Redding City Council
April 15, 2025

Agenda
Regular Meeting
Redding City Council
Council Chambers
777 Cypress Avenue
Redding, CA

April 15, 2025
6:00 PM

1. CALL TO ORDER - MAYOR JACK MUNNS
A. Pledge of Allegiance
B. Invocation - Jen McCloskey, Redding Police and Redding Fire Department's Chaplain C. Roll Call

2. PRESENTATIONS

2A. Mayor's Proclamation presented to Raising Shasta declaring April 2025 as Child Abuse Prevention Awareness Month in the City of Redding.

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

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

COMMENT ITEMS

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

The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted their name through the electronic kiosk, the Council will tr ail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.

If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please enter your name in the electronic kiosk located in the lobby. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on -line at the City’s web site at www.cityofredding.gov or in the Public View binder located on the podium at the north side of the Chambers.

PLEASE SILENCE YOUR CELL PHONES. THANK YOU.

Redding City Council April 15, 2025

4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calend ar, please enter your name in the electronic kiosk located in the lobby before the Consent Calendar is consid ered. It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remo ve an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation.

4(a). Approve City Council Minutes: Regular Meeting of March 18, 2025; Special Meeting – Closed Session of April 1 , 2025; and Regular Meeting of April 1, 2025.

4.1(a). Accept update regarding the proclamation declaring a local emergency due to flooding and, pursuant to Public Contract Code 20168 and 22050(c)(1), make a determination by a four -fifths vote that there is a need to continue the emergency.

4.1(b). Authorize and approve the following:
(1) Authorize the Mayor to sign a letter of opposition to Senate Bill 79 (Wiener), which undermines state -certified housing elements and grants land use authority to transit agencies; and
(2) Authorize staff to present future letters of support or opposition regarding legislation to the Mayor for consideration, specifically those that propose the removal of, or seek protections for, local control over land use, housing policies, or the ability to bypass local zoning.

4.2(a). Authorize and approve the following:
(1) Approve a Subordination Agreement with The Good News Rescue Mission in the amount of $500,000 thereby authorizing the City of Redding’s loan in the amount of $3,000,00 0 to be in second position for the Good News Rescue Mission’s Day Resource Center Project; (2) Adopt Resolution authorizing the City Manager, or designee, to execute the Subordination Agreement;
(3) Find that adopting a resolution is not considered a project und er the California Environmental Quality Act; and
(4) Find that adopting a resolution is exempt under the National Environmental Policy Act under Title 24 CFR 58.34(a)(3).

4.6(a). Adopt Resolution proclaiming Friday, April 2 5, 202 5, as Community Tree Planting Day , otherwise known as Arbor Day , in the City of Redding; and recognizing the City of Redding’s Community Services Department - Parks Division for receiving the Tree City U.S.A. Award.

Redding City Council April 15, 2025

4.6(b). Authorize and approve the following:
(1) Approve the design changes to the Sundial Bridge South Plaza area; and (2) Find that the project is categorically exempt from environmental review under the California Environmental Quality Act, pursuant to Section 15301 – Existing Facilities.

4.6(c). Authorize and approve the following relative to the City of Redding’s Recreation Division’s operations of the City Hall coffee kiosk:
(1) Authorize the purchase of miscellaneous food and beverage items from various local vendors up to a total of $4,500 per week; (2) Authorize the City Treasurer to include the City Hall coffee kiosk to the existing Square account to accept payments referenced in Resolution No. 2024-073; and
(3) Authorize the City Manager, or designee, to appoint a new signer to replace an authorized signer who has either le ft employment with the City of Redding or their job responsibilities have changed.

4.11(a). Adopt Resolution approving and adopting the 74 th Amendment to City Budget Resolution No. 2023-060 appropriating $70,000 to install fencing along a portion of the Stillwater Business Park Preserve Boundary.

4.11(b). Authorize and approve the following:
(1) Approve a Lease Agreement 7875 with the California State Lands Commission for the Lake Redding Bridge and Diestelhorst Bridge crossing over the Sacramento River at Assessor’s Parcel Numbers 101 - 490-011, 112-140-007, and 112-390-007, for a period of 20 years ending on February 28, 2045, for authorized improvements to include the existing vehicle bridge and bicycle/pedestrian bridge, three -electric transmission lines, one 16-inch water pipe, associated service lines and light poles; and
(2) Find the action categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 - Existing Facilities.

4.11(c). Authorize and approve the following:
(1) Approve an Agreement to Provide Reimbursement with Ridgeline Builders Group Inc., a Nevada Corporation , for design and construction of a sanitary sewer mainline to City of Redding construction standards for a not-to-exceed price of $93,300; and
(2) Find that the project is categorically exempt from environmental review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 - Existing Facilities and Section 15303 - New Construction or Conversion of Small Structures.

Redding City Council April 15, 2025

4.11(d). Authorize and approve the following relative to the South Street Water Main at Railroad Emergency Replacement Project (Project):
(1) Accept update regarding the Project; and
(2) Pursuant to Public Contract Code Section 22050(c)(1), make a determination by a four -fifths vote that there is a need to continue the emergency work.

4.15(a). Adopt Resolution proclaiming Sunday, April 20 , 2025, through Saturday, April 26, 2025 , as Volunteer Appreciation Week in the City of Redding (City), in recognition of V olunteers contributing over 32,357 hours of service to the City in calendar year 2024, and providing an approximate economic value of over $1,083,600.

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

5. APPOINTMENTS
Mayor Jack Munns

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

Recommendation:

Approve Mayor’s recommendation to: (1) appoint Blake Nance to the Planning Commission to serve a four-year term effective May 1, 2025, through April 30, 2029; and (2) appoint Erin Ryan to serve a four -year term effective May 1, 2025, through April 30, 2029.

9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,

BOARDS, COMMISSIONS AND COMMITTEES

Fire Department

9.8(a). Consider an uncodified ordinance adopting the State of California Fire Hazard Severity Zone (FHSZ) Map pursuant to Government Code 51179.

Recommendation:

Authorize and approve the following:
(1) Introduce an Uncodified Ordinance for first reading by title only and waive the full reading, adopting the State of California Fire Hazard Severity Zone Map, pursuant to Government Code 51179.

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

Information Only
Redding City Council April 15, 2025

12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS

FOR FUTURE CITY COUNCIL MEETINGS

13. ADJOURNMENT

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

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

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

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

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

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Mayor's Proclamation presented to Raising Shasta declaring April 20 25 as Child Abuse Prevention Awareness Month in the City of Redding.

Attachments
^Proclamation Child Abuse Prevention Month
MEETING DATE: April 15, 2025
ITEM NO. 2A
FROM:

***APPROVED BY***

[email protected]

SUBJECT: 2A--Mayor's Proclamation declaring April 2025 as Child Abuse Prevention Awareness Month in the City of Redding
Sharlene Tipton, City Clerk
Packet Pg. 6
Packet Pg. 7
Attachment: ^Proclamation Child Abuse Prevention Month (2A--Mayor's Proclamation declaring April 2024 as Child Abuse Prevention

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Approve City Council Minutes: Regular M eeting of March 18, 2025; Special Meeting – Closed Session of April 1, 2025; and Regular Meeting of April 1, 2025.

Attachments
^Unofficial Minutes - Regular Meeting of March 18, 2025 ^Unofficial Minutes - Special Meeting - Closed Session of April 1, 2025 ^Unofficial Minutes - Regular Meeting of April 1 , 2025 MEETING DATE: April 15, 2025
ITEM NO. 4(a)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4(a)--Approve City Council Minutes.

Sharlene Tipton, City Clerk
Packet Pg. 8

3/18/2025
Unofficial Minutes Redding City Council, Regular Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
March 18, 2025, 6:00 PM

The meeting was called to order at 6:06 p.m. by Mayor Jack Munns with the following Council Members present: Tenessa Audette, Dr. Paul Dhanuka, Mike Littau, and Erin Resner.

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

The Pledge of Allegiance was led by Vice Mayor Littau.

The Invocation was provided by Colin Duffy, Redding Nazarene Church.

PRESENTATIONS

2A. Presentation of Mayor’s Certificate of Recognition to Kerry Caranci , Community Foundation Chief Executive Officer, in honor of the Community Foundation of the North State’s 25th Anniversary and its over $100 million in impact over two decades working to enrich North State communities.

The City Council took no formal action on this informational item.

2B. Presentation by Todd Jones, Redding Chamber of Commerce President, providing a quarterly report regarding tourism marketing and promotion efforts for the City of Redding.

The City Council took no formal action on this informational item.

PUBLIC COMMENT

Jaclyn Treadway expressed a need for more community engagement for the homeless and offered a presentation to the Council regarding the nonprofit work happening within her organization as well as her contact information to the Council and public to access volunteer opportunities in the North state.

Sheryl Bullock expressed her concerns and opposition to the proposed City of Redding project called The Peaks Subdivision to be built off of Quartz Hill Road.

Destany Papke relayed background information reg arding a crime committed at her home and expressed frustration with the handling of the case by the Shasta County District Attorney’s Office and Shasta County Sheriff’s Office.

Laurie Baker opined that the United Way’s Building Bridges program offers sev eral opportunities to bring the community together through programs such as Learning Lounges. She noted that programs can be accessed through United Way’s website at https://www.norcalunitedway.org/building-bridges.

CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar and each Report to City Council (staff report) is incorporated herein by reference:

4(a). Approve City Council Minutes: Special Meeting of March 3, 2025, The Peaks Subdivision Project Site Tour.

4(b). Accept City of Redding Accounts Payable (AP) Register No. 7 for the period January 1, 2025, through January 31, 2025, in the amount of $25,597,520.87; and AP Register No. 8 for the period February 1, 2025, through February 28, 2025 , in the amount of $18,014,722.10. SUMMARY TOTAL: $43,612,242.97.

4.1(a). Accept update regarding the proclamation declaring a local emergency due to flooding and, pursuant to Public Contract Code 20168 and 22050(c)(1), make a determination by a four - fifths vote that there is a need to continue the emergency.

4.1(b).Authorize the Mayor to send a letter of support for Assembly Bill 476 (Gonzalez) which enhances enforcement measures against copper wire theft.

Packet Pg. 9
Attachment: ^Unofficial Minutes - Regular Meeting of March 18, 2025 (4(a)--Approve City Council Minutes) 8 3/18/2025

4.4(a). Authorize and approve the following: (1) a ccept the 2024 City of Redding General Plan/Housing Element Annual Progress Report; and (2) direct staff to forward the document to the Governor’s Office of Planning and Research, and the State of California Department of Housing and Community Development.

4.6(a). Authorize the following actions relative to the City of Redding Whale Tail Grant: (1) accept the California Natural Resources Agency – California Coastal Commission Whale Tail Grant in the amount of $50,000; (2) authorize the City Manager, or designee, to execute the grant agreement and associated documents for the California Natural Resources Agency – California Coastal Commission Whale Tail Grant FY 2024 -25 project; and (3) adopt Resolution No. 2025 -017, a resolution of the City Council of the C ity of Redding, approving and adopting the 71 st Amendment to Budget Resolution No. 2023 -060 appropriating $50,000 in state funding for the California Natural Resources Agency – California Coastal Commission Whale Tail Grant.

4.9(a). Authorize and approve the following: (1) adopt Resolution No. 2025-018, a resolution of the City Council of the City of Redding, ratifying the application for, and authorizing the acceptance of funding from the California Highway Patrol’s Cannabis Tax Fund Grant Program, if awarded, in the amount of $288,974; (2) authorize the City Manager , or designee, to execute said contract and any associated amendments; and (3) authorize the City Manager to administratively appropriate the grant funds.

4.11(a).Authorize and approve the following relative to Contract Purchase Agreement No. 225 Water Utility Warehouse Items and Fire Hydrants: (1) approve increased expense under the contract with Pace Supply Corporation for an annual evaluated price of $400,000; (2) authorize the Purchasing Officer to extend the bid award annually with Pace Supply Corporation through March 31, 2028, if mutually agreeable, with all terms and conditions remaining the same and price adjustments in direct proportion to a Producer Price Index; and (3) authorize the City Manager, or designee, to approve an additional $50,000 to the contract award as a contingency per fiscal year.

4.11(b).Authorize and approve the following relative to the City of Redding’s COVID -19 Economic Stimulus Package projects: (1) accept the Project Status Report; and (2) ratify approval of City Manager award for the Upgrade HVAC at City Hall (C19-M-03) to Jessee Heating and Air, Inc. in the amount of $480,763.

4.11(c).Authorize and approve the following relative to the South Street Water Main at Railroad Emergency Replacement Project (Project): (1) a ccept update regarding the project; (2) approve an increase to the budget for construction in the amount of $340,000, bringing the total pro ject budget to $1,380,000; and (3) pursuant to Public Contract Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.

4.11(d).Approve an increase to the Churn Creek Lift Station Rehabilitation Project’s (Bid Negotiation No. 5452) construction contingency budget in the amount of $65,000, bringing the construction contingency total to $262,000 for the project.

A MOTION WAS MADE by Council Member Dr. Dhanuka, seconded by Council Member Audette, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, ratified, and or authorized as recommended.

The Vote:

AYES: Council Members – Audette, Dhanuka, Littau, Resner, and Munns NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None

Resolution Nos. 2025-017 and 2025-018 are on file in the Office of the City Clerk.

Packet Pg. 10
Attachment: ^Unofficial Minutes - Regular Meeting of March 18, 2025 (4(a)--Approve City Council Minutes) 9 03/18/2025

JOINT PUBLIC HEARING WITH THE REDDING JOINT POWERS FINANCING AUTHORITY.

6.1. Joint Public Hearing – Resolution; to consider authorization of the issuance of bonds to finance the significant replacement and upgrades to overhead and underground infrastructure systems, enhancements and construction at the Redding Power Plant.

Redding Electric Utility Assistant Director Joseph Bowers highlighted the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.

The hour of 6:38 p.m. having arrived, Mayor Munns opened the Joint Public Hearing.

Mayor Munns determined that no one present wished to address this matter and closed the Public Hearing.

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

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Audette, seconded by Council Member .

Munns, to: (1) adopt Resolution No. 2025-019, a resolution of the City Council of the City of Redding: (a) approving the issuance by the Redding Joint Powers Financing Authority of its Electric System Revenue Bonds, 2025 Series A, in an amount not to exceed $70 million to finance the 2025A Ele ctric System Project; (b) authorizing the execution and delivery of an Installment Sale Agreement, a Purchase Contract, and a Continuing Disclosure Agreement; (c) approving the form and distribution of the Official Statement; and (d) authorizing the execut ion of documents and the taking of all necessary actions relating to the financing.

The Vote:

AYES: Council Members – Audette, Dhanuka, Littau, Resner, and Munns NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None

Resolution No. 2025-019 is on file in the Office of the City Clerk.

REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,

BOARDS, COMMISSIONS AND COMMITTEES

9A. Reports from Independent Auditors for the year ended June 30, 2024.

Finance Director Gregory Robinett provided an overview of the Report to City Council (staff report), and a PowerPoint presentation, both incorporated herein by reference.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Resner , seconded by Council Member Audette, to approve the Audit Committee’s recommendation; and (2) accept the Statement on Auditing Standards AU-C 260 Letter and the draft copy of the Single Audit Reports for the year ended June 30, 2024. The Vote: Unanimous Ayes.

**Clerk’s Note: Item 9.10(a) was moved after Item No. 9A at the request of City Manager Tippin.

9.10(a).Acceptance of the City of Redding Annual Comprehensive Financial Report for the year ended June 30, 2024.

Finance Director Gregory Robinett summarized the Report to Cit y Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Audette, seconded by Council Member Resner, to accept the City of Redding Annual Comprehensive Financial Report for the fiscal year ended June 30, 2024. The Vote: Unanimous Ayes.

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Attachment: ^Unofficial Minutes - Regular Meeting of March 18, 2025 (4(a)--Approve City Council Minutes) 8 3/18/2025

9.1(c). Accepting report regarding tobacco retailing in the City of Redding.

Management Assistant to the City Manager Jason Gibilisco summarized the Report to City Council (staff report), and a PowerPoint presentation, both incorporated herein by reference.

Mr. Gibilisco and Police Chief Barner relayed the necessary resources and steps needed to incorporate a tobacco retail license program.

The following retail owners spoke in opposition to an increasing the tobacco retailing licensing fees and enforcement: Ishar Gill, Jaskaran Sahita, Jagdeep Singh , and Baljovan Singh.

The following spoke in favor of stronger tobacco retail licensing fees and enforcement for retail and vape/smoke shops : Ava Donaghe, Marley Allen -Wadley, Cathy Grindstaff, Paula Taillant, Jennifer Coulter, Aleta Carpenter, Debbie Burkett, Madison Bible, Norm Lassard, Kristen Schreder, and Mark Mezzano.

A discussion amongst the Council ensued.

In response to Council Member Resner, City Manager Tippin advised that zoning amendments pertaining to tobacco retailers and smoke shops would require Planning Commission review prior to Council’s approval.

City Manager Tippin further addressed Council’s concerns and advised that staff could bring back two ordinances that would allow Council to review prior to adoption.

A consensus of the Council accepted the report on tobacco retailing, and directed staff to return to Council for consideration at a future Council meeting with draft tobacco retail licensure ordinance options that include varying enforcement and elements on zoning.

Mayor Munns left the Chambers at 9:19 p.m. and returned at 9:21 p.m. Council Member Dhanuka left the Chambers at 9:20 p.m. and returned at 9:23 p.m.

9.2(b). Oral Presentation by Housing Community Development Manager Nicole Smith regarding City of Redding Housing Division Programs.

Nicole summarized the Report to Cit y Council (staff report), and provided a PowerPoint presentation, both incorporated herein by referenc e, providing Council with updates regarding programs and special needs population activities, including activities that address homelessness.

A discussion from the Council ensued.

The City Council took no formal action on this informational item.

Council Member Resner left the room at 9:37 p.m. and returned at 9:39 p.m.

9.6(b). Oral report by Community Services Associate Project Coordinator Leah Mancabelli regarding the City of Redding-owned Oregon Gulch Open Space in the City of Redding.

Ms. Ma ncabelli highlighted the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference , providing the Council with background information regarding the 378 -acre City of Redding-owned Open space along with updates relative to impact mitigation and programming efforts to-date.

A discussion from the Council ensued.

The City Council took no formal action on this informational item.

9.10(b).City of Redding Mid-Year Budget Review and associated Resolution.

Finance Director Gregory Robinett provided an overview of the Report to City Council (staff report), and a PowerPoint presentation, both incorporated herein by reference.

A discussion amongst the Council ensued.

Packet Pg. 12
Attachment: ^Unofficial Minutes - Regular Meeting of March 18, 2025 (4(a)--Approve City Council Minutes) 9 03/18/2025

A MOTION WAS MADE by Council Member Resner , seconded by Council Member Munns, to: (1) accept the City of Redding’s Fiscal Year 2024-25 Mid-Year Budget Report; and (2) adopt Resolution No. 2025 -020, a resolution of the City Council of the City of Redding, approving and adopting the 70 th Amendment to City Budget Resolution No. 2023-060 increasing appropriations by $3,579,340 for Fiscal Year 2024-25.

The Vote:

AYES: Council Members – Audette, Dhanuka, Littau, Resner, and Munns NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None

Resolution No. 2025-020 is on file in the Office of the City Clerk.

9.15(a).Adoption of an Uncodified Ordinance authorizing an amendment to the City of Redding's contract with California Public Employees' Retirement System (CalPERS) to allow Unrepresented Safety and Non-Safety Employees and Elected Officials to share additional costs of the retirement benefit.

Personnel Director Kari Kibler summarized the Report to City Council (staff report), incorporated herein by reference.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Resner , seconded by Council Member Munns, to: (1) adopt an uncodified Ordinance No. 2675, an ordinance of the City Council of the City of Redding amending the Retirement Contract (C -99) between the City of Redding (City) and CalPERS to adopt Government Code Section 20516 (Employees Sharing Additional Cost) for Unrepresented Safety and Non-Safety Employees and Elected Officials; (2) authorize the Mayor to sign the contract for the City upon receipt of the final document from CalPERS; (3) authorize the City Clerk to sign the Certification of Compliance with Government Code Section 20516 (CON 500); and (4) authorize the City Clerk to sign the Certification of Compliance with Government Code Section 7507 (CON 12A). The Vote:

AYES: Council Members – Audette, Dhanuka, Littau, Resner, and Munns NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None

Assistant City Attorney Stuhr read Ordinance No. 2675 by title only and is on file in the Office of the City Clerk.

SUGGESTIONS FROM COU NCIL MEMBERS RELATIV E TO POTENTIAL TOPIC S FOR

FUTURE CITY COUNCIL MEETINGS

At Council Member Audette’s suggestion, a consensus of the Council directed staff to reprioritize and return to Council at a future Council meeting with a presentation on a fee structure relating to receipt of electronic fees from third-party rentals such as Airbnb and VRBO in the City of Redding.

ADJOURNMENT
There being no further business at the hour of 10:1 8 p.m., Mayor Munns declared the m eeting adjourned.

APPROVED:

________________________
Jack Munns, Mayor

ATTEST:

______________________________
Sharlene Tipton, City Clerk

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Attachment: ^Unofficial Minutes - Regular Meeting of March 18, 2025 (4(a)--Approve City Council Minutes) 29 04/1/2025
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 1, 2025, 5:00 P.M.

The meeting was called to order by Mayor Jack Munns with the following Council Members present: Tenessa Audette, Dr. Paul Dhanuka, Mike Littau, and Erin Resner.

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

PUBLIC COMMENT

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

CLOSED SESSION

At the hour of 5:02 p.m., Mayor Munns opened the Special Meeting and announced that the Council would adjourn to Closed Session.

At the hour of 6:03 p.m., Mayor Munns reconvened the Special Meeting to Open Session and reported that in reference to:

3A. Closed Session pursuant to California Government Code Section 54956.9(d)(1):

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Adams v. City of Redding, et al.; U.S. District Court, Eastern District of California, Case No. 2:20-cv-01610-TLN-DMC

Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.

3B. Closed Session pursuant to California Government Code Section 54956.9(d)(1):

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Storaasli v. City of Redding; Shasta County Superior Court Case No. 203991

Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.

3C. Closed Session pursuant to California Government Code Section 54956.9(d)(1):

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Day v. City of Redding; WCAB Case No. ADJ19406870

Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.

3D. Closed Session pursuant to California Government Code Section 54956.9(d)(1):

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Wynhoff v. City of Redding; Shasta County Superior Court Case No. 24CV-0204924

Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.

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

APPROVED:

_______________________________
Jack Munns, Mayor
ATTEST:

______________________________
Sharlene Tipton, City Clerk
Packet Pg. 14
Attachment: ^Unofficial Minutes - Special Meeting - Closed Session of April 1, 2025 (4(a)--Approve City Council Minutes)

4/18/2025
Unofficial Minutes Redding City Council, Regular Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 1, 2025, 6:00 PM

The meeting was called to order at 6:05 p.m. by Mayor Jack Munns with the following Council Members present: Tenessa Audette, Dr. Paul Dhanuka and Mike Littau, and Erin Resner.

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

The Pledge of Allegiance was led by Council Member Audette.

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

PRESENTATIONS

2A. Mayor’s Proclamation presented to Executive Director Wendy Dickens with First 5 Shasta declaring April 4-12, 2025, as Week of the Young Child in the City of Redding.

