with the following findings:
1. The City of Redding has completed an Addendum to a Mitigated Negative Declaration for the rezoning. Based on the analysis of the potential impacts associated with the rezoning, the project will not have a significant effect on the environment.
Packet Pg. 16
Attachment: Draft Rezoning Ordinance (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 535 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application
2. The Addendum reflects the independent judgment and analysis of the City of Redding.
Section 3. That the boundaries of the districts referred to in Section 18.01.050 of the Redding Municipal Code, as designated on a map entitled "Zoning Map of the City of Redding, California," dated January 7, 2003, are hereby altered as set forth on the map attached hereto and made a part hereof by:
REZONING: The Riverstone Subdivision, shown as Lots 1 through 20 on Final Map S-2023-00582, filed in Book 25 of Maps, at Page 44, Shasta County records FROM: “RS-3.5-FP” Residential Single-Family District with Floodplain Overlay District
TO: “RS-3.5-PD-FP” Residential Single-Family District with Planned Development and Floodplain Overlay Districts
Section 4. This ordinance shall take effect thirty (30) days after the date of its adoption; and the City Clerk shall certify to the adoption of this ordinance and cause its publication according to law.
I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the nineteenth day of November, 2024, and was read and adopted at a regular meeting of the City Council on the third day of December, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Tenessa Audette, Mayor
Attest: Form Approved:
_
Sharlene Tipton, City Clerk Christian Curtis, City Attorney Packet Pg. 17
Attachment: Draft Rezoning Ordinance (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 536 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application RS-3.5-PD
RS-2
PF
RS-3.5
RS-3.5
ELLIS ST
DOV
VALENTINE LN
RIVELLA VISTA DR
LAGOON DR
BRENT RD
TEAL CT
COVE POINT CT
RIVERVIEW DR
WYNDHAM LN
RIVERVIEW DR
MTG. DATE:
ITEM:
ATTACHMENT:
GIS DIVISION
INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 200 400 Feet
PROPOSED ZONING MAP
P:\Planning\ProProjects\SDD\SDD-2023-01709.aprx
JANUARY 29, 2024
RZ-2023-01709
RIVERSTONE SUBDIVISION
2980 WYNDHAM LN
AP# 048-500-048 Packet Pg. 18
Attachment: Draft Rezoning Ordinance (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 537 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application
ELLIS ST
DOV
VALENTINE LN
RIVELLA VISTA DR
LAGOON DR
BRENT RD
TEAL CT
COVE POINT CT
RIVERVIEW DR
WYNDHAM LN
RIVERVIEW DR
MTG. DATE:
ITEM:
ATTACHMENT:
LOCATION MAP GIS DIVISION
INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 200 400 Feet
P:\Planning\ProProjects\SDD\SDD-2023-01708.aprx
JANUARY 9, 2024
PD-2023-01708
RIVERSTONE LN
2980 WYNDHAM LN
AP# 048-500-048 Packet Pg. 19
Attachment: Location Map (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 538 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application
ELLIS ST
DOV
VALENTINE LN
RIVELLA VISTA DR
LAGOON DR
BRENT RD
TEAL CT
COVE POINT CT
RIVERVIEW DR
WYNDHAM LN
RIVERVIEW DR
PF-I-S
3.5 to 6
3.5 to 6
GWY
GWY
MTG. DATE:
ITEM:
ATTACHMENT:
GIS DIVISION
INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 200 400 Feet
GENERAL PLAN MAP
P:\Planning\ProProjects\SDD\SDD-2023-01708.aprx
JANUARY 9, 2024
PD-2023-01708
RIVERSTONE LN
2980 WYNDHAM LN
AP# 048-500-048 Packet Pg. 20
Attachment: General Plan Map (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 539 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application RS-2 PF
RS-3.5
RS-3.5
ELLIS ST
DOV
VALENTINE LN
RIVELLA VISTA DR
LAGOON DR
BRENT RD
TEAL CT
COVE POINT CT
RIVERVIEW DR
WYNDHAM LN
RIVERVIEW DR
MTG. DATE:
ITEM:
ATTACHMENT:
GIS DIVISION
INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 200 400 Feet
ZONING MAP
P:\Planning\ProProjects\SDD\SDD-2023-01708.aprx
JANUARY 9, 2024
PD-2023-01708
RIVERSTONE LN
2980 WYNDHAM LN
AP# 048-500-048 Packet Pg. 21
Attachment: Zoning Map (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 540 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application RS-3.5-PD
RS-2
PF
RS-3.5
RS-3.5
ELLIS ST
DOV
VALENTINE LN
RIVELLA VISTA DR
LAGOON DR
BRENT RD
TEAL CT
COVE POINT CT
RIVERVIEW DR
WYNDHAM LN
RIVERVIEW DR
MTG. DATE:
ITEM:
ATTACHMENT:
GIS DIVISION
INFORMATION TECHNOLOGY DEPARTMENT
DATE PRODUCED: - 0 200 400 Feet
PROPOSED ZONING MAP
P:\Planning\ProProjects\SDD\SDD-2023-01709.aprx
JANUARY 29, 2024
RZ-2023-01709
RIVERSTONE SUBDIVISION
2980 WYNDHAM LN
AP# 048-500-048 Packet Pg. 22
Attachment: Proposed Zoning Map (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 541 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application Riverstone
Project Data
Project Description
APN: 048-500-048
General Plan: 3.5 to 6
Existing Zoning: RS-3.5
Proposed Zoning: RS-3.5-PD
Existing Use: Vacant
Proposed Use: 20 Lot Residential Subdivision
Site Area: 10.5 acres
Flood Plain: 1.5 acres
Net Project Area: 9.0 acres
Total Project Units: 20
Project Density: 2.2 D.U./acre
The Riverstone subdivision at Wyndham Lane is a 20-lot residential infill development situated near the Sacramento River and nestled within an area of established single-family homes. The proposed neighborhood offers 18 spacious lots along a private quiet cul-de-sac which maintain continuity with the character of the existing homes in the area. The residents along that street will enjoy gated access for additional privacy and security. Two large flag lots offer riverfront access, similar to neighboring riverfront homes. The development is designed to maximize retention of the mature trees along the perimeter, the river, and the unique entry to the project.
1 2
3 4
5 6
78 9
10 11
12 13
14 15
16 17
18 19
Wyndham Lane
Lagoon Drive Valentine Lane
Sacramento River
Riverview Drive
Riverview Drive
Road ‘A’ Rivella Vista Drive
20 At Wyndham
Packet Pg. 23
Attachment: Planned Development Plan (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 542 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application Riverstone
Stonesfair
Salt Creek Heights
Salt Creek Heights Salt Creek Heights
Stonesfair Salt Creek Heights
Shastina Ranch
Homes shown here are examples of architecture by Palomar used in recent residential subdivisions in various areas of Redding and demonstrate the intended character of the homes within the Riverstone development.
Shastina Ranch
At Wyndham
Sample Architecture
Packet Pg. 24
Attachment: Planned Development Plan (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 543 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application Riverstone
Riverstone
At Wyndham
Gated Entry & Enhanced Landscaping
18 Wyndham Lane
Sidewalk
Existing tree
(typical)
Gated entry at
Road ‘A’
Sidewalk and landscaping
designed to preserve existing
mature trees at entry
Private entry
Project Entry
Fencing
Gated Entry
Road ‘A’
Private Gated Entry
Lots 19 & 20
Project Entry Fencing
Entry & Lot 18
Road ‘A’
Private Drive to
Lots 19 & 20
The 18 homes on Road ‘A’ will enjoy a unique gated access for added privacy and security, while a separate gate serves lots 19 and 20. The landscaping and sidewalks at the entry and along Wyndham have been designed to preserve the mature oak trees, maintaining the shade and ambiance for a pleasant pedestrian experience.
Note: Illustrations not to scale
Packet Pg. 25
Attachment: Planned Development Plan (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZ-2023-01709) Packet Pg. 544 Attachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application Attachment: Riverstone Subdivision Recorded Map (4(b)1-- Planned Development Application PD-2023-01708 and Rezoning Application RZAttachment: ^Planning Commission Staff Report - October 22, 2024 (6.1--Planned Development App PD-2023-01708 and Rezoning Application
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve the non-binding Letter of Intent (LOI) with the Redding Rodeo Association (RRA).
This LOI provides the framework for amending the lease agreement for the Redding Rodeo Grounds (C-141). Approval of this LOI will allow both parties to proceed with formal negotiations, under a common understanding, to finalize a comprehensive lease amendment.
Fiscal Impact
Approval of the Letter of Intent (LOI) does not have an immediate fiscal impact on the City of Redding's (City) General Fund. However, the proposed amendment to the lease, which include community event programming, capital improvements, and maintenance obligations, will require further analysis, to be conducted during the lease negotiation process. Future financial obligations will be addressed in the final lease agreement with provisions for lease payments, capital improvement commitments, and grant funding opportunities.
Alternative Action
The City Council may choose not to approve the LOI, which would halt the current negotiation process for amending the Redding Rodeo Grounds lease agreement. Alternatively, the Council could request modifications to the LOI prior to approval.
Background/Analysis
The City and the Redding Rodeo Association (RRA) have long partnered to maintain and utilize the Redding Rodeo Grounds, a significant community asset. The current lease agreement, which is set to expire on August 1, 2029, will require an update, allowing for a longer term to provide the opportunity to improve the facilities. The attached LOI serves as a starting point for formalizing key lease terms, including:
MEETING DATE: November 19, 2024
ITEM NO. 9.1(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 9.1(a)--Consider approval of a Non-Binding Letter of Intent regarding the Redding Rodeo Association Ground Lease negotiations.
Barry Tippin, City Manager
Packet Pg. 546
Report to Redding City Council November 13, 2024
Re: 9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Redding Rodeo Association Lease Page 2
• A 25-year primary lease term with two optional 10-year extensions; • Performance milestones for the RRA, including the renovation of the announcer’s booth, private boxes, and grandstands;
• A commitment from the RRA to continue hosting the annual Redding Rodeo and expand the use of the grounds for additional community events; • Financial documentation from the RRA to demonstrate its ability to fund the required improvements, ensuring transparency and accountability; and • Collaborative efforts to develop a comprehensive parking plan with nearby venues, including the Civic Auditorium and Turtle Bay Exploration Park.
The LOI is non-binding, ensuring that both parties retain flexibility while negotiations proceed.
However, it establishes a mutual understanding of the scope of future lease amendments, including provisions for capital improvements, insurance, liability, and compliance with the California Environmental Quality Act (CEQA).
Environmental Review
This LOI is not considered a "project" under CEQA, and no further environmental review is required at this stage. The subsequent lease agreement will include provisions to ensure compliance with all relevant environmental regulations.
Council Priority/City Manager Goals
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Attachments
^RRA_LOI_111924
Redding Rodeo Association 1st Amendment (11/2023)
Redding Rodeo Association Lease C-141 (April 2016)
Redding Rodeo Association Staff Report (11/2023)
Packet Pg. 547
Packet Pg. 548
Attachment: ^RRA_LOI_111924 (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Redding Rodeo Association Lease) Packet Pg. 549
Attachment: ^RRA_LOI_111924 (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Redding Rodeo Association Lease) Packet Pg. 550
Attachment: ^RRA_LOI_111924 (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Redding Rodeo Association Lease) Packet Pg. 551
Attachment: ^RRA_LOI_111924 (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Redding Rodeo Association Lease) Packet Pg. 552
Attachment: Redding Rodeo Association 1st Amendment (11/2023) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Packet Pg. 553
Attachment: Redding Rodeo Association 1st Amendment (11/2023) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending CITY O Fj =i
CITY OF REDDING
777 CYPRESS AVENUE, REDDING, CA 96001 REDD P.O. Box 496071, REDDING, CA 96049- 6071 C A L 1 F O R N I A
OFFICE OF THE CITY CLERK
PAMELA MIZE, CITY CLERK
TERESA RUDOLPH, ASSISTANT CITY CLERK
530.225.4447
530. 225.4463 FAX April 26, 2016
A-050- 055AS/ C- 070- 100
Leslie Morgan, Assessor- Recorder
Shasta County Assessor' s Office
1450 Court Street, Suite 208
Redding, CA 96001
Dear Ms. Morgan:
Enclosed herewith is the following Lease Agreement for Possessory Tax purposes:
C- 141 Lease Agreement— Redding Rodeo Grounds
By Redding Rodeo Association
If you have any questions regarding this matter, please feel free to contact our office at 225- 4439.
Sincerely,
o _.€ - Q - 2
Anette Cates
Executive Assistant
enclosure
R 00
13 Packet Pg. 554 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending
CITY OF CITY OF REDDING
REDDING777 CYPRESS AVENUE, REDDING, CA 96001
CALIFORN I A
P.O. Box 496071, REDDING, CA 96049-6071
OFFICE OF THE CITY CLERK
PAMELA MIZE, CITY CLERK
TERESA RUDOLPH, ASSISTANT CITY CLERK
530.225.4447
530. 225.4463 FAX
April 21, 2016
Redding Rodeo Association
Attention: President
PO Box 992048
Redding, CA 96099- 2048
Subject: Lease ( C- 141)
Ladies & Gentlemen:
Enclosed is a fully executed original of the Lease between the City of Redding and the Redding Rodeo Association for the lease of property referred to as the Redding Rodeo Grounds.
The Lease was approved by the Redding City Council at its meeting on April 19, 2016.
If you have any questions regarding this matter, or if we can be of assistance, please contact the City Clerk' s office at ( 530) 225- 4044.
Sincerely,
ji,... A.4...0_c_....-64_011-8-1131Lj
Teresa Rudolph
Assistant City Clerk
enclosure
c: Michele Davis, Community Services
R.
O
IIE.. 2
11 FoP
Packet Pg. 555 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending LEASE
THE LEASE, made and entered into on this a-)) day of Apr , 2016 by and between the CITY OF REDDING (" Lessor"), a municipal corporation, and the Redding Rodeo Association (" Lessee").
WITNESSETH:
WHEREAS, the Lessee has heretofore leased from the Lessor a parcel of real property, commonly known as the " Redding Rodeo Grounds", for a total period of 67 years, including extensions of said Lease, expiring on July 31, 2016, and WHEREAS, the Lessee, during the terms of the prior Leases and Extensions, has made and constructed many improvements upon the premises and has continued to keep the terms and conditions of said Leases and Extensions, and now desires a further extension of said Lease for an additional ten year term, and
WHEREAS, the continued use of the subject property for rodeo and other horse and livestock activities is compatible with uses in the surrounding area, and is deemed to be in the best interests of the City and its citizens,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. TERM
Lessor, for and in consideration of the covenants, conditions, agreements, and all amendments thereto, herein set forth to be kept and performed by Lessee, does herby grant, demise, and lease unto Lessee, subject to all of the conditions, covenants, terms, and agreements hereinafter set forth, those certain premises as the same are described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein for all purposes, for a term of 10 years, commencing on August 1, 2016, except that this Lease may be terminated without cause at an earlier date by either the Lessor or the Lessee upon giving written notice one ( 1) year in advance of its intentions.
2. RENT
Lessee shall pay to Lessor ground rental of Fifty Dollars ($ 50. 00) per year, payable in advance first day of January in each and every year during the term of this Lease, commencing on January 1, 2017.
nA L
4- tR l
Packet Pg. 556 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending
3. USE OF PREMISES
That the leased premises shall be used by Lessee solely for the conduct and operation of rodeos, horse shows and other entertainment activities incidental to such operations and for the use of such Lessee and its members for recreational and practice activities in connection with their horsemanship program. Before any additional and supplemental activities may be engaged in, the Lessee shall obtain the express written consent of Lessor. Overnight recreational vehicle parking is not permitted except during Rodeo Week or equestrian related events.
4. SUBLETTING OF THE PREMISES
Lessee shall not, without previous consent in writing of Lessor, assign this Lease or any interest herein or underlet or sublet the whole or any part of said premises. Any purported assignment, either direct or by operation of law, or under of in pursuance of any order, judgment, decree or process of any Court, shall be wholly void and shall, at the option of Lessor, work a forfeiture of this Lease. The consent of the Lessor to the first or any other assignment shall be a consent to any subsequent assignment, but the prohibition against assignment without consent shall continue in force as against any assignee.
The City Council of Lessor may permit a temporary underletting or subletting of the whole or any part of said premises, when an underletting or subletting has been submitted to the Lessee and disapproved by Lessee. Such permission by the City Council of Lessor shall require a finding by a four- fifths vote of its members, that the public interest requires such underletting or subletting, and shall establish the terms and conditions on which such underletting or subletting be permitted which will interfere with the use of said premises by Lessee for a scheduled major activity, or without conditions being attached thereunder which will protect the improvements and property of Lessee, and any such permission shall include provisions that hold Lessee and its members free and harmless from any public liability arising from the use of the property or improvements of Lessee, and in any event, such permitted subletting shall not include the use of the clubhouse of Lessee.
5. RESERVATION OF USE FOR RIGHT OF WAY
Upon fourteen days notice to Lessee, Lessor hereby reserves a right of way for the use of itself and all other persons for purposes of passage and travel over the premises which shall, at all times, permit access to the launching ramp and other facilities on and along the south bank of the Sacramento River from the southwesterly portion of the premises, at such times access to these facilities are not accessible from the southeasterly side of the premises.
Packet Pg. 557 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending
6. RIGHTS OF WAY AND MAINTENANCE OF UTILITY LINES
Lessor shall have the right to maintain existing electric utility pole lines, sewer lines, and water lines and the rights of way for same as they now exist on said premises, and Lessor reserves the right to itself to use and establish such additional rights of way as may be necessary in the sole judgment of Lessor for such further sewer, water and electric utility purposes.
7. UTILITIES
Any language in this Lease to the contrary notwithstanding, the Lessee shall pay the cost of any extensions required to serve the premise with any utilities such as sewer, water, electricity or natural gas, and in addition thereto, the Lessee shall pay the cost for any utility services that are furnished to it as said premises, including expressly sewer, water, electricity, natural gas, refuse collection, telephone or cable television.
8. MAINTENANCE AND REPAIRS
Lessee shall, at its sole cost and expense, keep and maintain said ground area, improvements and appurtenances, and every part thereof, in good and sanitary order, condition and repair, hereby waiving all right to make repairs at the expense of Lessor as provided in Section 1942 of Civil Code of the State of California, and all rights provided for by Section 1941 of said Civil Code.
As an additional consideration for execution of this lease by the Lessor, the Lessee expressly agrees to maintain the premises and all improvements thereon during the entire term of this lease, unless terminated sooner with the consent of the Lessor, in as good condition as the premises are in at the conclusion of the construction of the improvements in accordance with the approved plans and specifications, reasonable wear and tear excepted. Such maintenance shall expressly include a regular and consistent program of repainting, renovation and prompt repair of any damaged portions of the improvements which the Lessee has installed.
