Professional Documents
Culture Documents
A. Pledge of Allegiance
B. Invocation - Carol Hoffmeier, Redding Fire and Police Departments Chaplain
C. Roll Call
D. Introduction of City Council meeting participants
PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC
COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the
beginning of the meeting for Public Comment for non-agendized matters within the City’s jurisdiction.
The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of
the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this
item to the end of the open session agenda. The remaining speakers will address the City Council at that
time.
Redding City Council March 6, 2018
Page 2
4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually
scrutinized by City Council Members and are anticipated to require no further deliberation. If a
member of the public wishes to address an item on the Consent Calendar, please fill out a blue
Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered. It
shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1)
comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an
abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the
agenda for delivery of a staff report and/or an extended discussion or deliberation.
4(c). Accept the Treasurer’s Report for the month of January 2018.
[A-050-100-600]
4(d). Accept the Proof of Cash reconciliation and ACR133 Report for January 2018.
[F-205-095-650]
4(e). Adopt Ordinance No. 2583, an ordinance of the City Council of the City of
Redding, amending Redding Municipal Code Title 4 (Revenue and Finance),
Chapter 4.20 (Purchasing System), by amending Sections 4.20.020 (Division
Created), 4.20.030 (Purchasing Officer – Appointment), 4.20.040 (Purchasing
Officer – Duties), 4.20.080 (Bidding – When Dispensed With), 4.20.090
(Bidding – Opening Procedures), 4.20.100 (Purchase Orders), 4.20.120 (Formal
Contract Procedures), 4.20.130 (Open Market Purchasing Procedure), and
4.20.150 (Surplus Supplies and Equipment); all relating to the administration of
contracts.
[C-110-100/A-050-060]
4.4(a). Approve the Industrial Job Creation Incentive Agreement between the City of
Redding and Fall River Brewing Company; and authorize the City Manager to
execute the agreement and any future amendments not affecting the amount of
the incentive.
[E-050]
4.4(b). Approve the following action relative to Bid Schedule No. 4947, Dignity Health
North State Pavilion Project:
(1) Authorize staff to negotiate a contract with SHN Consulting for
preparation of an Environmental Impact Report (EIR), in an amount not
to exceed $232,305;
(2) Authorize the Mayor to execute the contract; and
(3) Authorize the City Manager to approve amendment(s) to the contract for
an additional amount not to exceed $25,000 for contingency purposes.
[B-050-020/L-010-075]
Redding City Council March 6, 2018
Page 3
4.5(a). Approve the Agreement to Pay Facilities Charge with the Redding Rodeo
Association (Association), allowing the Association to borrow $175,000 for the
purchase of equipment for electrical infrastructure improvements at the City-
owned property known as the Redding Rodeo Grounds, to be paid back in
monthly installments amortized over eight years at a rate of 2.75 percent interest;
and authorize the City Manager, or designee, to execute the Agreement.
[C-050-560/E-090]
4.5(b). Authorize the following action relative to Bid Schedule No. 4923 for
replacement of the Customer Services Remittance Processing System and Rapid
Extraction Desk, required for the efficient processing of payments received via
mail and drop box:
(1) Award contract to Creditron, Inc. in the amount of $147,965;
(2) Authorize the Mayor to execute the Agreement; and
(3) Authorize the City Manager, or designee, to approve amendment(s) to
the contract for an additional amount not to exceed $8,500, for contractor
travel, implementation and training.
[B-050-100/E-090]
4.6(a). Authorize sole source and approve the Production Agreement for the Freedom
Festival Fireworks Display with Pyro Spectaculars North, Inc. for the annual
Freedom Festival firework show in the amount of $85,000 per year, for a term of
five years, July 4, 2018, through July 4, 2022; and authorize the Mayor to
execute said Agreement.
[G-100/C-050-050]
4.6(b). Approve the Memorandum of Agreement with The McConnell Foundation (C-
2868) for the purpose of accepting funding in the amount of $85,000 each year
for the 2018-2022 Freedom Festival fireworks displays; and authorize the Mayor
to execute said Agreement.
[G-100/C-050-050]
4.11(a). Authorize the following action relative to Bid Schedule No. 4940 (Job No.
2605), Middleton Lane Sewer Improvement Project:
(1) Award to SnL Group Inc. in the amount of $366,355;
(2) Approve an additional $44,000 to cover the cost of contract
administration and inspection fees;
(3) Approve $40,000 to provide construction contingency funding; and
(4) Authorize the City Manager to approve additional increases, in either the
construction management or construction contingency amounts, up to a
total of $10,000; total construction and contingency cost amounts to
$460,355.
[B-050-020/W-020-575]
Redding City Council March 6, 2018
Page 4
4.11(b). Authorize the following action relative to Bid Schedule No. 4948 (Job No.
2492), Garden Tract Area Sewer Lining Project:
(1) Award to Quam Construction Co. Inc. in the amount of $3,648,114;
(2) Approve an additional $275,000 to cover the cost of administration and
inspection fees;
(3) Approve $365,000 to provide construction contingency funding; and
(4) Authorize the City Manager to approve additional increases in either the
construction management or construction contingency amounts up to a
total of $25,000.
[B-050-020/W-020-575]
4.11(c). Approve Lease Agreement with Mr. John Langum of Langum Cattle Company
for an initial term from April 1, 2018, through June 30, 2021, with two one-year
options to extend the term, at a rate of $2,895 annually, prorated in the first year,
with a two percent annual escalator. This action would allow for livestock
grazing at the Stillwater Business Park to help vegetation management.
[C-070-100/E-050-500]
4.11(g). Approve Consent to Assignment of Lease Agreement (C-1256) between the City
of Redding, Benton Hangar Association, Gregory Ayala, and Rich Cary for
Hangar Space B-5 at Benton Airpark; and authorize the City Manager, or
designee, to execute the Agreement with the Benton Hangar Association. This
action will assign all rights, title and interest in the lease to Mr. Cary and he will
be subject to all terms, covenants, conditions, and obligations of the Agreement.
[C-070-100/A-090-020]
4.11(i). Approve Parking License Agreement with Bethel Church of Redding for
temporary parking at Redding Municipal Airport for the period of April 3, 2018,
through April 20, 2018, for a rental fee of $1,300; and authorize the City
Manager, or designee, to execute the agreement and any future amendments to
the agreement.
[C-070-100/A-090-100]
Redding City Council March 6, 2018
Page 5
4.11(j). Adopt Resolution approving a financial assistance application to the State Water
Resources Control Board’s State Revolving Fund for the Wooded Acres
Subdivision to construct a public wastewater collection system. This resolution
authorizes the Public Works Director or Assistant Public Works Director to sign
and file necessary applications and amendments thereto on behalf of the City of
Redding.
[G-100-170/W-020]
6.1. Public Hearing to Consider Draft Ordinance to Permit But Regulate Cannabis
Activity.
[C-110-100/M-020]
Recommendation:
Open the public hearing and, upon conclusion of the public hearing, offer an
Ordinance repealing uncodified Ordinance No. 2577 and amending Redding
Municipal Code (RMC) Title 6 (Business Taxes, Licenses and Regulations) by
repealing Chapter 6.12 (Medical Marijuana Cooperatives and Collectives) and
replacing said Chapter by enacting Chapter 6.12 (Cannabis), Sections 6.12.010
through 6.12.650, inclusive; amending RMC Title 18 (Zoning) by amending Sections
18.15.030 (Standards for Which Exceptions May be Considered); 18.17.030
(Temporary Uses Requiring Permits); and Schedules 18.30.020-A (Use Regulations
– “Rural Lands” District), 18.31.020-A (Use Regulations – Other “Residential”
Districts), 18.32.020-A (Use Regulations – “Limited Office” and “General Office”
Districts), 18.33.020-A (Use Regulations – “Commercial” Districts), 18.34.020-A
(Use Regulations – “Industrial” Districts), 18.35.030-A (Use Regulations – “Open
Space” District), and 18.36.030-A (Use Regulations – “Public Facilities” District);
repealing Section 18.43.100 (Medical Marijuana Cultivation at Private Residences);
and amending Sections 18.43.110 (Home Occupations); 18.46.120 (Nuisance
Abatement), and 18.61.020 (Definitions), for first reading by title only and waive the
full reading; direct the City Attorney to prepare a summary ordinance, and authorize
the City Clerk to publish the summary ordinance according to law.
Redding City Council March 6, 2018
Page 6
7. APPOINTMENTS
7.1. Appointment to the Shasta Public Library Citizens Advisory Committee.
[B-080-600-244]
Recommendation:
Approve the appointment of Peggy O’Lea to the Shasta Public Library Citizens Advisory
Committee to serve the remainder of an unexpired term through November 30, 2020.
City Manager
9.1(a). Resolution Declaring Fiscal Emergency And Tax Measure Proposal for June 5,
2018, Election.
[T-010-700]
Recommendation:
Adopt Resolution by five affirmative votes of the City Council (unanimous) to:
(1) Declare that a fiscal emergency exists in the City of Redding and that a special
election is necessary on June 5, 2018; and
(2) Place a general tax measure on the ballot of the June 5, 2018, election, passable
by a simple majority, to adopt a one-half of one percent sales tax (Transactions
and Use Tax), which would expire 10 years from the operative date of the
ordinance unless extended by the voters of the City of Redding (City) in the
manner provided by law; and
(3) Approve the proposed Ordinance and its submission to the voters of the City of
Redding at the June 5, 2018, election as required by Revenue and Taxation Code
section 7285.9, and establish policies and procedures in connection with such an
election; and
(4) Appoint no more than two City Council (Council) Members to write the ballot
arguments, either for or against, should the Council wish to do so; and
(5) Request the services of the Registrar of Voters in conducting said election.
Redding City Council March 6, 2018
Page 7
Public Works
9.11(k). Oral Update Regarding Emergency Construction Contract Awarded for Repairs
and Replacement of Damaged Filters at the Buckeye Water Treatment Plant.
[W-030-600/A-050-080]
Recommendation:
Accept the update regarding award of emergency construction contract for repair and
replacement of damaged filters at the Buckeye Water Treatment Plant, in accordance
with Public Contract Code Section 22050(c)(1), and make a determination by a four-
fifths vote that there is a need to continue the emergency work.
Personnel
9.15(a). Resolution Approving Amendments to Memoranda of Understanding with
Redding Independent Employees' Organization - Clerical, Technical and
Professional and Supervisory/Confidential Units.
[P-100-050-127/P-100-050-129]
Recommendation:
Adopt Resolution:
(1) Amending the Memoranda of Understanding (MOUs) between the City of
Redding and the Redding Independent Employees’ Organization (RIEO) -
Clerical, Technical and Professional and Supervisory/Confidential Employees
Units;
(2) Extending the MOUs through August 31, 2018;
(3) Adjusting classification titles and eliminating hourly wage steps on the salary
schedules; and
(4) Adding a new classification titled Information Technology Data Base
Administrator to the RIEO – Supervisory/Confidential Employees Unit,
effective March 6, 2018.
Information Only
Redding City Council March 6, 2018
Page 8
14. ADJOURNMENT
Redding City Council March 6, 2018
Page 9
Pursuant to the Brown Act, non-confidential materials related to an item on this agenda
submitted to the City Council after distribution of the agenda packet are available for inspection
during normal business hours at the Office of the City Clerk, 3rd Floor, City Hall, 777 Cypress
Avenue, Redding, California.
In compliance with Title II of the Americans with Disabilities Act, the City of Redding will
make available to persons with disabilities modifications or accommodations including
auxiliary aids or services necessary to participate in public meetings. A person needing
assistance should contact the Redding City Clerk by telephone at (530) 225-4447 or in person,
or by mail at 777 Cypress Avenue, 3rd Floor, Redding, California 96001 at least three (3)
working days in advance.
The City of Redding will ensure that no person shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination under any of its projects, activities,
services, or business opportunities on the basis of race, color, national origin, age, sex, or
disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as
amended. All persons, regardless of their citizenship status, are covered under this regulation.
Questions, complaints, or requests for accommodations or additional information may be
forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept.,
Redding, California 96001, Phone (530) 225-4065.
City Council Meetings are televised on the Redding Community Access Channel 181, on
Thursday at 12:30 p.m. during the week in which the meeting is held. Video of the City Council
meetings can also be viewed on the City’s web site at http://www.cityofredding.org/. Click on
the Agendas/Staff Reports tab, click Agenda/Minutes/Videos 2018, click Video on the line of the
desired date.
CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: March 6, 2018 FROM: Allyn Feci Van Hooser, City
ITEM NO. 4(c) Treasurer
[A-050-100-600]
***APPROVED BY***
avanhooser@cityofredding.org btippin@cityofredding.org
Recommendation
Fiscal Impact
Alternative Action
The City Council could choose to not accept the report and provide direction to Staff.
Background/Analysis
Attached is the Treasurer’s Report for the one month ended January 31, 2018, the January 2018
Portfolio Management Reports, and a summary of the City of Redding’s (City) portfolio. For
comparative purposes, prior month information is also reported.
The City’s portfolio meets the requirements of Investment Policy No. 408. Market values for
securities are obtained from US Bank, Institutional Trust and Custody Department. The
Treasurer’s accountability total may be measured against the Finance Department ACR 133 cash
reconciliation report for January 2018.
The effective rate of return for City Treasurer-managed funds during January 2018 was 1.53
percent, an increase of three basis points from the December 2017 monthly rate of return. The
Fiscal Year 2017-18 rate of return was 1.50 percent, a one-basis-point increase from the month
of December. (A basis point equals one one-hundredth of one percent, or .01%). During the
month the City purchased two Federal Agency Coupon Bonds.
Packet Pg. 10
Report to Redding City Council February 22, 2018
Re: 4(c)--Treasurer's Report January 2018 Page 2
The City Treasurer respectfully recommends that the City Council accept the attached
Treasurer’s Report for January 2018, noting a Treasurer’s accountability total of
$237,961,381.27 and an Organization total of $252,682,760.79, which includes assets held by
the City of Redding as Successor Agency to the Redding Redevelopment Agency, as well as
Entity and Trustee accounts.
Attachments
Treasurer's Report
Packet Pg. 11
Packet Pg. 12
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 13
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 14
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 15
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 16
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 17
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 18
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 19
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 20
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 21
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 22
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 23
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 24
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 25
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 26
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 27
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 28
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 29
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 30
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 31
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 32
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 33
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
Packet Pg. 34
Attachment: Treasurer's Report (4(c)--Treasurer's Report January 2018)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
dmaxwell@cityofredding.org btippin@cityofredding.org
SUBJECT: 4(d)--ACR133 Report and Cash Reconciliation For the Month of January 2018
Recommendation
Accept the Proof of Cash reconciliation and ACR133 report for January 2018.
Fiscal Impact
Alternative Action
The City Council could choose to not accept the Proof of Cash reconciliation and ACR133 report
and provide alternate direction to Staff.
Background/Analysis
The City Council has requested a monthly report on pooled cash. The ACR133 report
summarizes, by fund, the month-to-date pooled cash balances and transactions. The Proof of
Cash reconciles the ACR133 report to the Treasurer’s monthly report.
Attachments
Packet Pg. 35
ACR133 CITY OF REDDING QUANBSYS 18:04:41 2/06/2018
GENERAL ACCOUNTING DATED 2/06/2018
ENDING
BALANCE
1/31/2018
Packet Pg. 36
CITY OF REDDING
PROOF OF CASH
RECONCILIATION BETWEEN TREASURER'S REPORT AND ACR 133
As of January 2018
ACR133 TREASURER
END OF MONTH BALANCE 238,690,558.53 237,961,381.27
BAD CHECKS -
PAYROLL TIMING DIFFERENCE (284,900.00)
BANK CHARGES (54,613.65)
WIRE TRANSFER TIMING DIFFERENCE
OTHER ADJUSTMENTS (939,654.07)
SUBJECT: 4(e)--Adoption of Ordinance No. 2583 amending Redding Municipal Code Title
4 (Revenue and Finance) relating to the administration of contracts.
Recommendation
Adopt Ordinance No. 2583, an ordinance of the City Council of the City of Redding, amending
Redding Municipal Code Title 4 (Revenue and Finance), Chapter 4.20 (Purchasing System), by
amending Sections 4.20.020 (Division Created), 4.20.030 (Purchasing Officer – Appointment),
4.20.040 (Purchasing Officer – Duties), 4.20.080 (Bidding – When Dispensed With), 4.20.090
(Bidding – Opening Procedures), 4.20.100 (Purchase Orders), 4.20.120 (Formal Contract
Procedures), 4.20.130 (Open Market Purchasing Procedure), and 4.20.150 (Surplus Supplies and
Equipment); all relating to the administration of contracts.
Attachments
Packet Pg. 38
Packet Pg. 39
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
Packet Pg. 40
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
Packet Pg. 41
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
Packet Pg. 42
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
Packet Pg. 43
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
Packet Pg. 44
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
Packet Pg. 45
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
Packet Pg. 46
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
Packet Pg. 47
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
Packet Pg. 48
Attachment: Ordinance No. 2583 (4(e)--Adoption of Ordinance No. 2583 Amending RMC Title 4 (Revenue and Finance))
CITY OF REDDING
REPORT TO THE CITY COUNCIL
lvaupel@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.4(a)--Industrial Job Creation Incentive Agreement With Fall River Brewing
Company
Recommendation
Approve the Industrial Job Creation Incentive Agreement between the City of Redding and Fall
River Brewing Company; and authorize the City Manager to execute the agreement and any
future amendments not affecting the amount of the incentive.
Fiscal Impact
The $40,000 in Job Credits will offset $12,750 in Sewer Impact Fees and up to $27,250 in
potential Traffic Impact Fees and Building Permit Fees.
Alternative Action
The City Council (Council) could choose to not provide the Job Credits, or provide a different
amount of Job Credits and provide Staff with alternate direction.
Background/Analysis
Fall River Brewing Company (FRBC) has outgrown their facility near Burney in Shasta County.
City of Redding (City) staff has been working with the owners of the brewery to relocate their
facility to a vacant building within the City at 4001 Eastside Rd. for the past year. FRBC has
recently purchased the building and began the process of constructing a first class brewing
facility.
When complete, the Redding facility will be capable of producing four times the quantity of beer
of their current facility. Over the next five years, FRBC is planning to grow their production to
60,000 barrels per year and hire an additional 25 employees. At this production level, FRBC
would rank among the top 20 breweries in California. This would be quite an accomplishment
considering that there are over 1,000 breweries in California. FRBC will invest nearly $4
Packet Pg. 49
Report to Redding City Council February 26, 2018
Re: 4.4(a)--Industrial Job Creation Incentive Agreement Page 2
million in the City of Redding at their new facility.
Typically, the City offers Job Credits as a financial incentive in order to entice companies to
locate in Redding and create jobs for our residents. City Council Policy No. 804 stipulates that
the jobs must be created within a year of occupancy and they must be new jobs to Shasta County.
This stipulation was put in place because using job credits to poach companies from our
neighboring communities does not benefit the City, or the region, over the long term. Staff
believes that this situation is different in a couple of ways. First, there is simply no room for
FRBC to grow in their current location due to lack of infrastructure needed to operate a large
brewery. Second, while there will not be more than ten new jobs created in the first year, FRBC
plans to hire 25 over the next five years. Finally, it is important for our region to retain the
existing jobs that FRBC supports and to help FRBC grow to create even more jobs in the near
future.
Attachments
Packet Pg. 50
Packet Pg. 51
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 52
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 53
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 54
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 55
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 56
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 57
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 58
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 59
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 60
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 61
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
Packet Pg. 62
Attachment: Agreement (available online) (4.4(a)--Industrial Job Creation Incentive Agreement)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
lvaupel@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.4(b)--Award Bid Schedule No. 4947, Dignity Health North State Pavilion
Project
Recommendation
Approve the following action relative to Bid Schedule No. 4947, Dignity Health North State
Pavilion Project:
(1) Authorize staff to negotiate a contract with SHN Consulting for preparation of an
Environmental Impact Report (EIR), in an amount not to exceed $232,305;
(2) Authorize the Mayor to execute the contract; and
(3) Authorize the City Manager to approve amendment(s) to the contract for an additional
amount not to exceed $25,000 for contingency purposes.
Fiscal Impact
There is no identified fiscal impact. The applicant for the Dignity Health North State Pavilion
Project will deposit monies with the City of Redding (City) for payment of the contract amount
and will cover any necessary contingencies.
Alternative Action
The City Council could award the contract to one of the other firms interviewed or provide City
staff with alternate direction. The selection panel carefully reviewed all proposals submitted for
the project and concluded that SHN Consulting’s proposal demonstrated the firm’s
qualifications to complete the work in a thorough and timely basis with an appropriate level of
necessary technical studies to ensure that the EIR will comply with the California Environmental
Quality Act (CEQA). The selection panel considers the cost to be fair and reasonable for this
project.
Packet Pg. 63
Report to Redding City Council February 26, 2018
Re: 4.4(b)--Award Bid Schedule No. 4947, Dignity Health North State Pavilion Project Page 2
Background/Analysis
Dignity Health submitted applications (use permit, parcel map, General Plan amendment, and
rezoning) to construct a wellness center for ambulatory clinics and medical offices distributed
amongst three buildings. Totaling approximately 129,600 square feet with associated parking,
landscaping and infrastructure (UP-2017-00001, PM-2017-00002, GPA-2017-00003, and RZ-
2017-00004), the property is generally located at the southwest corner of Cypress and Hartnell
Avenues just south of the Cypress Avenue Bridge on the southwest side of Redding, California.
The use permit request is to allow for the development of the project and for a portion of the
parking lot to encroach into the Federal Emergency Management Agency (FEMA) regulated
100-year floodplain of the Sacramento River. The parcel map request is to allow the
reconfiguration of the parcels into four parcels. The General Plan amendment is a request to
amend the General Plan from the existing designations of “General Office,” “General
Commercial,” and “Greenway” to “Public Facilities.” Lastly, the rezoning request is to amend
the existing zoning from “GO” General Office and “GC” General Commercial to “PF” Public
Facilities.
The property is approximately 10.55 acres in size and is characterized by gentle terrain. The
proposed “PF” zoning district allows ambulatory medical clinics and offices.
The project was scheduled for a public hearing before the Planning Commission. Comments
were received during the review period of the Initial Study/Mitigated Negative Declaration
(IS/MND). Based on the comments on the IS/MND, the project was continued indefinitely to
allow staff and the applicant time to review the comments. To address the comments received,
the applicant has decided to begin the EIR process.
Preparation of the EIR will be paid for by the project applicant, as required by Redding
Municipal Code Chapter 18.24. City staff will administer the contract.
The Development Services Department solicited proposals for preparation of the EIR in January
2018. Proposals were received from the following firms:
A selection panel, consisting of staff from the Planning and Engineering Divisions, reviewed the
proposals. Each firm was evaluated based on: (1) understanding of the project, (2) ability to
meet the schedule for completion of the EIR, (3) experience with EIR preparation for similar
projects, and (4) qualifications of the project team and the ability to work closely with City staff.
Based on the proposals, the selection panel determined SHN Consulting is the best qualified firm
to perform the work for this project.
As provided in the RFP, cost was considered to the extent that it appeared to be fair and
reasonable to the selection panel of the City.
Packet Pg. 64
Report to Redding City Council February 26, 2018
Re: 4.4(b)--Award Bid Schedule No. 4947, Dignity Health North State Pavilion Project Page 3
It is the opinion of the selection panel that SHN Consulting best demonstrated an ability to meet
the objectives of the request for proposals by providing a sound basis for preparing the EIR in an
efficient and technically complete manner. SHN Consulting submitted a separate, sealed, not-to-
exceed fee with its proposal in the amount of $232,305. The applicant is aware of, and has
agreed to, this amount.
Attachments
Location Map
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Attachment: Location Map (4.4(b)--Award Bid Schedule No. 4947, Dignity Health North State Pavilion Project)
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DIGNITY HEALTH MERCY MEDICAL CENTER REDDING ITEM:
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\ RZ-2017-00004 \ PLA-2017-00005 Packet Pg. 66
CITY OF REDDING
REPORT TO THE CITY COUNCIL
dbeans@cityofredding.org btippin@cityofredding.org
Recommendation
Approve the Agreement to Pay Facilities Charge with the Redding Rodeo Association
(Association), allowing the Association to borrow $175,000 for the purchase of equipment for
electrical infrastructure improvements at the City-owned property known as the Redding Rodeo
Grounds, to be paid back in monthly installments amortized over 8 years at a rate of 2.75 percent
interest, and authorize the City Manager, or designee, to execute the Agreement.
Fiscal Impact
Electric reserves will be reduced until such time as the principal amount of $175,000 has been
paid in full; however there is no budgetary impact associated with Staff’s recommendation.
Alternative Action
The City Council could choose to not approve the attached Agreement to Pay Facilities Charge.
Selecting this alternative action would result in the Association not replacing unsafe
infrastructure on City-owned property.
Background/Analysis
The Association is a utility customer of the City of Redding on property leased from the City of
Redding commonly known as the Rodeo Grounds. The current lease expires in 2026 and is
attached for reference. The electric infrastructure on the City-owned property is aging and
vulnerable to high-winds. Recent high winds have further deteriorated the infrastructure at the
Rodeo Grounds. This infrastructure should be replaced to avoid any liability for the City and the
Association. Risk is not limited to the Rodeo Grounds, as the property is adjacent to other City-
owned properties including the Convention Center and riverfront facilities.
Packet Pg. 67
Report to Redding City Council February 26, 2018
Re: 4.5(a)--Rodeo Grounds Facilities Charge Page 2
The Association desires to replace electric infrastructure as a tenant improvement at an estimated
cost of $200,000. While the Association has available funds for ancillary costs associated with
the infrastructure replacement, the Association needs financing for a significant portion of the
equipment costs.
Staff recommends the Association borrows $175,000 via a “special facilities charge” amortized
over 96 months (through end of current lease) from the Electric Department for the sole purpose
of purchasing equipment to replace aging infrastructure. The Association would pay 2.75
percent interest until such time as the principal has been paid in full, which represents the
approximate 10-Year Treasury Yield at the date of drafting. The Fiscal Year 2017-18 rate of
return for City Treasurer-managed funds January 2018 was approximately 1.50 percent.
The special facilities charge would be included on the Association’s monthly utility bill.
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
Agreement
Lease Agreement with Redding Rodeo Association (C-141) (available online)
Packet Pg. 68
AGREEMENT TO PAY FACILITIES CHARGE
WHEREAS, the Redding Rodeo Association ("Association") is the current recipient of electric
service from the City of Redding ("City") at 715 Auditorium Drive, Redding, CA 96001 on City-
owned property ("Rodeo Grounds"); and
WHEREAS, current electric infrastructure at the Rodeo Grounds is collapsing, in disrepair, and
represents a danger to the public; and
WHEREAS, the City will advance funds necessary to replace equipment in the interest of public
safety; and
WHEREAS, the United States I 0-Year Treasury Yield at the date of drafting was approximately
2.75%; and
WHEREAS, RMC Section 14.16.260 provides that if a person [or entity] fails to pay electric
fees or charges, the City may, in addition to any other remedy it may have, disconnect and cease
to provide any electric service to the [entity] and may withhold such services until all such fees
and charges are paid; and
WHEREAS, bills rendered, if unpaid after 20 days, shall become and be deemed delinquent.
Delinquent accounts shall be in a manner consistent with the most cmTently approved revision of
City Council Policy 1402 (Collection of Delinquent Utility Accounts) and failing to comply with
this provision shall be the immediate discontinuance of utility services until such time as the
entire account due and payable has been paid in full;
2. City will bill Association a facilities charge of $175,000 amottized over 96 months plus
interest of2.75% compounded monthly on the unpaid balance pursuant to Exhibit A,
attached and incorporated herein.
3. Sums due and owing for this facilities charge shall be invoiced to the Association on the
monthly utility bill for the revenue meter at 715 Auditorium Drive, Redding, CA 9600 I
pursuant to Exhibit A. The Association shall pay the facilities charge plus interest as part
of the monthly utility bill each and every month until such time as the principal amount
of $175,000 and all accrued interest has been paid in full. In the event that the funds
advanced herein are used for any purpose other than equipment of aging infrastructure,
Packet Pg. 69
then Association shall, within ten (I 0) calendar days after a demand is made by the City,
return all unspent funds advanced to the Rodeo Association.
5. This Agreement shall be recorded in the Official Records of the City of Redding.
6. Association hereby acknowledges that City does not waive, and has not waived, any right
or remedy it may have against Association for nonpayment of the facilities charges by
execution of this Agreement.
7. City's failure to exercise any lawful remedy available to it shall not be construed as a
waiver of that remedy, nor shall it be considered consent to a modification of this
Agreement. This Agreement contains the entire agreement between parties and
supersedes whatever oral or written understanding each may have had prior to the
execution of this agreement.
8. This Agreement shall not be altered, amended, or modified except by a writing signed by
City and Association.
9. The Date of this Agreement is the date that it is signed by the City.
Packet Pg. 70
IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and
year set forth below:
CITY OF REDDING,
A Municipal Corporation
BARRY E. DeWALT
City Attorney
Packet Pg. 71
EXHIBIT A- Facilities Charge Repayment Schedule
Enter values
Loan amount s 175,000.00
Annual interest rate 2.75%
Loan period in years 8
Start date of loan 4/1/2018~
Packet Pg. 72
Payment Beginning Ending
No. Date Balance Payment Principal Interest Balance
28 8/1/2020 $ 129,602.80 $ 2,032.86 $ 1,735.86 $ 297.01 $ 127,866.94
29 9/1/2020 $ 127,866.94 $ 2,032.86 $ 1,739.84 $ 293.03 $ 126,127.10
30 10/1/2020 $ 126,127.10 $ 2,032.86 $ 1,743.82 $ 289.04 $ 124,383.28
31 11/1/2020 $ 124,383.28 $ 2,032.86 $ 1,747.82 $ 285.05 $ 122,635.46
32 12/1/2020 $ 122,635.46 $ 2,032.86 $ 1,751.82 $ 281.04 $ 120,883.64
Page 2 of 3
Packet Pg. 73
Payment Beginning Ending
No. Date Balance Payment Principal Interest Balance
67 11/1/2023 s 58,871.60 s 2,032.86 s 1,897. 95 s 134.91 s 56,973.66
68 12/1/2023 s 56,973.66 s 2,032.86 s 1'902.30 s 130.56 s 55,071.36
69 1/1/2024 s 55,071.36 s 2,032.86 s 1,906.66 s 126.21 s 53,164.70
70 2/1/2024 s 53,164.70 s 2,032.86 s 1,911.03 s 121.84 s 51,253.67
71 3/1/2024 s 51,253.67 s 2,032.86 s 1,915.41 s 117.46 s 49,338.26
Page 3 of 3
Packet Pg. 74
Packet Pg. 75
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 76
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 77
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 78
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 79
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 80
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 81
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 82
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 83
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 84
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 85
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 86
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 87
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 88
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 89
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
Packet Pg. 90
Attachment: Lease Agreement with Redding Rodeo Association (C-141) (available online) (4.5(a)--Rodeo Grounds Facilities Charge)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
dbeans@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.5(b)—Award of Bid Schedule No. 4923 and authorize issuance of a Consulting
and Professional Services Agreement with Creditron, Inc. for purchase of Remittance Processing
System/Rapid Extraction Desk.
Recommendation
Authorize the following action relative to Bid Schedule No. 4923 for replacement of the
Customer Services Remittance Processing System and Rapid Extraction Desk, required for the
efficient processing of payments received via mail and drop box:
(1) Award contract to Creditron, Inc. in the amount of $147,965, and approve a project
contingency not to exceed $8,500 for vendor travel related to implementation and
training; and
(2) Authorize the Mayor, to execute the Agreement; and
(3) Authorize the City Manager, or designee, to execute future contract amendments not to
exceed $8,500.
Fiscal Impact
There are sufficient funds in the Customer Services Remittance Replacement account for the
replacement of this equipment. The project cost estimate for the replacement of the existing
Rapid Extraction Desk and Remittance Processing System including hardware, software,
implementation and support services, and contingency is $156,465.00. Additionally, product
support beginning in year two, is currently proposed at $18,780.00 annually, which will be paid
through the operating expense budget.
Alternative Action
The City Council could choose to provide an alternative suggestion for the replacement of
existing remittance processing equipment that has reached end of life, and is approaching end of
support by the vendor.
Background/Analysis
Packet Pg. 91
Report to Redding City Council February 26, 2018
Re: 4.5(b)--Contract Request for Remittance Processing Machine Page 2
Customer Services currently issues 570,000 utility statements annually, approximately thirty-
four percent of which are paid via check or money order mailed to, or placed in drop-boxes, and
processed in-house by the Customer Services Division.
Existing mail room payment processing equipment consists of an Opex Model 60 rapid
extraction desk for mail opening and extraction, and a Pitney Bowes Model 1225 letter opener
for odd-sized return envelopes. Processing of payments is accomplished with a Burroughs
Unisys Quantum 21201-C 12-pocket high speed reader-sorter, utilizing Creditron’s ItemAge
Classic image-based payment processing solution that images checks and payment coupons. It
creates electronic payment and/or image files for consumption by the eCIS+ (Vertex) billing
software and electronic Check 21 image cash letter bank deposit process. As part of the process,
the machine also images checks for payments received from walk-in customers and processed
via our front-counter walk-in customer service center, for inclusion in the electronic deposit for
the bank. The current process requires multiple machines to open envelopes and process the
payments; handling of the payment vehicles (payment coupons and checks) currently occurs
multiple times during the sorting and processing of the payments.
The Opex letter extractor and Burroughs Unisys Quantum machines were originally installed in
2005, and were relocated to their current location by the respective vendors in February, 2015.
Both machines have served the City well, but are approaching the end of their useful life. Due to
the discontinuance of the existing reader-sorter by the vendor, availability of continued support
from an engineering, parts, and consumable perspective is anticipated to end in the near future.
The machines greatly improve the efficiency of the processing of utility payments received via
the mail and utility payment drop-boxes, and are required for the efficient and timely processing
of payments received via those payment methods. In order to continue current operations,
replacement of the machines is needed prior to facing failure of the equipment and total loss of
vendor support. Advancing technology now accomplishes the opening, sorting, scanning, and
processing to only require one machine, instead of two. This “one-touch” solution eliminates the
need to presort the mail prior to opening and sorting again prior to the processing the payments.
This means that the payment vehicles are only touched once during processing, and thereby
further streamlining the processing of these payments and improving overall efficiency.
On November 30, 2017, the Purchasing Division published an RFP to Furnish and Install One
Combination Remittance Processing System/Rapid Extraction Desk via Schedule No. 4923. The
City issued nine RFP packages to firms known to engage in this type of service. The RFP was
also advertised in the local newspaper as well as on the City’s website. On Tuesday, January 9,
2018, the City witnessed receiving proposals from five (5) firms:
The proposals received were reviewed by the review committee, and scored based solely on
technical merit. Then pricing submitted by each proposer was requested, and the review team
then re-ranked each firm based upon the impact of the pricing on their previous technical
Packet Pg. 92
Report to Redding City Council February 26, 2018
Re: 4.5(b)--Contract Request for Remittance Processing Machine Page 3
ranking. At the conclusion of the process, Creditron was determined to provide the best solution
to meet the City’s needs, as requested by the RFP, and the lowest cost to the City for the
purchase and implementation of the required hardware and software. Creditron also provided the
lowest annual maintenance cost (based on current pricing) that will begin in year two and
continue for the life of the machine and software.
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
Packet Pg. 93
RFP Scorecard - Summary
Remittance Processing System/Rapid Extraction Desk Schedule #4923
Normalized
Bank Up Corp Denise Tim Vince Total
Attachment: RPS Summary Scoring Final (4.5(b)--Contract Request for Remittance Processing Machine)
Proposed Project Plan (Up to 15 points) 8 11.1 6 25.1
Integration with Existing Systems (Up to 20 points) 6 16 7 29
Profile/Qualifications/Ability to Deliver (Up to 20 points) 8 16 11 35
Completeness of Proposal/Adherence to Format (Up to 10 points) 6 7 5 18
Maintenance Agreement/Repair Response Time (Up to 20 points) 9 14.8 7 30.8
Pricing (Up to 15 points) 3 3 3 9
kniemer@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.6(a)--Approve Agreement with Pyro Spectaculars North, Inc. for the Freedom
Festival Fireworks Display
Recommendation
Authorize sole source and approve the Production Agreement for the Freedom Festival
Fireworks Display with Pyro Spectaculars North, Inc. for the annual Freedom Festival firework
show for five years (through July 4, 2022); and authorize the Mayor to execute said Agreement.
Fiscal Impact
Should the City Council (Council) approve the contract and the fireworks displays continue, the
City of Redding will provide the required public safety, street closure, and coordination services.
These funds have been included in the annual special events budget, and will total approximately
$42,450.
Alternative Action
The Council could choose to decline approval of the Production Agreement with Pyro
Spectaculars North, Inc. Declining would require staff to bid out the contract or cancel the show.
Background/Analysis
Since 1990, the City of Redding Community Services Department has been responsible for
coordinating the Fourth of July Freedom Festival. As a result of the collaboration of City
departments, non-profit organizations, and the community, this event has become the largest
single-day event in Redding.
The Freedom Festival begins in the early evening with local entertainment and food concessions
hosted by various non-profit organizations. Throughout the day, the crowd typically grows to
more than 10,000 spectators, with others viewing the show from alternate sites throughout the
Packet Pg. 95
Report to Redding City Council February 26, 2018
Re: 4.6(a)--Agreement with Pyro Spectaculars North, Inc. Page 2
City. The firework display includes over 1,800 fireworks shells launched in the span of
approximately 20 minutes.
From 1990 through 2007, Boom Boom, Inc. (Boom Boom) of Hayfork provided pyrotechnic and
show coordination services for the annual July Fourth Freedom Festival. From 1990 to 1997, the
fireworks display grew in both size and complexity. In 1998, the contract for pyrotechnic
services was advertised for bid, and Boom Boom was the only respondent. The City Council
approved a sole source agreement for the next eight years. In December 2007, Pyro Spectaculars
North, Inc. (Pyro Spectaculars) purchased Boom Boom. The City Council approved Pyro
Spectaculars as the sole source vendor for the 2008 fireworks show, although later in that year
staff received a request from another vendor to bid out the show. Staff issued the Request for
Proposals and only one firm responded – Pyro Spectaculars. Pyro Spectaculars was awarded a
five-year contract in 2009, which was extended for another three years in 2014. The business of
pyrotechnics is complex and dangerous; the City’s track record with Pyro Spectaculars is
excellent. The Redding Fire Department concurs with the recommendation of a sole source
contract with Pyro Spectaculars.
Historically, The McConnell Foundation (Foundation) has provided funding for the fireworks
display. The Foundation agreed to increase the grant from $80,000 to $85,000 for the fireworks
production and has indicated its plans to continue such support. This amendment would extend
the Production Agreement through July 4, 2022. The agreement with Pyro Spectaculars includes
a termination contingency should funding not be available in the future. The City Attorney’s
office has reviewed and approved the proposed language of the agreement.
Attachments
Packet Pg. 96
Pyro Spectaculars North, Inc. CITY OF REDDING
5301 Lang Avenue Revision # 3
Sacramento, CA 95652 July 4, 2018 - 2022
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 1 of 4
PRODUCTION AGREEMENT
(Special)
This agreement ("Agreement") is made this day of , 2018 by and between Pyro Spectaculars North, Inc., a California
corporation, hereinafter referred to as (“PYRO”), and City of Redding, hereinafter referred to as (“CLIENT”). PYRO and CLIENT are sometimes referred to as
“Party” or collectively as “Parties” herein.
1. Engagement - CLIENT hereby engages PYRO to provide to CLIENT five (5) fireworks Productions (“Production” or “Productions”), and PYRO
accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Productions shall be substantially as outlined in Exhibits “A”, B,
Attachment: Agreement (available online) (4.6(a)--Agreement with Pyro Spectaculars North, Inc.)
and “C” attached hereto and incorporated herein by this reference.
1.1 PYRO Duties – PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for
specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Productions, insurance covering the
Productions and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work (“Scope
of Work”), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.
1.2 CLIENT Duties – CLIENT shall provide to PYRO a suitable site (“Site”) for the Productions, security for the Site as set forth in Paragraph
6 hereof, access to the Site, any permission necessary to utilize the Site for the Productions, and the other things on its part to be performed as more
specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO’s reasonable approval as to
pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access,
use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.
2. Term, Time and Place - The term of this Agreement shall be five (5) years. The Productions shall take place on July 4, 2018, July 4, 2019, July 4,
2020, July 4, 2021 and July 4, 2022 at approximately 10:00:00pm, at Area behind Redding Convention Center, “Site”. PYRO shall provide an equal or
better quantity and quality of shells for each year of the five year term. All changes to the list of shells provided in EXHIBIT “A” and staffing described in
EXHIBIT “B” shall be mutually agreed upon by the Parties and made in writing to the Community Services Director no later than January 1 of each year.
3.1 Fee - CLIENT agrees to pay PYRO a fee of $85,000.00 USD (EIGHTY-FIVE THOUSAND DOLLARS) ("Fee") for each of the
Productions. CLIENT shall pay to PYRO $42,500.00 USD (FOURTY-TWO THOUSAND FIVE HUNDRED DOLLARS) of the Fee plus estimated permit
and standby fees, specified Production costs, and other regulatory costs approximated at $190.00, for a total of $42,690.00, as a deposit (“Deposit”) upon the
execution of this Agreement by both parties and no later than April 2, in the year of the respective Production, commencing April 2, 2019. The balance of the
Fee shall be paid no later than the first business day following the date set for each respective Production. CLIENT authorizes PYRO to receive and verify
credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The “PRICE FIRM”
date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.
3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month
or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection
with the litigation, including, but not limited to attorneys’ fees.
3.3 Expenses – PYRO shall pay all normal expenses directly related to the Productions including freight, insurance as outlined, pyrotechnic
products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO’s
responsibility in the Scope of Work. CLIENT shall pay all costs related to the Productions not supplied by PYRO including, but not limited to, those items
outlined as CLIENT’s responsibility in this Agreement and Scope of Work.
4. Proprietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Productions, except that PYRO
does not own CLIENT-owned material or third-party-owned material that has been included in the Productions, and as to such CLIENT-owned and third-party-
owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the
Productions, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT-owned material and third-party-owned material and shall
not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT-owned material and represents that it has or will obtain
any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Productions. PYRO reserves the
ownership rights in its trade names that are used in or are a product of the Productions. Any reproduction by sound, video or other duplication or recording
process without the express written permission of PYRO is prohibited.
5. Safety - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures
consistent with recognized applicable industry standards and practices. At all times before and during the Productions, it shall be within PYRO's sole discretion
to determine whether or not the Productions may be safely discharged or continued. The percentage of duds, as defined in CA Code of Regulations Title 19, shall
not exceed one half of one percent of the total number of shells. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction,
or for PYRO to determine that the Productions cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the
reasonable control of PYRO.
6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals
other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Productions, including a
fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or
controlling CLIENT’s other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor
facilities associated with the Productions.
PN V 1-2
Special Agreement
Packet Pg. 97
Pyro Spectaculars North, Inc. CITY OF REDDING
5301 Lang Avenue Revision # 3
Sacramento, CA 95652 July 4, 2018 - 2022
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 2 of 4
7. Cleanup - PYRO shall be responsible for the removal of all equipment, materials, supplies, and trash brought to the Site by PYRO and clean up of any
live pyrotechnic debris fired by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Productions or set-up, discharge and
fallout areas including any environmental clean-up and fireworks fallout debris.
8. Permits - PYRO agrees to apply for permits required for the discharge of pyrotechnics from the Redding Fire Department (or other authority having
jurisdiction), FAA, USCG, and the State of California, as required. CLIENT shall be responsible for any fees associated with these permits including standby
fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police
Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or
Federal Government.
Attachment: Agreement (available online) (4.6(a)--Agreement with Pyro Spectaculars North, Inc.)
9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with
PYRO’s performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this
Agreement; (2) automobile liability insurance, (3) workers’ compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from
claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO’s performance of this Agreement,
only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT’s
negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.
The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage
shall be furnished to CLIENT prior to the rendering of services hereunder and shall include the following: (1) that it may not be canceled or modified without the
insurance carrier providing at least thirty (30) days prior written notice to CLIENT; and (2) that the following are named as additionally insured: CLIENT;
Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Productions. Pyrotechnic subcontractors
or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their
respective operations and services. Evidence of other insurance shall be provided upon CLIENT’s written request to PYRO.
10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers,
and expertise to produce the Productions in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify,
hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not
limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out
of the Productions and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or
employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including
but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from
or out of the Productions and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors,
providers, or employees. In no event shall either party be liable for the consequential damages of the other party.
11. Limitation of Damages for Ordinary Breach - Except in the case of bodily injury and property damage as provided in the insurance and
indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent, in
any respect other than to the extent PYRO caused bodily injury or property damage, in performing the Productions provided for herein, CLIENT shall not be
entitled to claim or recover monetary damages from PYRO, except for bodily injury and property damage, beyond the amount CLIENT has paid to PYRO under
this Agreement, and in no case shall either party be entitled to claim or recover any consequential damages from the other including, without limitation, damages
for loss of income, business or profits.
12. Force Majeure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other
causes beyond the control of PYRO which may prevent the Productions from being safely discharged on the scheduled date, which may cause the cancellation of
any event for which CLIENT has purchased the Productions, or which may affect or damage such portion of the exhibits as must be placed and exposed a
necessary time before the Productions. If, for any such reason, PYRO is not reasonably able to safely discharge the Productions on the scheduled date, or at the
scheduled time, or should any event for which CLIENT has purchased the Productions be canceled as a result of such causes, CLIENT may (i) reschedule the
Productions and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Productions and pay PYRO such sums as provided in Paragraph 14, based
upon when the Productions is canceled.
13. Rescheduling Of Event - If CLIENT elects to reschedule the Productions, PYRO shall be paid the original Fee plus all additional expenses made
necessary by rescheduling. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree
upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Productions shall be rescheduled
for a date prior to November 1st of the same year. The Productions shall not be rescheduled to a date, or for an event, that historically has involved a fireworks
production. The Productions shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between
December 15th and January 15th unless the original date was December 31st of the earlier year unless PYRO agrees that such rescheduling will not adversely
affect normal business operations during those periods.