The City Council took no formal action on this informational item.

2B. Mayor's Proclamation presented to Nancy Hill with the Shasta County Arts Council declaring April 2024 as Arts, Culture, and Creativity Month in the City of Redding.

The City Council took no formal action on this informational item.

PUBLIC COMMENT

In response to Susan Murray’s comment s, City Manager Tippin advised that : (1) the City of Redding and the Redding Rodeo Association (RRA) have reached an agreement regarding its lease extension, and contracts are pending with the RRA’s Attorney; and (2) Vice Mayor Littau was appointed in December 2024 to fill the vacancy to the Redding Rodeo Ground lease Ad Hoc Committee left by outgoing Council Member Joshua Johnson.

On behalf of the Redding Parks and Trail Foundation, Christina Prosperi shared that the Foundation has raised over $13,000.00 in the first quarter of 2025, highlighted that several more fundraisers are planned, with more information provided on the Redding Parks & Trial Foundation Facebook Page. She encouraged everyone to get out and enjoy the trails.

Jenny Nowain thanked the Council for always being considerate of the public when differing opinions are expressed.

Steve Kohn expressed his frustration that the Council is not communicating with their constituents.

Huston Kalinowski opined concerns regarding City budget deficits and the City Manager’s salary compared to cities of similar size to Redding.

CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar and each Report to City Council (staff report) is incorporated herein by reference:

4(a). Approve City Council Minutes: Special Meeting – Closed Session of March 4, 2025; Regular Meeting of March 4, 2025; Special Meeting – Budget Workshop No. 2 of March 13, 2025; Special Meeting – Redding Rancheria Tribal Health Village Ground Breaking Ceremony of March 17, 2025; and Special Meeting – Closed Session of March 18, 2025.

4.1(a). Accept update regarding the proclamation declaring a local emergency due to flooding and, pursuant to Public Contract Code 20168 and 22050(c)(1), make a determination by a four - fifths vote that there is a need to continue the emergency.

In response to Denise Eye’s and Sean Conner’s statements regarding severe flooding of their homes from a City-owned culvert, Mayor Munns stated that he would meet with them after the Council meeting to discuss further.

Packet Pg. 15
Attachment: ^Unofficial Minutes - Regular Meeting of April 1 , 2025 (4(a)--Approve City Council Minutes) 8 4/1/2025

4.3(a). Authorize and approve the following: (1) award Bid Schedule No. 5556 for Microsoft M365 Annual Licenses to Insight Public Sector Inc ., with an annual licensing co st of $386,332; (2) approve the City Manager, or designee, to modify the number and type of licenses based on City of Redding (City) staff needs; (3) award the RFP Schedule No. 5543 - Provide Professional Implementation Services for Microsoft 365 Migration contract to Insight Public Sector, Inc., in an amount not to exceed $494,050; (4) authorize the City Manager, or designee, to negotiate and execute the contract with Insight Public Sector, Inc. and approve contract amendments i n an amount not to exceed $50,000 in total; and (5) adopt Resolution No. 2025-021, a resolution of the City Council of the City of Redding, approving and adopting the 69 th Amendment to Budget Resolution No . 2023-060 appropriating $930,390 to fund the bid utilizing the City’s Information Technology Reserves Account.

4.5(a). Approve the following actions related to the Long -Term Parts, Services and Inspections Contract (C-5661) between Siemens Energy Inc. and the City of Redding for repairs at the City of Redding Power Plant: (1) approve Change Order 47 to Contract 5661 to replace Generating Unit 6’s gearset in the amount of $ 3,143,607; (2) authorize the City Manager, or designee, to sign any documentation or change or ders within the approved budget; (3) adopt Resolution No. 2025-022, a resolution of the City Council of the City of Redding, approving and adopting the 73rd Amendment to City Budget Resolution No. 2023-060 appropriating $3,143,610 for the Generating Unit 6 gearset replacement; and (4) find that Change Order 47 is categorically exempt from review under the California Environmental Quality Act pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).

4.11(a).Authorize the Purchasing Officer to extend the current contract with Ed Staub & Sons Petroleum, Inc. , for cardlock fuel purchases , with all prices, terms and conditions remaining the same, through August 31, 2025.

4.11(b).Authorize the following actions r elative to Bid Negotiation No. 5 548 (Job No. 5636), Redding Library Flooring Replacement Project: (1) award to Northern Valley Flooring in the amount of $ 622,840; (2) approve $78,500 to cover the cost of administration and inspection fees; (3) approve $32,000 for project development costs; (4) approve $63,000 to provide construction contingency funding; and (5) find that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 – Existing Facilities.

4.11(c).Approve list of qualified on -call consultants to provide engineering and architectural - related services, which is consistent with City Manager’s Policy No. 22 -03, Selection of Specialty Consultants.

4.11(d).Authorize and approve the following relative to the South Street Water Main at Railroad Emergency Replacement Project (Project): (1) accept update regarding the project; and (2) pursuant to Public Contract Code Section 22050(c)(1), make a determination by a four - fifths vote that there is a need to continue the emergency work.

4.11(e).Authorize the following relative to the funding, design, permitting, and construction of the Pump Station 1 Replacement Project: (1) authorize the City of Redding to submit an application in an amount not to exceed $6 million to the Fisheries Restoration Grant Program administered by the California Department of Fish and Wildlife in partnership with National Oceanic and Atmospheric Administration’s Pacific Coastal Salmon Recovery Fund; and (2) authorize the City Manager, or designee, to execute all documents necessary to apply for the grant, and execute any agreements necessary to implement the grant, should it be awarded.

4.11(f). Authorize the following actions regarding Highway Bridge Program grant funding from the State of California Department of Transportation : (1) accept additional grant funds awarded to the City of Redding for the Girvan Road Bridge over Olney Creek Project (Project); and (2) adopt Resolution No. 2025-023, a resolution of the City Council of the City of Redding, approving and adopting the 72nd Amendment to City Budget Resolution No. 2023-060 appropriating $296,580 for the Project.

Packet Pg. 16
Attachment: ^Unofficial Minutes - Regular Meeting of April 1 , 2025 (4(a)--Approve City Council Minutes) 9 4/1/2025

4.11(g).Authorize and approve the following: (1) make a finding that Xylem Flygt pumps are the sole source standard for the Influent Pump Station Number Two (IPS2) at the City of Redding Clear Creek Wastewater Treatment Plant pursuant to Redding Municipal Code Chapter 4.20, Purchasing System; (2) authorize the purchase of a Xylem Flygt pump in the amount of $263,667.84 for the Clear Creek Wastewater Treatment Plant; and (3) authorize the City Manager, or designee, to a pprove future pricing adjustments in an amount not to exceed $30,000.00.

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

The Vote:

AYES: Council Members – Audette, Dhanuka, Littau, Resner, and Munns NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None

Resolution Nos. 2025-021 through 2025-023 are on file in the Office of the City Clerk.

APPOINTMENTS

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

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

Mayor Munns expressed his thanks to Planning Commissioner’s Brandi Greene and Aaron Hatch, and stated that he contacted the new candidates and believes that their new perspectives will be a fresh start.

The following spoke in opposition to the Mayor’s appointments to Planning Commission:

Susan Murray, Steve Kohn, Jenny Nowain, Benjamin Nowain, and Brandi Greene.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Audette, seconded by Council Member Munns, to: (1) appoint Joshua Johnson to the Planning Commission to serve a four -year term effective May 1, 2025, through April 30, 2029; and (2) appoint Blake Nance to serve a four-year term effective May 1, 2025, through April 30, 2029.

The Vote:

AYES: Council Members – Audette, Munns
NOES: Council Members – Dhanuka, Resner
ABSTAIN: Council Members – Littau
ABSENT: Council Members – None

Motion failed. A discussion amongst the Council ensued.

A SECOND MOTION WAS MADE by Council Member Audette, seconded by Council Member Munns, to appoint Joshua Johnson to the Planning Commission to serve a four - year term effective May 1, 2025, through April 30, 2029.

The Vote:

AYES: Council Members – Audette, Munns
NOES: Council Members – Dhanuka, Resner
ABSTAIN: Council Members – Littau
ABSENT: Council Members – None

Motion failed. A discussion amongst the Council ensued.

Packet Pg. 17
Attachment: ^Unofficial Minutes - Regular Meeting of April 1 , 2025 (4(a)--Approve City Council Minutes) 8 4/1/2025
A THIRD MOTION WAS MADE by Council Member Audette , seconded by Council Member Munns, to appoint Blake Nance to serve a four-year term effective May 1, 2025, through April 30, 2029.

The Vote:

AYES: Council Members – Audette, Munns
NOES: Council Members – Dhanuka, Resner
ABSTAIN: Council Members – Littau
ABSENT: Council Members – None

Motion failed. A discussion amongst the Council ensued.

The Council took no formal action on this item. The Mayor will return to Council with alternative selections for these appointments for consideration at a future Council Meeting.

REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,

BOARDS, COMMISSIONS AND COMMITTEES

9.2(a). Shasta Community Health Center Encampment Emergency Shelter Services Contract.

Community Development Manager Nicole Smith provided an overview of the Report to City Council (staff report), incorporated herein by reference.

Ms. Smith explained that the contract with Shasta Community Health for its Interim Shelter Program is needed to be extended to assist clients coming out of the Linden Mercy Canyon as well as Progress Technology Way due to the City’s termination of the contract with a different nonprofit provider.

Council Member Resner noted that the requested increase does not impact the City of Redding’s General Fund or other Housing Division activities.

A discussion amongst the Council ensued.

A MOTION WAS MADE by Council Member Resner, se conded by Council Member Dhanuka, to : (1) a uthorize the City Manager, or designee, to execute the Second Amendment to the Encampment Emergency Shelter Services Contract (C -10639) with Shasta Community Health Center, extending the contract term to August 31 , 2025, and increasing the contract amount from $165,000 to $365,000; (2) find that amending an agreement is not a project as defined under the California Environmental Quality Act, and no further action is required; and (3) find that amending a current agreement is considered an exempt activity under National Environmental Policy Act, 24 CFR §58.34(a)(3) administrative activities. The Vote: Unanimous Ayes.

9.9(a). Oral presentation from the Redding Police Department providing updated crime statistics including repeat offenders in the City of Redding.

Chief of Police Brian Barner summarized the Report to Cit y Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.

Chief Barner noted that this presentation was requested by Council Member Dr. Dhanuka, and was previously presented to the Shasta County Board of Supervisors Public Safety Meeting. He noted that RPD is a very proactive department, and is working with Shasta County Probation and several local nonprofit organizations to assist with chronic offenders to provide assistance to get them the help they need to get out of the criminal justice system.

In response to Dr. Dhanuka, Chief Barner noted that Redding has higher arrest and repeat offender rates due to larger cities due to multiple factors including lack of jail space, and being a proactive department and arresting the speeders, shoplifter, etc., including the District Attorney’s shortage of attorneys, judges, court rooms, etc.

A discussion amongst the Council ensued.

The City Council took no formal action on this informational item.

Packet Pg. 18
Attachment: ^Unofficial Minutes - Regular Meeting of April 1 , 2025 (4(a)--Approve City Council Minutes) 9 4/1/2025

ADJOURNMENT
There being no further business at the hour of 7:50 p.m., Mayor Munns declared the m eeting adjourned.

APPROVED:

______________________________
Jack Munns, Mayor

ATTEST:

____________________________
Sharlene Tipton, City Clerk

Packet Pg. 19
Attachment: ^Unofficial Minutes - Regular Meeting of April 1 , 2025 (4(a)--Approve City Council Minutes)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Accept update regarding the proclamation declaring a local emergency due to flooding and, pursuant to Public Contract Code 20168 and 22050(c)(1), make a determination by a four -fifths vote that there is a need to continue the emergency.

Fiscal Impact

Declaring the emergency could have a positive fiscal impact of an indeterminate amount as it will facilitate the recover y of the community and potentially receipt of emergency aid from the state, and possibly federal authorities, if it becomes available. The total cost of the damage is still unknown - City of Redding (City) staff will continue to perform damage assessments.

Alternative Action

The City Council (Council) could choose not to confirm that conditions of a local emergency continue to exist. Under Public Contract Code section 22050(c)(1) the local emergency can only be terminated by a four-fifths vote of the Council. To that end, the Council’s prior determination of a local emergency will remain unless an affirmative vote of the Council is made to ter minate the local emergency.

Background/Analysis

On February 2, 2025, a storm event occurred in the City, ultimately causing conditions to be beyond the immediate control of local resources, services, personnel, equipment, and facilities.

These winter storms brought heavy rain to all areas of Shasta County which in turn caused a significant increase in releases from Shasta Dam resulting in localized flooding, water rescues, and damage to roadways, trail systems, storm water systems, and other infrastructure.

MEETING DATE: April 15, 2025
ITEM NO. 4.1(a)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.1(a)--Confirmation of Continued Local Emergency Due to Flooding Jason Gibilisco, Management
Assistant to the City Manager
Packet Pg. 20
Report to Redding City Council April 8, 2025
Re: 4.1(a)--Confirmation of Continued Local Emergency Due to Flooding Page 2

Due to these events and weather conditions, a local emergency was proclaimed on February 11, 2025, and on February 18, 2025, the Council ratif ied this proclamation and will continue the declaration until such time that the threat of these storms has subsided, there is no longer an elevated risk to life and property, and the emergency restoration of facilities has been completed.

The local emergency was declared by the City Manager serving in his capacity as Director of Emergency Services under RMC 9.12.030. The Proclamation of the Director of Emergency Services is attached.

The South Bonnyview Boat Launch access road remains closed due to the failed culvert. Staff has constructed a temporary access road for the boat launch and reopened the boat la unch for public use . Staff believes that approximately 200 feet of the overall 700 -foot-long, 10-foot diameter culvert is damaged. The full extent of the damage is still unknown and will not be determined until further exploratory efforts are completed. St aff has contracted with J.F. Shea Construction, Inc. (J.F. Shea) for the additional exploratory efforts and ultimate construction repair of the culvert based on their technical knowledge of utility construction and previous performance on projects of simil ar size and scope . Staff has also begun to engage neighboring private property owners to obtain the necessary access to reconstruct the culvert as well as beginning discussions with the Sacramento River resource agencies to obtain the required permits.

Nur Pon Open Space remains closed. The flood waters damaged the bridges, kayak boat launch area, and trails. Staff will work to open the northern half of the area first to allow some access and pre-planned events to take place. Repairs to the open space will focus on the first walking bridge closest to the parking area, the bathrooms, the parking lot facility, and the kayak boat launch area of the park. The majority of the walking loop will remain closed until a funding source can be identified to make the repairs.

California Governor’s Office of Emergency Services (CalOES) has requested estimates for damages to both private and public sites. Staff has met with CalOES and has sent them information on the damage and associated costs. The current damage is estimated to be $7.15 million. This cost could go up as s taff continues to monitor and identify damaged areas to determine the level of repair necessary.

Environmental Review

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

Council Priority/City Manager Goals

• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding”

Attachments
Previous Staff Report - 021825 Declaring local emergency Resolution No. 2025-011 - Declare Local Emergency with Proclamation Packet Pg. 21

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Adopt Resolution by a four-fifths vote to confirm and ratify the Proclamation of the Director of Emergency Services declaring a local emergency and authorizing the City Manager to repair or replace pub lic facilities and procure the necessary equipment, services, and supplies for those purposes without solicitation of competitive bids in accordance with Public Contract Code 20168 and 22050.

Fiscal Impact

Adoption of the resolution could have a positiv e fiscal impact of an indeterminate amount as it will facilitate the recovery of the community and the receipt of emergency aid from state, and possibly federal, authorities if it becomes available.

Alternative Action

The City Council (Council) could ch oose not to adopt the resolution or provide alternate direction. Failure to adopt the resolution will result in a legal finding that the local emergency has ceased and will likely negatively impact the receipt of aid from state and/or federal authorities, and the City of Redding’s (City) ability to immediately repair or replace damaged infrastructure.

Background/Analysis

On February 2, 2025, a storm event arrived in the City of Redding, ultimately causing conditions to be beyond the immediate control of l ocal resources, services, personnel, equipment, and facilities. These winter storms have brought heavy rain to all areas of Shasta County which in turn have caused a significant increase in releases from Shasta Dam resulting in localized flooding, water rescues, and damage to roadways, trail systems, storm water systems, and other infrastructure. At this time, c ontinued high-water flows are expected with not all areas hav ing MEETING DATE: February 18, 2025
ITEM NO. 9.1(b)
FROM:

***APPROVED BY***
[email protected]

[email protected]
SUBJECT: 9.1(b)--Consider Resolution to confirm and ratify the City of Redding Proclamation declaring a local emergency due to flooding.

Barry Tippin, City Manager
Packet Pg. 254Packet Pg. 22
Attachment: Previous Staff Report - 021825 Declaring local emergency (4.1(a)--Confirmation of Continued Local Emergency Due to Flooding) Report to Redding City Council February 12, 2025
Re: 9.1(b)--Adopt Resolution to Confirm and Ratify the Proclamation Declaring a Local Emergency Page 2

been fully assessed. The current forecast calls for continued storms and additional snow and rainfall which could further exacerbate the damage and increase the difficulty of recovery efforts.

As the rain continues, the Bureau of Reclamation will be required to continue its high releases from Shasta Dam. There is potential for additional local flooding and infrastructure damage.

Due to these events and weather conditions, a local emergency was proclaimed on February 11, 2025, and it is recommended that the Council ratify this proclamation and continue the declaration until such time tha t the threat of these storms has subsided, there is no longer an elevated risk to life and property, and the emergency restoration of facilities has been completed.

The local emergency was declared by the City Manager serving in his capacity as Director o f Emergency Services under RMC 9.12.030. The Proclamation of the Director of Emergency Services is attached.

Pursuant to Government Code section 8630, the Proclamation is valid for seven days. As such, if the Council does not act to adopt a resolution whi ch confirms and ratifies the existence of a local emergency, the declaration of local emergency made under the Proclamation will lapse. A declaration of local emergency provides several benefits in time of emergency. Under Government Code section 8634, it permits a local agency to immediately promulgate orders and regulations necessary to protect the public health and safety. It further permits the State and local agencies to provide mutual aid to the City and makes the costs of such aid incurred by other agencies chargeable to the State. Lastly, the declaration of local emergency facilitates payment to the City by the State under the Disaster Assistance Act (Gov. Code section 8680 et seq.).

The resolution contains all the needed findings to continue the de claration of local emergency under the California Emergency Services Act (Government Code section 8550 et seq.). In the absence of action under Public Contract Code, the Council could declare an emergency under the California Emergency Service Act by a simple majority vote.

However, the resolution also seeks authorization under RMC 4.22.120 and Public Contract Code sections 20168 and 22050. As such, a fourth -fifths vote of the Council will be required to adopt the resolution. These sections provide author ity which the Government Code, addressed above, does not. Public Contract Code sections 20168 and 22050 collectively provide authority to repair or replace a public facility, and procure the necessary equipment, services and supplies for those purposes without competitive bidding. While notice and competitive bidding are very beneficial in non-emergency situations, these processes are entirely too untimely if we are to immediately protect the public health and safety by restoration of public services and fa cilities. This is necessary due to the immediate need to repair or replace the 120 -inch culvert that failed at the entrance to the Reginato Boat Ramp. This ramp serves as a critical entry point for river access for public safety agenc ies to effectuate river rescues and to access areas along the river that are otherwise inaccessible. Additionally, river guides and other river related businesses utilize this ramp extensively and prolonged closure will cause significant economic hardship as well as impeding life saving efforts by the Redding Police Department and the Shasta County Sheriff.

It should be noted that RMC 4.22.120 delegates authority to the City Manager to make a finding that the emergency will not permit the delay resulting from a competitive soli citation of bids and that immediate action is necessary to respond to the emergency. However, that authority is only valid for a period of seven days. By making this finding now by means of adoption of the resolution, the Council avoids the unfortunate cir cumstance whereby the immediate action sought by the City Manager to repair or replace public infrastructure will lapse absent an Packet Pg. 255Packet Pg. 23
Attachment: Previous Staff Report - 021825 Declaring local emergency (4.1(a)--Confirmation of Continued Local Emergency Due to Flooding) Report to Redding City Council February 12, 2025
Re: 9.1(b)--Adopt Resolution to Confirm and Ratify the Proclamation Declaring a Local Emergency Page 3

immediate, emergency Council meeting. In order to ensure Council oversight, RMC

4.22.120(C)(1) requires review of action under Public Contract Code sections 20168 and 22050 at every regular meeting until such time as the emergency ceases.

In summary, the resolution serves two important functions. It facilitates coordination with other public agencies assisting the City in respo nding to the local emergency and is a necessary precondition to receipt of state and federal aid. It also provides authority to the City to use its own resources in accomplishing repair or replacement of damaged public infrastructure in a timely and efficient manner while ensuring Council oversight of all such activity.

Environmental Review

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

Council Priority/City Manager Goals

• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”

Attachments
^Emergency Declaration Flood of February 2025
^Resolution - Local Emergency Declaration 02-2025
Packet Pg. 256Packet Pg. 24
Attachment: Previous Staff Report - 021825 Declaring local emergency (4.1(a)--Confirmation of Continued Local Emergency Due to Flooding) SfILUTItJN tJ. Z{ 25- t}1
RESOLUTION Ct NFI IN G EXISTEl I E ( 7F A LOCAL EMER+ GEI T4CY HE A5, Gt vernment Code sectian 8642 provides that whenever a state cr Iocal emergency exists, the governing bcrdy ofthe local govemmental entity shall meet as soon as possible;; and WHE AS, Redding Municipal Code sections 9, 12. 03C1, and 14. 24. 02, generally empower the City Manager, asDirector of Emerg ncy Services, tc proclaimthe existenceor threaen d existenceof a localemergencywhentheCity is affectedor likely to beaffectedby apubliccalamityandtheCity Ccuncil is not in session5and
W IE AS, ReddingMunicipal Ccde section9.12.030(C) providesthat the decisicn of the City Managertt declarea locaZemergencymustberatified by theCity Gouncilwithin seven (7} calendardays of th City Manager's actionar it s iall haVeno furtherforceor effect; and WHEREAS, R dding Municipal Cade section 4.22.120 and P'ublic Contract Cade sectians20168 and 22050 allow the City Cauncil to e pend public monies withc ut competiti e solicitation when safeguarding life, health, ar safety wi11 nt t permit delay; nd EFtEA, the City M nager, as L}irector of Emergency `Serviceaof the City of Redding, praclaimed the existence of a local emergency, as defined in Government Code section 8558( c), within the City on the
11th
day of February, 2t?25, as evidenced by the Pr ciamation of the I irectflr of Emergenc Services attached and incarporated herein; and
E AS; theProclamationofthe Directorof EmergencyServicesdatedFebruary1l, 2025,was ser t to the County irector of Emergency Services on February 11, 2C}25; and WHE AS, conditions c#' extreme peril to the safety cf persansand prcperty have arisen within the City which were causedby flooding causedby severewinter storms which beganon February 2, 2 25, and
HEREAS, the flooding has continued through increasedreleasesfrom ShastaDam inundating and dan aging land, raads, trails and other facilities, in particular the callapse of a 120" culvert acr ssthe accessrc adt the Reginato Bcat Ramp whieh prc ides river accessto public s fety agencies, an F bruary 9, 025, atwhichtime theCity Councilof theCity of Reddingwasnrt in session; and E AS, thereis immediate needto repair tir replacethe 20" culvert that failed at the entrance to the Reginato Sc at Ramp as this ramp servesas a critical entry point fcr river accessfcr public s fety agencies tc effectuate river rescues and ta acce s areas along th river that are otherwise inaccessible.