9. IMPROVEMENTS
A. In the construction of any further and additional improvements, or extensions and additions to existing improvements upon the premises, Lessee shall comply with all the provisions of the Redding Municipal Code, and shall, in addition, first obtain written consent of Lessor as to the location, nature, and design of such proposed improvements before constructing or installing same.
B. Lessee, at its sole cost and expense, shall construct the improvements set forth in Exhibit C, attached and incorporated herein.
Packet Pg. 558 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending
10. COOPERATIVE USE OF PARKING FACILITIES
Lessor reserves to itself the right to use the parking areas within the premises in conjunction with activities taking place in the Redding Civic Auditorium Center at all such times that such use will not unreasonably interfere with the use of the demised premises by the Lessee for the express purpose of Lessee' s use. In particular, ( a) Lessor shall not schedule an event or events which use the Civic Auditorium facilities that require use of the parking area around the Rodeo Grounds during Rodeo Week, and ( b) Lessor shall not schedule an event or events which use the Civic Auditorium facilities during the four days of Lessee' s Rodeo, and during one other two-day weekend, provided that Lessee' s event, to be conducted on such weekend, is booked at least six months prior to the use date, and provided further that such weekend date is not already scheduled for an event using the Civic Auditorium facilities. To provide additional parking to Lessee as necessary for Lessee' s sponsored activities, Lessor licenses the use by Lessee of the parking areas of the Lessor located in the vicinity of the Civic Auditorium for use by Lessee as overflow parking areas during the Rodeo weekend, and for such other activities of Lessee which attract audiences in excess of the parking capacity within the demised premises. Except for the Rodeo weekend and one additional weekend provided for above, such use shall not interfere with scheduled uses of the Civic Auditorium and the parking needs generated thereby. Lessee shall not be required to make any payment to Lessor for holding the Civic Auditorium dark during the two events specified above.
11. UNLAWFUL USE
No building, structure of improvement of any kind shall be erected, placed upon, operated or maintained on the leased area, nor shall any business or operation be conducted or carried on therein or thereon in violation of any ordinance, law, statute, bylaw, order or rule of the governmental agency having jurisdiction thereover.
12. HOLD HARMLESS
A. Lessee shall indemnify, protect, defend and hold harmless, Lessor, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses including, but not limited to, reasonable attorney' s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or in connection with, Lessee' s use and/ or occupancy ofthe premises.
B. The Lessee' s obligation to defend, indemnify and hold harmless shall not be excused because of the Lessee' s
inability to evaluate liability. The Lessee shall respond within thirty ( 30) calendar days to the tender of any claim for defense and indemnity by the Lessor, unless this time has been extended in writing by the Lessor.
Packet Pg. 559 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending C. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Lessee.
D. The Lessee' s responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
E. Lessor shall have the right to approve or disapprove the legal counsel retained by pursuant to this Section to represent Lessor' s interests. Lessor shall be reimbursed for all costs and attorney' s fees incurred by Lessor in enforcing the obligations set forth in this Section.
13. INSURANCE
Lessee shall procure and maintain, for the term of this Lease, insurance against claims for injuries to persons or damages to property which may arise from or in connection with Lessee' s use and/ or occupancy of the premises. The cost of such insurance shall be borne by Lessee.
A. Coverage shall be at least as broad as, with limits no less than:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001), at $ 5, 000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be twice the required occurrence limit. Lessor reserves the right to increase the limits at a later date.
B. The general liability policy is to be endorsed to contain the following provisions:
1) Lessor, its elected officials, officers, employees, agents and volunteers are to be covered as insureds as respects liability arising out of activities performed by or on behalf of Lessee; products and completed operations of Lessee; premises owned, occupied or used by Lessee; or automobiles owned, leased, hired or borrowed by Lessee. The coverage shall contain no special limitations of the scope of protection afforded to Lessor, its elected officials, officers, employees, agents and volunteers, and members of the Community Services Advisory Commission.
2) Lessee' s insurance coverage shall be primary insurance as respects Lessor, its elected officials, officers, employees, agents and volunteers, and members of the Packet Pg. 560 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Community Services Advisory Commission. Any insurance or self- insurance maintained by Lessor, its elected officials, officers, employees, agents and volunteers shall be in excess of Lessee' s insurance and shall not contribute with Lessee' s insurance.
3) Lessee' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability. 4) Each insurance policy covered by this Lease shall be endorsed to state that coverage shall not be canceled by either party except after thirty ( 30) days' prior written notice has been given to Lessor.
C. Insurance is to be placed with insurers with a current A.M.Bests' s rating of no less than A-VII and licensed to do business in the State of California. Lessee shall furnish Lessor with original endorsements effecting the coverages required by this Lease.
The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements, deductibles and self- insured retentions are to be received and approved by Lessor' s Risk Manager prior to the date the term commences and shall not reduce the limits of liability.
14. PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Lessee is advised that maintenance and improvements required herein in excess of one thousand dollars ($ 1, 000) in cost shall require the payment of prevailing wages. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Lessee shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777. 5 of the Labor Code, work day/ week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774- 1776 of the Labor Code in regards to payment of prevailing wages and to provide the City of Redding and Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City of Redding along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725. 5. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725. 5. All contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Lessee is further advised that the work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Packet Pg. 561 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending
15. TAXES
A. Lessee shall promptly pay any taxes assessed against its personal property, and any possessory interest tax levied by reason of their occupancy of the subject Premises and the improvements constructed.
B. Lessee agrees to pay any and all taxes which may be levied and assessed against the Premises, in addition to the rental payments provided.
C. Lessee is advised pursuant to Revenue and Taxation Code § 107. 6 that a possessory interest subject to taxation may be created by the grant of this Lease to Lessee.
16. INSPECTION AND NOTICE
Insofar as the same may be necessary for the protection of the Lessor' s rights, the Lessor or it agents shall at any and all times have the right to go upon and inspect the ground area and improvements hereby leased and any and every structure or improvement erected or constructed or in the course of being erected or constructed, repaired, added to, rebuilt or restored thereon, and also to serve, or to post and to keep posted thereon, or on any part thereof. Any notices proved in Section 1183. 1 of the Code of Civil Procedure of the State of California, or any other section of the Code of Civil Procedure of the State of California, or any other notice or notices that may be at any time required or permitted by law.
17. BANKRUPTCY OR INSOLVENCY
If Lessee shall be adjudged bankrupt, either by voluntary or involuntary proceeding, or should be subject of any proceedings to stay the enforcement of obligations against it in the form of reorganization or otherwise under and pursuant to any existing or future laws of the Congress of the United States, or if Lessee shall discontinue business or fail in business, or abandon or vacate said real property, or make an assignment for the benefit of creditors, or if said real property should come into possession and control of any trustee in bankruptcy, or if any receiver should be appointed in any action or proceeding with power to take charge, possession, control, or care of said property, Lessor shall have the option to forthwith terminate this Lease agreement, and re- enter the property and take possession thereof. In no event shall this Lease agreement be deemed an asset of Lessee after adjudication in bankruptcy.
18. SERVICES TO THE PUBLIC
Lessee shall have the privilege to refuse service to any person or persons for just cause in relation to its activities upon the premises, but Lessee shall not discriminate in such Packet Pg. 562 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending activities upon the premises as are open to public participation either as a spectator, entrant, or other participant, by virtue of race, color, creed, sex, age, or national origin.
19. MATERIAL BREACH
Upon written notice from Lessor to Lessee that Lessee is committing a material breach of a term or condition of this lease, the Lessee shall forthwith cure such breach. In the event that the Lessee has not cured such breach of a term or condition of this lease within 30 days following the mailing of such written notice to Lessee by Lessor, Lessor shall have the right to enter and take over the premises and exclude Lessee therefrom. This right shall be in addition to any and all other rights possessed by the Lessor under the laws of the State of California relating to landlord and tenant.
20. PROPERTY OF LESSEE
The Lessee shall have the right to remove at the termination of this lease for any cause, any improvements installed by it on said premises, and such improvements shall be removed by the Lessee within a reasonable time if the termination is prior to the expiration date of this lease. In the event the termination is at the expiration date of this lease, such improvements shall be removed prior thereto. Lessor shall have the right to insist that any such improvements are removed at the time specified in the paragraph.
The Lessee, in removing improvements, shall do so in such a way so as not to damage any portion of the premises and the Lessee agrees to leave said premises in a good clean condition.
21. WASTE AND QUIET CONDUCT
Lessee shall not commit nor permit to be committed any waste upon the premises, nor any nuisance or other act or thing which may disturb the quiet enjoyment or use of adjoining parcels by others.
22. WAIVER
No delay or omission in the exercise of any right or remedy of Lessor on any default by Lessee shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Lessor of delinquent rent shall not constitute a waiver of any other default; it shall constitute a waiver of timely payment of the particular rent payment involved. No act or conduct of Lessor, including, without limitation, the acceptance of the keys to the Premises or the combination to any combination locks on the premises, shall constitute an acceptance of the surrender of the premises by Lessee before the expiration of the term or extension of the term of this Lease Agreement. Only a notice from Lessor to Lessee shall constitute acceptance of the surrender of the premises and accomplish a termination of this Lease Agreement. Lessor' s consent to or approval of any act by Lessee requiring Lessor' s consent or approval shall not be deemed to waive or render unnecessary Lessor' s consent to or approval of any subsequent act by Lessee. Any waiver by Lessor or any Packet Pg. 563 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease Agreement.
23. ADMINISTRATION BY LESSOR
Whenever Lessee is required to secure the approval or consent of Lessor under this Lease Agreement, " Lessor" shall mean the City Manager of the City of Redding.
24. ENTIRE AGREEMENT AND MODIFICATION OR AMENDMENT
This Lease Agreement, which includes all exhibits attached hereto and incorporated by reference herein, contains all the representations and the entire understanding and agreement between the parties pertaining to the Premises or any other matters connected therewith. This Lease Agreement shall not be altered, amended or modified except by a writing signed by Lessor and Lessee.
25. ATTORNEYS' FEES
In any dispute between Lessor and Lessee, whether or not resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs, including without limitation, reasonable attorney' s fees and experts' fees. " Prevailing party" shall include without limitation, a party who dismisses an action for specific performance or for damages in exchange for sums allegedly due, performance for covenants allegedly breached or consideration substantially equal to the relief sought in the action, or which receives from the other party, in connection with any dispute, performance substantially equivalent to any of these. No sum for attorney fees shall be included in calculating the amount of a judgment for purposes of deciding whether a party is entitled to its costs or attorney fees.
26. INVALID PROVISIONS
In the event any covenant, condition, or provision herein contained is held invalid by any Court of competent jurisdiction, the invalidity of the same shall in no way effect any other covenant, condition, or provision herein contain, provided that the validity of any such covenant, condition or provision does not materially prejudice either Lessor or Lessee in their respective rights and obligations contained in the valid covenants, conditions, and provisions of this Lease Agreement.
Packet Pg. 564 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending
27. EMINENT DOMAIN
In the event the premises shall be appropriated or taken under the power of eminent domain by any public or quasi authority, the is Lease Agreement shall terminate and expire as of the date of such taking, and the Lessee shall thereupon be released from any liability thereafter accruing under this Lease Agreement.
28. NOTICES
All notices and other communications authorized or required under this Lease Agreement shall be in writing and shall be given by ( a) personal delivery, ( b) mailing by certified mail or registered mail, return receipt requested, postage prepaid, or United States express mail, or ( c) delivery by commercially recognized courier service. Any such notice or other communication shall be deemed to have been given on the date of delivery or refusal to accept delivery if addressed as follows:
LESSEE LESSOR
Redding Rodeo Association City of Redding
PO Box 992048 Attn: Community Services Department
Redding, CA 96099 777 Cypress Avenue
Redding, CA 96001
Either party may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this section.
29. BINDING OF SUCCESSORS
Subject to the provisions in this Lease Agreement respecting assignment or subletting, all covenants, terms and conditions in this Lease Agreement shall extend to and bind the successors, heirs, and assigns of the respective parties to this Lease Agreement.
30. TIME OF ESSENCE
Time is of the essence of this Lease Agreement and of each and every provision in this Lease Agreement.
Packet Pg. 565 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement in the presence of their respective officers duly authorized in that behalf on the day and year set forth above.
Lessor:
CITY OF REDDING,
A Municipa C i rporation
Dated: of h ,2016 141__A A A
I SY c• ' THUR
Mayor
ATTEST: APPROVED AS TO FORM:
BARRY E. DeWALT
City Attorney
j___ C 4' et t / . 0
07Z- . 4e/
PAMELA MI , City Clerk By:
Lessee:
REDDING RODEO ASSOCIATION
Dated: / Y48// 48 49, 4, 2016 r
r,
By:
Packet Pg. 566 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Exhibit A
Legal Description for Redding Rodeo Grounds
All that portion ofthe City of Redding described as follows: Commencing at an iron T-bar monument marked " L.S. 3170" at the northwest corner of the tract of land shown on the map recorded in Book 31 Land Surveys, at page 53, Shasta County Records; thence S. 18° 00' E., 200 feet to the point of beginning; thence East 210 feet; thence N. 45° 00' E., 48.00 feet; thence N. 76° 26' E.,
10.00 feet; thence S. 58° 34' E., 67.89 feet; thence N. 31° 26' E., 67.89 feet; thence N. 76° 26' E., 160 feet; thence S. 52° 57' 34" E., 360 feet to a point; thence along a line 20 westerly and parallel to the westerly line of the Auditorium Road, S. 37° 02'26" W., 1000 feet to the easterly line ofthe ACID right of way as described in the right of way Deed to ACID recorded in Book 131 of Deeds, at page 225, Shasta County Records; thence along said line, along a 624. 67 foot radius curve to the right for a distance of 70 feet; thence N. 14° 13' W., 155; thence N. 71° 27' W, 110 feet to the westerly line of the tract of land shown on said Land Survey; thence along said line, along a 1382.69 foot radius curve to the right for a distance of 55 to an iron T-bar monument marked L.S. 3170" as shown on said Land Survey; thence N. 18° 00' W., 10.00 feet; thence N. 72°00' E.,
50. 00 feet; thence N. 18° 00' W., 150. 00 feet; thence S. 72° 00' W., 50. 00 feet; thence N. 18° 00' W., 200.00 feet; thence N. 72°00' E., 203.94 feet; thence N. 18°00' W., 229.00 feet to the point of beginning.
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Packet Pg. 568 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending
EXHIBIT C
PROJECT# 1 Year of completion 2016
Project description
Replace existing pedestrian ramp at South end of main grandstands with a ramp designed to the meet 2013 CBC standards.
Project# 2 Year of completion 2017
Project description
Replace existing pedestrian ramp at North end of main grandstands with a ramp designed to meet the 2017 CBC standards.
Project# 3 Year of completion 2018
Project description
Construct a new contestant hospitality/ production room that will include accessible parking for the existing Ticket office designed to meet the 2017 CBC standards.
Project# 4 Year of completion 2019
Project description
Construct an accessible entrance and path of travel to service Box Seats 1- 10 and general admission section designed to meet the 2017 CBC standards.
Project# 5 Year of completion 2020
Project description
Construct accessible parking stall and path of travel into the Rodeo Flats seating area designed to meet the 2017 CBC standards.
Project# 6 Year of completion 2021
Project description
Construct accessible access to the Buckaroo Seating area above the Bucking Chutes to meet the 2021 CBC standards.
Project# 7 Year of completion 2022
Project description
Construct accessible entrance into the existing Redding Rodeo Club House.
Packet Pg. 569 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending r
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Packet Pg. 570 Attachment: Redding Rodeo Association Lease C-141 (April 2016) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending
CITY OF REDDING
REPORT TO REDDING CITY COUNCIL
Recommendation
Approve a 10-year lease (C-141) of the Redding Rodeo Grounds with the Redding Rodeo Association (RRA), with a term expiring July 31, 2026.
Background
At its March 9, 2016, meeting, the Community Services Advisory Commission voted to recommend a new 10-year lease of the Redding Rodeo Grounds with the Redding Rodeo Association. The Redding Rodeo Association has leased the Rodeo Grounds from the City of Redding for 67 years. The current extension expires on July 31, 2016, and while the current term allows for five (5) one-year extensions, the Redding Rodeo Association requested a new lease with a ten (10) year term. The following are the main changes from the current lease:
1. Ten-year term. The lease may be terminated at an earlier date by either party with one (1) year written notice.
2. The lease area has been reduced to accommodate plans for a new road alignment to the boat ramp.
3. An updated list of improvement projects has been included with the lease.
All other terms and conditions remain the same as the current lease.
Issue
Should Council approve the new lease with the Redding Rodeo Association for the Redding Rodeo Grounds?
MEETING DATE: April 19, 2016
ITEM NO. 4.6(c)
[C-070-100/C-050-560]
FROM:
SUBJECT: 4.6(c)--Redding Rodeo Association Lease for the Redding Rodeo Grounds ***APPROVED BY***
Kim Niemer, Community
Services Director
Packet Pg. 571 Attachment: Redding Rodeo Association Staff Report (11/2023) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Redding Report to Redding City Council April 13, 2016
Re: 4.6(c)--Redding Rodeo Association Lease for the Redding Rodeo Grounds Page 2 Alternatives; Implication of Alternatives
1. Approve the lease. This alternative will allow the Redding Rodeo Association to continue use of the facility for the Redding Rodeo as well as other equestrian events.
2. Decline to approve the lease. This alternative would require the Redding Association to find a new facility to continue its operations including the Redding Rodeo.
3. Provide staff with alternative direction.
Fiscal Impact
The annual lease payment is $50. There is no fiscal impact from this lease.
Conclusion
The Redding Rodeo Association has been a good tenant for the Rodeo Grounds and continues to make improvements to the facilities. This lease extension will allow the RRA to continue to hold the Redding Rodeo, a signature event for the City, as well as many other equestrian-related events for the community’s involvement and enjoyment.
Attachments:
Lease Agreement (available online)
Lease Agreement Exhibit A (available online)
Lease Agreement Exhibit B (available online)
Lease Agreement Exhibit C (available online)
Packet Pg. 572 Attachment: Redding Rodeo Association Staff Report (11/2023) (9.1(a)--Consider Approval of a Non-Binding Letter of Intent Amending Redding
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the City of Redding Electric Utility’s Fiscal Year 2024-25 First Quarter Financial Report, Industry Activities Update, and Power Content Label.
Fiscal Impact
There is no fiscal impact related to accepting this report.
Alternative Action
The City Council (Council) could choose not to accept the report and provide further direction to staff.