14. Right To Cancel – CLIENT shall have the option to unilaterally cancel a Production prior to the scheduled date and PYRO shall have the option to
unilaterally cancel a Production 91 or more days prior to the scheduled event . If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated
damages, the following percentages of the Fee as set forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 to 90 days prior to the scheduled date, 2) 75% if
cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels a Production, it will be impractical or extremely
difficult to fix the actual amount of PYRO’s damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels a
Production. Exercise of the right to cancel a Production more than ninety (90) calendar days in advance prior to any scheduled date shall result in no award of
liquidated damages. If CLIENT elects to terminate any of the Productions provided for in this Agreement, CLIENT agrees it shall not procure the services of
another vendor to perform similar services for a fireworks display between June 15 and July 15 or that year.
15. No Joint Venture - It is agreed, nothing in this Agreement or in PYRO’s performance of the Productions shall be construed as forming a partnership
or joint venture between CLIENT and PYRO. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall
be held responsible for any agreements or obligations not expressly provided for herein.
PN V 1-2
Special Agreement
Packet Pg. 98
Packet Pg. 99
Attachment: Agreement (available online) (4.6(a)--Agreement with Pyro Spectaculars North, Inc.)
Pyro Spectaculars North, Inc. CITY OF REDDING
5301 Lang Avenue Revision # 3
Sacramento, CA 95652 July 4, 2018 - 2022
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 4 of 4
SCOPE OF WORK
PYRO SPECTACULARS NORTH, INC. (“PYRO”)
and
CITY OF REDDING (“CLIENT”)
Attachment: Agreement (available online) (4.6(a)--Agreement with Pyro Spectaculars North, Inc.)
• Five (5) Pyro Spectaculars North, Inc., Productions on July 4, 2018, July 4, 2019, July 4, 2020, July 4, 2021 and July 4,
2022, each at approximately 10:00 pm at Arena behind Redding Convention Center.
• All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product.
• Application for specific pyrotechnic permits relating to the Productions.
• Musical soundtrack for the Productions supplied in agreed upon format.
• Insurance covering the Productions as set forth in the Agreement with the following limits:
PN V 1-2
Special Agreement
Packet Pg. 100
Packet Pg. 101
Attachment: Agreement (available online) (4.6(a)--Agreement with Pyro Spectaculars North, Inc.)
Packet Pg. 102
Attachment: Agreement (available online) (4.6(a)--Agreement with Pyro Spectaculars North, Inc.)
Packet Pg. 103
Attachment: Agreement (available online) (4.6(a)--Agreement with Pyro Spectaculars North, Inc.)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
kniemer@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.6(b)--Grant from The McConnell Foundation to Fund the 2018-2022 Fourth of
July Freedom Festival Fireworks Display
Recommendation
Approve the Memorandum of Agreement with The McConnell Foundation (C-2868) for the
purpose of accepting funding of $85,000 each year for the 2018-2022 Freedom Festival
fireworks displays; and authorize the Mayor to execute said Agreement.
Fiscal Impact
The City of Redding (City) will be committed to providing the required public safety, street
closure, and coordination services if the City Council accepts the grant funds. Historically, the
City has provided event management and public safety support. The City’s adopted budget
includes $42,450 annually for City expenses associated with the Freedom Festival.
Alternative Action
The City Council could choose to not accept the grant from The McConnell Foundation
(Foundation). Other funds would need to be identified to cover this expense or cancel the show.
Background/Analysis
Since 1990, the City of Redding Community Services Department has been responsible for
coordinating the Fourth of July Freedom Festival. With the collaboration of city departments,
non-profit organizations, and the Redding community, this event has become the largest single-
day event in Redding.
The Freedom Festival begins in the early evening with musical entertainment and food
concessions hosted by various non-profit organizations. Throughout the day, thousands of
residents and visitors gather on the grounds of the Redding Civic Auditorium, with many others
The McConnell Foundation provided funding for past fireworks displays; the Foundation
increased the amount by $5,000 (now $85,000 annually) for the next five years (through 2022).
A Memorandum of Agreement has been prepared to outline the grant conditions. The City
Attorney’s Office has reviewed and approved the proposed language of the agreement, which is
available online.
The Freedom Festival has become an important part of Redding’s identity as a community.
Residents and visitors alike take great pride in our ability to produce a show of this magnitude.
The McConnell Foundation’s continued and generous support of the event will make it one of
the top five fireworks shows on the West Coast. The recommended actions will allow staff to
move forward with the extensive planning required for another successful event.
Attachments
bcrane@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.11(a)--Award Bid Schedule No. 4940 (Job No. 2605), Middleton Lane Sewer
Improvement Project
Recommendation
Authorize the following action relative to Bid Schedule No. 4940 (Job No. 2605), Middleton
Lane Sewer Improvement Project:
(1) Award to SnL Group Inc. in the amount of $366,355;
(2) Approve an additional $44,000 to cover the cost of contract administration and inspection
fees;
(3) Approve $40,000 to provide construction contingency funding; and
(4) Authorize the City Manager to approve additional increases, in either the construction
management or construction contingency amounts, up to a total of $10,000; total
construction and contingency cost amounts to $460,355.
Fiscal Impact
The Middleton Lane Sewer Improvement Project (Project) is funded by the Wastewater Utility
Fund. Project cost components are estimated and some shifting of the project development,
construction management and construction contingency funds may be necessary to balance the
project within the approved budget.
Cost Summary
Item Estimated
Project Development Costs $ 50 ,000
Construction Contract + Contingency $ 406,355
Contract Administration, Inspection , Testing $ 44,000
Additional City Manager Authority $ 10,000
Total Project Costs $ 510,355
Project Budget $ 550,000
The City Council has the option to not award the bid for the Middleton Lane Sewer Improvement
Project and provide other direction to staff.
Background/Analysis
Attached is a tabulation of bids received and opened on February 6, 2018, for the Middleton
Lane Sewer Improvement Project. The low bid, in the amount of $366,355, was received from
SnL Group Inc. of Redding, California. The engineer’s estimate was $356,650.
This project involves replacing approximately 1,200 feet of old and undersized sewer main and
the associated laterals on a portion of Middleton Lane. City staff determined that the existing
sewer main is undersized and contributing to upstream surcharging. Replacing the main is in the
best interest of the City in an effort to prevent sanitary sewer overflows and subsequent
regulatory action.
Total project development costs for this project are estimated to be $50,000. Project development
costs include engineering, environmental, and consultant services.
Attachments
Bid Tabulation
Location Map
Notice of Exemption
Attachment: Bid Tabulation (4.11(a)--Award Bid Schedule No. 4940, Middleton Lane Sewer Improvements)
Packet Pg. 116
Attachment: Location Map (4.11(a)--Award Bid Schedule No. 4940, Middleton Lane Sewer Improvements)
Packet Pg. 117
Attachment: Notice of Exemption (4.11(a)--Award Bid Schedule No. 4940, Middleton Lane Sewer Improvements)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
bcrane@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.11(b)--Award Bid Schedule No. 4948 (Job No. 2492), Garden Tract Area Sewer
Lining Project
Recommendation
Authorize the following action relative to Bid Schedule No. 4948 (Job No. 2492), Garden Tract
Area Sewer Lining Project:
(1) Award to Quam Construction Co. Inc. in the amount of $3,648,114;
(2) Approve an additional $275,000 to cover the cost of administration and inspection fees;
(3) Approve $365,000 to provide construction contingency funding; and
(4) Authorize the City Manager to approve additional increases in either the construction
management or construction contingency amounts up to a total of $25,000.
Fiscal Impact
Wastewater Utility funding in the amount of $4,550,000 was approved for Fiscal Year 2017-18.
Cost Summary
Item Estimated
Project Development Costs $200,000
Construction Contract + Contingency $4,013,114
Contract Administration, Inspection, Testing $275,000
Additional City Manager Authority $25,000
Total Project Costs $4,513,114
Project cost components are estimates and some shifting of the project development,
construction management and construction contingency funds may be necessary to balance the
project within the approved budget.
Alternative Action
The City Council has the option to not award the bid for the Garden Tract Area Sewer Lining
Project and provide staff with other direction. Without this project, there will be continued
maintenance necessary and the potential for sanitary sewer overflows.
Background/Analysis
Attached is a tabulation of bids received and opened on February 8, 2018, for the Garden Tract
Area Sewer Lining project. The low bid in the amount of $3,648,114 was received from Quam
Construction Co. Inc. of Willmar, Minnesota. The engineer's estimate was $2,909,406 and there
is $4,550,000 budgeted for this project. Total project development costs for this project are
estimated to be $200,000. Project development costs include engineering, surveying, right-of-
way, environmental, and consultant services.
Attachments
Bid Tabulation
Location Map
Notice of Exemption
Attachment: Bid Tabulation (4.11(b)--Award Bid Schedule No. 4948, Garden Tract Area Sewer Lining
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL
1 Water Pollution Control LS 1 $2,500.00 $2,500.00 $30,000.00 $30,000.00 $3,800.00 $3,800.00
2 Traffic Control LS 1 $30,000.00 $30,000.00 $75,000.00 $75,000.00 $47,900.00 $47,900.00
3 Construction Area Signs EA 33 $175.00 $5,775.00 $100.00 $3,300.00 $500.00 $16,500.00
4 Project Funding Sign EA 1 $1,200.00 $1,200.00 $1,000.00 $1,000.00 $1,200.00 $1,200.00
5 Bypass Pumping LS 1 $45,000.00 $45,000.00 $90,000.00 $90,000.00 $19,500.00 $19,500.00
6 Sanitary Sewer (6" CIPP Liner) LF 9271 $36.00 $333,756.00 $33.00 $305,943.00 $39.00 $361,569.00
7 Sanitary Sewer (8" CIPP Liner) LF 9504 $36.00 $342,144.00 $32.00 $304,128.00 $38.00 $361,152.00
8 Sanitary Sewer (10" CIPP Liner) LF 1438 $40.00 $57,520.00 $42.00 $60,396.00 $49.00 $70,462.00
9 Sanitary Sewer (12" CIPP Liner) LF 1992 $48.00 $95,616.00 $52.00 $103,584.00 $61.00 $121,512.00
10 Sanitary Sewer (14" CIPP Liner) LF 167 $65.00 $10,855.00 $125.00 $20,875.00 $140.00 $23,380.00
11 Sanitary Sewer (15" CIPP Liner) LF 726 $60.00 $43,560.00 $63.00 $45,738.00 $72.00 $52,272.00
12 Sanitary Sewer (18" CIPP Liner) LF 1382 $70.00 $96,740.00 $90.00 $124,380.00 $113.00 $156,166.00
13 Storm Drain (18" CIPP Liner) LF 1562 $70.00 $109,340.00 $90.00 $140,580.00 $108.00 $168,696.00
14 Liner) LF 80 $150.00 $12,000.00 $325.00 $26,000.00 $370.00 $29,600.00
15 Liner) LF 178 $150.00 $26,700.00 $130.00 $23,140.00 $160.00 $28,480.00
16 Rehabilitate Protruding Lateral EA 60 $500.00 $30,000.00 $215.00 $12,900.00 $270.00 $16,200.00
17 Sewer Lateral "T-Style" Liner EA 515 $2,000.00 $1,030,000.00 $3,200.00 $1,648,000.00 $3,600.00 $1,854,000.00
18 Point Repair LF 220 $500.00 $110,000.00 $1,085.00 $238,700.00 $1,150.00 $253,000.00
19 Replace Rodhole EA 3 $3,500.00 $10,500.00 $5,400.00 $16,200.00 $5,700.00 $17,100.00
20 Rehabilitate Manhole (Sewer, Type 1-4') EA 89 $5,800.00 $516,200.00 $4,250.00 $378,250.00 $4,300.00 $382,700.00
Attachment: Bid Tabulation (4.11(b)--Award Bid Schedule No. 4948, Garden Tract Area Sewer Lining
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE
1 Water Pollution Control LS 1 $2,200.00 $2,200.00 $2,500.00 $2,500.00 $9,625.00
2 Traffic Control LS 1 $129,000.00 $129,000.00 $215,000.00 $215,000.00 $116,725.00
3 Construction Area Signs EA 33 $175.00 $5,775.00 $300.00 $9,900.00 $268.75
4 Project Funding Sign EA 1 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $1,300.00
5 Bypass Pumping LS 1 $115,530.00 $115,530.00 $190,000.00 $190,000.00 $103,757.50
6 Sanitary Sewer (6" CIPP Liner) LF 9271 $61.00 $565,531.00 $52.00 $482,092.00 $46.25
7 Sanitary Sewer (8" CIPP Liner) LF 9504 $56.00 $532,224.00 $52.00 $494,208.00 $44.50
8 Sanitary Sewer (10" CIPP Liner) LF 1438 $57.00 $81,966.00 $56.00 $80,528.00 $51.00
9 Sanitary Sewer (12" CIPP Liner) LF 1992 $65.00 $129,480.00 $65.00 $129,480.00 $60.75
10 Sanitary Sewer (14" CIPP Liner) LF 167 $186.00 $31,062.00 $90.00 $15,030.00 $135.25
11 Sanitary Sewer (15" CIPP Liner) LF 726 $82.00 $59,532.00 $110.00 $79,860.00 $81.75
12 Sanitary Sewer (18" CIPP Liner) LF 1382 $100.00 $138,200.00 $110.00 $152,020.00 $103.25
13 Storm Drain (18" CIPP Liner) LF 1562 $103.00 $160,886.00 $110.00 $171,820.00 $102.75
14 Liner) LF 80 $323.00 $25,840.00 $200.00 $16,000.00 $304.50
15 Liner) LF 178 $161.00 $28,658.00 $150.00 $26,700.00 $150.25
16 Rehabilitate Protruding Lateral EA 60 $770.00 $46,200.00 $300.00 $18,000.00 $388.75
17 Sewer Lateral "T-Style" Liner EA 515 $3,368.00 $1,734,520.00 $4,100.00 $2,111,500.00 $3,567.00
18 Point Repair LF 220 $1,178.00 $259,160.00 $1,050.00 $231,000.00 $1,115.75
19 Replace Rodhole EA 3 $6,485.00 $19,455.00 $8,200.00 $24,600.00 $6,446.25
20 Rehabilitate Manhole (Sewer, Type 1-4') EA 89 $4,289.00 $381,721.00 $5,500.00 $489,500.00 $4,584.75
AVERAGE BID
TOTAL - CONTRACT ITEMS $4,448,940.00 $4,940,738.00 $4,255,745.25
bcrane@cityofredding.org btippin@cityofredding.org
Recommendation
Approve the lease agreement relative to Bid Schedule No. 4946, with Mr. John Langum of
Langum Cattle Company, for an initial term from April 1, 2018, through June 30, 2021, with two
one-year options to extend the term at a rate of $2,895 annually, prorated in the first year, with a
two percent annual escalator. This action would allow for livestock grazing at the Stillwater
Business Park to help vegetation management.
Fiscal Impact
Approval of the lease agreement will generate $2,895 annually for the General Fund, with an
annual rent increase of two percent per year. It should be noted that the initial term of the lease
will be 15 months at a prorated cost of $3,618.75.
Alternative Action
The City Council (Council) may choose to not approve the lease agreement and direct staff to
pursue alternative direction. This action would postpone grazing at the southern portion of
Stillwater Business Park pending the outcome of the alternative direction given by the Council.
Background/Analysis
The City of Redding (City) owns approximately 178 acres of property at the Stillwater Business
Park that is available for livestock pasturing. For approximately seven years, the City held a
lease agreement with Glen Hawes for grazing on this property. That lease expired in January
2017 and the land has been vacant since that time.
In order to maintain the property and generate modest income, a Request for Proposals (RFP) to
lease the property was advertised by the City’s Purchasing Division. Four proposals were
accepted on January 16, 2018, and a review committee was assigned to assess the proposals to
Packet Pg. 124
Report to Redding City Council March 1, 2018
Re: 4.11(c)--South Stillwater Grazing Lease Agreement Page 2
determine the candidate best qualified to provide the grazing in these environmentally sensitive
open-space and business park areas. The panel evaluated and ranked the proposals based on the
proposers’ resources available to meet the required grazing responsibilities, a demonstrated
understanding of the grazing plan required with the Stillwater Business Park environmental
document, and experience providing grazing in a similar environment. In addition, the proposers
were required to submit their highest initial 12-month payment, which was used by the
committee after the initial rankings to balance the cost benefit to the City with the grazing
qualifications. Proposal payments ranged from $2,200 to $3,612 annually.
The proposal that best met the selection criteria was submitted by Mr. John Langum. Mr.
Langum’s cost proposal was $2,895 annually, which was comparable to the other cost proposals.
The staff recommendation is to award the three year lease, with two potential one-year
extensions, to Mr. Langum. The annual lease payment will increase automatically by two percent
each year and will be adjusted if any of the parcels are sold for development. Either party may
terminate the lease at any time with 60-days prior written notice. A copy of the lease is available
for review in the Public Works Engineering office.
Attachments
Letter J. Langum
Lease Agreement (available online)
Grazing Area Exhibit A
OL D OREGON TRL
Redding
Municipal
Airport GATE
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GATE
-
LEGEND
GRA ZING ARE A - 17 8± AC RES
CITY LIMITS
FENCE
D GATE
bcrane@cityofredding.org btippin@cityofredding.org
Recommendation
Approve Consent to Assignment of Lease Agreement (C-1256) between the City of Redding
(City), Benton Hangar Association, Gregory Ayala, and Rich Cary for Hangar Space B-5 at
Benton Airpark; and authorize the City Manager, or designee, to execute the Agreement with the
Benton Hangar Association. This action will assign all rights, title and interest in the lease to
Mr. Cary and he will be subject to all terms, covenants, conditions, and obligations of the
Agreement.
Fiscal Impact
There is no fiscal impact in executing the Consent to Assignment of Lease Agreement (C-1256).
Alternative Action
The City Council may choose to not approve the Consent to Assignment of Lease Agreement
and provide Staff with alternate direction. Under this alternative, Mr. Cary will not be allowed
to lease Hangar Space B-5.
Background/Analysis
The City of Redding (City) entered into a Master Ground Lease (Agreement) with the Benton
Hangar Association on October 12, 2001, for the purpose of constructing a new aircraft storage
hangar complex and related improvements at Benton Airpark. The Agreement was amended
once on February 10, 2006, revising the terms of the security deposit. The Agreement expires
February 28, 2032, with one five-year-option to extend, and requires the City’s consent to
transfer or assign individual units. New members are subject to the terms, covenants, conditions,
and obligations required under the lease.
Attachments
This Lease is entered into by and between the CITY OF REDDING a municipal corporation
and general law city referred to in this Lease as City and BENTON HANGAR ASSOCIATION
and REX DANIEL DAVE EVERSON JOHN GREAVES JAMES HOOTEN FRANK LIVOLSI
GEORGE LOEGERING MARK PION RUSS SCHILDT DEL SCHULTE DAVID STARNES
and BRUCE SWANSTON collectively referred to in this Lease as Lessee
A City is the owner of certain real property in the County of Shasta State of California
described and depicted on Exhibits A and B which are attached and made a part of this lease
referred to in this Lease as the Premises
B Lessee desires to lease the property described and depicted on Exhibits A and B
for the purpose of constructing a new aircraft storage hangar complex a connecting taxilane and
other related improvements collectively referred to in this Lease as the Hangar
AGREEMENT
1 01 Agreement to Lease For and in consideration of the rents to be paid and covenants
to be performed by Lessee under this Lease City hereby agrees to lease the Premises to Lessee and
Lessee agrees to lease the Premises from City on the terms and conditions set forth in this Lease
Except as expressly otherwise provided in this Lease the Premises includes the real property plus
any appurtenances and easements described in Exhibits A and B of this Lease exclusive of any
improvements now or hereafter located on the Premises notwithstanding that any such
improvements may or shall be construed as affixed to and as constituting part of the described
Premises and without regard to whether ownership of the improvements is in the City or in the
Lessee
1 02 Term of Lease The initial term of this Lease shall be for a period of thirty 30 years
and six 6 months commencing on September 1 2001 through February 28 2032
1 03 Option to Extend
A Lessee is given the option to extend the term of this Lease on all the
provisions contained in this Lease except for the description of the Premises the amount of monthly
rent and insurance requirements for a five 5 year period following expiration of the initial term
by giving notice of exercise of the option Option Notice to the City at least six 6 months but
1 before the expiration of the initial term Provided that if Lessee is in r
1111
Packet Pg. 154
Il l 9 41 o 7
Page 2
Master Ground Lease Benton Hangar Association
material default on the date of giving the option notice the option notice shall be totally ineffective
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
unless cured by Lessee within thirty 30 days of the date of the option notice or if the default
cannot be cured within the thirty 30 day period Lessee shall have commenced and be diligently
pursuing the cure within the thirty 30 day period If Lessee is in material default on the date the
extended term is to commence the extended term shall not commence and this Lease shall expire at
the end of the initial term
B As set out in Section 7 13 title to all the improvements on the Premises shall
vest in the City at the expiration of the initial term of this Lease or upon the earlier termination of
this Lease Thus any exercise by Lessee of the option to extend this Lease shall constitute an
exercise of an option to enter into a lease of the Premises and any and all improvements existing or
constructed on the Premises New Premises
C The City shall determine the monthly rent for the New Premises based upon a
percentage of the fair market The City shall at its sole cost establish such monthly rent by
value
real estate appraiser with at least five 5 years full time commercial appraisal
appointing a
experience including appraisal of properties utilized for aviation related purposes to render an
opinion of the monthly rent of the New Premises The monthly rent shall by calculated by
multiplying the Fair Market Value times nine 9 percent divided by twelve 12
D Upon the determination of the monthly rent for the New Premises during the
extended term City and Lessee shall execute an addendum to this Lease setting forth the description
of the New Premises showing title to all the improvements vested in City a statement of the
monthly rent and the insurance requirements during the extended term
2 01 Benton Hangar Association Lessee and each of them shall be responsible for
out the Articles within this Lease Each Member of the Association shall abide by the
carrying
Master Ground Lease and the Benton Hangar Association By Laws The Association s By Laws are
attached as Exhibit C and incorporated herein by reference Any amendments to the Association s
By Laws shall be filed with the Airport Manager s office and subject to prior approval by the
Airports Manager
have the right to sell sublease or rent their interest of the individual hangar units subject to the prior
written approval of the City The Airports Manager shall respond to the request for transfer or
assignment within 30 days All the conditions requirements and provisions of this Lease
be
shall be required
sublessee or renter shall
sublessees or renters Each member
assigned to new members
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
to sign a Benton Hangar Association Hangar License Agreement The Association shall furnish
fully executed copies of the Hangar License Agreement to the Airports Manager
3 01 Lessee agrees to pay to City monthly Lease Fees during the term of this
Lease Fee
additional twelve 12 month period through February 28 2022 Lessee shall pay to the City as the
monthly Lease Fee the sum of the then current monthly Lease Fee increased by three percent 3
C Commencing on March 1 2022 Lessee shall pay to the City as the monthly
Lease Fee the sum of the then current monthly Lease Fee increased by seven percent 7
Thereafter upon the commencement of each additional twelve month period Lessee shall pay to the
City as the monthly Lease Fee the sum of the then current monthly Lease Fee increased by seven
percent 7 or
Prior to October 1 2001 the Benton Hangar Association shall have the option to
provide the City of Redding with a fee in the amount of Three Thousand Five Hundred Dollars
3 500 00 which shall be payment made in lieu of the City annually increasing the amount of
percent during March 1 2022 through February 28 2032 If said fee is
Lease Fees by seven 7
paid the monthly Lease Fee will only be increased annually by three percent 3
Said fee is non
refundable
Section 3 01 of this Lease shall be paid by Lessee on a monthly basis on the first day of each
calendar month All Lease Fees required under this Lease shall be paid to City addressed to the City
Treasurer at 777 Cypress Avenue Redding California 96001 or any other place or places that City
may designate by written notice to Lessee Lease Fees not paid when due are subject to late fees and
penalty charges as shown in City s then current Schedule of Fees and Service Charges and are
subject to interest at the then maximum legal rate from the date the Lease Fee was due to the date
Lessee actually pays the rent
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
ARTICLE 4 PERFORMANCE BOND
4 01 Performance Bond
A Lessee will post with the City Clerk of the City a performance bond or a letter
of credit in favor of theCity in the amount of Ten Thousand Dollars 10 000 00 to assure payment
under the terms of this Lease For the purpose of this Lease this is construed to mean a negotiable
instrument issued by a National or State insurance company or bank doing business within the State
of California in a form acceptable to the City Cancellation of the performance bond or letter of
credit for whatever reason shall forthwith terminate this Lease
B In addition to the performance bond and letter of credit the City will accept a
Certificate of Deposit
CD made out to the City Such CD shall provide for the City s absolute
right to attach to the CD at any time during the Lease term in an amount up to and including Ten
Thousand Dollars 10 000 00 and shall effectuate the City s ability to do same Any CD
contemplated by Lessee with respect to this Lease must be received and deemed acceptable by the
City Attorney of the City
C Lessee shall furnish the City with a copy of the performance bond letter of
credit or CD Lessee shall maintain and renew the performance bond letter of credit or CD as
necessary to remain in force throughout the term of this Lease or any extension thereof and sixty
60 days after the expiration or termination of this Lease The performance bond letter of credit or
CD may be called by the City upon expiration of thirty 30 days after any fee required to be paid
under this Lease becomes due and payable
D At the sole discretion of the City a claim may be made by the City against the
performance bond letter of credit or CD in the event of one of the following
4 Removal and storage expenses incurred by the City if Lessee does not
30 days after this Lease
promptly remove Lessee s property from the Premises within thirty
expires or is terminated or
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
6 Failure to complete construction of the hangar public restroom or
other improvements within the time limits set forth in Article 7 02 and 7 09
E A claim made by the City against the performance bond letter of credit or CD
shall not cure the default by Lessee However at the City s sole discretion if the City elects to
make a claim against the performance bond letter of credit or CD the City may in writing
expressly waive the default by Lessee If the City make a claim against the performance bond letter
of credit or CD and elects to waive the default by Lessee Lessee shall restore the performance bond
letter of credit or CD to the full amount of Ten Thousand Dollars 10 000 00 within fifteen 15
days of the City s written waiver of the default Lessee s failure to restore the performance bond
letter of credit or CD as provided in this section shall constitute a separate default of this Lease
5 01 Use of Premises
Lessee shall use the Premises solely for the purpose of constructing and maintaining
an aircraft storage hangar Lessee shall not use the premises for commercial activities nor change
the use of the Premises to non aviation activities without first obtaining the written consent of City
which consent shall not be unreasonably withheld
5 02 Compliance With Laws Lessee shall at Lessee s own cost and expense comply
with all statutes ordinances regulations and requirements of all governmental entities both federal
and state and county or municipal including those requiring capital improvements to the Premises or
New Improvements relating to any use and occupancy of the Premises and specifically not limited
to any particular use or occupancy by Lessee whether those statutes ordinances regulations and
are now in force or are subsequently enacted If any license permit or other
requirements
governmental authorization is required for the lawful use or occupancy of the Premises or any
portion of the Premises the Lessee shall procure and maintain it throughout the term of this Lease
The judgment of any court of competent jurisdiction or the admission by Lessee in a proceeding
brought against Lessee by any government entity that Lessee has violated any such statute
ordinance regulation or requirement shall be conclusive as between City and Lessee and shall
constitute grounds for termination of this Lease by City
5 03 Prohibited Uses Except as provided in Section 5 01 Lessee shall not carry out any
commercial activities on the Premises including but not limited to leasing renting or in any way
utilizing Lessee s or Sublessee s aircraft for profit unless City so authorizes such use pursuant to
Section 5 01 Lessee shall not sell fuel to any other person or entity nor shall Lessee engage in any
commercial activity on the Premises that competes with services provided by City or a Fixed Base
Operator FBO located at the Airport Lessee may not store items on the Premises except for those
items as provided for in Section 5 01 without the written permission of the Airports Manager
Lessee shall not use or permit the Premises or any portion of the Premises to be improved
developed used or occupied in any manner or for any purpose that is in any way in violation of any
valid law ordinance or regulation of any federal state county or local
the
governmental agency body
maintenance or commission
commit or permit
Lessee shall not maintain
or entity Furthermore
of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
Premises or any part of the Premises
A For purposes of this Section hazardous materials include but are not limited
to
Environmental Protection Agency Report No 56 5 85 024 June 1985 whether or not friable or
any related or successor report or other applicable government regulations defining or describing
such materials
substances or waste as those terms or similar terms are defined by any other federal state or local
law or regulation or orders
B Except as otherwise permitted in this Lease Lessee shall not use create store
substances or materials on the Premises Fuel stored in a motor vehicle
or allow any hazardous
aircraft or other mechanical device powered by an internal combustion or turbine engine for the
exclusive use in the mechanical device and household products necessary for routine
for
cleaning and current needs
Premises may be kept on the Premises in quantities reasonable
maintenance of the
Breach of any of these covenants terms and conditions shall give City the right to immediately
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
terminate this Lease Lessee shall be responsible at Lessee s sole expense and obligation for the
legal removal and disposal of hazardous materials or substances introduced to the Premises during
the term of the Lease and for any cleanup and decontamination of the Premises due to the presence
of any hazardous materials on the Premises during the term of this Lease The standard for cleanup
and decontamination shall be as established by the governmental agency or agencies which have
jurisdiction over the hazardous materials or substances which are the subject of the cleanup or
decontamination Lessee shall give all notices required by law to the governmental agency or
agencies which have jurisdiction over the hazardous materials or substances which are present or
introduced on the Premises by whatever means and without consideration to whether or not Lessee
was responsible for such introduction A copy of such notice shall be provided to City as provided
by Section 15 05 of this Lease
C Lessee agrees to indemnify protect hold harmless and defend City elected
officials its officers employees volunteers and agents from and against any and all liability
including withoutlimitation 1 all foreseeable and unforeseeable consequential damages directly
or indirectly arising from the use generation storage or disposal of hazardous materials including
those permitted to be used or stored on the Premises by Lessee and 2 the cost of any required or
necessary repair cleanup or detoxification and the preparation of any closure or other required
plans to the full extent that such liability is attributable directly or indirectly to the presence or use
generation storage release threatened release or disposal of hazardous materials including those
permitted to be used or stored on the Premises by any person on the Premises during the term of this
Lease
5 05 Aircraft External Parking No aircraft shall park on the taxilanes in such a manner
as to block access by other hangar tenants with the temporary exception of when the T hangar tenant
is in the process of removing or storing their aircraft At no times will it be acceptable for any
aircraft to block even partially the eastside taxiway
6 01 Taxes Lessee shall promptly pay before delinquency any taxes and or special
assessments assessed against the Premises and any improvements and or Lessee s personal property
its use and or occupancy of the Premises
On
any possessory interest tax levied by
and reason of
demand from the City Lessee shall furnish the City with satisfactory evidence of these payments
6 02 Proration of First and Last Year Taxes Notwithstanding the provisions of Section
6 01 of this Lease all taxes assessments or other charges levied or assessed during the tax years in
which the term of this Lease commences and ends for which City is liable shall be prorated between
City and Lessee as of 12 01 a m on the date the term commences and on the date the term ends
respectively on the bases of tax years that commence on July 1 and end on June 30 of each year
6 03 UtilitiesLessee shall pay or cause to be paid prior to delinquency any and all
utilities furnished to the Premises including without limitation electricity gas water telephone
other public utilities Lessee shall be responsible for the removal of garbage and
services and
rubbish from the Premises Lessee shall hold the City free and harmless from all charges for the
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
furnishing of utilities to the Premises
Landscaping The City shall be responsible for maintaining the landscaping and
6 04
agrees to incur the cost of providing irrigation water to the landscaped planters after the landscaping
has been accepted by the City
7 01 Duty to Construct Lessee shall at Lessee s sole cost and expense construct or cause
the Premises hangar complex 286 by 54 a connecting
to be constructed on an aircraft storage
taxilane and other related improvements the Hangar and a public restroom in the manner and
according to the terms and conditions specified in this Article The duty to constructthefor the Hangarif
or any other improvements includes the duty for site preparation including removal
necessary of any buildings or other structures located on the Premises the installation or relocation
of any utilities and the obtaining of any and all necessary permits including building permits
7 02 No later than six months after the Permit of Occupancy for the
Public Restroom
Hangar has been issued Lessee shall complete construction of the public restroom at no cost to the
City The design and location of the public restroom shall be approved by the City Building Official
and the Airports Manager Ownership and control of the public restroom shall vest immediately in
the City of Redding upon acceptance of said improvements by the City
7 03 Requirement of City s Written Approval No structure or other improvement of
until the plans specifications and
be the Premises unless and
any kind on
shall constructed
proposed location of that structure or improvement have been approved in writing by the Airports
Manager The submission of plans for the Airport Manager sapproval isfor review of preliminary
site layout plans and building elevations and is not intended to be nor shall it be deemed a
Furthermore no structure or other
submission for purposes of receiving a building permit
improvements shall be constructed on the Premises that does not comply with plans specifications
and locations approved in writing by City
7 04 Preparation and Submission of Plans Lessee shall at Lessee s own cost and
expense engage a licensed contractor architect or engineer to prepare plans and specifications for
the Hangar or any other improvements and shall submit to the Airports Manager for approval
A Within ninety 90 days from the effective date of this Lease two copies of
1 Drawings and materials in the form of preliminary plans and
elevations sufficient to convey the architectural design of the Hangar or any other improvements to
City and
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
and Building Divisions concurrent with the Airports Manager s review
B Within ninety 90 days after approval by Airports Manager of the items
specified in subsection A of this Section and the obtaining by Lessee of any building permit
variance use permit or rezoning or administrative permit required for the Hangar or any other
improvement two copies of
City shall mean the Airports Manager Nothing contained in Article 7 is intended to address the
timing of the City Building Division Within fifteen 15 days after receipt by City of any of the
documents submitted to City for approval pursuant to Section 7 04 A of this Lease the City shall
either approve those documents by endorsing City s approval on each such document and returning
one set of the documents to Lessee or City shall give written notice to Lessee of any objections City
may have to those documents Within thirty 30 days after service on Lessee of the written notice of
City s objections Lessee shall deliver corrective amendments to the documents to City and City
shall within ten 10 days after receiving the corrective amendments serve written notice on Lessee
approval or rejection of the documents as so amended City s failure to comply with the
of City s
times stated herein shall not constitute approval of Lessee s plans City s approval pursuant to this
section is not intended to be nor shall it be deemed to be approval for purposes of receiving a
building permit
7 06 Changes in Plans For the purposes of this Article 7 06 the City shall mean the
Airports Manager After approval by City of the documents described in Section 7 04 B of this
Lease any material change in the plans or specifications for the Hangar shall be approved by the
City City shall give written notice to Lessee of any objections City may have to any proposed
changes within twenty 20 days after a written statement of the proposed changes has been given to
City by Lessee Minor changes in work or materials need not be approved by City but a copy of the
altered plans and specifications reflecting those changes shall be given to City For the purposes of
this Section minor change means one that does not materially change the exterior appearance
internal plan location on the Premises or result in a change in the cost construction of more than Ten
Thousand Dollars 10 000 00
required in the construction of the Hangar or any other improvements including any site preparation
work landscaping work and utility installation work as well as actual construction work on the
Hangar or any other improvements shall be performed under the direction and supervision of a
competent contractor s or agent s licensed and in good standing under the laws of the State of
California Such contractor s may be an employee of Lessee and shall have a current class B
California
license issued by the State of
General Contractor s
A Lessee shall record that Notice of Completion promptly within the time
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
specified by law for the recording of that notice and
B Lessee shall settle and discharge all liens of record claimed by persons who
supplied either labor or materials for the construction of the Hangar or any other improvements
7 08 Compliance With Law and Standards The Hangar or any other improvements shall
on the Premises shall be performed and all buildings or other
be constructed all work
improvements on the Premises shall be erected in accordance with all valid laws ordinances
regulations and orders of all federal state county or local governmental agencies or entities having
jurisdiction over the Premises provided however that any structure or other improvement erected
on the Premises shall be deemed to have been constructed in full compliance with all such valid
laws ordinances regulations and orders when a valid final Certificate of Occupancy entitling
Lessee and sublessees is so authorized of Lessee to occupy and use the structure or other
improvement has been duly issued by proper governmental agencies or entities All work performed
on the Premises pursuant to this Lease or authorized by this Lease shall be done in a good
workmanlike manner and only with new materials of good quality and high standard
7 09 Time for Completion Lessee shall cause construction of the Hangar or any other
improvements to be commenced no later than one hundred eighty 180 days after approval by City
of the documents described in Section 7 04 B of this Lease shall cause construction of the Hangar or
any other improvements to thereafter be diligently pursued without unnecessary interruption and
shall cause the Hangar or other improvement to be completed and ready for occupancy not later than
one hundred eighty 180 days after commencement of its construction Lessee shall be excused for
any delays in construction or commencement of construction caused by the act of the act of any
public enemy acts of God the elements war war defense conditions litigation strikes walkouts
or other causes beyond Lessee s control Lessee shall however use reasonable diligence to avoid
any such delay and to resume construction as promptly as possible after the delay
7 10 Mechanics Liens
A At all times during the term of this Lease Lessee shall keep the Premises and
all improvements now or hereafter located on the Premises free and clear of all liens and claims of
liens for labor services materials supplies or equipment performed on or furnished to the
Premises
B Should Lessee fail to pay and discharge or cause the Premises to be released
from any such lien or claim of lien within twenty 20 days after service on Lessee of written request
from City to do so City may pay adjust compromise and discharge any such lien or claim of lien
on any terms and in any manner that City may deem appropriate unless Lessee is in good faith
contesting opposing or objecting to such lien or claim of lien in compliance with subsection C
below In the event Lessee so fails to pay and discharge or cause the Premises to be released from
any such lien or claim of lien Lessee shall on or before the first day of the next calendar month
following any such payment by City reimburse City for the full amount paid by City in paying
adjusting compromising and discharging that lien or claim of lien including any attorneysinfees
late fees and penalty charges as Cityor
appropriate as shown s
other costs expended by City and
then current Schedule of Fees together with interest at the thenmaximum legal rate from the date of
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
payment by City to the date of repayment by Lessee
C Lessee shall have the right to contest oppose or object in good faith to the
amount or the validity of any liens and claims of liens for labor services materials supplies or
equipment performed on or furnished to the Premises provided that written notice of the contest
opposition or objection must be given to City at least five 5 days prior to Lessee making or filing
the contest opposition or objection Lessee shall be responsible for and shall pay all costs and
expenses in any contest or legal proceeding instituted by Lessee In no event shall City be subjected
to any liability for costs or expenses connected to any contest and Lessee agrees to indemnify and
hold City harmless from any such costs and expenses Furthermore no such contest opposition or
objection shall be continued or maintained unless Lessee has provided to City such further written
assurances as City may require within ten 10 days of City s written request
7 11 Zoning and Use Permits Should Lessee deem it necessary or appropriate to obtain
any building permit use permit variance or rezoning or administrative permit of the Premises in
order to construct or operate the Hangar or any other improvements City agrees to execute any
documents petitions applications and authorizations that may be necessary or appropriate
provided however that any such permits variances or rezoning shall be obtained at the sole cost
and expense of Lessee and Lessee agrees to protect and save City and the property of City including
the Premises free and harmless from any such cost and expense
7 12 No Modification Once Completed Once the Hangar or any other improvement are
completed Lessee shall not modify or change in any material manner the improvements or Hangar
without the prior written consent of City or without securing all appropriate and required permits
Upon receiving such consent Lessee shall proceed as set forth in this Article
7 13 Ownership of Improvements Title to all improvements including the Hangar to be
constructed on the Premises by Lessee shall be owned by Lessee until expiration of thirty 30 years
and six 6 months from the commencement date of this Lease or earlier terminationof this Lease
All improvements including the Hangar on the Premises at the expiration of the term or earlier
termination of this Lease shall without compensation to Lessee then automatically and without any
Lessee shall surrender the improvements to
act of Lessee or any third party become City s property
City at the expiration of the term or earlier termination of this Lease free and clear of all liens and
encumbrances other than those if any permitted under this Lease or otherwise created or consented
to by City Lessee agrees to execute acknowledge and deliver to City any instrument requested by
City as necessary in City s opinion to perfect City s right title and interest to the improvements and
the Premises
Lessee shall have the right to remove such personal property machinery and equipment as
may be removed without threat to the structural integrity of any building or improvement
such items Lessee
its
shall repair such
If damage
damage at sole expense
results from the removal of any
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
Consent Lessee may at any
8 01 Lessee s Right to Encumber Upon Prior Written
time and from time to time during the term of this Lease encumberLender
to any institutional lender
regulated by state or federal authority Leasereferred to in this as a by deed of trust or
mortgage or other security instrument all of Lessee s interest under this Lease and the leasehold estate
in Lessee referred
Leasehold Encumbrance
to in this Lease as a for any purpose or
hereby created
purposes only upon the prior written consent of Lessor However no Leasehold Encumbrance
incurred by Lessee pursuant to this Section shall and Lessee shall not have power to incur any
encumbrance that shall constitute in any way a lien or encumbrance on the Lessor s fee interest in the
Premises Any Leasehold Encumbrance shall be subject to all covenants conditions and restrictions
set forth in this Lease and to all rights and interests of Lessor except as is otherwise provided in this
Lease Lessee shall give Lessor prior written notice of any proposed Leasehold Encumbrance
together with a copy of the deed of trust mortgage or other security interest evidencing the Leasehold
Encumbrance
8 02 Notice to and Service on Lender Lessor shall mail to any Lender who has given
Lessor written notice of its name and address a duplicate copy of any and all notices Lessor may from
time to time give to or serve on Lessee pursuant to or relating to this Lease including but not limited
to any notice of default notice of termination or notice regarding any matter on which Lessor may
predicate or claim a default Any notices or other communications permitted by this or any other
Section of this Lease or by law to be served on or given to Lender by Lessor shall be deemed duly
served on or given to Lender when deposited in the United States mail first class postage prepaid
addressed to Lender at the last mailing address for Lender furnished in writing by the Lender to
Lessor
2 Acquire and succeed to the interest of Lessee under this Lease by virtue
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
of any foreclosure sale whether the foreclosure sale is conducted pursuant to a court order or pursuant
to a power of sale contained in the Security Instrument or by virtue of an assignment in lieu of
foreclosure
Lender shall give Lessor notice of any action taken pursuant to this Section by written notice
to Lessor not less than ten 10 days from the date of such action
8 05 Right of Lender to Cure Defaults For as long as there is in effect any Leasehold
Encumbrance before Lessor may terminate this Lease because of any default under or breach of this
Lease by Lessee Lessor must give written notice of the default or breach to Lender and afford Lender
the opportunity after service of the notice to
A Cure the breach or default within ten 10 days after expiration of the time
period granted to the Lessee under this Lease for curing a default when the default can be cured by
the payment of money to Lessor or some other person
Cure the breach default within five 5 days after expiration of the time
B or
period granted to the Lessee under this Lease for curing a default when the breach or default must be
cured by something other than the payment of money and can be cured within that time or
Cure the breach or default in any reasonable time that may be required when something other
than money is required to cure the breach or default and cannot be performed within five 5 days
after expiration of the time period granted to the Lessee under this Lease for curing a default provided
that acts to cure the breach or default are commenced within that time period after service of notice of
Lender For the purposes of
default on Lender by Lessor and are thereafter diligently continued
by
this Section reasonable time means twenty 20 days unless otherwise agreed in writing by Lessor
8 06 Assignment With Consent on Foreclosure A transfer of the Lessee s leasehold
interest under this Lease to any of the following shall require the prior written consent of Lessor
A A purchaser at a foreclosure sale of the Leasehold Encumbrance whether the
foreclosure sale is conducted pursuant to court order or pursuant to a power of sale in the instrument
creating the encumbrance provided the Lender under the Leasehold Encumbrance gives Lessor
written notice of the transfer including the name and address of the purchaser and the effective date
of the transfer
8 07 New Lease to Lender Notwithstanding any other provision of this Lease should this
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
Lease terminate because of any default under or breach of this Lease by Lessee Lessor agrees to enter
into a new lease for the Premises with the Lender under a Leasehold Encumbrance as Lessee
provided
A A written request for the new lease is served on Lessor by Lender within three
3 days after service on Lender of the notice described in Section 8 05 of this Lease
B The new lease is for a term ending on the same date the term of this Lease
would have ended had this Lease not been terminated provides for the payment of rent at the same
rate that would have been payable under this Lease during the remaining term of this Lease had this
Lease not been terminated and contains the same terms covenants conditions and provisions as are
contained in this Lease except those that have already been fulfilled or are no longer applicable
C Lender on execution of the new lease by Lessor shall pay any and all sums
that would at the time of the execution of the new lease be due under this Lease but for its termination
and shall otherwise fully remedy or agree in writing to remedy any other defaults under or breaches
of this Lease committed by Lessee that can be remedied
D Lender on execution of the new lease shall pay all reasonable costs and
expenses including attorneys fees and court costs incurred in terminating this Lease recovering
possession of the Premises from Lessee or the representative of Lessee and preparing the new lease
E The new lease shall be subject to all existing subleases between Lessee and
sublessees provided that for any sublease the sublessees agrees in writing to attorn to Lender or its
assignee
F The new lease shall be assignable by Lender and any assignee of Lender upon
the prior written consent of Lessor
provisions of Sections 8 04 and 8 07 for a period of thirty 30 days from the date that Lessor
receives notice of foreclosure of a Leasehold Encumbrance the Lessor shall have the first option of
assuming or discharging said lien created thereby at its actual face value and according to the terms
thereof and thereupon terminate this Lease and all interest in it or relet the Premises as it sees fit
8 09 NoMerger of Leasehold and Fee Estates For as long as any Leasehold
Encumbrance is in existence there shall be no merger of the leasehold estate created by this Lease and
the fee estate of Lessor in the Premises merely because both estates have been acquired or become
vested in the same person or entity unless the Lender otherwise consents in writing
8 10 Lender as Assignee of Lease No Lender under any Leasehold Encumbrance shall be
liable to Lessor as an assignee of this Lease unless and until Lender acquires all rights of Lessee under
this Lease through foreclosure an assignment in lieu of foreclosure or Encumbrance
as a result of some other action
law instrument creating the Leasehold
or remedy provided by or by the
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
8 08 the term Lender as used in this Lease shall mean not only the institutional lender that loaned
money to Lessee and is named as beneficiary mortgagee secured party or security holder in the
Security Instrument creating any Leasehold Encumbrance but also all subsequent purchasers or
assignees of the leasehold interest secured by the Leasehold Encumbrance
8 12 Two or More Lenders In the event two or more Lenders each exercise their rights
under this Lease and there is a conflict that renders it impossible to comply with all requests of the
Lenders the Lender whose Leasehold Encumbrance would have senior priority in the event of a
foreclosure shall prevail
9 01 Maintenance by Lessee At all times during the term of this Lease Lessee shall at
the Premises all improvements and all
Lessee s own cost and expense keep and maintain
appurtenances now or hereafter on the Premises in good order and repair and in a safe and clean
condition
D Indemnify and hold City and the property of City including the Premises free
and harmless from any and all liability loss damages fines penalties claims and actions resulting
from Lessee s failure to comply with and perform the requirements of this Section
9 03 Lessee s Duty to Restore Premises If at any time during the Initial Term of this
destroyed in whole or in part by fire
hereafter on the Premises are
Lease any improvements now or
theft the elements or any other cause not the fault of City this Lease shall continue in full force and
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