Additionally, river guides and other river related businesses utilize this ramp extensively and prolanged closurewill causesignificantecanomichardshipaswell asimpedinglifesavingefforts by the R.edding Pc lice Departrnent and the Shasta Cuunty Sheriff; and
WHE AS, the Baard of upervisor"s for the County af Shastaratified a proclamation af a Local Emergency far hasta Caunty on February 1l, 2fl25, anci direeted that the prcclamation be sent tc the Governrr af the Stateof Californiaandthe Secretaryof the +Officeof EmergencyServicesrequestingthey proclaim the County c f Shasta to be in a state of emergency; and Packet Pg. 25
Attachment: Resolution No. 2025-011 - Declare Local Emergency with Proclamation (4.1(a)--Confirmation of Continued Local Emergency Due to W IE A, the conditions causedby the flc ading arebeyondthe cantrol af the services,personnei, equipment and facilities of the City of Redding, and
WHE A, theCityCcruncilherebyfindsthattheafQresaidconditiansof extremeperildid warrant and necessitate the proclam tion af the existence af a local emergency, 110W, THE F() , IT IS HE BY PRt CLAIIY ED AND ERED as follows:

1. The recitals s ated abave are true, correct, and are adopted herein.

2. The Prc clamation of the Directar t f Emergency Services dated February 11, 2025, is hereby confirmed and ratified.

3. That, pursuant to Government Code section 630{}, a local emergency withiz the meaning of Governrnent Ccde section 8558(c} exists within thejurisdictional limits of the City cf R dding.

4. That, pursuant to Public Contract Code section 20I68 and 22050, the public inter st nd riecessity d mand th immediate expenditure of public rr oney to safeguardlife, health and property, the1oca1 emergencywill n t permit a delayresulting from a ct mpetitive solicitationfcr bids; immediate acticn is necessaryto respondta the lccal emergency, and the City Manager is authcrized to repair or replace a public facility, take any directly related and immediate action required by the Iccal emergency;and procure the necessaryequipment, servicesand supplies for those purpt seswithout giving notice fcr bids tc let contracts,

5. That, pursuant to Public Contract Code section 22050( c( 1}, the tate of local ernergencyshall e deeTnedto continue tcrexist until its termination is proclairned by a resolutian adaptedby a fourth- fifths vote af the City Council.

6. That, pursuant to Government Code section 863{ e} and Fuhlic Contract ode section 22450( c}( 1); the City Cauncil shall review the need for continuing the lacal emergeneyat every regularly scheduledmeeting of the City Cauncil until the City Council terminatesthe local emergency:

I IE Y CERTIFY that the faregoing resaluticn was introduced and adopted at a regular meeting of the City Council f the City nf Redding on the 1Sth day af February, 2025, by the following votei A' i' ES: CQiTNCIL MEMBEIYS: - r. Dha auka, Littau, Resner, and Munns N? ES: CfJIJN+ CIi:. ME ERS. - Nane
ABSENT: COUN+ CTL lYIE ERS: - Au ette
m`
ABSTA l': COUI ICIL ME ERS. - Nane
s t -
u
JA+ C MUNI iS,' ayar
ATTEST; PPRt V lD AS TO F'U :
y, ,
SHARLENE TIP' TI N, City Clerk CHRIS7C' I N M. CUR' IS, ity Attorney Packet Pg. 26
Attachment: Resolution No. 2025-011 - Declare Local Emergency with Proclamation (4.1(a)--Confirmation of Continued Local Emergency Due to A PR(}+ LAM TIC} l'd UF
Tx Dr eTc + F m re s r vrcEs c F
CITI' QF RET) DIN, CALIFC1Rl TIA
W EREAS, ReddingMunicipal {RMC} sectian9.12.030andRMC9.12.020providefor the preparationand carrying aut of plansfar the pratection af personsand property within the City 't the event af an emergency, and,
WHEPEAS, KMC secticn 9.12.t}30 statesthat the City Manageris the Director of Emergency Services and the ssistant ity Manageris the AssistantUirectar of ErnergencyS rvices,and, WHEREA,S;RMC-section9.12.t}30 empowerstheDirector carAssistantI3irectarof Emergency Servzcesta proclaitn the existence r threatenedexistenceof a local e nergencywhenthe City Ccuncit is not in se sion, and;
WFl"E1tEAS,theI3irectorof EmergencyServicesof theCity of Reddingdoesherebyfnd that conditians af extremeperil tc the safatyaf pers€nsandprcperty havearisenwithin the City of Redding, causedby flooding; which be anon the 2nd day of Febniary,2025 and; WHEREAS, thesec4nditiionsareor arelikely to be be ond the cantrot of the servicesy persontel, equipment,andfacilities of theCiiy of Redding,and; W IEREAS,theCityCouncilaf theCity of Reddingisnotin sessionandcannotimmediately be called inta session.
1VCtW, TH REFURL', IT IS HEREBY PRUC' A ELD, that a local emergency now exists throughoit the City cf Redding,and;
IT IS FII 2THER PRO` Z;AY112"ED ANTI l7R ERE that durin the existence af said laca[ ernergencythe pawers,functionsanddutiesof the emergencyorganizatianaf the City of Reddingshall bethoseprescribedbythestatelaw,byordinances,andYesolutionsof theCity t f Redding;andthatthis emergencyproclarnation shall expire 7 days after issuanceunlessconfirmed and ratified by the City Cauncil of the City csfRedding.

IN T' STIMCINY WH E+1JF, Z HEREUNT() SET MY HAND ANU C.A€ISE THE SEAL l) F HE ITY CIF PEDTIING TU I` E AFF' IXE1) TH S llt i AY( 1;' FEI R tIARY, 2025. a'i
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7 Packet Pg. 27
Attachment: Resolution No. 2025-011 - Declare Local Emergency with Proclamation (4.1(a)--Confirmation of Continued Local Emergency Due to

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize and approve the following:
(1) Authorize the Mayor to s ign a letter of opposition to Senate Bill 79 (Wiener), which undermines state -certified housing elements and grants land use authority to transit agencies; and
(2) Authorize staff to present future letters of support or opposition regarding legislation to the Mayor for consideration, specifically those that propose the removal of, or seek protections for, local control over land use, housing policies, or the ability to bypass local zoning

Fiscal Impact

There is no dir ect fiscal impact to the General Fund as a result of sending the attached letter or future letters of opposition or support.

Alternative Action

The City Council (Council) could decline to authorize the Mayor to send the letter and provide direction to staff.

Background/Analysis

Senate Bill (SB) 79 requires cities to ministerially approve higher density residential projects near public transit stops, regardless of zoning. This bill limits the use of local zoning standards and gives transit agencies full land use authority over residential and commercial development on property they own or lease.

MEETING DATE: April 15, 2025
ITEM NO. 4.1(b)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.1(b)--Letter of Opposition for Senate Bill 79 Jason Gibilisco, Management
Assistant to the City Manager
Packet Pg. 28
Report to Redding City Council April 8, 2025
Re: 4.1(b)--Letter of Opposition for Senate Bill 79 Page 2

The bill significantly limits local control over land use decisions by allowing transit agencies to have full authority over residential and commercial development on properties they own or lease.

In essence, SB 79 overrides the state’s own mandated local housing elements, which are designed to ensure that housing development aligns with the specific needs and priorities of individual communities. SB 79 bypass es traditional processes, including environmental reviews and public input, which have long been integral to the planning and development of urban areas.

Staff is also asking for approval to present future letters of support or opposition on legislation t o the Mayor that disregard or support local control over land use, housing polices, or the ability to bypass local zoning standards. Staff is usually made aware of state legislation as bills move through the legislative review process. Allowing staff to pr esent bills directly to the Mayor , outside of the usual Council approval may allow for a timelier response to the authors and committees prior to the hearings, without the potential delay in waiting to submit to Council for review and approval.

Environmental Review

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

Council Priority/City Manager Goals

• Government of the 21 st Century – “Be relevant and proactive to the opportuniti es and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”

Attachments
^SB 79 - Letter of opposistion
Packet Pg. 29
Jack Munns, Mayor
[email protected]
530.225.4447

April 15, 2025

The Honorable Scott Wiener
Senator, California State Senate
1021 O St, Suite 8620
Sacramento, CA 95814

RE: SB 79 (Wiener) Transit-oriented Development
Notice of Opposition

Dear Senator Wiener,

The City of Redding writes to express our strong opposition to your SB 79 (Wiener), which would disregard state-certified housing elements and bestow land use authority to transit agencies without any requirement that developers build housing, let alone affordable housing.

SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements.

This latest overreaching effort forces cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input.

Most alarmingly, SB 79 defies cities’ general plans and provides transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop. Transit agencies would have the power to determine all aspects of the development including height, density, and design, without any regard to local zoning or planning.

This broad new authority applies to both residential and commercial development. Transit agencies could develop 100% commercial projects — even at transit stops — and not provide a single new home, while simultaneously making the argument that more housing must be constructed around transit stops.

The City of Redding appreciates and respects your desire to pursue a housing production proposal.

However, as currently drafted, SB 79 will not spur much-needed housing construction in a manner that supports local flexibility, decision-making, and community input. State-driven ministerial or by-right housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements.

Packet Pg. 30
Attachment: ^SB 79 - Letter of opposistion (4.1(b)--Letter of Opposition for Senate Bill 79)

California will never produce the number of homes needed with an increasingly state-driven, by-right housing approval process. What we really need is a sustainable state investment that matches the scale of this decades-in-the-making crisis. For these reasons, the City of Redding strongly opposes SB 79.

Sincerely,

Jack Munns
City of Redding
Mayor

cc. The Honorable Megan Dahle (via email)
The Honorable Heather Hadwick (via email)
League Regional Public Affairs Manager (via email)
League of California Cities, [email protected]

Packet Pg. 31
Attachment: ^SB 79 - Letter of opposistion (4.1(b)--Letter of Opposition for Senate Bill 79)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize and approve the following:
(1) Approve a Subordination Agreement with The Good News Rescue Mission in the amount of $500,000 thereby authorizing the City of Redding’s loan in the amount of $3,000,000 to be in second position for the Good N ews Rescue Mission’s Day Resource Center Project;
(2) Adopt Resolution authorizing the City Manager, or designee, to execute the Subordination Agreement;
(3) Find that adopting a resolution is not considered a project under the California Environmental Quality Act; and
(4) Find that adopting a resolution is exempt under the National Environmental Policy Act under Title 24 CFR 58.34(a)(3).

Fiscal Impact

In February 2024, the City of Redding (City) awarded the Good News Rescue Mission (GNRM) $3 million of Encampment Resolution Funding (ERF -3-L) as a forgivable loan for the acquisition and rehabilitation of a commercial building located at 3145 Veda Street (Property).

The current estimated total project cost is $4.5 million. To date, $1,587,891.54 has been expended toward the Project’s cost – the remaining funds will be paid by other funding sources from the GNRM. There is no General Fund fiscal impact related to this report.

Alternative Action

The City Council (Council) could choose not to adopt the resolution au thorizing the City Manager to sign the subordination agreement. Under this alternative, the Good News Rescue Mission (GNRM) would not be able to secure the line of credit and potentially negatively impact the Day Resource Center (DRC) Project (Project) . The current estimated Project cost is $4.5 million. To date, $1,587,891.54 has been expended toward the Project’s cost.

MEETING DATE: April 15, 2025
ITEM NO. 4.2(a)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.2(a)--Resolution to Authorize the City Manager to Execute a Subordination Agreement
Steve Bade, Assistant City
Manager
Packet Pg. 32
Report to Redding City Council April 9, 2025
Re: 4.2(a)--Resolution Authorizing the Subordination of a City of Redding Loan Page 2

Background/Analysis

The purpose of the project is to provide a location where unsheltered persons can obtain resources that would assist them in attaining housing and other important resources. The GNRM successfully acquired the property in March 2024 . The p roject’s building permits have been issued by the City’s Development Services Department and GNRM staff are presently moving through the procurement process.

The City’s loan is forgivable in nature ; meaning, once the G NRM successfully completes the project and successfully operates the DRC for three years, the loan will be forgiven. However, the GNRM determined there is a need to o btain a $500,000 equity line of credit from Cornerstone Bank (Cornerstone) to provide short -term cash while the project is actively progressing toward completion . The line of credit would be the responsibility of the GNRM to repay and the purpose of the su bordination agreement is to allow Cornerstone to record their Deed of Trust superior to the City’s loan. Providing Cornerstone first position will not compromise the City’s ERF-3-L loan as the City’s loan is short-term and forgivable in nature.

Environmental Review

Adopting a resolution is not considered a project under the California Environmental Quality Act (CEQA). The actual construction of the project was previously reviewed for CEQA compliance.

Under the National Environmental Policy Act (NEPA), a dministrative and management activities such as adopting a resolution are considered exempt activities and no further action is required. The actual construction project was reviewed for NEPA requirements before the project started.

Council Priority/City Manager Goals

• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”

• Public Safety – “Work to improve all aspects of publi c safety to help people feel secure and safe where they live, work, and play in the City of Redding.”

Attachments
^GNRM Subordination Resolution
^Goods News Rescue Mission Subordination
Packet Pg. 33
RESOLUTION NO. 2025–__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

AUTHORIZING THE CITY TO SUBORDINATE ITS ENCAMPMENT

RESOLUTION GRANT LOAN TO A PRIVATE LINE OF CREDIT FOR
THE GOOD NEWS RESCUE MISSION’S DAY RESOURCE CENTER

WHEREAS, The Department of Housing and Community Development (“Department”) awarded the City of Redding (“City”) $8,354,955 of Encampment Resolution Funding Program (“ERF -3- L”) funds and entered into a Standard Agreement with an effective date of 10/12/2023; and

WHEREAS, The Good News Rescue Mission (“Developer”) is a nonprofit corporation organized under the laws of the State of California and qualifying for Federal Tax -Exempt Status under Section 501 (c) (3) of the Internal Revenue Code; and

WHEREAS, the City has awarded the Developer $3,000,000 of ERF-3-L funds for the purchase and rehabilitation of their Day Resource Center located at 3150 Veda Street identified as Assessor’s Parcel Number 104-620-059-000, (the “Project Site” or “Site”); and

WHEREAS, the Developer wishes to apply for and secure a $500,000 line of credit from Cornerstone Bank for additional construction costs associated with the Project; and

WHEREAS, the Developer is requesting that the City Subordinate its ERF-3-L loan to the $500,000 line of credit;

NOW THEREFORE BE IT RESOLVED THAT:

1. The City is hereby authorized and directed to subordinate its loan to the line of credit.

2. The City Manager, or his designee, is authorized to execute the Subordination Agreement and any other documents to facilitate the transaction.

I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 15th day of April, 2025, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:

ABSENT: COUNCIL MEMBER:

ABSTAIN: COUNCIL MEMBER:

____________________________________
JACK MUNNS, Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney

Packet Pg. 34
Attachment: ^GNRM Subordination Resolution (4.2(a)--Resolution Authorizing the Subordination of a City of Redding Loan)

CERTIFICATE OF THE ATTESTING OFFICER

The undersigned, Sharlene Tipton, City Clerk, does hereby attest and certify that this Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Redding which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer
Sharlene Tipton, City Clerk
Packet Pg. 35
Attachment: ^GNRM Subordination Resolution (4.2(a)--Resolution Authorizing the Subordination of a City of Redding Loan) Packet Pg. 36
Attachment: ^Goods News Rescue Mission Subordination (4.2(a)--Resolution Authorizing the Subordination of a City of Redding Loan) Packet Pg. 37
Attachment: ^Goods News Rescue Mission Subordination (4.2(a)--Resolution Authorizing the Subordination of a City of Redding Loan) Packet Pg. 38
Attachment: ^Goods News Rescue Mission Subordination (4.2(a)--Resolution Authorizing the Subordination of a City of Redding Loan) Packet Pg. 39
Attachment: ^Goods News Rescue Mission Subordination (4.2(a)--Resolution Authorizing the Subordination of a City of Redding Loan) Packet Pg. 40
Attachment: ^Goods News Rescue Mission Subordination (4.2(a)--Resolution Authorizing the Subordination of a City of Redding Loan) Packet Pg. 41
Attachment: ^Goods News Rescue Mission Subordination (4.2(a)--Resolution Authorizing the Subordination of a City of Redding Loan)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Adopt Resolution proclaiming Friday, April 2 5, 202 5, as Community Tree Planting Day , otherwise known as Arbor Day, in the City of Redding; and recognizing the City of Redding’s Community Services Department - Parks Division for receiving the Tree City U.S.A. Award.

Fiscal Impact

There is no fiscal impact to the General Fund.

Alternative Action

The City Council could decline to adopt the resolution proclaiming Friday, April 25, 202 5, as Tree Planting Day and not recognize the Tree City U.S.A. Award and provide staff with alternate direction.

Background/Analysis

On January 4, 1872, J. Sterling Morton, Secretary of the Nebraska Territory and tree enthusiast, proposed a tree planting holiday called “Arbor Day” at a meeting of the State Board of Agriculture to spread his message of the value of trees. Arbor Day was officially proclaimed in 1874 by Nebraska’s Governor, Robert W. Furnas, and eventually became a legal state holiday. By 1920, more than 45 states and territories were celebrating Arbor Day by pla nting trees, and children across the nation were learning about the importance of trees in schools. Today, Arbor Day is celebrated in all 50 states.

The City of Redding (City) was notified by the State of California Department of Forestry and Fire Protection that it was the recipient of an award from the Arbor Day Foundation. The Community Services Department - Parks Division received the Tree City U.S.A. Award for demonstrating the highest levels of tree care and community engagement during the 202 4 MEETING DATE: April 15, 2025
ITEM NO. 4.6(a)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.6(a)--Adopt Resolution for Arbor Day and Arbor Day Foundation Designation Travis Menne, Director of
Community Services
Packet Pg. 42
Report to Redding City Council April 7, 2025
Re: 4.6(a)--Resolution for Arbor Day and Designation Page 2

calendar year. This is the Parks Division’s 44th consecutive year receiving the award.

In 2025, the City’s Parks Division will continue to embrace the spirit of Arbor Day through its tree-planting program with trees being planted in on Liberty Street, Parkvie w and to various Landscape Maintenance Districts throughout the City. The combined effort will result in the planting of over 115 shade trees. Efforts such as these provide a shady place to gather during hot summer days, reduce energy consumption, sequeste r carbon, and combat the heat island effect common in urban areas . Efforts will also be directed toward maintaining trees from the completed Re-Grow Redding and Northeast Crossing Trail Projects. Finally, the Parks Division will host a booth at the local E arth Day event on April 19, 2025 at Caldwell Park , distributing informative brochures and providing guidance on proper tree pruning techniques for young and mature trees.

While most holidays celebrate something that has already happened and is worth remem bering, Arbor Day represents hope for the future. The Community Services Department ’s Arbor Day efforts support a sustainable and thriving urban landscape that will benefit present and future generations alike.

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.”
• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”

Attachments
^Resolution
Packet Pg. 43

RESOLUTION NO. 2025-___

A RESOLUTION OF THE REDDING CITY COUNCIL DECLARING
APRIL 2 5 , 2025, AS COMMUNITY TREE PLANTING DAY,

OTHERWISE KNOWN AS ARBOR DAY, AND RECOGNIZING THE
TREE CITY U.S.A. AWARD

WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and

WHEREAS, Arbor Day is now observed throughout the nation and the world; and

WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and

WHEREAS, Arbor Day was first observed with the planting of more than one million trees in Nebraska; and

WHEREAS, trees are a renewable resource, giving us paper, wood to build our homes, fuel for our fires, and countless other wood products and by-products; and

WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and

WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and

WHEREAS, the City of Redding has been recognized as a Tree City U.S.A. by the National Arbor Day Foundation for the forty-fourth consecutive year, and desires to continue its tree- planting activities;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby:

1. Proclaims April 25, 2025, as Community Tree Planting Day, otherwise known as Arbor Day.

2. Recognizes the Tree City U.S.A. Award.

BE IT FURTHER RESOLVED that the City Council encourages all citizens residing within the city limits of the City of Redding to support efforts to protect our trees and woodlands, support our City’s Urban Forestry Program, and plant trees to gladden the hearts and promote the well-being of present and future generations.

Packet Pg. 44
Attachment: ^Resolution (4.6(a)--Resolution for Arbor Day and Designation)

I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 15th day of April, 2025, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:

ABSENT: COUNCIL MEMBER:

ABSTAIN: COUNCIL MEMBER:

___________________________________
JACK MUNNS, Mayor

ATTEST: APPROVED AS TO FORM:

_______________________________ ___________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney

Packet Pg. 45
Attachment: ^Resolution (4.6(a)--Resolution for Arbor Day and Designation)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize and approve the following:
(1) Approve the design changes to the Sundial Bridge South Plaza area; and (2) Find that the project is categorically exempt from environmental review under the California Environmental Quality Act, pursuant to Section 15301 – Existing Facilities.

Fiscal Impact

As proposed, t he City of Redding’s (City) Parks Division’s staff will remove the existing lighting as part of their regular maintenance activities. The current estimate to replace the light standards is $25,000. The Parks Divis ion does not have funding for this repair and will work to identify other sources for the remaining funding.

Alternative Action

City Council could choose not to authorize the design changes to the facility or provide staff with alternate direction.

Background/Analysis

The Sundial Bridge and its surrounding public spaces are over 20-years old. As one of the City’s most popular destinations, the area experiences some of the highest wear and tear. Recently, some of the South Plaza’s walkway lighting began to fail and the remaining lighting is exhibiting signs of imminent failure.

Design changes specifically refer to the removal of the lighting with replacement anticipated at a later date. Due to the General Fund’s budget constraints, staff is only able to remove the lighting rather than replace it in kind. In total, 17 lights will be removed. In the meantime, s taff will work with the Turtle Bay Exploration Park to explore temporary lighting and/or signage options until funding becomes available for the light replacement.

MEETING DATE: April 15, 2025
ITEM NO. 4.6(b)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.6(b)--Approve Design Changes to Sundial Bridge South Plaza Area Travis Menne, Director of
Community Services
Packet Pg. 46
Report to Redding City Council April 8, 2025
Re: 4.6(b)--Approve Design Changes to Sundial Bridge Area Page 2

Environmental Review

Staff has reviewed the action and determined that the project is categorically exempt from environmental review under the California Environmental Quality Act, pursuant to Section 15301 – Existing Facilities. Class 1 exemptions include the minor alteration of existing public structures, equipment, and facilities. The lighting will be modified and the activity will result in no expansion of use. The project area has been reviewed for sensitive resources and the projec t has no potential to have a significant impact on the environment.

Council Priority/City Manager Goals

This is a routine operational item.

Attachments
^Lighting Location Map
Packet Pg. 47
Packet Pg. 48
Attachment: ^Lighting Location Map (4.6(b)--Approve Design Changes to Sundial Bridge Area)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize and approve the following relative to the City of Redding ’s Recreation Division’s operations of the City Hall coffee kiosk:
(1) Authorize the purchase of miscellaneous food and bevera ge items from various local vendors up to a total of $4,500 per week;
(2) Authorize the City Treasurer to include the City Hall coffee kiosk to the existing Square account to accept payments referenced in Resolution No. 2024-073; and (3) Authorize the City Manager, or designee, to appoint a new signer to replace an authorized signer who has either left employment with the City of Redding or their job responsibilities have changed.