Background/Analysis
The attached September Financial Report shows that Redding Electric Utility (REU) outperformed budget projections in Net Operating Revenues for the first three months of the fiscal year. Higher revenues and savings in power costs offset a modest increase in System Operation and Maintenance (O&M) expenses. The favorable financial results and a decline in unrestricted reserves are primarily driven by a $1.1 million increase in inventory during the first quarter and $5.9 million in encumbrances, representing commitments for future expenditures.
Although unrestricted reserves decreased by approximately $1.5 million through September, the cash reserve balance remains in compliance with the Council’s Financial Management Policy.
MEETING DATE: November 19, 2024
ITEM NO. 9.5(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.5(b)--Consider Redding Electric Utility's Quarterly Financial Report, Industry Activities Update, and Power Content Label.
Nick Zettel, Director of
Redding Electric Utility
Packet Pg. 573
Report to Redding City Council November 13, 2024
Re: 9.5(b)--Electric Utility's Quarterly Report - 1st Quarter Page 2 Revenue
Billed retail revenue through September was $3,970,222 (9.6 percent) above budget, primarily due to warmer weather driving higher energy usage. Total wholesale sales were only $13,622 (0.4 percent) above budget. Overall, operating revenue was $5,255,098 (11.6 percent) above budget. Operating revenue after energy costs was $6,738,201 (27.5 percent) above budget.
Expenses
Power Cost (Cost of Energy)
The combined costs for generation, purchases from the Western Area Power Administration (WAPA), Big Horn Wind Project, contracts, and the spot market were $1,482,923 (7.2 percent) below budget projections. The Redding Power Plant generation costs were lower than anticipated, and spot market prices were favorable during this period. The total cost of energy decreased by $2,923,262 (13.2 percent) year-over-year. The Power Cost for the load (Power Cost less Wholesale Sales) decreased very minimally by $709 year-over-year (0.0 percent).
System Operations & Maintenance (O&M)
System O&M costs aligned with budget projections.
Debt Service and Capital Outlay
Debt service payments and obligations through September totaled $3.6 million (on plan). Capital expenditures totaled $3.5 million (14.6 percent spent). The pace of capital expenditures remains delayed due to the extended lead times for procuring high-demand items, particularly those requiring specialized materials. In addition, while the severity of ongoing supply chain challenges has eased somewhat, longer lead times, increased shipping costs, and raw material constraints continue to affect the timing of capital projects.
Special Fund Expenditures
Special Fund Expenditures which include spending for Public Benefit and Cap-and-Trade Programs totaled $611,591 (representing 7.4 percent of the budget) through September.
Electric Utility Unrestricted Cash Balance
At the end of September, the unrestricted cash balance was $39.4 million, representing approximately 108 days of cash. REU’s Financial Management Policy (Council Policy 1414) has a minimum of 75 days of cash and a goal of 150 days of cash.
Director’s Contingency Fund
The REU Director’s Contingency Fund was not utilized through September.
Packet Pg. 574
Report to Redding City Council November 13, 2024
Re: 9.5(b)--Electric Utility's Quarterly Report - 1st Quarter Page 3 Power Content Label
The City of Redding’s (City) Annual Power Content Label and Power Source Disclosure are attached. The Power Source Disclosure Program, administered by the California Energy Commission (CEC), requires retail suppliers of electricity to disclose to their customers accurate, reliable, and simple-to-understand information on the sources of energy that are used to provide electric services; this is accomplished through the completion and publication of the annual Power Content Label.
The City’s Power Content Label shows our portfolio included 27.6 percent Eligible Renewable Resources for the calendar year 2023. While the State does not classify large hydroelectric generation (Shasta Dam, etc.) as eligible renewable, our resource mix was 54.4 percent carbonfree.
Before publication and submission, the CEC requires approval of attestation of the report’s accuracy from the City Council. By accepting this Financial Report, the Council attests to the accuracy of the 2023 Power Content Label and permits its submission to the CEC.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
c: Finance Director
Attachments
Attachment 1 - Notes on Financial Operating Statement
Attachment 2 - Electric Utility Financial Results for Sept 2024 Attachment 3 - Electric Utility Financial Dashboard for Sept 2024 Attachment 4 - Electric Utility Unrestricted Cash Balance Sept 2024 Attachment 5 - Industry Update
Attachment 6 - 2023 COR Power Content Label
Attachment 7- 2023 COR Power Source Disclosure
Packet Pg. 575
Attachment 1
City of Redding Electric Utility
Notes to Financial Report
Notes on Financial Operating Statement
Operating revenues are divided into three revenue elements: Retail Sales are sales of electricity to end-use customers; Wholesale Sales are to customers who resell electricity; Other Revenue includes the sale of services, joint-pole arrangements, interest income, and other miscellaneous revenue generated in the operations of Redding Electric Utility (REU).
Operating Expenses are divided into two expense elements: Power Cost and System O&M.
Cost of Energy summarizes Purchased Power costs. The primary sources of purchased power include Western Area Power Administration deliveries and long-term contracts for Wind Energy through M-S-R. Fuel expenses, purchases from the spot market, and expenses associated with participation in the California Independent System Operator make up the remainder. The Generation and Transmission component comprises power plant variable costs (fuel) and fixed costs (all non-fuel costs), as well as all JPA costs (M-S-R and TANC), except Wind Energy.
The Wholesale Sales and Power Costs budgets are based on known contracts and confirmed resources. Throughout the year, an effort is made to provide the most cost-effective energy supply for our ratepayers. This is often done by buying and selling natural gas or electricity to reduce the overall cost. This could include selling natural gas and replacing it with less expensive electricity than burning the gas in our power plant. It could also include selling energy we have contracted for at one trading hub and buying it at another less expensive one. It could also include maximizing the value of our gas storage facility to purchase natural gas in one month when it is less expensive and use it or sell it in another month. All these transactions benefit our customers but significantly inflate the Wholesale Sales and Cost of Energy numbers over their original budgets. This is because accounting rules require us to record these transactions at their gross revenue and expense amounts and not on the net benefit to the Utility.
System O&M Expenses summarize costs for all other functional groups, i.e., Administration, Customer Services, Engineering, Financial Services, Line, Compliance, and Resources. Special Revenue funds, i.e., Public Benefits and Cap-and-Trade, are shown separately. Debt Service is paid twice per fiscal year, once in December and again in June. Capital Outlay includes currentyear appropriations and unfinished projects approved by Council in prior years.
This financial report provides year-to-date comparisons to the current budget and the same yearto-date results for the prior year. Operating revenues are reported as billed. Costs for energy, other operating expenses, and capital outlay are recorded when paid. For this report, debt payments are spread evenly over the year, giving a more helpful picture of the financial results.
Projections are based on normal weather trends and known industry activity. If actual weather conditions are above or below average for the month or unexpected industry disruption occurs, revenue and expenses will increase or decrease accordingly. REU’s residential and small commercial rate structures are heavily weighted on volumetric charges ($/kWh), and abnormal weather causes more significant variances in net operating results, emphasizing the difference between the rate structure and cost structure.
The recorded results are preliminary and subject to revision until the final audit is complete.
Packet Pg. 576 Attachment: Attachment 1 - Notes on Financial Operating Statement (9.5(b)--Electric Utility's Quarterly Report - 1st Quarter) ELECTRIC UTILITY FINANCIAL RESULTS ‐ SEPTEMBER 30, 2024 YTD‐Actual YTD‐Budget Variance Variance YTD‐Actual
September September % Value September
Item FY2025 FY2025 FY2025 FY2025 FY2024
Energy
System Load (MWh) 258,431 237,518 8.8% 20,914 245,924 Key Performance Indicators
Days Cash on Hand 108 139 Operating Revenues
Retail Sales 45,254,822 41,284,100 9.6% 3,970,722 41,020,541 Wholesale Sales 3,439,472 3,425,850 0.4% 13,622 6,362,025 Miscellaneous Income1 1,751,872 481,118 264.1% 1,270,754 95,912 Total Operating Revenues 50,446,166 45,191,068 11.6% 5,255,098 47,478,478 Operating Expenses
Power Cost
Purchased Power 4,401,128 ‐ 4,874,000 9.7% (472,872) 5,449,129 Generation, Transmission and JPA (Variable) 7,403,252 ‐ 8,259,375 10.4% (856,123) 9,962,347 Generation A&G and O&M (Fixed) 7,405,095 ‐ 7,559,023 2.0% (153,928) 6,721,262 Subtotal Power Cost 19,209,475 ‐ 20,692,398 7.2% (1,482,923) 22,132,737 System O&M
General & Administrative 1,379,078 ‐ 2,003,203 31.2% (624,124) 1,291,191 Interdepartmental (Incl. In‐Lieu of Tax)2 3,120,898 3,120,898 0.0% 0 3,325,548 Transmission & Distribution 8,213,913 7,584,896 8.3% 629,016 6,853,197 Customer & Field Services1 792,417 792,418 0.0% (1) 805,380 Subtotal System O&M 13,506,305 13,501,414 0.0% 4,891 12,275,316 Total Operating Expenses 32,715,780 $ $ ‐ 34,193,811 4.3% (1,478,032) $ $ 34,408,053 Net Operating Revenue 17,730,386 $ $ 10,997,256 61.2% 6,733,130 $ $ 13,070,425 Total Debt Service 3,594,047 $ $ 3,600,505 0% (6,458) $ $ 3,594,804 YTD‐Actual Budget % of Budget Budget YTD‐Actual
September Annual Spent Remaining September
Item FY2025 FY2025 FY2025 FY2025 FY2024
Capital Outlay
Capital Outlay (Revenue Funded) 3,475,055 23,745,800 14.6% 20,270,745 1,894,840 Capital Outlay (Bond Funded)
Total Capital Outlay 3,475,055 $ $ 23,745,800 14.6% 20,270,745 $ $ 1,894,840 Special Fund Expenditures
Public Benefit Programs 573,554 5,090,700 11.3% 4,517,146 523,636 Cap‐and‐Trade Programs 38,036 3,171,670 1.2% 3,133,633 16,649 Total Special Fund Expenditures 611,591 $ $ 8,262,370 7.4% 7,650,779 $ $ 540,284 Financial Results 10,049,694 $ $ 7,040,497 CHANGES IN FY2024/FY2025: 1 Customer Services and Field Services are removed from the Electric Department's Financial Results, and an allocation of expenses is recorded. 2 Interdepartmental Allocations are not assigned to various divisions within the Electric Department as in previous years but recorded as its own category.
Council Report
Packet Pg. 577 Attachment: Attachment 2 - Electric Utility Financial Results for Sept 2024 (9.5(b)--Electric Utility's Quarterly Report - 1st Quarter) ELECTRIC UTILITY FINANCIAL DASHBOARD ‐ SEPTEMBER 30, 2024 2.8 4.8 4.0 ‐
2 4
6 8
10 12
14 16
18 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
$‐Millions
Retail Sales ($‐Millions)
Cumulative Difference 2024 Actual 2025 Actual 2025 Budget ‐1.1
‐0.4
0.0 (2)
(1)
‐
1 2
3 4
5 6
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
$‐Millions
Wholesale Sales ($‐Millions)
Cumulative Difference 2024 Actual 2025 Actual 2025 Budget Packet Pg. 578 Attachment: Attachment 3 - Electric Utility Financial Dashboard for Sept 2024 (9.5(b)--Electric Utility's Quarterly Report - 1st Quarter) ELECTRIC UTILITY FINANCIAL DASHBOARD ‐ SEPTEMBER 30, 2024 ‐4.8
‐3.2
‐1.5
(10)
(5)
‐
5 10
15 20
25 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
$‐Millions
Total Operating Expense ($‐Millions)
Cumulative Difference 2024 Actual 2025 Actual 2025 Budget 3.2 5.9 5.3 ‐
2 4
6 8
10 12
14 16
18 20
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
$‐Millions
Total Operating Revenues ($‐Millions)
Cumulative Difference 2024 Actual 2025 Actual 2025 Budget Packet Pg. 579 Attachment: Attachment 3 - Electric Utility Financial Dashboard for Sept 2024 (9.5(b)--Electric Utility's Quarterly Report - 1st Quarter) Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Unrestricted Cash - 2024-25 35.5 38.8 39.4Unrestricted Cash - 2023-24 49.7 51.4 52.4 44.4 42.6 40.6 42.8 41.7 39.3 40.5 40.1 40.9
20.025.030.035.040.045.050.055.060.065.070.0
MILLION $
REU UNRESTRICTED CASH BALANCE
JULY 2023 ‐ JUNE 2025
Packet Pg. 580
Attachment: Attachment 4 - Electric Utility Unrestricted Cash Balance Sept 2024 (9.5(b)--Electric Utility's City of Redding Electric Utility
Industry Activities Update –1st Quarter FY2025
Federal Update
The U.S. Department of Energy (DOE) highlighted urgent infrastructure needs in its National Transmission Needs Study, revealing that the current transmission system would need a 64% increase by 2035 to ensure grid reliability as demand rises and renewable integration increases.
This expansion is essential given the massive interconnection backlog, now at around 2,600 GW, primarily for solar, battery storage, and wind energy projects. FERC (Federal Energy Regulatory Commission) responded by advancing reforms to streamline the interconnection process, switching to a cluster approach to reduce delays, which could help alleviate grid bottlenecks and expedite renewable projects already in the queue.
On July 18, FERC issued Order No. 2023-A, a reform requiring utilities to consider regional needs in their transmission planning to support new renewable projects. This order mandates a holistic approach to planning, encouraging collaborative cost-sharing models among states and regions to distribute transmission costs more equitably while reducing project redundancies and accelerating implementation.
Reports from entities like NERC (North American Electric Reliability Corporation) and the DOE project that U.S. energy demand will see significant increases by the end of the decade, driven by electrification, electric vehicle growth, and heavy data-center energy needs. These factors underscore the importance of proactive transmission investments to prevent grid strain and meet both summer and winter peaks in demand.
State Legislative Update
In response to rising energy needs, California introduced legislation to accelerate renewable energy projects, streamline permitting, and expedite infrastructure development. Key updates include efforts to fast-track renewable projects by establishing a "one-stop shop" for permitting and expanding by-right approvals in pre-zoned areas to overcome local permitting delays. This legislation aims to enhance California's renewable energy infrastructure, essential for meeting the state’s ambitious goals of achieving 60% clean energy by 2030 and 100% by 2045.
California’s legislature approved funding through the proposed $10 billion climate bond, which includes allocations for grid-enhancing technologies and advanced reconductoring projects. This funding will support improved transmission capacity, helping meet the increasing demand for electricity while supporting grid reliability and safety. Additional funding was also designated for long-duration energy storage, improving grid resilience, and supporting renewable integration.
Senate Bill 1221 was passed to pilot neighborhood decarbonization projects, which would reduce gas reliance in communities by introducing affordable clean energy options. This initiative targets Packet Pg. 581 Attachment: Attachment 5 - Industry Update (9.5(b)--Electric Utility's Quarterly Report - 1st Quarter) disadvantaged and low-income communities, providing cleaner home appliances and better air quality, and it has the potential for broader implementation across the state.
State Regulatory Update
The California Air Resources Board (CARB) has indicated that the 45-day public comment period for proposed Cap-and-Trade regulatory amendments is expected soon and will likely be announced in the coming weeks. Any updates to the 2025 regulation would have required board approval in October 2024; therefore, any upcoming regulatory amendments won’t take effect until 2026.
In October 2024, the California Energy Commission (CEC) issued a Notice of Proposed Scope for revisions to the Renewables Portfolio Standard (RPS) Eligibility Guidebook, which is now moving toward its 10th edition. This proposed scope includes 18 areas for potential updates to better align the RPS with technological advancements and evolving grid needs. The RPS Guidebook is exempt from the full rulemaking process, which means the CEC can adopt changes to the Guidebook through a regularly scheduled business meeting. Northern California Power Agency (NCPA) is working with the California Municipal Utilities Association (CMUA) to develop joint POU comments on the scope of the RPS Guidebook. Comments were due to the CEC by November 1.
Senate Bill 1158, adopted on September 16, 2022, mandates that starting January 1, 2028, every retail seller in California must report hourly data on their electricity sources used to serve lossadjusted load for each hour of the previous calendar year, including the associated greenhouse gas emissions. This legislation seeks to enhance transparency and accuracy in tracking renewable energy usage and emissions, thereby helping California achieve its climate goals more effectively.
The Bill tasked the CEC with developing and adopting the reporting rules through an open process by July 2024. REU has been collaborating with the CMUA to provide feedback to the CEC, ensuring the reporting requirements are reasonable, not overly restrictive, and avoiding placing undue burdens on retail sellers and their customers. The second 45-day language is currently under review, with comments due by November 18.
Conclusion
REU actively collaborates with legislative and regulatory partners to manage risks and reduce exposure through strategic actions. Working with the NCPA, CMUA, and the Joint Utilities Group (JUG), REU provides input to address area-specific needs, impacts, and concerns to control customer costs and mitigate cost exposure. Additionally, REU participates in regulatory rulemaking with CMUA and other utility groups, advocating for favorable regulations and preparing for potential financial impacts. These proactive efforts help REU effectively navigate the evolving legislative and regulatory landscape.
Packet Pg. 582 Attachment: Attachment 5 - Industry Update (9.5(b)--Electric Utility's Quarterly Report - 1st Quarter) 2023 POWER CONTENT LABEL
City of Redding Electric Utility
www.reupower.com
Greenhouse Gas Emissions
Intensity (lbs CO2e/MWh) Energy Resources REU Power
Mix
2023 CA
Power Mix
Eligible Renewable1 27.6% 36.9%
Biomass & Biowaste 0.0% 2.1%
457 373 Geothermal 0.0% 4.8%
Eligible Hydroelectric 4.3% 1.8%
Solar 0.0% 17.0%
Wind 23.3% 11.2%
Coal 0.0% 1.8%
Large Hydroelectric 26.5% 11.7%
Natural Gas 45.5% 36.6%
Nuclear 0.3% 9.3%
Other 0.0% 0.1%
Unspecified Power2 0.1% 3.7%
TOTAL 100.0% 100.0%
Percentage of Retail Sales Covered by
Retired Unbundled RECs3
:
0%
1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2
Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3
Renewable energy credits (RECs) are tracking instruments issued for renewable generation.
Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this
electricity portfolio, contact:
Redding Electric Utility
530-339-7300
For general information about the
Power Content Label, visit:
https://www.energy.ca.gov/programs-andtopics/programs/power-source-disclosure-program REU Power Mix 2023 CA Utility Average
0 200
400
600
800
1000
REU Power Mix
2023 CA Utility
Average
Packet Pg. 583 Attachment: Attachment 6 - 2023 COR Power Content Label (9.5(b)--Electric Utility's Quarterly Report - 1st Quarter) Version: April 2024
713,199
713,199
-
-
324,393
-
388,806
147,744
0.2072
DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions (in MT
CO2e) N/A
Whiskeytown Hydro Eligible hydro CA W851 61135 7189 23,505 23,505 23,505 - - Nimbus Power Plant Eligible hydro CA W1161 61045 444 6,980 6,980 6,980 - - Stampede Power Plant Eligible hydro CA W1177 61046 7066 270 270 270 - - Lewiston Power Plant Eligible hydro CA W1108 61044 977 188 188 188 - - Big Horn 1 Wind WA W240 60776 56361 33,939 33,939 33,939 - -
FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
Big Horn 1 Wind WA W240 60776 56361 Unspecified 131,909 131,909 131,909 0.4280 56,457 Yes
SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
Redding Power Plant Natural gas CA 7307 363,817 39,424 324,393 324,393 0.4545 147,437 Box Canyon Dam (WA) Large hydro WA 50179 27,406 27,406 - - - - Mid-C Hydro - Priest Rapids & Wanapum Dams (GLarge hydro WA 3887 149,162 149,162 - - - - FPL Energy Vansycle LLC (WA) Other WA 55560 89 89 - - - - WAPA - New Melones Large hydro CA 6158 23,559 23,559 23,559 - - WAPA - Shasta Power Plant Large hydro CA 445 78,870 78,870 78,870 - - WAPA - Spring Creek Power Plant Large hydro CA 450 6,045 6,045 6,045 - - WAPA - Trinity Power Plant Large hydro CA 451 9,470 9,470 9,470 - - WAPA - Folsom Power Plant Large hydro CA 441 33,377 33,377 33,377 - - WAPA - Gianelli Power Plant Large hydro CA 448 3,610 3,610 3,610 - - WAPA - JF Carr Power Plant Large hydro CA 442 5,245 5,245 5,245 - - WAPA - Keswick Power Plant Large hydro CA 443 14,205 14,205 14,205 - - WAPA - O'Neil Power Plant Large hydro CA 446 40 40 40 - -
PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
Bonneville Power Administration - ACS Large hydro BPA 14,584 14,584 0.0174 254 Bonneville Power Administration - ACS Nuclear BPA 1,899 1,899 0.0174 33 Bonneville Power Administration - ACS Other BPA 149 149 0.0174 3 Bonneville Power Administration - ACS Unspecified Power BPA 802 802 0.0174 14 Tacoma Power - ACS Large hydro Tacoma Power 143 143 0.0218 3 Tacoma Power - ACS Nuclear Tacoma Power 9 9 0.0218 0
Tacoma Power - ACS Unspecified Power Tacoma Power 8 8 0.0218 0 END USES OTHER THAN RETAIL SALES MWh
For the calendar year 2023, the City of Redding
consumed a total of 30,721 MWh to maintain City
services. The energy consumption was used by
multiple City of Redding Facilities and
departments such as the various Electric
Department locations (i.e. Power Plant,
Administration building, Corporation Yard). 30,721
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2023
City of Redding
Electric Service
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.
Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.
Packet Pg. 584 Attachment: Attachment 7- 2023 COR Power Source Disclosure (9.5(b)--Electric Utility's Quarterly Report Version: April 2024
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 196,791 27.6%
Biomass & Biowaste - 0.0%
Geothermal - 0.0%
Eligible Hydroelectric 30,943 4.3%
Solar - 0.0%
Wind 165,848 23.3%
Coal - 0.0%
Large Hydroelectric 189,148 26.5%
Natural gas 324,393 45.5%
Nuclear 1,908 0.3%
Other 149 0.0%
Unspecified Power 810 0.1%
Total 713,199 100.0%
713,199
457
0.0%
Total Retail Sales (MWh)
GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2023
City of Redding
Electric Service
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.
Packet Pg. 585 Attachment: Attachment 7- 2023 COR Power Source Disclosure (9.5(b)--Electric Utility's Quarterly Report - 1st Quarter)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the City Manager, or designee, to execute all necessary documents, including without limitation the agreements and amendments that: (1) transfer entitlement and assign Redding Electric Utility’s (REU) current 1.7496 percent ownership in the CaliforniaOregon Transmission Project (COTP), as well as all associated rights, duties, liabilities, and obligations, from REU to the Transmission Agency of Northern California, a Joint Powers Agency (TANC); and (2) modify REU’s share, as well as all associated rights, duties, liabilities, and obligations, in the TANC project that allocates TANC’s ownership rights and duties in the COTP to the project participants, in the amount of the assigned (current) REU’s ownership of
1.7496 percent and duties in the COTP.
Fiscal Impact
There is no direct cost associated with the transfer of Redding Electric Utility’s (REU) rights and obligations in the California-Oregon Transmission Project (COTP) to Transmission Agency of Northern California (TANC), nor are there any costs arising from changes in the REU’s rights and duties in the COTP through TANC.
Alternative Action
The City Council (Council) could choose not to authorize this recommendation and maintain the status quo structure, or provide alternative direction to staff.
Background/Analysis
REU is one of 15 members of the TANC. TANC holds the majority interest in a high-voltage transmission project known as the COTP. COTP is one of three 500kV transmission lines that connect Northern California to Oregon and the Pacific Northwest. Since its completion in 1993, COTP has provided a vital link for seasonal energy and long-term power supply, with contracts MEETING DATE: November 19, 2024
ITEM NO. 9.5(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.5(c)--Authorize Transfer of Transmission Capacity Entitlement and Assignment of Rights
Nick Zettel, Director of
Redding Electric Utility
Packet Pg. 586
Report to Redding City Council November 13, 2024
Re: 9.5(c)--Transfer of Transmission Capacity Entitlement and Assignment of Rights Page 2 at prices below those offered within California. Furthermore, the COTP enhances system reliability by enabling participation in a reserve-sharing pool, providing access to Pacific Northwest generation resources. REU, via TANC, currently holds transmission rights of 115 MW.
In 2005, REU purchased the City of Shasta Lake's 1.7496 percent ownership interest in COTP, adding 25 MW of additional capacity for a total of 140 MW of transmission. The opportunity for REU to acquire additional transmission was of strategic importance because such acquisition allowed REU to maintain critical COTP capacity. At that time, moving the 25 MW additional capacity into TANC could have exposed REU to a requirement to sell a minority interest in its COTP rights to the California Department of Water Resources (DWR); therefore, REU chose not to assign the 25 MW acquired from the City of Shasta Lake to TANC.
COTP remains a valuable asset to REU and continues to provide bi-directional access to markets and energy resources in the Pacific Northwest. As one of COTP’s owners, the City of Redding (City) is exposed to wildfire risk and is financially liable for direct cash and funding requirements allocated to the 1.7496 percent share purchased from the City of Shasta Lake.
TANC is the Joint Power Agency directly responsible for its capacity rights and passes its costs through to its members along with their COTP rights. This structure adds a layer of protection and insulation to the City while allowing TANC to finance major capital investments on behalf of its members.
In March 2022, the COTP Management Committee, which oversees the operations and management of COTP and of which REU is a member, approved a five-year plan for major capital improvements and replacements of the COTP system. One of those capital improvements is replacing the COTP’s series capacitors at a cost of approximately $120 million. Series capacitors are devices placed in series with transmission lines to improve the efficiency and stability of power transmission over long distances. Through its TANC entitlement rights, REU will be responsible for approximately $7.6 million as its share for this project. TANC will finance this project through tax-exempt bonds. REU was required to pay $1.6 million out of its cash reserves for its portion of direct ownership.
To mitigate exposure to future environmental and financial risk, such as cash calls for direct ownership of COTP, REU recommends transferring its 1.7496 percent ownership rights of COTP to TANC. TANC’s entitlements would then allow the allocation of capacity to REU, and there would be no change in REU’s usable COTP capacity. Additionally, TANC could absorb REU’s $1.6 million payment into its financing for the capital upgrades and allow REU to replenish its cash reserves. REU does not anticipate any additional risks to the City from transferring these rights. The majority of REU’s rights in COTP are currently held through TANC, and the risk of obligated sales to DWR is no longer an issue.
In addition to reducing risk exposure, transferring the 1.7496 percent ownership rights to TANC allows REU to realize organizational efficiencies and streamline the administration, operation, and maintenance of its share of COTP assets.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Packet Pg. 587
Report to Redding City Council November 13, 2024
Re: 9.5(c)--Transfer of Transmission Capacity Entitlement and Assignment of Rights Page 3 Council Priority/City Manager Goals
• Government for 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
Notice of Assignment for Redding COTP Transfer of Entitlement Packet Pg. 588
Pacific Gas and Electric Company
300 Lakeside Drive
Suite 210
Oakland, CA 94612
Western Area Power Administration
P.O. Box 281213
Lakewood, CO 80228
PacifiCorp
825 N.E. Multnomah Street
Suite 1900
Portland, Oregon 97232
California Independent System Operator
Corporation
250 Outcropping Way
Folsom, CA 95630
November 1, 2024
NOTICE, CONSENT TO ASSIGNMENT, AND RELEASE
To the active Participants in the California-Oregon Transmission Project (“COTP”), PacifiCorp, and the California Independent System Operator Corporation (“CAISO”):
PLEASE TAKE NOTICE that the City of Redding (“Redding”) and the Transmission Agency of Northern California (“TANC”), hereby request the written consent of Pacific Gas and Electric Company (“PG&E”), Western Area Power Administration (“WAPA”), PacifiCorp, and CAISO to the assignment by Redding of all of its rights, title, and interest in, and all of its duties, liabilities and obligations under, the California-Oregon Transmission Project (“COTP”) agreements specified herein to TANC as next described. Specifically, Redding requests the written consent of PG&E and WAPA as to parts A-D of this Notice, and of PacifiCorp as to Parts C-D of this Notice, and of CAISO as to Part D of this Notice. The assignment from Redding to TANC will be evidenced by Exhibit A, Form of Instrument and Transfer, a true and correct copy of which is attached hereto. A copy of the redlines to Appendices C-E of the IPA, reflecting the COTP entitlement transfers, is attached hereto as Exhibit B. A clean copy of Appendices C-E of the IPA, reflecting the COTP entitlement transfers, is attached hereto as Exhibit C.
A. PLEASE TAKE NOTICE that pursuant to section 19.1 of the California–Oregon Transmission Project Interim Participation Agreement, effective as amended in April 2008 (“IPA”), Redding shall assign and TANC shall assume all of its rights, title, and interest in the COTP. In accordance with section 19.1 of the IPA, this notice of assignment is provided not less than thirty (30) days prior to the proposed effective date of the assignment.
Transmission Agency of Northern California
P.O. Box 15129 Sacramento, CA 95851-0129 (916) 852-1673
Packet Pg. 589 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and PLEASE take further notice that under section 19.1 of the IPA each party shall give notice of its consent within thirty (30) days from the date of the notice of assignment, that such consent may not be unreasonably withheld, and that if a Participant fails to provide such notice it shall be deemed to have consented.
B. PLEASE TAKE NOTICE that pursuant to section 14 of California-Oregon Transmission Project Operation and Maintenance Agreement, effective as amended in April 2008 (“POMA”), Redding shall assign and TANC shall assume all of the rights, title, and interest, and all of the duties, liabilities and obligations of Redding under the POMA. In accordance with section 28 of the POMA, this notice is properly served in writing.
C. PLEASE TAKE NOTICE that pursuant to section 15 of the Owners Coordinated Operation Agreement among Pacific Gas and Electric Company, PacifiCorp, the Transmission Agency of Northern California, and Western Area Power Administration, effective as amended in July 2015 ("OCOA"), Redding shall assign and TANC shall assume all of the rights, title, and interest, and all of the duties, liabilities and obligations of Redding under the OCOA. In accordance with section 23 of the OCOA, this notice is properly served in writing.
PLEASE take further notice that under section 15 of the OCOA a party may assign its rights and obligations under the OCOA with the consent of the other parties and such consent to assignment may not be unreasonably withheld.
D. PLEASE TAKE NOTICE that pursuant to section 10 of the California-Oregon Intertie Path Operating Agreement among Pacific Gas and Electric Company, PacifiCorp, the Transmission Agency of Northern California, Western Area Power Administration, and the California Independent System Operator Corporation, effective as amended in January 2021 (“COI-POA”), Redding shall assign and TANC shall assume all of the rights, title, and interest, and all of the duties, liabilities, and obligations of Redding under such agreement. In accordance with section 23 of the COI-POA, this notice is properly served in writing.
PLEASE take further notice that under section 10 of the COI-POA a party may assign its rights and obligations under the COI-POA with the consent of the other parties and such consent to assignment may not be unreasonably withheld.
Redding and TANC respectfully request that the active COTP Participants, PacifiCorp, and CAISO sign and date the following form within thirty (30) days. Please email the Consent to Assignment, which may be signed in counterparts by each entity, to the addresses below.
Transmission Agency of Northern California
Attention: Interim General Manager
P.O. Box 15129
Sacramento, CA 95851
[email protected]
Packet Pg. 590 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and City of Redding
Attention: Joseph Bowers
Electric Utility Director
3611 Avtech Parkway
Redding, CA 96002
[email protected]
We appreciate your immediate attention to this matter. Thank you for your cooperation.
CITY OF REDDING
By: _____________________________
Nicholas Zettel
Electric Utility Director
TRANSMISSION AGENCY OF NORTHERN CALIFORNIA
By: _____________________________
John Roukema
Interim General Manager
Packet Pg. 591 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CONSENT TO ASSIGNMENT
On behalf of the entity identified below, Consent to Assignment is hereby given as requested, as evidenced by the signature below.
Legal Name of Entity: _______________________________________ Signature of Authorized
Representative: _______________________________________ Name of Signatory: _______________________________________ Date of Consent: _______________________________________
Packet Pg. 592 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and Exhibit A
FORM OF
INSTRUMENT OF ASSIGNMENT AND TRANSFER
This INSTRUMENT OF ASSIGNMENT AND TRANSFER (this "Assignment"), is made as of [ ] (the "Closing Date"), by and between the City of Redding, a municipal corporation and a General Law City duly organized and existing under and by virtue of the Constitution and laws of the State of California ("Assignor"), and the Transmission Agency of Northern California, a California Joint Powers Agency ("Assignee").
RECITALS
A. The Western Area Power Administration (“Western”); Turlock Irrigation District, the City of Roseville, Pacific Gas and Electric Company (“PG&E”); the City of Redding, a municipal corporation; and the Transmission Agency of Northern California, a California Joint Powers Agency, jointly own and operate the California-Oregon Transmission Project (“COTP”) (collectively, “active COTP Participants”); and
B. PacifiCorp owns a portion of the Pacific AC Intertie, with which the COTP operates in parallel, and the California Independent System Operator Corporation (“CAISO”) is the path operator for the California-Oregon Intertie; and C. Assignor holds the rights and obligations as well as an ownership and interest in, and entitlement to transfer capability on, the COTP, under the California-Oregon Transmission Project Interim Participation Agreement effective as amended in April 2008 (“IPA”); and
D. Assignor desires to assign to Assignee all of its rights and delegate to Assignee all of its obligations under the IPA; the California-Oregon Transmission Project Operation and Maintenance Agreement, effective as amended in April 2008 (“POMA”); the Owners Coordinated Operation Agreement among Pacific Gas and Electric Company and PacifiCorp and the Transmission Agency of Northern California, and Western Area Power Administration, effective as amended in July 2015 ("OCOA"); and the California-Oregon Intertie Path Operating Agreement among Pacific Gas and Electric Company, PacifiCorp, the Transmission Agency of Northern California, Western Area Power Administration, and California Independent System Operator Corporation, effective as amended in January 2021 (“COI-POA”) (collectively the “Assigned Contracts”); and E. Assignee desires to accept such assignment or rights and delegation of obligations under the Assigned Contracts; and
Packet Pg. 593 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and F. Each and all of the active COTP Participants, PacifiCorp, and CAISO desire to release Assignor from its obligations under the Assigned Contracts and substitute Assignee in Assignor’s place under the Assigned Contracts; G. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the IPA;
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby covenant and agree as follows:
1. Assignment and Assumption.
a. Assignment. Assignor hereby irrevocably assigns, grants, conveys, and transfers to Assignee all of its right, title and interest in, to and under, and all of its duties, liabilities and obligations under or pursuant to, the Assigned Contracts on the Closing Date, except for any rights or liabilities under the Assigned Contracts resulting from Assignor's performance or failure to perform its obligations under the Assigned Contracts prior to the Closing Date, which rights and liabilities are retained by and remain the responsibility of Assignor (the "COTP Interest Retained Rights and Liabilities").
b. Assumption. Assignee hereby unconditionally accepts such assignment and assumes all of Assignor's rights, title and interest in, to and under, and all of Assignor's duties, liabilities and obligations under or pursuant to, the Assigned Contracts, and agrees to pay, perform, and discharge, as and when due, all of the obligations of Assignor under the Assigned Contracts accruing on and after the Closing Date, except for the COTP Interest Retained Rights and Liabilities.
2. Non-Interference. Each of Assignor and Assignee agrees that the assignment and assumption of the assigned rights and responsibilities hereunder is irrevocable and that neither party shall take any action or make any other assignment or direction which could prejudice the other's rights hereunder, and that any such action or assignment shall be void.
3. Release.
a. Despite anything to the contrary in the Assigned Contracts, each and all of the active COTP Participants, PacifiCorp, and CAISO release and forever discharge Assignor, as well as its elective and appointive boards, elective officials, commissions, shareholders, directors, managers, members, officers, employees, agents, representatives, successors, and permitted assigns from all further obligations arising under the Assigned Contracts, and from all manner of actions, causes of action, suits, debts, damages, expenses, claims,
Packet Pg. 594 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and and demands whatsoever that each and all of the active COTP Participants, PacifiCorp, and CAISO have or may have against any of the foregoing persons, arising out of or in any way connected to performance under the Assigned Contracts on and after the Closing Date. For avoidance of doubt, nothing herein affects any rights, liabilities, or obligations of each and all of the active COTP Participants, PacifiCorp, CAISO, or Assignee arising before the Closing Date, or the Assignor’s responsibility within the COTP Interest Retained Rights and Liabilities, above.
b. Despite anything to the contrary in the Assigned Contracts, Assignor releases and forever discharges each and all of the active COTP Participants, PacifiCorp, and CAISO, as well as their elective and appointive boards, elective officials, commissions, shareholders, directors, managers, members, officers, employees, agents, representatives, successors, and permitted assigns from all further obligations arising under the Assigned Contracts, and from all manner of actions, causes of action, suits, debts, damages, expenses, claims, and demands whatsoever that Assignor has or may have against any of the foregoing persons, arising out of or in any way connected to performance under the Assigned Contracts on and after the Closing Date.
For avoidance of doubt, nothing herein affects any rights, liabilities, or obligations of each and all of the active COTP Participants, PacifiCorp, CAISO, or Assignee arising before the Closing Date.