effect and Lessee at Lessee s own cost and expense shall repair and restore the damaged
improvement s Any restoration by Lessee shall comply with original plans for the improvements
described in Article 7 except as may be modified by Lessee to comply with the terms of any
sublease of the improvements or except as may be otherwise modified by Lessee and approved in
writing by City The work of repair and restoration shall be commenced by Lessee within thirty 30
days after the damage or destruction occurs and shall be completed with due diligence not later than
one hundred eighty 180 days after the work is commenced In all other respects the work of repair
and restoration shall be done in accordance with the requirements for original construction work on
the Premises set forth in Article 7 of this Lease Lessee s obligation for restoration described in this
Section shall exist whether or not funds are available from insurance proceeds
9 05 Application of Insurance Proceeds Any and all fire or other insurance proceeds that
become payable at any time during the term of this Lease because of damage to or destruction of any
improvements on the Premises shall be paid to Lessee and applied by Lessee toward the cost of
repairing and restoring the damaged or destroyed improvements in the manner required by Section
9 03 of this Lease or if this Lease is terminated pursuant to Section 9 04 paidimprovements
by Lessee to City
For
deduction for any remaining un amortized value Lessee has in the
less a
ARTICLE 10 INDEMNITY
10 01 Indemnity Agreement Lessee shall indemnify and hold City and the property of
City including the Premises and improvements now or hereafter on the Premises free and harmless
from any and all liability claims loss damages or expenses including recommended attorney s
fees resulting from Lessee s occupation and use of the Premises specifically including without
limitation any liability claim loss damage or expense arising by reason of
The death or injury of any person including Lessee or any person who is an
A
employee or agent of Lessee or by reason of the damage to or destruction of any property including
property owned by Lessee or by any person who is an employee or agent of Lessee from any cause
whatever while that person or property is in or on the Premises or in any way connected with the
Premises or with any of the improvements or personal property on the Premises except to the extent
attributable to the negligent or intentional acts or omissions of City
B The death or injury of any person including Lessee or any person who is an
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
employee or agent of Lessee or by reason of the damage to or destruction of any property including
property owned by Lessee or any person who is an employee or agent of Lessee caused or allegedly
caused by either 1 the condition of the Premises or some building or improvement on the Premises
or 2 some act or omission on the Premises of Lessee or any person in on or about the Premises
with the permission and consent of Lessee
E For purposes of this Section City shall include its elected officials officers
employees agents and volunteers
ARTICLE 11 INSURANCE
The Lessee shall procure and maintain for the duration of the Agreement insurance for claims for
injuries to persons or damages to property which may arise from or in connection with the Lessee s
operation and or use of the leased premises by the Lessee it s members agents representatives
employees contractors subcontractors and invitees The cost of such insurance shall be borne by
the Lessee
occurrence form CG
Insurance Services Office Commercial General
coverage
Kj 1 Liability
0001
4 Property Insurance against all risks of loss to any tenant improvements or betterments The
policy shall contain a waiver of subrogation in favor of City its officers officials agents
employees and volunteers
5 Course of Construction insurance form providing coverage for all risks of loss
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
Minimum Limits of Insurance
1 General Liability 1 000 000 per occurrence for bodily injury personal injury and property
damage If Commercial General Liability insurance or other form with a general aggregate
limit is used the general aggregate limit shall be twice the required per occurrence limit
2 Automobile Liability 1 000 000 per accident for bodily injury and property damage
3 Employers Liability 1 000 000 per accident for bodily injury or disease
4 Property Insurance Full replacement cost current value with no coinsurance penalty
provision
The General Liability and Automobile Liability policies are to contain or be endorsed to contain the
following provisions
1 The City its officers officials employees agents and volunteers are to be covered as
insureds as respects liability arising out of work performed by or on behalf of the Lessee
products and completed operations of the Lessee premises owned occupied or used by the
leased hired or borrowed by the Lessee The coverage shall
Lessee or automobiles owned
contain no special limitations of the scope of protection afforded to the City its officers
officials employees agents or volunteers
2 For any claims related to this project the Lessee s insurance coverage shall be primary
employees Any
agents or volunteers
insurance as respects the City its officers officials
insurance or self insurance maintained by the City its officers officials employees agents
or volunteers shall be excess of the Lessee s insurance and shall not contribute with it
3 Each insurance policy required by this clause shall be endorsed to state that coverage shall
not be canceled except after thirty 30 days prior written notice has been given to the City
Acceptability of Insurers
A M Best s rating of no less than A VII
Insurance is to be placed with insurers with a current
Verification of Coverage
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
Lessee shall furnish the City with certificates of insurance and original endorsements effecting
coverage required by this The endorsements are to be signed by a person authorized by that
clause
insurer to bind coverage on its behalf All endorsements are to be received and approved by the City
before Lease commences
The City shall have the right to review the insurance requirements on March 1 2012 and March 1
2022 and thereafter make amendments to the insurance requirements set out in the Master Lease
Agreement
Each individual T Hangar Tenant shall procure and maintain aircraft liability insurance against
liability for financial loss resulting from bodily injury including death or personal injury and
damage to property caused by the ownership operationhangar
storage and use of the aircraft arising from
The limits of liability shall be
individual T units
or related to the ownership and use of
co
no less than One Hundred Thousand Dollars 100 000 00 per person occurrence The cost of such
insurance shall be borne by the individual T Hangar Tenant
The City of Redding its elected officials officers employees and volunteers shall be added
as additional insureds The policy shall be endorsed to state that it shall not be canceled Aor certificate
the limits
being provided to the City of Redding
reduced prior to thirty 30 days written notice
reserves the right in its sole discretion to revise these insurance requirements at any time with thirty
30 days prior written notice to Lessee Benton Hangar Association shall be responsible for
ensuring that each individual T Hangar tenant complies with Section 11 02
ARTICLE 12 ASSIGNMENT
12 01 Voluntary Assignment Lessee shall not voluntarily assign encumber or sublet its
interest in this Lease or in the Premises or allow any other person or entity except its authorized
representatives to occupy or use all or any part of the Premises without first obtaining the City s
prior written consent Any assignment or encumbrance without
default
the this
City Lease
s consentNoshall
of
be voidable
consent to any
constitute a
and at the sole election of the City shall
assignment or encumbrance shall constitute a further waiver of the provisions of this paragraph
13 01 Lessee s Default The occurrence of any of the following shall constitute a default
this Lease
by Lessee under
A Lessee s failure to pay when due any Rent required to be paid under this Lease
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
if the failure continues for three 3 days after written notice of the failure from City to Lessee
B Lessee s failure to provide any instrument or assurance as required by this
Lease if the failure continues for ten 10 days after written notice of the failure from City to Lessee
C Lessee s failure to perform any other obligation under this Lease if the failure
continues for thirty 30 days after written notice of the failure from City to Lessee except in those
instances where the cure would require more than thirty 30 days and Lessee is diligently seeking to
cure the default then the time shall be a reasonable period of time for the given circumstances
13 03 Termination of Lease Upon the occurrence of a default that is not timely cured by
Lessee City may terminate this Lease and recover possession of the Premises
Premises surrender
Once City has
City In addition to any
the to
terminated this Lease Lessee shall immediately
other remedy available to City as set out in Section 7 13 title30to and
all the improvements on the
six 6 months from the
years
Premises shall vest in City at the expiration of thirty
commencement date of this Lease or earlier termination of this Lease On termination of this Lease
City may recover from Lessee all of the following
A The worth at the time of the award of any unpaid rent that had been earned at
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
the time of the termination to be computed by allowing interest at the maximum amount of interest
permitted by law
B The worth at the time of the award of the amount by which the unpaid rent
that would have been earned between the time of the termination and the time of the award exceeds
the amount of unpaid rent that Lessee proves could reasonably have been avoided to be computed
by allowing interest at the maximum amount ofinterest permitted by law
C The worth at the time of the award of the amount by which the unpaid rent for
the balance of the Lease term after the time of the award exceeds the amount of unpaid rent that
Lessee proves could reasonably have been avoided to be computed by discounting that amount at
the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one
percent 1
D Any other amount necessary to compensate City for all the detriment
proximately caused by Lessee s failure to perform obligations under this Lease including brokerage
commissions and advertising expenses expenses of remodeling the Premises for a new Lessee
whether for the same or a different use and any special concessions made to obtain a new Lessee
and
E Any other amounts in addition to or in lieu of those listed above that maybe
permitted by applicable law
13 05 Form of Payment After Default If Lessee fails to pay any amount due under this
Lease within three 3 days after the due date or if Lessee draws a check on an account with
insufficient funds City shall have the right to require that any subsequent amounts paid by Lessee to
City under this Lease to cure a default or otherwise be paid in the form of cash money order
cashier s or certified check drawn on an institution acceptable to City or other form approved by
City despite any prior practice of accepting payments in a different form
13 06 Efforts To Relet For purposes of this Section 13 Lessee s right to possession shall
not be considered to have been terminated by City s efforts to relet the Premises by City s acts of
maintenance or preservation with respect to the Premises or by appointment of a receiver to protect
City s interests underLessee
this Lease This list is merely illustrative of acts that may be performed by City
s right to possession
without terminating
13 07 Acceptance of Rent Without Waiving Rights City may accept Lessee s payments
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
without waiving any rights under this Lease including rights under a previously served notice of
default If City accepts payments after serving a notice of default City may nevertheless commence
and pursue an action to enforce rights and remedies under the previously served notice of default
without giving Lessee any further notice or demand
13 08 Lessee s Remedies on City s Default Lessee waives any right to terminate this
Lease and to vacate the Premises on City s default under this Lease Lessee s sole remedy on City s
default is an action for damages or injunctive or declaratory relief
does not become effective until the procedures of 49 CFR Part 21 are followed and completed
including expiration of appeal rights
D That Lessee shall furnish its accommodations and or services on a fair equal
and not unjustly discriminatory basis to all users thereof and it shall charge fair reasonable and not
Lessee may be
provided that to
allowed
discriminatory prices for each unit or service
unjustly
make reasonable and nondiscriminatory discounts rebates or other similar type of price reductions
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
to volume purchasers
The Lessee for himself his personal representatives successors in interest and
assigns as a part of the consideration hereof does hereby covenant and agree as a covenant running
with the land that 1 no person on the grounds of race color or national origin shall be excluded
from participation in denied the benefits of or be otherwise subjected to discrimination in the use of
saidfacilities 2 that in the construction of any improvements on over or under such land and the
furnishing of services thereon no person on the grounds of race color or national origin shall be
excluded from participation in denied the benefits of or otherwise be subjected to discrimination
and 3 that the Lessee shall use the premises in compliancewith all other requirements imposed by
or pursuant to 49 CFR Part 21 Nondiscrimination in Federally Assisted Programs of the Department
of Transportation and as said Regulations may be amended
H That the City reserves the right to further develop or improve the landing area
of the airport as it sees fit regardless of the desires or view of Lessee and without interference or
hindrance
I That the City reserves the right but shall not be obligated to Lessee to
maintain and keep in repair the landing area of the airport and all publicly owned facilities of the
airport together with the right to direct and control all activities of Lessee in this regard
J That this Lease shall be subordinate to the provisions and requirements of any
existing or future Lease between the City and the United States relative to the development
operation or maintenance of the airport
surface of the Premises herein leased This public right of flight shall include the right to cause in
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
said airspace any noise inherent in the operation of any aircraft used for navigation or flight through
the said airspace or landing at taking off from or operation on the Benton Airpark
L That Lessee agrees to comply with the notification and review requirements
covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building
is planned for the Premises or in the event of any planned modification or alteration of any present
or future building or structure situated on the Premises
representatives successors and
M That Lessee its officers administrators
assigns will not erect nor permit the erection of any structure or object nor permit the growth of any
or vegetation on the Premises above ground level elevation of eighty 80 feet In the event the
tree
aforesaid covenants are breached the City reserves the right to enter upon the Premises and to
remove the offending structure or object and cut the offending tree or vegetation all of which shall
be at the expense of Lessee
assigns will not make use of the Premises in any manner which might interfere with the landing and
from Benton Airpark or otherwise constitute a hazard In the event the
off of aircraft
taking
aforesaid covenant is breached the City reserves the right to enter upon the Premises and cause the
abatement of such interference at the expense of Lessee
P That this Lease and all the provisions hereof shall be subject to whatever right
the United States Government now has or in the future may have or acquire affecting the control
operation regulation and taking over of the Benton Airpark or the exclusive or non exclusive use of
the airport by the United States during the time of war or national emergency
ARTICLE 15 MISCELLANEOUS
15 01 Signage Lessee may not erect signs and advertising and place the signs upon the
improvements or Premises without the prior written consent of the Airports Manager which
approval will not be unreasonably withheld Any signs shall comply with the City of Redding Sign
Ordinance
1 The Hangar shall have a name sign no greater than three feet by four
the Hangar which are visible to the airport A
in the three sides of
feet 3 x 4 size on each of
Hangar name sign shall not be installed on the side of the building facing the road
2 Each hangar unit shall have a number sign no greater than two feet by
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
three feet 2 x 3 in size located at each hangar unit s door way
volunteers contractors subcontractors and other representatives shall have the right to inspect the
Premises for any purpose including but not limited to the following purposes
A Upon twenty four 24 hour notice to inspect the Premises at reasonable
intervals during regular business hours or at any time in case of emergency to determine whether
Lessee has complied with or is complying with the terms and conditions of this Lease
13 Upon twenty four 24 hour notice to make repairs additions or alterations as
may be necessary or convenient for the conduct safety improvement or preservation ofthe airport
C For emergency purposes
Premises comply with the Uniform Fire Code Lessee agrees to annually schedule an inspection with
City of Redding s Fire Department personnel and to provide access to the Premises during the
inspection period specified by the Fire Department
No entry by or on behalf of City within or upon the Premises shall cause or constitute
a termination of the Lease or be deemed to constitute an interference with Lessee s possession
thereof
15 04 Attorney Fees In any dispute between City and Lessee whether or not resulting in
litigation the prevailing party shall be entitled to recover from the other partyshall
all reasonable costs
include without
limitation reasonable attorney s fees Prevailing party
including without
equal to the relief sought in the action or which receives from the other party in connection with
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
any dispute performance substantially equivalent to any of these
15 05 Notice Except as otherwise expressly provided by law any and all notices required
or permitted to be given under this Lease or by law including notices to any Lender described in
Article 8 of this Lease shall be in writing and shall be deemed properly delivered given or served
when personally delivered to the Lessee or City or in lieu of such personal service sent by United
States mail registered or certified return receipt requested addressed as follows
CITY LESSEE
In the event of personal service notice shall be deemed given when personally served In the
event of service by mail notice shall be deemed to have been given seventy two 72 hours after
deposit of same in the United States mail post box in the State of California postage prepaid
addressed as set forth above or upon the date of the signed return receipt whichever is sooner
Either party may change its address for the purposes of this Section by giving written notice of such
change to the other party in the manner provided in this Section in the event that City changes its
address pursuant to this Section Lessee shall forward a copy of that notice to any Lender described
in Article 8 of this Lease
15 06 Governing Law This Lease and all matters relating to this Lease shall be governed
by the laws of the State of California in force at the time any need for interpretation ofthis Lease or
any decision or holding concerning this Lease arises
15 07 Binding on Heirs and Successors This Lease shall be binding on and shall inure to
the benefit of the heirs executors administrators successors and assigns of the parties hereto but
nothing in this Section shall be construed as a consent by City to any assignment of this Lease or any
interest in the Lease by Lessee except as provided in Article 12 of this Lease
15 08 Partial Invalidity If any provision of this Lease is held by a court of competent
jurisdiction to be either invalid void or unenforceable the remaining provisions of this Lease shall
remain in full force and effect unimpaired by the holding
15 09 Sole and Only Lease This instrument constitutes the sole and only Lease between
City and Lessee respecting the Premises the leasing of the Premises to Lessee the construction of
the Hangar described in this Lease on the Premises and the Lease terms set itsforthdatein this
Lessee to each other as of
Lease and
Any Leases or
representations respecting the Premises their leasing to Lessee by City or any other matter
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
discussed in this Lease not expressly set forth in this instrument are null and void
15 11 Memorandum of Lease for Recording Neither party City or Lessee shall record
this Lease without the written consent of the other However City and Lessee shall at the request of
either at any time during the term of this Lease execute a memorandum or short form of this Lease
for purposes of and in a form suitable for recordation The memorandum or short form of this
Lease shall describe the parties set forth a description of the leased Premises specify the term of
this Lease incorporate this Lease by reference and include any other provisions required by
Lender s
Headings Reference Joint and Several Liability The titles and headings of
15 12 and
the various sections of this Lease are intended solely for convenience of reference and are not
intended to explain modify or place any construction on any of the provisions of this Lease
Masculine and feminine or neutral gender and the singular and the plural number shall each be
considered to include the other whenever the context so requires If either party consists of more
than one person each such person shall be jointly and severally liable
15 13 No Party Deemed Drafter In the event of a dispute between any of the parties
hereto over the meaning of this Lease no party shall be deemed to have been the drafter hereof and
the principle of law that contracts are construed against the drafter shall not apply
15 14 No Waiver No waiver of any provision of this Lease shall be implied by any failure
of City to enforce any remedy for the violation of that provision even if that violation continues or
is repeated Any waiver by City of any provision of this Lease must be in writing Such written
waiver shall affect only the provision specified and only for the time and in the manner stated in the
writing
City s receipt of monies from Lessee after giving notice to Lessee terminating this Lease
shall in no way reinstate continue or extend the Lease term or affect the termination notice given by
City before the receipt of those monies After serving notice terminating this Lease filing an action
or obtaining final judgment for possession of the Premises City may receive and collect any rent
due and the payment of that rent shall not waive or affect such prior notice action or judgment
15 16 Modification of Lease This Lease shall not be altered amended or modified
Lessee
except by a writing signed by City and
15 17 Date of Lease The effective date of this Lease shall be that date that it shall have
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
been signed by City
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Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
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Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
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Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
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BY LAWS
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
OF
ARTICLE I NAME
The name of this organization shall be the BENTON HANGAR ASSOCIATION and
hereinafter referred to as the Association
ARTICLE II OBJECTIVES
The objective of this Association is to enable a group of individuals to negotiate with The
City of Redding and other government entities for lease rights for aircraft storage hangars at
Benton Airpark Further the Association will allocate and collect fees and costs direct arrange
contract or procure the preparation of the land construction of hangars and other necessary items
such as drains taxiways utilities etc and upon completion of the hangars or a discreet portion of
the hangars arrange or procure maintenance insurance utilities and other services incurring to the
Association s mutual benefit The Association shall also interface between the individual lessees
This
City of Redding including administration of lease transfers and
assignments
and the
Association is limited to those hangar lease sites shown in the Master Lease unless otherwise
modified or amended
All members of the Association shall share equally to the best of their ability in the
administration of the affairs of the Association and there shall be no compensation of any kind to
any officer or member of the Association nor shall there be any employees to administer the
business of the Association All hangar leasehold owners shall be a member of the Association
If a hangar leasehold is co owned the co owners may select one of the co owners to represent
their interest or each co owner shall have a percentage of one vote as their co ownership interest in
the leasehold bears Members do not pay dues or fees to the Association for the Association
administrative benefit however all members are required to pay assessments for purchased
services incurring to the mutual benefit of the Association for the construction maintenance and
services required for the hangars provided that said expenses and assessments are approved by the
Association or authorized by the Executive Board of Directors acting on behalf of the Association
ARTICLE 1V DEVELOPMENT PHASE
The phase one project will be developed as shown in The Master Lease This is the first of several
phases
Page 1 of 3
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
An Executive Board shall be elected by the Association membership for a term of one
year The Executive Board shall consist of 2 members The Board shall appoint officers from
Board members to fill the positions of Chairman Secretary and Treasurer The Executive Board
shall perform the duties prescribed by these bylaws by the parliamentary authority adopted by the
Association
1 The term of the Executive Board shall start at the date of incorporation
2 The Executive Board shall meet at least one a year and is required to organize each
phase
4 The Executive Board shall have general supervision of the affairs of the
Association between its business meetings fix the time and place of Association
meetings make recommendations and shall perform other duties as are specified in
these bylaws
5 Should a vacancy in the Executive Board occur the chairman of the Board shall
appoint with the approval of the Board a member to fill the un expired term
The president of The Board shall submit to the Executive Board at least two candidates to
serve on the Executive Board Any member desiring consideration for an Executive Board
position shall notify the President
The Board shallact as the nominating committee and select a slate of officers from all
applicants for approval by a vote of the membership The slate shall be presented to the members
by mailtwo months or more prior to the end of thecurrent year Each member or a duly
appointed proxy of the member shall vote for the candidates If a legal vote is not mailed or
otherwise received by the Secretary the slate shall be deemed to be approved for that vote
ARTICLE VII RULES
The rules contained in the current edition of Roberts Rules of Order shall govern the
Association so long as they are not in conflict with these bylaws
ARTICLE VIII AMENDMENTS
The bylaws can be amended at anytime by one more than one half of the members votes
providing that written notice of the proposed change in bylaws has been submitted 30 days in
advance
Page 2 of 3
The Master Ground Lease with the Benton Hangar Association, et al, dated October 12, 2001,
between the City of Redding, California, ( City) a municipal corporation, and the Benton Hangar
A. Lessee shall post with the City Clerk of the City a security deposit in the form of a
cash or check in favor of the City in the amount of One Thousand Five Hundred
Sixty-Five Dollars ($ 1, 565. 00) to assure payment under the terms of this Lease.
c. At the sole discretion of the City, a claim may be made by the City against the
security deposit in the event of one of the following:
1. Failure on the part of Lessee to make timely payment of any amount due the
City under the terms and conditions of this Lease;
4. Removal and storage expenses incurred by the City if Lessee does not
promptly remove Lessee' s property from the Premises within thirty (30) days
after this Lease expires or is terminated; or
5. Costs incurred by the City at the time this Lease is terminated if Lessee fails
to leave the Premises in satisfactory condition.
6. Failure to
complete construction of the hangar, public restroom or other
improvements within the time limits set forth in Article 7. 02 and 7. 09.
o
E. A claim made by the City against the security deposit shall not cure the default by
Lessee. However, at the City' s sole discretion, if the City elects to make a claim
t\l
against the security deposit, the City may, in writing, expressly waive the default by
Lessee. If the City make a claim against the security deposit and elects to waive the
default by Lessee, Lessee shall restore the security deposit to the full amount of One
Thousand Five Hundred Sixty- Five Dollars ($ 1, 565. 00) within fifteen (15) days of
the City' s written waiver of the default. Lessee' s failure to restore the security
deposit as provided in this section shall constitute a separate default of this Lease.
All other terms and conditions of the Agreement dated October 12, 2001, shall remain in full force
and effect.
The date of this First Amendment shall be the date that it is signed by the City.
IN WITNESS WHEREOF, City and Lessee have executed this First Amendment on the days and
year set forth below:
J""
1:.
CITY OF REDDING,
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A Municipal Corporation
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Dated: 7 2006
Dated: J. r; 2006
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Dated: 1) 1
IoL , 2006 ,
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STARNES FAMILY TRUST
Carol Lee Starnes, Trustee
Attachment: Consent to Assignment (available online) (4.11(g)--Consent to Assignment of Lease Agreement - Benton Hangar Association)
This Association will dissolve at the expiration of the last phase lease Members will be
dropped as their lease expires and the premises are assumed by The City of Redding Those leases
assumed by The City of Redding will not be a part of this Association and will be totally the
responsibility of The City Any accrued assets of the Association accruing to a
of Redding
dropped member will be returned to that member similarly any assessment due from a dropped
member will then be due to the Association
Effective immediately all members and members of the steering committee who shall be
known as Charter members of the Association shall sign below and upon approval of the Master
Lease agreement
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This is to certify that the foregoing is a true and correct copy of the By Laws of the corporation
named in the title of these By Laws and that such By Laws were duly adopted and are currently
in full force and effect
Secretary
Page 3 of 3
bcrane@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.11(h)--Resolution approving the Engineer's Report, confirming the Map for
Landscape Maintenance District (LMD) 01-17 Salt Creek Heights, and approving the mailing of
notices and ballots; and Setting the Public Hearing regarding the formation of LMD 01-17, Salt
Creek Heights for May 1, 2018
Recommendation
Adopt Resolution approving the following relative to the formation of Landscape Maintenance
District (LMD) 01-17 Salt Creek Heights:
(1) Engineer's Report as filed with the City Clerk;
(2) Confirmation of the map of the assessment district contained in the Engineer's Report;
(3) Mailing of notices and ballots; and
(4) Setting the Public Hearing for May 1, 2018, at 6:00 p.m., in the City Council Chambers
located at 777 Cypress Avenue, Redding, California, regarding the formation of LMD
01–17 pursuant to the Landscape and Lighting Act of 1972.
Fiscal Impact
Generally, landscape maintenance districts are self-supporting and there are no fiscal impacts to
the City of Redding’s (City) General Fund.
2. Decline to create a new district. This alternative will require the identification of an
alternative funding source to provide the required maintenance so as not to become a
General Fund obligation.
Background
Like many cities in California, the City of Redding utilizes LMDs to fund the maintenance of
landscaped and other improved areas that directly benefit residential and commercial
developments. Use of LMDs ensures that the majority of maintenance responsibilities are borne
by new growth and not the General Fund and allowable under the Lighting and Landscaping Act
of 1972.
Salt Creek Heights Subdivision (S-15-07/PD-11-07) Condition No. 32 requires property owners
within said subdivision consent to the formation of and participation in a landscape maintenance
district (LMD). The LMD will fund maintenance and upkeep of: irrigation and landscape
associated with the project entrance and parkways, sound walls, a prorated share of park facilities
and fire-fuel management as described in the Engineer’s Report on file with the Clerk’s Office.
The proposed formation of LMD 01-17 will affect a total of 440 residential units, on which
assessments will be levied on the following basis:
To provide for this formation, the Council will be required to adopt the attached resolution
accomplishing the following:
Should the Council approve the resolution, staff will proceed with formation procedures to
establish LMD 01-17. The Lighting and Landscape Act of 1972 requires ballots be mailed to
each property owner and allows the Council to form the district if a simple majority of the ballots
that are returned favor the formation of the LMD. If the formation is approved, results will be
provided to the Shasta County Assessor's Office and the new levy will be placed on the property
owners' property tax bills in December 2018.
The assessment, for Landscape Maintenance 01-17, will include a contingency for the Council to
annually consider a cost escalation tied to the “20 Cities Construction Cost Index” from the most
recent March Engineering News Record effective July 1, 2019 and every July thereafter.
Attachments
Resolution
LMD 1-17 Salt Creek Heights Engineer's Report (available online)
WHEREAS:
A. The City Engineer has filed his Report with the City Clerk pursuant to Streets and
Highways Code Section 22565, et seq., setting forth a full and detailed description of the
improvements, the boundaries of the proposed assessment district and any zones therein,
any bonds or notes to be issued, and the proposed assessments upon assessable lots and
parcels of land within the proposed district.
B. The purpose of the proposed district is to provide maintenance associated with the
landscape improvements, fire fuel management areas and park facilities as conditioned by
the Salt Creek Heights Subdivision (S-15-07/PD-11-07) Conditions of Approval.
Condition 32 requires that the property owners consent to the formation of and
participation in a landscape maintenance district.
C. The City Council proposed to levy the proposed special assessment based on a uniform
special benefit and assessment methodology over all developable lots within the proposed
district.
D. This resolution satisfies those requirements set forth in the Streets and Highways Code
Section 22587.
2. Pursuant to Streets and Highways Code Section 22586, the City Council hereby approves
the Engineer’s Report, as filed with the City Clerk, and thereby confirms and adopts the
map of the assessment district contained in the Engineer’s Report.
3. The City Council finds that the Engineer’s Report has fairly and properly apportioned the
costs of the improvements to each residential unit in the district in proportion to the
estimated benefits to be received by each benefit unit from the improvements.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular
meeting of the City Council on the ____ day of _________, 2018, by the following vote:
Attachment: LMD 1-17 Salt Creek Heights Engineer's Report (available online) (4.11(h)--LMD 01-17 Salt Creek Heights)
District 01-17
Salt Creek Heights
Engineer's Report
Fiscal Year 2018-19
Prepared by
Chuck Aukland, PE
City Engineer
February 2018
The purpose of this report is the formation of Landscape Maintenance District 01-17
“ D i s t r i c t ” and setting the budget and assessments for the upcoming fiscal year. The District
is authorized and will be administered under provisions of the City of Redding
Municipal Code Section 17.60.130, the “Landscaping & Lighting Act of 1972” (California
Attachment: LMD 1-17 Salt Creek Heights Engineer's Report (available online) (4.11(h)--LMD 01-17 Salt Creek Heights)
Streets & Highway Code §22500 et. seq.), “Proposition 218” (Article XIIID of the
California Constitution), and the “Proposition 218 Omnibus Implementation Act” (California
Senate Bill 919). The aforementioned are collectively referred to as “Assessment Law.”
This Engineer’s Report addresses the annual maintenance of identified improvements and
fire fuels management areas within the District.
The District is located in the City of Redding, County of Shasta, State of California. The
District boundary encompasses the Salt Creek Heights Subdivision (S-15-07 & PD-11-07)
and is depicted on the Part A Attachment. The subdivision includes single-family residential,
single-family attached residential and multi-family/apartment land uses.
* Brush management areas are generally 100’ in width, located next to developed
residential pads. 80% to 90% of the existing brush will be cleared with trees being limbed up
to 8 feet. Brush clearing will occur at an approximate 3 year interval.
Attachment: LMD 1-17 Salt Creek Heights Engineer's Report (available online) (4.11(h)--LMD 01-17 Salt Creek Heights)
Wall ball court 1
Sports field structures 1
Playground area with equipment * 2
Irrigation system 1
Trails 3,000 L.F.
Tree and shrub area 60,000 S.F.
Developed turf area 7.0 Acres
The plans and specifications for the identified improvements are on file in the City’s
Development Services Department. The plans depict the plant materials, irrigation system, and
other facilities and appurtenances. The plans and specifications are hereby incorporated into
this report by reference. In addition, the improvements are conceptually depicted on the Part A
Attachment.
The initial expense to install the improvements will be borne by the developer at time of
development. No bonds will be issued in connection with this District.
The assessments are authorized to be indexed (increased) annually based on the published
2 0 Ci t i e s Construction Cost Index compiled by Engineering News Record.
In the event that assessment revenues are insufficient to cover the cost of annual maintenance
activities, services may be reduced to avoid a deficit.
Attachment: LMD 1-17 Salt Creek Heights Engineer's Report (available online) (4.11(h)--LMD 01-17 Salt Creek Heights)
Part D: Analysis of Benefits of Properties Being Assessed
Consistent with City Council Policy Number 1705 (Procedures and Policies Governing
Landscape Maintenance Districts), construction and maintenance of the identified
improvements were conditions of development for the subdivision. The landscaping amenities
beautify the community by improving the unpaved areas that would otherwise become
overgrown and unsightly. The improvements are comprised of landscaped areas with a
mixture of trees, shrubs, drain rock, an irrigation system and other associated amenities
(requiring ongoing maintenance, repair, and weed abatement). The neighborhood park and
associated amenities add to the community aesthetic and provide enhanced recreational
opportunities. These improvements provide a unique character to the area, and increases
the marketability of the lots within the subdivision. Thus the improvements contribute both
to the beautification and the marketability of the lots within the subdivision. The clearing of
brush increases the aesthetics in the area.
These are the special benefits conferred upon each assessed lot within the District. These
“special benefits” received by the identified parcels are above and beyond the City’s
standard level of service and are exclusive of the general benefits provided to the public at
large or properties located outside the District.
The law does not require lots to be contiguous to the improvements, only that the assessment
is distributed across all lots in proportion to the degree of special benefit received from the
improvements. The proposed apportionment methodology is based on a uniform special benefit
and assessment over all developable lots within the District. The total number of benefit units
(BUs) may vary from fiscal year to fiscal year due to parcel changes and/or land use
reclassifications.
According to City staff, the proposed neighborhood park is planned to service properties
within a ½-mile of the park. The City analyzed the land use and development densities
within the ½-mile service area and determined that approximately 31% of recreational benefit
may accrue to properties located outside the District. As such, the parks maintenance
budget has been reduced to 69% of the total cost to account for the benefits received by
others located outside the District.
The subdivision includes single-family detached residential, single family attached residential
and multi-family/apartment land uses. Recognizing the varying development densities and
corresponding benefit to each of the respective land uses, Table 3 summarizes the benefit
equivalencies used for assessment apportionment purposes:
Attachment: LMD 1-17 Salt Creek Heights Engineer's Report (available online) (4.11(h)--LMD 01-17 Salt Creek Heights)
The total number of benefit units is 388. The total estimated expenses from the Part B
attachment is $167,964.00. Therefore, the maximum assessment per benefit unit is $432.90
Vacant developable lots shall be assessed as a single benefit unit.
Based on these benefit equivalencies, the corresponding unit assessment rates for Fiscal
Year 2018-2019 are as shown in Table 4.
The Part F Attachment contains a list of the Shasta County Assessor's Parcel numbers within
the Assessment District for Fiscal Year 2017-18. The Assessment Roll is filed in the Office of
the City Clerk and is incorporated in this Report by reference. The list is keyed to the records
of the Shasta County Assessor, which are incorporated herein by reference.
Page 6
Packet Pg. 206
Attachment: LMD 1-17 Salt Creek Heights Engineer's Report (available online) (4.11(h)--LMD 01-17 Salt Creek Heights)
PART B-1 ATTACHMENT
Estimated Cost of Maintenance for Fiscal Year 2018-19
Landscape Maintenance District 01-17
Salt Creek Heights
Attachment: LMD 1-17 Salt Creek Heights Engineer's Report (available online) (4.11(h)--LMD 01-17 Salt Creek Heights)
1. Estimated cost of unscheduled expenses for fiscal year (including repairs, replacement and vandalism)
A. Miscellaneous maintenance: 22,002
B. Mulching: every other year: 0
C. Irrigation Repair: 1,000
D. Tree Maintenance: 7,830
E. Plant Replacement: 300
F. Block Wall: 1,400
rd
G. Brush Management every 3 year (33% of total): 13,050
H. Park (includes 69% from Part B-2 Park Budget Line 1): 58,667
Subtotal: 104,249
Subtotal: 26,792
4. Required Reserves
A. Contingency (25% of Lines 1 and 2): 32,760
B. Contingency for uncollected assessments as of June 30, 2018: -
Subtotal: 32,760
Attachment: LMD 1-17 Salt Creek Heights Engineer's Report (available online) (4.11(h)--LMD 01-17 Salt Creek Heights)
(Park Area Only)
1. Estimated cost of unscheduled expenses for fiscal year (including repairs, replacement and vandalism)
a. Park and amenities maintenance: 45,354
b. Mulching: every other year (50% of total) 4,500
c. Playground chip replacement: 5,000
d. Irrigation Repair: 13,400
e. Plant Replacement: 2,000
f. Tree Replacement: 4,770
g. Playground replacement: every 20 years (5% of total)* 10,000
Subtotal: 85,024
69% of subtotal: 58,667
Attachment: LMD 1-17 Salt Creek Heights Engineer's Report (available online) (4.11(h)--LMD 01-17 Salt Creek Heights)
District APN Subdivision Benefit Units Unit Rate Total Owner
01-17 204-030-023, Salt Creek Heights 388 $432.90 $167,964.00 Sierra Pacific Industries
204-030-027 &
204-030-036
bcrane@cityofredding.org btippin@cityofredding.org
Recommendation
Approve Parking License Agreement with Bethel Church of Redding for temporary parking at
Redding Municipal Airport for the period of April 3, 2018, through April 20, 2018, for a rental
fee of $1,300; and authorize the City Manager, or designee, to execute the agreement and any
future amendments to the agreement.
Fiscal Impact
The Redding Municipal Airport’s (Airport) fund revenues will increase by $1,300 for Fiscal
Year 2017-18. There are no additional costs to the Airport resulting from this agreement.
Alternative Action
The City Council could choose to not approve the Parking License Agreement with Bethel
Church of Redding and provide Staff with alternate direction. Bethel would need to seek
alternative arrangements for temporary parking.
Background/Analysis
Bethel Church of Redding (Bethel) has proposed a temporary lease of vacant Airport property
for the purpose of parking up to 400 vehicles. The proposed area is approximately five acres in
size, and is bordered by Airport Road to the West, Flight Avenue to the North, Municipal
Boulevard to the East, and Knighton Road to the South. A similar agreement was executed for
the same purpose in 2017. The site has been used in the past for parking for Airport events
including the Air Show, the Airports for Autism Race, and the Trump Rally.
The proposed agreement includes a term of 17 days, beginning April 3, 2018, and terminating on
April 20, 2018, for a fee of $1,300 – an increase from $1,250 received in 2017. Staff believes
Bethel will utilize the Redding Airport Terminal Building as a drop off and pick-up location for
charter buses providing transportation to students and staff, which will be coordinated around the
flight schedule so as not to impact passengers flying in and out of the Airport. Bethel is a
supporter of the Redding Municipal Airport and utilizes the air service available to the extent
possible. Bethel’s transportation needs exceeded the capacity available at Redding Airport for
this particular time frame.
Attachments
200
Feet
KNIGHTON RD
LOCKHEED DR
AIRPORT RD
MUNI BLVD
Exhibit A
MUNICIPAL BLVD
FLIGHT AVE
Temporary Parking
AIRWAY DR AIRWAY DR
WOODRUM CIR
Airport
Redding
Municipal
bcrane@cityofredding.org btippin@cityofredding.org
Recommendation
Adopt Resolution approving a financial assistance application to the State Water Resources
Control Board’s (SWRCB) State Revolving Fund (SRF) for the Wooded Acres Subdivision. This
resolution authorizes the Public Works Director or Assistant Public Works Director to sign and
file necessary applications and amendments thereto on behalf of the City of Redding (City).
Fiscal Impact
This action has no direct fiscal impact. Depending on the available grant funding for the Wooded
Acres Subdivision, additional City resources may be needed.
Alternative Action
The City Council (Council) could decline to apply for grant funding for the Wooded Acres
Subdivision wastewater system.
Background/Analysis
The Wooded Acres North subdivision is located in the City of Redding; in the vicinity of
Meadow View Drive and west of Airport Road. Approximately 28 developed parcels in the
Wooded Acres North Subdivision, and two developed parcels in the Wooded Acres South
subdivision (which is located in unincorporated Shasta County), are connected to a private
sewage collection, treatment, and disposal system. The system consists of a common force main,
septic tank, and leach field. Other developed parcels in the subdivision are served by individual
septic tank and leach field systems located on each individual parcel. None of the developed
parcels are connected to the City of Redding’s sewer collection system.
The Wooded Acres North Subdivision was approved by Shasta County in 1976. When these
This sewage system was originally designed for a maximum of 13 full time connections, or 20
seasonal connections (six to eight months per year). The system now has at least 30 full time
connections, and is over 38 years old. The system has a history of problems dating back to its
original installation. Continued operation of this system threatens public health and the
environment, due to its potential for failure and release of sewage.
At the time of development, these parcels were required to connect to the City sewer collection
system should an extension ever be constructed. There were, however, no financial means or
methods set up for connecting the lots to the City sewer system by the original developer. The
subdivision was annexed into the City of Redding in 1986.
Prior to any application submittal, an authorizing resolution is required. To that end, staff has
prepared the attached resolution for the Council’s consideration. The application resolution also
provides SWRCB staff with the assurance the City is committed to the project.
Attachments
Location Map
Resolution
WHEREAS, the City of Redding (the “City) desires to apply for grant funding on behalf
of the Wooded Acres Subdivision to construct a public wastewater collection system (the
“Project”); and
WHEREAS, the City on behalf of the Wooded Acres Subdivision intends to finance the
planning, design, construction, and associated fees of the Project with monies (the “Project
Funds”) provided by the State of California, acting by and through the State Water Resources
Control Board (the “State Water Board”); and
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the
sale of obligations, the interest upon which is excluded from gross income for federal income tax
purposes (the “Obligations”) ; and
WHEREAS, prior to either the issuance of Obligations or the approval by the State
Water Board of the Project Funds, the City desires to incur certain capital expenditures (the
“Expenditures”) with respect to the Project from available monies of the City; and
WHEREAS, the City has determined that those monies to be advanced on and after the
date hereof to pay the Expenditures are available only for a temporary period and it is necessary
to reimburse the City for the Expenditures from the proceeds of the Obligations; and
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of
the City Council of the City of Redding on the 6th day of March, 2018, and was duly adopted at
___________________________________
KRISTIN SCHREDER, Mayor
_______________________________ ___________________________________
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
bdewalt@cityofredding.org btippin@cityofredding.org
Recommendation
Open the public hearing and, upon conclusion of the public hearing, offer an Ordinance
repealing uncodified Ordinance No. 2577 and amending Redding Municipal Code (RMC) Title 6
(Business Taxes, Licenses and Regulations) by repealing Chapter 6.12 (Medical Marijuana
Cooperatives and Collectives) and replacing said Chapter by enacting Chapter 6.12 (Cannabis),
Sections 6.12.010 through 6.12.650, inclusive; amending RMC Title 18 (Zoning) by amending
Sections 18.15.030 (Standards for Which Exceptions May be Considered); 18.17.030
(Temporary Uses Requiring Permits); and Schedules 18.30.020-A (Use Regulations – “Rural
Lands” District), 18.31.020-A (Use Regulations – Other “Residential” Districts), 18.32.020-A
(Use Regulations – “Limited Office” and “General Office” Districts), 18.33.020-A (Use
Regulations – “Commercial” Districts), 18.34.020-A (Use Regulations – “Industrial” Districts),
18.35.030-A (Use Regulations – “Open Space” District), and 18.36.030-A (Use Regulations –
“Public Facilities” District); repealing Section 18.43.100 (Medical Marijuana Cultivation at
Private Residences); and amending Sections 18.43.110 (Home Occupations); 18.46.120
(Nuisance Abatement), and 18.61.020 (Definitions), for first reading by title only and waive the
full reading; direct the City Attorney to prepare a summary ordinance, and authorize the City
Clerk to publish the summary ordinance according to law.
Fiscal Impact
Adoption of the proposed ordinance should be revenue neutral, assuming that the City Council
sets fees for applications and licenses at sufficient levels to fund administration and enforcement
of the licenses and municipal code. Staff will propose fees for the City Council’s consideration
at a later meeting if an ordinance is enacted.
An alternative action to the recommendation is to decline to offer the ordinance for first reading
or to make modifications to the draft ordinance.
Background/Analysis
On November 7, 2017, the City Council directed the City Attorney to prepare a draft ordinance
which would accomplish the following: 1) ban all outdoor cannabis cultivation; 2) regulate
indoor cultivation of cannabis at private residences; and 3) permit but regulate indoor
commercial cultivation, distribution, laboratory testing, storage, delivery, manufacture and retail
sale of medical and adult use cannabis and cannabis products. With the assistance of staff
having relevant subject matter expertise, the City Attorney drafted the proposed ordinance
consistent with the City Council’s policy direction.
On February 2, 2018, the draft ordinance was finished and promptly published to the community
for comment. The City Attorney received a significant amount of comment about the ordinance.
Most of the comment related to questions about how the ordinance would be applied. Very little
of the commentary actually addressed the text of the ordinance so that textual changes could be
considered. However, some of the public input did result in modifications to the draft ordinance.
More specifically, comments relating to opening up increased opportunity in Heavy Commercial
districts for indoor commercial cultivation of cannabis and permitting the use of CO2 in
cultivation areas were considered and resulted in modifications to the draft ordinance.
Separately set forth for your consideration is a letter drafted by Dr. Terri Fields Hosler, Branch
Director of the Shasta County Health and Human Services Agency. The proposed edits are
intended to prevent the normalization of cannabis to children. The letter proposes modification
of the draft ordinance in order to incorporate certain THC potency standards, advertising
standards, and to require specific health warnings. Because these involve significant policy
issues not previously addressed to the City Council, and some of the recommendations therein
require a higher regulatory burden than that imposed by the State, the recommendations set forth
in the attached letter have not been incorporated into the draft ordinance; rather, they are
submitted for your consideration.
The approach taken in the draft ordinance is to defer to the State of California with regard to
regulation of advertising, packaging and health warnings. In this way, the City does not create a
regulatory environment which is inconsistent with State law. Sections 5307 and 5029 of Title 16
of the California Code of Regulations require that all packaging accurately reflect the THC
content of the packaged product. Edible cannabis products cannot exceed ten milligrams of THC
per serving. Business and Professions Code section 26120 (attached) provides that all cannabis
and cannabis products be labeled and placed in a resealable, tamper-evident, and child-resistant
package. Packaging and labels must not be made attractive to children. Warning labels provide
notice to keep the product out of the reach of children; labels further warn that smoking cannabis
while pregnant or breastfeeding may be harmful, and cannabis impairs the ability to drive and
operate machinery.