Fiscal Impact

The City Hall coffee kiosk operations are designed to be budget-neutral and will have no impact on the General Fund.

Alternative Action

The City Council (Council) could decline to authorize the City Treasurer to add the coffee kiosk to the existing account with Square or decline to allow staff authorization to purchase up to $4,500 of goods and provide staff with alternate direction.

Background/Analysis

After several attempts to utilize outside vendors, the Community Services Department’s Recreation Division (Recreation) will be running a concessions program in the c offee kiosk in the lobby of City Hall. The kiosk will be staffed by part -time Recreation employees to provide food and beverages for sale to the general public and staff. The operation is largely comparable to the concessions at the Redding Aquatic Center, and staff expects to be in operation by the end MEETING DATE: April 15, 2025
ITEM NO. 4.6(c)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.6(c)--Authorize the purchase of various food items from local vendors and opening an account with Square as a payment processing solution .

Travis Menne, Director of
Community Services
Packet Pg. 49
Report to Redding City Council April 8, 2025
Re: 4.6(c)--Authorize food purchases for resale and the opening of a Square account Page 2

of April. Operating the kiosk will allow for reliable food and beverage services, improve workplace morale, and provide a staff presence in the lobby of City Hall.

On September 3, 2024, the Council adopted Resolution 2024-073, authorizing the City Treasurer to open and manage an account with Square to process gate fees at the Redding Sports Park.

Staff requests to use the existing Square account to streamline operations and reduce setup complexities such as networking, computer hardware, and terminal hardware associated with the coffee kiosk's operations.

Square is a business technology platform that serves many kinds of businesses, providing the ability to receive payments on the go with mobile card reader s. Square allows businesses to accept payments via iPads and iPhones with no additional hardware needed. City staff has identified iPads that are available for this use, therefore not requiring purchas ing new devices.

Additional key features of Square incl ude ease of use and setup, no contracts or monthly fees, and secure transactions. Square ensures all transactions are protected with encryption and meets PCI compliance standards.

To facilitate the resale of food and beverages, staff will utilize a mix of local vendors to feature at the kiosk. Using a variety of food vendors will provide options for customers and distribute business opportunities to multiple local restaurants and suppliers. This type of purchase falls outside of typical City policies and procedures. Therefore, staff is seeking Council authorization.

Environmental Review

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

Council Priority/City Manager Goals

This is a routine operational item.

Attachments
^Resolution No. 2024-073
Packet Pg. 50
REStJLUTI(} N Ni. 2024- 473
A St LiJTI+ DN CMFTHE CITY CUi1IYCIL CIF T IE CITY + DF llT} IN A.UTHG4 2IZIl'+ G THE CiTY T ASURER TC7t (IPEIY ANTI MANAGE A1V ACCCIUNT WITH SQUARE F( R PAYMEN' T' PRUCE55IN+ G t) F G.ATE FEES' AT TI[ E DD I'+G PC}RT PA
W E EAS, an August 2t, 2t}24, the City Council directed staff to pursue a City-run, hort-terrn operaticns lan f rr the Redding Sp rks Park; and WHEREAS, the R:edding S orts Park eiesires ta accept credit cards as payment far gate feesat the Sp rks Park; and
WHER AS, Square offers an immediate soluticrn fcrr payment pr cessing, requiring minimal set up and providing secure and efficient transactic ns; and V4 iE ' AS, the City Treasureris respcnsible for mana ing the financial aperationscf the City, i cluding the implementaticrn, management, and designaticn of authcrized signers on payrnent processing accounts;
N W, THEREFC? RE, TFIE CITY f? F DDING D OES HERE Y SiQL" TE THAT:

1. The aforementioned recitals are true and carrect,

2. TheCit Treasureris herebyauthc,rizedte openarraccountw th Squarefor thepurp seof prc cessin ate fees at the dcing SportsPark

3. fihe following individuals are designatedas authorized signerscrnthis account held with Square:

Gr g R.obinett, Dir ctcr f Finance/City Treasurer
Bailey Wor1 y, ' inance Officer
Tammy Mann, Finance C}ffic r
Tessa Wayda, Management Analyst
4: Should ane of the authorized signers leave the City' s empioyment or t eir job respansibilities change to no lcnger necessitatebeing an autharized sigrter, the City of" Reddin City Mana er, or his designee, is her by designatedand authorized to appoint a new signer to repiace said individual.

Packet Pg. 51
Attachment: ^Resolution No. 2024-073 (4.6(c)--Authorize food purchases for resale and the opening of a Square account) I HEFTtEEBX CERTIFX that the foregvin resolutzon was introduced and adopted at a regularmeetingof theCity Councilt f theCity af`I,.eddinganthe3rd dayt f September, 2024, by the fc Ilcwing vote;
AYES: ITY COIUNCIL MEM ER; - Jahnson, Mez ann, Mrunns, Win# er, and Audette NC} ES. ITY QUNCIL lY1lEMBEFt: - l( one
ABSENT: CITX CClUNCIL M] E ER,- None
AI35TAIiV; + CITY COUNCIL MEMBER. e - None
f
r
t
T I tESSA AUDET" T, IYlayor
ATT ST APPItUVED AS T+(3 F'O .
w
1 '`
HAR.. EI'+1 ' i IP`' I, City Cl rk CHRI TIAIY M. CURTIS, City Atforney Packet Pg. 52
Attachment: ^Resolution No. 2024-073 (4.6(c)--Authorize food purchases for resale and the opening of a Square account)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Adopt Resolution approving and adopting the 74th Amendment to City Budget Resolution No. 2023-060 appropriating $70,000 to install fencing along a portion of the Stillwater Business Park Preserve Boundary.

Fiscal Impact

The Stillwater Business Park Preserve (Preserve) fencing was not planned in the Fiscal Year 2023-2025 Biennial Budget. However, staff determined that fencing is needed to protect the property held in conservation easement and to preclude cattle from entering private property. The Stillwater Business Park Endowment Fund has adequate reserves to fund the installation of this improvement and there is no impact to the General Fund.

Alternative Action

The City Council could choose not to adopt the resolution appropriating the funds as re quested and provide alternative direction to staff.

Background/Analysis

In June of 2008, the City of Redding established a conservation easement endowment fund for the Preserve, as required by the U.S. Army Corps of Engineers. Over the past 16 years , the fund has grown and the interest earned may be used for maintenance of the Preserve.

The requested funding will be used to place fencing along the boundary of select Business Park properties and the adjoining lands held in conservation easement . The project will install up to 6,000 linear feet of fencing, which is comprised of a primary fencing area totaling approximately 3,600 linear feet, and a secondary fencing area totaling approximately 2,400 feet. The fencing will prevent unauthorized construction access in the Preserve during the development of private parcels, and prevent grazing cattle from entering private properties.

MEETING DATE: April 15, 2025
ITEM NO. 4.11(a)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.11(a)--Adopt Budget Resolution for Stillwater Business Park Preserve Fencing Michael Webb, Public Works
Director
Packet Pg. 53
Report to Redding City Council April 8, 2025
Re: 4.11(a)--Adopt Budget Resolution for Stillwater Business Park Preserve Fencing Page 2

Environmental Review

Adoption of the budget resolution is not a project as defined by the California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals

• This agenda item is a routine operational item.

Attachments
^Resolution
^Location Map
Packet Pg. 54
RESOLUTION NO. 2025-____

A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 74th AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060 INCREASING APPROPRIATIONS BY $70,000 FOR STILLWATER ENDOWMENT MAINTENANCE

TO INSTALL FENCING ALONG A PORTION OF S TILLWATER BUSINESS PARK PRESERVE BOUNDARY FOR FISCAL YEAR 2024-25

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING

THAT Budget Resolution No. 2023-060 be and is hereby amended as follows:

FUND DIVISION DESCRIPTION INCREASE DECREASE
101 1601 Public Works - Engineering $70,000

THAT account titles and numbers requiring adjustments by this Resolution are as follows:

USE SOURCE

OF FUNDS OF FUNDS
Increase (Decrease) Revenue
101-0000-2910000 Reserves - Fund Balance 70,000$
Increase Expenditures
101-1601-6970902-STWTR Stillwater Endowment Maintenance 70,000$ Total 70,000$ 70,000$

THAT the purpose is to appropriate $70,000 for installing fencing along a portion of Stillwater Business Park Preserve boundary for fiscal year 2024-25.

I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 15th day of April, 2025, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

JACK MUNNS, Mayor

ATTEST: FORM APPROVAL:

SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney

Packet Pg. 55
Attachment: ^Resolution (4.11(a)--Adopt Budget Resolution for Stillwater Business Park Preserve Fencing) Airport Rd
Old Oregon Trl
Venture Pkwy
Lockheed Dr
Rancho Rd
Nordona Ln
Amigo Way
Desperado Trl
Knighton Rd Municipal Blvd
Toro Way
Electro Way
Meadow View Dr
Flight Ave
Devere Dr
W
inona W
ay
Avtech PkwyShasta View Dr
Mill Ln
Venture Pkwy
Muir Peak Rd
Parcel A
Parcel 11B
Parcel 13
Parcel 4
Parcel 11A
Parcel 12
Parcel 14
Parcel 7
Parcel 5
Parcel A
Parcel D
Parcel 1
Parcel 9
Parcel 8
Parcel 15
Parcel C
Parcel G
Parcel 10
Parcel H
Parcel 3
Parcel L
Parcel 16
Parcel 6B
Parcel B
Parcel 2
Parcel 6A
Parcel E
Parcel J
Parcel F
Parcel M
Parcel N
Parcel I
Parcel K
Parcel M
Print Date: March 25, 2025
P:\specprojects\StillwaterBusPark\ProProjects\StillwaterBusinessPark\StillwaterBusinessPark.aprx Redding
Regional
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0 2,0001,000
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Stillwater Business Park
Stillwater Business Park Parcel
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Stillwater
Business Park
City of Redding
City of Redding
Shasta Lake City
Anderson
Packet Pg. 56
Attachment: ^Location Map (4.11(a)--Adopt Budget Resolution for Stillwater Business Park Preserve Fencing)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize and approve the following:
(1) Approve a Lease Agreement 7875 with the California State Lands Commission for the Lake Redding Bridge and Diestelhorst Bridge crossing over the Sacramento River at Assessor’s Parcel Numbers 101-490-011, 112-140-007, and 112-390-007, for a period of 20 years ending on February 28, 2045 , for authorized improvements to include the existing vehicle bridge and bicycle/pedestrian bridge , three-electric transmission lines, one 16-inch water pipe, associated service lines and light poles; and (2) Find the action categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 - Existing Facilities.

Fiscal Impact

Pursuant to Lease 7875 (Lease) r eimbursement costs due to the California State Lands Commission (CSLC) are not expected to exceed $12,000. The City of Redding’s (City) - Public Works Street Maintenance Division has budgeted funds for the reimbursement.

Alternative Action

City Council may choose not to approve the Lease and provide alternative direction to City staff.

Background/Analysis

The Diestelhorst Bridge and Lake Redding Bridge on the Benton Drive/North Court Street alignment cross the Sacramento River on public land leased from the Stat e of California under the jurisdiction of the CSLC. The Diestelhorst Bridge was completed in 1915 and currently serves as a bicycle/pedestrian bridge. In 1996, the City entered into a 25 -year Lease Agreement (Lease) with the CSLC allowing for the continued use and maintenance of the Diestelhorst Bridge and the construction, use and maintenance of the Lake Redding Bridge which was completed in 1997. The Lake Redding Bridge serves as a vehicle bridge with two vehicle lanes and two bicycle/pedestrian lanes.

MEETING DATE: April 15, 2025
ITEM NO. 4.11(b)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.11(b)--Approve California State Lands Commission Lease for the Lake Redding Bridge and Diestelhorst Bridge
Michael Webb, Public Works
Director
Packet Pg. 57
Report to Redding City Council April 10, 2025
Re: 4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge Page 2

The CSLC is requiring the City to execute the Lease for the continued use of the bridges for a term of 20 years ending on February 28, 204 5. The authorized improvements include the two existing bridges, three-electric transmission lines, one 16 -inch water pipe, associated service lines and light poles.

Bridge inspection reports performed by City staff, consultants or provided by Caltrans will be submitted to the CSLC every two years. A condition/integrity assessment of the utility lines will be submitted prior to June 30, 2025, and once every 10 years afterward.

Environmental Review

Staff has determined that approval of a Lease is categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 -Existing Facilities . Class 1 exemptions include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities, structures, or topographical features involving negligible or no expansion of use. The City will enter into a new L ease to allow for the continued use and maintenance of the existing bridges and associated utilities. The Lease will not result in an expansion of use, and this action has no potential to have a significant effect on the environment.

Council Priority/City Manager Goals

• This agenda item is a routine operational item.

Attachments
^Exhibit A
^Exhibit B-Location Map
^Notice of Exemption
State of California Lease 7875
Packet Pg. 58

EXHIBIT A
LEASE 7875

LAND DESCRIPTION

A strip of submerged lands, 120-feet wide, in the bed of the Sacramento River, adjacent on the right bank to P.B. Reading’s Grant and on the left bank to Section 26, T. 32 N., R. 5 W., M.D.M., County of Shasta, State of California, lying 30 feet easterly and 90 feet westerly of the following described centerline:

BEGINNING at a Station PT 26+04.67, as shown on a Drawing No. A-9795 “Lake Redding Bridge” (sheet 1 of 34) on the file with City of Redding Department of Public Works Engineering Division in June 1998; thence N 01° 20’ 51” E 606.33 feet to Station EB 32+11.00, as shown on said drawing, and the TERMINUS of said centerline.

The sidelines of said strip shall be prolonged or shortened as to begin and terminate at the low water of the left and right banks of the Sacramento River.

EXCEPTING THEREFROM any portion lying landward of the low water of the left and right banks of the Sacramento River.

END OF DESCRIPTION

Prepared 04/28/2022 by the California State Lands Commission Boundary Unit.

JAMES A . KOEPKE

PROFESSIONAL LAND SURVEYOR
STATE OF CAL I FORNIANo . 8487
Packet Pg. 59
Attachment: ^Exhibit A (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

SACRAMENTO RIVERLEASEAREA
APPROX.SHORELINE
APPROX.SHORELINEBENTON DR.

DIESTELHORSTBRIDGEAPN101-490-011
APN112-390-007APN112-140-007LAKE REDDINGBRIDGE
LEASE 7875CITY OF REDDINGAPNs: 101-490-011,112-140-007 & 112-390-007GENERAL LEASE -PUBLIC AGENCY USESHASTA COUNTY

DIESTELHORST & LAKE REDDING BRIDGES, NEAR CITY OF REDDING THIS EXHIBIT IS SOLELY FOR PURPOSES OF GENERALLY DEFININGTHE LEASE PREMISES, IS BASED ON UNVERIFIED INFORMATIONPROVIDED BY THE LESSEE OR OTHER PARTIES AND IS NOT INTENDEDTO BE, NOR SHALL IT BE CONSTRUED AS, A WAIVER OR LIMITATION OFANY STATE INTEREST IN THE SUBJECT OR ANY OTHER PROPERTY.TS 04/28/2022

EXHIBIT BNO SCALE

NO SCALESITE

LOCATION

SITESITE
N
N
MAP SOURCE: USGS QUAD
Packet Pg. 60
Attachment: ^Exhibit B-Location Map (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge) Packet Pg. 61
Attachment: ^Notice of Exemption (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:

STATE OF CALIFORNIA
California State Lands Commission
Attn: Land Management Division
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202

STATE OF CALIFORNIA

OFFICIAL BUSINESS
Document entitled to free
recordation
pursuant to Government Code
Section 27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE

A.P.N.: 101-490-011,112-140-007, and 112-390-007
County: Shasta
A3445

LEASE 7875

This Lease consists of this summary and the following attached and incorporated parts:

Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map

SECTION 1: BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to CITY OF REDDING, hereinafter referred to as Lessee, those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms, covenants, and conditions of this Lease.

Packet Pg. 62
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

MAILING ADDRESS:

City of Redding
Attn. Ken Iwamura
777 Cypress Avenue
Redding, CA 96001

LEASE TYPE:

General Lease – Public Agency Use

LAND TYPE:

Sovereign

LOCATION:

Sacramento River, adjacent to Assessor’s Parcel Numbers 101-490-011, 112-140- 007, and 112-390-007 in Shasta County, as described in Exhibit A attached and by this reference made a part hereof.

LAND USE OR PURPOSE:

Use and maintenance of one existing vehicle bridge (Lake Redding Bridge) and one existing bicycle/pedestrian bridge (original Diestelhorst Bridge) previously authorized by the Commission and three attached electrical conduits, one iron water pipeline, a water service pipeline inside a PVC pipeline, light poles and associated electric lines not previously authorized by the Commission.

TERM:
20 years; beginning March 1, 2025; ending February 28, 2045, unless sooner terminated as provided under this Lease.

CONSIDERATION:

The public use and benefit, with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State’s best interest.

AUTHORIZED IMPROVEMENTS:

__X___ EXISTING: One vehicle bridge (Lake Redding Bridge) with two vehicle lanes and two bicycle/pedestrian lanes with two attached electrical conduits (one conduit contains three 750 kcmil Aluminum 15kV XLPE insulated cables, and one conduit contains three 4/0 Aluminum 15kV XLPE insulated cables); and one existing bicycle/pedestrian bridge (original Dietselhorst Bridge) with one attached 16-inch- diameter ductile iron water pipeline, a ¾-inch-diameter water service pipeline inside a 1.5-inch-diameter PVC pipeline, light poles and associated electric lines.

______ TO BE CONSTRUCTED:

Packet Pg. 63
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

CONSTRUCTION MUST BEGIN BY: N/A

CONSTRUCTION MUST BE COMPLETED BY: N/A

LIABILITY INSURANCE:

$0

SURETY BOND OR OTHER SECURITY:
$0

SECTION 2: SPECIAL PROVISIONS

BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS:

Inspections and Assessments:

1. No later than December 31, 2025, Lessee shall promptly provide Lessor, at no cost to Lessor, electronic copies of the inspection reports of the vehicular Lake Redding Bridge prepared by Caltrans in 2024 and 2025, and every two (2) years thereafter.

2. No later than June 30, 2025, and at least once every ten (10) years thereafter, Lessee shall conduct a condition/integrity assessment, certified by a California registered Civil/Structural Engineer, of the following utilities within the Lease Premises to confirm their fitness for purpose and continued use:

• Three electrical conduits on the vehicular Lake Redding Bridge. • 6-inch-diameter ductile iron water pipeline, a ¾-inch-diameter water service pipeline inside a 1.5-inch-diameter PVC pipeline, light poles and associated electric lines on the nonvehicular Diestelhorst Bridge.

The assessment shall also include the corrosion conditions of the ductile iron water pipeline. The Lessee shall conduct condition/integrity assessments of any of the facilities within the Lease Premises at a higher frequency (more frequent than once every ten 10 years) if it is recommended by the Civil/Structural Engineer. Additionally, Lessee shall conduct such condition/integrity assessment when warranted by extraordinary circumstances such as a significant seismic event. Within sixty (60) days of completion of each assessment and at no cost to Lessor, Lessee shall submit to Lessor copies of the results of the assessment including reports, findings, recommendations, and a repair plan with schedule if Packet Pg. 64
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

repair/remediation to any of the facilities is recommended by the Civil/Structural Engineer.

3. Lessee, or its qualified contractor, shall conduct an external inspection and condition assessment of the non-vehicular Diestelhorst Bridge at least once every two years from the lease issuance date. In addition, Lessee, or its qualified contractor, shall conduct an external inspection and condition assessment of the bridge when warranted by extraordinary circumstances that may undermine the bridge’s stability or integrity, such as an accident, a major flood, or a significant seismic event. The schedule of the external inspection and condition assessment may be modified by mutual agreement among the parties hereto. At no cost to Lessor, Lessee shall promptly submit digital copies of the results of the external inspection and condition assessment, including reports, findings, and recommendations, to Lessor when repairs pertain to major renovation projects, extraordinary circumstances, public health and safety, and on request of Lessor.

a. Lessee, or its qualified contractor, shall perform upkeep and maintenance on the bridge as documented under Work
Recommendations in the inspection reports as noted by Lessee, or its qualified contractor.

4. REIMBURSEMENT OF STAFF EXPENSES:
a. REIMBURSEMENT OBLIGATION: Lessee shall reimburse any and all reasonable expenses incurred by Lessor or its staff in managing the Lease. This does not create an obligation for Lessor to perform any specific work or provide any specific services. Lessor assumes no liability for the work contemplated. The parties agree and acknowledge that this does not create an employment or fiduciary relationship. Any work performed by Lessor shall be done within Lessor’s duties and obligations as a public agency. Lessor re tains ownership of any work product created and retains full discretion to act in the best interests of the State in managing and monitoring this Lease.
b. SCOPE OF WORK: Lessor’s staff shall perform work required to manage the Lease including, but not limited to, reviewing submittals required by the Lease. Such work includes any staff costs for review of inspection reports, condition assessments, and other submitted documents related to Section 2 lease provisions.

Packet Pg. 65
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

c. ESTIMATED REIMBURSEMENT COSTS: The estimated total cost for the work is Twelve-Thousand Dollars ($12,000) (“Estimated Total Cost”). d. EXPENSE DEPOSIT AND BILLINGS: The total costs invoiced, including expense deposits, for the work authorized shall not exceed the Estimated Total Cost unless Lessor provides Lessee notice of such increase outlined below. Staff costs incurred by Lessor for the work described will be billed in arrears on a monthly basis. All payments are due thirty (30) days from the date of the invoice. Lessor reserves the right to demand an expense deposit equal to the Estimated Total Cost less any funds already paid for the remaining term of the Lease at any time by providing thirty (30) days written notice of such demand.
e. ADDITIONAL COSTS: In the event the actual costs for managing and monitoring compliance of the Lease exceeds the Estimated Total Cost, Lessor will provide written notice to Lessee. Such notice will estimate the additional funds needed for the remaining term and state the amount, if any, that Lessee must deposit. Upon notice, Lessee shall have the option to dispute or accept the increase with all the terms and conditions of the Lease remaining unchanged and in effect. Lessee shall notify Lessor in writing within five (5) business days of receiving notice of the cost increase of any intent to dispute the increase. If Lessee agrees to the revised amount or fails to respond as required herein, Lessee will be deemed to have accepted the increase and the Estimated Total Cost will automatically increase to the amount stated on Lessor’s notice of additional costs (Revised Estimated Total Cost). Lessee will deposit the balance of the Revised Estimated Total Cost within thirty (30) calendar days of the notice of the increased costs, unless a timely notice of dispute has been submitted.
f. DISPUTES: Any dispute arising under or relating to Lessor’s work which is not disposed of by agreement of Lessee and Lessor’s staff shall be decided by Lessor’s Executive Officer or designee, who shall reduce their decision to writing in regard to the dispute and shall transmit a copy thereof to Lessee within thirty (30) days of notice of the dispute.