4. Substitution. Each and all of the active COTP Participants, PacifiCorp, and CAISO recognize Assignee as Assignor’s successor-in-interest in and to the Assigned Contracts. Assignee by this Agreement becomes entitled to all rights, title, and interest of Assignor in and to the Assigned Contracts as of and after the Closing Date. Each and all of the active COTP Participants, PacifiCorp, CAISO, and Assignee shall be bound by the terms of the Assigned Contracts in every way as if Assignee is named in the Assigned Contracts in place of Assignor.
5. Representations and Warranties. Each party hereto represents and warrants as follows:
a. It is duly organized, validly existing, and in good standing under the laws of the State of California;
b. It has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder.
c. It has taken all necessary corporate action to authorize the execution of this Agreement by its representative whose signature is set forth at the end hereof.
d. Its execution, delivery, and performance of this Agreement will not violate, conflict with, require consent under, or result in any breach or default under
Packet Pg. 595 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and the provisions of any contract or agreement to which it is a party. e. When executed and delivered, this Agreement will constitute the legal, valid, and binding obligation, enforceable against each party hereto in accordance with its terms.
6. Indemnification.
a. Indemnification. Subject to the terms and conditions set forth in Section 6.(b) Assignee and Assignor (as “Indemnifying Party”) shall indemnify, hold harmless, and defend each other and their respective elective and appointive boards, elective officials, commissions, shareholders, directors, managers, members, officers, employees, agents, representatives, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or resulting from any third-party claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory, or other, whether at law, in equity, or otherwise (“Claim”) or any direct Claim against Indemnifying Party alleging:
i. A breach or non-fulfillment of any representation, warranty, or covenant under this Agreement by Indemnifying Party or its representatives;
ii. Any negligent or more culpable act or omission of Indemnifying Party or any of its representatives (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement;
iii. Any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Indemnifying Party or its representatives (including any reckless or willful misconduct); or
iv. Any failure by Indemnifying Party to materially comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement.
b. Exceptions and Limitations on Indemnification. Despite anything to the contrary in this Agreement, Indemnifying Party is not obligated to indemnify or defend Indemnified Party against any Claim if such Claim or the corresponding Losses arise out of or result from, in whole or in part, Indemnified Party’s:
i. Gross negligence or more culpable act or omission (including recklessness or willful misconduct); or
Packet Pg. 596 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and ii. Bad faith, failure to comply with any of its obligations set forth in this Agreement.
c. Sole Remedy. THIS SECTION SETS FORTH THE ENTIRE LIABILITY
AND OBLIGATION OF THE INDEMNIFYING PARTY AND THE
SOLE AND EXCLUSIVE REMEDY FOR THE INDEMNIFIED PARTY
FOR ANY LOSSES COVERED UNDER SECTION 6.
7. Effectiveness. This Assignment shall become effective as of the Closing Date.
8. Further Assurances. Each of the Parties will, from time to time and at all times hereafter, upon every reasonable request to do so by another Party hereto, at its sole cost and expense, promptly make, do, execute and deliver, or cause to be made, done, executed and delivered, all such further acts, deeds, assurances and things as may be legally required or reasonably necessary in order to further implement and carry out the intent and purposes of this Agreement.
9. Notices. Any notice, demand, or request required or authorized by this Assignment to be given by one party to another party shall be delivered in accordance with Section 32 of the IPA and to the following addresses:
Transmission Agency of Northern California
Attention: Interim General Manager
P.O. Box 15129
Sacramento, CA 95851
[email protected]
City of Redding
Attention: Redding Electric Utility Director
3611 Avtech Parkway
Redding, CA 96002
[email protected]
Turlock Irrigation District
Attention: Manjot Gill
Assistant General Manager- Electrical Engineering and Operations 333 E Canal Dr.
Turlock, CA 95380
[email protected]
City of Roseville
Attention: Bill Forsythe
Assistant Electric Utility Director
2090 Hilltop Circle
Roseville, CA 95747
[email protected]
Packet Pg. 597 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and Pacific Gas and Electric Company
Attention: Electric Transmission Contracts Engineer
Senior Electric Transmission Contract Manager
300 Lakeside Drive
Suite 210
Oakland, CA 94612
[email protected]
[email protected]
Western Area Power Administration
Attention: Contracts Manager
Operations Manager
P.O. Box 281213
Lakewood, CO 80228
[email protected]
[email protected]
PacifiCorp
Attention: Vice President, Transmission
Director of Transmission Expansion Planning
825 N.E. Multnomah Street
Suite 1900
Portland, Oregon 97232
[email protected]
[email protected]
California Independent System Operator Corporation
Attention: Director, Infrastructure Contracts and Management 250 Outcropping Way
Folsom, CA 95630
[email protected]
[email protected]
10. Successors and Assigns. The provisions of this Assignment are binding upon, and will inure to the benefit of, the successors and assigns of Assignor and Assignee, respectively.
11. Interpretation. For purposes of this Agreement: (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references in this Agreement: (x) to sections, schedules, and exhibits mean the sections of, and schedules and exhibits attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and
Packet Pg. 598 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The parties drafted this Agreement without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
12. Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
13. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability does not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. On such determination that any term or other provision is invalid, illegal, or unenforceable, the parties to this Agreement shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
14. Entire Agreement. This Agreement, together with all related clauses and documents that are incorporated by reference herein, is the sole and entire agreement of the parties to this Agreement regarding the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. The foregoing Recitals are hereby incorporated by this reference and made part of this Agreement.
15. Amendment and Modification. No amendment to (or rescission, termination, or discharge of) this Agreement is effective unless it is in writing, identified as an amendment to (or rescission, termination, or discharge of) this Agreement and signed by an authorized representative of each party to this Agreement.
16. Waiver.
a. No waiver under this Agreement is effective unless it is in writing, identified as a waiver to this Agreement, and signed by an authorized representative of the party waiving its right.
b. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion.
c. None of the following is a waiver or estoppel of any right, remedy, power, privilege, or condition arising from this Agreement:
i. any failure or delay in exercising any right, remedy, power, or privilege
Packet Pg. 599 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and or in enforcing any condition under this Agreement; or
ii. any act, omission, or course of dealing between the parties.
17. Cumulative Remedies. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise. Despite the previous sentence, the parties intend that Indemnified Party’s rights under 6 are its exclusive remedies for the events specified therein.
18. Equitable Remedies. Each of Assignor and Assignee acknowledges that a breach or threatened breach by it of any of its obligations under this Agreement would give rise to irreparable harm to the other party for which monetary damages would not be an adequate remedy and hereby agrees that if a breach or a threatened breach occurs, the other party shall, in addition to any and all other rights and remedies that may be available to it arising from such breach, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond).
19. No Third-Party Beneficiaries. This Agreement benefits solely the parties to this Agreement and their respective successors and permitted assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. Despite the previous sentence, the parties hereby designate the third parties included in the Section 6 definition of Indemnified Party as third-party beneficiaries having the right to enforce Section 6.
20. Choice of Law. This Agreement and all related documents and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California.
21. Choice of Forum. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to this Agreement and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the US District Court for the Eastern District of California or the courts of the State of California sitting in the County of Shasta, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the US District Court for the Eastern District of California or the courts of the State of California sitting in the
Packet Pg. 600 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and County of Shasta. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
22. Counterparts. This Agreement may be executed in counterparts (including electronically), each of which is deemed an original, but all of which together are deemed to be one and the same agreement.
[Remainder of Page Left Intentionally Blank]
Packet Pg. 601 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and IN WITNESS WHEREOF, the parties hereto, by their duly authorized officers, have executed and delivered this Assignment as of the day and year first above set forth.
CITY OF REDDING
By: ____________________________
Name: ______________________
[Mayor, Mayor ProTempore or City
Administrator]
ATTEST:
By: ____________________________
Name: ______________________
APPROVED AS TO FORM:
By: ____________________________
Christian M. Curtis
City Attorney
TRANSMISSION AGENCY OF NORTHERN
CALIFORNIA
By: ____________________________
John Roukema
Interim General Manager
By: ____________________________
Steve Gross
General Counsel
ATTEST:
By: ____________________________
Name: ______________________
TURLOCK IRRIGATION DISTRICT
By: ____________________________
By: ____________________________
ATTEST:
By: ____________________________
Name: ______________________
[Title]
[Continued on Next Page]
Packet Pg. 602 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CITY OF ROSEVILLE
By: ____________________________
Name: ______________________
[Mayor, Mayor ProTempore or City
Administrator]
ATTEST:
By: ____________________________
Name: ______________________
[Title]
APPROVED AS TO FORM:
By: ____________________________
[NAME]
City Attorney
PACIFIC GAS AND ELECTRIC
COMPANY
By: ____________________________
[Name]
General Manager
By: ____________________________
[Name]
General Counsel
ATTEST:
By: ____________________________
Name: ______________________
WESTERN AREA POWER
ADMINISTRATION
By: ____________________________
[Name]
General Manager
By: ____________________________
[Name]
General Counsel
ATTEST:
By: ____________________________
Name: ______________________
PACIFICORP
By: ____________________________
[Name]
General Manager
By: ____________________________
[Name]
General Counsel
ATTEST:
By: ____________________________
Name: ______________________
Packet Pg. 603 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CALIFORNIA INDEPENDENT SYSTEM
OPERATOR CORPORATION
By: ____________________________
[Name]
General Manager
By: ____________________________
[Name]
General Counsel
ATTEST:
By: ____________________________
Name: ______________________
Packet Pg. 604 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CALIFORNIA OREGON TRANSMISSION PROJECT
INTERIM PARTICIPATION AGREEMENT
C 1 Updated April
December 202408
Exhibit B
Redlined IPA Appendices
APPENDIX C
ENTITLEMENTS
C. Except as modified in accordance with Sections 3, 14, or 19, the COTP Participants Entitlements shall be as follows:
C.1 The Agency, 88.565286.8519 percent;
C.2 Western Area Power Administration, 9.3750 percent;
C.3 Pacific Gas and Electric Company, 2.0625 percent;
C.4 City of Redding, 1.5856 percent;
C.5 San Juan Water District, 0.0625 percent; and
C.6C.4 Carmichael Water District, 0.0625 percent.
Packet Pg. 605 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CALIFORNIA OREGON TRANSMISSION PROJECT
INTERIM PARTICIPATION AGREEMENT
D 1 Updated April
December 202408
APPENDIX D
OWNERSHIP INTERESTS
D. Except as modified in accordance with Sections 3, 14, or 19, and subject to the provisions respecting the ownership of Land Rights acquired by Western as set forth in Section 8, the Participants shall own as tenants in common undivided interests in the Project, other than the CVP Upgrade Segment facilities owned by Western, in the following proportions:
D.1 The Agency, 97.724195.8365 percent;
D.2 Pacific Gas and Electric Company, 2.2759 percent;
D.3 City of Redding, 1.7496 percent;
D.4 San Juan Water District, 0.0690 percent; and
D.5D.3Carmichael Water District, 0.0690 percent.
Packet Pg. 606 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CALIFORNIA OREGON TRANSMISSION PROJECT
INTERIM PARTICIPATION AGREEMENT
Updated April
December 202408
{D0617709.DOC X / 1}
APPENDIX E
CONSTRUCTION COST SHARING PERCENTAGES
E. Construction Costs
Except as modified in accordance with Sections 3, 14, or 19, the Participants shall be responsible for paying Construction Costs in the following proportions:
E.1 The Agency, 94.466792.6420 percent;
E.2 Western, 3.3333 percent;
E.3 Pacific Gas and Electric Company, 2.2000 percent;
E.4 Redding, 1.6913 percent;
E.5 Carmichael, 0.0667 percent; and
E.6 San Juan 0.0667 percent.
Packet Pg. 607 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CALIFORNIA OREGON TRANSMISSION PROJECT
INTERIM PARTICIPATION AGREEMENT
C 1 Updated December 2024
Exhibit C
Clean IPA Appendices
APPENDIX C
ENTITLEMENTS
C. Except as modified in accordance with Sections 3, 14, or 19, the COTP Participants Entitlements shall be as follows:
C.1 The Agency, 88.5652 percent;
C.2 Western Area Power Administration, 9.3750 percent;
C.3 Pacific Gas and Electric Company, 2.0625 percent;
Packet Pg. 608 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CALIFORNIA OREGON TRANSMISSION PROJECT
INTERIM PARTICIPATION AGREEMENT
D 1 Updated December 2024
APPENDIX D
OWNERSHIP INTERESTS
D. Except as modified in accordance with Sections 3, 14, or 19, and subject to the provisions respecting the ownership of Land Rights acquired by Western as set forth in Section 8, the Participants shall own as tenants in common undivided interests in the Project, other than the CVP Upgrade Segment facilities owned by Western, in the following proportions:
D.1 The Agency, 97.7241 percent;
D.2 Pacific Gas and Electric Company, 2.2759 percent;
Packet Pg. 609 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CALIFORNIA OREGON TRANSMISSION PROJECT
INTERIM PARTICIPATION AGREEMENT
{D0618700.DOC X / 1}dfdf Updated December 2024
APPENDIX E
CONSTRUCTION COST SHARING PERCENTAGES
E. Construction Costs
Except as modified in accordance with Sections 3, 14, or 19, the Participants shall be responsible for paying Construction Costs in the following proportions:
E.1 The Agency, 94.4667 percent;
E.2 Western, 3.3333 percent;
E.3 Pacific Gas and Electric Company, 2.2000 percent;
Packet Pg. 610 Attachment: Notice of Assignment for Redding COTP Transfer of Entitlement (9.5(c)--Transfer of Transmission Capacity Entitlement and
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the following:
(1) Accept the report;
(2) Provide staff with direction relative to charging field usage fees for Little League organizations;
(3) Authorize the City Manager, or designee, to consult with the Community Services Advisory Commission for the negotiation of Memorandums of Understanding, for field use and maintenance, with the Little League organizations located within the City of Redding; and
(4) Authorize the Director of Community Services to execute MOUs with the Little League organizations.
Fiscal Impact
In calendar year 2024, the City of Redding’s (City) Recreation Division waived $101,712 in field usage fees for the two Redding-based Little League organizations. In addition to forgone revenue, the City’s Parks Division spends at least $81,763 annually on field maintenance, materials and utilities for facilities supporting Little League activities.
In addition to the planned maintenance, other items such as major repairs, replacements and other ancillary facility maintenance like parking lots and restrooms that support ball fields are not accounted for. These operating obligations, coupled with administrative costs, collectively exceed any field usage revenues. Currently, there is no dedicated funding source for making field improvements or major repairs, and revenues are not adequate to take on additional efforts beyond routine maintenance, so many ancillary and support facilities receive lower maintenance priority.
MEETING DATE: November 19, 2024
ITEM NO. 9.6(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.6(b)--Consider Little League Field use fees and negotiation of a Memorandum of Understanding with Little League organizations.
Travis Menne, Director of
Community Services
Packet Pg. 611
Report to Redding City Council November 14, 2024
Re: 9.6(b)--Consider Little League Field Use Fees and MOU Page 2 Alternative Action
The City Council (Council) could choose to take no action on this item. In this case, without any exemption or agreement, Little League groups will be responsible for paying regular field usage fees per the City’s Schedule of Fees and Service Charges. Council could also provide alternate direction to staff.
Background/Analysis
The Community Services Department has recognized that the City’s Parks and Recreation Divisions provide regular and special services to Redding’s Little League groups at no charge.
These groups, East Redding Little League and West Redding Little League, are nonprofit organizations that facilitate youth baseball and softball programs in the City. Currently, there is no formal agreement or adopted exemption between the City and Little League groups which would supersede the intent of City Council Policy 802 (Fee Evaluation and Adjustment). The policy directs staff to annually adjust fees to recuperate costs of service or target a cost recovery rate should the City choose to subsidize that cost.
The adopted fee schedule includes referenced field usage fees. At these fields, for the general public, usage fees are $47 for two hours and a $12 fee for field lights should they be needed.
Neither Council Policy 802, nor the fee schedule itself provide the City Manager authority to waive fees. Council must authorize any blanket exemption or subsidy to the adopted fees otherwise applicable to any person or organization seeking to reserve City facilities. Should Council desire to set an alternate fee or waive the fees for Little Leagues, staff would memorialize this in a memorandum of understanding (MOU) negotiated by the City Manager or their designee that outlines terms, conditions and roles and responsibilities for field maintenance, registration, and scheduling. Staff will work with the Community Services Advisory Commission to assist with negotiating the MOU.
The Recreation Division’s past practice has been to not charge the Little League groups for field usage in an effort to keep their costs low in hopes they pass savings on to local youth. In return, since no revenue is generated by the field use, to assist the City, Little League groups perform minimal maintenance activities and make some project-based investments to help keep the fields at a higher standard. These projects include infield grading, field prep and other minor improvements, as well as more notable efforts like new scoreboards for K2 and K3. Currently, East Redding Little League is undertaking a project at the Alta Mesa field to create two bullpens with an approximate value of $50,000. Though these improvement projects are welcomed and help ease the burden on the Parks Division to upgrade the facilities, their costs do not make up the balance of routine services provided.
Fields used by Little Leagues include K1, K2, K3, Caldwell Tee Ball, Alta Mesa, and Softball Park. With the exception of Little Leagues, these fees are applicable to any exclusive use at the fields, including games, practices and other private reservations. Of all park facility reservations throughout the City in calendar year 2024, excluding the Redding Sports Park and Redding Aquatic Center, the Community Services Department collected $52,805. Of that, baseball fields only represent 9.67 percent, or $5,458. With the unexpected closure of the Redding Sports Park in 2024, travel ball teams and others had no choice but go to alternative locations, which caused an approximately $4,000 increase in paid field utilization between August and November. In 2023, a more typical year for field usage, the Community Services Department collected $36,761 in park reservation fees, of which only .02 percent is from ballfields, or about $646. All current Packet Pg. 612
Report to Redding City Council November 14, 2024
Re: 9.6(b)--Consider Little League Field Use Fees and MOU Page 3 and any additional revenue is captured by the General Fund and can be appropriated for park improvement projects needed at these facilities or be retained for other General Fund uses.
Outside of field reservation fees, the Recreation Division also provides a special priority reservation service for Little League groups to help facilitate their seasons and maintain consistency for their organization. Priority reservations, in practice, means that the general public and Redding Recreation’s own programming are not able to reserve fields prior to the Little League organization’s blocks of reservations that are uploaded into the City’s reservation system. This practice impacts the City’s Jr. Giants programs, which are not able to utilize City fields during the Little League season, requiring the City’s program to reserve fields at schools instead of City facilities. Inputting the League’s reservations is also performed by City staff, rather than the organization themselves, which entails dozens of hours of staff time for each league during both the spring and fall seasons.
Staff now seeks Council’s direction on this practice and relative to entering into an MOU to address the issues above.
Environmental Review
This is not a project defined under the California Environmental Quality Act and no further action is required.