On February 13, 2018, the Planning Commission reviewed the zoning aspects of the draft
ordinance. The draft ordinance, presented to the Planning Commission, zoned cannabis
businesses, with the exception of retail businesses, so that they must be located in the “General
The proposed ordinance was drafted so that it is consistent with emergency regulations adopted
by the State of California at the close of the 2017 calendar year. The underlying purpose is to
permit but regulate to protect the public health and safety. Consistency in regulatory approach
between the City and the State of California will aid both parties to coordinate permitting and
enforcement action.
The draft ordinance establishes rules of operation and application requirements for all cannabis
businesses. Thereafter, the draft ordinance addresses specific cannabis businesses and/or
activities when necessary. No cannabis business may operate in the City of Redding unless it
has been licensed by the City and the State of California. All licenses will be particular to the
location and the licensee. Licenses are not transferable.
The application requirements are consistent with the State’s requirements. The disclosures to be
made by an applicant are rigorous. To illustrate by means of some examples, the draft ordinance
requires disclosure with regard to the finances of the applicant, the identity of its ownership, and
the identity of any persons making a significant investment in the applicant. Applicants may be
disqualified if they, or their investors, have disqualifying criminal convictions. They may
likewise be disqualified if they have prior enforcement action related to cannabis activity in this,
or another, community or have any unpaid civil judgment or administrative fines. Applicants
must likewise indemnify the City of Redding against any and all damages or liability resulting
from issuance of a license. All successful applicants must hold the City harmless from any
action if the cannabis ordinance is later amended or repealed by the City Council.
All licensees must consent to inspection without prior notice. They must likewise produce
records upon demand. This is essential for proper enforcement of the ordinance. All cannabis
businesses must be located at least 600 feet away from schools, public parks, public libraries and
youth-oriented facilities. In the case of cannabis retail premises, the distance requirement
becomes 1000 feet.
With the exception of cannabis retailers, cannabis businesses may be permitted without
limitation as to their number. These businesses are limited by zoning and the aforementioned
distance requirements.
Cannabis retailers are treated differently. The City Manager is tasked with administration of the
process to select retailers. The City Manager may establish a committee to assist in application
review. The number of cannabis retailers is limited to no more than ten. The City Manager is
given latitude to authorize fewer than ten retailers. Selection of retail licensees shall be by a
competitive process which may involve oral interviews of the applicants. The City Manager is
tasked with establishing criteria to be used in the consideration of retailer applications. These
may include, but are not limited to, financial solvency, demonstrated business acumen and
professionalism, consideration of the design of the retail premises to include its exterior and
proposed location of the business premises. These requirements allow for flexibility in
addressing cannabis retailer concentration issues and concerns about blight. The underlying goal
is to license only those who demonstrate business acumen, sound professional ethics and
The current municipal code does not address cannabis delivery services. The draft ordinance
corrects this omission by permitting delivery services only by a retailer licensed by the City.
Delivery will not be recognized as a separate cannabis business. Delivery from a cannabis
retailer located outside of the City of Redding to a customer within the City of Redding is made
unlawful. This is because the City has no regulatory control over retailers located outside of the
jurisdictional limits of the City.
With regard to zoning, all cannabis businesses are permitted in the industrial areas. As noted
above, cannabis cultivation may occur in the heavy commercial areas but only with a use permit.
Cannabis retailers may be located in all commercial areas with the exception of areas zoned as
Neighborhood Commercial.
Staff has separately proposed in the Downtown Specific Plan that cannabis businesses not be
permitted in the specific plan area. This recommendation is not reflected in the draft ordinance
but will come to the City Council as part of its consideration of the Downtown Specific Plan.
In closing, the draft ordinance is intended to permit but fairly regulate the cannabis industry. It
attempts to draw an appropriate balance so that the unregulated cannabis activity which we know
is occurring in the City of Redding is lessened and brought to a regulated state.
With regard to process, if there are substantive changes to the draft ordinance, the draft
ordinance will need to be modified in accord with the City Council’s substantive changes and
returned to the City Council for another first reading.
Attachments
Final Ordinance
Strikeout
Public Health Cannabis Letter
Cal Bus & Prof Code 26120
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
CHAPTER 6.12 (CANNABIS) SECTIONS 6.12.010 THROUGH 6.12.650,
INCLUSIVE; AMENDING TITLE 18 (ZONING) BY AMENDING
SECTIONS 18.15.030 (STANDARDS FOR WHICH EXCEPTIONS MAY
BE CONSIDERED); 18.17.030 (TEMPORARY USES REQUIRING
PERMITS); AND SCHEDULES 18.30.020-A (USE REGULATIONS –
“RURAL LANDS” DISTRICT), 18.31.020-A (USE REGULATIONS –
OTHER “RESIDENTIAL” DISTRICTS), 18.32.020-A (USE
REGULATIONS – “LIMITED OFFICE” AND “GENERAL OFFICE”
DISTRICTS), 18.33.020-A (USE REGULATIONS – “COMMERCIAL”
DISTRICTS), 18.34.020-A (USE REGULATIONS – “INDUSTRIAL”
DISTRICTS), 18.35.030-A (USE REGULATOINS – “OPEN SPACE”
DISTRICT), AND 18.36.030-A (USE REGULATIONS – “PUBLIC
FACILITIES” DISTRICT); REPEALING SECTION 18.43.100 (MEDICAL
MARIJUANA CULTIVATION AT PRIVATE RESIDENCES); AND
AMENDING SECTIONS 18.43.110 (HOME OCCUPATIONS); 18.46.120
(NUISANCE ABATEMENT), 18.61.020 (DEFINITIONS) ALL RELATING
TO PROHIBITING OUTDOOR CULTIVATION OF CANNABIS, THE
LICENSING AND REGULATION OF RESIDENTIAL CANNABIS
CULTIVATION AND THE LICENSING AND REGULATION OF
COMMERCIAL CANNABIS ACTIVITY SPECIFIC TO INDOOR
CULTIVATION, MANUFACTURE, DISTRIBUTION, LABORATORY
TESTING, STORAGE, DELIVERY TO DESTINATION POINTS WITHIN
THE CITY OF REDDING, AND RETAIL SALE OF COMMERCIAL AND
MEDICAL CANNABIS GOODS WITHIN THE CITY OF REDDING
WHEREAS, Proposition 64 (the “Adult Use of Marijuana Act”) was submitted to the California
electorate at the November 8, 2016, general election; and
WHEREAS, the Adult Use of Marijuana Act (“AUMA”) passed and took effect on November
9, 2016; and
WHEREAS, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)
was adopted into law on June 27, 2017; and
WHEREAS, the AUMA immediately made legal the possession, non-retail transfer, and use of
non-medical cannabis for private consumption; and
WHEREAS, the State of California has commenced licensing commercial cultivation and retail
sale of non-medical cannabis and its derivative products on or about January 1, 2018; and
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
WHEREAS, the expected pervasive presence of cannabis in the State of California necessitates
that local public agencies institute ordinances to pervasively regulate cannabis in order to address
the secondary impacts associated with the possession, use, cultivation, distribution and sale of
cannabis; and
WHEREAS, because cannabis retains a high retail value on the illegal market, it remains a
source of criminal activity, and it therefore becomes necessary to pervasively regulate lawful
commercial activity in order to mitigate and prevent the release of lawful cannabis into the
illegal market; and
WHEREAS, because use of cannabis and cannabis products creates an intoxicating effect on the
user, it is necessary to closely regulate the industry to protect the public health, welfare and
safety; and
WHEREAS, it is the intention of the City Council to pervasively regulate commercial cannabis
activity and indoor cultivation for personal or medical purposes so that cannabis does not easily
become a source of ready access to individuals under the age of twenty-one (21) years; and
WHEREAS, the City Council of the City of Redding therefore has a substantial interest in
regulating cannabis; and
WHEREAS, it is the intention of the City of Redding to conduct frequent, regular and
unannounced inspections of Cannabis Businesses, as defined, in order to advance the substantial
interests addressed herein; and
WHEREAS, the AUMA and MAUCRSA reserve local control to cities for purposes of
regulating outdoor cultivation, indoor cultivation in excess of six (6) plants, manufacture of
cannabis products, processing, laboratory testing, storage, delivery to destination points within
the City of Redding, and retail sale of non-medical cannabis; and
WHEREAS, RMC 18.43.100 licenses the cultivation of six (6) cannabis plants (whether indoor
or outdoor) for medicinal consumption as an accessory use to private residences so long as other
restrictions relating to cultivation standards, security, screening and proximity to schools, parks,
libraries and youth-oriented facilities are honored; and
WHEREAS, the City of Redding has experienced a significant amount of complaints relating to
noxious odors emanating from the outdoor cultivation of cannabis which has a deleterious
impact on the public health, safety and welfare, as well as negatively impacting the use of code
enforcement and law enforcement resources in responding to such complaints; and
WHEREAS, the allowances made under state law and the allowance made herein for
commercial and medical cannabis activity make the continuation of the limited allowances for
continued collective activity set forth in RMC 6.12.010 through 6.12.040, inclusive, unnecessary
to retain; and
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
WHEREAS, due to the operation of the AUMA and MAUCRSA and the prevalence of cannabis
in society resulting from the operation of such laws, it is necessary to regulate commercial and
medical cannabis within the City of Redding in order to protect the public health, safety and
welfare;
Section 1. Findings.
The City Council of the City of Redding adopts and finds as true and correct the aforementioned
recitals and incorporates them herein as findings.
CANNABIS
Sections:
6.12.010 Definitions.
6.12.020 Outdoor Cannabis Cultivation Prohibited.
6.12.030 Indoor Cannabis Cultivation Regulations – Private Residence.
6.12.040 Cannabis Business License Required.
6.12.050 Notice of Licensure Status.
6.12.060 California Environmental Quality Act.
6.12.070 Cannabis Business Licenses – Fees and Term.
6.12.080 Cannabis Business License Application Requirements.
6.12.090 Cannabis Business License Renewal.
6.12.100 Approval of License With Conditions.
6.12.110 Denial of Cannabis Business License.
6.12.120 Death or Incapacity of Licensee.
6.12.130 Premises.
6.12.140 Co-Location of Cannabis Businesses.
6.12.150 Notification of Changes.
6.12.160 Notification of Criminal, Civil or Administrative Action.
6.12.170 Notification of Theft, Loss, or Criminal Activity.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
6.12.260 Storage of Inventory.
6.12.270 Access to Cannabis Businesses.
6.12.280 Attire and Conduct at Cannabis Businesses.
6.12.290 Diversion.
6.12.300 Maintenance of Records.
6.12.310 Site Management.
6.12.320 Consent to Inspection and Right of Access.
6.12.330 Visibility of Cannabis.
6.12.340 Disposal of Cannabis and Cannabis Byproducts.
6.12.350 Cannabis Business Distance Requirements.
6.12.360 Cultivation for Commercial Sale – License Required.
6.12.370 Cultivation Site Buildings and Authorized Cultivation Area.
6.12.380 Retail Sales Prohibited.
6.12.390 Number of Cannabis Retailers Licensed.
6.12.400 Award of Cannabis Retailer License.
6.12.410 Failure to Commence Retail Operations and Abandonment.
6.12.420 Cannabis Retailer – Delivery Only.
6.12.430 Retailer Limited-Access Areas.
6.12.440 Retail Area.
6.12.450 Retail Hours of Operation and Daily Limits.
6.12.460 Retail Customers.
6.12.470 Display of Cannabis Goods.
6.12.480 Sale and Return of Cannabis Goods - Free Cannabis.
6.12.490 Inventory Documentation.
6.12.500 Record of Sales.
6.12.510 Sale of Non-Cannabis Products on Premises.
6.12.520 Retail of Live Plants.
6.12.530 Packaging and Labeling.
6.12.540 Delivery.
6.12.550 Distributors.
6.12.560 Microbusinesses Prohibited.
6.12.570 Cannabis Events Prohibited.
6.12.580 Manufacture of Cannabis Products.
6.12.590 Testing Laboratories and Limited Testing Facilities.
6.12.600 Licensee’s Responsibility for Acts of Employees and Agents.
6.12.610 Suspending, Modifying, or Revoking Licenses.
6.12.620 Initiation of Discipline and Appeals.
6.12.630 Non-Disciplinary Modification of Cannabis Business License.
6.12.640 Remedies and Public Nuisance.
6.12.650 Joint and Several Liability.
A. “Cannabis” has the same meaning as defined in Business and Professions Code section
26001.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
B. “Cannabis Business” means any enterprise engaged in the cultivation, manufacture,
processing, laboratory testing, storage, delivery, distribution, or retail sale of recreational
or medical cannabis.
C. “Cannabis goods” means cannabis, including dried flower, and cannabis products, as
defined herein.
D. “Cannabis products” shall have the meaning set forth in Health and Safety Code section
11018.1.
E. “Cannabis retailer - delivery only” means a retailer selling cannabis (whether medical or
adult-use) or cannabis products only by delivery and not by completing the transfer in a
building or structure that is open to customers or elsewhere on the retail site.
G. “Charged” within the meaning of this Chapter means (1) an indictment was issued by a
grand jury, or an information, complaint, or similar pleading was issued by the United
States Attorney, district attorney, city attorney, or other governmental official or agency
authorized to prosecute crimes, and (2) the criminal proceedings are currently pending.
H. “City Manager” shall mean the City Manager of the City of Redding or his/her designee.
I. “Commercial Sale” means the offer, sale or exchange for value of cannabis for
recreational and/or medical use.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
similar attachments, is secure against unauthorized entry, is accessible only through one
or more lockable doors and has walls sufficient to obscure view so the contents therein
cannot be recognized from the outside.
N. “Director” means the Director of Development Services for the City of Redding.
Whenever reference is made to the Director, such reference shall be interpreted to include
a designee of the Director.
P. “Financial interest” shall have the meaning set forth in Section 5004 of Title 16 of the
California Code of Regulations.
U. “Outdoor” means any area or location not specifically meeting the definition of
Indoors.
V. “Owner” shall have the meaning provided in Section 5003(b) of Title 24 of the California
Code of Regulations.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
determining a discrepancy, the acquisition price of the cannabis goods shall be used to
determine the value of cannabis goods in a licensee’s inventory.
Aa. “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that,
when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
“Volatile solvent” does not include carbon dioxide used for extraction or ethanol used for
extraction and post-extraction processing.
Ab. “Youth-oriented facility” shall have the same meaning as set forth for “youth center” in
Business and Professions Code section 26001.
It is unlawful and a public nuisance for any person to cause or allow any property within the
jurisdictional limits of the City of Redding to be used for the outdoor cultivation or outdoor
storage of cannabis.
A. It is hereby declared to be unlawful and a public nuisance for any person, legal entity or
association of individuals to cultivate cannabis indoors at a private residence, except as
provided in this Section.
B. It is unlawful and a public nuisance for any person to cultivate cannabis inside any
residential structure or building without first having been issued a license for such
cultivation by the Director as provided herein. No license shall be issued or be renewed
for a period longer than one (1) year.
C. The indoor cultivation of cannabis at a private residence shall only be conducted within a
detached, fully-enclosed and secure structure or within a residential structure.
Cultivation shall conform to the following minimum standards:
1. No more than six (6) cannabis plants, whether mature or not, may be cultivated
indoors at any private residence.
2. Indoor grow lights shall not exceed 1,200 watts and shall be installed, maintained
and operated in compliance with the Redding Municipal Code. Gas products
3. Any detached, fully-enclosed and secure structure used for the cultivation of
cannabis must have a ventilation and filtration system installed that shall prevent
cannabis plant odors from detection at the property line. The ventilation and
filtration system must be installed prior to commencing cultivation within the
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
detached, fully-enclosed and secure structure or residential structure.
4. Any detached, fully-enclosed and secure structure or residential structure used for
the cultivation of cannabis shall comply with Title 18 of the Redding Municipal
Code.
1. The license fee for cultivation at a private residence has not been paid. The fee
for such license shall be established by resolution of the City Council.
4. The applicant has failed to provide the name of each person owning, leasing,
occupying or having charge of the private residence where cannabis is cultivated.
E. Cannabis cultivation for purposes of commercial sale at any property zoned for
residential use is prohibited. Notwithstanding the preceding, a primary caregiver may
recover his or her costs of cultivation from his or her qualified patient. In such cases,
costs of cultivation shall not include compensation for the labor of the primary caregiver.
G. The Director may, in his or her sole discretion, deny any application for a license issued
pursuant to this Section or a renewal thereof and may suspend, revoke or further
condition any license that has been issued, where he or she finds, based on articulated
facts, that the issuance of a license would be detrimental to the public health, safety, or
welfare or where there is demonstrated non-compliance with the minimum requirements
A. It is unlawful and a public nuisance for any person or association of persons to establish,
operate or assume duties of a cannabis business without all valid and applicable local
licenses or permits.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
B. It is unlawful and a public nuisance for any person or association of persons to establish,
operate or assume duties of a cannabis business without all valid and applicable licenses
or permits issued by the State of California.
C. It is unlawful and a public nuisance for any person or association of persons to operate a
cannabis business in violation of any license condition imposed by the Director or in
violation of any license condition imposed by the State of California.
A. Within ten (10) calendar days of approval, every cannabis business shall submit to the
Director a copy of any license issued by the State of California or any local governmental
entity to the cannabis business or any of its owners.
B. If any license issued to the cannabis business or any of its owners by the State of
California or any local governmental entity is denied, suspended, modified, revoked or
expired, the cannabis business shall notify the Director within ten (10) calendar days.
The issuance of a license pursuant to this Chapter shall require environmental review pursuant to
Public Resources Code section 21000 et seq.
B. A cannabis business license issued pursuant to this Chapter is valid for a term of one (1)
year from the date that the license is issued. Renewal terms shall not exceed one (1) year.
C. All fees authorized pursuant to this Chapter are in addition to the license fees required by
Chapter 6.02 of the Redding Municipal Code.
A. Each cannabis business and cannabis business location shall be separately licensed.
Cannabis business licenses are nontransferable.
C. No person shall knowingly make a false statement of fact or knowingly omit any
information that is required in an application for a commercial sale cannabis license.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
D. The application shall be on a form approved by the Director and shall include the
following:
3. A description of the statutory entity or business form that will serve as the legal
structure for the applicant; a copy of its formation and organizing documents,
including, but not limited to, articles of incorporation, certificate of amendment,
statement of information, articles of association, bylaws, partnership agreement,
operating agreement, and fictitious business name statement; and the name and
address of its agent for purposes of service of process.
4. A list of every fictitious business name the applicant is operating under including
the address where the business is located.
5. The first and last name, primary phone number, date of birth and mailing address
of each owner. If the license is to be held in the name of a business entity, the
owner shall also provide the legal business name of the licensee.
6. The current name and primary and secondary telephone numbers and email
addresses of at least one twenty-four (24) hour on-call manager to address and
resolve complaints and to respond to operating problems or concerns associated
with the cannabis business.
8. A list of the license types and the license number issued by the Bureau of
Cannabis Control and all other state cannabis licensing authorities that the
applicant holds, including the date the license was issued, the date the license will
terminate and the licensing authority that issued the license.
9. Whether the applicant, or any owners, has been denied a license or has had a
license suspended or revoked by the Bureau of Cannabis Control or any other
state cannabis licensing authority. The applicant shall provide the type of license
applied for, the name of the licensing authority that denied the application, and
the date of denial.
12. The physical address of any other premises owned or operated by the applicant
within the jurisdictional limits of the City of Redding and a brief summary of the
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
business operations at each premises.
B. A list of loans made to the applicant. For each loan, the applicant shall
provide the amount of the loan, the date of the loan, terms of the loan,
security provided for the loan, and the name, address, and phone number
of the lender.
D. A list of all gifts of any kind given to the applicant for its use in
conducting commercial cannabis activity. For each gift, the applicant
shall provide the value of the gift or description of the gift, and the name,
address and phone number of the provider of the gift.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
7. The owner’s current employer.
15. If applicable, a detailed description of any civil and/or criminal suit and/or
judgment relating to unlawful cannabis activity against the applicant or any of its
owners or a business entity in which the applicant or any of its owners was an
owner or officer within the seven (7) years immediately preceding the date of the
application.
16. Attestation to the following statement: Under penalty of perjury, I hereby declare
that the information contained within and submitted with the application is
complete, true and accurate. I understand that a misrepresentation of fact,
whether intentional or not, is cause for rejection of this application, denial of the
license, or revocation of a license issued.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
19. If the applicant is the landowner upon which the business premises is located, a
copy of the title or deed to the property.
20. Evidence that the proposed business premises will be compliant with the
locational restrictions set forth in Section 6.12.350 and the zoning set forth in
Title 18 of the Redding Municipal Code.
21. Evidence of a valid seller’s license number issued by the California Department
of Tax and Fee Administration, if applicable. If the applicant has not yet received
a seller’s license, the applicant shall attest that the applicant is currently applying
for a seller’s license.
22. A premises diagram which meets the requirements set forth in Section 5006 of
Title 16 of the California Code of Regulations.
23. A detailed security plan outlining the measures that will be taken to ensure the
safety of persons and property on premises of the cannabis business. The security
plan must be prepared by a licensed security company or individual licensed by
the State of California. The license number shall be on the face of the security
plan. The security plan shall also require registration in the Redding Police
Department’s Security Camera Registration and Monitoring Program
(“SCRAM”).
24. A detailed plan describing the air treatment system, or other methods which will
be implemented to completely prevent odors generated from cannabis from being
detected outside the buildings on the cannabis business site.
27. An agreement in a form approved by the City Attorney whereby the applicant:
A. Releases the City of Redding, its agents, officers, elected officials and
employees from any and all claims, injuries, damages or liabilities of any
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
kind arising from any repeal or amendment of this Chapter or any other
provision of the Redding Municipal Code, and any arrest or prosecution of
the applicant or its managers, agents, employees, members or volunteers
for violation of state or federal laws; and
B. Defends, indemnifies and holds harmless the City of Redding, and its
agents, officers, elected officials and employees from and against any and
all claims or actions brought by adjacent or nearby property owners or any
other parties for any damages, injuries or other liability of any kind arising
from operations at the cannabis business.
28. Any other document or information which the Director deems necessary for
consideration of the application.
A. To renew a cannabis business license, a completed license renewal form, payment of the
cannabis business license application fee, payment of the cannabis business license fee,
and, if applicable, the late fee required by subsection D of this section shall be received
by the City of Redding no earlier than sixty (60) calendar days before the expiration of
the license and no later than 5:00 p.m. on the last business day before the expiration of
the license. Failure to receive a notice for license renewal does not relieve a licensee of
the obligation to renew all licenses as required.
B. An application for a cannabis business license renewal shall contain the following:
1. The name of the licensee. For licensees who are individuals, the applicant shall
provide the first and last name of the individual. For licensees who are business
entities, the licensee shall provide the legal business name of the applicant.
4. An attestation that all information provided to the City of Redding in the original
application for a license is accurate and current.
C. In the event the license is not renewed prior to the expiration date of the license, the
licensee must not sell, transfer, transport, manufacture, test or distribute any cannabis or
cannabis products until the license is renewed.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
off to any assessment, fine, penalty or recoupment of costs of enforcement attributable to
said violation.
E. A license that has expired and has not been renewed within thirty (30) calendar days after
expiration shall be deemed to have been forfeited.
F. Any time limitation set forth in this Section shall not be deemed to be tolled for the
duration of time during which the City of Redding considers the license renewal
application.
G. Review of any decision by the Director to deny a request to renew a cannabis business
license shall be pursuant to Section 6.12.620.
A. Upon approval of a license or renewal of a cannabis business license, the Director may
impose conditions in excess of the requirements set forth in this Chapter including, but
not limited to, conditions relating to the operation of any cannabis business and
restrictions relating to the deployment or use of the types of equipment used on site.
B. During the term of any cannabis business license, the Director may impose additional
conditions on a license when reasonably necessary to abate a violation of the Redding
Municipal Code or to protect the public health, safety or welfare.
A. The Director may deny a license or a renewal of a license for any cannabis business if he
or she determines that one or more of the following circumstances exist:
1. The applicant has not paid all fees required for consideration of the application
and inspection of the premises of the cannabis business;
5. The applicant, or any of its owners, has an unpaid civil judgment imposed for
violation(s) of the Redding Municipal Code;
6. The applicant or any of its owners is delinquent on any fee, charge for service or
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
tax levied by the State of California or the City of Redding;
7. The applicant, or any of its owners or persons with a financial interest in the
applicant, has, within the seven (7) years preceding the date the application is
filed with the Director, been sanctioned by a state licensing authority or a city,
county, or city and county for unlawful cannabis-related activity or has had a
license suspended or revoked pursuant to this Chapter in the seven (7) years
immediately preceding the date the application is filed with the City of Redding;
9. The applicant, any owner of applicant or person having a financial interest in the
applicant is a person employed by the City of Redding when the duties of such
person have to do with the enforcement of the Redding Municipal Code, the laws
of the State of California or that of the United States of America.
10. The applicant, or any of its owners or persons having a financial interest in the
applicant, has been convicted of any crime set forth in Business and Professions
Code section 26057(b)(4), Fish and Game Code sections 12025 or 12025.1, Penal
Code section 186.22 or any other offense which is substantially related to the
qualifications, functions, or duties of the business for which application is made.
In determining whether such offense is “substantially related,” the Director shall
consult with the City Attorney and thereafter apply the analysis set forth in
section 5017 of Title 16 of the California Code of Regulations.
11. The applicant’s premises or the operation of the applicant’s cannabis business, as
described in its application, would fail to comply with the standards set forth in
the Redding Municipal Code or state law.
12. The applicant’s premises is substantially different from the diagram submitted by
the applicant, in that the size, layout, location of common entryways, doorways
or passage ways, means of public entry or exit, or limited access areas within the
licensed premises is not the same.
13. The applicant denied City of Redding personnel access to the premises for
purposes of inspection.
14. The applicant, at the time of application, is in violation of any provision of the
Redding Municipal Code.
B. Upon denial of an application for a license or renewal of a license, the Director shall
notify the applicant in writing with the reasons for denial and the right to contest the
determination of denial pursuant to the procedures set forth in Section 6.12.620.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Section 6.12.120 Death or Incapacity of a Licensee.
A. In the event of the death, incapacity, receivership, assignment for the benefit of creditors
of a licensee, or other event rendering a licensee incapable of performing the duties
associated with the license, the licensee’s success in interest notify the Director in writing
within thirty (30) calendar days.
B. To continue operations or surrender the existing license, the successor in interest shall
submit to the Director the following:
2. The name of the licensee for which the successor in interest is succeeding and the
license number.
3. The phone number, mailing address and email address of the successor in interest;
and
C. The Director may give the successor in interest written approval to continue operations
for a period of time to be determined by the Director if:
1. The successor in interest has applied for a license from the City of Redding for
the premises and that application is under review; or
2. The successor in interest needs additional time to destroy or sell cannabis goods.
E. The Director may deny approval to continue operations based upon the criteria set forth
in Section 6.12.110.
A. Each licensee shall have a designated premises for the licensee’s commercial cannabis
activity which is subject to unannounced inspection by the City of Redding.
B. A cannabis business licensee may occupy the same licensed premises and operate under
two or more separate commercial cannabis licenses in that same licensed premises under
the following conditions:
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
1. The cannabis business licensee has been issued an adult-use license and medical
cannabis license issued by the State of California for the identical type of
commercial cannabis activity;
2. The cannabis business licensee who holds both licenses is identical in name,
business formation and ownership;
3. The cannabis business licensee only conducts one type of commercial cannabis
activity on the premises; and
4. Records for the adult use license and medical cannabis license issued by the State
of California are kept separately.
C. A cannabis business licensee shall not, without the prior written approval of the Director,
make a physical change, alteration, or modification of the licensed premises that alters
the licensed premises or the use of the licensed premises from the premises diagram filed
with the license application. Material or substantial changes, alterations or modifications
requiring approval include, but are not limited to, the removal, creation, or relocation of a
common entryway, doorway, passage, or a means of public entry or exit, when such
common entryway, doorway or passage alters or changes limited-access areas within the
licensed premises.
1. A new premises diagram that conforms to the requirements set forth in Section
5006 of Title 16 of the California Code of Regulations.
E. A licensee shall not sublet or otherwise transfer control over any portion of the licensed
premises to another without the prior permission of the Director.
Each cannabis businesses shall be located in a stand-alone structure which does not share
common walls with another structure. Notwithstanding the preceding, a cannabis business may
be co-located and share common walls with one or more other cannabis businesses only if each
such cannabis business is separately licensed by the City of Redding and the State of California.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
A. With the exception of changes to standard operating procedures, every licensee shall
notify the Director in writing within ten (10) calendar days of any change to any item
listed in the application. The notification shall be signed by an owner.
B. Licenses are not transferable. No change of owners shall occur if the Director determines
that the new owner(s) has a disqualifying conviction within the meaning of Section
6.12.110(A)(10) or is otherwise barred from ownership in the licensee due to operation of
this Chapter.
C. No person or entity may gain a financial interest in the licensee if said person or entity is
determined by the Director to have a disqualifying conviction within the meaning of
Section 6.12.110(A)(10) or is otherwise barred by reason of this Chapter.
D. If one of more of the owners of a licensee change, a new license application and fee shall
be submitted to the City of Redding within ten (10) business days of the effective date of
the ownership change. A change in ownership occurs when the person receiving its
interest in the cannabis business meets the definition of an owner, as defined in Section
6.12.010. A change in ownership does not occur when one or more owners leave the
business by transferring their ownership interest to the other existing owner(s).
A. A cannabis business licensee shall ensure that the Director is notified in writing of the
criminal conviction of a licensee, owner, or employee or when a licensee, owner, or
employee has been charged with a criminal offense. Notice shall either be by mail or
electronic mail and shall occur within forty-eight (48) hours of the conviction or charge.
The written notification shall include the date of conviction or charge, the court docket
number, the name of the court in which the licensee was convicted or charged, and the
specific offense(s) for which the licensee was convicted or charged.
B. A cannabis business licensee shall ensure that the Director is notified in writing of a civil
penalty or judgment rendered against the licensee or any owner either by mail or
electronic mail, within forty-eight (48) hours of delivery of the verdict or entry of
judgment, whichever is earlier. The written notification shall include the date of verdict
or entry of judgment, the court docket number, the name of the court in which the matter
was adjudicated, and a description of the civil penalty or judgment rendered against the
licensee.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
A. A cannabis business licensee shall notify the Director and the Chief of the Redding Police
Department within twenty-four (24) hours of discovery of any of the following situations:
2. The licensee becomes aware of, or has reason to suspect, diversion, theft, loss or
any other criminal activity pertaining to the operations of the licensee by any
owner, employee, agent or volunteer of the cannabis business or by any third
party.
3. The licensee becomes aware of, or has reason to suspect, any breach of security.
B. The notification required by this Section shall be in writing and include the date and time
of discovery of the occurrence of the theft or loss, the date of the occurrence of the theft
or loss and a description of the incident including, when applicable, the items that were
taken or lost.
A. All persons on the site of a cannabis business, except for employees and those doing
business with the cannabis business, must be escorted at all times by the licensee or
employee of the cannabis business when in the limited-access area of the premises.
B. All agents, officers, employees or other persons acting for, or employed by a licensee
shall display an identification badge issued by the Redding Police Department at all times
while on site at the cannabis business.
C. A cannabis business shall have an operational video surveillance system that meets the
standards of operation, storage, and surveillance set forth in Section 5044 of Title 16 of
the California Code of Regulations.
D. Surveillance recordings shall be kept for a minimum of ninety (90) days and shall be
subject to inspection and copy by the City of Redding. Recordings shall be kept in a
manner that permits the City of Redding to view and obtain copies of the recordings at
the licensed premises immediately upon request.
E. All cannabis retailers shall retain and deploy security personnel in accordance with
Section 5045 of Title 16 of the California Code of Regulations.
G. Licensees shall maintain an alarm system in accordance with Section 5047 of Title 16 of
the California Code of Regulations and make available to the City of Redding all
information related to the alarm system, monitoring and alarm activity.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
H. In the event that a licensee is delivering tax proceeds to the City of Redding in excess of
ten thousand dollars ($10,000.00), the licensee shall either procure licensed, armed
transport to the City Treasurer or shall deliver said tax proceeds to armed transport
retained by the City of Redding. If the City of Redding procures armed transport of tax
proceeds, the licensee shall pay to the City of Redding within thirty (30) calendar days of
the date of the invoice all invoices for such service.
All cannabis business licensees shall comply with the track and trace system established by the
State of California and as further described in Sections 5048 through 5052, inclusive, of Title 16
of the California Code of Regulations.
A. Destruction of cannabis goods shall be in accordance with Sections 5054 and 5055 of
Title 16 of the California Code of Regulations.
B. A cannabis business licensee shall not sell cannabis waste, as such waste is defined in
Section 5000(d) of Title 16 of the California Code of Regulations.
C. Cannabis business licensees shall comply with all cannabis waste management practices
set forth in Section 5055 of Title 16 of the California Code of Regulations.
D. Cannabis waste shall not be deposited at curb-side but shall either be delivered by the
licensee to a City of Redding disposal site or the licensee shall arrange with the City of
Redding for pick-up of the cannabis waste, if available. Delivery of cannabis waste to a
City of Redding disposal site shall be accomplished by the licensee and shall not be
contracted to a third party.
All cannabis businesses shall install a ventilation and filtration system to prevent all odors
generated from the cannabis business from escaping from the buildings on site, such that the
odor cannot be detected outside of the building(s). The ventilation and filtration system must be
approved by the Building Official and installed prior to commencing operations.
The cannabis business licensee shall display all applicable, valid and unexpired licenses issued
by the State of California and the City of Redding inside the lobby or waiting area of the main
entrance to the cannabis business site. Licenses shall be displayed at all times in a conspicuous
place so that it may be readily seen by all persons entering the site.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
A. With the exception of cannabis retail licensees, all cannabis business licensees shall post
in the lobby of the cannabis business site signs that state the following:
B. Cannabis retail licensees shall post the signs required in subdivisions A(3) and A(4) of
this Section.
C. Each sign described in this Section shall be at least eight inches (8”) by ten inches (10”)
in size and must be displayed at all times in a conspicuous place so that it may be readily
seen by all persons entering the cultivation site.
A. No cannabis business shall place any advertising or marketing in broadcast, cable, radio,
print or digital communications unless such marketing or advertising meets the
requirements of Section 5040 of Title 16 of the California Code of Regulations.
B. Upon request of the Director, the licensee shall provide the audience composition data
required by Section 5040 of Title 16 of the California Code of Regulations within the
time frame specified by the Director.
C. No licensee shall place advertising or marketing from the licensee or on behalf of the
licensee involving direct, individualized communication or dialogue, unless the licensee
meets the requirements set forth in Section 5041 of Title 16 of the California Code of
Regulations.
D. If the Director determines that audience composition data for advertising provided by a
licensee or on behalf of a licensee does not meet the requirements of Section 5040 of
Title 16 of the California Code of Regulations, that any individualized communication or
dialogue does not meet the requirements of Section 5041 of Title 16 of the California
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
B. No cannabis business licensee shall allow anyone on the cannabis business site, except
for managers, staff, and other persons with a bona fide business or regulatory purpose for
being there, such as contractors, inspectors and cannabis transporters.
C. A manager must be on the cannabis business site at all times that any other person is on
site, except after business hours when a security guard is on the site.
D. Any person other than managers or staff who are on the cannabis business site must sign
in, wear a visitor badge provided by the licensee, and be escorted on the site by a
manager or other staff at all times. Notwithstanding the preceding, state, county and city
officials performing their lawful duties on-site are exempt from the requirements set forth
in this subsection.
E. This Section shall not apply to cannabis retailers possessing valid and unexpired licenses
issued by the City of Redding.
A. A cannabis business licensee shall not store cannabis or cannabis goods outdoors.
B. Employee breakrooms, changing facilities and bathrooms shall be separated from any
cannabis or cannabis goods storage areas.
D. Storage of cannabis goods must be ancillary to the business of the licensee, and storage of
cannabis goods shall not be licensed by the Director as a stand alone cannabis business.
A. No person under the age of twenty-one (21) years shall be on the site of a cannabis
business or participate in the operations of a cannabis business in any capacity including,
but not limited to, as manager, staff, employee, contractor, agent or volunteer.
B. Notwithstanding subdivision (A), a person who has attained eighteen (18) years of age
and has on his person an identification card issued pursuant to Health and Safety Code
section 11362.71 may enter a retail cannabis business as a customer.
C. Cannabis business licensees are strictly liable for any violation of this Section. Proof of
intent or scienter shall not be required in establishing a violation of this Section.
A. A cannabis business licensee shall abide by the attire and conduct requirements set forth
in Sections 5806 and 5807 of Title 16 of the California Code of Regulations.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
B. No person shall smoke, ingest or otherwise consume cannabis in any form at a cannabis
business or within twenty feet (20’) of a cannabis business.
C. No person shall possess, consume, or store any alcoholic beverage at any cannabis
business.
D. Cannabis business licensees are strictly liable for any violation of this Section. Proof of
intent or scienter shall not be required in establishing a violation of this Section.
No person shall give, sell, distribute, or otherwise transfer any cannabis in any manner that
violates the laws of the State of California or the City of Redding.
A. A cannabis business shall maintain all the records required for retention by Section 5037
of Title 16 of the California Code of Regulations for a period of at least seven (7) years.
B. Records shall be kept in a manner that allows the records to be produced for the City of
Redding at the cannabis business premises in either hard copy or electronic form,
whichever the City of Redding requires.
C. A licensee may contract with a third party to provide custodial or management services of
the records of the cannabis business. Such a contract shall not relieve the licensee of the
licensee’s responsibilities under this Section.
D. A cannabis business licensee shall report any loss, damage, or destruction of these
records to the Director within twenty-four (24) hours of the loss, damage or destruction.
A. The cannabis business licensee shall prevent and immediately abate conditions at the
cannabis business that constitute a nuisance or other violation of the Redding Municipal
Code.
B. The cannabis business licensee shall maintain the exterior of the cannabis business site,
including any parking lots and landscaped areas under the control of the licensee, free of
litter, debris, trash and unused equipment.
D. The cannabis business licensee shall remove all graffiti from the cannabis business site
and parking lots under the control of the licensee within seventy-two (72) hours of its
application.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Section 6.12.320 Consent to Inspection and Right of Access.
A. Unless otherwise provided for in this Chapter, representatives from the City of Redding
including, but not limited to, members of the Redding Police Department, the Office of
the City Attorney, the Code Enforcement Division and their agents may test, enter and
inspect the property, vehicles, structures, documents, facilities and cannabis goods of
every cannabis business during the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday, or at any other reasonable time during business hours to ensure compliance and
enforcement of the Redding Municipal Code. Notwithstanding the preceding, the
inspection and copying of private medical records shall be made available only pursuant
to a search warrant, subpoena or court order.
C. It is unlawful and cause for immediate suspension or revocation of the license for any
licensee, property owner, landlord, lessee, cannabis business, and/or its owner, agent or
employee to refuse to allow, impede, obstruct or interfere with an inspection.
D. When a requirement is established pursuant to this Chapter for the inspection and/or copy
of any record, the record shall be delivered immediately upon demand by City of
Redding personnel unless it would be unreasonable to access such records due to the time
constraint’s of the licensee’s business.
E. This Section shall not be construed to deprive a licensee of any privilege guaranteed by
the Fifth Amendment to the Constitution of the United States.
No cannabis or cannabis products on the site of a cannabis business shall be visible with the
naked eye from outside the licensed premises.
Except as otherwise permitted by the Director for purposes of facilitating a donation program, all
cannabis and any product containing cannabis that is not sold into the market shall be made
unusable and unrecognizable prior to removal from the cannabis business in compliance with all
applicable federal, state and local laws.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
C. Distances shall be measured from the property line of a parcel where the cannabis
business is located to the nearest property line that is occupied by a school providing
instruction in kindergarten or any grade one (1) through twelve (12), inclusive, public
park, public library or youth-oriented facility.
It is unlawful and a public nuisance to cultivate cannabis for commercial sale unless that person
has been issued all applicable licenses for cultivation by the State of California and the City of
Redding.
It is unlawful to cultivate cannabis unless the site of cultivation meets the following
requirements:
A. All entrances into the buildings on the cultivation site shall be locked at all times with
entry controlled by the commercial sales cannabis cultivation licensee’s managers and
staff.
B. The cultivation site shall have a building with a main entrance that is clearly visible from
the public street or sidewalk. The main entrance shall be maintained clear of barriers,
landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to
receive persons into the site and to verify whether they are allowed in the cultivation
areas.
C. All cultivation areas in any building on the cultivation site shall be separated from the
main entrance and lobby, and shall be secured by a lock accessible only to managers and
staff of the licensee.
D. Each building with a cultivation area shall have an area designed for the secure transfer
of cannabis from the cultivation area to a vehicle for transportation.
E. Each building with a cultivation area shall have adequate storage space for cannabis that
has completed the cultivation process or is otherwise not being cultivated. The storage
areas shall be separated from the main entrance and lobby, and shall be secured by a lock
accessible only to managers and staff of the licensee.
F. Each building with a cultivation area shall have all utilities installed, maintained and
operated in accordance with the Redding Municipal Code. Volatile solvents shall not be
G. Cultivation area shall not exceed that authorized by license issued by the State of
California. Notwithstanding, the Director may, in his or her sole discretion, reasonably
limit the cultivation area otherwise permitted by license issued by the State of California.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
It is unlawful and a public nuisance for any person to sell cannabis goods unless that person has
been issued all applicable valid and unexpired licenses for cannabis retail sale by the State of
California and the City of Redding.
A. No more than ten (10) retailers of adult use cannabis and/or medical cannabis businesses
shall be licensed or allowed to operate within the jurisdictional limits of the City of
Redding. For purposes of this subsection, a premises offering commercial sale of both
adult use and medical cannabis shall be considered as one cannabis business.
B. The City Manager is hereby given discretion to authorize fewer than ten (10) retail adult
use cannabis and/or medical cannabis businesses as he/she determines necessary to
protect the public health, safety and welfare.
B. Selection of cannabis retailers for licensure shall be made by the City Manager. In the
alternative, the City Manager may consider applications for cannabis retailers by means
of a selection committee in which case, reference in this Section to the City Manager
shall mean the City Manager’s selection committee.
C. Notice of the opportunity to apply for a cannabis retail business license shall be published
by means determined by the City Manager as reasonably calculated to provide public
notice of the opportunity to apply.
D. The City Manager may designate periods of time for consideration of applications for
retail cannabis business licenses as deemed necessary and prudent, and, in his/her sole
discretion, may decline to receive applications for a retail cannabis business license
outside of the designated time period.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
City Manager on the following criteria:
A. Regulated industries;
B. Agriculture or horticulture;
C. Commercial manufacturing;
D. Pharmaceutical companies;
H. Retail sales;
2. Plan for operating a cannabis retail business including, but not limited to, a
timeline for opening a retail location;
3. Proof of financial stability and access to financial resources, including, but not
limited to:
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
4. Ability to comply with the operational requirements set forth in this Chapter.
G. The City Manager may undertake oral interviews with applicants should he/she
determine that interviews will assist in the selection process.
H. Cannabis retail business applicants may supplement the information required by Section
6.12.080 and this Section with any information the applicant believes probative to
demonstrate its competence to operate a cannabis retail business.
I. The City Manager may establish deadlines for the submission of information by a
cannabis retail business applicant. If such deadlines are established, no additional
materials or information may be submitted by an applicant once the time period for
applications has ended.
J. The City Manager shall award a cannabis retailer license to the highest ranking applicant
or applicants without preference as to whether the cannabis retailer is a storefront retailer
or delivery-only retailer, and shall notify each of the applicants of their respective score
and/or ranking. Notwithstanding the preceding, the City Manager may, in lieu of scoring,
opt to use a system of forced ranking to rank applicants.
K. The City Manager may, but is not required to, hold applications in reserve to offer
cannabis retail business licenses to the next highest ranked applicants if an applicant who
has been awarded a license fails to pay the license fee, commence business operations as
required in Section 6.12.410 or whose license has been revoked pursuant to Section
6.12.610. In the alternative, and if there remain opportunities for award of cannabis retail
business licenses, the City Manager may reject all applications placed on hold and
determine that the process set forth in this Section shall be re-instituted and another round
of applications considered.
L. The City Manager may establish minimum criteria for qualification for a retail license but
shall not be obligated to award a retail cannabis license based on an applicant’s
satisfaction of said minimum criteria.
M. With the exception of the material in the application and materials submitted pursuant to
this Section that relate to the finances and criminal background of the applicant and its
N. Any applicant aggrieved by the decision of the City Manager may obtain review of the
within ninety (90) days of notice by filing with the Shasta County Superior Court a
petition for review pursuant to California Code of Civil Procedure section 1094.5. For
purposes of this Section, notice shall be the date that the decision of the City manager is
deposited in the United States mail.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Section 6.12.410 Failure to Commence Retail Operations and Abandonment.
A. If a cannabis retailer has not opened at the approved location and commenced operations
within ninety (90) calendar days of being issued a license pursuant to this Chapter, the
license shall be deemed expired and void. The City of Redding shall provide written
notice to the cannabis retailer that the license has expired and is void. Upon a factual
showing of good cause by the cannabis retailer for its failure to commence operations
within the required time, the Director may grant extensions of up to one hundred and
twenty (120) calendar days to commence operations based upon a finding of good cause
for the extension. That determination shall be final.
B. Notwithstanding Section 18.46.020 of the Redding Municipal Code, any cannabis retailer
licensee who surrenders, abandons or quits the licensed premises, or who closes the
licensed premises for a period exceeding thirty (30) consecutive calendar days, shall
within ten (10) business days after closing, surrendering, quitting or abandoning the
licensed premises, surrender its cannabis license to the City of Redding. The City of
Redding may seize the cannabis business license of a cannabis retailer who fails to
comply with the surrender provisions of this Section and may proceed to revoke the
license. Upon a showing of good cause by the cannabis retailer, the Director may grant a
one-time only extension of up to ninety (90) calendar days to the cannabis retailer to
reestablish operations at the premises of the cannabis business premises. The
determination of the Director shall be final.