The decision of the Executive Officer or designee shall be final and conclusive, unless within thirty (30) days from the date of receipt of such copy, Lessee transmits to Lessor a written appeal. Said appeal shall be supported with specificity.
g. In connection with any appeal proceeding under this clause, Lessee shall have an opportunity to be heard before the State Lands Packet Pg. 66
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

Commission within ninety (90) days of the receipt by staff of Lessee’s written appeal and to offer evidence in support of its appeal. Pending the final decision of any such dispute, Lessee shall proceed in accordance with the written decision of the Executive Officer or designee, which is the subject of Lessee’s appeal including the payment of invoices to the State.
h. The procedure described herein shall not prejudice or deny Lessee’s remedies at law. However, Lessee agrees to exhaust the procedure described herein before pursuing remedies at law. All amounts paid to the State under protest shall be held by the State in trust until the dispute is resolved.
i. INVOICING AND PAYMENT: Lessee agrees to reimburse Lessor for all reasonable costs associated with lease management, including but not limited to the work and costs described in the Scope of Work above.

Staff costs shall be computed in accordance with Section 8752 of the State Administrative Manual and shall include salaries and wages, related staff benefits, and administrative overhead. Invoices shall be mailed to Lessee at the address identified in Section 1 of this lease, unless otherwise directed in writing by Lessee. Payments shall reference the lease number, Lease 5213, and must be mailed to the following address:

California State Lands Commission
Howe Avenue, Suite 100 South
Sacramento, CA 95825-8202
Attention: Accounting
j. NOTICES AND AUTHORITIES: Any notice or other written communications required or permitted may be personally delivered in writing, or may be sent by certified mail, return receipt requested, to the address stated above and shall, based on such delivery or sending, be deemed to have been effectively communicated. Any notice given other than as provided above, shall not be deemed to be effectively communicated until received in writing.

5. Should a pipeline leak occur within the Lease Premises, Lessee shall immediately notify Lessor at (562) 590-5201, the California Governor's Office of Emergency Services at (800) 852-7550, and other applicable agencies. A spill report documenting all aspects of the leak and its final mitigation shall be filed immediately and electronically with the Lessor.

Packet Pg. 67
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

6. Lessee shall not install, attach, or authorize the placement or attachment of any additional utilities or other improvements on the existing bridges or within the Lease Premises without the Lessor’s prior review and approval. Separate Leases may be required for any utilities or other improvements placed on the bridges or within the Lease Premises.

7. The provisions of Section 3, Paragraph 11 shall also extend to the period of Lessee’s unauthorized occupation of state -owned lands, from March 1, 2022, through February 28, 2025.

8. Lessee acknowledges that it would be solely responsible for any costs associated with any environmental analysis required under a removal plan as specified in Section 3, paragraph 14.4(B).

9. Section 3, Paragraph 7.3 does not apply to this lease.

[Remainder of page intentionally left blank]
Packet Pg. 68
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

Section 3: General Provisions
Paragraph 1: Definitions
“Applicable Laws” are all local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, judgments, orders, notice requirements, and other requirements of governmental authorities pertaining to the use or condition of the Lease Premises and the conduct of Lessee’s business thereon in effect as of the date of execution of this Lease or subsequently enacted and lawfully applied hereto.
“Damages” are all liabilities, demands, claims, actions, or causes of action whether regulatory, legislative, or judicial in nature; all assessments, levies, losses, fines, penalties, damages, costs, and expenses, including, without limitation: (i) reasonable attorneys’, accountants’, investigators’, and experts’ fees and expenses sustained or incurred in connection with the defense or investigation of any such liability, and (ii) costs and expenses incurred to bring the Lease Premises into compliance with Applicable Laws, Environmental Laws, a court order, or applicable provisions of a Regulatory Agency. The term “Damages” also includes those Damages that arise as a result of strict liability, whether arising under Environmental Laws or otherwise.
“Environmental Laws” are any and all federal, state, or local environmental, health, or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits, or permit conditions, treaties and conventions, currently existing and as amended, enacted, issued, or adopted in the future that are or become applicable to Lessee, and the Lease Premises with respect to: (a) the protection, preservation, or clean-up of the environment, wildlife, habitat, or natural resources; (b) the use, treatment, storage, transportation, handling, or disposal of Hazardous Materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of waterways, groundwater, or drinking water; or (e) the health and safety of persons or property.
“Hazardous Materials” are any chemical, substance, material, controlled substance, object, condition, waste, living organism, or combination thereof that is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, Packet Pg. 69
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

carcinogenicity, mutagenicity, phytotoxicity, infectiousness, or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms, or combinations thereof that are now or become in the future listed, defined, or regulated in any manner by any Environmental Laws based on, directly or indirectly, such properties or effects.
“Improvements” are any modification, alteration, addition, or removal of any material and any other action that changes the condition of the Lease Premises from the natural state, whether situated above, on, or under the Lease Premises.

Improvements include any construction situated on or placement of material within the Lease Premises regardless of value.
“Lease” is this document together with all subsequent amendments and exhibits.
“Major Repairs” means any work that requires a permit or approval from other agencies, requires environmental review, or requires rebuilding or replacing any of the authorized Improvement(s).
“Mineral Resources” includes timber, crops, sand, oil, gas, hard rock minerals and other mineral deposits as defined in Public Resources Code section 6407. “Natural Resources” are all of the flora and fauna native to both the upland terrestrial, fresh water, coastal and marine ecosystems within, and adjacent to, the lease premises.
“Public Trust” means the constitutional, statutory, and common law doctrine providing the state’s sovereign authority over the navigable waters of the state, including the tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
“Repairs” means work to maintain the Lease Premises and Improvements thereon in good, safe, and clean condition. Repairs are work that is minor in scope, do not require obtaining permits, approvals, or authorizations from other agencies, such as building permits, and do not require environmental review Packet Pg. 70
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

under State or Federal environmental laws.

Paragraph 2: Rent

2.1. Absolute Triple Net Lease. This Lease is an absolute triple net lease, meaning Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities, repairs, or other costs or obligations associated with the Leased Premises, except as expressly stated herein.

2.2. Payment of Rent. Lessee must pay rent annually, on or before each anniversary of this Lease unless this Lease specifies a different rent schedule. The first installment is due on the beginning date of this Lease or within 60 days of Lessor authorizing the Lease at a public meeting, whichever is later. Rent is due each year in advance. Should Lessee submit payments that are less than the full amount of rent due under this Lease, Lessor may provide a supplemental billing invoice. Rent will not be refunded or prorated if Lessee discontinues use of the Lease Premises during the term.

2.3. Place for Payment. All payments under this Lease must be submitted to Lessor’s principal office as specified in this Lease. Lessee may contact Lessor’s accounting staff for Lessor’s current practices for payment by credit card or electronic fund transfer.

2.4. Courtesy Invoices. Lessor may send courtesy invoices to the address on file for Lessee at least thirty (30) days before a rent payment is due. Lessor’s failure to, or delinquency in, providing invoices will neither excuse Lessee from paying rent nor extend the time for paying rent. If Lessor does not send a courtesy invoice, Lessee must submit rent in the amount of the prior year’s rent when due and contact Lessor within thirty (30) days to determine the balance due.

2.5. Penalties and Interest. Penalties for late payments of any amounts due under this Lease and interest thereon are as provided in Title 2, California Code of Regulations section 1911(b). Timeliness of receipt of remittances shall be as provided in Title 2, California Code of Regulations section 1911(a).

2.6. Annual Adjustment of Rent. The rent specified in Section 1 of this Lease will be adjusted annually by the Consumer Price Index as specified in Title 2, California Code of Regulations section 1900(m) & (n) unless otherwise specified in this Lease.

2.7. Review of Non-Monetary Consideration. If rent is discounted or waived pursuant to Title 2, California Code of Regulations section 2003(e)(4), Lessor may Packet Pg. 71
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

review such determination at any time and set a monetary rental. Lessee shall be given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days’ notice prior to the effective date that the rent is changed, whichever provides more notice.

2.8. Periodic Rent Review. Lessor may modify the method, amount, or rate of consideration effective on each tenth anniversary of the beginning date of this Lease, in addition to the last two years of the Lease as provided in Provision 14.4 below. Lessor shall consider the factors provided in Title 2, California Code of Regulations section 2003(d) when determining whether a rent modification is appropriate and which rental method listed in section 2003(a) should apply.

Should Lessor fail to exercise such right effective on any tenth anniversary, it may do so on any one (1) of the next nine (9) anniversaries following such tenth anniversary, without prejudice to its right to modify rent on the next or any succeeding tenth anniversary of the beginning date. No such modification shall become effective unless Lessee is given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the rent modification is considered or thirty (30) days’ notice prior to the effective date of the increas e, whichever provides a greater notice period.

2.9. If Lessor elects to prepare an appraisal to establish a new rent, Lessee may, at its option, also provide a timely independent appraisal at its sole expense for Lessor’s review and consideration. Prior to Lessee’s contracting for such appraisal, Lessor and Lessee shall negotiate in good faith and agree upon the terms and conditions for such third-party appraisal, including but not limited to the highest and best use, appraisal methodology, and minimum appraiser credentials. Such appraisal shall be prepared in accordance with generally accepted and applicable appraisal standards as they are adopted from time to time by the Appraisal Standards Board of the Appraisal Foundation, and Lessor’s Appraisal Guidelines.

2.10. Books and Records. Lessee must keep and maintain full and accurate accounting books and records of transactions from the Lease Premises in accordance with generally accepted accounting principles for at least the five (5) prior years. The accounting books and records kept and maintained by Lessee for audit purposes must include all records, receipts, journals, ledgers, and documents reasonably necessary to enable Lessor or its auditors to perform a complete and accurate audit of gross sales and exclusions from gross sales in Packet Pg. 72
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

accordance with generally accepted accounting principles. Lessee must also maintain an original receipt for the payment of taxes, assessments, or installments and deliver such to Lessor upon request.

2.11. Report of Gross Income. On Lessor’s request, Lessee must submit a Report of Gross Income on a form provided by Lessor for the prior five (5) years. This report together with supporting documentation (hereinafter collectively referred to as “Income Reports”) must include all business operations located on or over the Lease Premises. The gross income of sublessees and all others generating income on the Lease Premises must be reported separately and with sufficient organization and detail so that Lessor can identify the source of all gross income generated on the Lease Premises.

2.12. Audits. On not less than ten (10) days' prior written notice to Lessee, Lessor may cause an audit to be made of the Income Reports and all of Lessee's records and accounting books necessary (in Lessor’s judgment) to audit such items. Lessee will make all such books and records available for the audit at the Lease Premises or at Lessor’s offices. If the audit discloses an underpayment of Rent, Lessee will immediately pay to Lessor the amount of the underpayment with "Interest" (as provided in Paragraph 2.5), which will accrue from the date the payment should have been made through and including the date of payment. If the audit discloses an underreporting of rent in excess of two percent (2%) of the reported Gross Income, then Lessee will also immediately pay to Lessor all reasonable costs and expenses incurred in the audit and in collecting the underpayment, including auditing costs and attorney fees. If the audit discloses an overpayment of Rent, Lessee will be entitled to a credit in the amount of the overpayment against the next rent payment(s).

Paragraph 3: Surety

3.1. Lessee to Obtain Surety. Lessee shall provide a surety bond or other security device acceptable to Lessor when required by Section 1 of this Lease. Such security shall be for the specified amount, name the State of California, California State Lands Commission, as the assured, and guarantee to Lessor the faithful observance and performance by Lessee of all the terms, covenants, and conditions of this Lease.

3.2. Lessor’s Modification of Surety. Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized Improvements, any modification of consideration, or to provide for inflation or Packet Pg. 73
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

other increased need for security. The surety bond or other security device may be increased: (i) if any additional Improvements or activities are authorized on the Lease Premises; (ii) if Lessee modifies any existing Improvements such that the cost for removal of such Improvements is increased; (iii) when a periodic rent review is conducted under section 2.8; (iv) on each fifth anniversary of this Lease, (v) Lessor determines it is in the best interest of the state; (v) within the last two years of the Lease. Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one of the next four anniversaries without prejudice to its right to modify the surety on the next fifth anniversary or as otherwise provided above. Lessor will provide at least thirty (30) days’ notic e prior to the date of the Commission meeting wherein the modification of the surety is considered, or thirty (30) days’ notice prior to the effective date of the increase.

3.3. Lessee’s Modification of Surety. Any security device required under this Lease must be maintained at all times during the Lease term. Lessee must first seek approval of Lessor before changing the surety holder or the type of security device used.

Paragraph 4: Insurance

4.1. Lessee Must Insure Lease Premises. Lessee must obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance against any and all claims or liability arising out of the ownership, use, occupancy, condition, or maintenance of the Lease Premises and all Improvements. The coverage limit must be no less than the amount specified in Section 1 of this Lease.

4.2. Insurance Policy Requirements. The insurance policy must identify the Lease by its assigned number. The coverage provided must be primary and non- contributing. Lessee must keep such policy current. Lessor must be named as a “certificate holder” or an “additional interest” on the policy . Lessee must provide Lessor with a current certificate of insurance at all times. At Lessor’s request, Lessee must provide a full copy of the current insurance policy, along with any and all endorsements or other such documents affecting the coverage. Lessor will not be responsible for any premiums or other assessments on the policy.

4.3. Notice to Lessor. Lessee shall notify Lessor within five (5) business days if the insurance is canceled for any reason and shall act diligently to replace the insurance. Failure to timely replace the insurance may result in a default of the Packet Pg. 74
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

lease.

4.4. Modification. Lessor may require an increase in the amount of the insurance to cover any additionally authorized Improvements, any modification of consideration, or to provide for inflation or other increased need. Insurance coverage may be increased: (i) if any additional Improvements or activities are authorized on the Lease Premises; (ii) if Lessee modifies any existing Improvements or intensity of use; (iii) when a periodic rent review is conducted under section 2.8; (iv) on each fifth anniversary of this Lease; (v) Lessor determines it is in the best interest of the state; (vi)within the last two years of the Lease. Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one of the next four anniversaries without prejudice to its right to modify insurance requirements on the next fifth anniversary. Lessor will provide at least thirty (30) days’ notice prior to the date of the Commission meeting wher ein the modification of insurance is considered, or thirty (30) days’ notice prior to the effective date of the increase.

Paragraph 5: Taxes, Assessments, and Fees

5.1. Revenue and Tax Code Section 107.6 Statement. Issuance of this Lease creates a possessory interest that may be subject to property taxation. The Lessee may be subject to, and is solely responsible for, any possessory interest taxes levied on the leasehold interest.

5.2. Lessee to Pay All Taxes, Assessments, and Fees. In addition to any Rent due under this Lease, Lessee must pay when due all real and personal property taxes imposed on or associated with the Lease Premises during the term of this Lease.

This includes, without limitation: possessory interest taxes, assessments, special assessments, user fees, and service charges. If this Lease begins or ends during a tax year, Lessee must pay the taxes, assessments, and fees for the portion of the tax year the Lease was in effect.

5.3. Reimbursement Agreements. Lessee must pay in full any amount owed on the Application Reimbursement Agreement within 30 days of invoice.

5.4. Records of Payments. Lessee shall keep the official and original receipt for payments required by this paragraph 5 and provide to Lessor upon request.

Paragraph 6: Land Use

6.1. Only Authorized Uses. Lessee will use the Lease Premises only for the purposes stated in this Lease. Any additional uses or Improvements require separate Packet Pg. 75
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

authorization from Lessor. Lessee must submit a separate application to Lessor to amend this Lease if Lessee intends to add to or alter the Improvements on, or change the uses of, the Lease Premises.

6.2. Lessee to Comply with All Applicable Laws. Lessee, at Lessee’s sole expense, will comply with all Applicable Laws. Lessee must give Lessor immediate written notice on Lessee’s becoming aware that the use or condition of the Lease Premises is in violation of any Applicable Laws. Lessee must obtain and maintain all permits or other entitlements.

6.3. Lease Does Not Substitute for Permits. This Lease does not substitute for or provide preference in obtaining approval from other federal, state, or local agencies. Lessee is solely responsible for determining what approvals, authorizations, or certifications are required, and will be solely responsible for all costs incurred thereby.

6.4. No Discrimination. Lessee, in its use of the Lease Premises, must not discriminate against any person or class of persons on any basis protected by federal, state, or local law.

6.5. “As Is.” Lessee accepts the Lease Premises “as is” and acknowledges that:

6.5.1. Lessor, including its officers and employees, made no representations or warranties as to the suitability of the Lease Premises for any uses authorized under this Lease. Lessee is solely responsible for determining the suitability of the Lease Premises for any proposed use or Improvements; and

6.5.2. Lessor, including its officers and employees, has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, or of their conformity to Applicable Laws. Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for the Lessee’s intended use; and

6.5.3. Damage to or destruction of any Improvements on the Lease Premises by any cause whatsoever does not entitle Lessee to any reduction in rent or extension of this Lease; and

6.5.4. Any Improvements on the Lease Premises are considered personal property and not fixtures; and

6.5.5. Lessee accepts the hazards involved in using or improving such lands.

Lessor is not responsible for any damages or reduced use of the Lease Premises caused by: local or invasive flora or fauna, flooding, erosion, climate change, Packet Pg. 76
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures, and any other such hazards.

Lessee will not be reimbursed or receive offset of rent for such hazards; and

6.5.6. The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims. The Lease is made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose.

6.6. Uses Inconsistent with the Public Trust Prohibited. Unless specifically authorized in this Lease, any use of the Lease Premises which is i nconsistent with the Public Trust is prohibited when the Lease Premises are land s subject to the Public Trust.

Paragraph 7: Climate Change

7.1. Lessee acknowledges that the Lease Premises and adjacent upland may be subject to the hazards exacerbated by climate change, including sea level rise. Potential hazards to the Lease Premises from climate change include but are not limited to flood damage, erosion damage, earthquakes, tsunamis, and damage from waves and storm-created debris. Lessee acknowledges that these impacts associated with climate change may require additional adaptation or protection strategies applied to the improvements on the Lease Premises and additional maintenance.

7.2. Lessee assumes the risks associated with such potential hazards and agrees to be solely responsible for all damages, costs, and liabilities arising as a result of the impacts of such hazards on the Lease Premises. Any additional maintenance or protection strategies necessitated by such hazards may be subject to environmental review and require additional approval by the Lessor.

7.3. Lessee shall conduct monitoring reports within the first three years of lease execution or construction, and at five-year intervals thereafter for the life of the project; and shall also provide Lessor with monitoring reports following any extreme event, including, but not limited to: extreme tide event (including King Tides), earthquake, or tsunami that results in the declaration of a Local Emergency or a State of Emergency (as defined in Cal. Gov. Code § 8558) or a federal Emergency or Major Disaster (as defined in 44 C.F.R. § 206.2).

Paragraph 8: Environmental Matters

8.1. Lessee to Comply with Environmental Laws. Lessee, at its sole cost and Packet Pg. 77
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

expense, will comply with all Environmental Laws.

8.2. Hazardous Materials. Lessee will immediately notify Lessor of any known violation of any Environmental Laws, along with any action, claim, demand, inquiry, or order relating to a violation of Environmental Laws on the Lease Premises. Lessee must immediately provide copies of all related documents upon Lessor’s request . Lessee must immediately notify Lessor and the appropriate governmental emergency response agency, or agencies in the event of any release or threatened release of any Hazardous Material on or about the Lease Premises.

8.3. Cleanup of Hazardous Materials. If Hazardous Materials are located on or released onto or about the Lease Premises due to Lessee’s activities on the Lease Premises, the Lessee is responsible for the cleanup and disposal of such Hazardous Materials consistent with all Applicable Laws. Lessee must submit a site assessment and removal/remediation plan prepared by a professional, licensed and qualified to remove or remediate the Hazardous Materials for review and approval by Lessor. If Lessor approves the plan in writing, Lessee must commence the removal/remediation at its sole expense, in conformance with all Applicable Laws. Alternately, Lessor may elect to perform the removal/remediation at Lessee’s expense. Lessee must compensate Lessor for the actual cost of the removal/remediation within thirty (30) days of receiving a written invoice from Lessor.

8.4. Inspection. Lessee will permit Lessor or its agents to enter the Lease Premises on 24-hour notice to inspect, monitor, or take remedial action with respect to Hazardous Materials. If Hazardous Materials are generated, stored, or transported on the Lease Premises, Lessor may require Lessee to conduct an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Materials. If this assessment or inspection is required, Lessor will be allowed to review and approve the contractor, and the work will be done at Lessee’s expense.

8.5. Conservation. Lessee will cooperate with and participate in conservation programs for water, electricity, composting, natural gas and recycling programs, including those for the collection of cardboard, metals, plastics, and glass at Lessee’s expense .

Paragraph 9: Repairs, Major Repairs, and Alterations

9.1. Lessee Required to Perform Repairs. Lessee is solely responsible for Packet Pg. 78
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

maintaining the Lease Premises, including all Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition. Lessee is not required to get Lessor’s advanced approval for routine Repairs.

9.2. Major Repairs Require Lessor Approval. Lessee must obtain Lessor’s advanced written approval prior to conducting any Major Repairs. The decision whether a Repair is a Major Repair, and the decision whether a lease amendment is necessary, will be made by Lessor and based on the scope, cost, and impacts of the work.

9.3. Alterations Require Lessor Approval. Any material change in the size, scope, density, type, nature, or intensity of Improvements on or uses of the Lease Premises from what is authorized in this Lease will be considered an Alteration.

Lessee may not conduct any Alterations without a modification of this Lease approved by Lessor. The decision whether a change constitutes an Alteration will be made by Lessor and based on the individual facts.

9.4. Improvements in Disrepair or Unsafe Condition. Lessee’s failure to maintain the Lease Premises or Improvements that have become unsafe or derelict entitle Lessor to require removal under Paragraph 14. After providing notice and opportunity to cure, Lessor may require submission of a written plan to restore the Lease Premises under Paragraph 14. Lessee’s failure to comply shall entitle Lessor to terminate this Lease, remove the Improvements from the Lease Premises and recover the costs incurred in doing so from the Lessee.

Paragraph 10: Lessor’s Reservation of Rights

10.1. Non-Exclusive Lease. Lessee’s right of occupancy is non -exclusive. Lessee may control access to the Improvements on the Lease Premises. Unless otherwise stated in this Lease, Lessee may exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with the Authorized Use of the Lease Premises.

10.2. Lessee Responsible for Impacts to Natural Resources and Public Trust Uses.

When the Lease Premises include school lands or sovereign lands, the Lessee is responsible for any damage or adverse impacts to Natural Resources within or adjacent to the Lease Premises. It is the intention of Lessor to limit the transfer of rights under this lease to the minimum level required to carry out the primary purpose of the Lease. Lessee’s use of the Lease Premises must minimize impacts to the Public Trust if the Lease Premises are subject to the Public Trust. Lessee must not interfere with public access or Public Trust uses authorized under statute Packet Pg. 79
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

and common law.

10.3. Mineral Resources. Mineral Resources may not be removed from the Lease Premises unless specifically authorized under this Lease. Lessee shall not extract, sell, damage, or use Mineral Resources found within the Lease Premises without specific authorization under this Lease. Lessor reserves the right to grant and transfer Mineral Resources along with the right to grant leases to third parties in and over the Lease Premises for the extraction of such Mineral Resources. Such leasing will not be inconsistent or incompatible with the rights or privileges of Lessee under this Lease.

10.4. Right to Inspect. Lessor reserves the right to inspect the Lease Premises. If access to the Lease Premises is reasonably accomplished by passing through adjacent property owned by Lessee, Lessor shall provide 24-hour notice prior to entry and Lessee shall grant such entry for inspection of the Lease Premises.