Council Priority/City Manager Goals
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• 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
^Council Policy 802 - Fee Evaluation
Packet Pg. 613
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
FEE EVALUATION AND ADJUSTMENT 90-287 802 06/ 905/ 1
BACKGROUND
The City of Redding establishes fees for services provided in accordance with the laws of the State of California. Fees are established to recover all or a portion of the cost of providing services.
PURPOSE
It is necessary to evaluate established fee levels periodically to ensure that the fee is adequate to recoup the cost of providing the service, or, in the circumstance that the City is partially subsidizing the cost of a service, that the City is recovering the targeted cost of service level.
POLICY
The City will evaluate and adjust, if necessary, the established fee levels on an annual basis.
PROCEDURES
1. Perform administrative reviews of the cost of services and fee levels on an annual basis.
2. Such reviews shall be performed at various times throughoUt the year depending on the date the last review was performed or the need for review at a specific time.
3. Perform or contract for in-depth fee studies every five years or less as may be required.
4. Submit recommendations for fee adjustments to Council for approval.
CRO~9
Packet Pg. 614 Attachment: ^Council Policy 802 - Fee Evaluation (9.6(b)--Consider Little League Field Use Fees and MOU)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept the General Fund Quarterly Financial Report for the quarter ended September 30, 2024.
Fiscal Impact
There is no fiscal impact by accepting the Quarterly General Fund Financial Report.
Alternative Action
The City Council (Council) could choose to reject the report and request additional or different information.
Background/Analysis
The General Fund Quarterly Financial Report is for review and information purposes only. There are two primary components of the report: first is the comparison of revenues budget to actual year-to-date and second is the comparison of expenditures budget to actual year-to-date. The revenue analysis provides a breakdown utilizing the projected revenues through September 2024, compared to the actual revenues received. The expenditure analysis provides a breakdown utilizing the projected expenditures through September 2024, compared to the actual expenditures paid.
Revenues
General Fund revenues through September 30, 2024, totals $18,233,904 which is $430,226 or
2.3 percent below staff’s cash flow projection of $18,664,130. Staff is not recommending any changes to projected revenues at this time.
MEETING DATE: November 19, 2024
ITEM NO. 9.10(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report.
Greg Robinett, Director of
Finance/City Treasurer
Packet Pg. 615
Report to Redding City Council November 13, 2024
Re: 9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report Page 2 Below is a breakdown of the results by revenue type for the General Fund through September 30, 2024.
Actual Budget Variance
Variance
%
Operating Revenues $ - $ - $ - 100.00%
Tax Revenues $11,518,311 $12,004,170 $ (485,859) -4.05% Licenses & Permits $ 572,068 $ 632,991 $ (60,923) -9.62% Fines & Penalties $ 537,736 $ 196,563 $ 341,173 173.57% PILOT & Transfers $ 3,313,627 $ 3,313,630 $ (3) 0.00%
Revenue from Other Government Agencies $ 901,581 $ 820,492 $ 81,089 9.88% Total Other Revenues $ 572,952 $ 604,119 $ (31,167) -5.16% Charges for Current Services $ 661,450 $ 908,718 $ (247,268) -27.21% Property Rental & Investment Income $ 156,178 $ 183,447 $ (27,269) -14.86% Total $18,233,904 $18,664,130 $ (430,226) -2.31%
Fines & Penalties includes cannabis fines which include written off balances for lack of collections or collectability. The write off component is displayed under Charges for Current Services.
Below is a breakdown of the tax revenues through September 30, 2024. Tax revenues are the primary revenue source which fund General Fund operations.
Actual Budget Variance Variance %
Property Taxes 293,065 329,376 (36,311) -11.02%
Sales Tax 7,985,368 8,203,515 (218,147) -2.66%
TOT 2,375,071 2,401,029 (25,958) -1.08%
Cannabis 383,930 417,750 (33,820) -8.10%
Other Taxes 480,877 652,500 (171,623) -26.30%
Total 11,518,311 12,004,170 (485,859) -4.05%
Overall, tax revenues are 4.05 percent below staff projections or $485,859. Staff adjusted these revenues at the mid-cycle update and this analysis includes those adjustments.
Expenses
The City of Redding (City) has expended $32,076,943 from the General Fund through September 30, 2024 and is $5,140,943 or 13.8 percent below staff’s cash flow estimate of $37,217,886 through September 30, 2024. Below is a breakdown of expense by department compared to budget:
Packet Pg. 616
Report to Redding City Council November 13, 2024
Re: 9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report Page 3 Actual Budget Variance Variance %
General Government 2,538,764 2,502,403 (36,361) -1.45%
Non Dept, Mid town, Debt Service & Animal Reg 834,845 2,093,224 1,258,379 60.12% Development Services 1,505,910 2,072,264 566,354 27.33% PW 2,382,689 5,945,707 3,563,018 59.93%
Police 12,507,640 11,058,577 (1,449,063) -13.10%
Fire 9,740,463 8,901,117 (839,346) -9.43%
Parks 2,566,632 4,644,594 2,077,962 44.74%
Total 32,076,943 37,217,886 5,140,943 13.81%
No adjustments are being recommended to expenditures at this time. If at the end of the fiscal year there are any required adjustments those will be presented to Council with the mid-cycle update after completion of Fiscal Year 2024-25.
General Fund Reserves
As of September 30, 2024, the General Fund cash balance was $4,916,153 or 4.4 percent. At year end, the ten-year plan projects the reserve to be 7.2 percent. The final reserve is subject to change dependent on revenue and expenditure outcomes. Cash will continue to decline through December 2024 and then rebuild in January onward as the City receives property tax installments from Shasta County. Staff is not recommending any changes to the projected reserve at this time.
General Fund Overtime
The City’s General Fund overtime expense totals $2,655,683 through September 30, 2024. This is $1,703,835 above staff’s cash flow estimate of $951,848. The expenditures year-to-date compared to the year-to-date budget are listed below, of which, the four largest overtime budgets are Fire, Police, Parks, and Streets:
• The Fire Department had overtime expenses through September 30, 2024, of $1,980,108 compared to a total overtime budget of $558,598;
• The Police Department had overtime expenses through September 30, 2024, of $601,800 compared to a total overtime budget of $372,250;
• The Community Services Department had overtime expenses through September 30, 2024, of $48,776 compared to a total overtime budget of $0. • The Public Works Department had overtime expenses through September 30, 2024, of $22,362 compared to a total overtime budget of $17,500; and • All other General Fund Departments had overtime expenses through September 30, 2024, of $2,636 compared to an overtime budget of $3,500.
Although some of the aforementioned expenses are either over budget or nearly over budget, there are no additional budget requests at this time. Each department has adequate savings in areas such as personnel charges and/or additional cross charges to other City departments, to offset the excess costs.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Packet Pg. 617
Report to Redding City Council November 13, 2024
Re: 9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report Page 4 Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced 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 transparency to improve public trust.”
Attachments
Ten Year Plan 23-24 & 24-25 June 2024
Packet Pg. 618
Amended Amended
23-24 24-25 2025-26 2026-27 2027-28 2028-29
Beginning Cash Balance 21,000 13,307 7,990 2,671 (1,562) (6,519) Revenues 97,238 98,906 101,381 103,101 106,167 109,323
Net Transfers 7,237 7,019 7,529 7,955 8,194 8,440
Total Revenues 104,474 105,924 108,911 111,057 114,361 117,762 Personnel Costs (75,070) (79,059) (83,649) (84,435) (87,552) (90,105) Operating Costs (29,900) (25,239) (23,099) (23,814) (24,551) (25,311) Capital Outlay (7,107) (7,000) (7,210) (7,427) (7,650) (7,879) Debt Service (2,118) (1,957) (1,965) (1,318) (1,314) (1,313) Savings 2,028 2,015 1,694 1,703 1,749 1,796
Net Expenditures (112,167) (111,241) (114,230) (115,290) (119,318) (122,813) Ending Cash Balance 13,307 7,990 2,671 (1,562) (6,519) (11,569) Projections toward Council Objectives
Ending Cash as Percentage of
Expenditures 11.9% 7.2% 2.3% -1.4% -5.5% -9.4%
Projected Personnel Percentage 65.7% 69.8% 72.2% 72.2% 72.3% 72.3% Fiscal Year
City of Redding
General Fund Ten Year Plan (in thousands)
Adopted September 17, 2024
Fiscal Year Ending 2024 & 2025
Packet Pg. 619 Attachment: Ten Year Plan 23-24 & 24-25 June 2024 (9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report) 2029-30 2030-31 2031-32 2032-33 2033-34
Projected Cash Balance (11,569) (16,447) (20,580) (23,187) (24,832) Projected Revenues 112,578 115,938 119,412 123,012 126,735 Projected Net Transfers 8,693 8,954 9,222 9,499 9,784
Total Projected Revenues 121,271 124,891 128,634 132,511 136,519 Projected Personnel Costs (92,476) (94,356) (95,542) (97,393) (98,819) Projected Operating Costs (26,094) (26,902) (27,734) (28,592) (29,476) Projected Operating Costs (8,115) (8,359) (8,610) (8,868) (9,134) Projected Debt Service (1,310) (1,309) (1,311) (1,315) (1,132) Projected Savings 1,848 1,901 1,955 2,011 2,069
Net Projected Expenditures (126,148) (129,025) (131,241) (134,156) (136,491) Projected Ending Cash (16,447) (20,580) (23,187) (24,832) (24,804) Projections toward Council Objectives
Ending Cash as Percentage of
Expenditures -13.0% -16.0% -17.7% -18.5% -18.2%
Projected Personnel Percentage 72.2% 72.1% 71.7% 71.5% 71.3% Fiscal Year
City of Redding
General Fund Ten Year Plan (in thousands)
Adopted September 17, 2024
Fiscal Year Ending 2024 & 2025
Packet Pg. 620 Attachment: Ten Year Plan 23-24 & 24-25 June 2024 (9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report) Amended Amended
2023-24 2024-25 2025-26 2026-27 2027-28 2028-29
Sales Tax 30,753 31,522 32,310 33,118 33,946 34,795
Property Tax 28,392 29,244 30,121 31,025 31,956 32,914
TOT 7,210 7,498 7,798 8,110 8,434 8,772
Cannabis Tax 1,630 1,671 1,738 1,807 1,880 1,955
Other Taxes 2,610 2,610 2,714 2,823 2,936 3,053
Licenses & Permits 2,391 2,532 2,633 2,739 2,848 2,962
Fines & Penalties 542 542 563 586 609 633
Other Government 2,625 2,729 2,360 1,153 1,188 1,223
Redding Rancheria 124 127 131 135 139 143
Internal Departments 14,248 13,675 14,086 14,508 14,943 15,392 Service Charges 3,436 3,606 3,750 3,900 4,056 4,219
Other Revenue 2,409 2,416 2,488 2,563 2,640 2,719
Use of Money & Property 742 609 609 609 609 609
Interest 125 125 80 27 (16) (65)
Subtotal 98,906 97,238 101,381 103,101 106,167 109,323
Transfers In:
Gas Taxes 10,675 10,573 10,891 11,217 11,554 11,901
Debt Service - - - - - -
Other Transfers In 523 523 538 554 571 588
Total Transfers In 11,096 11,197 11,429 11,772 12,125 12,489 Transfers Out:
CVB & Convention Center (1,033) (1,035) (1,066) (1,098) (1,131) (1,165) Parking - - - - - -
Library (994) (1,024) (1,055) (1,086) (1,119) (1,153)
Rolling Stock (1,005) (1,080) (812) (637) (656) (676)
Other Equipment (395) (395) (407) (419) (432) (445)
Internal Advances - - - - - -
Other Transfers Out (533) (543) (559) (576) (594) (611) Total Transfers Out (4,077) (3,960) (3,900) (3,816) (3,931) (4,049) Net Transfers 7,019 7,237 7,529 7,955 8,194 8,440
Total Revenues 104,474 105,924 108,911 111,057 114,361 117,762 Revenue Assumptions
Sales Tax 2.5% 2.5% 2.5% 2.5% 2.5% 2.5%
Property Tax 3.0% 3.0% 3.0% 3.0% 3.0% 3.0%
Fee Revenues Projected Projected 3.0% 3.0% 3.0% 3.0%
Other Government Projected Projected 3.0% 3.0% 3.0% 3.0% Other Revenue Projected Projected 3.0% 3.0% 3.0% 3.0%
Internal Departments Projected Projected 3.0% 3.0% 3.0% 3.0% All Revenues (Not specific) Projected Projected 4.0% 4.0% 4.0% 4.0% Interest (Percent of Cash) 2.0% 2.0% 1.0% 1.0% 1.0% 1.0% Fiscal Year Ended
Revenues
City of Redding
General Fund Ten Year Plan (in thousands)
Fiscal Year Ending 2024 & 2025
Packet Pg. 621 Attachment: Ten Year Plan 23-24 & 24-25 June 2024 (9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report) 2029-30 2030-31 2031-32 2032-33 2033-34
Sales Tax 35,664 36,556 37,470 38,407 39,367
Property Tax 33,902 34,919 35,966 37,045 38,157
TOT 9,122 9,487 9,867 10,262 10,672
Cannabis Tax 2,033 2,114 2,199 2,287 2,378
Other Taxes 3,175 3,302 3,435 3,572 3,715
Licenses & Permits 3,081 3,204 3,332 3,465 3,604
Fines & Penalties 659 685 713 741 771
Other Government 1,260 1,298 1,337 1,377 1,418
Redding Rancheria 147 151 156 161 165
Internal Departments 15,854 16,329 16,819 17,324 17,843 Service Charges 4,387 4,563 4,745 4,935 5,133
Other Revenue 2,800 2,884 2,971 3,060 3,152
Use of Money & Property 609 609 609 609 609
Interest (116) (164) (206) (232) (248)
Subtotal 112,578 115,938 119,412 123,012 126,735
Transfers In:
Gas Taxes 12,258 12,625 13,004 13,394 13,796
Debt Service - - - - -
Other Transfers In 606 624 643 662 682
Total Transfers In 12,863 13,249 13,647 14,056 14,478
Transfers Out:
CVB & Convention Center (1,200) (1,236) (1,273) (1,311) (1,350) Parking - - - - -
Library (1,187) (1,223) (1,259) (1,297) (1,336)
Rolling Stock (696) (717) (738) (760) (783)
Other Equipment (458) (472) (486) (500) (515)
Internal Advances - - - - -
Other Transfers Out (630) (649) (668) (688) (709)
Total Transfers Out (4,170) (4,295) (4,424) (4,557) (4,694) Net Transfers 8,954 8,693 9,222 9,499 9,784
Total Revenues 121,271 124,891 128,634 132,511 136,519
Revenue Assumptions
Sales Tax 2.5% 2.5% 2.5% 2.5% 2.5%
Property Tax 3.0% 3.0% 3.0% 3.0% 3.0%
Fee Revenues 3.0% 3.0% 3.0% 3.0% 3.0%
Other Government 3.0% 3.0% 3.0% 3.0% 3.0%
Other Revenue 3.0% 3.0% 3.0% 3.0% 3.0%
Internal Departments 3.0% 3.0% 3.0% 3.0% 3.0%
All Revenues (Not specific) 4.0% 4.0% 4.0% 4.0% 4.0%
Interest (Percent of Cash) 1.0% 1.0% 1.0% 1.0% 1.0%
Fiscal Year Ended
City of Redding
General Fund Ten Year Plan (in thousands)
Revenues
Fiscal Year Ending 2024 & 2025
Packet Pg. 622 Attachment: Ten Year Plan 23-24 & 24-25 June 2024 (9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report) Amended Amended
2023-24 2024-25 2025-26 2026-27 2027-28 2028-29
Safety UAL Payments 13,838 14,479 15,713 16,053
Misc UAL Payments 4,425 4,725 4,947 5,432
PARS UAL Payments 96 96 96 96
Police
Personnel 33,493 34,790 30,867 30,563 31,337 32,148
Operating 8,889 8,643 8,902 9,169 9,444 9,728
Capital Outlay/Project 182 72 74 76 78 80
Subtotal 43,505 42,563 39,843 39,808 40,859 41,956
Fire
Personnel 21,234 22,004 20,798 20,591 21,108 21,652
Operating 8,898 5,769 5,942 6,120 6,304 6,493
Capital Outlay/Project - 45 46 48 49 51
Subtotal 27,818 30,132 26,787 26,759 27,461 28,196
Transportation & Engineering
Personnel 3,630 2,737 709 720 732 743
Operating 4,275 4,203 4,329 4,459 4,593 4,731
Capital Outlay/Project 6,621 6,621 6,820 7,024 7,235 7,452 Subtotal 13,561 14,526 11,858 12,204 12,560 12,925
Parks & Recreation
Personnel 4,885 4,958 4,122 4,235 4,353 4,472
Operating 3,146 3,242 3,540 3,646 3,755 3,868
Capital Outlay/Project 135 94 96 99 102 105
Subtotal 8,293 8,166 7,758 7,980 8,210 8,445
Development Services
Personnel 5,153 5,092 3,710 3,808 3,911 4,014
Operating 1,155 1,184 1,220 1,257 1,294 1,333
Capital Outlay/Project - - - - - -
Subtotal 6,276 6,308 4,930 5,064 5,205 5,347
General Government & Other
Personnel 6,675 6,603 5,084 5,217 5,355 5,495
Operating 3,537 3,510 3,615 3,723 3,835 3,950
Capital Outlay/Project 169 169 174 180 185 191
Debt Service 2,118 1,957 1,965 1,318 1,314 1,313
Subtotal 12,239 12,500 10,839 10,438 10,689 10,949
Add Back Personnel - 2,875 - - - -
Add Back O&M - (1,312) (4,449) (4,560) (4,674) (4,791)
- -
Projected Savings (2,028) (2,015) (1,694) (1,703) (1,749) (1,796) Total Expenditures 112,167 111,241 114,230 115,290 119,318 122,813 Expenditure Assumptions
Personnel - Wages Budget Budget 2.75% 2.75% 2.75% 2.75% O&M & Capital Outlay Budget Budget 3.0% 3.0% 3.0% 3.0%
Debt Actual Actual Actual Actual Actual Actual
Assumed Expense Savings 0.020 2.0% 2.0% 2.0% 2.0% 2.0%
City of Redding
General Fund Ten Year Plan (in thousands)
Expenditures
Fiscal Year Ending 2024 & 2025
Fiscal Year Ended
Required Revenue or
Expenditure Adjustments
Packet Pg. 623 Attachment: Ten Year Plan 23-24 & 24-25 June 2024 (9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report) 2029-30 2030-31 2031-32 2032-33 2033-34
Safety UAL Payments 16,403 16,193 15,525 15,309 14,884
Misc UAL Payments 5,545 5,661 5,498 5,479 5,195
PARS UAL Payments 96 96 96 96 96
Police
Personnel 33,042 33,964 34,909 35,883 36,882
Operating 10,020 10,320 10,630 10,949 11,277
Capital Outlay/Project 83 85 88 91 93
Subtotal 44,369 43,145 45,627 46,922 48,253
Fire
Personnel 22,255 22,875 23,512 24,167 24,840
Operating 6,688 6,888 7,095 7,308 7,527
Capital Outlay/Project 52 54 55 57 59
Subtotal 29,817 28,995 30,663 31,532 32,426
Transportation & Engineering
Personnel 762 787 809 835 858
Operating 4,872 5,019 5,169 5,324 5,484
Capital Outlay/Project 7,676 7,906 8,143 8,387 8,639
Subtotal 13,711 13,310 14,121 14,546 14,981
Parks & Recreation
Personnel 4,600 4,733 4,869 5,009 5,153
Operating 3,984 4,103 4,226 4,353 4,484
Capital Outlay/Project 108 112 115 118 122
Subtotal 8,948 8,692 9,210 9,481 9,759
Development Services
Personnel 4,126 4,242 4,360 4,482 4,607
Operating 1,373 1,414 1,457 1,500 1,545
Capital Outlay/Project - - - - -
Subtotal 5,656 5,499 5,816 5,982 6,153
General Government & Other
Personnel 5,646 5,805 5,965 6,133 6,303
Operating 4,069 4,191 4,316 4,446 4,579
Capital Outlay/Project 196 202 208 215 221
Debt Service 1,310 1,309 1,311 1,315 1,132
Subtotal 11,507 11,221 11,801 12,108 12,235
Add Back Personnel
Add Back O&M (4,911) (5,034) (5,159) (5,288) (5,421)
- - - - -
Projected Savings (1,848) (1,901) (1,955) (2,011) (2,069) Total Expenditures 126,148 129,025 131,241 134,156 136,491 Expenditure Assumptions
Personnel - Wages 2.75% 2.75% 2.75% 2.75% 2.75%
O&M & Capital Outlay 3.0% 3.0% 3.0% 3.0% 3.0%
Debt Actual Actual Actual Actual Actual
Assumed Expense Savings 2.0% 2.0% 2.0% 2.0% 2.0%
City of Redding
General Fund Ten Year Plan (in thousands)
Expenditures
Fiscal Year Ending 2024 & 2025
Fiscal Year Ended
Required Revenue or
Expenditure Adjustments
Packet Pg. 624 Attachment: Ten Year Plan 23-24 & 24-25 June 2024 (9.10(b)--Consider the City of Redding General Fund Quarterly Financial Report)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following:
(1) Find that Abacus Construction, Inc. has failed to commence satisfactory corrective actions under the Public Works Agreement (Agreement) dated June 17, 2022, for the Eastside Road over Olney Creek Bridge Project, Bid Schedule 5180 (Job No. 2477), as the City of Redding requested via a Notice of Contractor’s Control Termination letter dated November 4, 2024;
(2) Find that Abacus Construction, Inc. is in default of the Agreement; and (3) Authorize the City Manager, or designee, to take all appropriate action necessary to complete the project, including, as appropriate, written notice of termination for default to the Contractor and its Surety.