C. “Good Cause” includes, but is not limited to, termination of the cannabis business’s lease
by the property owner; a change in federal, state or local law that now prohibits use of the
previously approved location as a cannabis business; foreclosure or sale of the approved
location resulting in the cannabis business’s inability to enter into a new lease; damage to
or deterioration to the building that prevents the safe use and/or occupation of the
structure until all required repairs are made. However, if the cannabis business is
responsible for the condition, including any non-licensed construction or alteration of the
structure or non-licensed electrical, mechanical or plumbing, “good cause” shall not be
found.
D. A determination by the Director that a licensee has failed to commence operations, or has
surrendered, abandoned or quit the premises is subject to review pursuant to Section
6.12.620.
A. A cannabis retailer – delivery only licensee shall conduct retail sales exclusively by
delivery. The entire premises of such licensee shall be considered a retailer limited-
access area within the meaning of Section 6.12.430.
B. The licensed premises of a non-storefront retailer licensee shall be closed to the public.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Section 6.12.430 Retailer Limited-Access Areas.
A. A cannabis retailer shall comply with all of the requirements set forth in Section 5401 of
Title 16 of the California Code of Regulations. Any person who is not an employee of
the licensee, but is an authorized visitor within the meaning of Section 5401 of Title 16 of
the California Code of Regulations, shall prominently wear a badge issued by the licensee
identifying that person as an authorized visitor.
B. The retailer shall make available to the City of Redding upon request all logs of visitors
required by Section 5401 of Title 16 of the California Code of Regulations.
A. Individuals shall be granted access to the retail area only to purchase cannabis goods after
the retailer or an employee of the retailer has verified that the individual is at least
twenty-one (21) years of age and has a valid proof of identification, or that the individual
is at least eighteen (18) years of age, has valid proof of identification and a valid
identification card issued pursuant to Health and Safety Code section 11362.71.
C. The cannabis retailer or its employees shall be physically present in the retail area at all
times when individuals who are not employees of the retailer are in the retail area. For
purposes of this Section “retail area” shall mean the area of the premises where cannabis
goods are displayed for sale or any place where a thing of value is exchanged for a
cannabis good.
A. A cannabis retailer shall sell and/or deliver cannabis goods only between the hours of
8:00 a.m. and 8:00 p.m.
B. At any time the premises is not open for retail sales, the cannabis retailer shall ensure the
following:
3. Only employees and contractors of the retailer are allowed on the premises.
C. A cannabis retailer shall accept shipments of cannabis goods only between the hours of
6:00 a.m. to 10:00 p.m. During business hours shipments of cannabis goods shall not
enter the premises through an entrance or exit that is available for public use.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
D. A cannabis retailer shall comply with the limitations with regard to the amounts of
cannabis that may be sold in one (1) day to a customer, as set forth in Section 5409 of
Title 16 of the California Code of Regulations.
A cannabis retailer shall only sell adult-use cannabis goods to individuals who are at least
twenty-one (21) years of age and medicinal cannabis goods to individuals who are at least (18)
years of age and who present an identification card issued pursuant to Health and Safety Code
section 11362.71.
A. Cannabis goods for inspection and sale shall only be displayed in the retail area.
B. Cannabis goods may be removed from their packaging and placed in containers to allow
for customer inspection. The containers shall not be readily accessible to customers
without assistance of retailer personnel. A container must be provided to the customer by
the retailer or its employees, who shall remain with the customer at all times that the
container is being inspected by the customer.
C. Cannabis goods removed from the packaging for display shall not be sold, shall not be
consumed and shall be destroyed pursuant to Section 5054 of Title 16 of the California
Code of Regulations.
A. A cannabis retailer shall not make any cannabis goods available for sale or delivery to
customers unless the cannabis goods were received from a distributor licensed by the
State of California; the retailer has verified that the cannabis goods have not exceeded
their expiration or sell-by date if one is provided; and, in the case of manufactured
cannabis products, the product complies with all requirements of Business and
Professions Code section 26130 and other relevant laws.
B. A cannabis retailer may accept customer return of cannabis goods but only in accordance
with Section 5410 of Title 16 of the California Code of Regulations.
A. A cannabis retailer shall document its inventory in accordance with Section 5423 of Title
16 of the California Code of Regulations and reconcile its inventory in accordance with
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Section 5424 of Title 16 of the California Code of Regulations at least once every
fourteen (14) days.
A. A retailer shall maintain a record of sales for each transaction pursuant to Section 5425 of
Title 16 of the California Code of Regulations.
B. Pursuant to Section 6.12.300, all records of sale shall be kept for a period of seven (7)
years after the transaction and shall be made available for inspection and copy by the City
of Redding.
With the exception of alcohol and tobacco, a cannabis retailer may sell non-cannabis products at
a licensed premises.
A cannabis retailer who possesses all valid and unexpired licenses from the City of Redding and
the State of California may sell live plants but only under the conditions set forth in Section 5408
of Title 16 of the California Code of Regulations.
A. A cannabis retailer shall not accept, possess, or sell cannabis goods that are not packaged
as they will be sold at final sale.
C. A cannabis retailer shall ensure that its customers do not leave the cannabis retailer’s
premises unless the cannabis goods are placed in an opaque exit package.
A. It is unlawful to deliver cannabis goods within the jurisdictional limits of the City of
Redding unless delivery is made by a cannabis retailer licensed by the City of Redding.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
B. All deliveries shall comply with Sections 5415 through 5421, inclusive, of Title 16 of the
California Code of Regulations.
C. Any motor vehicle used by a retailer to deliver cannabis goods is subject to inspection by
City of Redding personnel. Vehicles used to deliver cannabis goods may be stopped and
inspected by City of Redding personnel at any licensed premises or during delivery.
D. Pursuant to Section 6.12.300, the retailer shall retain delivery receipts, as described in
Section 5420 of Title 16 of the California Code of Regulations for a period of seven
(7) years after delivery. All such receipts are subject to inspection and copy by the City
of Redding.
E. All deliveries shall be accomplished within the hours of operation set forth in Section
6.12.450.
A. No person or entity shall perform the duties of a distributor without having a valid and
unexpired license for said activity from the State of California and without having a valid
and unexpired license for such activity from the City of Redding.
B. A distributor shall not store or distribute non-cannabis goods on or from the premises
licensed for distribution of cannabis goods.
D. Cannabis goods batches for testing shall be stored and labeled in accordance with Section
5302 of Title 16 of the California Code of Regulations.
E. A distributor may package, re-package, label and re-label cannabis for retail sale.
G. After taking physical possession of a cannabis goods batch, the distributor shall contact a
testing laboratory and arrange for a laboratory employee to come to the distributor’s
licensed premises to select a representative sample for laboratory testing. The distributor
shall thereafter comply with Section 5305 of Title 16 of the California Code of
Regulations.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
H. A distributor shall not transport cannabis goods to a retailer unless the representative
batch from the manufacturer or cultivator meets the specifications set forth in Chapter 6
of Title 16 of the California Code of Regulations. The distributor shall conduct a quality-
assurance review pursuant to Section 5307 of the California Code of Regulations prior to
transport to a retailer.
I. A distributor shall satisfy the insurance requirements set forth in Section 5308 of the
California Code of Regulations.
J. A distributor shall reconcile all inventories of cannabis goods at least once every fourteen
(14) days and shall keep an inventory log which satisfies the requirements set forth in
Section 5309 of Title 16 of the California Code of Regulations.
K. In addition to the records required of a cannabis business, a distributor shall also maintain
the records required by Section 5310 of Title 16 of the California Code of Regulations.
All such records shall be kept on the site of the licensed premises and shall be subject to
examination and copy by the City of Redding.
M. A distributor shall not transport cannabis goods except in the conduct of business activity
authorized herein by license. During transport, the distributor shall only travel between
licensees shipping or receiving cannabis goods and its own licensed premises. During the
transport of cannabis goods, the distributor shall not deviate from its route or stop except
as necessary to comply with the law, attend to a safety issue, or attend to the mechanical
and fuel needs of the transport vehicle or because road conditions make continued use of
the route unsafe, impossible, or impracticable. In all such cases, cannabis goods shall
not be left unattended by the driver.
N. No vehicle shall be used in the transport of cannabis goods unless all transport vehicle
information required by Section 5312 of Title 16 of the California Code of Regulations
has been supplied to the Director.
O. No person under the age of twenty-one (21) years of age shall be in a vehicle or trailer
transporting cannabis goods and only a licensee or an employee of the distributor shall be
in a vehicle while transporting cannabis goods.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Q. An applicant may be licensed for a “distributor – transport” only license upon payment of
a fee to be established for all other distributors by resolution of the City Council. In such
cases, a distributor who only transports cannabis shall be solely authorized to engage in
the transport of cannabis between licensees of the State of California. A distributor –
transport only licensee shall not be authorized to transport cannabis goods to the premises
of a retailer, except for when the licensee is transporting only immature plans and seeds
from a cultivator to a licensed retailer, both of whom must be licensed by the State of
California. In all other respects, a distributor – transport only licensee shall comply with
Section 5315 of Title 16 of the California Code of Regulations.
It is unlawful to operate a cannabis event, as described in Sections 5600 through 5603, inclusive,
of Title 16 of the California Code of Regulations, within the City of Redding.
A. No person shall manufacture cannabis products unless that person has all applicable valid
and unexpired licenses for manufacture issued by the State of California and the City of
Redding.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Section 6.12.590 Testing Laboratories and Limited Testing Facilities.
B. Testing laboratories shall comply with Sections 5700 through 5739, inclusive, of Title 16
of the California Code of Regulations.
D. A testing laboratory licensed by the State of California may operate a satellite location
within the City of Redding which has for its sole purpose the testing of cannabis for
potency.
In construing and enforcing the provisions of this Chapter and Title 18 of the Redding Municipal
Code, the act, omission or failure of an agent, officer, representative or other person acting for or
employed by a licensee, within the scope of his or her employment or office, shall in every case
be deemed the act, omission or failure of the licensee.
A. The Director may suspend, modify, further condition or revoke any license issued to a
cannabis business issued pursuant to the provisions of this Chapter for any of the
following reasons:
2. The licensee, or any of its owners, has violated a term or condition of its license
issued pursuant to this Chapter or a term or condition of a license issued by the
State of California.
3. The licensee, or any of its owners, has violated the Redding Municipal Code or
the laws of the State of California.
5. The licensee failed to pay a fee, tax, fine, administrative penalty or any amount
resulting from a civil judgment when due.
6. The licensee failed to take reasonable steps, as defined in Section 5808 of Title 16
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
of the California Code of Regulations, to correct objectionable conditions that
constitute a nuisance on the licensed premises, including the immediately adjacent
area that is owned, leased, or occupied by the licensee, within a reasonable time
after receipt of notice to abate the condition.
7. The licensee failed to take reasonable steps, as defined in Section 5808 of Title 16
of the California Code of Regulations, to correct objectionable conditions that
constitute a nuisance within a reasonable time which occur during operating hours
on any public sidewalk within twenty (20) feet of the licensed premises.
8. The licensee knowingly engaged in the illegal sale, or negotiations for the sale, of
controlled substances, as defined in Section 5805 of Title 16 of the California
Code of Regulations, upon his or her licensed premises. Successive sale, or
negotiations for sale, over any continuous period of time shall be deemed
evidence of permission.
9. When required to provide notice to the City of Redding of any term or condition
set forth in this Chapter, the licensee or any of its owners made a false or
misleading representation or omitted notice when it was required.
B. A cannabis business licensee whose license has been suspended shall conspicuously
display a notice on the exterior of the licensee’s premises for the duration of the
suspension, and ensure that the notice remains continuously in place for the time
specified. The notice shall be in at least twenty-four (24) point type and provide as
follows:
NOTICE OF SUSPENSION
C. A licensee whose license has been revoked shall conspicuously display a notice on the
exterior of the licensee’s premises indicating that the license has been revoked. The
notice shall remain continuously on the licensed premises for at least fifteen (15) calendar
days. The notice shall be in at least twenty-four (24) point type and provide as follows:
D. Action taken by the Director with respect to the suspension, modification, or revocation
of a cannabis business license shall be final and conclusive. Any licensee aggrieved by
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
the suspension, modification or revocation of a cannabis business license may obtain
review of such decision by appeal to the City Manager pursuant to 6.12.620.
Section 6.12.620 Initiation of Discipline and Appeals.
B. Upon receipt of a timely notice of appeal, the Director shall transmit said notice of appeal
to the City Clerk for setting of a hearing. Unless continued for good cause demonstrated,
appeals shall be heard by the City Manager within thirty (30) calendar days of the date
notice of appeal was received by the Director.
C. After considering all of the testimony and evidence submitted at said hearing, the City
Manager shall decide the appeal based upon a preponderance of the evidence and issue
written findings of fact no later than ten (10) days after the hearing. Hearings before the
City Manager shall not be bound by formal rules of evidence. Hearsay evidence may be
received; however, in no event shall a decision be based solely on hearsay evidence. The
City Manager may deny, uphold, or modify the discipline imposed by the Director. The
findings and decision of the City Manager shall be final and conclusive and not
appealable to the City Council.
D. Any licensee aggrieved by the order of the City Manager may obtain review of the order
within ninety (90) days of notice by filing with the Shasta County Superior Court a
petition for review pursuant to California Code of Civil Procedure section 1094.5. For
purposes of this Section, notice shall be the date that the decision of the City Manager is
deposited in the United States mail.
A. The Director may eliminate, modify or add to any condition imposed on a cannabis
business license when he or she deems such action reasonably necessary to protect the
health, safety or welfare of the public or to otherwise secure compliance with the
requirements set forth in the Redding Municipal Code. The action taken on the license
B. The action by the Director taken pursuant to this Section may be made in conjunction
with disciplinary action, in lieu of disciplinary action, or independent of disciplinary
action.
C. Any person aggrieved by the action of the Director may appeal the decision of the
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Director pursuant to the procedures set forth in Section 6.12.620 relating to suspension
and revocation of a license.
Section 6.12.640 Remedies and Public Nuisance.
A. The procedures set forth in this Chapter shall be cumulative and in addition to any other
procedure or legal remedy provided for in the Redding Municipal Code or the laws of the
State of California. Nothing in this Chapter shall be deemed to prevent the City of
Redding from commencing alternative administrative, civil or criminal proceedings.
C. This Chapter is cumulative to all other remedies now or hereafter available to abate or
otherwise regulate, enforce or prevent public nuisances or to enforce the provisions of the
Redding Municipal Code. Any violation of this Chapter may be subject to injunctive
relief, revocation of any license issued by the City of Redding, disgorgement and
payment to the City of Redding of any and all money unlawfully obtained, costs of
abatement, investigation and attorney fees or any other relief or remedy available at law
or equity.
All cannabis business licensees, owners, and/or responsible parties, as defined in Section
1.14.020, shall be jointly and severally liable for violation of any provision set forth in this
Chapter.
An exception may be considered for the following standards. Additional exceptions may be
allowed if, in the opinion of the Director, they are of a similar nature or magnitude to those listed
below:
B. Buffer Yards, Alternative. The minimum width of a buffer yard required by Schedule
18.40.020-A: Buffer Yards, may be reduced by up to twenty-five percent (25%) provided
that the reduction will not increase the potential for land use impacts between adjoining
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
properties given the circumstances of a particular site.
C. Building Separation. The Director may authorize a reduction in minimum building
separation of up to twenty percent (20%) between buildings if the reduction will maintain
compliance with the California Building Code.
E. Fence Height. In any district, the maximum height of any fence, wall, hedge or
equivalent screening may be increased by a maximum of two feet (2’) where the
topography of sloping sites or a difference in grade between adjoining sites warrants such
increase in height to maintain a level of privacy or to maintain effectiveness of screening
as generally provided by such fence, wall, hedge or screening in similar circumstances.
F. Front Yard Setback (Increase). In the "RS" and "RE" districts, the Director may increase
the maximum front yard setback where it is determined that the increase will not
unreasonably affect abutting sites.
G. Front Yard Setback (Decrease). In any district, the Director may decrease the minimum
setback by ten percent (10%) where the decrease will not unreasonably affect abutting
sites provided that no exception shall be granted for a garage that is designed to have
vehicles back directly out into the street. In addition, the Director is authorized to grant a
five percent (5%) reduction in any setback requirements where construction has
commenced and a mistake was made in the surveying or plans preparation.
H. Garage Setback/Sloped Lots. Where the elevation of a lot at a point twenty feet (20’)
behind the entire frontage of a lot (as measured from the back of curb) is seven feet (7’)
above or below the level of the curb, a private garage (attached or detached) for a single-
family residence may have a minimum front yard setback of ten feet (10’) from the front
property line of the lot provided that a third open parking space is provided on the site.
I. Lot Size. In any "RE" or "RS" zone, the Director may authorize a maximum ten percent
(10%) reduction in parcel area on parcels created by parcel map if two or more existing
parcels within two hundred feet (200’) of the proposed parcel map are less than the
minimum parcel size.
1. Existing rear or side yard setbacks in the abutting "RE" or "RS" district are
sufficient to ensure that the intent of the multistory, transitional height, or
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
skyplane limitations are met.
2. The difference in existing or proposed finished grade between building sites is
such that privacy, height, or bulk impacts to any residential district would not be
present if requirements are reduced.
K. Reserved.
1. Recreational Vehicle Storage. In the "RE" and "RS" districts, the Director may
approve a zoning exception to allow not more than one recreational vehicle, as
defined in Schedule 18.31.030-C, Note (8), to be parked within the front or street
side yard setback area subject to the following findings and requirements:
a. The Director finds that the applicant has submitted an affidavit and related
materials that affirm the following:
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
(D) Existence of substantial slopes.
iii. The vehicle shall not be parked closer than two feet (2’) to a side
property line.
iv. No part of the vehicle may extend more than three feet (3’) into the
public or private right-of-way or be closer than two feet (2’) to a
public sidewalk.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
and size of vehicle are permitted.
viii. Registration shall remain current throughout the term of the zoning
exception. (Note: Vehicles registered with the department of motor
vehicles as "Non-Op" are not considered to be registered vehicles
for the purpose of this section.)
ix. Zoning exceptions shall be valid for a period not to exceed three
(3) years. Upon application, the Director may grant one or more
renewals not to exceed a time period of three (3) years for each
renewal. Noticing, property owner objection/appeal, and other
provisions and requirements pertaining to the original approval
shall apply to renewal requests.
O. Reversing the Frontage of a Corner Lot. The front yard and street side yard setbacks on a
corner lot that were established at the time of issuance of a building permit for the
original structure may be reversed for the purpose of establishing yard requirements
provided that: (1) the reversal will not result in the placement of structures that are
inconsistent with the general nature of the neighborhood and (2) vehicular and pedestrian
safety will not be jeopardized.
P. Roof-Mounted Heating and Air Conditioning Equipment. The Director may approve
installation of roof-mounted residential heating and air-conditioning equipment provided
that the equipment cannot be seen from any existing or future public street, park, school,
open-space or other public area for a distance of at least six hundred feet (600’). In
making such a determination, the Director shall consider such factors as the method of
screening proposed, topography of the site and surrounding sites, and allowable height of
existing and future buildings within six hundred feet (600’) of the proposed equipment.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
or more family members as defined by this code. The accessory dwelling unit shall not
be rented, and this stipulation shall be included in the deed restriction required by
subsection 18.43.140.D.
R. Shade Trees in Parking Lot. The Director may authorize a maximum twenty-five percent
(25%) reduction in the number of shade trees required in a parking lot provided that the
total number of trees required is provided in alternate locations on the site adjacent to the
parking area.
S. Side Yard and Rear Yard Setbacks. In any district, the Director may decrease the
minimum setback by not more than twenty percent (20%) where the proposed setback
area or yard is in character with the surrounding neighborhood and is not required as an
essential open-space or recreational amenity to the use of the site, where such decrease
will not unreasonably affect abutting sites. In the "GO" district, one side yard other than
a street side yard may be decreased to that established for an adjacent existing building
provided that one side yard has a minimum setback of ten feet (10’), (fifteen feet (15’) if
adjacent to an "R" district).
T. Sign Height, Increased. The Director may authorize an increase in pole sign height not to
exceed thirty-five feet (35’) when necessary for sign visibility due to topography;
surrounding buildings; existing trees to be preserved, except city street trees; or similar
circumstances. The Director shall consider, in addition to visibility or sight obstructions,
vehicle speed, visibility/readability from freeway off-ramp locations, or other factors
which may negate the benefit otherwise gained by increased sign height.
U. Surfacing. The requirement for paving driveways over one hundred fifty feet (150’) in
length may be waived provided that: (1) the first thirty feet (30’) from the paved street or
back of the sidewalk shall be paved, (2) the driveway-surfacing requirements of the fire
marshal shall be met, and (3) the driveway is not located within seventy-five feet (75’) of
an existing or future residence.
V. Unique Parking Demand Uses. The Director may authorize up to a ten percent (10%)
reduction in the off-street parking requirement upon an adequate showing that parking
demand for a use is less than that required by Chapter 18.41 (Off-Street Parking and
Loading) of this title.
Section 6. Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits), Section 18.17.030
is amended to read in its entirety as follows:
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
A. Events. Carnivals, circuses, outdoor concerts, fairs, farmers' markets, festivals, flea
markets, food concessions, outdoor entertainment/sporting events, off-site vehicle sales,
parking lot/outdoor sales not associated with a lawful permanent business on-site,
rummage sales, secondhand sales, swap meets and other similar events or activities.
D. Time Limitations. Unless otherwise regulated by subsection E of this section, time limits
on the event duration shall be established by the temporary use permit.
2. Outdoor concerts, flea markets, rummage sales, secondhand sales and swap meets
shall be limited to four (4) calendar days per event.
3. Off-site vehicle sales (including boats and RV's) may be permitted for no more
than five (5) days per event and no more than two annual events on the same
property per dealer.
4. Farmer's markets shall be limited to three days per site per week.
5. Parking lot/outdoor sales not associated with a lawful permanent business on-site
may be permitted for no more than five (5) days per event. No more than ten
percent (10%) of the parking spaces on-site shall be used for the event.
6. Food concessions, including hot dog stands, may be permitted when located
adjacent to an existing retail building.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Residential Care, Limited P
Supportive Housing Facilities P
Transitional Housing Facilities P
Residential Cannabis Cultivation L19 P See Chapter 6.12
Public and Semipublic Uses
Cemetery U
Park & Recreation Facilities S
Public Safety Facilities S
Religious Facilities S Use permit required if over 10,000 sq. ft.
Must demonstrate provision of high level of care and
Residential Care, Senior S
services
Must demonstrate provision of high level of care and
Residential Care, General S
services
Schools, Public or Private U
Commercial Uses
Bed and Breakfast
Sd See Section 18.43.060
Establishments
Commercial Recreation U
Utilities, Major U
Utilities, Minor P
Retail Cannabis Sales -- Not permitted
Commercial Cannabis Cultivation -- Not permitted
Industrial Uses
Cannabis Distribution,
Manufacturing, Processing, -- Not permitted
Testing, and Storage
Agriculture and Extractive Uses
Crop and Animal Raising Sd
Mining and Quarrying U See Chapter 18.44
Nurseries Sd
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Section 8. Title 18 (Zoning), Chapter 18.31 (Residential Districts: “RE” Residential
Estate, “RS” Residential Single-Family, and “RM” Residential Multiple Family), Schedule
18.31.020-A is amended to read in its entirety as follows:
Residential Uses
Residential Condominium
and Condominium — — P (9)
Conversions
Dwelling Group — — S
Group Residential — — S
Transitional Housing
P P P (8)
Facilities
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Residential Cannabis L19 P L19 P L19 P See Chapter 6.12
Cultivation
Community Centers — S S
Religious Facilities S S S
Commercial Uses
Commercial Recreation L2 L2 —
Food and Beverage Sales U U U Not to exceed 3,500 sq. ft.; no gasoline sales or
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Commercial Cannabis
C C C Not permitted
Cultivation
Utilities, Minor P P P
Industrial Uses
Cannabis Distribution,
Manufacturing, Processing, -- -- -- Not permitted
Testing, and Storage
Specific Limitations
L1 Only in RS-3.5 and RS-4 with approval of a site development permit and when in character with
the existing or proposed neighborhood.
L2 Golf courses, racquet clubs, health and fitness clubs (public and private) allowed in these
residential districts on parcels five acres and larger with approval of a use permit.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12,
Cannabis Activity.
(1) Residential Care Facilities in the "RE" and "RS" Districts shall not exceed the population
density that would otherwise result from typical residential development based on the
standard of 2.47 persons per household. For example, a 2-acre parcel in an "RS-3" District
would be limited to 15 persons receiving care (2x3x2.47=15 persons).
(2) In the "RE" and "RS" Districts, any facility over 5,000 square feet shall be developed in
accordance with the "RM-10" District, except that building height shall not exceed 35 feet.
(4) Single-family prohibited in "RM" District on lots created after adoption of this section except
in a "PD" Planned Development District and for small-lot subdivisions.
(5) The Director may require buffer yards on side and rear property lines of the office
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
development as specified in Section 18.40.020.
(6) Site development permit issued by the Director shall be required for construction of any units
on a parcel without public-street access.
(7) Size limit: 5,000 square feet. Limited to conversion of existing structures in "RM-12" through
"RM-30" Districts; new construction is allowed in "RM-6" through "RM-10" Districts.
(8) Permitted use subject to consistency with the definition of the use contained in Chapter 18.60.
Proposed transitional and supportive facilities that are inconsistent with Chapter 18.60 may
be allowed only in the "RM" District subject to first obtaining a site development permit
approved by the Board of Administrative Review.
(9) Permitted use subject to the requirements of Section 18.43.170 and the condominium
subdivision requirements of Chapters 17.30 and 17.34; see Schedule 18.31.030-B for
maximum allowable densities.
Section 9. Title 18 (Zoning), Chapter 18.32 (Office Districts: “LO” Limited Office and “GO”
General Office), Schedule 18.32.020-A is amended to is amended to read in its entirety as follows:
Additional
Use Classifications "LO" "GO" Regulations
Clinics Sd P
Community Centers -- U
Cultural Institutions -- P
Government Offices P P
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Hospitals (including emergency care) -- P
Religious Facilities S P
Commercial Uses
Ambulance Services S S
Business Services P P
Drive-up/Drive-through Service -- --
Laboratories P P
Parking, Office Sd Sd
Parking, Structures U U
Personal Services P P
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Retail Sales L5 L5
Neighborhood Retail L5 L5
Community Retail -- --
Travel Services P P
Utilities, Major -- U
Utilities, Minor P P
Industrial Uses
Specific Limitations:
L3 No drive-through service.
L6 Site development permit required for kennels. Outdoor dog runs are prohibited.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter
6.12, Cannabis Activity.
Section 10. Title 18 (Zoning), Chapter 18.33 (Commercial Districts: “NC” Neighborhood
Commercial, “SC” shopping Center, “RC” Regional Commercial, “GC” General Commercial,
and “HC” Heaving Commercial), Schedule 18.33.020-A is amended to read in its entirety as
follows:
“GC- Additional
Use Classifications “NC” “SC” “RC” “GC” “HC”
VR” Regulations
Residential Uses
Single-Family L7 — — L7 — L6
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Community Centers U U U U — S
Cultural Institutions L8 L8 P P Sd Sd
Government offices L8 L8 P P P P
Hospitals — — — S — —
Parking, Public — S S S S S
Religious Facilities S S S P S S
Commercial Uses
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Adult Business Establishments — — — — — U
See Section 18.43.020
Business Services L8 P P P P P
Commercial Recreation S S S S S S
Commercial Entertainment — P P P P —
Drive-Up/Drive-Through L3 Sd Sd Sd Sd Sd
Service See Section 18.43.080
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Food Preparation P P P P P P
Homeless Shelters — — — — — P
See Section 18.43.160
Personal Services P P P P P P
Retail Sales P P P P P P/
L10 See Section 18.43.130
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Recycling Station L7 L7 L7 L7 L7 L7
Travel Services P P P P P P
Automobile Rentals — — S Sd — Sd
Automobile Washing — S S Sd L7 Sd
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Industrial Uses
Handicraft/Custom — L8 L8 L8 L8 P
Manufacturing
Industry, General — — — — — U
Cannabis Distribution,
Manufacturing, Processing, -- -- -- -- -- -- Not permitted
Testing, and Storage
Communication — U U U U U
Antennae/Transmission Towers See Section 18.40.010
Transportation Passenger S S S S S S
Terminals
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Truck Weigh Stations — — — — — S
Utilities, Major — — U U — U
Specific Limitations:
L3 No drive-through service except for establishments not exceeding 150 square feet in developed
neighborhood commercial projects exceeding 2 acres in area. Site development permit required.
L6 Caretakers' quarters only, not to exceed 1,000 square feet. Site development permit—Director
required.
L12 Reserved.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12,
Cannabis Activity.
L20 Retail sales of cannabis products permitted in accordance with the provisions of Chapter 6.12,
Cannabis Activity.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Section 11. Title 18 (Zoning), Chapter 18.34 (Industrial Districts: “GI” General Industry
and “HI” Heavy Industry), Schedule 18.34.020-A is amended to read in its entirety as follows:
Residential Uses
Single Family L6 L6
Cultural Institutions S C
Commercial Uses
Commercial Recreation S C
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
and Services
Large Vehicle/Equipment P P
Sales, Service & Rental
Vehicle Storage S S
Industrial Uses
Industry, P P
Handicraft/Custom
Industry, General P P
Industry, Heavy S P
Salvage/Wrecking L14 S U
Self-Storage Warehouses Sd C
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Communication Antennae & L16 L16 See Section 18.40.010
Transmission Towers
Communication Facilities P P
within Buildings
Freight/Truck Terminals S S
and Warehouses
Utilities, Major P P
Utilities, Minor P P
Nurseries P C
Specific Limitations
L6 A single caretakers’ quarters only, not to exceed 1,000 square feet. Site
development permit required.
L15 Retail sales and ancillary uses allowed as accessory uses not to exceed 10 percent of
floor area unless a site development permit if first obtained.
L17 Offices that support industrial uses, business and office parks, and corporate offices,
excluding small-scale offices oriented to individual/personal services.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter
6.12, Cannabis Activity.
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
L20 Retail sales of cannabis products permitted in accordance with the provisions of
Chapter 6.12, Cannabis Activity.
Section 12. Title 18 (Zoning), Chapter 18.35 (“OS” Open Space District), Schedule
18.35.030-A is amended to read in its entirety as follows:
Buildings --
Camping --
Fences --
Gardening --
Grading/filling --1
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Refuse dumping --
Storage of materials --
Trail/interpretive signs P
L17 Only in RS-3.5 and RS-4 with approval of a site development permit and when in character
with the existing or proposed neighborhood.
L18 Golf courses, racquet clubs, health and fitness clubs (public and private) allowed in these
residential districts on parcels five acres and larger with approval of a use permit.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12,
Cannabis Activity.
1 Grading for trails, fire prevention, stormwater management, and similar activities is permitted.
Section 13. Title 18 (Zoning), Chapter 18.36 (“PF” Public Facilities District), Schedule
18.36.030-A is amended to read in its entirety as follows:
Additional
Use Classifications “PF” Regulation
s
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Community Social Service Facilities U
Cultural Institutions S 1
Government Offices S 1
Parking, Public S 1
Religious Facilities S 1
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Utilities, Major U
Utilities, Minor P
Residential Uses
See
Residential Cannabis Cultivation L19 P Chapter
6.12
Commercial Uses
Not
Commercial Cannabis Cultivation --
permitted
Not
Retail Cannabis Sales --
permitted
Industrial Uses
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12, Cannabis
Activity.
1 Use permit required if facility exceeds 30,000 square feet or 50 dwelling units.
Section 15. Title 18 (Zoning), Chapter 18.43 (Standards for Specific Land Uses), Section
18.43.110 is amended to read in its entirety as follows:
The City of Redding recognizes that some citizens may desire to use their places of residence for
some limited activity other than as a residence and supports such effort. However, the City
believes that the need to protect the character of residential neighborhoods is of paramount
concern. To that end, limited commercial-type activities are allowed in any residential dwelling
unit only to the extent that, to all outward appearances, neighbors or passersby will not be aware
of the activity. Home occupations are permitted within all residential zoning districts subject to
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
obtaining the appropriate business license; they also shall meet the following standards:
A. Standards.
1. The activity is one that is consistent with the use of the premises as a dwelling.
2. There shall not be any exterior evidence of the conduct of a home occupation.
3. A home occupation shall be conducted only within an enclosed living area of the
dwelling unit or the garage and shall not occupy more than twenty-five percent
(25%) of the gross floor area of the dwelling. A home occupation shall not be
permitted out-of-doors on the property or in any accessory structure utilized to
satisfy the off-street parking requirements of Chapter 18.41 (Off-Street Parking
and Loading) of this title.
6. Except for a cottage food operation, only the actual residents of the dwelling unit
shall engage in the home occupation; no employees shall be permitted on the
premises in connection with the home occupation except those who are residents
of the property. Pursuant to Section 113758 of the Health and Safety Code, a
cottage food operation may employ one nonhousehold member as an employee.
8. The conduct of any home occupation shall not reduce or render unusable areas
provided for the required off-street parking or prevent the number of cars
designated to be parked in a garage from doing so.
10. Storage and use of a limited amount of materials, goods, supplies or equipment
related to the operation of the home occupation is permitted provided that the
limitations delineated in subsections (A)(3) and (A)(5) of this section shall not be
exceeded. The display of goods or storage of uncustomary amounts of flammable
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
materials shall be prohibited.
11. Not more than one commercial motor vehicle, together with equipment, tools and
stock-in-trade maintained therein, is permitted where such motor vehicle is used
as the owner's means of transportation. Commercial vehicles exceeding the rated
capacity stated in Chapter 11.24 of this code are prohibited.
B. Special Review. Persons with demonstrated physical handicaps may be permitted special
review by the Development Services Director. A resident may request waiving one or
more, or a portion thereof, of the requirements of subsections (A)(1) through (A)(15) of
this section by seeking a zoning exception pursuant to Chapter 18.15 of this title.
Notification of the request shall be made to property owners within one hundred feet of
the subject property. In reviewing the request, the Director shall consider the applicant's
physical inability to function within the requirements of subsections (A)(1) through
(A)(15) of this section. Determinations made by the Director may be appealed to the
Board of Administrative Review as provided for in Chapter 18.11 (Common Procedures)
of this code.
C. Enforcement. Enforcement of the provisions of this Chapter may include the issuance of
a citation and fine, or other legal remedy as provided for in Title 1 of this code. If a
business is operating in violation of this code, it must terminate immediately.
a. The home occupation does not commence within one year of receipt of the
business license;
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
c. The original business license holder moves from the approved location;
2. In the event a home occupation changes, a new business license shall be obtained.
E. Inspections. Applicants for home occupations shall permit a reasonable inspection of the
premises by appropriate City staff to determine compliance with this Chapter.
F. Home Occupation Affidavit. Prior to issuance of a business license by the City Clerk, the
applicant shall attest that he/she understands the above requirements by signing the home
occupation affidavit available at the Development Services Department.
G. Cottage Food Operation. A cottage food operation, as defined and as limited in Section
113758 of the Health and Safety Code, is an allowable home occupation subject to the
standards set forth in this section.
Section 16. Title 18 (Zoning), Chapter 18.46 (Nonconforming Uses, Structures, Sites
and Parcels), Section 18.46.120 is amended to read in its entirety as follows:
In the event that a legal nonconforming structure or use is found to constitute a public nuisance
or has been legislatively determined by the City Council to constitute a public nuisance, the
public nuisance may be abated by civil, criminal or administrative action without restriction as to
remedy.
Section 17. Title 18 (Zoning), Chapter 18.61 (List of Terms and Definitions), Section
18.61.020 as amended as follows:
Section 18. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of the
ordinance. The City Council of the City of Redding hereby declares that it would have passed
Section 19. The passage of this Ordinance is not a “project” according to the definition
in the California Environmental Quality Act (“CEQA”), and therefore is not subject to the
provisions requiring environmental review. Pursuant to the Statutory Exemption set forth in
subdivision (h) of Business and Professions Code section 26055, this Ordinance is exempt from
Attachment: Final Ordinance (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
the provisions requiring environmental review because it requires discretionary review under
CEQA to approve licenses to engage in commercial cannabis activity within the jurisdictional
limits of the City of Redding.
Section 20. This Ordinance shall take effect thirty (30) days after the date of its
adoption, and the City Clerk shall certify to the adoption thereof and cause its publication
according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council of the City of Redding at a regular meeting on the ____ day of __________, 2018, and
was duly read and adopted at a regular meeting on the ____ day of ___________, 2018, by the
following vote:
_________________________________
KRISTEN SCHREDER, Mayor
_____________________________ __________________________________
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
An exception may be considered for the following standards. Additional exceptions may be
allowed if, in the opinion of the director, they are of a similar nature or magnitude to those listed
below:
A. Accessory Structure Front Yard Setbacks. Provided that the minimum front yard setback
will be maintained and where adjacent residences will not be adversely affected, the
director may allow an accessory structure to be located closer to the street than the
existing or proposed residence on the site.
E. Fence Height. In any district, the maximum height of any fence, wall, hedge or equivalent
screening may be increased by a maximum of two feet where the topography of sloping
sites or a difference in grade between adjoining sites warrants such increase in height to
maintain a level of privacy or to maintain effectiveness of screening as generally
provided by such fence, wall, hedge or screening in similar circumstances.
F. Front Yard Setback (Increase). In the "RS" and "RE" districts, the director may increase
the maximum front yard setback where it is determined that the increase will not
unreasonably affect abutting sites.
G. Front Yard Setback (Decrease). In any district, the director may decrease the minimum
setback by ten percent where the decrease will not unreasonably affect abutting sites
provided that no exception shall be granted for a garage that is designed to have vehicles
back directly out into the street. In addition, the director is authorized to grant a five
percent reduction in any setback requirements where construction has commenced and a
mistake was made in the surveying or plans preparation.
H. Garage Setback/Sloped Lots. Where the elevation of a lot at a point twenty feet behind
the entire frontage of a lot (as measured from the back of curb) is seven feet above or
below the level of the curb, a private garage (attached or detached) for a single-family
residence may have a minimum front yard setback of ten feet from the front property line
of the lot provided that a third open parking space is provided on the site.
I. Lot Size. In any "RE" or "RS" zone, the director may authorize a maximum ten percent
reduction in parcel area on parcels created by parcel map if two or more existing parcels
within two hundred feet of the proposed parcel map are less than the minimum parcel
size.
J. Multistory Limitations; Transitional Building Height; Skyplane. The director may reduce
the higher or second-story setbacks required by Section 18.31.030 and/or reduce the
1. Existing rear or side yard setbacks in the abutting "RE" or "RS" district are
sufficient to ensure that the intent of the multistory, transitional height, or
skyplane limitations are met.
K. Reserved.
1. Recreational Vehicle Storage. In the "RE" and "RS" districts, the director may
approve a zoning exception to allow not more than one recreational vehicle, as
defined in Schedule 18.31.030-C, Note (8), to be parked within the front or street
side yard setback area subject to the following findings and requirements:
a. The director finds that the applicant has submitted an affidavit and related
materials that affirm the following:
iii. The vehicle shall not be parked closer than two feet to a side
property line.
iv. No part of the vehicle may extend more than three feet into the
public or private right-of-way or be closer than two feet to a public
sidewalk.
viii. Registration shall remain current throughout the term of the zoning
exception. (Note: Vehicles registered with the department of motor
vehicles as "Non-Op" are not considered to be registered vehicles
for the purpose of this section.)
ix. Zoning exceptions shall be valid for a period not to exceed three
years. Upon application, the director may grant one or more
renewals not to exceed a time period of three years for each
renewal. Noticing, property owner objection/appeal, and other
provisions and requirements pertaining to the original approval
shall apply to renewal requests.
O. Reversing the Frontage of a Corner Lot. The front yard and street side yard setbacks on a
corner lot that were established at the time of issuance of a building permit for the
original structure may be reversed for the purpose of establishing yard requirements
provided that: (1) the reversal will not result in the placement of structures that are
inconsistent with the general nature of the neighborhood and (2) vehicular and pedestrian
safety will not be jeopardized.
P. Roof-Mounted Heating and Air Conditioning Equipment. The director may approve
installation of roof-mounted residential heating and air-conditioning equipment provided
that the equipment cannot be seen from any existing or future public street, park, school,
open-space, or other public area for a distance of at least six hundred feet. In making such
a determination, the director shall consider such factors as the method of screening
Q. Accessory Dwelling Units. Size Increase - The director may authorize up to a twenty
percent increase in the allowable size of an accessory dwelling unit provided that the
director determines that the exception is necessary to provide for the reasonable
accommodation for one or more disabled persons who will reside in the accessory
dwelling unit. Lot Size Reduction - The director may authorize an accessory dwelling unit
to be constructed on a lot less than six thousand square feet in size, provided that the
R. Shade Trees in Parking Lot. The director may authorize a maximum twenty-five percent
reduction in the number of shade trees required in a parking lot provided that the total
number of trees required is provided in alternate locations on the site adjacent to the
parking area.
S. Side Yard and Rear Yard Setbacks. In any district, the director may decrease the
minimum setback by not more than twenty percent where the proposed setback area or
yard is in character with the surrounding neighborhood and is not required as an essential
open-space or recreational amenity to the use of the site, where such decrease will not
unreasonably affect abutting sites. In the "GO" district, one side yard other than a street
side yard may be decreased to that established for an adjacent existing building provided
that one side yard has a minimum setback of ten feet (fifteen feet if adjacent to an "R"
district).
T. Sign Height, Increased. The director may authorize an increase in pole sign height not to
exceed thirty-five feet when necessary for sign visibility due to topography; surrounding
buildings; existing trees to be preserved, except city street trees; or similar circumstances.
The director shall consider, in addition to visibility or sight obstructions, vehicle speed,
visibility/readability from freeway off-ramp locations, or other factors which may negate
the benefit otherwise gained by increased sign height.
U. Surfacing. The requirement for paving driveways over one hundred fifty feet in length
may be waived provided that: (1) the first thirty feet from the paved street or back of the
sidewalk shall be paved, (2) the driveway-surfacing requirements of the fire marshal shall
be met, and (3) the driveway is not located within seventy-five feet of an existing or
future residence.
V. Unique Parking Demand Uses. The director may authorize up to a ten percent reduction
in the off-street parking requirement upon an adequate showing that parking demand for
a use is less than that required by Chapter 18.41 (Off-Street Parking and Loading) of this
title.
Maximum Cultivation Area. The director may approve an increase in the maximum allowed
cultivation area for a qualified patient or primary caregiver based on a written recommendation
of a physician that the medical needs of a qualified patient require a greater quantity of medical
marijuana than can be cultivated within the limitations established by Section 18.43.100. In no
Minimum Cultivation Area Setbacks. The director may approve a decrease in a minimum
required setback by no more that twenty percent upon determining that any of the following are
in evidence:
A. Events. Carnivals, circuses, outdoor concerts, fairs, farmers' markets, festivals, flea
markets, food concessions, outdoor entertainment/sporting events, off-site vehicle sales,
parking lot/outdoor sales not associated with a lawful permanent business on-site,
rummage sales, secondhand sales, swap meets, and other similar events or activities.
B. Temporary Real Estate Sales Offices. An office, including a manufactured or mobile unit,
for the marketing, sales, or rental of residential, commercial, or industrial development.
3. Off-site vehicle sales (including boats and RV's) may be permitted for no more
than five days per event and no more than two annual events on the same property
per dealer.
4. Farmer's markets shall be limited to three days per site per week.
5. Parking lot/outdoor sales not associated with a lawful permanent business on-site
may be permitted for no more than five days per event. No more than ten percent
of the parking spaces on-site shall be used for the event.
6. Food concessions, including hot dog stands, may be permitted when located
adjacent to an existing retail building.
Residential Uses
Group Residential — — S
Transitional Housing
P P P (8)
Facilities
Community Centers — S S
Religious Facilities S S S
Commercial Uses
Commercial Recreation L2 L2 —
Commercial Cannabis
C C C Not permitted
Cultivation
Utilities, Minor P P P
Industrial Uses
Cannabis Distribution,
Manufacturing, Processing, -- -- -- Not permitted
Testing, and Storage
Specific Limitations
L1 Only in RS-3.5 and RS-4 with approval of a site development permit and when in character with
the existing or proposed neighborhood.
(1) Residential Care Facilities in the "RE" and "RS" Districts shall not exceed the population
density that would otherwise result from typical residential development based on the
standard of 2.47 persons per household. For example, a 2-acre parcel in an "RS-3" District
would be limited to 15 persons receiving care (2x3x2.47=15 persons).
(2) In the "RE" and "RS" Districts, any facility over 5,000 square feet shall be developed in
accordance with the "RM-10" District, except that building height shall not exceed 35 feet.
(3) Site development permit issued by the Director shall be required for development on all
parcels within an "RM" District where said parcel was created by a subdivision of 5 or more
parcels.
(4) Single-family prohibited in "RM" District on lots created after adoption of this section except
in a "PD" Planned Development District and for small-lot subdivisions.
(5) The Director may require buffer yards on side and rear property lines of the office
development as specified in Section 18.40.020.
(6) Site development permit issued by the Director shall be required for construction of any units
on a parcel without public-street access.
(7) Size limit: 5,000 square feet. Limited to conversion of existing structures in "RM-12" through
"RM-30" Districts; new construction is allowed in "RM-6" through "RM-10" Districts.
(8) Permitted use subject to consistency with the definition of the use contained in Chapter 18.60.
Proposed transitional and supportive facilities that are inconsistent with Chapter 18.60 may
be allowed only in the "RM" District subject to first obtaining a site development permit
approved by the Board of Administrative Review.
(9) Permitted use subject to the requirements of Section 18.43.170 and the condominium
subdivision requirements of Chapters 17.30 and 17.34; see Schedule 18.31.030-B for
maximum allowable densities.
Additional
Use Classifications "LO" "GO" Regulations
Community Centers -- U
Cultural Institutions -- P
Government Offices P P
Religious Facilities S P
Commercial Uses
Ambulance Services S S
Business Services P P
Drive-up/Drive-through Service -- --
Laboratories P P
Parking, Office Sd Sd
Parking, Structures U U
Personal Services P P
Retail Sales L5 L5
Neighborhood Retail L5 L5
Community Retail -- --
Travel Services P P
Utilities, Major -- U
Utilities, Minor P P
Industrial Uses
Specific Limitations:
L3 No drive-through service.