10.5. Statutory Reservations. Lessor reserves to the public an easement across the Lease Premises complying with Public Resources Code section 6210.4 and Public Resources Code section 6210.5.

10.6. Multiple Overlapping Leases Allowed. Lessor reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease.

Paragraph 11: Indemnity

11.1. Lessee’s Sole Risk. Lessee’s use of the Lease Premises and any Improvements thereon, including use by guests and invitees, is at Lessee’s sole and exclusive risk.

11.2. Lessee to Indemnify Lessor. Except to the extent caused by the sole negligence or willful misconduct of the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee’s occupation and use of the Lease Premises. Lessee shall reimburse Lessor in full for all reasonable costs and attorneys’ fees, specifically including, without limitation, any Damages arising by reason of: (1) The issuance, enjoyment, interpretation, or breach of this Lease; (2) The challenge to or defense of any environmental review upon which the issuance of this Lease is based; (3) The death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal Packet Pg. 80
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

property on the Lease Premises; (4) The condition of the Lease Premises, or Improvements on the Lease Premises; (5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises; (6) Any work performed on the Lease Premises or material furnished to the Lease Premises; (7) Lessee’s failure to comply with any Applicable Laws or violation of any Environmental Laws; (8) The costs for any cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during Lessee’s occupation of the Lease Premises. This obligation includes any prior leases between Lessee and Lessor and will continue until Lessee has performed all duties under Paragraph 14.

11.3. Lessor Not Required to Defend. Lessor need not defend itself against all or any aspect of any challenge to this Lease or any associated environmental review. However, Lessee may take whatever legal action is available to it to defend this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a defense against such a challenge.

11.4. Lessee to Notify Lessor. Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises.

Paragraph 12: Assignment, Encumbrance, or Sublet

12.1. Lessor’s Consent Required for Assignment. Lessee shall not mortgage; hypothecate; encumber; assign; sublet; enter into franchise, license, or concession agreements; or otherwise transfer all or part of this Lease (collectively “Assign” or “Assignment”) without Lessor’s advanced and expressed consent at a properly noticed public meeting. Any purported Assignment without Lessor’s consent will be void and of no force or effect and will not confer any estate or benefit on anyone. A consent to one Assignment by Lessor will not be deemed to be a consent to any subsequent Assignment by or to any other party.

12.2. Lessee Actions Not Considered Assignments. If Lessee is a public corporation whose stock is traded on a nationally recognized stock exchange, sale or transfer of such stock is not an Assignment.

12.3. Procedures. If Lessee desires to Assign this Lease, Lessee will apply to Lessor for the proposed Assignment. The Assignment will be considered by Lessor at a public meeting. Lessor may require any of the following in considering consent of an Assignment: (a) the nature, effective date, terms, and conditions of the assignment; (b) a description of the identity, net worth, and previous business Packet Pg. 81
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

experience of the proposed assignee; (c) a complete business plan prepared by the proposed assignee; and (d) any further information relevant to the proposed Assignment that Lessor reasonably requests. Lessor may either (i) consent to the proposed Assignment; (ii) refuse to consent to the proposed Assignment; or (iii) determine that it is preferable to terminate this Lease and issue a new lease to the proposed assignee.

12.4. Standard for Consent. Lessor may refuse its consent to the proposed Assignment on any reasonable grounds. Reasonable grounds include, without limitation: (a) the proposed assignee intends to use the Lease Premises for different activities or uses than those set forth in Section 1; (b) the proposed assignee’s financial condition is deemed by Lessor to be inadequate to support the financial and other obligations of Lessee under this Lease; (c) the business reputation or character of the proposed assignee is not reasonably acceptable to Lessor; (d) the proposed assignee is not likely to conduct a business of a quality substantially equal to that conducted by Lessee; (e) the proposed assignee’s planned use of the Lease Premises would increase the burden on the Lease Premises, involve an increased risk of the presence, use, release, or discharge of Hazardous Materials; or (f) Lessor has not received adequate assurance that all breaches will be cured before the effective date of the proposed Assignment.

12.5. Additional Terms. Lessee’s Assignment of the Lease does not release Lessee from liability for any Hazardous Materials or ordinance manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during Lessee’s tenancy. An unauthorized assignment does not relieve Lessee from its covenants and obligations under this Lease. Lessor’s acceptance of any payment due under this Lease from any person other than Lessee will not be deemed to be a waiver by Lessor of any provision of this Lease or to be a consent to any Assignment.

12.6. Bankruptcy. If Lessee files a petition or an order for relief is entered against Lessee under the Bankruptcy Code (11 U.S.C. § 101, et seq.), then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or as that deadline may be extended by order of the court, or the Lease shall be deemed to have been rejected and Lessor shall be entitled to immediate possession of the Lease Premises. No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in-possession has cured all breaches of Packet Pg. 82
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

this Lease (monetary and non-monetary) or has provided Lessor with adequate assurances (a) that within ten (10) days from the date of such assumption or assignment, all monetary breaches of this Lease will be cured; and (b) that within thirty (30) days from the date of such assumption, all non-monetary breaches of this Lease will be cured; and (c) that all provisions of this Lease will be satisfactorily performed in the future.

12.7. Permitted Assignments. The following Assignments are permitted under this Lease without Lessor’s consent : (a) Assignment caused by the death of a spouse where the full interest of the deceased spouse is Assigned to a surviving spouse who is a co-lessee on this Lease, provided Lessor is notified in writing within thirty (30) days of the assignment; (b) assignment caused by the dissolution of the marriage of Lessee when the full interest of one spouse is assigned to the other spouse who is a co-lessee on this Lease, provided Lessor is notified in writing within thirty (30) days of the transfer; and (c) substitution or succession of a new trustee if the Lease is held in trust and the Lessee is a trustee or successor trustee thereof, provided Lessor is notified in writing no later than sixty (60) days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason.

12.8. Lessee Remedies. If Lessor withholds or conditions its consent and Lessee believes that Lessor did so contrary to the terms of this Lease, then Lessee’s sole remedy will be to prosecute an action for declaratory relief to determine if Lessor properly withheld or conditioned its consent, and Lessee hereby waives all other remedies.

Paragraph 13: Breach

13.1. Events of Breach. All covenants and agreements contained in this Lease are declared to be conditions to this Lease. Lessee’s failure to pay rent when due or any other charges under this Lease for five (5) days after written notice from Lessor to Lessee will be considered a monetary breach. Lessee’s failure to perform any other promise, covenant, or agreement under this Lease for more than thirty (30) days after written notice from Lessor to Lessee will be considered a non-monetary breach. If a non-monetary breach cannot be cured within the thirty (30)-day period, the breach will be deemed to be cured if Lessee begins to cure the breach within the thirty (30)-day period and continues to diligently complete the cure.

13.2. Breach of Lease. Lessor shall provide written notice to Lessee specifying the Packet Pg. 83
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

particulars of the breach. Should Lessee fail to cure the breach within the period specified in Paragraph 13.1, then Lessor may elect to pursue any available remedies under law, or those specified in paragraph 13.3, below.

13.3. Remedies on Breach of Lease. In addition to any other rights or remedies at law or equity, Lessor may, without further notice, (a) terminate this Lease, reenter and take possession of the Lease Premises and remove all persons and all Improvements therefrom at Lessee’s cost ; or (b) keep this Lease in effect without declaring this Lease terminated and without terminating Lessee’s right to possession, reenter the Lease Premises and occupy the whole or any part for and on account of Lessee and collect any unpaid rentals and other charges that have become payable or that may thereafter become payable; or (c) terminate this Lease after reentering the Lease Premises as provided in subclause (b) above. Any notice required to be given by Lessor above will be instead of, and not in addition to, any notice required under the laws of the State of California.

13.4. Determination of Rental Value. If rent under this Lease is calculated as percentage of Lessee’s income attributable to the Lease Premises and Lessee abandons the Lease Premises, then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner.

13.5. Acceptance of Rent When Lessee is in Breach. Lessor’s acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor’s knowledge of the preexisting Breach at the time rent is accepted, unless the breach was a monetary breach and the payment occurs during the cure period specified in Paragraph 13.1.

13.6. Acceptance of Payments After Lease Termination. Lessee’s submission or Lessor’s acceptance of any payments after the expiration or termination of this Lease shall not reinstate or extend this Lease. Lessor may elect to retain any payment submitted and apply these payments to offset any damages claimed against Lessee; or Lessor may elect to allow a holdover tenancy under Paragraph 14.6; or Lessor may elect to refund the payments less a reasonable handling fee.

13.7. Waiver of Rights. The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party.

Packet Pg. 84
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

Paragraph 14: Conditions of Lease Termination

14.1. Use of State Land. This Lease authorizes the use or occupation of state land for a fixed term of years without options or rights of renewal . Lessee accepts that future leases authorizing the continued existence of any Improvements constructed or maintained by Lessee on the Lease Premises are subject to a discretionary action of the California State Lands Commission. Submission of an application for a new lease does not guarantee a new lease will be granted to Lessee. Lessee acknowledges that construction of Improvements on the Lease Premises and investment in or obtaining financing for the uses authorized under this Lease is done in full understanding that future leases are not guaranteed.

Lessee also affirmatively represents that the cost of removing Improvements was considered before entering into this Lease and placing or assuming any Improvements on state land.

14.2. Abandonment. Lessee’s right of access to the Lease Premises was a material consideration in Lessor issuing this Lease. If, without prior notice to Lessor, Lessee sells, abandons, or loses title to the upland property adjacent to the Lease Premises, or otherwise loses the legal right to access the Lease Premises, Lessor may deem this an abandonment of the Lease Premises. Lessee must actively maintain and manage any Improvements authorized by this Lease. Should Lessee discontinue use, management, or maintenance of the authorized Improvements, Lessor may deem this an abandonment and elect to terminate the Lease. Alternately, Lessor has the remedy described in California Civil Code section 1951.4 (Lessor may continue lease in effect after Lessee’s breach and abandonment and recover rent as it becomes due if Lessee has right to sublet or assign, subject only to reasonable limitation). Abandonment of the Lease Premises shall not relieve Lessee of any obligations under this Lease.

14.3. Restoration. In issuing this Lease it is Lessor’s understanding that all Improvements will be removed from state land at the expiration or termination of this Lease. If Lessee abandons the Lease Premises, or Lessor terminates this Lease, or this Lease expires without execution of a new lease authorizing Lessee’s use of the Lease Premises , Lessee must: 1) remove all Improvements regardless of whether Lessee constructed or placed Improvements together with all debris at its sole expense and risk, restoring the Lease Premises to as close as possible to an unimproved condition to Lessor’s satisfaction ; and 2) immediately surrender possession of the Lease Premises. Lessor may, in its sole discretion, allow all or any portion of the Improvements to remain in place. In Packet Pg. 85
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

carrying out this obligation, Lessee acknowledges that further authorizations, review of the Restoration Plan, and environmental review may be necessary as outlined in Section 14.4 below.

14.4. Two Years Prior to Expiration. (A) If Lessee desires to continue the uses authorized under this Lease, Lessee shall submit an application together with all required fees at least two years prior to the expiration of this Lease. Submission of an application does not guarantee a new lease will be granted to Lessee. (B) If Lessee does not desire to occupy the Lease Premises beyond the term of this Lease, then two years prior to the expiration of this Lease, Lessee shall submit an application, including a detailed plan to remove all Improvements and restore the Lease Premises to the condition existing prior to the installation or construction of any Improvements. The plan must include a timeline for obtaining all necessary permits. The restoration plan may require a subsequent environmental review and approval from Lessor. (C) Lessor may modify annual rent, surety and insurance within the last two years of the Lease.

14.5. Failure to Restore Lease Premises. Lessee’s failure to remove improvements, restore the Lease Premises, or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof. Lessee shall not be entitled to any compensation for Improvements left on the Lease Premises at the termination or expiration of this Lease. Lessor may, in its sole discretion, elect to treat the Improvements as abandoned and remove all or any portion of Improvements from the Lease Premises. Lessee’s failure to adequately restore the Lease Premises imposes significant financial liability on Lessor. As a result, Lessee shall be responsible for all expenses incurred by Lessor in restoring the Lease Premises, including , without limitation, staff time, environmental work or permitting, contractor costs, and reasonable attorney’s fees.

14.6. Holdover. This Lease terminates without further notice at the end of its term.

Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises and allow a period of holdover tenancy. Any holdover tenancy shall be on a month-to-month basis. Lessee’s submittal of annual rent during holdover does not constitute tenancy longer than month-to-month. Any holdover tenancy shall be on the same terms as this Lease insofar as such terms can be applicable to a month-to-month tenancy. The rent for each month or any portion thereof during such holdover period is one hundred fifty percent (150%) of one-twelfth (1/12) of Packet Pg. 86
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

the total compensation for the most recent year paid. The month-to-month tenancy may be terminated by Lessor upon thirty (30) calendar days’ prior written notice to Lessee.

14.7. Holdover on Leases with No Monetary Consideration. In the event this Lease does not require monetary consideration, 14.6 shall continue to apply, and in addition: 1) Lessor shall have the right to establish rent based on the fair market value of the Lease Premises, and 2) In no way shall the prior lease consideration limit damages for trespass.

14.8. Quitclaim. In the event this Lease is terminated prior to expiration, Lessee shall deliver a quitclaim of all rights under this Lease to Lessor on request. Lessee shall execute and deliver such quitclaim to Lessor in a form provided by Lessor.

Should Lessee fail or refuse to deliver such a release, Lessor may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants.

Paragraph 15: Additional Provisions

15.1. Conflict in Terms. In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special Provisions control.

15.2. Boundaries. This Lease does not establish the State's boundaries in so far as it relates to land and resource jurisdiction and ownership and is made without prejudice to either party regarding any land and water boundary or title claims which may be asserted presently or in the future.

15.3. No Waiver. Lessor’s acceptance of a late or nonconforming performance shall not constitute a waiver unless such waiver is expressly acknowledged by Lessor in writing. Lessor’s delay in or omission to exercise any right under this Lease shall not constitute a waiver.

15.4. Time is of the Essence. Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor.

15.5. Notice. All notices required to be given under this Lease shall be given in writing, sent by U.S. Mail or other reputable private carrier with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessor’s staff and Lessee may agree to accept any notice by electronic mail. Lessee shall give Lessor notice of any change in its Packet Pg. 87
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

name or address.

15.6. Consent. Lessor’s consent to one transaction or event shall not be deemed to be a consent to any subsequent occurrence.

15.7. Changes. This Lease may only be amended, revised, or supplement by written agreement of the Parties.

15.8. Joint and Several Obligation. If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several.

15.9. Captions. The section and paragraph captions used in this Lease are for the convenience of the Parties. The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease.

15.10. Severability. If any term, covenant, or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law.

15.11. Representations. Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor except those stated in this Lease. This document contains the entire agreement of the Parties. No verbal agreements, representations, warranties, or other understandings affect this Lease. Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant, agreement, or understanding not contained in this Lease.

15.12. Gender and Plurality. In this Lease, words importing any gender include any or all genders, and the singular number includes the plural whenever the context so requires.

15.13. Survival of Certain Covenants. All covenants pertaining to bond, insurance, indemnification, restoration obligations, breach or remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease.

15.14. Counterparts. This agreement may be executed in any number of counterparts and by different Parties in separate counterparts.

15.15. Delegation of Authority. Lessor and Lessee acknowledge that Lessor as defined herein includes the Commission Members, their alternates or designees, Packet Pg. 88
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

and the staff of the Commission. The ability of staff of the Commission to give consent, or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff. All other powers are reserved to the Commission.

15.16. Successors. The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties.

[Remainder of the page left intentionally blank.]

Packet Pg. 89
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NUMBER: 7875
This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and Lessee. The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.

LESSEE: CITY OF REDDING

By: _____________________________

Title: ___________________________ __

Date: ____________________________

LESSOR: STATE OF CALIFORNIA

STATE LANDS COMMISSION

By: _________________________ ____
Robert Brian Bugsch
Title: Chief, Land Management___

Date: ____________________________

Execution of this document was authorized by the California State Lands Commission on _______________________________.

ATTACH ACKNOWLEDGMENT

Packet Pg. 90
Attachment: State of California Lease 7875 (4.11(b)--Approve CA State Lands Commission Lease Lake Redding Bridge and Diestelhorst Bridge)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize and approve the following:
(1) Approve an Agreement to Provide Reimbursement with Ridgeline Builders Group Inc., a Nevada Corporation, for design and construction of a sanitary sewer mainline to City of Redding construction standards for a not-to-exceed price of $93,300; and (2) Find that the project is categorically exempt from environmental review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 - Existing Facilities and Section 15303 - New Construction or Conversion of Small Structures.

Fiscal Impact

The City of Redding’s (City) Wastewater Utility Division has sufficient funds available in the approved Fiscal Year 2024 -25 budget for th e A greement to Provide Reimbursement (Agreement).

Alternative Action

The City Council (Co uncil) could choose not to approve the agreement and provide an alternative direction to staff.

Background/Analysis

Two lots at 525 and 575 North Boulder Drive were recently purchased with the intent of constructing two single -family residences. The Cit y’s sanitary sewer service is not readily accessible for these parcels to develop. The owner is requesting to extend the City’s sewer mainline to serve these parcels. Currently, there is a substandard sewer line, which is not owned by the City that serves two existing homes on this street. This existing line does not meet the Redding Municipal Code (RMC) 14.16.310. The owner’s request would eliminate the substandard pipe and replace it with a public mainline that would meet City construction standards and p rovide adequate sewer service for each of the parcels, including the existing homes.

MEETING DATE: April 15, 2025
ITEM NO. 4.11(c)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.11(c)--Approve Reimbursement Agreement with Ridgeline Builders Michael Webb, Public Works
Director
Packet Pg. 91
Report to Redding City Council April 10, 2025
Re: 4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders Page 2

City staff recommends the construction of this to City standards in order to serve the parcels and to provide sewer service connections to other parcels on the street wh ere City sewer connections are not available in accordance with RMC 14.16.370. The City will reimburse the developer for the construction of this portion of the sewer line. The developer will also construct additional sewer infrastructure to serve their de velopment that will not be reimbursed by the City.

The new sewer line will include proper public service easements for future maintenance. The cost of the agreement includes engineering design and construction of the new sewer line.

Environmental Review

Staff has reviewed the project and determined that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 - Existing Facilities and Section 15303 - New Construction or Conversion of Small Structures.

Class 1 exemptions include minor alteration of existing public facilities and equipment. Class 3 exemptions include the construction of new small facilities or structures, and installation of new equipment. The project will result in negligible or no expansion of use, and a limited amount of new equipment and structures will be constructed. The project has been reviewed for sensitive resources and will not have a significant effect on biological or cultural resources such as threat ened or endangered species or their habitats, sensitive vegetation communities, tribal lands, or tribal cultural resources. The project has no potential to have a significant effect on the environment.

Council Priority/City Manager Goals

• This agenda item is a routine operational item.

Attachments
^Location Map
Agreement
NOE Wastewater Reimbursement Agreement
Packet Pg. 92

CITY OF REDDING

PUBLIC WORKS

DEPARTMENT

EXHIBIT C
525 & 575 N. BOULDER DRIVE

LOCATION MAP

BOULDER CREEK RV
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Attachment: ^Location Map (4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders)

AGREEMENT TO PROVIDE

REIMBURSEMENT FOR

THE CONSTRUCTION OF WASTEWATER PIPE

AND MANHOLE FOR CITY ACCEPTANCE

THIS REIMBURSEMENT AGREEMENT is made and entered into by and between Ridgeline Builders Group Inc., a Nevada Corporation ; hereinafter referred to as “Developer” and the CITY OF REDDING, a Municipal Corporation, hereinafter referred to as “City”:

WHEREAS, the City installs and maintains the wastewater collection system within the incorporated areas of the City; and
WHEREAS, the Developer is replacing a private sewer main for public use; and WHEREAS, the Developer has requested that the City reimburse construction costs for the sewer main, designed to meet capacity requirements for the surrounding parcels inside the incorporated area of the City; and
WHEREAS, Redding Municipal Code Section 14.16.370 generally provides that, the City Council may authorize contribution to the construction of oversized systems for the circum stances of serving areas not yet served; and
WHEREAS, the City has estimated that the cost to design and construct the sewer main for the proposed project is $93,300.00 (the “Estimated Project Cost”), defined herein as the cost of full build-out set forth in Exhibit A, attached and incorporated herein.

NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:

SECTION 1. DEVELOPER

The names, addresses, and descriptions of the person or persons herein collectively referred to as “Developer” are as follows:

Name Address
Brian Walker (CEO) 18631 Lloyd Lane, Suite 202
Ridgeline Builders Group Inc. Anderson, CA 96007

SECTION 2. INSTALLATION OF FACILITIES

A. Developer agrees to construct a sanitary sewer main to serve North Boulder Drive to city construction standards (hereinafter referred to as the “ Project”) in order to accommodate wastewater flow for the development and adjacent properties . The location of the Project; 501 Twin View Boulevard (APN 116-040-002), owned by the Boulder Creek RV Resort; is shown on the location map as Exhibit C attached hereto and made a part hereof.

B. The Work shall be performed strictly in accordance with development plans that have Packet Pg. 94
Attachment: Agreement (4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders) ~ 2 ~

been prepared by Whitson Engineering, civil engineers (“Designer”) at the direction of the Developer based on the City of Redding Construction Standards and reviewed and approved by the City’s Public Works Engineering Division (the “Final Plans”) incorporated herein by reference. The Work shall be s ubject to inspection by and approval of the City’s Public Works Engineering Division for conformance with the Final Plans and sound construction practices. If the Construction/Inspection Management Division of the City’s Public Works Engineering Division, in its judgment, determines that any Work is not in substantial conformity with the Final Plans and City of Redding Construction Standards or are not otherwise in substantial conformity with sound building practices, the City shall have the right to order a correction to the W ork by written notice to the Developer, with said work to be accomplished at the sole cost and expense of Developer. All changes made to the Final Plans must be approved by the City with prior written consent.

SECTION 3. DEVELOPERS REQUEST FOR REIMBURSEMENT

A. City shall reimburse Developer for the actual costs of the design, materials and labor at prevailing wage rate in an amount not to exceed ninety- three thousand three hundred dollars ($ 93,300.00), as represented by the totals of Exhibits A and B incorporated herein by this reference. An additional seven thousand six hundred dollars ($7,600.00), approximately ten percent (10%) of the construction estimate, is included as a construction contingency.

B. The Developer agrees that, promptly upon completion of construction of Project and acceptance of the same by the City, Developer will, at its own expense, furnish to the City’s Public Works Engineering Division a reasonably detailed statement of the actual construction costs including paid invoices not to exceed the total amount referenced in part A of this section. Developer assumes all risk of, and City shall not be obligated to contribute towards, any expense incurred by Developer to complete the work that is in excess of the amount set forth herein.

C. In the event that Developer does not submit paid invoices to the City within one (1) year of acceptance of completed construction, City shall have no obligation to make payment for Developer's work.

D. If City does not reimburse Developer within ninety (90) days of the reimbursement request City shall pay Developer interest in the amount of five percent (5%) annually on the outstanding balance compounded on a monthly basis.