Fiscal Impact
The Eastside Road over Olney Creek Bridge Project (Project) is funded by the Federal Highway Bridge Program (HBP) and the City of Redding (City), Citywide Transportation Impact Fee Program (TIF). The HBP funds 88.53 percent of the project while the remaining 11.47 percent will be funded by the TIF. Staff anticipates the HBP to fully fund its share of eligible project total costs based upon previous experience with prior HBP funded projects. On February 6, 2024, City Council (Council) authorized funding increases for a total budget of approximately $5,756,000 as a result of encountering unanticipated contaminated soils within the project limits.
Alternative Action
The Council could choose not to authorize the Contractor’s Control Termination for default and provide alternative direction to staff.
MEETING DATE: November 19, 2024
ITEM NO. 9.11(i)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.11(j)--Consider Contractor's Control Termination with Abacus Construction, Inc. and Potential Findings of Fact with regard to Public Works Agreement dated June 17, 2022 for the Eastside Road over Olney Creek Bridge Project, Bid Schedule 5180, (Job No. 2477).
Michael Webb, Public Works
Director
Packet Pg. 625
Report to Redding City Council November 14, 2024
Re: 9.11(i)--Contractor's Control Termination with Abacus Construction, Inc. Page 2 Background/Analysis
On May 17, 2022, Council awarded construction for the project to the second low bidder, Abacus Construction, Inc. (Contractor), of Redding, California in the amount of $3,703,683.84.
To date, the contractor has been compensated for work performed in the amount of $1,169,966.04 including $685,010.80 in authorized contract change orders.
A Notice of Contractor’s Control Termination, attached, was sent to the contractor via certified mail on June 25, 2024, notifying the contractor that they were in default of the contract and directed to commence satisfactory corrective actions within five working days after receipt of the notice.
On July 2, 2025, the contractor provided a response which failed to include the corrective actions but did include additional information which had not been previously discussed with staff. At that time, staff continued communications with the contractor to provide additional clarification in the hopes to find an amicable resolve. Since receipt of the contractor’s response, staff has continued communications with the contractor but those conversations have not presented a suitable resolve and thus a second Notice of Contractor’s Control Termination (Notice), attached, was sent to the contractor via certified mail on November 4. 2024. The Notice informed the contractor that they are in default of the contract as they materially violated provisions of the contract documents by failing to maintain the required insurance coverage and not completing the work in accordance with the contract documents; they disregarded written instructions from the City Engineer; and failed to prosecute the work according to the schedule approved by the City Engineer. Within the notice, the contractor was directed to commence satisfactory corrective actions within five working days after receipt of the notice.
The contractor received and replied to the notice on November 5, 2024, and November 7, 2024, respectively. Unfortunately, the contractor’s November 7, 2024, response did not cure the defaults identified in the notice. Subsequently, the contractor was notified that the defaults had not been cured and that the five working day period for curing the defaults, as described in the notice, ends on November 13, 2024. Ultimately, the contractor failed to cure the defaults described in the notice. As a result, staff is recommending terminating the contractor’s control of the project in accordance with the contract and Section 8-11.3, Contractor’s Control Termination, of the Caltrans Standard Specifications, 2018 Edition and commencement of communications with the contractor’s surety in order to successfully complete the project.
Environmental Review
This action is an administrative activity and is not a project as defined by the California Environmental Quality Act (CEQA). On February 6, 2018, the Council adopted the Mitigated Negative Declaration and the Mitigation Monitoring Program, and approved the Eastside Road at Olney Creek Bridge Replacement Project thereby satisfying the requirements of the CEQA Guidelines §15074. No further action is required.
On March 1, 2018, Caltrans determined that the project is categorically excluded from review under the National Environmental Policy Act, pursuant to 23 CFR 771.117(c): activity (c)(28) – Bridge Replacement. No further action is required.
Packet Pg. 626
Report to Redding City Council November 14, 2024
Re: 9.11(i)--Contractor's Control Termination with Abacus Construction, Inc. Page 3 Council Priority/City Manager Goals
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Location Map
^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 ^NEPA CE
Previous Staff Report 02-06-24
Previous Staff Report 02-06-18
Notice of Contractors Control Termination Letter - 6-25-24 Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter Packet Pg. 627
CITY OF REDDING
LOCATION MAP
EXHIBIT A
EASTSIDE RD AT OLNEY CREEK BRIDGE
REPLACEMENT PROJECT PUBLIC WORKS
DEPARTMENT
LOCATION
PROJECT
Packet Pg. 628 Attachment: ^Location Map (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Packet Pg. 629
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 630
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 631
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 632
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 633
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 634
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 635
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 636
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 637
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 638
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 639
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 640
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 641
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 642
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 643
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 644
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 645
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 646
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 647
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 648
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 649
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 650
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 651
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 652
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 653
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 654
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 655
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 656
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 657
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 658
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 659
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 660
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 661
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 662
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 663
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 664
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 665
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 666
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 667
Attachment: ^Notice of Contractors Control Termination Letter with Attachments - 11-04-24 (9.11(i)--Contractor's Control Termination with Packet Pg. 668 Attachment: ^NEPA CE (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Packet Pg. 669 Attachment: ^NEPA CE (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.)
C IT Y OF
REMDINO"
AN CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: February 6, 2024 FROM: Michael Webb, Public Works ITEM NO. 4. 11( d) Director
APPROVED BY***
Am 6eau *' orksMirectcrs t f9/2024ry Jpis n, Ci ars e 1/ 30/2024 mwebb@cityofredding. org btippin@cityofredding. org
SUBJECT: 4. 11( d) --Approve Increase to Project Budget and Adopt Budget Resolution for the Eastside Road Over Olney Creek Bridge Project
Recommendation
Authorize the following actions to approve increases to the project budget in the amount of 1, 250, 000 for the completion of Bid Schedule No. 5180, Eastside Road over Olney Creek Bridge Project as outlined below for additional project costs:
1) Increase of $ 700, 000 to the construction management budget, bringing the construction management total to $ 947, 000;
2) Increase of $ 550,000 to the construction contingency budget, bringing the construction contingency total to $ 1, 240,000; and
3) Adopt Resolution approving and adopting the 29th Amendment to City Budget Resolution No. 2023- 060 appropriating $ 0 for the project.
Fiscal Impact
The majority ( 88. 53%) of the project is anticipated to be funded through the Federal Highway Bridge Program ( HBP) and the balance ( 11. 47%) is funded with Citywide Transportation Impact Fee Program ( TIF) funds. Staff will be working with California Department of Transportation ( Caltrans) to obtain additional HBP funding for the project. Staff anticipates the HBP to fully fund its share of the project total costs based upon previous experience with other bridge HBP funded projects. Staff anticipates additional HBP funds within nine months and does not expect it to delay or impact any currently identified TIF projects. Any additional HBP funds will be presented and budgeted in a separate resolution. Until those additional funds become available, the TIF will cover the additional costs. TIF funds are being re -budgeted from the Victor -Rancho -Churn Creek project as staff is anticipating grant funding to complete construction. The total project cost, including the proposed increase and change orders paid through December 2023, is expected to be just under $ 5, 756, 000.
Packet Pg. 670 Attachment: Previous Staff Report 02-06-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Report to Redding City Council January 31, 2024
Re: 4.11( d) --Approve Increase to Project Budget & Adopt Reso for Eastside Rd over Olney Creek Bridge Page 2
Alternative Action
The City Council ( Council) may choose to reject the request and provide alternative direction to staff. Should Council choose to reject this request, the project would need to be terminated, repackaged and redesigned to show the current changes in the field, new environmental permits would need to be processed and acquired, a new request for funding through the Department of Transportation ( DOT) would need to be processed and acquired which could potentially place this project back in construction in about three years or more with significant cost increases to design and the potential for the DOT to deny the reimbursement request for funds.
BackgroundlAnalysis
The Eastside Road over Olney Creek Bridge Project ( Project) includes replacement of the Eastside Road bridge over Olney Creek and the rehabilitation of the approach roadway. The work will include removal of the existing bridge in stages, construction of a new bridge over two summer seasons, construction of retaining walls, sidewalk, curb and gutter, utility relocation, roadway construction, and other miscellaneous items of work.
On May 17, 2022, the Council awarded the construction contract for the Project to Abacus Construction, Inc. The notice to proceed was issued June 23, 2022, but due to material lead times ( 40- 50 weeks) the project was suspended and construction did not begin until May 22, 2023. On June 5, 2023 Abacus was working to install a temporary diversion in the Olney Creek channel when potentially contaminated soil was encountered on Union Pacific Railroad UPRR) property. Work was halted while sampling and testing was done to determine the nature of contaminants and to prepare a removal plan of the contaminated soil. No work was done onsite from June 6, 2023 through July 18, 2023. During this time, a City consultant prepared the soil removal plan and it was approved by the various permitting agencies.
Work to remove the contaminated soil began on July 19, 2023, and on July 26, 2023, a utility line belonging to UPRR was damaged while installing shoring used to remove the soil. UPRR required the City to update the access agreement to UPRR' s property, submit the contaminated soil removal plan for their approval, make notifications to various UPRR entities, coordinate UPRR preconstruction meetings and rail flaggers before granting access onto railroad property to perform the contaminated soil removal. No work was done on site from July 28, 2023 through November 26, 2023, to complete UPRR' s required process. On November 27, 2023, the contaminated soil removal work began, and the work was completed, including re -opening Eastside Road to two lanes, on December 8, 2023.
During the 2023 construction season, this project was delayed for about five and one- half months in total. Abacus was paid on a time and materials basis for traffic control equipment, pumping equipment, and daily pump maintenance. During construction, a transfer of construction management fiends in the amount of $320,000 into the construction contingency was necessary to fully fund the change orders resulting from the delays and extra work described above.
Packet Pg. 671 Attachment: Previous Staff Report 02-06-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Report to Redding City Council January 31, 2024
Re: 4.11( d) --Approve Increase to Project Budget & Adopt Reso for Eastside Rd over Olney Creek Bridge Page 3
The additional work will cause the project budget to exceed the awarded amounts. An additional 1, 250, 000 is requested to cover increases to the construction contingency ($ 550, 000) and construction management ($ 700, 000) project components.
COST SUMMARY
Item Awarded Adjusted Balance Projected This Increase
Contract Administration,
Inspection, Testing
567, 000 320, 000) 247, 000 947,000 700, 000
Construction Contingency 370, 000 320,000 690,000 1, 240,000 550,000 Totals 937,000 0 937, 000 2, 187, 000 1, 250,000
Environmental Review
This activity is not a project as defined by the California Environmental Quality Act ( CEQA).
On February 6, 2018, the Council adopted the Mitigated Negative Declaration and the Mitigation Monitoring Program and approved the Project, thereby satisfying the requirements of the CEQA Guidelines Section 15074. No further action is required.
Council Priority/ City Manager Goals
This agenda item is a routine operational item.
Attachments
Resolution
Location Map
Previous Staff Report 5- 17- 22
Packet Pg. 672 Attachment: Previous Staff Report 02-06-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) 1 IN WIT11 Ra IW t 1 A
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 29TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023- 060
APPROPRIATING $ 0 IN FUNDING FOR THE EASTSIDE ROAD OVER OLNEY CREEK BRIDGE PROJECT FOR FISCAL YEAR 2023- 2024
BE IT RESOL VED 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
151 1691 Construction Tax Capital $ 0
Projects
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
Increase ( Decrease) Expenditures
151- 1691- 7700004- 00000 Streets
151- 1691- 7700010- 00000 Bridges
USE SOURCE
OF FUNDS OF FUNDS
1, 250, 000)
1, 250, 000
Total $
THAT the purpose is to appropriate $ 0 in funding for the Eastside Road over Olney Creek bridge project for the fiscal year 2023- 2024.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 6th day of February, 2024, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
SHARLENE TIPTON, City Clerk
TENESSA AUDETTE, Mayor
CHRISTIAN M. CURTIS, City Attorney
Packet Pg. 673 Attachment: Previous Staff Report 02-06-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) zl i
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LOCATION MAP
Packet Pg. 674 Attachment: Previous Staff Report 02-06-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.)
C IT Y OF
REMDINO"
AN CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: May 17, 2022 FROM: Ryan Bailey, Assistant ITEM NO. 4. 11( a) Director of Public Works
APPROVED BY***
Ryann Bailey, ant ircctoroF ubli`c ' orks 5i9! 20221 ry tpp t, C i an e 5/ 10/ 2022
rbailey . d.redding. cams 11 btippin@cityofredding. org SUBJECT: 4. 11( a) -- Award Bid Schedule No. 5180 ( Job No. 2477), Eastside Road over OlneyCreek Brid e Project and Adopt Budget Resolution
Recommendation
Authorize the following actions relative to Bid Schedule No. 5180 ( Job No. 2477), Eastside Road over Olney Creek Bridge Project ( Project):
1) Reject the apparent low bid by Stewart Engineering Inc. ( SEI) as nonresponsive and award the project to the second low bidder Abacus Construction, Inc., in the amount of 3, 703, 683. 84;
2) Approve an additional $ 567, 000 to cover the cost of contract administration and inspection fees and $ 645, 000 for project development costs; 3) Approve $370,000 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 $15, 000; and 5) Adopt Resolution approving and adopting the 42nd Amendment to City Budget Resolution No. 2021- 078 appropriating $ 2, 056, 690 in federal grant funds and $ 1, 380, 390 in Transportation Impact Fee funds for the Project.
Fiscal Impact
The Eastside Road over Olney Creek Bridge Project ( Project) is being funded by two sources which consist of the Federal Highway Bridge Program ( HBP) and the City of Redding ( City) Citywide Transportation Impact Fee Program ( TIF). The HBP will fund 88. 53 percent of the project while the remaining 11. 47 percent will be through TIF. Since the bids were higher than the engineer' s estimated cost, staff will be working with California Department of Transportation Caltrans) to obtain additional HBP funding for the project. Staff anticipates the HBP to fully fund its share of the project total costs based upon previous experience with other bridge HBP funded projects. Until those additional funds become available, the TIF will cover the costs above the estimate. Any additional HBP funds will be presented and budgeted in a separate resolution. The HBP funds being appropriated at this time are currently authorized funds that were not previously budgeted.
Packet Pg. 675 Attachment: Previous Staff Report 02-06-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Report to Redding City Council May 10, 2022
Re: 4. 11( a) --Award BS No. 5180, Eastside Road over Olney Creek Bridge Page 2 Cost Summar
Item Estimated
Project Development Costs 645, 000
Construction. Contract + Contingency 4, 073, 683. 84
Contract Administration, Inspection, Testing 567, 000
Additional City Manager Authority 15, 000
Total Project Costs 5, 300, 683. 84
Project Bud et 5, 300, 700
Project cost components are estimated, and some shifting of the funds may be necessary to balance the project within the approved budget.
Alternative Action
Without this project, the bridge will not be replaced, and unsafe conditions for pedestrians and motorists will remain. In addition, the City would be at risk of losing federal funds and may have to reimburse project development federal funds spent to date. The City Council has the following alternative actions:
Choose not to award the bid for the Eastside Road over Olney Creek Bridge Project to the second low bidder Abacus Construction Inc ( Abacus), determine that SEI, the low bidder, did make adequate Good Faith Efforts ( GFE), and award the project to SEI. This may jeopardize current or future federal funding if the City is audited and the audit determines that SEI did not perform an adequate GFE.
Choose not to award the bid for the Eastside Road over Olney Creek Bridge Project and re -advertise the project. This action would delay the project; thereby missing the 2022 construction season and potentially requiring staff to update current environmental permits which would further delay the project. Re -advertising the project would, most likely, increase the number of bids received, and there are no guarantees the low bidder will meet the project' s Disadvantaged Business Enterprise ( DBE) goal or that it would perform an adequate Good Faith Effort (GFE).
Provide staff with other direction.