L6 Site development permit required for kennels. Outdoor dog runs are prohibited.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter
6.12, Cannabis Activity.
“GC- Additional
Use Classifications “NC” “SC” “RC” “GC” “HC”
VR” Regulations
Residential Uses
Single-Family L7 — — L7 — L6
Clinics L8 L8 P P Sd P
Community Centers U U U U — S
Cultural Institutions L8 L8 P P Sd Sd
Government offices L8 L8 P P P P
Hospitals — — — S — —
Parking, Public — S S S S S
Religious Facilities S S S P S S
Commercial Uses
Business Services L8 P P P P P
Commercial Entertainment — P P P P —
Drive-Up/Drive-Through L3 Sd Sd Sd Sd Sd
Service See Section 18.43.080
Food Preparation P P P P P P
Homeless Shelters — — — — — P
See Section 18.43.160
Personal Services P P P P P P
Retail Sales P P P P P P/
L10 See Section 18.43.130
Recycling Station L7 L7 L7 L7 L7 L7
Travel Services P P P P P P
Automobile Rentals — — S Sd — Sd
Automobile Washing — S S Sd L7 Sd
Vehicle Storage — — — S — S
Industrial Uses
Handicraft/Custom — L8 L8 L8 L8 P
Manufacturing
Industry, General — — — — — U
Cannabis Distribution,
Manufacturing, Processing, -- -- -- -- -- -- Not permitted
Testing, and Storage
Transportation Passenger S S S S S S
Terminals
Utilities, Major — — U U — U
Specific Limitations:
L3 No drive-through service except for establishments not exceeding 150 square feet in developed
neighborhood commercial projects exceeding 2 acres in area. Site development permit required.
L4 Site development permit required for drive-through.
L6 Caretakers' quarters only, not to exceed 1,000 square feet. Site development permit—Director
required.
L7 Only as an accessory use subject to approval of a site development permit.
Residential Uses
Single Family L6 L6
Cultural Institutions S C
Commercial Uses
Commercial Recreation S C
Large Vehicle/Equipment P P
Sales, Service & Rental
Vehicle Storage S S
Industrial Uses
Industry, P P
Handicraft/Custom
Industry, General P P
Salvage/Wrecking L14 S U
Self-Storage Warehouses Sd C
Communication Facilities P P
within Buildings
Freight/Truck Terminals S S
and Warehouses
Utilities, Major P P
Utilities, Minor P P
Nurseries P C
Specific Limitations
L6 A single caretakers’ quarters only, not to exceed 1,000 square feet. Site
L15 Retail sales and ancillary uses allowed as accessory uses not to exceed 10 percent of
floor area unless a site development permit if first obtained.
L17 Offices that support industrial uses, business and office parks, and corporate offices,
excluding small-scale offices oriented to individual/personal services.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter
6.12, Cannabis Activity.
L20 Retail sales of cannabis products permitted in accordance with the provisions of
Chapter 6.12, Cannabis Activity.
Buildings --
Camping --
Fences --
Gardening --
Refuse dumping --
Storage of materials --
Trail/interpretive signs P
L18 Golf courses, racquet clubs, health and fitness clubs (public and private) allowed in these
residential districts on parcels five acres and larger with approval of a use permit.
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12,
Cannabis Activity.
Grading for trails, fire prevention, stormwater management, and similar activities is permitted.
Additional
Use Classifications “PF” Regulation
s
Cemetery U
Cultural Institutions S 1
Government Offices S 1
Religious Facilities S 1
Utilities, Major U
Utilities, Minor P
Residential Uses
See
Residential Cannabis Cultivation L19 P Chapter
6.12
Commercial Uses
Not
Retail Cannabis Sales --
permitted
Industrial Uses
L19 Indoor cannabis cultivation permitted in accordance with the provisions of Chapter 6.12, Cannabis
Activity.
1 Use permit required if facility exceeds 30,000 square feet or 50 dwelling units.
18.43.100 - Medical marijuana cultivation at private residences.
A. Purpose. To regulate the cultivation of medical marijuana for personal use in a manner
that protects the health, safety, and welfare of the community and minimizes or
eliminates the potential nuisances associated with marijuana cultivation. This section is
not intended to interfere with a patient's right to medical marijuana, as provided in
California Health and Safety Code Section 11362.
B. Allowable Accessory Use. Qualified patients and designated primary caregivers shall be
allowed to cultivate marijuana at their private residences in accordance with a physician's
recommendation. Cultivation activities shall be at a scale that is accessory to the primary
use of the property and must be consistent with the standards established below.
C. Plant Limitation. Maximum of six marijuana plants, whether mature or not, may be
planted or cultivated at any individual residential address assigned to a legally established
residence. Said plants may be grown indoors or outdoors, or a combination thereof, in
accordance with the requirements of this Code.
a. Front yard. Cultivation areas shall not be located forward of the rear
foundation of the primary residence, including any attached garage or
similar attached structure.
d. Distance from the nearest residence which is not located on the same
parcel. Thirty feet.
E. In-Residence Cultivation.
1. A maximum of ten percent or one hundred square feet, whichever is larger, of the
total floor area of a residence may be used for cultivation purposes. Total floor
area of a residence does not include garage, attic, or other spaces not customarily
used for living purposes.
2. Total electrical loads for the cultivation of marijuana shall not exceed one
thousand two hundred watts, unless a licensed electrical contractor certifies in a
form acceptable to the building official, that the additional lighting loads meet the
requirements of the currently adopted California Electrical Code.
3. The use of gas products (CO2, butane, etc.) for medical marijuana cultivation is
prohibited.
4. The qualified patient and/or a designated primary caregiver shall reside in the
residence where the medical marijuana cultivation occurs.
5. The residence shall maintain a fully functional kitchen, bathroom(s), and primary
bedroom. These rooms shall not be used for medical marijuana cultivation where
F. Other Requirements.
2. The medical marijuana cultivation area(s) shall not adversely affect the health or
safety of nearby residents, or cause annoyance or discomfort to any reasonable
person of normal sensitiveness, by creating glare, heat, noxious gasses, odor,
smoke, vibration, or other impacts, or be hazardous due to the use or storage of
materials, processes, products, or wastes.
G. Exceptions. The director may grant limited exceptions to the maximum allowed
cultivation area for a qualified patient or designated caregiver and/or the minimum
cultivation area setbacks established by this section, in accordance with the provisions of
Section 18.15.030(W) (Zoning Exceptions, Medical Marijuana Cultivation).
The City of Redding recognizes that some citizens may desire to use their places of residence for
some limited activity other than as a residence and supports such effort. However, the city
believes that the need to protect the character of residential neighborhoods is of paramount
concern. To that end, limited commercial-type activities are allowed in any residential dwelling
unit only to the extent that, to all outward appearances, neighbors or passersby will not be aware
A. Standards.
1. The activity is one that is consistent with the use of the premises as a dwelling.
2. There shall not be any exterior evidence of the conduct of a home occupation.
6. Except for a cottage food operation, only the actual residents of the dwelling unit
shall engage in the home occupation; no employees shall be permitted on the
premises in connection with the home occupation except those who are residents
of the property. Pursuant to Section 113758 of the Health and Safety Code, a
cottage food operation may employ one nonhousehold member as an employee.
8. The conduct of any home occupation shall not reduce or render unusable areas
provided for the required off-street parking or prevent the number of cars
designated to be parked in a garage from doing so.
9. A home occupation shall not create greater vehicular or pedestrian traffic beyond
that which is normal in a residential district nor in any case require the parking of
more than one additional vehicle at any one time.
11. Not more than one commercial motor vehicle, together with equipment, tools, and
stock-in-trade maintained therein, is permitted where such motor vehicle is used
as the owner's means of transportation. Commercial vehicles exceeding the rated
B. Special Review. Persons with demonstrated physical handicaps may be permitted special
review by the development services director. A resident may request waiving one or
more, or a portion thereof, of the requirements of subsections (A)(1) through (A)(15) of
this section by seeking a zoning exception pursuant to Chapter 18.15 of this title.
Notification of the request shall be made to property owners within one hundred feet of
the subject property. In reviewing the request, the director shall consider the applicant's
physical inability to function within the requirements of subsections (A)(1) through
(A)(15) of this section. Determinations made by the director may be appealed to the
board of administrative review as provided for in Chapter 18.11 (Common Procedures) of
this code.
C. Enforcement. Enforcement of the provisions of this chapter may include the issuance of a
citation and fine, or other legal remedy as provided for in Title 1 of this code. If a
business is operating in violation of this code, it must terminate immediately.
c. The original business license holder moves from the approved location;
2. In the event a home occupation changes, a new business license shall be obtained.
E. Inspections. Applicants for home occupations shall permit a reasonable inspection of the
premises by appropriate city staff to determine compliance with this chapter.
F. Home Occupation Affidavit. Prior to issuance of a business license by the city clerk, the
applicant shall attest that he/she understands the above requirements by signing the home
occupation affidavit available at the development services department.
G. Cottage Food Operation. A cottage food operation, as defined and as limited in Section
113758 of the Health and Safety Code, is an allowable home occupation subject to the
standards set forth in this section.
In the event that a legal nonconforming structure or use is found to constitute a public nuisance
or has been legislatively determined by the City Council to constitute a public nuisance, the
public nuisance may be abated by civil, criminal or administrative action without restriction as to
remedy. appropriate action may be taken by the city in compliance with Title 15 (Abatement) of
the Redding Municipal Code.
18.61.020 - Definitions.
Medical Marijuana Cooperative or Collective. Any not-for-profit site, facility, or location where
ten or more qualified patients and/or persons with identification cards associate, meet or
congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process,
deliver, exchange, or give away marijuana for medicinal purposes pursuant to Health and Safety
Code Section 11362.5 et seq., and the guidelines. A medical marijuana cooperative or collective
must be organized as a collective or cooperative, as those terms are defined by the guidelines, as
amended from time to time. A "medicinal marijuana cooperative or collective" shall not include
the following uses, as long as the location of such uses are otherwise regulated by this code or
applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety
Code, a health-care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety
Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant
Qualified Patient. Shall have the meaning given that term by Health and Safety Code § 11362.7,
as amended from time to time.
Attachment: Public Health Cannabis Letter (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
February 8, 2018
RE: Proposed Health Language for the City of Redding Draft Cannabis Retail Sales Ordinance Version
Dated 2-2-2018
Dear Barry:
This letter is a follow up to a great discussion that Health Officer Andrew Deckert and I had this week with
Mayor Schreder regarding the proposed cannabis retail sales ordinance. Serving as the health department for
the City of Redding, we feel the need to comment on ways to proactively address some of the health issues that
other states have experienced following marijuana legalization.
A huge community and public health concern is that once legalized, we hope cannabis use is not normalized
among our youth. To that end, we have reviewed the draft ordinance dated 2-2-18 and have the following
comments and recommendations.
The ordinance has some strong components including no allowable cannabis events, no micro businesses, an
emphasis on business transparency and detailed guidelines for business operations and financial management.
We like that you are setting a limit on hours of operation in section 6.12.450 as that has been shown to mitigate
community health impacts with alcohol for example, but suggest perhaps 8 or 9 am to 6 or 7 pm instead of 8 am
to 8 pm.
In Section 6.12.390, the ordinance as written allows for ten retailers, equating to 1:9,000 population. We would
suggest that we start with a more limited number of Cannabis Retail licenses, as we assess the impact of this
new ordinance on the community. The included model ordinance recommends 1:15,000 population which
would be six retailers in Redding, perhaps a better place to start. Of note, the state of Washington started with
1:22,000 population.
Alternatively, though, we think the following recommendations would strengthen the ordinance and address
community health issues of concern, including the appeal of cannabis to youth and their early initiation.
First would be to prohibit certain products, attractive packaging and labeling designed to appeal to youth, and
flavored cannabis and edible products, including items like Pot-tarts, candies and cannabis-infused sodas and
Second, advertising, whether it is tobacco, vape or now cannabis, has been found to impact youth’s perception
of these as harmless and commonly used products, which has been shown to lead to youth initiation. For that
reason, we strongly recommend that the City of Redding restrict the advertisement of cannabis or cannabis
products via radio, TV ads, and print media including billboards, bus shelters, and other outdoor signs. Again,
helpful language from the model ordinance has been attached.
Attachment: Public Health Cannabis Letter (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Additionally, we would highly recommend upper potency limits set on products such as no retail sales of
cannabis flowers with a potency in excess of 20% THC content, and no cannabis products at all with THC
content in excess of 50%. We would also suggest the prohibition of the sales of synthetic cannabis products.
This can help address health concerns around addiction and drugged driving.
We encourage prohibition of the sale of cannabis for less than the listed price, also known as discounting. Just
like with alcohol and “happy hours”, multi-package discounting or selling for less than the listed price is
correlated with more heavy and frequent use, impacting addiction rates.
And finally, while the state requires some basic health warnings, we believe the font size of 6 point is too small
to be effective, and suggest 12 point font instead. Additional recommendations around health warnings
targeting pregnant and breastfeeding women, driving high, links to mental health issues, and concerns around
youth usage would be appropriate as packaging and signage messaging for local retailers. Model packaging
language has also been included.
We have also listed some additional definitions to be included in Section 6.12.010 to correspond to the health
recommendations we have made.
We appreciate the opportunity to provide valuable health information and concerns as you draft this city
ordinance. We are partners in improving the health of our community, and we welcome the opportunity to
work with staff to incorporate health language that protects our youth and keeps our roads safe for all residents.
Please let me or Dr. Deckert (225-5595) know how we can be of further support to this effort.
Sincerely,
2|Page
Deering’s California Codes Annotated > BUSINESS & PROFESSIONS CODE > Division 10
Cannabis > Chapter 12 Packaging and Labeling
Attachment: Cal Bus & Prof Code 26120 (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
§ 26120. Labeling, packaging, and unique identifier requirements for
cannabis and cannabis products
(a) Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a
resealable, tamper-evident, child-resistant package and shall include a unique identifier for the purposes of
identifying and tracking cannabis and cannabis products.
(b) Packages and labels shall not be made to be attractive to children.
(c) All cannabis and cannabis product labels and inserts shall include the following information prominently
displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed
by the bureau or the State Department of Public Health:
(1) The following statements, in bold print:
(A) For cannabis: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A
SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND
ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS
OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE
WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS
IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME
CAUTION.
(B) For cannabis products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A
SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND
ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY
PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT.
THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO
HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL.
CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND
OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.
(2) For packages containing only dried flower, the net weight of cannabis in the package.
(3) Identification of the source and date of cultivation, the type of cannabis or cannabis product and the date
of manufacturing and packaging.
(4) The appellation of origin, if any.
(5) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC),
cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid amount in
milligrams per serving, servings per package, and the THC and other cannabinoid amount in
milligrams for the package total.
(6) A warning if nuts or other known allergens are used.
(7) Information associated with the unique identifier issued by the Department of Food and Agriculture.
(8) For a medicinal cannabis product sold at a retailer, the statement “FOR MEDICAL USE ONLY.”
(9) Any other requirement set by the bureau or the State Department of Public Health.
(d) Only generic food names may be used to describe the ingredients in edible cannabis products.
(e) In the event the Attorney General determines that cannabis is no longer a Schedule I controlled substance
under federal law, the label prescribed in subdivision (c) shall no longer require a statement that cannabis
is a Schedule I controlled substance.
History
Attachment: Cal Bus & Prof Code 26120 (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Adopted by voters, Prop. 64 § 6.1, effective November 9, 2016. Amended Stats 2017 ch 27 § 74 (SB 94), effective
June 27, 2017.
Annotations
Notes
Editor's Notes—
Amendments:
Editor's Notes—
For title, findings and declarations, purpose and intent, amendment, construction and interpretation, and
severability, see the 2016 Note following B & P C § 26000.
For legislative findings and declarations, see the 2017 Note following B & P C § 26000.
Historical Derivation:
Former B & P C § 19347, as added Stats 2015 ch 689 § 4, amended Stats 2016 ch 32 § 42.
Amendments:
2017 Amendment:
Substituted “cannabis” for “marijuana” throughout the section; substituted “tamper-evident, child-resistant package
and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products” for
“child resistant package” in (a); deleted former (c)(1) which read: “Manufacture date and source.”; redesignated
former (c)(2)-(c)(6) as (c)(1)-(c)(5); deleted “, and the potency of the marijuana or marijuana product by reference to
the amount of tetrahydrocannabinol and cannabidiol in each serving” at the end of (c)(5); deleted former (c)(7)
which read: “For marijuana products, a list of all ingredients and disclosure of nutritional information in the same
manner as the federal nutritional labeling requirements in Section 101.9 of Title 21 of the Code of Federal
Regulations.”; deleted former (c)(8) which read: “A list of any solvents, nonorganic pesticides, herbicides, and
fertilizers that were used in the cultivation, production, and manufacture of such marijuana or marijuana product.”;
redesignated former (c)(9) and (c)(10) as (c)(6) and (c)(7); added (c)(8); redesignated former (c)(11) as (c)(9); and
in (e), substituted “the Attorney General” for “the bureau” and “Schedule” for “schedule” twice.
Hierarchy Notes:
Attachment: Cal Bus & Prof Code 26120 (6.1--Draft Ordinance to Permit But Regulate Cannabis Activity)
Copyright © 2018 Matthew Bender & Company, Inc.
a member of the LexisNexis Group. All rights reserved.
End of Document
kschreder@cityofredding.org
Recommendation
Approve the appointment of Peggy O’Lea to the Shasta Public Library Citizens Advisory
Committee to serve the remainder of an unexpired term through November 30, 2020.
Alternative Action
The City Council could choose not to approve the appointment of Peggy O’Lea to the Shasta
Public Library Citizens Advisory Committee, or could provide staff with alternative direction.
The position would remain vacant until a qualified candidate is identified.
Background/Analysis
A vacancy exists on the Shasta Public Library Citizens Advisory Committee due to the
resignation of Committee Member Scott Lyon, who served from December 1, 2016, through
February 5, 2018. A Notice declaring the vacancy was posted on February 5, 2018. Ms. O’Lea
has expressed an interested in being appointed, and would be an asset to the Board.
btippin@cityofredding.org
SUBJECT: 9.1(a)--Resolution Declaring Fiscal Emergency And Tax Measure Proposal for
June 5, 2018, Election.
Recommendation
Adopt Resolution by five affirmative votes of the City Council (unanimous) to:
(1) Declare that a fiscal emergency exists in the City of Redding and that a special election is
necessary on June 5, 2018; and
(2) Place a general tax measure on the ballot of the June 5, 2018, election, passable by a simple
majority, to adopt a one-half of one percent sales tax (Transactions and Use Tax), which
would expire 10 years from the operative date of the ordinance unless extended by the voters
of the City of Redding (City) in the manner provided by law; and
(3) Approve the proposed Ordinance and its submission to the voters of the City of Redding at
the June 5, 2018, election as required by Revenue and Taxation Code section 7285.9, and
establish policies and procedures in connection with such an election; and
(4) Appoint no more than two City Council (Council) Members to write the ballot arguments,
either for or against, should the Council wish to do so; and
(5) Request the services of the Registrar of Voters in conducting said election.
Fiscal Impact
Based on prior sales tax revenue and future projections, it is estimated that a one-half of one
percent Transactions and Use Tax would generate approximately $11 million in revenue per
year. The proposed Ordinance includes a 10-year “sunset” provision. The one-half of one
percent Transactions and Use Tax would terminate at the end of the 10-year period, unless
extended by the voters in a future election.
There are costs associated with placing the measure on the ballot that must be paid to the Shasta
County Clerk/Registrar of Voters. Staff estimates that the cost to place this general tax measure
on the June 5, 2018, ballot will be approximately $77,800.
2. Not adopt any Resolution, which leaves Public Safety efforts as status quo.
Background/Analysis
As set forth in the attached draft Ordinance, the proposed tax would authorize the City Council
to levy a one-half of one percent sales tax that would expire 10 years from the operative date of
the ordinance, unless extended by the voters in the manner provided by law.
The City Council must declare an emergency, and approve the proposed Ordinance, in order to
place the tax measure on the June 5, 2018, ballot as a special election. The declaration is
pertinent as the findings lay out in Section 1 of the Resolution.
The attached Ordinance would add Chapter 4.05 to the Redding Municipal Code, entitled
Transactions and Use Tax, and would not be operative unless and until approved by a majority of
the voters. The measure does not require a two-thirds vote of the electorate because the
proposed tax is a “general tax” as opposed to a “special tax.” If passed by the Council and the
electorate, the tax imposed by the proposed Ordinance would take effect three to four months
after adoption.
Advisory Measure:
Because the proposed measure seeks to impose a general tax, the revenue from the proposed
Transactions and Use Tax would be placed in the City’s General Fund and be available for
expenditure for general governmental purposes. Within the past few years, many California
cities have placed general Transactions and Use Tax measures on their ballots. The trend for
local general tax measures is to include an advisory measure with the tax measure, which was
Ballot Language:
It is important that the language placed on the ballot clearly conveys the City’s intentions and is
concise. As presently drafted, the ballot measures will read as follows (the Advisory Ballot
language is optional):
Citizen oversight of expenditures of the tax revenue will be critical. The proposed ordinance
requires that a five member Citizens Committee be appointed by the City Council to review all
revenue and expenditures associated with the tax imposed by this ordinance on an annual basis to
provide transparency. Should the Council choose to include an advisory measure, the Citizens
Committee will determine if the City has complied with the intent of said advisory measure that
accompanied voter approval of the tax. The Citizens Committee will report its findings and
conclusions to the Council and the community annually.
In addition, the proposed ordinance requires that an independent audit be performed on an annual
basis, with results presented to the Council and the community.
Sunset Clause:
Sunset clauses state that a tax measure ends, or sunsets, after a certain period of time. Sunset
clauses can be perceived as beneficial because the tax is temporary, and voters retain control
over said tax. The draft ordinance contains a 10-year sunset period. Therefore, as drafted, the
Budget and Financial Management – “Achieve balanced and stable 10-year Financial
Plans for all funds.”
Public Safety – “Work to improve all aspects of public safety to help people feel secure
and safe where they live, work and play in the City of Redding.”
Communication and Transparency – “Improve the quality of communication with the
public and City employees to enhance knowledge and increase transparency to improve
public trust.”
Attachments
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING AN EMERGENCY; CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD
ON JUNE 5, 2018, FOR THE PURPOSE OF SUBMITTING TO THE
VOTERS A GENERAL TAX MEASURE TO ADOPT A SALES TAX
(TRANSACTIONS AND USE TAX); ESTABLISHING POLICIES AND
PROCEDURES IN THE CONNECTION WITH SUCH AN ELECTION;
AND REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS
IN CONDUCTING SAID ELECTION
WHEREAS, the City Council (“Council”) of the City of Redding (“City”) holds the
authority to levy a Transactions and Use Tax (“Sales Tax”) for general purposes pursuant to
California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of
the electorate pursuant to Article XIIIC, Section 2 of the California Constitution (“Proposition
218”); and
WHEREAS, pursuant to Proposition 218, any general tax measure submitted to the
voters must be consolidated with a regularly scheduled general election for members of the
Council except in cases of emergency, as determined by a unanimous vote of the Council;
WHEREAS, the City’s fiscal crisis herein described is of sufficient gravity and severity
that the Council desires to declare a fiscal emergency pursuant to Article XIIIC, Section 2(b) of
the California Constitution; and
WHEREAS, the Council desires to call and give notice of a special municipal election
(“Municipal Election”) to be held on June 5, 2018, for the purpose of submitting to the voters a
general tax measure to adopt a Sales Tax of one-half of one percent on the sale of all tangible
personal property sold at retail in the City as set forth in the proposed Ordinance attached hereto
as “Exhibit A” and incorporated herein (the “Ordinance”); and
WHEREAS, in order for the Sales Tax to become effective, it must be approved by a
majority vote of the electorate; and
WHEREAS, the Council believes only a locally-approved voter funding source would
guarantee that new revenue stays in the City to help the City provide essential services to its
residents; and
WHEREAS, to minimize the expense of conducting the Municipal Election, the Council
desires to consolidate its election with the June 5, 2018, statewide election.
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
SECTION 1. FINDINGS
(A) The foregoing recitals are true and correct, and this Council so finds and determines.
(B) The Council hereby finds and declares by a unanimous vote that an emergency exists in
the City and that a special Municipal Election on June 5, 2018, is necessary to address this
emergency before the next regularly scheduled general municipal election on November 6, 2018,
for the following reasons:
(2) For Fiscal Years 2017-2018 and 2018-2019, the City has seven
full-time public safety employees who are funded by community contributions
and General Fund reserves. The funding for all seven of these positions will
expire on June 30, 2019.
(6) The City’s expected General Fund shortfall will severely limit the
City’s ability to provide essential City services such as law enforcement and fire
services. Despite the City’s sound management and disciplined control of its
financial health, the City’s ability to sustain a high level of local services has been
seriously eroded, and the City is experiencing an existing and immediate funding
crisis, which is the result of factors largely outside of its control.
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
Curtailing fire department services, including paramedic services, risks increasing
response times in cases of medical emergencies, fires, accidents, or disasters.
(8) Absent a new source of General Fund revenue, the City’s ability to
maintain staff and service levels is uncertain, despite the dramatic decreases in
services and budgetary cuts. A one-half of one percent sales tax (Transactions
and Use Tax) is expected to generate $11.8 million annually in General Fund
revenue.
(9) Unless staff and service levels are maintained and restored, public
facilities and property will not be properly maintained, public safety standards
will degrade, crime and violence will increase, and businesses and families will be
discouraged from moving to or remaining in Redding, and the health, safety, and
welfare of the residents of Redding will be endangered.
(10) The best interests of the residents and businesses of the City are
better served by avoiding further cuts to essential City services.
(11) The City’s fiscal crisis herein described is of sufficient gravity and
severity that the City Council desires to declare a fiscal crisis.
(C) The identified emergency necessitates that the Council submit a general tax measure,
described below, to voters of Redding at the June 5, 2018, special election, even though such
election would not be consolidated with the City’s general election.
(D) Article XIIIC, section 2(b) of the California Constitution permits the City, in an
emergency situation declared by the City Council, to seek voter approval for a general tax at an
election that is not consolidated with the City’s general election.
(E) The Council is authorized by California Elections Code section 9222 to submit to its
voters measures and ordinances.
(F) The Council proposes and desires to submit to the voters of the City at a special
municipal election on June 5, 2018, a general tax measure, as described and set forth in Section 4
below.
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
be used for general municipal purposes and providing essential City services, including but not
limited to augmenting police protection, jail space, mental health services, fire protection, and
related public safety services.
The City Council, pursuant to its right and authority, does call a Special Municipal Election and
orders submitted to the voters at a Special Municipal Election to be held and consolidated with
the Statewide General Election on Tuesday, June 5, 2018, the following questions:
(A) The City Council of the City of Redding hereby requests and consents to the
consolidation of this election with other elections which may be held in whole or in part in the
territory of the City as provided in Elections Code 10400 et seq. The Redding City Clerk shall
file a certified copy of this Resolution with the Shasta County Clerk/Registrar of Voters to
ensure the requisite timeframes for holding the election as required by applicable law.
(B) The City hereby requests the Board of Supervisors of the County of Shasta to consolidate
the Municipal Election with the statewide election being conducted on the same date in the same
territory or any territory which is in part the same, and the City consents to reimburse the
Registrar of Voters for all costs incurred by said services. Pending approval of such request, the
Municipal Election will be consolidated with any election held by the County of Shasta. In any
event, the Municipal Election will be held on June 5, 2018, from the hour of 7:00 a.m. to the
hour of 8:00 p.m., during which period of time the polls will remain continuously open. At 8:00
p.m. the polls will be closed, except as provided in Section 14401 of the Elections Code, and the
officers of the election shall thereupon proceed to canvass the ballots cast thereat.
(C) The election precincts, polling places, and voting booths within said City for said
Municipal Election shall in every case be the same as the election precincts, polling places, and
voting booths established for the statewide election, and the election officers for said Municipal
Election shall be the same as those selected and designated or to be selected and designated for
the statewide election.
(E) All persons qualified to vote at municipal elections in said City shall be qualified to vote.
(F) Said Council shall meet forthwith after the canvass of the returns of said election and shall
state in the minutes of such meeting the results of said election as ascertained by said canvass.
The Ordinance authorizing the general tax to be approved by the voters is set forth in Exhibit A.
The City Council hereby approves the Ordinance, the form thereof, and its submission to the
voters of the City at the June 5, 2018, special election, as required by Revenue and Taxation
Code section 7285.9. If a simple majority of the qualified voters voting on the Ordinance shall
vote in favor thereof, the Ordinance shall be deemed adopted and shall be effective in accordance
with its terms. The Ordinance specifies that the rate of the transactions tax shall be one-half of
one percent (0.50%) of the gross receipts of any retailer from the sale of all tangible personal
property sold at retail in the City. It specifies that the rate of the use tax shall be one-half of one
percent (0.50%) of the sales price of tangible personal property stored, used, or otherwise
consumed in the City. The California Department of Tax and Fee Administration shall collect
the tax from retailers subject to the tax and remit the funds to the City.
The City Clerk of the City of Redding is hereby authorized to sign a Notice of Election and
Measure To Be Voted On in a form substantially similar to that attached hereto as Exhibit B.
The City Clerk is hereby authorized and directed to publish said Notice of Election and Measure
To Be Voted On at least one time not later than a week before the election in a newspaper of
general circulation circulated within the City of Redding, in accordance with the provisions of
Section 12111 of the Elections Code of the State of California.
(A) The City Clerk is hereby authorized and directed to cause to be delivered, no later than
March 9, 2018 (which date is not fewer than 88 days prior to the date set for the statewide
election), one copy of this Resolution to the Registrar of Voters of the County.
(B) The City Council hereby directs the City Clerk to transmit a copy of the measure to the
City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to
exceed 500 words in length, showing the effect of the measure on the existing law and the
operation of the measure, and transmit such impartial analysis to the City Clerk by 12:00 p.m. on
March 14, 2018.
(D) Pursuant to Section 9282 of the Elections Code of the State of California, the City
Council is hereby authorized to prepare a written argument in favor of the proposed measure, not
to exceed 300 words. The argument may be signed by members of the City Council or bona fide
associations or by individual voters who are eligible to vote on the measure. In the event that an
argument is filed against the measure, members of the City Council are also authorized to
prepare a rebuttal argument, which may also be signed by bona fide associations or by individual
voters who are eligible to vote on the measure.
(E) The last day for submission of direct arguments for or against the measures to the City
Clerk shall be by 12:00 p.m. on March 14, 2018.
(F) The last day for submission of rebuttal arguments for or against the measures to the City
Clerk shall be by 12:00 p.m. on March 21, 2018.
This tax is a general tax requiring the approval of a simple majority of the qualified
electors casting votes.
This Resolution shall take effect immediately upon its adoption, and the City Clerk is
directed to send certified copies of this Resolution to the Shasta County Board of Supervisors
and to the County Clerk by no later than March 9, 2018.
Based on all of the information presented at the City Council meeting on March 6, 2018, both
written and oral, including the staff reports, minutes, and other relevant materials, the City
Council finds that under the California Environmental Quality Act (“CEQA”) Guidelines
sections 15060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), the proposed tax
measure does not constitute a project under CEQA and, therefore, review under CEQA is not
required.
_________________________________
Kristen Schreder, Mayor
ATTEST: APPROVE:
______________ _
PAMELA MIZE, City Clerk BARRY E. DEWALT, City Attorney
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
Ordinance
The People and the City Council of the City of Redding, California, do ordain as follows:
Sections:
4.05.010 – Title.
4.05.020 - Operative Date
4.05.030 - Purpose
4.05.040 – Contract With State.
4.05.050 – Transactions Tax Rate.
4.05.060 – Place of Sale
4.05.070 – Use Tax Rate
4.05.080 – Adoption of Provisions of State Law
4.05.090 – Limitations on Adoption of State Law and Collection of Use Taxes.
4.05.100 – Permit Not Required.
4.05.110 – Exemptions and Exclusions.
4.05.120 – Amendments.
4.05.130 – Enjoining Collection Forbidden.
4.05.140 – Severability.
4.05.150 – Effective Date and Submission to Voters.
4.05.160 – Sunset of Tax and Termination.
4.05.170 – Relationship to Existing Tax.
4.05.180 - Fiscal Accountability Protections.
Sections:
4.05.010 TITLE.
This chapter shall be known as the City of Redding Transactions and Use Tax Ordinance. This
ordinance shall be applicable in the incorporated territory of the City.
"Operative Date" means the first day of the first calendar quarter commencing more than 110
days after June 5, 2018.
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
This ordinance is adopted to achieve the following, among other purposes, and directs that the
provisions hereof be interpreted in order to accomplish these purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of
Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and
Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance
which shall be operative if a majority of the electors voting on the measure vote to approve the
imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofar as those
provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of
Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax that can be
administered and collected by the California Department of Tax and Fee Administration in a
manner that adapts itself as fully as practicable to, and requires the least possible deviation from,
the existing statutory and administrative procedures followed by the California Department of
Tax and Fee Administration in administering and collecting the California State Sales and Use
Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of
Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions
and use taxes, and at the same time, minimize the burden of record keeping upon persons subject
to taxation under the provisions of this ordinance.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this
transactions and use tax ordinance; provided that, if the City shall not have contracted with the
California Department of Tax and Fee Administration prior to the operative date, it shall
nevertheless so contract, and, in such a case, the operative date shall be the first day of the first
calendar quarter following the execution of such a contract.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all
retailers in the incorporated territory of the City at the rate of 0.50 percent of the gross receipts of
any retailer from the sale of all tangible personal property sold at retail in said territory on and
after the operative date of this ordinance.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property purchased from any retailer on and after the operative date of this ordinance
for storage, use or other consumption in said territory at the rate of 0.50 percent of the sales price
of the property. The sales price shall include delivery charges when such charges are subject to
state sales or use tax regardless of the place to which delivery is made.
Except as otherwise provided in this ordinance, and except insofar as they are inconsistent with
the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions
of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are
hereby adopted and made a part of this ordinance as though fully set forth herein.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the
name of this City shall be substituted therefor. However, the substitution shall not be made
when:
1. The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Board of Control, California Department of Tax and Fee Administration, State
Treasury, or the Constitution of the State of California;
10
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
a. Provide an exemption from this tax with respect to certain
sales, storage, use or other consumption of tangible personal property which would not otherwise
be exempt from this tax while such sales, storage, use or other consumption remain subject to tax
by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section
6203.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor’s permit shall not be required by this ordinance.
A. There shall be excluded from the measure of the transactions tax and the use tax
the amount of any sales tax or use tax imposed by the State of California or by any city, city and
county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the
gross receipts from:
11
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840)
of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty
of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of
residence; and
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or
lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the contract or lease has the unconditional
right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use
or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a
transactions tax under any state-administered transactions and use tax ordinance.
4. If the possession of, or the exercise of any right or power over, the
tangible personal property arises under a lease which is a continuing purchase of such property
for any period of time for which the lessee is obligated to lease the property for an amount fixed
by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use
12
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
property shall be deemed not to be obligated pursuant to a contract or lease for any period of
time for which any party to the contract or lease has the unconditional right to terminate the
contract or lease upon notice, whether or not such right is exercised.
7. "A retailer engaged in business in the City" shall also include any retailer
of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with
Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section
21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect
use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address
in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer
liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code
with respect to the sale to the person of the property the storage, use or other consumption of
which is subject to the use tax.
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically
become a part of this ordinance, provided however, that no such amendment shall operate so as
to affect the rate of tax imposed by this ordinance.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the
City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the
Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
4.05.140 SEVERABILITY.
13
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
invalid, the remainder of the ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby.
This ordinance relates to the levying and collecting of City transactions and use taxes and shall
take effect immediately. However, no tax imposed by this ordinance shall be effective unless
that tax has been approved by a majority of the voters of the City as required by Section 2(b) of
Article XIIIC of the California Constitution and applicable law.
The Sales Tax imposed by the ordinance shall remain effective until the soonest to occur of the
following: (i) the City Council by a four-fifths vote repeals, or the voters repeal, this ordinance;
(ii) ten (10) years from the date the taxes imposed by this ordinance are first collected.
However, as required by Article XIIIC of the California Constitution, no amendment to this
ordinance may increase the rates of the taxes above what is authorized by this ordinance unless
such amendment is submitted to and approved by the voters.
The tax imposed by this ordinance is separate from, and in addition to, any transactions and use
tax currently imposed by the City. Nothing in this ordinance shall be interpreted to affect the
rate or administration of any tax other than the tax imposed by this ordinance.
2. The Citizens Committee shall consist of five members who will serve
staggered four-year terms. Two of the original five members will initially serve a two-year term.
Such members will be eligible for reappointment to a full four-year term.
3. The Mayor shall solicit names of potential candidates from fellow Council
members; stakeholder organizations such as the Greater Redding Chamber of Commerce, the
Shasta Association of Realtors, the Shasta Builders Exchange, Viva Downtown, and other
community organizations; and from the community at large.
14
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
subject to confirmation by the City Council.
5. Citizens Committee meetings shall comply with the Brown Act and be
open to the public.
6. The Citizens Committee shall review all revenue and all expenditures
associated with the tax imposed by this ordinance on a quarterly basis and report its findings and
conclusions to the Council and the community annually.
C. Transparency. The City shall provide revenue and expenditure detail of the tax imposed
by this ordinance through the City’s transparency portal.
Section 2. The Mayor is hereby authorized to attest to the adoption of this ordinance
by the voters of the City by signing where indicated below.
ATTEST:
___________________________________
Mayor of the City of Redding
15
CITY OF REDDING
NOTICE OF MUNICIPAL ELECTION
AND MEASURE TO BE VOTED ON
NOTICE IS HEREBY GIVEN that a Municipal Election will be held in the City of
Redding on Tuesday, June 5, 2018, at which there will be submitted to the voters the following
measures:
Said Municipal Election has been consolidated with the Statewide General Election to be
held in the City of Redding on June 5, 2018. The election precincts within the City of Redding
for said Municipal Election shall be the regular election precincts established for said Statewide
General Election, and the polling places and officers of election within the City of Redding for
said Municipal Election shall be the same as those selected and designated or to be selected and
designated for said Statewide General Election.
NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to
prepare and print the arguments and sample ballots for the election, the City Clerk has fixed
March 14, 2018, by 12:00 p.m., as the date after which no arguments for or against the City
measures may be submitted to the Clerk for printing and distribution to the voters as provided in
Article 4. Arguments shall be submitted to the City Clerk, accompanied by the printed name(s)
and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the
16
Attachment: Resolution and Ordinance Without Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
officers who is the author of the argument, at the Redding City Hall, 777 Cypress Avenue,
Redding, California. No more than five signatures may appear on the argument.
NOTICE IS FURTHER GIVEN that the City Clerk of the City of Redding has
determined that rebuttal arguments, not to exceed 250 words in length, as submitted by the
authors of the opposing direct arguments, may be filed with the City Clerk by March 21, 2018,
by 12:00 p.m., accompanied by the printed names(s) and signature(s) of the person(s) submitting
it, or if submitted on behalf of an organization, the name of the organization, and the printed
name and signature of at least one of its principal officers. No more than five signatures may
appear on the rebuttal.
The polls will be open on Election Day between the hours of 7:00 a.m. and 8:00 p.m.
Pamela Mize
Clerk of the City of Redding
City Elections Official
Dated: _______________
Publish: GC 36933 publication
17
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING AN EMERGENCY; CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD
ON JUNE 5, 2018, FOR THE PURPOSE OF SUBMITTING TO THE
VOTERS A GENERAL TAX MEASURE AND ADVISORY MEASURE TO
ADOPT A SALES TAX (TRANSACTIONS AND USE TAX);
ESTABLISHING POLICIES AND PROCEDURES IN THE
CONNECTION WITH SUCH AN ELECTION; AND REQUESTING THE
SERVICES OF THE REGISTRAR OF VOTERS IN CONDUCTING SAID
ELECTION
WHEREAS, the City Council (“Council”) of the City of Redding (“City”) holds the
authority to levy a Transactions and Use Tax (“Sales Tax”) for general purposes pursuant to
California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of
the electorate pursuant to Article XIIIC, Section 2 of the California Constitution (“Proposition
218”); and
WHEREAS, pursuant to Proposition 218, any general tax measure submitted to the
voters must be consolidated with a regularly scheduled general election for members of the
Council except in cases of emergency, as determined by a unanimous vote of the Council;
WHEREAS, the City’s fiscal crisis herein described is of sufficient gravity and severity
that the Council desires to declare a fiscal emergency pursuant to Article XIIIC, Section 2(b) of
the California Constitution; and
WHEREAS, the Council desires to call and give notice of a special municipal election
(“Municipal Election”) to be held on June 5, 2018, for the purpose of submitting to the voters a
general tax measure to adopt a Sales Tax of one-half of one percent on the sale of all tangible
personal property sold at retail in the City as set forth in the proposed Ordinance attached hereto
as “Exhibit A” and incorporated herein (the “Ordinance”); and
WHEREAS, pursuant to Elections Code section 9603, the Council has determined to
submit to the voters, concurrent with the proposed Ordinance, an advisory measure concerning
enhancement and maintenance of police and fire protection and related public safety services and
augmented jail space and mental health services that could be funded by the Sales Tax, if
approved; and
WHEREAS, in order for the Sales Tax to become effective, it must be approved by a
majority vote of the electorate; and
WHEREAS, the Council believes only a locally-approved voter funding source would
guarantee that new revenue stays in the City to help the City provide essential services to its
residents; and
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
consolidated with other elections to be held on June 5, 2018, in the same territory (California
Elections Code 10400 et seq.); and
WHEREAS, to minimize the expense of conducting the Municipal Election, the Council
desires to consolidate its election with the June 5, 2018, statewide election.
SECTION 1. FINDINGS
(A) The foregoing recitals are true and correct, and this Council so finds and determines.
(B) The Council hereby finds and declares by a unanimous vote that an emergency exists in
the City and that a special election on June 5, 2018, is necessary to address this emergency
before the next regularly scheduled general municipal election on November 6, 2018, for the
following reasons:
(1) Beginning in Fiscal Year 2015-2016, the City Council made the
decision to fund various public safety positions. As a result, the City had to once
again begin using General Fund reserves. During Fiscal Year 2017-2018, General
Fund expenditures exceeded General Fund revenue by approximately $3,300,000.
(2) For Fiscal Years 2017-2018 and 2018-2019, the City has seven
full-time public safety employees who are funded by community contributions
and General Fund reserves. The funding for all seven of these positions will
expire on June 30, 2019.
(6) The City’s expected General Fund shortfall will severely limit the
City’s ability to provide essential City services such as law enforcement and fire
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
seriously eroded, and the City is experiencing an existing and immediate funding
crisis, which is the result of factors largely outside of its control.
(8) Absent a new source of General Fund revenue, the City’s ability to
maintain staff and service levels is uncertain, despite the dramatic decreases in
services and budgetary cuts. A one-half of one percent sales tax (Transactions
and Use Tax) is expected to generate $11.8 million annually in General Fund
revenue.
(9) Unless staff and service levels are maintained and restored, public
facilities and property will not be properly maintained, public safety standards
will degrade, crime and violence will increase, and businesses and families will be
discouraged from moving to or remaining in Redding, and the health, safety, and
welfare of the residents of Redding will be endangered.
(10) The best interests of the residents and businesses of the City are
better served by avoiding further cuts to essential City services.
(11) The City’s fiscal crisis herein described is of sufficient gravity and
severity that the City Council desires to declare a fiscal crisis.
(C) The identified emergency necessitates that the City Council submit a general tax measure
and accompanying advisory measure, described below, to voters of Redding at the June 5, 2018,
special election, even though such election would not be consolidated with the City’s general
election.
(D) Article XIIIC, section 2(b) of the California Constitution permits the City, in an
emergency situation declared by the City Council, to seek voter approval for a general tax at an
election that is not consolidated with the City’s general election.
(F) The Council proposes and desires to submit to the voters of the City at a special
municipal election on June 5, 2018, a general tax measure and accompanying advisory measure,
as described and set forth in Section 4, below.
(G) The purpose of the general tax measure is to increase the City’s General Fund revenues to
be used for general municipal purposes and providing essential City services, including but not
limited to augmenting police protection, jail space, mental health services, fire protection, and
related public safety services.
The City Council, pursuant to its right and authority, does call a Special Municipal Election and
orders submitted to the voters at a Special Municipal Election to be held and consolidated with
the Statewide General Election on Tuesday, June 5, 2018, the following questions:
(A) The City Council of the City of Redding hereby requests and consents to the
consolidation of this election with other elections which may be held in whole or in part in the
territory of the City as provided in Elections Code 10400 et seq. The Redding City Clerk shall
file a certified copy of this Resolution with the Shasta County Clerk/Registrar of Voters to
ensure the requisite timeframes for holding the election as required by applicable law.
(C) The election precincts, polling places, and voting booths within said City for said
Municipal Election shall in every case be the same as the election precincts, polling places, and
voting booths established for the statewide election, and the election officers for said Municipal
Election shall be the same as those selected and designated or to be selected and designated for
the statewide election.
(D) Said Municipal Election shall be held and conducted, and the voters thereof canvassed,
and the returns thereof made, all in accordance with the general election laws of the State of
California and the ordinances of said City.
(E) All persons qualified to vote at municipal elections in said City shall be qualified to vote.
(F) Said Council shall meet forthwith after the canvass of the returns of said election and shall
state in the minutes of such meeting the results of said election as ascertained by said canvass.
The Ordinance authorizing the general tax to be approved by the voters is set forth in Exhibit A.
The City Council hereby approves the Ordinance, the form thereof, and its submission to the
voters of the City at the June 5, 2018, special election, as required by Revenue and Taxation
Code section 7285.9. If a simple majority of the qualified voters voting on the Ordinance shall
vote in favor thereof, the Ordinance shall be deemed adopted and shall be effective in accordance
with its terms. The Ordinance specifies that the rate of the transactions tax shall be one-half of
one percent (0.50%) of the gross receipts of any retailer from the sale of all tangible personal
property sold at retail in the City. It specifies that the rate of the use tax shall be one-half of one
percent (0.50%) of the sales price of tangible personal property stored, used, or otherwise
consumed in the City. The California Department of Tax and Fee Administration shall collect
the tax from retailers subject to the tax and remit the funds to the City.