SECTION 4. MISCELLANEOUS PROVISIONS

A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Agreement on behalf of the respective parties to this Agreement; that they have full right, power and lawful authority to undertake all obligations as provided in this Agreement; and that the execution, performance and delivery of this Agreement by said signatories has been fully authorized by all Packet Pg. 95
Attachment: Agreement (4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders) ~ 3 ~

requisite actions on the part of the respective parties to this Agreement.

B. This Agreement has the same force and effect as any deed covenant running with the land and shall benefit and bind all owners of the property present and future, and their heirs, successors and assigns.

C. The City may terminate this Reimburse ment Agreement with cause upon ten (10) calendar days' notice to Developer.

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

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

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

G. Developer shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this agreement and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to any authorized representative of City. Developer shall retain such records for three (3) years after the expiration of this Agreement, unless prior permission to destroy them is granted by City.

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

SECTION 5. INSURANCE

The obligations to the City required of Developer in Section 8 relating to insurance may be satisfied by Developer’s authorized subcontractor if the obligations set forth in Section 8 are met by the Developer’s subcontractor. Only in such event shall Developer be relieved of the obligations set Packet Pg. 96
Attachment: Agreement (4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders) ~ 4 ~

forth in Section 1.

A. Developer shall maintain the following noted insurance during the duration of the Contract:

Coverage Required Not Required
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers’ Compensation and Employers’ Liability X
Professional Liability (Errors and Omissions) X
(Place an “x” in the appropriate box)

B. Coverage shall be at least as broad as:

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

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

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

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

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

C. Any deductibles or self-insured retentions must be declared to and approved by City, which approval shall not be unreasonably withheld, conditioned or delayed.

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

1. City, its elected officials, officers, employees, and agents are to be covered as Packet Pg. 97
Attachment: Agreement (4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders) ~ 5 ~

additional insured as respects liability arising out of work or operations performed by or on behalf of Developer ; premises owned, leased or used by Developer; or automobiles owned, leased, hired or borrowed by Developer.

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

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

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

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

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

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

G. The requirements as to the types and limits of insurance coverage to be m aintained by Contractor as required by Section 8 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Construction Contract, including, without limitation, provisions concerning indemnification.

H. If any policy of insurance required by this Section is a “claims made” policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Developer shall keep said insurance in effect for a period of eighteen (18) months after the completion Packet Pg. 98
Attachment: Agreement (4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders) ~ 6 ~

of the Work.

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

SECTION 6. INDEMNIFICATION AND HOLD HARMLESS

A. Consistent with California Civil Code § 2778, Developer shall cause the Construction Contract to include provisions that require the Contractor, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney’s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Contractor, its officers, employees or agents in the performance of the Work, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

B. The Contractor’s obligation to defend, indemnify and hold harmless shall not be excused because of the Contractor’s inability to evaluate liability. The Construction Contract shall provide that Contractor shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Contractor fails to accept or reject a tender of defense and indemnity in writing delivered by City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Contractor accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Developer or Contractor herein.

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 Contractor.

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

Packet Pg. 99
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SECTION 7. PREVAILING WAGE LAW COMPLIANCE

A. Pursuant to Section 1781 of the Labor Code, Developer is advised that the work contemplated in this contract related to construction is subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Developer 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 s. Receipt of certified payroll records is a prerequisite to receiving payment.

B. No Contractor, sub-contractor, or consultant 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, sub-contractor, or consultant 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, sub- contractors, or consultants must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Developer is further advised that the work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Packet Pg. 100
Attachment: Agreement (4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders) Packet Pg. 101
Attachment: Agreement (4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders) Packet Pg. 102
Attachment: NOE Wastewater Reimbursement Agreement (4.11(c)--Approve Agreement for Reimbursement with Ridgeline Builders)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize and approve the following relative to the South Street Water Main at Railroad Emergency Replacement Project (Project):
(1) Accept update regarding the Project; and
(2) Pursuant to Public Contract Code Section 22050 (c)(1), make a determination by a four - fifths vote that there is a need to continue the emergency work.

Fiscal Impact

The South Street Water Main at Railroad Emergency Replacement Project (Project) will be funded by the City of Redding’s Water Utility. The updated estimated total project cost of the repairs is $1,380,000. The Water Utility Division’s Fiscal Year 2024-2025 Budget has sufficient funds appropriated to complete the project.

Alternative Action

The City Council (Council) may choose not to a ccept the project status report and provide further direction to staff.

Background/Analysis

On February 4, 2025 , Council adopted an emergency resolution for the project and authorized the negotiation of emergency contracts. The project proposes to replace and relocate the failed section of 12 -inch, cast-iron water main and corrugated steel pipe casing in South Street that is beneath the U nion Pacific Railroad (UPRR) tracks by jack and boring a new steel pipe casing and installing a 16-inch, ductile iron pipe. Work also includes water main tie-in fittings, isolation valves, asphalt concrete pavement, curb, gutter, sidewalk and other miscellaneous items.

Staff solicited RTA Construction, Inc. (RTA) for the construction of the project based on their MEETING DATE: April 15, 2025
ITEM NO. 4.11(d)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.11(d)--Update for the Emergency Work for the South Street Water Main at Railroad Emergency Replacement Project.

Michael Webb, Public Works
Director
Packet Pg. 103
Report to Redding City Council April 10, 2025
Re: 4.11(d)--Update for Emergency Repair to South Street Water Main ER Project Page 2

technical knowledge of utility construction and previous performance on projects of similar size and scope. Staff has coordinated and negotiated the construction costs and has issued a construction contract to RTA. Construction started on April 8, 2025 and is exp ected to be completed by June 4, 2025.

Environmental Review

This action is not a project as defined by the California Environmental Quality Act (CEQA) and no further action is required. On February 4, 2025 , the Council determined that the project is statutorily exempt from environmental review under the CEQA Guidelines, per Section 15269(b)-Emergency Projects.

Council Priority/City Manager Goals

• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding”

Attachments
Previous Staff Report
Packet Pg. 104

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize the following actions relative to the South Street Water Main at Railroad E mergency Replacement Project (Project):
(1) Adopt Resolution, by not less than four -fifths affirmative vote, authorizing the C ity Manager to negotiate and award an emergency public works contract for the project in an amount not to exceed $630,000;
(2) Authorize the City Manager, or designee, to approve construction contingency amounts up to a total of $180,000;
(3) Approve $95,000 to cover costs for project development costs; (4) Approve $135,000 to cover costs for construction management and inspection fees; and (5) Find that the Project is exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15269(b) – Emergency Projects.

Fiscal Impact

The South St reet Water Main at Railroad Emergency Replacement Project (Project) is being funded by the City of Redding’s (City) Water Utility. The Water Utility’s Fiscal Year 2024-2025 budget has sufficient funds appropriated to complete the project. The following table provides a summary of estimated costs for the project:

Cost Summary
Item Estimated Cost
Project Development Costs $95,000
Construction Contract + Contingency $810,000
Contract Administration, Inspection, Testing $135,000

Total Project Costs $1,040,000

MEETING DATE: February 4, 2025
ITEM NO. 9.11(g)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 9.11(g)--Consider declaring an emergency for the South Street Water Main at Railroad Emergency Replacement Project.

Michael Webb, Public Works
Director

APPROVED
Packet Pg. 105
Attachment: Previous Staff Report (4.11(d)--Update for Emergency Repair to South Street Water Main ER Project) Report to Redding City Council January 29, 2025
Re: 9.11(g)--Declare Emergency for the South Street Water Main ER Project Page 2

Project cost components are estimates and some shifting of the project development, construction management, and construction contingency funds may be necessary to balance t he project within the approved budget.

Alternative Action

The City Council (Council) may choose not to authorize the award of an emergency contract, and instead have staff prepare plans and specifications to award a contract to the low bidder in accordance with state and local contracting procedures . This would result in the broken water main remaining out of service through the summer of 2025 and during peak water demands which could significantly reduce reliability of the water system for City customers and fire flows in the area. Or, the Council could provide alterative direction to staff.

Background/Analysis

On December 9, 2024, a 12-inch, cast-iron, water main in South Street broke beneath the Union Pacific Railroad (UPRR) tracks. The corrugated s teel casing under the UPRR tracks that surrounds the water main also broke, resulting in erosion and voids beneath the railroad tracks.

City crews quickly made temporary repairs to close water valves and isolate the broken section of water main . They also backfilled voids in the soil caused by the break and coordinat ed with UPRR for repair of the railroad tracks in the area . The railroad tracks were quickly restored to normal operation , but because the pipeline break was beneath the tracks and the steel cas ing failed, City crews were unable to repair the water main and this segment of piping remains out of service.

Since both the water main and the casing failed beneath the railroad tracks, simply pulling a new pipe through the existing casing is not feas ible. To adequately repair this main, s taff intends to design for a jack and bore installation of a new steel casing and ductile iron water main , sized to convey peak flows in accordance with the City’s design standards, across the UPRR right-of-way for connection to the existing main piping on both sides.

Computer modeling of the City’s water system indicates that t here should not be issue s with the South Street water main remaining out of service through the winter and early spring, when water demands ar e relatively low. However, during the summer months and peak water demands, this main conveys significant flows eastward and its outage would have substantial impacts. If it remains out of service through the summer then peak flows would need to be conveyed through alternate routes and water mains, which w ill increase flow velocities, stress, and potential for surges and damage to other aging water mains in the downtown area.

If the South Street main remains out of service through the summer months, then there are several areas where increased flow velocities and potential for further pipeline damage are a concern. One , in particular , is another 12-inch water main crossing the UPRR tracks along Shasta Street, approximately one-half-mile north of the South Street water main break. The Shasta Street water main was installed in 1958 and is a cast iron pipe, similar to the South Street main that broke. The City has plans to replace the Shasta Street main with a separate capital improvement project in the near future because of concerns with its reliability. Recently, on June 19, 2024, it also had a break, just three blocks west of its railroad crossing. With the South Street water main out of service, flow s through the Shasta Street main would increase to veloci ties above the maximum allowed by many agencies and recommended maximum in the City’s Water Master Plan. The increased flow velocities would lead to additional stress and potential for surges in the Shasta Street main that will increase the risk of additional failures.

APPROVED
Packet Pg. 106
Attachment: Previous Staff Report (4.11(d)--Update for Emergency Repair to South Street Water Main ER Project) Report to Redding City Council January 29, 2025
Re: 9.11(g)--Declare Emergency for the South Street Water Main ER Project Page 3

The South Street water main provides critical redundancy for the Shasta Street main and other water mains in the area. While the South Street main remains out of service, this critical redundancy is not available. The lack of redundancy, combined with the increased velocities and stress to other aging mains where there are already concerns of reliability, including in Shasta Street, put the City at a much higher risk for additional water main failures that would have major impacts on the water system.

To provide necessary redundancy in the water system and mitigate the risks of additional pipeline breaks, disruptions in service, potential damage to infrastructure and property, and a loss of available storage and fire flow, staff recommends that the South Street Main be repaired as soon as possible and before the high water demands in the summer of 2025. Staff has considered proceeding with typical design and bid process for a capital improvement project ; however, this process would likely require a minimum of seven months in order to prepare the bid package , obtain UPRR permits, advertise for bids, and award a contract for construction. At that point, the contractor would still need to order and procure materials, which would result in the construction work not starting until late 2025. This timeline is substandard and the repairs would not be completed prior to the high impact and risk period during the summer.

The broken water main presents potential impacts to public health , property and safety.

Therefore, staff proposes an emergency contract to repair and replace the broken water main in South Street beneath the UPRR crossing. If approved, s taff estimates the construction will be complete in May 2025, before the high water demands in the summer and greatest risks occur.

It is noted that the Public Contract Code (PCC) (Section 20168) provides that the local government’s legislative body may pass a resolution by a four -fifths vote of its members declaring that the public interest and neces sity demand the immediate expenditure of public money to safeguard life, health and property. Further, the P CC (Section 22050) provides that “in case of emergency, a public agency, pursuant to a four -fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts.”

It is in the public’s interest and necessity to repair the broken water main in South Street to ensure reliability of the water system, protection of property and the public’s health and safety.

The attached Resolution has been approved as to form by the City Attorney.

Environmental Review

Staff has determined that the project is exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15269(b) – Emergency Projects. Section 15269(b) includes emergency repairs to publicly and privately -owned s ervice facilities necessary to maintain service essential to the public health, safety, or welfare. The emergency repair and replacement will occur in areas of previous disturbance, and the repairs are necessary to maintain service essential to public health.

Council Priority/City Manager Goals

• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”

APPROVED
Packet Pg. 107
Attachment: Previous Staff Report (4.11(d)--Update for Emergency Repair to South Street Water Main ER Project) Report to Redding City Council January 29, 2025
Re: 9.11(g)--Declare Emergency for the South Street Water Main ER Project Page 4

Attachments
^Resolution
^Location Map
^Notice of Exemption

APPROVED
Packet Pg. 108
Attachment: Previous Staff Report (4.11(d)--Update for Emergency Repair to South Street Water Main ER Project) RESOLUTION NO. 2025-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

REDDING TO DECLARE AN EMERGNCY AND AUTHORIZE THE

CITY MANAGER TO AWARD EMERGENCY CONTRACTS FOR THE

SOUTH STREET WATER MAIN AT RAILROAD EMERGEN CY

REPLACEMENT PROJECT

WHEREAS, Public Contract Code section 22050 and Redding Municipal Code 4.22.120(A ) provide that, in the case of emergency, a public agency may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procur e the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts; and

WHEREAS, on December 9, 2024, a 12-inch water main in South Street broke beneath the Union Pacific Railroad (UPRR) tracks; and

WHEREAS, City crews isolated the broken segment of piping but are unable to repair it , due to its location under the UPRR tracks, and the pipe remains out of service; and

WHEREAS, proper water infrastructure is critical for public health, safety, and fire protection; and

WHEREAS, if not repaired before high water demands during the summer months, there will be a lack of redundancy in the water system that will result in higher flow velocities, stress, and potential for surges in other water mains, increasing potential for additional pipeline failures; and

WHEREAS, additional pipeline failures would result in disruptions in service, potential damage to associated public and adjacent private infrastructure , and a significant decrease in available water storage and fire flows; and

WHEREAS, a competitive solicitation for bids is anticipated to require at least seven (7) months to design, advertise for bids, and award a contract for construction, after which construction would not occur until the autumn of 2025, failing to complete the necessary repairs until after the summer and highest risk period for additional pipeline damage or failures, water pressure los ses, and deficient fire flows; and

WHEREAS, continued outage of the water main will significantly reduce the reliability of water systems to provide adequate pressures and fire flows, which threatens the safety of the public and properties in the downtown area; and

WHEREAS, the continued isolation and outage of the broken water main in South Street to accommodate the delay necessary for the competitive bidding process would not mitigate or eliminate the threat to persons and property;

APPROVED
Packet Pg. 109
Attachment: Previous Staff Report (4.11(d)--Update for Emergency Repair to South Street Water Main ER Project) NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council of the City of Redding finds that the recitals set forth above are true and correct and are hereby adopted as findings of fact.

2. The public interest and necessity require the immediate expenditure of public money to restore the water conveyance system to full capacity, protect the public heal th, safety and welfare, and prevent further damage to the water system.

3. The City Council of the City of Redding therefore declares an emergency and authorizes the City Manager to award emergency contracts to repair the broken water main in South Street at the UPRR crossing.

4. The action authorized herein shall be reviewed by the City Council at all regular meetings of the Council until such time as the City Council determines that the emergency is abated.

I HEREBY CE RTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 4th day of February, 202 5, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

____________________________________
JACK MUNNS, Mayor

ATTEST: FORM APPROVED:

________________________________ ____________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney

APPROVED
Packet Pg. 110
Attachment: Previous Staff Report (4.11(d)--Update for Emergency Repair to South Street Water Main ER Project)

APPROVED
Packet Pg. 111
Attachment: Previous Staff Report (4.11(d)--Update for Emergency Repair to South Street Water Main ER Project)

APPROVED
Packet Pg. 112
Attachment: Previous Staff Report (4.11(d)--Update for Emergency Repair to South Street Water Main ER Project)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Adopt Resolution proclaiming Sunday, April 20 , 2025, through Saturday, April 26, 2025 , as Volunteer Appreciation Week in the City of Redding (City), in recognition of Volunteers contributing over 32,357 hours of service to the Cit y in calendar year 2024, and providing an approximate economic value of over $1,083,600.

Fiscal Impact

There is no fiscal impact.

Alternative Action

The City Council could decline to adopt the resolution or provide staff with alternate direction.

Background/Analysis

National Volunteer We ek is an annual celebration observed in many countries and first established in the United States by President Richard Nixon in 1974. For 2025, the Points of Light Foundation has proclaimed Sunday, April 20 through Saturday, April 26, 2025, as National Volunteer Week in the United States in recognition and celebration of the efforts of volunteers who lend their time, talent and voice to make a difference in their communities.

The City of Redding (City) Volunteer Program began in 1988 in the Police Depart ment and has since expanded to serve all departments. This program assists City departments in identifying and creating meaningful volunteer opportunities for citizens, which enhance their understanding of the local government and assist departments in the ir operations to broaden and enhance services and programs provided by the City.

MEETING DATE: April 15, 2025
ITEM NO. 4.15(a)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.15(a)--Volunteer Appreciation Week
Kari Kibler, Personnel
Director
Packet Pg. 113
Report to Redding City Council April 8, 2025
Re: 4.15(a)--Volunteer Appreciation Week Page 2

For calendar year 2024, the City’s Volunteer Program participants contributed an impressive 32,357 hours of service to the City. Using the national estimated value of volun teer time established by Independent Sector ( https://independentsector.org/resource/value-of-volunteer- time/), the estimated value of participants’ time donated through the Volunteer Program is over $1,083,600 dollars.

If adopted, the resolution would proclaim Sunday, April 20 through Saturday, April 26, 2025 , as Volunteer Appreciation Week in the City. City volunteers have contributed their time and efforts to areas incl uding our parks, library, student and adult tutoring, recreational programs, events, Police, Fire and other City departments. The City collaborates with volunteers from various organizations within our community. We would like to thank and show appreciatio n for the contributions of all our volunteers who have helped to enhance the quality of life in our community and make the City of Redding a community of choice.

Environmental Review

This is not a project defined under California Environmental Quality A ct CEQA, and no further action is required

Council Priority/City Manager Goals

• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”

Attachments
^Resolution
Packet Pg. 114
RESOLUTION NO. 2025-__

A RESOLUTION OF THE REDDING CITY COUNCIL DECLARING
APRIL 20 THROUGH APRIL 26, 2025, AS VOLUNTEER APPRECIATION WEEK

WHEREAS, in 1974 President Richard Nixon signed Presidential Proclamation 4288 through executive order recognizing National Volunteer Week; and

WHEREAS, National Volunteer Week is now observed throughout the nation and the world; and

WHEREAS, the Points of Light Foundation has established April 2 0 through April 26, 2025, as National Volunteer Week in the United States for 2025; and

WHEREAS, the City of Redding’s Volunteer Program provides citizens opportunities to enhance their understanding of local government and assist departments in their operations to broaden and enhance services and programs provided by the City; and

WHEREAS, City of Redding Volunteers contributed over 32,357 hours of service to the City of Redding in calendar year 2024, providing an approximate economic value of over $1,083,600.00; and

WHEREAS, the Redding City Council wishes to thank and show appreciation for the contributions of all City of Redding volunteers who have helped to enhance the quality of life in our community and make the City of Redding a community of choice;

NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby proclaims April 2 0 through April 26, 2025, as Volunteer Appreciation Week in the City of Redding, otherwise known as National Volunteer Week.

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 15th day of April, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________________
JACK MUNNS, Mayor

ATTEST: FORM APPROVED:

________________________________ ___________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney

Packet Pg. 115
Attachment: ^Resolution (4.15(a)--Volunteer Appreciation Week)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Approve Mayor’s recommendation to: (1) appoint Blake Nance to the Planning Commission to serve a four-year term effective May 1, 2025, through April 30, 2029; and (2) appoint Erin Ryan to serve a four-year term effective May 1, 2025, through April 30, 2029.

Fiscal Impact

There is no impact to the General Fund.

Alternative Action

The City Council (Council) could choose not to approve the Mayor’s recommendation.

Background/Analysis

The City of Redding (City) Planning Commission addresses land use issues (zoning, General Plan amendments, etc.) that cannot be resolved at the administrative level or by the Board of Administrative Review. The Planning Commission is responsible for investigating and making recommendations to the Council on General Plan amendm ents, as well as providing annual reports on the status of the General Plan and its implementation progress.

In addition, the Planning Commission can review and approve or deny site development permits, use permits, variances, tentative subdivision maps, vesting tentative maps, extensions of time, and appeals of decisions/interpretations of the Director of Development Services and Board of Administrative Review. Members are residents of the City, employed within the City, and own a business located within the City. Members can serve two consecutive, full, four-year terms.

Planning Commissioner Brandi Greene filled an unexpired term through April 30, 2025, creating one scheduled vacancy. Blake Nance has expressed interest in serving on the Planning Commission. If approved, his first full term will be May 1, 2025, through April 30, 2029.

MEETING DATE: April 15, 2025
ITEM NO. 5.1
FROM:

***APPROVED BY***
[email protected]

[email protected]
SUBJECT: 5.1--Consider Mayor's appointments to the City of Redding Planning Commission.

Jack Munns, Mayor
Packet Pg. 116
Report to Redding City Council April 8, 2025
Re: 5.1--Appointments to Planning Commission Page 2

Planning Commissioner Aaron Hatch’s first full term expires on April 30, 202 5, creating one scheduled vacancy. Erin Ryan has expressed interest in serving on the Planning Commission. If approved, her first full term will be May 1, 2025, through April 30, 2029.

Council Priority/City Manager Goals

• This agenda item is a routine operational item.

Attachments
^Blake Nance Application
^Blake Nance biography
^Erin Ryan Application
Packet Pg. 117
Boards, Commissions,
and Committees
City of Redding City Clerks Office
777 Cypress Ave., 3rd Floor, Redding, Ca 96001
phone: 530.225.4447 | email: [email protected] Board, Commission, and Committee Application
Please note that applications are accepted continuously and will be kept on file for two years. Submitting an application does not ensure that you will be selected. As vacancies and openings occur, applications will be reviewed to fill openings as needed. Your name, occupation, business contact information, statement of qualifications, and reasons for service may be publicly released without your consent upon appointment to a Board, Commission, or Committee.

Yes Yes YesNo No No
❒ Administrative He arings Bo ard
❒ Building Code Bo ard of Ap peals
❒ Community De velopment Ad visory Com mittee
❒ Community Se rvices Ad visory Co mmittee
❒ Economic Development Cor p of Sh asta Cou nty
❒ Shasta County Co nsolidated Ov ersight Bo ard
❒ Planning Commission
❒ Shasta County Co mmission on Ag ing
❒ Shasta Mosquito & Ve ctor Co ntrol Di strict
❒ Shasta Public Li brary Ci tizens Ad visory Co .

Are you a Redding Resident? Do you w ork in Redding? Do you own a business in Redding? Full Name:

Phone #:

Business Phone:

Please indicate which Board, Commission, or Committee you would like to apply for.

Please number by order of interest. If you have no interest, please mark “0” .

Home Addr ess:

Name of Business/Employ er:

Occupation:

Business Addr ess:

Date:

Email:

Business Ema il:

Packet Pg. 118
Attachment: ^Blake Nance Application (5.1--Appointments to Planning Commission) Boards, Commissions,
and Committees
Interests & Experiences
High School, College, Professional, Vocational, or Other Schools Attended. Please include Major or Field of Study, Dates Attended, Degree and Date of Degree.