Background/Analysis
Attached is a tabulation of bids opened on January 25, 2022. The low bid in the amount of 3, 539, 305 was received from SEI of Redding, California. Because the HBP grant funds are from a federal source, the City was required to establish a Disadvantaged Business Enterprise DBE) participation goal specifically for the project, and a goal of 19 percent was established for this project. SEI did not achieve the goal, therefore, per federal regulations, the contractor must perform a Good Faith Effort ( GFE) to be awarded the project. Staff' s evaluation of a bidder' s GFE is based on Section 9 of the Caltrans Local Assistance Procedures Manual ( LAPM) as well as Appendix A of Title 49 CFR Part 26 of the Code of Federal Regulations ( CFR). Staff performed the following process in GFE evaluation for SEI.
Staff received SEI GFE documentation per the specified five days after bid opening.
Staff received a bid protest letter ( January 31, 2022) from the 2" d low bidder, Abacus, which did not provide any reasonable argument as to why the City should reject SEI' s bid. It simply stated that because SEI did not meet the goal regardless of an adequate Packet Pg. 676 Attachment: Previous Staff Report 02-06-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Report to Redding City Council May 10, 2022
Re: 4. 11( a) --Award BS No. 5180, Eastside Road over Olney Creek Bridge Page 3 GFE, SEI' s bid should be rejected and the project should be awarded to Abacus, which is not allowed per the CFR.
Staff completed its GFE evaluation and determined that SEI did demonstrate an adequate GFE.
Per LAPM Section 9. 8 ( Local Public Agency Responsibilities), because the project contract exceeds $ 2 million and the low bidder did not meet the DBE goal, the City must submit the low bidder' s GFE documentation to the Caltrans Division of Local Assistance DLA). In addition, the City may not award the contract without receiving a memorandum from the DLA indicating that Caltrans has determined that the low bidder made a GFE. The City submitted SEI' s GFE to Caltrans District 2 DLA for review.
Staff received, via email from Caltrans District 2 DLA, a memorandum ( March 2, 2022) stating that Caltrans did not concur with the City' s determination that SEI had demonstrated an adequate GFE and concluded that SEI did not demonstrate it performed a GFE. Caltrans DLA relies on Caltrans Office of Civil Rights ( OCR) to perform the GFE evaluations.
Staff received the Abacus DBE complaint on March 9, 2022.
Per LAPM Section 9. 8, because Caltrans did not concur with the City, the City must take Caltrans feedback and re- evaluate the GFE. The City did re- evaluate SEI' s GFE and determined that SEI did not demonstrate an adequate GFE for the reasons noted in the reevaluation and a letter was sent to SEI dated March 21, 2022.
Therefore, in accordance with 49 CFR 26. 53, the City must allow the bidder/ offeror an opportunity for administrative reconsideration as outlined below:
1. As part of this reconsideration, the bidder/offeror must have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made an adequate GFE to do so.
2. City decision on reconsideration must be made by an official who did not take part in the original determination that the bidder/ offeror failed to meet the goal or make adequate GFE to do so.
3. The bidder/offeror must have the opportunity to meet in person with the City reconsideration official to discuss the issues of whether it met the goal or made an adequate GFE to do so.
4. City must send the bidder/ offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make an adequate GFE to do so.
5. The result of the reconsideration process is not administratively appealable to the Department of Transportation.
The City' s March 21, 2022, letter to SEI was notification ofthe City' s determination and its right to reconsideration. SEI responded by email on March 21, 2022, requesting reconsideration and on March 28, 2022, provided the City with a written argument that it made an adequate GFE to meet the goal. The City acknowledged SEI' s request for reconsideration and began the reconsideration process as provided in the City' s letter to SEI, which was dated April 1, 2022.
The reconsideration hearing was held on April 14, 2022, and in attendance were SEI, two Reconsideration Officials ( Officials), and staff. All parties agreed on the meeting format and presented positions regarding the SEI GFE to the Officials. After the reconsideration meeting, the Officials deliberated independently to make a final determination. The Officials' final determination concluded that SEI did not perform an adequate GFE to meet the DBE participation goal for the reasons identified in the final GFE determination letter to SEI dated Packet Pg. 677 Attachment: Previous Staff Report 02-06-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Report to Redding City Council May 10, 2022
Re: 4. 11( a) --Award BS No. 5180, Eastside Road over Olney Creek Bridge Page 4 April 22, 2022. All correspondence is attached for reference. Therefore, SEI' s bid is deemed nonresponsive to the bid solicitation. It should be noted that a nonresponsive bid is not unusual in the industry, and in no way provides a reflection of the contractor' s ability to perform the work, nor does it reflect the quality of work or affect the ability to bid on future public works projects.
The City proceeded to evaluate the second low bidder, Abacus, of Redding, California in the amount of $3, 703, 683. 84. The City reviewed Abacus' s proposal and DBE commitment form.
Abacus achieved a 23. 18 percent participation goal, thereby exceeding the project goal of 19 percent. Since Abacus met the project DBE goal, the CFR does not require the bidder to submit a GFE, although one was provided by Abacus. Staff recommends awarding the project to the second low bidder, Abacus Construction, Inc. The engineer' s estimate was $ 2, 929, 351. 1. 7. Total project development costs for this project are estimated to be $ 645, 000. Project development costs include engineering, surveying, right- of-way, environmental, and consultant services.
This project includes the replacement of the Eastside Road bridge over Olney Creek and the rehabilitation of the approach roadway. The work will include removal of the existing bridge in stages, construction of a new bridge over two summer seasons, construction of retaining walls, sidewalk, curb and gutter, utility relocation, roadway construction, and other miscellaneous items of work.
On February 6, 2018, the Council adopted the Mitigated Negative Declaration ( MND) and the Mitigation Monitoring Program ( MMP) and approved the project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines Section 15074 ( CEQA).
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
Resolution
Location Map
Bid Tab
Mitigated Negative Declaration
01- 31- 2022 Abacus BS 5180 Protest ofApparent Low Bidder 02- 15- 2022 Stewart GFE Evaluation Final
03- 02- 2022 Caltrans GFE Memo
03- 09- 2022 Abacus DBE Complaint Form
03- 21- 2022 COR GFE Letter to SEI
03- 21- 2022 Stewart GFE Re -Evaluation final
03- 28- 2022 SEI Response Letter to GFE Evaluation
04- 01- 2022 COR Response to SEI GFE Evaluation Letter
04- 01- 2022 COR Reconsideration Meeting Letter
04- 22- 2022 COR SEI GFE Reconsideration Final Determination Letter Title 49 CFR 26. 53
Title 49 CFR 26. 53 Appendix A
Caltrans LAPM Section 9. 8
Packet Pg. 678 Attachment: Previous Staff Report 02-06-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Mitigated Negative Declaration and the Mitigation Monitoring Program, and approve the Eastside Road Bridge at Olney Creek Bridge Replacement Project as described. With this action, the City of Redding will be in compliance with the requirements of the California Environmental Quality Act (CEQA Guidelines §15074).
Fiscal Impact
Adoption of the Mitigated Negative Declaration and the Mitigation Monitoring Program allows the project to move forward toward the final design and construction phases. There is no fiscal impact as a direct result of adopting the Mitigated Negative Declaration, and Mitigation Monitoring Program.
Alternative Action
The City Council (Council) can choose to not adopt the Mitigated Negative Declaration. Without approval of the Mitigated Negative Declaration and the Mitigation Monitoring Program, the project would not proceed forward as a City project, as it would be out of compliance with the California Environmental Quality Act (CEQA).
Background/Analysis
The City’s Public Works Department proposes to replace the existing 30-foot wide, 70-foot long, three span bridge on Eastside Road over Olney Creek. The new 52-foot wide, 86-foot long, three span cast-in-place concrete slab bridge will meet current design standards and hydraulic capacity needs. The new roadway approach will include two 12-foot wide travel lanes, eight foot wide shoulders, and six foot wide sidewalks on Eastside Road. The proposed sidewalk on the east side of the road will connect to an existing sidewalk in the southeastern corner of the project area.
MEETING DATE: February 6, 2018
ITEM NO. 4.11(c)
[S-070-050/A-050-300]
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(c)--Adoption of Eastside Road Bridge over Olney Creek Mitigated Negative Declaration
Brian Crane, Public Works
Director
Packet Pg. 679 Attachment: Previous Staff Report 02-06-18 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Report to Redding City Council January 30, 2018
Re: 4.11(c)--Adoption of Eastside Road Bridge over Olney Creek MND Page 2 Approaching roadwork will extend approximately 200-feet to the south, and up to 300-feet to the north of the bridge. Construction of the proposed project would require two seasons; beginning in the spring of 2019, with completion by late Fall 2020.
The bridge foundation system will likely consist of spread footings supporting the pier walls and cast-in-drilled-hole (CIDH) piles at the abutments. If CIDH piles are used, pile driving will not be necessary. However, driven piles may be needed to support falsework. If pile driving is used, it would occur during the dry summer months when water would likely be absent from the channel. If water is present during construction, a temporary stream diversion using standard culverts and rounded fish gravel would be used during construction. The spread footing would require an excavation of 6 to 8-feet in the channel, and the bridge abutments would be armored with rock slope protection (RSP). The new abutments would sit above the flow line, with two piers in the channel. Approximately 180 cubic yards of ¼ ton RSP would be placed around the bridge abutments, of which approximately 160 cubic yards would be placed below the ordinary high water mark.
Utilities, including a 10-inch gas line and a 10-inch water line, will be relocated from the existing bridge structure to the new bridge structure. Overhead utilities will not require relocation. An existing storm drain that currently discharges into the creek at the northwest corner of the bridge will be reconstructed through the new bridge abutment. The storm drain will outlet at the northern abutment and onto the RSP, which would dissipate flow energy.
Staged construction will be used to build the bridge. Traffic controls, such as a temporary signal or one way traffic control, will be used to maintain traffic flow through the project area.
Alternative routes such as SR 273 and South Bonnyview Road will be available during construction. The contractor staging area will be located on the abandoned road extension immediately north of the bridge. Temporary construction easements would be required for the project.
An Initial Study (IS) was prepared to satisfy the requirements of the California Environmental Quality Act (CEQA). It describes why the Project is being proposed and the potential impacts to the existing environment. The IS shows that the proposed Project could have a significant effect on biological resources, but with implementation of mitigation measures, those impacts will be reduced to a level considered less than significant. The mitigation measures and conservation measures to be implemented are common practices and include, but are not limited to, biological pre-construction surveys, in-water work windows, impact minimization, exclusionary fencing, erosion control, and on-site plant restoration.
Based on the conclusions made in the IS, a Mitigated Negative Declaration (MND) was prepared. The MND describes the project, including mitigation measures, and makes the determination that there will be no significant effect on the environment provided that the defined mitigation measures are implemented as part of the project.
In addition, a Mitigation and Monitoring Program (MMP) has been written and incorporated into the MND (CEQA Section 21081.6). The MMP will be used by City staff, contractors, agencies, and monitoring personnel during and after the project to ensure effective implementation of the adopted mitigation measures outlined in the MND.
Packet Pg. 680 Attachment: Previous Staff Report 02-06-18 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Report to Redding City Council January 30, 2018
Re: 4.11(c)--Adoption of Eastside Road Bridge over Olney Creek MND Page 3 The IS, MND, and MMP documents were sent to the State Clearinghouse for a 30-day public review period before distribution to pertinent state agencies. They were sent to local resource agencies and the Shasta County Clerk, and posted on the Public Works Department website. A public notice was also sent to landowners in the vicinity of the project and posted in the local newspaper. No comments were received during the public comment period.
The City of Redding is the lead agency for the Project pursuant to CEQA. As the lead CEQA agency, the City Council is authorized to adopt the MND per Redding Municipal Code Section §18.24.070.E and state law. Upon adoption of the MND and approval of the project by the City Council, a Notice of Determination will be filed with the Shasta County Clerk’s Office and the State Clearinghouse, completing the environmental review process. The IS and MND are available in the City Clerk’s office for review.
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
Mitigated Negative Declaration
Site Location Map
Initial Study (available online)
Mitigation Monitoring Program
Packet Pg. 681 Attachment: Previous Staff Report 02-06-18 (9.11(i)--Contractor's Control Termination with Abacus Construction, Inc.) Packet Pg. 682
Attachment: Notice of Contractors Control Termination Letter - 6-25-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Packet Pg. 683
Attachment: Notice of Contractors Control Termination Letter - 6-25-24 (9.11(i)--Contractor's Control Termination with Abacus Construction, Packet Pg. 684 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with Packet Pg. 685 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with Packet Pg. 686 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with Packet Pg. 687 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with Packet Pg. 688 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with Packet Pg. 689 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with Packet Pg. 690 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with Packet Pg. 691 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with Packet Pg. 692 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with Packet Pg. 693 Attachment: Contractor Response 7-2-24 to Notice of Contractors Control Termination Letter (9.11(i)--Contractor's Control Termination with
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Offer an Ordinance amending Redding Municipal Code (RMC) Title 2 (Administration and Personnel), to modify, Chapter 2.04.010 (City Council Compensation), increasing the monthly salary, for first reading by title only and waive the full reading; (2) Authorize the City Clerk to publish the ordinance in accordance with law; and (3) Find that the action is exempt from environmental review under the California Environmental Quality Act (CEQA) Guidelines, pursuant to section 15061(b)(3) – Common Sense Exemption.
Background/Analysis
Effective January 1, 2024, the California Legislature updated the salary limits for city council members in general law cities. These salaries are primarily set by ordinances adopted by the council, pursuant to authorization and limits set by statute. Under Government Code section 36516, councils may set salaries at or below specified limits based on the population of their city.
Salaries may only exceed these limits: (1) if submitted to and approved by the voters at any municipal election; or (2) by charter. As of January 1, 2024, those limits are:
(A) $950 per month, for a city of population of 35,000 or less; (B) $1,275 per month, for a city of population over 35,000 and less than 50,000; (C) $1,600 per month, for a city of population over 50,000 and less than 75,000; (D) $1,900 per month, for a city of population over 75,000 and less than 150,000; (E) $2,550 per month, for a city of population over 150,000 and less than 250,000; and MEETING DATE: November 19, 2024
ITEM NO. 9.14(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.14(a)--Consider Ordinance Amending Redding Municipal Code Title 2 (Administration and Personnel) to Increase City Council Member Compensation.
Christian M. Curtis, City
Attorney
Packet Pg. 694
Report to Redding City Council November 15, 2024
Re: 9.14(a)--Offer City Council Compensation Ordinance for First Reading by Title Only Page 2 (F) $3,200 per month, for a city of population over 250,000.
These limits increase by an amount equal to inflation from January 1, 2024, based on the California Consumer Price Index, with a maximum adjustment of 10 percent per year.
Alternatively, a new ordinance can authorize an increase beyond the inflation-adjust limit if it would provide a raise of no more than five percent per year above the last salary approved by ordinance.
Based on Redding’s population, the maximum salary that the City Council can enact without voter approval is $1,900 per month. If the City Council desires to set a new salary within this limit, it must do so by ordinance. Unlike most ordinances, both the first and second reading must occur at a regular meeting. Moreover, the ordinance cannot provide for any automatic future increases. Once adopted, the increased salaries will phase into effect as each council seat begins a new term. The $1,900 maximum salary is inclusive of any benefits that the City Council receives in excess of the balance of City of Redding unrepresented employees. Therefore, depending on the action taken by the City Council, the Employment and Benefit Policies for Unrepresented Employees may need to be updated to reflect the change.
Environmental Review
This is not a project defined under the California Environmental quality Act, and no further action is required.
Council Priority/City Manager Goals
• This is a routine operational item.
Attachments
^Strikeout Ordinance Title 2 Council Compensation
^Clean Ordinance Title 2 Council Compensation
Packet Pg. 695
STRIKEOUT ORDINANCE
OLD LANGUAGE: STRUCK OUT
NEW LANGUAGE: UNDERLINE
AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING
MUNICIPAL CODE TITLE 2 (ADMINISTRATION AND PERSONNEL),
CHAPTER 2.04.010 (COMPENSATION) TO REVISE THE STIPEND FOR
MEMBERS OF THE CITY COUNCIL
2.04.010 Compensation.
Each member of the city council shall receive a monthly salary in accordance with the provisions of California Government Code Section 36516, as may be amended from time to time, with any compensation changes to be effective pursuant to the provisions of California Government Code Section 36516.5.
Each member of the City Council shall be entitled to a stipend (salary) and benefits as follows:
A. Each member shall receive a salary of one thousand nine hundred dollars ($1,900.00) per month;
B. Each City Council Member shall be eligible to participate in the health, welfare and retirement programs of the City.
1. A City Council Member may choose to become a part of the City's health care plan.
The City will pay the percent of the premium that it pays for unrepresented employees as outlined in the Employment and Benefit Policies for Unrepresented Employees.
2. If a Council Member chooses to cover a spouse or family member, they may do so, however, the Council Member will reimburse the City for any additional costs of any selection in excess of self-coverage only as indicated above.
Packet Pg. 696 Attachment: ^Strikeout Ordinance Title 2 Council Compensation (9.14(a)--Offer City Council Compensation Ordinance for First Reading by Title
DRAFT ORDINANCE
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING
MUNICIPAL CODE TITLE 2 (ADMINISTRATION AND PERSONNEL),
CHAPTER 2.04.010 (COMPENSATION) TO REVISE THE STIPEND FOR
MEMBERS OF THE CITY COUNCIL
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Redding Municipal Code Title 2 (Administration and Personnel), Chapter
2.04.010 (Compensation), is amended to read as follows:
2.04.010 Compensation.
Each member of the City Council shall be entitled to a stipend (salary) and benefits as follows:
A. Each member shall receive a salary of one thousand nine hundred dollars ($1,900.00) per month;
B. Each City Council Member shall be eligible to participate in the health, welfare and retirement programs of the City.
1. A City Council Member may choose to become a part of the City's health care plan.
The City will pay the percent of the premium that it pays for unrepresented employees as outlined in the Employment and Benefit Policies for Unrepresented Employees.
2. If a Council Member chooses to cover a spouse or family member, they may do so, however, the Council Member will reimburse the City for any additional costs of any selection in excess of self-coverage only as indicated above.
Section 2. Severability. If any section, subsection, sentence, clause or phrase of these ordinances is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinances. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Packet Pg. 697 Attachment: ^Clean Ordinance Title 2 Council Compensation (9.14(a)--Offer City Council Compensation Ordinance for First Reading by Title Section 3. The passage of this ordinance is not a “project” according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review.
Section 4. This Ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 19
th day of November, 2024, and was duly
adopted at a regular meeting on the _____ day of ____________, 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 DATE ATTESTED: _______________, 2024
Packet Pg. 698 Attachment: ^Clean Ordinance Title 2 Council Compensation (9.14(a)--Offer City Council Compensation Ordinance for First Reading by Title