The City Clerk of the City of Redding is hereby authorized to sign a Notice of Election and
Measure To Be Voted On in a form substantially similar to that attached hereto as Exhibit B.
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
To Be Voted On at least one time not later than a week before the election in a newspaper of
general circulation circulated within the City of Redding, in accordance with the provisions of
Section 12111 of the Elections Code of the State of California.
(A) The City Clerk is hereby authorized and directed to cause to be delivered, no later than
March 9, 2018 (which date is not fewer than 88 days prior to the date set for the statewide
election), one copy of this Resolution to the Registrar of Voters of the County.
(B) The City Council hereby directs the City Clerk to transmit a copy of the measure to the
City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to
exceed 500 words in length, showing the effect of the measure on the existing law and the
operation of the measure, and transmit such impartial analysis to the City Clerk by 12:00 p.m. on
March 14, 2018.
(C) The Finance Director of the City is hereby authorized and directed to prepare and file
with the City Clerk an impartial analysis of the measure contained in Section 2 hereof covering
its financial impact upon the City government by 12:00 p.m. on March 14, 2018.
(D) Pursuant to Section 9282 of the Elections Code of the State of California, the City
Council is hereby authorized to prepare a written argument in favor of the proposed measure, not
to exceed 300 words. The argument may be signed by members of the City Council or bona fide
associations or by individual voters who are eligible to vote on the measure. In the event that an
argument is filed against the measure, members of the City Council are also authorized to
prepare a rebuttal argument, which may also be signed by bona fide associations or by individual
voters who are eligible to vote on the measure.
(E) The last day for submission of direct arguments for or against the measures to the City
Clerk shall be by 12:00 p.m. on March 14, 2018.
(F) The last day for submission of rebuttal arguments for or against the measures to the City
Clerk shall be by 12:00 p.m. on March 21, 2018.
This tax is a general tax requiring the approval of a simple majority of the qualified
electors casting votes.
This Resolution shall take effect immediately upon its adoption, and the City Clerk is
directed to send certified copies of this Resolution to the Shasta County Board of Supervisors
and to the County Clerk by no later than March 9, 2018.
Based on all of the information presented at the City Council meeting on March 6, 2018, both
written and oral, including the staff reports, minutes, and other relevant materials, the City
Council finds that under the California Environmental Quality Act (“CEQA”) Guidelines
sections 15060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), the proposed tax
measure does not constitute a project under CEQA and, therefore, review under CEQA is not
required.
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted
at a regular meeting of the City Council on the 6th day of March, 2018, by a unanimous vote.
__________________________________
Kristen Schreder, Mayor
ATTEST: APPROVE:
_________________ _
PAMELA MIZE, City Clerk BARRY E. DEWALT, City Attorney
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
Ordinance
The People and the City Council of the City of Redding, California, do ordain as follows:
Sections:
4.05.010 – Title.
4.05.020 - Operative Date
4.05.030 - Purpose
4.05.040 – Contract With State.
4.05.050 – Transactions Tax Rate.
4.05.060 – Place of Sale
4.05.070 – Use Tax Rate
4.05.080 – Adoption of Provisions of State Law
4.05.090 – Limitations on Adoption of State Law and Collection of Use Taxes.
4.05.100 – Permit Not Required.
4.05.110 – Exemptions and Exclusions.
4.05.120 – Amendments.
4.05.130 – Enjoining Collection Forbidden.
4.05.140 – Severability.
4.05.150 – Effective Date and Submission to Voters.
4.05.160 – Sunset of Tax and Termination.
4.05.170 – Relationship to Existing Tax.
4.05.180 - Fiscal Accountability Protections.
Sections:
4.05.010 TITLE.
This chapter shall be known as the City of Redding Transactions and Use Tax Ordinance. This
ordinance shall be applicable in the incorporated territory of the City.
"Operative Date" means the first day of the first calendar quarter commencing more than 110
days after June 5, 2018.
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
This ordinance is adopted to achieve the following, among other purposes, and directs that the
provisions hereof be interpreted in order to accomplish these purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of
Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and
Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance
which shall be operative if a majority of the electors voting on the measure vote to approve the
imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofar as those
provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of
Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax that can be
administered and collected by the California Department of Tax and Fee Administration in a
manner that adapts itself as fully as practicable to, and requires the least possible deviation from,
the existing statutory and administrative procedures followed by the California Department of
Tax and Fee Administration in administering and collecting the California State Sales and Use
Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of
Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions
and use taxes, and at the same time, minimize the burden of record keeping upon persons subject
to taxation under the provisions of this ordinance.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this
transactions and use tax ordinance; provided that, if the City shall not have contracted with the
California Department of Tax and Fee Administration prior to the operative date, it shall
nevertheless so contract, and, in such a case, the operative date shall be the first day of the first
calendar quarter following the execution of such a contract.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all
retailers in the incorporated territory of the City at the rate of 0.50 percent of the gross receipts of
any retailer from the sale of all tangible personal property sold at retail in said territory on and
after the operative date of this ordinance.
For the purposes of this ordinance, all retail sales are consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an
out-of-state destination or to a common carrier for delivery to an out-of-state destination. The
gross receipts from such sales shall include delivery charges, when such charges are subject to
the state sales and use tax, regardless of the place to which delivery is made. In the event a
retailer has no permanent place of business in the State or has more than one place of business,
the place or places at which the retail sales are consummated shall be determined under rules and
regulations to be prescribed and adopted by the California Department of Tax and Fee
Administration.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property purchased from any retailer on and after the operative date of this ordinance
for storage, use or other consumption in said territory at the rate of 0.50 percent of the sales price
of the property. The sales price shall include delivery charges when such charges are subject to
state sales or use tax regardless of the place to which delivery is made.
Except as otherwise provided in this ordinance, and except insofar as they are inconsistent with
the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions
of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are
hereby adopted and made a part of this ordinance as though fully set forth herein.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the
name of this City shall be substituted therefor. However, the substitution shall not be made
when:
1. The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Board of Control, California Department of Tax and Fee Administration, State
Treasury, or the Constitution of the State of California;
10
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
referring to the exterior boundaries of the State of California, where the result of the substitution
would be to:
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section
6203.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor’s permit shall not be required by this ordinance.
A. There shall be excluded from the measure of the transactions tax and the use tax
the amount of any sales tax or use tax imposed by the State of California or by any city, city and
county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the
gross receipts from:
11
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of
the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840)
of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty
of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of
residence; and
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or
lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the contract or lease has the unconditional
right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use
or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a
transactions tax under any state-administered transactions and use tax ordinance.
4. If the possession of, or the exercise of any right or power over, the
tangible personal property arises under a lease which is a continuing purchase of such property
for any period of time for which the lessee is obligated to lease the property for an amount fixed
by a lease prior to the operative date of this ordinance.
12
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
or other consumption, or possession of, or exercise of any right or power over, tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period of
time for which any party to the contract or lease has the unconditional right to terminate the
contract or lease upon notice, whether or not such right is exercised.
7. "A retailer engaged in business in the City" shall also include any retailer
of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with
Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section
21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect
use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address
in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer
liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code
with respect to the sale to the person of the property the storage, use or other consumption of
which is subject to the use tax.
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically
become a part of this ordinance, provided however, that no such amendment shall operate so as
to affect the rate of tax imposed by this ordinance.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the
City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the
Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
4.05.140 SEVERABILITY.
13
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
invalid, the remainder of the ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby.
This ordinance relates to the levying and collecting of City transactions and use taxes and shall
take effect immediately. However, no tax imposed by this ordinance shall be effective unless
that tax has been approved by a majority of the voters of the City as required by Section 2(b) of
Article XIIIC of the California Constitution and applicable law.
The Sales Tax imposed by the ordinance shall remain effective until the soonest to occur of the
following: (i) the City Council by a four-fifths vote repeals, or the voters repeal, this ordinance;
(ii) ten (10) years from the date the taxes imposed by this ordinance are first collected.
However, as required by Article XIIIC of the California Constitution, no amendment to this
ordinance may increase the rates of the taxes above what is authorized by this ordinance unless
such amendment is submitted to and approved by the voters.
The tax imposed by this ordinance is separate from, and in addition to, any transactions and use
tax currently imposed by the City. Nothing in this ordinance shall be interpreted to affect the
rate or administration of any tax other than the tax imposed by this ordinance.
2. The Citizens Committee shall consist of five members who will serve
staggered four-year terms. Two of the original five members will initially serve a two-year term.
Such members will be eligible for reappointment to a full four-year term.
3. The Mayor shall solicit names of potential candidates from fellow Council
members; stakeholder organizations such as the Greater Redding Chamber of Commerce, the
Shasta Association of Realtors, the Shasta Builders Exchange, Viva Downtown, and other
community organizations; and from the community at large.
14
Attachment: Resolution and Ordinance with Advisory Measure (9.1(a)--Declaration of Fiscal Emergency And Tax Measure Proposal)
open to the public.
6. The Citizens Committee shall: (a) review all revenue and all expenditures
associated with the tax imposed by this ordinance on a quarterly basis to determine if the City
has complied with the intent of the advisory measure that accompanied voter approval of the tax
and (b) report its findings and conclusions to the Council and the community annually.
C. Transparency. The City shall provide revenue and expenditure detail of the tax imposed
by this ordinance through the City’s transparency portal.
Section 2. The Mayor is hereby authorized to attest to the adoption of this ordinance
by the voters of the City by signing where indicated below.
ATTEST:
___________________________________
Mayor of the City of Redding
15
CITY OF REDDING
NOTICE OF MUNICIPAL ELECTION
AND MEASURE TO BE VOTED ON
NOTICE IS HEREBY GIVEN that a Municipal Election will be held in the City of
Redding on Tuesday, June 5, 2018, at which there will be submitted to the voters the following
measures:
Said Municipal Election has been consolidated with the Statewide General Election to be
held in the City of Redding on June 5, 2018. The election precincts within the City of Redding
for said Municipal Election shall be the regular election precincts established for said Statewide
General Election, and the polling places and officers of election within the City of Redding for
said Municipal Election shall be the same as those selected and designated or to be selected and
designated for said Statewide General Election.
16
NOTICE IS FURTHER GIVEN that the City Clerk of the City of Redding has
determined that rebuttal arguments, not to exceed 250 words in length, as submitted by the
authors of the opposing direct arguments, may be filed with the City Clerk by March 21, 2018,
by 12:00 p.m., accompanied by the printed names(s) and signature(s) of the person(s) submitting
it, or if submitted on behalf of an organization, the name of the organization, and the printed
name and signature of at least one of its principal officers. No more than five signatures may
appear on the rebuttal.
The polls will be open on Election Day between the hours of 7:00 a.m. and 8:00 p.m.
Pamela Mize
Clerk of the City of Redding
City Elections Official
Dated: _______________
Publish: GC 36933 publication
17
bcrane@cityofredding.org btippin@cityofredding.org
SUBJECT: 9.11(k)-- Oral Update Regarding Emergency Construction Contract Awarded for
Repairs and Replacement of Damaged Filters at the Buckeye Water Treatment Plant
Recommendation
Accept the update regarding award of emergency construction contract for repair and
replacement of damaged filters at the Buckeye Water Treatment Plant, in accordance with Public
Contract Code Section 22050(c)(1), and make a determination by a four-fifths vote that there is a
need to continue the emergency work.
sdemaagd@cityofredding.org btippin@cityofredding.org
Recommendation
Adopt Resolution:
(1) Amending the Memoranda of Understanding (MOUs) between the City of Redding and
the Redding Independent Employees’ Organization (RIEO) - Clerical, Technical and
Professional and Supervisory/Confidential Employees Units;
(2) Extending the MOUs through August 31, 2018;
(3) Adjusting classification titles and eliminating hourly wage steps on the salary schedules;
and
(4) Adding a new classification titled Information Technology Data Base Administrator to
the RIEO – Supervisory/Confidential Employees Unit, effective March 6, 2018.
Fiscal Impact
There is no fiscal impact for extending the current MOUs with RIEO, and adding a new
classification titled Information Technology Database Administrator to the RIEO –
Supervisory/Confidential bargaining unit. The department budgeted for this new position in the
approved two year budget that was approved by the City Council (Council) in June 2017.
Alternative Action
The Council could choose to decline approval of the MOUs and new Information Technology
Database Administrator classification, thereby returning the negotiator to the bargaining table to
continue the bargaining process with RIEO.
The City and RIEO began contract negotiations in July 2016 for successor MOUs. The MOUs
covering the bargaining unit members expired on June 30, 2016. Negotiations have been
ongoing since that time.
During the course of negotiations, budgetary cost pressure concerns relative to employee benefits
for the coming years, primarily the retirement program, emerged. Per the Council’s direction, the
City proposed a short contract extension, through August 31, 2018, to allow an opportunity for
the parties to each identify possible ways to mitigate the anticipated future budgetary challenges.
Both parties committed to begin the negotiation process for successor MOUs no later than April
15, 2018.
Minor non-monetary language clarifications were incorporated into the current MOUs, in
addition to classification title adjustments and the elimination of hourly wage steps on the salary
schedules that were in conflict with California state minimum wage. Staff also proposes a new
classification of Information Technology Database Administrator to address specific needs
identified within the Information Technology Department. The proposed salary range for the
Information Technology Database Administrator classification is $5,162-$7,263 per month, and
the position will not be subject to overtime. All other terms and conditions of the current
contracts remain in full force and effect through August 31, 2018. RIEO members ratified the
contract extension on February 26, 2018.
Complete copies of the MOUs and salary schedules, amended as proposed, are available online.
Attachments
Resolution
MOU RIEO-CTP (available online)
MOU RIEO-SUPV CONF (available online)
Information Technology Database Administrator (available online)
Exhibit C - Lines of Progression (available online)
Exhibit G - Classifications Incl in DMV Pull Notice (available online)
Exhibit D Hazmat Response Program Sup Conf (available online)
Exhibit D-Hazmat Response Program CTP (available online)
RIEO SC Exempt Salary Schedule (available online)
RIEO CTP P-T 457 Salary Schedule (available online)
RIEO CTP Exempt Salary Schedule (available online)
RIEO CTP Non-Exempt Salary Schedule (available online)
WHEREAS, the designated representatives of the City of Redding have conferred with and
entered into Memoranda of Understanding with the designated representatives of RIEO -
Clerical, Technical and Professional (CTP) and Supervisory/Confidential Employees Units, as
required by the provisions of the Meyers-Milias-Brown Act of 1968; and
WHEREAS, a copy of the Memoranda of Understanding is available for review online; and
WHEREAS, the City Council deems it to be in the best interest of the City to adopt such
recommendation.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a
___________________________________
KRISTEN SCHREDER, Mayor
________________________________ ___________________________________
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
MEMORANDUM OF UNDERSTANDING
between
and
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 5th day of
August, 2015, by and between the CITY OF REDDING (a public agency as defined in Section 3501(c)
of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter
referred to as the CITY, and the REDDING INDEPENDENT EMPLOYEES’ ORGANIZATION (a
recognized employee organization as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1
of the Government Code of the State of California), hereinafter referred to as ORGANIZATION;
W I T N E S S E T H that:
WHEREAS, the Parties hereto desire to promote harmony and efficiency to the end that the
City, the Organization and the general public may benefit therefrom, and to establish fair and equitable
wages, hours and working conditions for certain hereinafter designated employees of the City, and to
facilitate the peaceful adjustment of differences that may from time to time arise between them;
ARTICLE 1: PREAMBLE
1.1 This Memorandum of Understanding supersedes and replaces all previous policies,
practices, procedures, resolutions, ordinances and terms and conditions of employment on subjects
which are covered by this Memorandum of Understanding. There shall be no loss of benefits as set
forth in Article 24, and Exhibits “A” and “B” as a result of this Memorandum of Understanding, except
as specifically agreed to herein.
1.2 It is the policy of the City and the Organization not to, and neither party will, interfere with,
intimidate, restrain, coerce or discriminate against any employee as prohibited by State and Federal
law.
1.3 The City is engaged in rendering services to the public and the City and the Organization
recognize their mutual obligation for the continuous rendition and availability of such services.
1.4 City employees shall perform loyal and efficient work and service and shall use their
influence and best efforts to protect the properties of the City and its service to the public and shall
cooperate in promoting and advancing the welfare of the City and in preserving the continuity of its
service to the public at all times.
1.5 The City and the Organization shall cooperate in promoting harmony and efficiency among
City employees.
1.6 The Parties have met and conferred in good faith and have reached agreement on
procedures set forth in this Memorandum of Understanding for resolution of disputes between the
Parties. The Parties agree to follow the procedures as set forth in this Memorandum of Understanding
or the bargaining process required by the Meyers-Milias-Brown Act and the Parties will make every
effort to persuade their members to also use the established procedures.
2.1 The City recognizes the Organization as the “Exclusive Representative” of that Unit of
employees of the City who hold a classification listed on Exhibits “A” and “B” of this Memorandum of
Understanding.
2.1 (a) The Organization does not represent retirees, nor can the Organization bargain for or file
grievances on behalf of retirees. However, the Organization may file a grievance on behalf of a current
employee who becomes a retiree prior to resolution of the grievance.
2.1 (b) The City will make any changes to benefits due to employees who retire from City
service at the same time changes are applied to the bargaining unit recognized pursuant to this article
following appropriate meet and confer procedures.
2.2 The provisions of this Memorandum of Understanding hereinafter set forth shall apply only
to those employees of the City of Redding in this unit, except as otherwise specifically set forth in this
Memorandum of Understanding.
3.1 Notwithstanding anything to the contrary, the Organization recognizes and accepts the right
of City of Redding management to manage the City. This recognition includes acceptance of the fact
that the management rights listed below are not subject to either grievance procedures or the meeting
and conferring in good faith process provided for by the Meyers-Milias-Brown Act, except, however,
grievances may be filed upon interpretations of the provisions of this Memorandum of Understanding
other than those set forth in this section. It is agreed by the Parties to this Memorandum of
Understanding that management rights include, by way of illustration and not by way of limitation, the
following: (a) the full and exclusive control of the management of the City; (b) the supervision of all
operations, methods, processes and means of performing any and all work; (c) the control of the
property and the composition, assignment, direction and determination of the size and the work hours
of its working forces; (d) the right to determine the work to be done by employees; (e) the right to
change or introduce new or improved operations, methods, means or facilities; (f) the right to establish
budget procedures and financial allocations; (g) the right to hire, classify, schedule, promote, demote,
transfer, evaluate, release, lay off and increase hours of employees; (h) the right to suspend, discipline
and discharge employees for just cause; (i) the right to contract out work to be done or services to be
rendered, provided however, that the impact and effect of any such decision may be subject to the meet
and confer process and; (j) the right to maintain an orderly, effective and efficient operation, provided
however, that all of the foregoing shall be subject to the express and explicit terms and provisions of
this Memorandum of Understanding.
4.1 Official representatives of the Organization will be permitted access to City property to
confer with City employees on matters of employer-employee relations, but such representatives shall
not interfere with work in progress without agreement of Management.
4.3 The City and the Organization will not interfere with, intimidate, restrain, coerce or
discriminate against any employee because of the employee’s membership or non-membership in the
Organization or the employee’s activity on behalf of the Organization.
4.5 Joint Organization-Management meetings shall be held twice each year or as often as
agreed upon by the Organization and Management. The purpose of these meetings shall be to promote
harmony and efficiency and to improve communications between employees and all levels of
management. The meeting agenda shall be determined by those in attendance and there shall be no
restrictions on the subject matter, provided the meetings shall not substitute for normal grievance
procedures or for formal negotiations between the Parties. Those in attendance shall consist of the
Organization’s Representative and such other Organization representatives as determined by the
Organization; and the City’s Personnel Director and such other management personnel as determined
by the City. The number of representatives of each party shall be limited to five (5), except by advance
mutual agreement. The meetings shall be summarized in written minutes. Except that the provisions
of this section shall be observed, the meetings shall be self-organizing.
4.6 Whenever any employee is absent from work as a result of a formal request by the
Organization and is engaged in official Organization business, the City shall pay for all regular time
absent and shall be reimbursed therefor by the Organization at the rate of one hundred fifty percent
(150%) of the employee’s regular pay rate.
4.7 The City agrees to provide the Organization, on a semi-annual basis, a listing of all
employees in the unit represented by the Organization. Such listing shall include the name, date of
employment, job classification and status, departmental work location, pay rate, and Organization unit
representation for each employee.
4.8 The City shall provide all new employees with a copy of this Memorandum of
Understanding at the time of employee orientation.
4.9 The Organization shall provide a list of all designated Stewards to the City and will
promptly notify the City of any changes. The City agrees to recognize all Stewards duly appointed by
the Organization.
5.1 The duties performed by employees of the City as part of their employment pertain to and
are essential to the operation of a municipality and the welfare of the public dependent thereon. During
6.1(a) Every employee covered by this Memorandum of Understanding shall: (1) become a
member of the Organization and maintain the employee’s membership in the Organization in good
standing in accordance with its Constitution and Bylaws; or (2) in the alternative, an employee shall
tender, monthly, an agency fee in an amount set annually by the Organization, or (3) qualify as a bona
fide objector pursuant to Labor Code 3502.5 and make the requisite charitable contribution.
6.1(b) Any employee appointed to any classification out of the bargaining unit covered by this
Memorandum of Understanding may withdraw from membership in the Organization and the
employee’s obligation to pay an agency fee shall be suspended for the duration of such period as the
individual is working for City in a job classification not covered by this Memorandum of
Understanding.
6.2 The City shall deduct from their wages the regular membership dues of employees who are
members of the Organization or agency fees of other employees provided for in 6.1(a) not exempted by
the provision of 6.1(b), and who individually and voluntarily authorize such deductions in writing in
accordance with the provisions of Section 1157.3 of the Government Code of the State of California.
In the absence of a voluntary deduction authorization, the City will deduct the agency fee from the
members pay.
6.3 Deductions shall be made from the first payroll period of each month and a check for the
total deductions shall be submitted to the Treasurer of the Organization within five (5) working days of
the date the dues or agency fees are withheld from the employee’s check or by Electronic Fund
Transfer to a bank designated by the Organization. The City will notify the Organization each month at
the time of the dues or agency fees transmittal to the Organization of any changes since the previous
dues or agency fees transmittal and the reasons therefore.
6.4 The dues deduction authorization form shall be approved by both the City and the
Organization.
6.5 The City shall provide all new employees with the Organization membership application
forms, payroll deduction authorization forms, and a copy of this Memorandum of Understanding before
the end of the first pay period. Such materials will be furnished to the City by the Organization.
6.6 Indemnity and Refund - The Organization shall file with the City an Indemnity Statement
wherein the Organization shall indemnify, defend and hold the City harmless against any claim made
7.1(a) Any grievance which may arise between the Organization or any of its members and the
City, with respect to the interpretation or application of any of the terms of this Memorandum of
Understanding and with respect to such matters as the alleged discriminatory or arbitrary discharge,
demotion or discipline of an individual employee, shall be determined by the provisions of this article,
except that such matters as are included in the definition of impasse as set forth in Resolution Number
2012-091 are not a grievance. Every employee designated by the City to hear the grievance of a
subordinate shall have the authority to settle that grievance.
7.1(b) Discipline involving more than a reprimand (i.e., discharge, demotion or suspension): 1)
Disciplinary grievances must be filed within ten (10) calendar days of receiving a final Notice of
Discipline; 2) Disciplinary grievances shall commence at step 1 of this procedure, at the Department
Director level, and may continue to step 5. Probationary employees as defined in Section 10.7 shall not
be entitled to invoke Article 7, Grievance Procedure, with regard to matters of discharge, or demotion.
This shall not, however, prevent a probationary employee from exercising any other rights under this
Memorandum of Understanding.
7.2 Step One: The initial step in the adjustment of a grievance shall be a discussion between
the employee or the employee’s representative and/or Steward, and the immediate Supervisor. If the
grievance is not resolved, the employee or the employee’s representative and/or Steward shall present
the grievance in writing to the Division Head or Department Director as applicable, who will answer,
in writing, within ten (10) calendar days. This step requires a presentation to every level of
management below the City Manager. This step shall be started within thirty (30) calendar days of the
date of the action complained of or the date the grievant became aware of the incident which is the
basis for the grievance. This step may be taken during the working hours of the employee.
7.3 Step Two: If a grievance is not resolved in the initial step, the second step shall be the
presentation of the grievance, in writing, (and may be supplemented by an oral presentation) by the
employee or the employee’s representative and/or Steward to the Personnel Director who shall answer,
in writing, within ten (10) calendar days. This step shall be taken within ten (10) calendar days of the
date of the Department Director’s answer in step one.
7.4 Step Three: If a grievance is not resolved in the second step, the third step shall be the
presentation of the grievance, in writing, (and may be supplemented by an oral presentation) by the
employee or the employee’s representative and/or Steward to the City Manager or a designee from the
City Manager’s Office, who shall answer, in writing, within ten (10) calendar days. The written
presentation shall be a clear, concise statement of the grievance, the circumstances involved, the
pertinent dates, the decision rendered at the previous step, the section/article of this Memorandum of
Understanding alleged to be violated, and the specific remedy sought. The third step shall be taken
within ten (10) calendar days of the date of the answer in step two.
7.6(a) Step Five: If a grievance is not resolved in the fourth step, the fifth step shall be referral,
in writing, by either the City or the Organization to arbitration. The fifth step shall be taken within
twenty (20) calendar days of the date of the answer in step four.
7.6(c) The arbitrator shall hold such hearings and shall consider such evidence as to the
arbitrator appears necessary and proper. The decision of the arbitrator shall be final and binding on the
City and the Organization and the aggrieved employee, if any, provided that such decision does not in
any way add to, disregard or modify any of the provisions of this Memorandum of Understanding.
7.7 Failure by the employee or the Organization to meet any of the aforementioned time limits
as set forth in Sections 7.1(b), 7.2, 7.3, 7.4, 7.5 or 7.6(a) will result in forfeiture, except however, that
the aforementioned time limits may be extended by mutual written agreement. If the City fails to
answer a grievance on a timely basis, the grievance may be advanced to the next level. Grievances
settled by forfeiture shall not bind either party to an interpretation of this Memorandum of
Understanding, nor shall such settlements be cited by either party as evidence in the settlement of
subsequent grievances.
7.8 Notwithstanding the aforementioned procedure, any individual employee shall have the
right to present grievances to the City and to have such grievances adjusted without the intervention of
the Organization, provided that the adjustment shall not be inconsistent with this Memorandum of
Understanding and further provided that the Organization shall be given an opportunity to be present at
such adjustment.
7.9 The City and the Organization agree to use the appropriate Grievance Form as provided by
the Organization to more timely and efficiently move grievances through the process.
8.1 The City desires to maintain a safe place of employment for City employees and to that end
City management shall make all reasonable provisions necessary for the safety of employees in the
performance of their work.
8.2 Regular employee safety meetings will be held for the purpose of reviewing accidents and
preventing their recurrence, eliminating hazardous conditions and familiarizing employees with safe
work procedures and applicable State Safety Orders and for training in first aid.
8.3 Whenever a hazardous condition presents a clear danger to the health or safety of
employees, a safety meeting of the Representatives of the Parties can be called by either party and shall
be scheduled by mutual agreement.
9.1 Supplemental Benefits for Industrial Injury: Whenever any Regular employee who is a
member of the California Public Employees’ Retirement System is disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes
within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code,
the employee shall become entitled, regardless of the employee’s period of service with the City to
compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of
temporary disability payments, if any, which would be payable under the State Labor Code, for the
period of such disability but not exceeding six (6) months, or until such earlier date as the employee is
retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental
benefits at the rate of eighty-five percent (85%) of regular salary, any Regular or Regular Job-Share
employee who is still unable to return to work and is still receiving temporary disability indemnity
payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of
the employee’s regular salary for the period of such disability but not exceeding six (6) months or until
such earlier date as the employee is retired on permanent disability pension through the California
Public Employees’ Retirement System. In consideration of this benefit, the Regular or Regular Job-
Share employee shall pay over to the City any temporary or permanent disability compensation
received, whether from Workers’ Compensation, employee group insurance benefits or unemployment
compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining
any such benefits to which the employee may be entitled but has not yet received arising out of such
disability, but such payment from the employee to the City from such sources shall not exceed in
amount the supplemental benefits paid to the employee by the City in accordance with the provisions
of this section. The Parties recognize abuse of the workers’ compensation program is against the
interests of the City and employees alike, and, therefore, will cooperate as appropriate to prevent abuse.
9.2 An employee who is absent by reason of industrial disability may be returned to work by
the City and given temporary light duties within the employee’s ability to perform, with the consent of
the employee’s physician. The duration of any such period of temporary work shall be determined by
the City. Such employee shall be compensated at the then current rate of pay of the employee’s regular
classification while engaged in such temporary duties. The City may require an employee being
considered for return to work after an absence caused by disability or illness to submit to a medical
9.3 If a third party is found to be responsible for the employee’s industrial injury and the
employee recovers a judgment in damages from said third party, then all supplemental benefits
received as provided for in Section 9.1 not already repaid from the other sources mentioned in Section
9.1 shall be repaid to the City by the employee.
9.4 Vacation and sick leave shall be accrued without regard to the established limits while a
Regular or Regular Job-Share employee is absent from work as a result of a job related disability and
receiving the supplemental benefits to Workers’ Compensation temporary disability compensation as
set forth in 9.1. All Regular employees who are not in a City paid status and on leave receiving
Workers’ Compensation temporary disability benefits shall receive group health and welfare insurance
coverage during the period in which they are receiving temporary disability compensation for up to a
maximum of a cumulative total of five (5) three (3) years, which includes the period in which the
employee is receiving supplemental disability benefits as set forth in 9.1, provided the employee pays
his or her share of the monthly group health and welfare insurance coverage program premium, if any.
Holidays which occur during the period for which an employee is receiving temporary disability
compensation shall not be recognized by such employee for compensation purposes.
10.2 A Regular employee (status code 3) is defined as an employee hired for a full-time
position that has been regularly established as an authorized position and is of indeterminate duration.
A Regular employee shall receive not less than the minimum rate for the job and shall be eligible for
sick leave pay, vacation pay, holiday pay, retirement plan participation, health and welfare insurance
coverage and items of a similar nature as the employee becomes eligible.
10.3 A Part-Time employee (status codes 8a and 8b) is defined as an employee hired to work
less than a Regular full-time employee. A Part-Time employee may work part-time, intermittently, or
on an irregular schedule. A status code 8a employee works for a period not to exceed one thousand
(1,000) hours per fiscal year. A status code 8b employee works for a period not to exceed one
thousand five hundred and sixty (1560) hours per fiscal year and is eligible to participate in the
CalPERS retirement plan. A Part-Time employee shall receive not less than the minimum rate for the
job, nine and one half (9 1/2) fixed holidays (January 1st; the third Monday in January; the third
Monday in February; the last Monday in May; July 4th; the first Monday in September; Thanksgiving;
Friday after Thanksgiving; the last half of the normal work shift before Christmas; and December 25th),
and shall be eligible for sick leave pay per California State Law. However, a Part-Time employee shall
not be eligible for supplemental benefits for industrial injury, funeral leave pay, or items of a similar
nature but shall not be eligible for sick leave pay or items of a similar nature, nor shall the employee be
eligible for insurance coverage. A Part-Time employee will be allowed to make-up absences due to
10.4 A Temporary employee (status codes 7 and 9) is defined as an employee hired for
occasional or seasonal work for a period not to exceed one thousand (1,000) hours in a fiscal year. A
status code 7 employee works full time for a period not to exceed six (6) months or one thousand
(1,000) hours per fiscal year whichever comes first. A Status code 9 employee works on-call, seasonal,
intermittent or on an irregular schedule for a period not to exceed one thousand (1,000) hours per fiscal
year. A Temporary employee shall receive not less than the minimum rate for the job and will be
eligible for the PARS-457 Plan and sick leave pay per California state law, but shall not be eligible for
sick leave pay, holiday pay, vacation pay, health and welfare insurance coverage, or items of a similar
nature, nor shall an employee accrue seniority or promotion and transfer rights. A temporary employee
may be terminated from employment or demoted without recourse at any time. After the completion of
24-months of continuous City service, the employee will be entitled to vacation pay on the same basis
as Regular employees. If a Temporary employee is reclassified to Part-Time or Regular status, the
employee shall not be credited with service in determining eligibility for such benefits as may accrue to
the employee in the employee’s new status.
10.6 A Part-Time Regular employee (status code 6) is defined as an employee who has one
(1) year, or more, service with the City in full-time employment as a Regular employee, and who is
subsequently recategorized, without a break in service, to work less than fifteen hundred sixty (1,560)
hours but more than one thousand (1,000) hours. A Part-Time Regular employee shall receive not less
than the minimum rate for the job, and shall be eligible for sick leave pay, vacation pay, holiday pay
(accrued at .052 of an hour for each hour worked or on paid leave), retirement plan participation (as
outlined in Article 24), insurance coverage (pursuant to group insurance contract provisions), and
seniority accrual, but shall not be given preferential consideration for promotion or transfer nor shall
the employee be eligible for supplemental benefits for industrial injury, funeral leave pay, or items of a
similar nature. A Part-Time Regular employee will be allowed to make-up absences due to jury duty
service under the same conditions as outlined in the City’s Policy on Close Down of City Operations
Due to Emergency Conditions; no Overtime Pay may be incurred as a result of this provision. If a Part-
10.7 Regular employees shall serve a probationary period of one (1) year upon initial
appointment to Regular status. Such probationary period is considered to be a continuation of the
selection process and employees may be terminated from employment or demoted without recourse,
pursuant to Section 7.1(b). An employee’s probationary period shall be extended by the duration of
any unpaid absence of ten (10) or more consecutive workdays. Probationary employees shall be
provided a written performance evaluation after six (6) months of service and as often as necessary as
determined by the employee’s Supervisor. A probationary employee shall not be terminated after
completing six (6) months of the probationary period if the performance evaluation has not been
presented to the employee. The probationary period may also be extended by the City for up to six (6)
months in circumstances where further evaluation of the employee is necessary. The probationary
period will start over for any employee who transfers to another position during the probationary
period. Part-Time employees shall also serve a probationary period of one (1) year as outlined above
upon initial appointment to Part-Time status. Employees serving their initial probationary period shall
not be eligible for leave of absence, supplemental benefits for industrial injury, nor be given
preferential consideration for promotion or transfer. Temporary employees shall not serve a
probationary period, as the appointment is temporary by definition and can be terminated at any time.
10.8 Water Plant Operator in Training (OIT) employees will serve no less than a one (1) year
probationary period. The Treatment Grade III certification must be obtained within two (2) years and
six (6) months from the date of appointment. The Water Plant OIT will promote to Water Plant
Operator once valid Water Plant Operator Grade TIII and DII certifications have been obtained and the
initial minimum one (1) year probationary period has been met.
Wastewater Plant Operator in Training (OIT) employees will serve no less than a one year probationary
period. Grade I must be obtained within one (1) year and six (6) months; Grade II within two (2) years
and six (6) months; and Grade III within four (4) years from the date of appointment. The Wastewater
Plant OIT will promote to Wastewater Plant Operator once a valid Wastewater Plant Operator Grade
III certificate is obtained, and the initial minimum one (1) year probationary period has been met.
10.9 A Part-Time or Temporary employee budgeted for 1,000 hours in the fiscal year will be
limited by the City to 990 hours pursuant to City policy to avoid situations in which such employee
may inadvertently exceed 1,000 hours in the fiscal year. The 990-hour limit may only be exceeded by
specific approval of the City Manager or designee following a written request from the department.
11.1 Employees holding a classification listed on Exhibits “A” or “B” shall be paid the rate
established for their classification. Upon initial appointment to a classification, an employee shall
normally be paid the lowest rate for that classification. An employee may, however, be paid a wage
rate above the lowest rate if circumstances justify it. Step increases require Department Director and
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11.2 Compensation shall be paid at bi-weekly intervals on Thursdays at the end of the
employee’s work period after 12:00 noon for a pay period ending no earlier than the preceding
Saturday. If a pay day falls on a holiday, payment shall be made on the preceding workday. Effective
May 6, 2008, all new employees must make arrangements to have their pay deposited to a bank
account via electronic transfer.
11.4 Employees shall receive shift differential pay for each hour worked during the shift, in
addition to the employee=s regular compensation, when assigned to work as follows:
Except for those employees whose shift ends on or before 6:00 p.m., employees shall receive
shift differential pay of three and one-half percent (3½%) of the employee’s regular pay rate for each
hour worked between the hours of 4:00 p.m. and 12:00 midnight, in addition to the employee’s regular
compensation when assigned to work a regularly scheduled shift which includes work hours between
4:00 p.m. and 12:00 midnight. Except for employees whose shift starts at 6:00 a.m. or later, for time
worked between 12:00 midnight and 8:00 a.m. shift differential pay shall be increased to five percent
(5%).
11.5 Attached hereto and made a part hereof are Exhibits AA-1@ titled “Non-Exempt
Employees Schedule of Classifications and Wage Rates” and AB-1@ titled “Exempt Employee
Schedule of Classifications and Salary Ranges.”
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Temporary Reclassification Changing the classification of an employee due to Compensated at the higher
temporary change in the nature of the work which is classification rate of pay with a
anticipated to last more than one (1) pay period, but minimum of five percent (5%)
less than one (1) year. Requires Personnel Action more than the current rate of pay.
Form (PAF).
Whenever a Wastewater Plant Operator is assigned to work alone at the Wastewater Treatment
Plant from 5:30 p.m. on Friday until 7:00 a.m. on Monday, the employee shall have their compensation
rate increased by five percent (5%) to reflect a temporary upgrade to Senior Plant Operator during that
time period, regardless of the amount of hours worked.
11.7 Whenever a Police Records Technician is assigned to conduct, monitor and prepare
written documentation of the daily training and progress of a probationary Police Records Technician,
the employee shall receive five percent (5%) over base pay for the actual time spent performing this
specific function.
11.8 Whenever a Water Operator or Senior Water Operator or Wastewater Operator or Senior
Wastewater Operator is assigned to conduct, monitor and prepare written documentation of the daily
training progress of an Operator in Training employee(s), the employee shall receive five percent (5%)
over base pay for the actual time spent performing this specific function.
11.9 The City Manager may, based upon outstanding job performance, grant an employee a
one time salary increase up to ten percent (10%) above the top of the salary range for a period not to
exceed one (1) year. This one time increase is not cumulative and the employee would revert to the
employee’s regular salary rate at the end of the one (1) year period.
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11.11 Attached hereto and made a part hereof is Exhibit “D”, titled “City of Redding Hazmat
Response Program-Clerical, Technical and Professional”, Exhibit “E”, titled “Standby Duty-Certified
Water Treatment Personnel”, Exhibit “F”, titled “Standby Duty-Certified Wastewater Treatment Plant
Operator Personnel”; and Exhibit “G”, titled “RIEO Classifications in DMV Pull Notice Program”.
12.1 All Regular employees will receive full time employment for each workweek employed,
provided they report for duty and are capable of performing their work. This is not to be interpreted
that the City does not retain the right to lay off or release employees on account of lack of work or
other valid reason.
12.2 Each employee shall report for work at the employee’s regularly established
headquarters and shall return thereto at the conclusion of the day’s work and the time spent in traveling
between such headquarters and the job site shall be considered as time worked.
12.3 A workweek is defined to consist of seven (7) consecutive calendar days, Sunday
through Saturday, and a basic workweek is normally defined to consist of five (5) consecutive
workdays of eight (8) hours each. The basic workweek may begin on any day of the week or at any
hour of the day during the workweek. The City may modify employee work schedules from time to
time as needed. Except in the event of an emergency, the City will give employees as much notice as
possible of any permanent schedule change, but in any event not less than five (5) workdays, unless
there is mutual agreement. The basic workweek indicated above may be modified by mutual
agreement of the City and the affected employee(s) in those situations where such a modification
serves the interests of both the City and its employees.
12.4 Except for Part-Time and Temporary employees and those employees holding a
classification listed on Exhibit “B”, overtime is defined as (a) time worked in excess of forty (40) hours
in a workweek, (b) time worked in excess of eight (8), nine (9), or ten (10) hours as applicable on a
scheduled workday, (c) time worked on a non-workday, (d) time worked outside of regular hours on a
workday, and (e) time worked on a holiday. For Part-Time employees, overtime is defined as time
worked over forty (40) hours in a workweek except time worked on a holiday which the employee is
entitled to have off with pay and shall be paid at the overtime rate of pay. For Temporary employees,
overtime is defined as time worked over forty (40) hours in a workweek. Overtime shall be computed
to the nearest one-quarter (¼) hour. In such cases where the basic workweek has been modified by
mutual agreement pursuant to 12.3, these overtime requirements may be waived pursuant to applicable
law.
12.5 Provided the working of overtime has prior approval by an immediate supervisor or
other City management staff, overtime compensation shall be paid at a rate equivalent to one and one-
half (1½) times the regular rate of pay or, at the employee’s option, the employee may elect to receive
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12.6 Employees who are entitled to overtime compensation and who are required to report
for work on their non-workdays or on holidays they are entitled to have off, or outside of their regular
hours on workdays, shall be paid overtime compensation for the actual time worked, but in no event for
less than two (2) hours compensation each time an employee is required to report back to work, except
however, that employees shall not be paid more than time and one-half the regular rate of pay for any
given time period. If an employee reports back to work for such overtime work outside of the
employee’s regular hours on a workday continues to work into the employee’s regular hours, the
employee shall be paid overtime compensation only for the actual overtime worked. If an employee
performs overtime work immediately following the end of the employee’s regular shift, the employee
shall be paid overtime compensation only for the actual overtime worked.
12.7 For those employees who are entitled to overtime compensation, overtime shall be
distributed as equally as is practicable among those employees who are qualified and available and who
volunteer for overtime work and the City shall not require employees who have worked overtime to
take equivalent time off during a workday without pay.
12.8 All employees holding a classification listed on Exhibit “B” “Exempt Employee
Schedule of Classifications and Salary Ranges” are exempt from the Fair Labor Standards Act and the
provisions of this Article.
13.1 Seniority is defined as total length of continuous service with the City. In determining
an employee’s seniority, the continuity of the employee’s service will be deemed to be broken by
termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff, (4) failure
to return immediately on the expiration of a leave of absence or acceptance of other full time
employment while on leave, and (5) unexcused absence without pay, without a leave of absence, in
excess of three (3) workdays. Continuity of service will not be broken and seniority will accrue when
an employee is (a) inducted, enlists or is called to active duty in the Armed Forces of the United States
or service in the Merchant Marine or under any Act of Congress which provides that the employee is
entitled to re-employment rights, (b) on duty with the National Guard, (c) absent due to industrial
injury, (d) on leave of absence or (e) on excused absence.
13.2 Water treatment employees with greater seniority, as defined in Article 13, will be given
preference over those with less seniority in the selection of a vacation period, holiday off and shift
schedules.
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14.1 All promotions and transfers shall be in accordance with standards and procedures as
outlined in the City’s Competitive Recruitment/Reclassification Policy.
14.2 Whenever any City Council authorized position vacancy occurs, which the City intends
to fill, the City will post the position vacancy in a consistent, distinctive manner with pertinent
information concerning the duties, qualifications and filing period, for not less than five (5) working
days on all work site bulletin boards. The City may opt to move an employee who has been filling a
half-time position to three-quarter time, or an employee who has been filling a three-quarter time
position to full-time without posting the position. The City recognizes the advantage of filling
vacancies from within and will endeavor to do so when it is in the City’s interest; therefore, when
filling vacancies, the City will consider the candidates’ quality and length of service in making the
selection decision.
14.4 All promotions and transfers of City employees shall be on a probationary basis for six
(6) months. At any time during the probationary period the City may terminate the appointment. If the
appointment is terminated, the employee shall be returned to either the employee’s previous
classification and pay rate, or some other classification that is mutually acceptable to the employee and
the City. Any unpaid absences during a probationary period shall cause the probationary period to be
extended by the length of the absence. Employees on a promotional/transfer probation period shall be
provided a written performance evaluation after three (3) months of service and as often as necessary as
determined by the employee’s Supervisor. A probationary employee shall not be terminated after
completing three (3) months of the probationary period if the performance evaluation has not been
presented to the employee. The probation period may also be extended by the City for up to six (6)
months in circumstances where further evaluation of the employee is necessary.
14.5 An employee requesting lateral transfer from one position to another position in the
same classification, or requesting voluntary demotion to a position in a lower paid classification, for
which the employee is qualified, shall be added to the current eligibility list for that classification.
15.1 Whenever it becomes necessary for the City to lay off employees for any reason, the
City will notify the Organization and give employees involved as much notice as possible; but in no
event will such employees receive less than two (2) weeks notice of layoff. Notice to the Organization
will include an offer to meet and discuss the impact of the layoff to include a review of the agreed upon
“Lines of Progression” chart as referenced in Sections 15.3 and 15.4 below.
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15.3 An employee whose job is being eliminated, may elect to displace the least senior
employee in any equally or lower paid classification in the Supervisory/Confidential or the Clerical,
Technical and Professional Unit, if qualified to perform the duties of the classification and if the
employee=s seniority is greater than that of the employee in the classification being displaced. The City
will utilize the “Lines of Progression” chart, attached hereto as Exhibit “C”, to identify equal or lower
paid classifications within related classification series. “Qualified” for the purpose of this Article will
mean those classifications identified in the “Lines of Progression” chart as a lateral or lower
classification, or a classification the employee previously held within the Supervisory/Confidential or
the Clerical, Technical and Professional Unit. The employee will not serve a probationary period.
15.4 A Part-Time employee whose job is being eliminated, with the exception of a
Temporary employee, may elect to displace the Part-Time employee with the latest employment date, if
qualified to perform the duties of the classification, and if the classification is in the
Supervisory/Confidential or Clerical, Technical, and Professional Units. “Qualified” for the purpose of
this Article will mean those classifications identified in the “Lines of Progression” chart as a lateral or
lower classification, or a classification the employee previously held within the
Supervisory/Confidential or the Clerical, Technical and Professional Unit.