List any position or office held in governmental agency, civic, or charitable organization. (This is not a requirement for appointment.)
Please state why you want to become a member of this Board, Commission, or Committee.

Please provide any other information which you feel would be useful in reviewing your application State and local law require that you abstain from participation in decisions that may affect your financial interests, including sources of income, interest in real property, personal finances or investments. In addition, if appointed, you may be required to fill out a disclosure statement which identifies certain of your financial interest beginning with the immediate twelve-month period prior to your appointment.

City of Redding City Clerks Office
777 Cypress Ave., 3rd Floor, Redding, Ca 96001
phone: 530.225.4447 | email: [email protected] Packet Pg. 119
Attachment: ^Blake Nance Application (5.1--Appointments to Planning Commission) Boards, Commissions,
and Committees
City of Redding City Clerks Office
777 Cypress Ave., 3rd Floor, Redding, Ca 96001
phone: 530.225.4447 | email: [email protected] Reference 1 Name:

Reference 2 Name:

Reference 1 Phone or Email:

Reference 2 Phone or Email:

References
Verification
Yes
Yes
No
No
If applicable, have you ever attended a meeting of the Board, Commission or Committee to which you are applying for?
Would you be able to attend meetings at the scheduled time? By checking the box below, you agree with the following statement.

I agree that all of the information contained in my responses to the questions on this application are true and accurate to the best of my knowledge. I further agree that, by checking the box below and submitting this application, online or otherwise, I am affixing my digital signature to this form as of the date submitted.

I Agree
Thank you for your application! You will be notified if there is a vacancy/opening and you have been selected to serve. Please attach a resume, if applicable, to this application and submit via email to:

[email protected].

Packet Pg. 120
Attachment: ^Blake Nance Application (5.1--Appointments to Planning Commission) BLAKE NANCE -PROFESSIONAL BIOGRAPHY- CITY OF REDDING - PLANNING COMMISSION APPLICATION MARCH 20, 2025 Collectively, Blake offers over 30 years of professional experience in a variety of working environments,

both

domestically

and

abroad.

He

has

worked

and

held

leadership

positions

in

the

US

Marine

Corps,

a

private

sector

start-up

that

went

national,

an

international

non-profit,

municipal

government,

along

with

co-founding/owning

a

consulting

company.

His

distinguished

career

includes

service

at

the

Beverly

Hills

Police

Department,

one

of

the

world’s

most

renowned

law

enforcement

agencies,

where

he

rose

to

the

rank

of

Lieutenant.

In

his

role,

Blake

was

a

member

of

the

Chief’s

management

team,

overseeing

a

staff

of

60,

managing

a

$14M

budget,

along

with

planning

and

leading

critical

public

safety

initiatives.

Blake worked on multi-disciplinary planning teams on large scale construction projects to include

a

$20M

road

construction

project

and

a

$1B

dollar

subway

station/tunneling

project. Blake had the privilege of working directly with the Secret Service, FBI and DEA on joint operations

in

the

Los

Angeles

region.

As

a

Lieutenant,

he

played

a

pivotal

role

in

co-designing

traffic

management

and

evacuation

plans

for

Beverly

Hills

to

safeguard

over

10,000

residents

in

wildfire

prone

areas.

He also led and developed public safety strategies and

conducted

intensive

planning

for

high-profile

events

such

as

the

Golden

Globe

Awards,

the

Vanity

Fair

Oscar

Party,

the

LA

Marathon,

and

the

Rodeo

Drive

car

show.

These special
events

involved

months

of

intense

planning,

complying

with

an

array

of

permit

requirements,

preparation

of

Staff

Reports,

along

with

seeking

final

approvals

from

the

Beverly

Hills

City

Council,

the

Police

Department,

the

Fire

Department

and

Building

and

Safety,

helping

to

ensure

the

safest

possible

outcomes.

Blake

continues

to

consult

directly

with

Dick

Clark

Productions

on

the

annual

Golden

Globes

show

and

coordinated

18 permits

on

the

latest

show

with

the

City

of

Beverly

Hills

and

the

City

of

Los

Angeles,

along

with

assisting

key

stakeholders

with

the

overall

public

safety

plan

for

this

live

broadcast

event.

Blake consulted and helped design enhanced public safety measures at the Crypto.com Arena

in

downtown

Los

Angeles

to

include

the

enhancement

and

deployment

of

public

safety

resources

due

to

a

large-scale,

redesigned

public

plaza.

Additionally,

Blake

has

spearheaded

the

development

and

implementation

of

enhanced

safety

measures

using

emerging

technologies

for

other

high-profile

events

to

include

the

Grammy

Awards,

the

Emmy

Awards,

BET

Awards,

along

with

several

outdoor

music

festivals

to

include

the

Electric

Daisy

Carnival

at

the

Las

Vegas

Motor

Speedway.

Blake’s contributions extend beyond law enforcement and consulting. He served in the U.S.

Marine

Corps

as

tactical

operator

with

the

elite

2nd

Force

Recon

Company.

During

a

combat

deployment

to

Mogadishu,

Somalia,

he

safeguarded

U.S.

State

Department

personnel

in

high-risk

environments.

On

a

separate

deployment

to

Africa,

he

was

awarded

the

Navy

and

Packet Pg. 121
Attachment: ^Blake Nance biography (5.1--Appointments to Planning Commission) Marine Corps medal of Heroism for rescuing three men from a burning airplane in Brazziville, Congo.

In the non-profit sector, Blake served in a management position overseeing the safety and maintenance

of

a

50-acre

campus

supporting

teen

girls

rescued

from

human

trafficking.

He

also

worked

on

several

building

expansion

initiatives,

and

on

a

$1M

construction

project

of

a

new

barn

and

horse

corral.

He is deeply committed to humanitarian causes serving vulnerable

populations,

having

served

on

multiple

relief

missions

in

equatorial

Africa

and

Southeast

Asia.

Blake holds a B.S. in Occupational Studies from California State University, Long Beach, and a

Master’s

degree

in

Public

Policy

and

Administration

from

California

Lutheran

University.

His

blend

of

planning

and

operational

experience,

leadership,

and

humanitarian

commitment

exemplifies

a

lifetime

dedication

to

protecting

and

serving

others.

Packet Pg. 122
Attachment: ^Blake Nance biography (5.1--Appointments to Planning Commission) Boards, Commissions,
and Committees
City of Redding City Clerks Office
777 Cypress Ave., 3rd Floor, Redding, Ca 96001
phone: 530.225.4447 | email: [email protected] Board, Commission, and Committee Application
Please note that applications are accepted continuously and will be kept on file for two years. Submitting an application does not ensure that you will be selected. As vacancies and openings occur, applications will be reviewed to fill openings as needed. Your name, occupation, business contact information, statement of qualifications, and reasons for service may be publicly released without your consent upon appointment to a Board, Commission, or Committee.

Yes Yes YesNo No No
❒ Administrative He arings Bo ard
❒ Building Code Bo ard of Ap peals
❒ Community De velopment Ad visory Com mittee
❒ Community Se rvices Ad visory Co mmittee
❒ Economic Development Cor p of Sh asta Cou nty
❒ Shasta County Co nsolidated Ov ersight Bo ard
❒ Planning Commission
❒ Shasta County Co mmission on Ag ing
❒ Shasta Mosquito & Ve ctor Co ntrol Di strict
❒ Shasta Public Li brary Ci tizens Ad visory Co .

Are you a Redding Resident? Do you w ork in Redding? Do you own a business in Redding? Full Name:

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Please indicate which Board, Commission, or Committee you would like to apply for.

Please number by order of interest. If you have no interest, please mark “0” .

Home Addr ess:

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Date:

Email:

Business Ema il:

Packet Pg. 123
Attachment: ^Erin Ryan Application (5.1--Appointments to Planning Commission) Boards, Commissions,
and Committees
Interests & Experiences
High School, College, Professional, Vocational, or Other Schools Attended. Please include Major or Field of Study, Dates Attended, Degree and Date of Degree.

List any position or office held in governmental agency, civic, or charitable organization. (This is not a requirement for appointment.)
Please state why you want to become a member of this Board, Commission, or Committee.

Please provide any other information which you feel would be useful in reviewing your application State and local law require that you abstain from participation in decisions that may affect your financial interests, including sources of income, interest in real property, personal finances or investments. In addition, if appointed, you may be required to fill out a disclosure statement which identifies certain of your financial interest beginning with the immediate twelve-month period prior to your appointment.

City of Redding City Clerks Office
777 Cypress Ave., 3rd Floor, Redding, Ca 96001
phone: 530.225.4447 | email: [email protected] Packet Pg. 124
Attachment: ^Erin Ryan Application (5.1--Appointments to Planning Commission) Boards, Commissions,
and Committees
City of Redding City Clerks Office
777 Cypress Ave., 3rd Floor, Redding, Ca 96001
phone: 530.225.4447 | email: [email protected] Reference 1 Name:

Reference 2 Name:

Reference 1 Phone or Email:

Reference 2 Phone or Email:

References
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Yes
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No
If applicable, have you ever attended a meeting of the Board, Commission or Committee to which you are applying for?
Would you be able to attend meetings at the scheduled time? By checking the box below, you agree with the following statement.

I agree that all of the information contained in my responses to the questions on this application are true and accurate to the best of my knowledge. I further agree that, by checking the box below and submitting this application, online or otherwise, I am affixing my digital signature to this form as of the date submitted.

I Agree
Thank you for your application! You will be notified if there is a vacancy/opening and you have been selected to serve. Please attach a resume, if applicable, to this application and submit via email to:

[email protected].

Packet Pg. 125
Attachment: ^Erin Ryan Application (5.1--Appointments to Planning Commission)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize and approve the following:
(1) Introduce an Uncodified Ordinance for first reading by title only and waive the full reading, adopting the State of California Fire Hazard Severity Zone Map, p ursuant to Government Code 51179.

Fiscal Impact

There are no identified fiscal impacts if an ordinance is adopted.

Alternative Action

The City Council could choose not to adopt the State of California Fire Hazard Severity Zone (FHSZ) Map and provide alternate direction to staff. If the Council does not adopt the FHSZ Map - the City of Redding (City) may be at risk of litigation with the State Attorney General.

Background/Analysis

The Office of the State Fire Marshal (OSFM) released updated Fire Hazard Severity Zone maps for Local Responsibility Areas (LRAs). The update changes the acreage in the two higher hazard tiers, which may require updates to building and local planning requirements for the City.

Amended by Assembly Bil l No. 21 1, Government Code Section 51179, a local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Sectio n 51178. Further, the local agency shall transmit a copy of an ordinance adopted pursuant to the State Board of Forestry and Fire Protection within 30 days of adoption.

MEETING DATE: April 15, 2025
ITEM NO. 9.8(a)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 9.8(a)--Consider an uncodified ordinance adopting the State of California Fire Hazard Severity Zone (FHSZ) Map pursuant to Government Code 51179.

Jerrod Vanlandingham, Fire
Chief
Packet Pg. 126
Report to Redding City Council April 10, 2025
Re: 9.8(a)--Authorize and approve the ordinance adopting the State of California Fire Hazard Severity Zo Page 2

The zones are designated in three categories: moderate, high, and very high. Cal Fi re’s fire scientists and wildfire mitigation experts developed the map using a science -based and field - tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior. Many factors are considered such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for the area.

It should be noted that Fire Hazard Severity Zone maps evaluate “hazard,” not “risk”. They are like flood z one maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can do to the area under existing conditions, accounting for any modific ations such as fuel reduction projects, defensible space, and ignition resistant building construction.

Government Code Section 51179 also requires local jurisdictions to publish and support public comments within 30 -days of receiving the maps. The City h as complied by posting the map on the City website for community members to view and post their comments.

The City’s FHSZ shows impacts to the community in moderate, high, and very high fire severity zones. Previous versions of the FHSZ only identified v ery high severity zones. Overall, the very high severity zone in Redding decreased in size, removing 4,809 primary structures from the zone. However, the very high severity zone added 1,212 new structures that were not included previously. These structures are all in the west side of the City.

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

• Public Safety – "Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." • Budget and Financial Management – "Achieve balanced and stable10 —year Financial Plans for all funds."
• 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
^Ordinance
^Local Responsibility Area Fire Hazard Severity Zones Map 2024 Fire Hazard Severity Zones FAQ's
Packet Pg. 127
ORDINANCE NO. ______

AN UNCODIFIED ORDINANCE OF THE CITY OF REDDING,

CALIFORNIA, TO DESIGNATE FIRE HAZARD SEVERITY ZONES

WHEREAS, the State Legislature, through Government Code section 51178, directed the California Department of Forestry and Fire Protection to map fire hazard throughout the state; and

WHEREAS, the City of Redding, under Government Code section 51179, shall designate, by ordinance, moderate, high, and very high fire hazard severity zones within its jurisdiction within 120 days of receiving recommendations from the State Fire Marshall; and

WHEREAS, the City of Redding rec eived the State Fire Marshall’s fire hazard severity zones recommendations on February 10, 2025;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF REDDING, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

The City of Redding hereby designates the Fi re Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code section 51178.

The map, approved by the City, is hereby incorporated by reference and entitled “City of Redding Fire Hazard Severity Zones,” dated April 15, 2025.

The official map is also located electronically on the City of Redding website.

I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Redding at a regular meeting on the 15th day of April, 2025, and was duly read and adopted at a regular meeting on the ____ day of _________, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________________
JACK MUNNS, Mayor

ATTEST: FORM APPROVED:

________________________________ ___________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 128
Attachment: ^Ordinance (9.8(a)--Authorize and approve the ordinance adopting the State of California Fire Hazard Severity Zo) City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:108,000 at 11" x 17"
0 1 2 3 4 5 6 7 8Km
0 1 2 3 4 5Mi
Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Redding
5 UNINCORPORATED
SHASTA CO.

UNINCORPORATED
SHASTA CO.

S Market St
N
Market St
299
44 273

ANDERSON
SHASTA
LAKE
January 22, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF REDDING – SHASTA COUNTY
Packet Pg. 129
Attachment: ^Local Responsibility Area Fire Hazard Severity Zones Map (9.8(a)--Authorize and approve the ordinance adopting the State of California Fire Hazard Severity Zo) CAL FIRE – December 18, 2024
2024 FAQ Page 1

• What is a “Fire Hazard Severity Zone,” or FHSZ?
o Answer: Public Resource Code 4202; The State Fire Marshal shall classify lands within state responsibility areas into fire hazard severity zones. Each zone shall embrace relatively homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been identified by the department as a major cause of wildfire spread. Government Code 51178; The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

• Why are fire hazard severity maps being updated?
o Answer: The hazard maps are being updated to more accurately reflect the zones in California that are susceptible to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ratings.

• What do Fire Hazard Severity Zones measure?
o Answer: The Fire Hazard Severity Zone map evaluates “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction.

• Where do Fire Hazard Severity Zones apply?
o Answer: Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protection and prevention, called the State Responsibility Area.

More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to add the Moderate and High Fire Hazard Severity Zones with the Very High in local jurisdictions.

• What are the uses of Fire Hazard Severity Zones?
o Answer: The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are F

REQUENTLY
A
SKED
Q

UESTIONS
A
BOUT
:

202
4 Fire Hazard Severity Zon
es

F
ire Hazard Severity Zones Explained

Packet Pg. 130
Attachment: 2024 Fire Hazard Severity Zones FAQ's (9.8(a)--Authorize and approve the ordinance adopting the State of California Fire Hazard CAL FIRE – December 18, 2024
2024 FAQ Page 2
required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan.

• Is there an easy way to determine the Fire Hazard Severity Zone of my property? o Answer: You can search by address to find your current designation on the web at:
osfm.fire.ca.gov/FHSZ

• What are the key elements of the Fire Hazard Severity Zone model? o Answer: The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather conditions.

The zones reflect areas that have similar burn probabilities and fire behavior characteristics. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather , and potential fuel over a 50-year period.

Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. FHSZs are not a structure loss model, as key information regarding structure ignition (such as roof type, etc.) is not included.

• How do the Fire Hazard Severity Zone Maps differ from California Public Utilities Commission (CPUC) High Fire Threat District Maps?
o Answer: The California Public Utilities Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for identifying areas where there is an increased risk for utility associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel conditions, and scores areas based on where fires start, as opposed to where potential fires may cause impacts.

• Why is my property in a different zone than the adjacent area, which looks similar? o Answer: In non-wildland areas, zone edges occur based on distance to the wildland edge.

Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegetation type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases.

In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel potential. Zone boundaries divide zones based on geographic and vegetation features that align with fire hazard potential; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classification.

Data Related Questions

• How are Fire Hazard Severity Zones determined?
o Answer: CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of Packet Pg. 131
Attachment: 2024 Fire Hazard Severity Zones FAQ's (9.8(a)--Authorize and approve the ordinance adopting the State of California Fire Hazard CAL FIRE – December 18, 2024
2024 FAQ Page 3
the area burning and potential fire behavior in the area. Many factors were included such as fire history, vegetation, flame length, blowing embers, proximity to wildland, terrain, and weather.

• What new data will be included in the new model, and how does this differ from the previous model?
o Answer: A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given location, considering temperature, humidity, and wind speed. In addition, ember transport is being modeled based on local distributions of observed wind speed and direction values instead of using a generic buffer distance for urban areas adjacent to wildlands.

• What is the difference between the various Fire Hazard Severity Zones? o Answer: Classification of a wildland zone as Moderate, High or Very High fire hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a function of modeled flame length under the worst conditions and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes. Classification outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings.

• Why does the model place an emphasis on the spread of embers? o Answer: Embers spread wildfire because they can travel long distances in the wind and ignite vegetation, roofs, attics (by getting into vents), and decks.

State Regulated Area Questions

• When were the maps last updated?
o Answer: The Office of the State Fire Marshal began the regulatory process for the State Responsibility Area (SRA) in December 2022, the final maps were adopted on January 31, 2024, and became effective April 1, 2024.

• What is “State Responsibility Area," or SRA?
o Answer: SRA is a legal term defining the area where the state has financial responsibility for wildland fire protection and prevention. Incorporated cities and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire prevention and suppression.

There are more than 31 million acres in SRA, with an estimated 1.7 million people and 800,000 existing homes.

• How is state responsibility area determined?
o Answer: The Board of Forestry and Fire Protection (Board) classifies land as State Responsibility Area. The legal definition of SRA is found in the Public Resources Code Section 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automatically, the Board typically reviews changes every five years.

Packet Pg. 132
Attachment: 2024 Fire Hazard Severity Zones FAQ's (9.8(a)--Authorize and approve the ordinance adopting the State of California Fire Hazard CAL FIRE – December 18, 2024
2024 FAQ Page 4

• What Fire Hazard Severity Zones are in State Responsibility Area? o Answer: All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones.

• What are the wildland urban interface (WUI) building codes in State Responsibility Area? o Answer: The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igniting buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all state responsibility area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at: https://osfm.fire.ca.gov/divisions/fire-engineering-and- investigations/buildingmaterials-listing/

• Is the GIS data for Fire Hazard Severity Zones available for download? o Answer: The data inputs used to develop the Fire Hazard Severity Zones are identified in the Initial Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an additional data package which consists of sequential modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spatial datasets and 8 tables, provided in raster, polygon, and table format. These datasets are formatted for Esri ArcGIS software, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023.

Upon formal adoption of the FHSZ map, the final SRA FHSZ geospatial data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner.

• Why do waterbodies have a Fire Hazard Severity Zone Classification? o Answer: All areas in State Responsibility Area, including water bodies, require a fire hazard severity zone designation. The 2007 FHSZ maps zoned all water as moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for potential threat of embers to buildings on docks and house boats, as well as variation in reservoir height that occurs with drought.

Local Regulated Area Questions

• What is “Local Responsibility Area”, or LRA?
o Answer: Local Responsibility Areas (LRA) are incorporated cities, urban regions, agriculture lands, and portions of the desert where the local government is responsible for wildfire protection. This is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract.

• When did Fire Hazard Severity Zones start in Local Responsibility Area? o Answer: The “Bates Bill” (AB 337), Government Code Section 51175, was prompted by the devastating Oakland Hills Fire of 1991. This mid-1990s legislation calls for CAL FIRE to evaluate fire hazard severity in local responsibility area and to make a recommendation to the local jurisdiction where very high FHSZs exist. The Government Code then provides direction for the local jurisdiction to take appropriate action.

• How are Fire Hazard Severity Zones determined in local responsibility areas? o Answer: CAL FIRE uses an extension of the state responsibility area Fire Hazard Severity Packet Pg. 133
Attachment: 2024 Fire Hazard Severity Zones FAQ's (9.8(a)--Authorize and approve the ordinance adopting the State of California Fire Hazard CAL FIRE – December 18, 2024
2024 FAQ Page 5
Zone model as the basis for evaluating fire hazard in Local Responsibility Area. The Local Responsibility Area hazard rating reflects flame and ember intrusion from adjacent wildlands and from flammable vegetation in the urban area.

• What are the requirements for landowners in FHSZs in local responsibility areas? o Answer: California’s WUI building codes (CBC Chapter 7A) apply to the design and construction of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require ignition resistant construction for remodel projects.

Check with your local building department to determine which ignition resistant building codes apply to your project. In addition, Government Code Section 51182 calls for defensible space clearance and other wildland fire safety practices for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For information regarding “home hardening” and defensible space clearance, visit www.ReadyForWildfire.org.

• Does the designation of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement?
o Answer: Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For information regarding “home hardening” and defensible space clearance, visit www.ReadyForWildfire.org.

• How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? o Answer: CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety expertise on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans.

• What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? o Answer: CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The map, along with a model ordinance, are then sent to the governing body for adoption.

• How are the new Fire Hazard Severity Zones impacting development? o Answer: Many of the changes expanding fire hazard severity zones in local responsibility areas (LRA) have been supported by the building industry. CAL FIRE works closely with the building industry when setting various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area.

• When will the Local Responsibility Area Map be released? o Answer: The Local Responsibility Area Map Process will happen after the State Responsibility Area process has been completed, which is estimated to occur in the winter of 2025.

• Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area?
o Answer: New legislation, Senate Bill 63 (Stern, 2021), now requires the adoption of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adoption in Local Responsibility Areas.

Packet Pg. 134
Attachment: 2024 Fire Hazard Severity Zones FAQ's (9.8(a)--Authorize and approve the ordinance adopting the State of California Fire Hazard CAL FIRE – December 18, 2024
2024 FAQ Page 6
Insurance Related Questions

• Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? o Answer: Insurance companies use risk models, which differ from hazard models, because they consider the susceptibility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models specifically call out CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the fire hazard severity zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many additional factors and factors that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years.

Resources, Additional Information, and Contact Information

• To find the current FHSZ designation for a property, visit FHSZ Map Viewer (ca.gov).

• Helpful links:
o FHSZ Website:
▪ osfm.fire.ca.gov/FHSZ

o FHSZ Map Viewer:
▪ FHSZ Map Viewer (ca.gov)

• Contacts for FHSZ for Public Questions:
o (916) 633-7655
o [email protected]

Packet Pg. 135
Attachment: 2024 Fire Hazard Severity Zones FAQ's (9.8(a)--Authorize and approve the ordinance adopting the State of California Fire Hazard