15.5 Regular employees, who are laid off will be given preferential re-hire rights, in the
reverse order of layoff, in filling future vacancies, for which they are qualified, for a period of up to
two (2) years from the date of layoff, providing they keep the City advised of their current address.
Employees who accept a less than full-time position or lower paid position will be given preferential
re-hire rights, in the reverse order of layoff, in filling future vacancies, for which they are qualified, for
a period of up to one (1) year. If a current or laid off employee does not accept reinstatement, the
employee’s name shall be removed from the reinstatement list and the employee shall no longer have
reinstatement rights. Employees who are reinstated from the reinstatement list, will be credited with all
previously accrued and unused employee benefits and seniority as of the date of layoff.
15.6 Employees on a reinstatement list will be notified of all position vacancies within the
City.
15.7 An employee reinstated to their original position, who completed probation or who
accepts a lateral or lower classification as a result of layoff, will not serve a probationary period. An
employee who did not complete probation in their original classification and who returns to that
classification will be required to complete the initial twelve (12) month probationary period.
15.8 Notwithstanding the provisions of this Article, the City and the Organization may agree
to other procedures, including furloughs, during the term of this Memorandum of Understanding.
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16.2 A leave of absence will commence on and include the first workday on which the
employee is absent and terminates with and includes the workday preceding the day the employee
returns to work.
16.3 All applications for leave of absence shall be made in writing except when the employee
is unable to do so. The conditions under which an employee will be restored to employment on the
termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a
leave of absence. Upon an employee’s return to work after a leave of absence, the employee will be
reinstated to the employee’s former position and working conditions, providing that the employee is
capable of performing the duties of the former position. However, if there has been a reduction of
forces or the employee’s position has been eliminated during said leave, the employee will be placed in
the position the employee would be in had the employee not been on a leave of absence.
16.4 An employee’s status as a Regular employee will not be impaired by such leave of
absence and the employee’s seniority will accrue.
16.5 If an employee fails to return immediately on the expiration of the employee’s leave of
absence or if the employee accepts other full time employment while on leave, the employee will
thereby forfeit the leave of absence and terminate the employee’s employment with the City.
16.6 An employee on a leave of absence as provided herein shall not accrue vacation or sick
leave benefits nor maintain group health and welfare insurance coverage. An employee may, however,
at their option and expense, maintain the employee’s group health and welfare insurance coverage
providing the full monthly premium is received by the City Treasurer on or before the first day of the
month for which the premium is intended. Notwithstanding the above, however, if the leave of
absence is as a result of exhaustion of sick leave benefits an employee’s group health and welfare
insurance may be maintained for up to three (3) calendar months utilizing the normal premium-sharing
formula, providing the employee pays their share of the premium on a timely basis.
16.7 The Parties acknowledge the provisions of State and Federal law governing family
leaves. The Family and Medical Leave Act (FMLA), which is subject to legislative change, currently
entitles those employees who have worked twelve hundred fifty (1,250) or more hours during the
preceding twelve (12) month period to take up to twelve (12) weeks of unpaid, job protected, leave
during any twelve (12) month period for serious health condition of employee or immediate family
member or for child birth or adoption. An employee is required, to give thirty (30) days advance notice
when leave is foreseeable, provide periodic medical certifications as to the conditions necessitating the
leave and report at the request of the City during the leave regarding the employee’s status and
intention to return to work. Health insurance benefits will be continued on the same basis as prior to
the FMLA leave. Annually the City will post the applicable State and Federal laws pertaining to family
leave including maternity/paternity leave.
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17.1 To allow for a fair and equitable means of reimbursing expenses incurred while
conducting City business, i.e., traveling to authorized meetings, seminars, training sessions, luncheons
and other events approved by the Department Director, reimbursements will be at the rate established
within the Employment and Benefit Policies for Unrepresented Employees.
17.1 Whenever an employee is authorized and uses the employee’s personal automobile for
City business as a direct result of employment or representation of the City, the employee will be
reimbursed therefor at the same rate per mile as established for unrepresented City employees. The
City will not, however, be responsible for any loss, damage, repairs or maintenance of personal
vehicles used on City business.
17.2 Employees shall follow City Resolutions and policies on restricting employee use of
City vehicles for personal purposes.
17.3 Whenever an employee is required to travel out of the City, the City will determine the
appropriate means of travel and the travel time allowance, if any.
17.4 Whenever an employee travels on official City business, the employee shall receive
actual lodging expenses, provided they are approved in advance by the City.
17.5 Meal allowances, including tax and tip, at the following rates may be allowed while an
employee is on official City business:
Dinner $17.50
Lunch 9.50
Breakfast 7.00
With advance City approval optional meals or programs included as a part of the conference or
meeting program shall be paid at the stated program rate. Employees will make every effort to stay
within the above limits, however, with Finance Director approval, when circumstances justify it,
reimbursement of actual meal expenses will be made.
17.6 With City approval and proper documentation of the expense, employees may be
reimbursed for incidental expenses while on official City business for items such as:
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18.1 Sick leave with pay shall be accumulated for each Regular and Job-Share employee at
the rate of forty-six thousandths (.046) of an hour for each regular hour worked or on paid leave.
(Accrual rate approximately one (1) day per month, or 3.68 hours per pay period.)
Part-time and Temporary employees will accrue paid sick leave at a rate of one hour for every
30 hours worked which is equivalent to a rate of .033 per hour worked. Part-time and Temporary
employees shall eligible to use the sick leave accrual on the 90th day of employment, and will be
limited to 24 hours or three days of paid sick leave in each year of employment.
18.2 Sick leave shall be allowed for a non-work related absence due to: (a) the inability of an
employee to be present or perform the employee’s duties because of personal physical or mental
illness, off duty injury or confinement for medical treatment; (b) personal medical or dental
appointments which are impractical to schedule outside of regular working hours; (c) the need to be
present during childbirth, surgery, critical illness or injury involving members of the immediate family
as defined in Section 19.1, for up to forty (40) hours per incident and (d) the need to attend sick or
injured immediate family members as defined in Section 19.1 for up to forty (48) hours per calendar
year.
18.4 If a holiday which an employee is entitled to have off with pay occurs on a workday
during the time an employee is absent on sick leave, the employee shall receive pay for the holiday as
such and it shall not be counted as a day of sick leave.
18.5 Whenever any employee exhausts all categories of paid time off as a result of illness or
injury, with approval of the employee’s Department Director, the Personnel Director and the City
Manager, an employee may receive up to eighty (80) hours advanced sick leave with pay. If the
employee returns to duty, such advanced sick leave shall be returned to the City from subsequent sick
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18.6 Any employee who after ten (10) years of continuous service to the City terminates
employment shall be paid at the employee’s regular pay rate for thirty-three and one-third percent
(33a%) of the employee’s accumulated sick leave hours. For employees with fifteen (15) years or
more but less than twenty (20) years of continuous service, the percentage set forth above shall be
increased to forty-five percent (45%). For employees with twenty (20) years or more of continuous
service, the percentage set forth above shall be increased to sixty percent (60%). Pursuant to the
contract between the City of Redding and the California Public Employees’ Retirement System
(CalPERS), when an employee makes an election to accept payment at the rates specified above, all
remaining unused sick leave will be used for service credit with CalPERS. Employees have the option
to take less sick leave pay-out and report more hours to CalPERS. If no such election is made, all sick
leave will be used for service credit with CalPERS.
18.7 Upon an affirmative vote of the membership during the term of this agreement, the City
and the Organization agree to implement a VantageCare (or similar program) at the employee’s
expense. Details of the program will be subject to the mutual agreement of the Parties.
19.1 Regular and Job-Share employees who are absent from work due to the death of a
member of the employee’s “immediate family” shall receive compensation at the regular rate of pay for
the time necessary to be absent from work, but not to exceed forty (40) working hours. “Immediate
family” as used herein includes only employee’s spouse, children, grandchildren, brothers, sisters,
parents, or grandparents of either spouse or other persons who are living in the employee’s immediate
household.
19.2 Regular and Job-Share employees who are absent from work to attend the funeral of a
person other than an immediate family member shall give as much advance notice as possible and shall
receive compensation at the regular rate of pay for the time necessary to be absent from work, but not
to exceed one (1) regularly scheduled work day per funeral. A maximum of twenty four (24) hours
may be utilized in a calendar year.
19.3 An employee must be in a paid status on both scheduled workdays immediately adjacent
to funeral leave in order to receive pay for such leave.
20.1 Regular, Job-Share, and Part-Time (not Temporary) employees, except as otherwise
provided herein, shall be entitled to have the following holidays off with pay, except that Part-Time
employees shall not be entitled to have Lincoln Day, employee’s birthday, Columbus Day or Veterans
Day off with pay:
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If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as
the holiday, except by those employees who are regularly scheduled to work on Sunday other than on
an overtime basis. Employees who are regularly scheduled to work on Sundays shall observe such
holidays on Sunday. If any of the foregoing holidays fall on a Saturday, the preceding Friday shall be
observed as the holiday, except by those employees who are regularly scheduled to work on Saturday
other than on an overtime basis. Employees who are regularly scheduled to work on Saturdays shall
observe such holidays on Saturday. If any of the foregoing holidays fall on any day from Monday
through Friday, inclusive, and that day is a regularly scheduled non-workday for an employee, such
employee shall be entitled to receive another workday off with pay to be scheduled in the same manner
as vacation days are normally scheduled. Notwithstanding the foregoing, an employee may observe the
employee’s birthday holiday on the employee’s birthday or anytime during the pay period in which the
birthday occurs, or the holiday may be deferred and scheduled as vacations are normally scheduled.
The holidays known as Lincoln Day, Columbus Day, and Veterans Day shall be scheduled by
employees and their supervisors in the same manner as vacations are normally scheduled. Employees
who work alternative work schedules commonly known as four-tens (4/10's or 9/80's and/or 4/5/9's)
will be entitled to holiday pay for eight (8), nine (9), or ten (10) hours as applicable.
20.2 Exempt employees scheduled to work on a holiday will observe that holiday at
another time to be scheduled by the employee and the employee=s supervisor in the same manner as
vacations are normally scheduled.
21.1(a) Regular and Job-Share employees, and Part-Time employees with twenty-four (24)
months of continuous service shall accrue vacations with pay up to a maximum of four hundred (400)
hours as follows:
APPROXIMATE
ACCRUAL THROUGH APPROXIMATE YEARS
ACCRUAL RATE
RATE PER PAY ACCRUAL OF
FROM PER FULL PAY
HOUR PERIOD RATE SERVICE
PERIOD
Date of
A .039 Employment 104th 2 weeks 3.12 hours 1-4
B .058 105th 234th 3 weeks 4.64 hours After 4
C .068 235th 364th 3 ½ weeks 5.44 hours After 9
D .077 365th 494th 4 weeks 6.16 hours After 14
E .087 495th 624th 4 ½ weeks 6.96 hours After 19
F .096 625th -- 5 weeks 7.68 hours After 24
21.1(b) A full pay period as used in this Article is defined as one in which the employee works
or is paid for time off for at least half of the regularly scheduled work hours.
21.3 Vacations will be scheduled throughout the calendar year. Employees with greater
seniority, as defined in Article 13, will be given preference over those with less seniority in the
selection of a vacation period, provided, however, that if the senior employee splits the employee’s
vacation by requesting less than a full year’s allowance to be scheduled on consecutive workdays, the
employee’s preferential rights shall apply on only one period in that calendar year prior to all other
employees being given consideration in the selection of their first choice vacation period. Departments
that have employees select vacations a year in advance, the first round will be done by seniority using
the same criteria listed above. With Department Director approval, employees may elect a second or
third round of vacation picks in the same manner used in the first round. Should a senior employee
forego selecting a vacation at any round, they forego their right to seniority.
21.4 The City shall not require an employee to take the employee’s vacation in lieu of sick
leave or leave of absence on account of illness.
21.5 If a holiday which an employee is entitled to have off with pay occurs on a workday
during the employee’s vacation period, such employee will be entitled to an additional day of vacation
and will be compensated for same.
21.6 Employees whose employment with the City is terminated for any reason shall, at the
time of termination, receive pay for any unused vacation previously earned.
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21.8 Whenever any employee has exhausted all paid time off benefits as a result of a non-
work related injury or disability, and is not eligible for long-term disability insurance benefits, other
employees may contribute their vacation credits to the disabled employee with vacation credits being
donated and granted on the basis of the dollar value of the vacation credits.
21.9 An employee who has submitted a vacation request in writing more than two (2) weeks
prior to the beginning of the requested vacation shall receive approval or denial of the request in
writing within five (5) working days of the request. Failure of the supervisor to provide such decision
within five (5) working days will be treated as though the vacation request was approved. If an
employee’s supervisor is not available to make such a decision, the employee’s division manager or
department director will do so.
22.1 With City Manager approval, Department Directors may grant exempt employees up to
forty (40) hours paid administrative leave per calendar year, provided the employee commits to work a
minimum of forty (40) hours per year beyond regular work hours.
22.2 The City Manager may grant up to an additional forty (40) hours paid administrative
leave per calendar year to certain designated exempt employees who commit a significant number of
work hours above regular work hours to a specific project or projects, or to recognize outstanding
contributions to the City.
22.3 Administrative leave, if any, will be granted effective on the first day of the pay period
closest to January 1 each year and must be used before the end of the calendar year. No administrative
leave shall be carried over to the next calendar year, nor shall unused administrative leave be converted
to compensation.
22.4 In the event an employee does not agree with the administrative leave amount granted,
the employee may appeal to his/her department head. If not satisfied with the department head’s
decision on appeal, the matter may be appealed to the Personnel Director, who will have the authority,
with City Manager concurrence, to adjust the allotment.
22.5 Administrative leave may not be taken for the purpose of outside employment or for self
employment.
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23.1 With the exception of newly hired employees, an annual uniform allowance for certain
classifications of employees as listed below shall be paid in equally divided installments on a bi-weekly
basis with the City’s regular payroll processing. New employees and existing employees transferring
into the applicable position, will be given the opportunity to receive the full amount indicated below,
spend the full allowance with a City vendor, or spend a partial amount with a vendor and receive the
remaining amount with payroll. All of the above transactions must be completed prior to the end of the
current fiscal year. In July following the employee’s hire date, regardless of time with the City, the
employee will begin receiving bi-weekly installments with the regular payroll. Annual uniform
allowances are as follows:
23.2 The City shall pay the reasonable cost of repair or replacement of uniforms, glasses,
watches, or other personal property up to two hundred dollars ($200) per incident damaged in the
course of employment. This provision does not apply to items lost or damaged as a result of
negligence of the employee.
24.1 Retirement Plan: All Regular, Part-Time Regular, and Job-Share employees are
covered by the California Public Employees= Retirement System (CalPERS) program pursuant to an
existing contract with the California Public Employees= Retirement System.
(a) Tier 1: Regular employees hired prior to January 1, 2013, and those considered to be
“Classic CalPERS Members” and will be covered under the 2.0% at age 55 retirement benefit formula
with the 12 highest paid consecutive month’s final compensation provision. Employees will be
covered by the Indexed Level of 1959 Survivors’ Benefit Program, Survivor Continuance allowance;
credit for unused sick leave; and military service credit buy back option. Effective June 5, 2016 the Formatted: Font: 12 pt
employee contribution of seven percent (7%) of pensionable earnings will be paid by the employee
through a bi-weekly payroll deduction on a pre-tax basis.
Following City Council approval of this MOU, the employee contribution will be paid by employees
through a bi-weekly payroll deduction on a pre-tax basis outlined as follows:
City Payment of
Effective Date Employee Contribution Employee Contribution
Current 7% 0%
April 10, 2016 6.0% 1.0%
June 5, 2016 * 0% 7%
Regular employees vested in Tier 1 who leave City employment and subsequently are rehired
will be re-employed with Tier 1 status for CalPERS benefits. The City will also provide employees
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The City and Organization agree to reopen negotiations on the PARS plan during the term of
this agreement.
(b) Tier 2: Pursuant to the California Public Employees’ Pension Reform Act of 2013
(PEPRA), employees hired on or after January 1, 2013, will be covered by the 2.0% at age 62
retirement formula with the 36 highest consecutive months final compensation provision as a “New
CalPERS Member” if the employee 1) has not been a member of a California Public Retirement
System, or 2) had prior CalPERS/reciprocity service with a break in service of six months or longer.
Employees will be covered by the Indexed level of 1959 Survivors’ Benefit Program, Survivor
Continuance allowance; credit for unused sick leave; and military service credit buy back option. Also
pursuant to PEPRA, New CalPERS Members will be responsible for paying one-half of the total
normal cost rate for the retirement benefit on a bi-weekly pre-tax basis.
Employees hired on or after January 1, 2013, will not be eligible for the Public Agency
Retirement System (PARS) 0.7% at age 55 supplemental retirement benefit formula.
(c) Part-Time employees not included within Sections 24.1(a) or 24.1(b) above, and Temporary
employees, shall be covered by the PARS-457 Plan. Effective April 10, 2016 participating employees
will pay 3.75 percent (3.75%) for the benefit through a bi-weekly payroll deduction on a pre-tax basis.
(d) Deferred Compensation Program: Regular employees are eligible to participate in the
City’s Deferred Compensation Plan through voluntary payroll deductions from the employee’s pay.
Changes which affect, or have the potential to affect, the Organization members will be made only after
reasonable notification has been made and the meet and confer process, if any, has been concluded.
24.2 Group Health and Welfare Insurance Coverage: All Regular, and Job-Share employees
are eligible to participate in a group health and welfare insurance benefit program which includes the
medical, prescription, dental, vision, life and long term disability plans, effective the first day of
employment. The City shall pay the cost of the program for both employee and dependents as
indicated below. If a Part-Time Regular employee is eligible for and elects insurance coverage, the
premiums shall be shared by the City and the employee on a prorated basis at the same ratio to full-
time employee benefits as the employee’s work hours bear to full-time employees’ work hours.
(a) Life Insurance: Twice annual salary for employee, $3,000 for employee’s dependents. The
City will pay the full cost of the premiums. More specific benefit information is provided in the
carrier’s booklet.
(b) Health Benefits: City’s contribution toward the monthly group health and welfare insurance
composite premium rate shall be ninety percent (90%) and the employee will begin paying ten percent
(10%) of the rate through a bi-weekly payroll deduction. The ten percent (10%) co-share of premium
will be recalculated every January 1st to coincide with the renewal of the City’s Group Health Insurance
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Beginning Calendar Year 2017, tThe City will offer two health plans, a “Base Plan” and an
optional “Buy Up Plan”. All eligible employees will be enrolled in the “Base Plan” and will have the
option on a voluntary basis to enroll in the “Buy Up Plan” initially, and during the open enrollment period
for each subsequent calendar year. Changes will be effective at the beginning of the following calendar
year. The City’s contribution toward the monthly group health and welfare insurance composite
premium rate for the “Base Plan” shall be ninety percent (90%) and the employee will pay ten percent
(10%) of the premium rate through a bi-weekly payroll deduction. Employees electing to enroll in the
“Buy Up Plan” will be responsible for premiums beyond the City’s contribution of 90% of the “Base
Plan” composite rate.
Employees with spousal coverage will be allowed to “opt out” of the City’s group health and
welfare insurance coverage (cease paying their share of the premium) beginning January 1, 2016 2017.
Employees “opting out” of the City’s group health benefits must provide proof of alternative health care
coverage on an annual basis during the open enrollment period.
The City and the Organization recognize that it is the on-going plan of the City that all
bargaining units will have the same group insurance benefits.
The City reserves the right to modify the group insurance composite rate structure to
establish classes of coverage and rates in an effort to create a rate structure more compatible to
employee claims experience. The City and the Organization agree to meet and confer prior to any
changes being made to the group insurance composite rate structure.
For specifics regarding the City’s Group Health and Welfare Benefit Plan, refer to the Benefit
Summary Plan Document.
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(c) Dental Benefits: The premium cost of the Dental benefit program is outlined under
“Health Benefits” above. For specifics regarding the City’s Dental Plan, refer to the Benefit Summary
Plan Document.
(d) Long Term Disability: For specifics regarding the City’s Long Term Disability
Plan, refer to the Benefit Summary Plan Document.
(e) Vision Benefits: The premium cost of the Vision benefit program is outlined under
“Health Benefits” above. For specifics regarding the City’s Vision Plan, refer to the Benefit Summary
Plan Document.
(f) Short-Term Disability: The City will administer employee-paid State Disability
Insurance for all employees, including Part-Time and Temporary employees.
(g) Effective January 1, 2107, prescription co-pay and alternative therapy (massage)
reimbursement benefits will no longer be offered.
All active employees hired prior to May 6, 2008, who retire from the City and are eligible for
CalPERS benefits upon separation of service shall be eligible for the City to pay a 50% proportionate
share of costs of the insurance premium should the active employee transitioning to retirement elect to
participate in the group health, dental and vision plan also made available to active employees. To
initially qualify for the benefit, the employee must go directly from active status to retiree status with
CalPERS. To maintain a qualified status, and to continue to receive the benefit, the retired employee
must continue the group medical insurance during retirement without a break in coverage. Payments
by the City will be discontinued upon termination of group medical insurance coverage by the City
retiree or loss of qualified status by the retiree. Following the death a retiree, the surviving spouse, if
any, may continue the insurance and the City will continue the benefit on the same terms and
conditions for the life of the surviving spouse. The City will not contribute payments on behalf of any
retiree hired prior to May 6, 2008, except as set forth above. (Employees who retired prior to May 1,
2001, are eligible for health coverage only.)
All active employees hired on or after May 6, 2008, who retire from the City and have five (5)
or more years of City service (and are eligible for CalPERS benefits upon separation of service) shall
be eligible for the City to pay a proportionate share of the cost of the insurance premiums in accordance
with the following formula: two percent (2%) for every year of active service with the City of Redding
up to a maximum of fifty percent (50%) should the employee transitioning to retirement elect to
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(c) Retiring employees who were hired or who worked under a different Memorandum of
Understanding (MOU) or City Resolution (a different bargaining group) shall receive the greatest
retiree premium co-share formula in effect and for which that employee qualified for during his or her
term of employment.
(d) Beginning Calendar Year 2017, the City will offer two health plans, a “Base Plan” and an
optional “Buy Up Plan”. All retired employees participating in the group health plan will be enrolled in
the “Base Plan” and will have the option on a voluntary basis to enroll in the “Buy Up Plan” initially, and
during the open enrollment period for each subsequent calendar year. Changes will be effective at the
beginning of the following calendar year. The City shall pay a proportionate share of the cost of the
“Base Plan” insurance premiums as outlined above in Sections 24.3(a) and 24.3(b). Participating
retired employees electing to enroll in the “Buy Up Plan” will be responsible for premiums beyond the
City’s contribution of the “Base Plan” composite rate. The City’s proportionate share for payments
referenced above in 24.3(a) and 24.3(b) shall apply only to the premium for the “Base Plan.”
24.4 The parties agree that the foregoing benefits will remain in full force and effect during
the term of this agreement unless modified by mutual agreement.
24.5 The City and the Organization agree to meet and discuss during the term of this
agreement the recommendations of the Health Insurance Task Force.
24.6 The City and the Organization agree to reopen negotiations if any changes to the
Affordable Care Act affect matters within the scope of representation.
25.1 A Regular or Job-Share employee who is summoned for jury duty and is thus unable to
perform the employee’s regular duties will be paid for the time lost at the employee’s regular rate of
pay. Part-time employees will be allowed to make-up absences due to jury duty service as outlined in
Sections 10.3 and 10.6.
25.2 The employee must be in a paid status on both scheduled workdays immediately adjacent
to jury duty in order to receive pay for jury duty.
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26.1 Any employee, at the employee’s request, shall be permitted to review the employee’s
own personnel file. The file may not, however, be removed from the Personnel Department. With the
exception of examination materials, an employee may have copies of documents contained in the
employee’s personnel file.
26.2 An employee may authorize a representative to review the employee’s personnel file.
26.3 An employee who disagrees with their evaluator’s statements or conclusions with
respect to their employee evaluation report shall have the right to review such evaluation report with
the City’s Personnel Director and, upon request, shall have the right to have an Organization
representative present. The employee may also attach a written rebuttal to the employee evaluation,
providing it is done within thirty (30) days of the employee’s receipt of the evaluation.
26.4 The City will provide an employee with a copy of any negative or derogatory document
prior to it being placed in the employee=s personnel file. The employee may attach a written rebuttal
to the negative or derogatory document.
26.5 Upon an employee’s request, with Department Director approval, the City Manager may
seal and or remove any disciplinary element of an employee’s personnel file.
27.1 Eligible City of Redding employees who complete authorized courses taken for credit
with a passing grade may, upon application, be reimbursed for the tuition and cost of required
textbooks and required materials, including but not limited to computer software, calculators, videos,
but not to include incidentals such as paper, pens and pencils.
27.2 Employees must obtain prior approval from their Department Director and the
Personnel Director. Reimbursement shall be limited to two hundred dollars ($200) per course
(semester/quarter).
28.1 Whenever any employee is subpoenaed to testify in court as a result of the employee’s
employment and is therefore unable to perform the employee’s regular duties, the employee shall be
paid for all regular time lost.
28.2 The City and the Organization recognize the need for, and efficacy of, the City’s
Volunteer Program. The scope and intent of the Volunteer Program is described in Council Policy 209.
The City and the Organization agree that volunteers will not be used to displace current employees,
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28.3 The City will pay the cost of fees to maintain professional licenses required by the City
to meet the minimum qualifications for the position.
28.4 Classification specifications delineate the major job duties assigned to each classification.
The classification specification is not meant to be an all-encompassing list of the duties employees may
be assigned to perform. The wording, “other duties as assigned” is amended to read: “Other duties as
assigned within the scope of the job classification.”
Formatted: Indent: First line: 0"
28.5 The City and Organization agree to meet and discuss the possibility of the classification Formatted: Font: 12 pt
series Customer Service Representative, and other classification changes proposed by the City during Formatted: Font: 12 pt
the term of the MOU. Formatted: Font: 12 pt
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ARTICLE 29: SAVINGS PROVISION
29.1 If any provisions of this Memorandum of Understanding are held to be contrary to law
by a court of competent jurisdiction, or held to be outside the scope of negotiations, such provisions
will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions
will continue in full force and effect. Whenever any provision of this Memorandum of Understanding
is affected as set forth above, either Party may, by giving written notice to the other within thirty (30)
days of the court’s action, open negotiations on the subject of the affected provisions.
30.1 It is understood and agreed that the specific provisions contained in this Memorandum
of Understanding shall prevail over City practices and procedures to the extent of a conflict, and that in
the absence of specific provisions in this Memorandum of Understanding, such practices and
procedures are discretionary.
31.1 The City retains the right to amend, modify or rescind policies, regulations, and
practices referred to in this Memorandum of Understanding in cases of emergency. For the purpose of
this Article, an “emergency” is defined as an act of God, war, natural or manmade disaster, which
interferes with the normal operations of the City.
32.1 Except as specifically provided in Article 33, Term, during the term of this
Memorandum of Understanding, the Organization expressly waives and relinquishes the right to meet
and confer on wages, hours of employment, and terms and conditions of employment, and agrees that
the City shall not be obligated to meet and confer with respect to any subject or matter whether referred
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33.1 This Memorandum of Understanding shall remain in full force and effect until the
thirtieth day of June, 2016, thirty first day of August, 2018and thereafter from year to year unless
written notice of change. Parties agree to begin bargaining for a successor MOU no later than April 15,
2018. Specific meeting dates and times will be set to sufficiently complete the bargaining process by
August 31, 2018or termination shall be given by either party ninety (90) days prior to the expiration
date above or the expiration date of any year thereafter, except, however, that it. A successor MOU
shall only become effective with approval of the City Council of the City.
33.2 Whenever notice is given for changes, the general nature of the changes desired must be
specified in the notice, and until a satisfactory conclusion is reached in the matter of such changes, the
original provision shall remain in full force and effect.
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between
and
SUPERVISORY/CONFIDENTIAL UNIT
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 5th day of August,
2015, by and between the CITY OF REDDING (a public agency as defined in Section 3501(c) of Chapter
10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as
the CITY, and the REDDING INDEPENDENT EMPLOYEES’ ORGANIZATION (a recognized
employee organization as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the
Government Code of the State of California), hereinafter referred to as ORGANIZATION;
W I T N E S S E T H that:
WHEREAS, the Parties hereto desire to promote harmony and efficiency to the end that the City,
the Organization and the general public may benefit therefrom, and to establish fair and equitable wages,
hours and working conditions for certain hereinafter designated employees of the City, and to facilitate the
peaceful adjustment of differences that may from time to time arise between them;
ARTICLE 1: PREAMBLE
1.1 This Memorandum of Understanding supersedes and replaces all previous policies, practices,
procedures, resolutions, ordinances and terms and conditions of employment on subjects which are
covered by this Memorandum of Understanding. There shall be no loss of benefits as set forth in Article
24, and Exhibits “A” and “B” as a result of this Memorandum of Understanding, except as specifically
agreed to herein.
1.2 It is the policy of the City and the Organization not to, and neither party will, interfere with,
intimidate, restrain, coerce or discriminate against any employee as prohibited by State and Federal law.
1.3 The City is engaged in rendering services to the public and the City and the Organization
recognize their mutual obligation for the continuous rendition and availability of such services.
1.4 City employees shall perform loyal and efficient work and service and shall use their
influence and best efforts to protect the properties of the City and its service to the public and shall
cooperate in promoting and advancing the welfare of the City and in preserving the continuity of its service
to the public at all times.
1.5 The City and the Organization shall cooperate in promoting harmony and efficiency among
City employees.
1.6 The Parties have met and conferred in good faith and have reached agreement on procedures
set forth in this Memorandum of Understanding for resolution of disputes between the Parties. The Parties
agree to follow the procedures as set forth in this Memorandum of Understanding or the bargaining
process required by the Meyers-Milias-Brown Act and the Parties will make every effort to persuade their
members to also use the established procedures.
ARTICLE 2: RECOGNITION
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2.1 (a) The Organization does not represent retirees, nor can the Organization bargain for or file
grievances on behalf of retirees. However, the Organization may file a grievance on behalf of a current
employee who becomes a retiree prior to resolution of the grievance.
2.1 (b) The City will make any changes to benefits due to employees who retire from City service
at the same time changes are applied to the bargaining unit recognized pursuant to this article following
appropriate meet and confer procedures.
2.2 The provisions of this Memorandum of Understanding hereinafter set forth shall apply only to
those employees of the City of Redding in this unit, except as otherwise specifically set forth in this
Memorandum of Understanding.
3.1 Notwithstanding anything to the contrary, the Organization recognizes and accepts the right of
City of Redding management to manage the City. This recognition includes acceptance of the fact that the
management rights listed below are not subject to either grievance procedures or the meeting and
conferring in good faith process provided for by the Meyers-Milias-Brown Act, except, however,
grievances may be filed upon interpretations of the provisions of this Memorandum of Understanding
other than those set forth in this section. It is agreed by the Parties to this Memorandum of Understanding
that management rights include, by way of illustration and not by way of limitation, the following: (a) the
full and exclusive control of the management of the City; (b) the supervision of all operations, methods,
processes and means of performing any and all work; (c) the control of the property and the composition,
assignment, direction and determination of the size and the work hours of its working forces; (d) the right
to determine the work to be done by employees; (e) the right to change or introduce new or improved
operations, methods, means or facilities; (f) the right to establish budget procedures and financial
allocations; (g) the right to hire, classify, schedule, promote, demote, transfer, evaluate, release, lay off and
increase work hours of employees; (h) the right to suspend, discipline and discharge employees for just
cause; (i) the right to contract out work to be done or services to be rendered, provided however, that the
impact and effect of any such decision may be subject to the meet and confer process and; (j) the right to
maintain an orderly, effective and efficient operation, provided however, that all of the foregoing shall be
subject to the express and explicit terms and provisions of this Memorandum of Understanding.
4.1 Official representatives of the Organization will be permitted access to City property to confer
with City employees on matters of employer-employee relations, but such representatives shall not
interfere with work in progress without agreement of Management.
4.2 The City will provide the Organization adequate bulletin board space on existing bulletin
boards for the purpose of posting thereon matters relating to official Organization business.
4.5 Joint Organization-Management meetings shall be held twice each year or as often as agreed
upon by the Organization and Management. The purpose of these meetings shall be to promote harmony
and efficiency and to improve communications between employees and all levels of management. The
meeting agenda shall be determined by those in attendance and there shall be no restrictions on the subject
matter, provided the meetings shall not substitute for normal grievance procedures or for formal
negotiations between the Parties. Those in attendance shall consist of the Organization=s Representative
and such other Organization representatives as determined by the Organization; and the City=s Personnel
Director and such other management personnel as determined by the City. The number of representatives
of each party shall be limited to five (5), except by advance mutual agreement. The meetings shall be
summarized in written minutes. Except that the provisions of this section shall be observed, the meetings
shall be self-organizing.
4.6 Whenever any employee is absent from work as a result of a formal request by the
Organization and is engaged in official Organization business, the City shall pay for all regular time absent
and shall be reimbursed therefor by the Organization at the rate of one hundred fifty percent (150%) of the
employee=s regular pay rate.
4.7 The City agrees to provide the Organization, on a semi-annual basis, a listing of all employees
in the unit represented by the Organization. Such listing shall include the name, date of employment, job
classification and status, departmental work location, pay rate, and Organization unit representation for
each employee.
4.8 The City shall provide all new employees with a copy of this Memorandum of Understanding
at the time of employee orientation.
4.9 The Organization shall provide a list of all designated Stewards to the City and will promptly
notify the City of any changes. The City agrees to recognize all Stewards duly appointed by the
Organization.
5.1 The duties performed by employees of the City as part of their employment pertain to and are
essential to the operation of a municipality and the welfare of the public dependent thereon. During the
term of this Memorandum of Understanding, employees shall not partially or totally abstain from the
performance of their duties for the City during regular work hours or on an overtime basis. The
Organization shall not call upon or authorize employees individually or collectively to engage in such
6.1(a) Every employee covered by this Memorandum of Understanding shall: (1) become a
member of the Organization and maintain the employee’s membership in the Organization in good
standing in accordance with its Constitution and Bylaws; or (2) in the alternative, an employee shall
tender, monthly, an agency fee in an amount set annually by the Organization, or (3) qualify as a bona fide
objector pursuant to Labor Code 3502.5 and make the requisite charitable contribution.
6.1(b) Any employee appointed to any classification out of the bargaining unit covered by this
Memorandum of Understanding may withdraw from membership in the Organization and the employee’s
obligation to pay an agency fee shall be suspended for the duration of such period as the individual is
working for City in a job classification not covered by this Memorandum of Understanding.
6.2 The City shall deduct from their wages the regular membership dues of employees who are
members of the Organization or agency fees of other employees provided for in 6.1(a) not exempted by the
provision of 6.1(b), and who individually and voluntarily authorize such deductions in writing in
accordance with the provisions of Section 1157.3 of the Government Code of the State of California. In
the absence of a voluntary deduction authorization, the City will deduct the agency fee from the members
pay.
6.3 Deductions shall be made from the first payroll period of each month and a check for the total
deductions shall be submitted to the Treasurer of the Organization within five (5) working days of the date
the dues or agency fees are withheld from the employee’s check or by Electronic Fund Transfer to a bank
designated by the Organization. The City will notify the Organization each month at the time of the dues
or agency fees transmittal to the Organization of any changes since the previous dues or agency fees
transmittal and the reasons therefore.
6.4 The dues deduction authorization form shall be approved by both the City and the
Organization.
6.5 The City shall provide all new employees with the Organization membership application
forms, payroll deduction authorization forms, and a copy of this Memorandum of Understanding before the
end of the first pay period. Such materials will be furnished to the City by the Organization.
6.6 Indemnity and Refund - The Organization shall file with the City an Indemnity Statement
wherein the Organization shall indemnify, defend and hold the City harmless against any claim made and
against any suit initiated against the City on account of Organization dues check off or premiums for
benefits. In addition, the Organization shall refund to the City any amounts paid to it in error upon
presentation of supporting evidence.
7.1(b) Discipline involving more than a reprimand (i.e., discharge, demotion or suspension): 1)
Disciplinary grievances must be filed within ten (10) calendar days of receiving a final Notice of
Discipline; 2) Disciplinary grievances shall commence at step 1 of this procedure, at the Department
Director level, and may continue to step 5. Probationary employees as defined in Section 10.7 shall not be
entitled to invoke Section 7, Grievance Procedure, with regard to matters of discharge, or demotion. This
shall not, however, prevent a probationary employee from exercising any other rights under this
Memorandum of Understanding.
7.2 Step One: The initial step in the adjustment of a grievance shall be a discussion between the
employee or the employee=s representative and/or Steward, and the immediate Supervisor. If the
grievance is not resolved, the employee or the employee=s representative and/or Steward shall present the
grievance in writing to the Division Head or Department Director as applicable, who will answer, in
writing, within ten (10) calendar days. This step requires a presentation to every level of management
below the City Manager. This step shall be started within thirty (30) calendar days of the date of the
action complained of or the date the grievant became aware of the incident which is the basis for the
grievance. This step may be taken during the working hours of the employee.
7.3 Step Two: If a grievance is not resolved in the initial step, the second step shall be the
presentation of the grievance, in writing, (and may be supplemented by an oral presentation) by the
employee or the employee=s representative and/or Steward to the Personnel Director who shall answer, in
writing, within ten (10) calendar days. This step shall be taken within ten (10) calendar days of the date of
the Department Director=s answer in step one.
7.4 Step Three: If a grievance is not resolved in the second step, the third step shall be the
presentation of the grievance, in writing, (and may be supplemented by an oral presentation) by the
employee or the employee=s representative and/or Steward to the City Manager or a designee from the
City Manager=s Office, who shall answer, in writing, within ten (10) calendar days. The written
presentation shall be a clear, concise statement of the grievance, the circumstances involved, the pertinent
dates, the decision rendered at the previous step, the section/article of this Memorandum of Understanding
alleged to be violated, and the specific remedy sought. The third step shall be taken within ten (10)
calendar days of the date of the answer in step two.
7.5 Step Four: If a grievance is not resolved in the third step, the fourth step shall be referral by
the Organization to mediation within twenty (20) calendar days of the answer in step three. Whenever a
grievance is referred to mediation, either the Organization or the City may request, in writing, that the
California State Mediation and Conciliation Service refer a state mediator. The mediator shall assist the
Parties in the resolution of the grievance in the same manner as that which is normally used in the
7.6(a) Step Five: If a grievance is not resolved in the fourth step, the fifth step shall be referral, in
writing, by either the City or the Organization to arbitration. The fifth step shall be taken within twenty
(20) calendar days of the date of the answer in step four.
7.6(b) An arbitrator shall be appointed on each occasion that a grievance is submitted, in writing,
to arbitration. The City and the Organization shall mutually agree to the arbitrator. If the City and the
Organization fail to reach agreement on the appointment of an arbitrator, they shall request the State of
California Mediation and Conciliation Service to nominate five (5) persons to be the Arbitrator. Each
party shall, alternately strike a name from the list of names. The first party to strike a name shall be
determined by lot. At the point in time when one (1) name remains, that person shall be the appointed
arbitrator. The costs of arbitration shall be borne equally by the City and the Organization. The City and
the Organization shall pay the compensation and expenses for their respective witnesses. At the
Organization=s request, the City shall release employees from duty to participate in arbitration
proceedings.
7.6(c) The arbitrator shall hold such hearings and shall consider such evidence as to the arbitrator
appears necessary and proper. The decision of the arbitrator shall be final and binding on the City and the
Organization and the aggrieved employee, if any, provided that such decision does not in any way add to,
disregard or modify any of the provisions of this Memorandum of Understanding.
7.7 Failure by the employee or the Organization to meet any of the aforementioned time limits as
set forth in Sections 7.1(b), 7.2, 7.3, 7.4, 7.5 or 7.6(a) will result in forfeiture, except however, that the
aforementioned time limits may be extended by mutual written agreement. If the City fails to answer a
grievance on a timely basis, the grievance may be advanced to the next level. Grievances settled by
forfeiture shall not bind either party to an interpretation of this Memorandum of Understanding, nor shall
such settlements be cited by either party as evidence in the settlement of subsequent grievances.
7.8 Notwithstanding the aforementioned procedure, any individual employee shall have the right
to present grievances to the City and to have such grievances adjusted without the intervention of the
Organization, provided that the adjustment shall not be inconsistent with this Memorandum of
Understanding and further provided that the Organization shall be given an opportunity to be present at
such adjustment.
7.9 The City and the Organization agree to use the appropriate Grievance Form as provided by the
Organization to more timely and efficiently move grievances through the process.
ARTICLE 8: SAFETY
8.1 The City desires to maintain a safe place of employment for City employees and to that end
City management shall make all reasonable provisions necessary for the safety of employees in the
performance of their work.
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8.3 Whenever a hazardous condition presents a clear danger to the health or safety of employees,
a safety meeting of Representatives of the Parties can be called by either party and shall be scheduled by
mutual agreement.
9.1 Supplemental Benefits for Industrial Injury: Whenever any Regular employee who is a
member of the California Public Employees= Retirement System is disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of the employee=s duties, which comes
within the application of the Workers= Compensation and Insurance Chapters of the State Labor Code, the
employee shall become entitled, regardless of the employee=s period of service with the City to
compensation at the rate of eighty-five percent (85%) of the employee=s regular salary, in lieu of
temporary disability payments, if any, which would be payable under the State Labor Code, for the period
of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on
permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at
the rate of eighty-five percent (85%) of regular salary, any Regular or Regular Job-Share employee who is
still unable to return to work and is still receiving temporary disability indemnity payments shall become
entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee=s regular
salary for the period of such disability but not exceeding six (6) months or until such earlier date as the
employee is retired on permanent disability pension through the California Public Employees= Retirement
System. In consideration of this benefit, the Regular or Regular Job-Share employee shall pay over to the
City any temporary or permanent disability compensation received, whether from Workers=
Compensation, employee group insurance benefits or unemployment compensation benefits provided for
under State law, and shall affirmatively assist the City in obtaining any such benefits to which the
employee may be entitled but has not yet received arising out of such disability, but such payment from the
employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the
employee by the City in accordance with the provisions of this section. The Parties recognize abuse of the
workers= compensation program is against the interests of the City and employees alike, and, therefore,
will cooperate as appropriate to prevent abuse.
9.2 An employee who is absent by reason of industrial disability may be returned to work by the
City and given temporary light duties within the employee=s ability to perform, with the consent of the
employee=s physician. The duration of any such period of temporary work shall be determined by the
City. Such employee shall be compensated at the then current rate of pay of the employee=s regular
classification while engaged in such temporary duties. The City may require an employee being
considered for return to work after an absence caused by disability or illness to submit to a medical
examination by a physician or physicians approved by City for the purpose of determining that such
employee is physically and mentally fit and able to perform the duties of the employee=s position without
hazard to the employee, or to the employee=s fellow employees, or to the employee=s own permanent
health.
9.4 Vacation and sick leave shall be accrued without regard to established limits while a Regular or
Regular Job-Share employee is absent from work as a result of a job related disability and receiving the
supplemental benefits to Workers’ Compensation temporary disability compensation as set forth in 9.1. All
Regular employees who are not in a City paid status and on leave receiving Workers’ Compensation
temporary disability benefits shall receive group health and welfare insurance coverage during the period in
which they are receiving temporary disability compensation for up to a maximum of a cumulative total of
five (5) three (3) years, which includes the period in which the employee is receiving supplemental disability
benefits as set forth in 9.1, provided the employee pays his or her share of the monthly group health and
welfare insurance coverage program premium, if any. Holidays which occur during the period for which any
employee is receiving temporary disability compensation shall not be recognized by such employee for
compensation purposes.
10.2 A Regular employee (status code 3) is defined as an employee hired for a full-time position
that has been regularly established as an authorized position and is of indeterminate duration. A Regular
employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay,
vacation pay, holiday pay, retirement plan participation, health and welfare insurance coverage and items
of a similar nature, as the employee becomes eligible.
10.3 A Part-Time employee (status codes 8a and 8b) is defined as an employee hired to work
less than a Regular full-time employee. A Part-Time employee may work part-time, intermittently, or on
an irregular schedule. A status code 8a employee works for a period not to exceed one thousand (1,000)
hours per fiscal year. A status code 8b employee works for a period not to exceed one thousand five
hundred and sixty (1560) hours per fiscal year and is eligible to participate in the CalPERS retirement
plan. A Part-Time employee shall receive not less than the minimum rate for the job, nine and one half (9
½) fixed holidays (January 1st; the third Monday in January; the third Monday in February; the last
Monday in May; July 4th; the first Monday in September; Thanksgiving; Friday after Thanksgiving; the
last half of the normal work shift before Christmas; and December 25th), and shall be eligible for sick leave
pay per California State Law. However, a Part-Time employee shall not be eligible for supplemental
benefits for industrial injury, funeral leave pay, or items of a similar naturebut shall not be eligible for sick
leave pay or items of a similar nature, nor shall the employee be eligible for insurance coverage. A Part-
Time employee will be allowed to make-up absences due to jury duty service under the same conditions as
outlined in the City=s Policy on Close Down of City Operations Due to Emergency Conditions; no
Overtime Pay may be incurred as a result of this provision. The employee will be eligible for the Public
Agency Retirement System 457 Plan (PARS-457 Plan) or may be eligible for participation in the CalPERS
retirement plan if the employee exceeds 1,000 hours in a fiscal year. After the completion of 24-months of
continuous City service, the employee will be entitled to vacation pay on the same basis as Regular
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10.4 A Temporary employee (status codes 7 and 9) is defined as an employee hired for
occasional or seasonal work for a period not to exceed one thousand (1,000) hours in a fiscal year. A
status code 7 employee works full time for a period not to exceed six (6) months or one thousand (1,000)
hours per fiscal year whichever comes first. A status code 9 employee works on-call, seasonal,
intermittent or on an irregular schedule for a period not to exceed one thousand (1,000) hours per fiscal
year. A Temporary employee shall receive not less than the minimum rate for the job and will be eligible
for the PARS-457 Plan and sick leave pay per California state law, but shall not be eligible for sick leave
pay, holiday pay, vacation pay, health and welfare insurance coverage, or items of a similar nature, nor
shall an employee accrue seniority or promotion and transfer rights. A temporary employee may be
terminated from employment or demoted without recourse at any time. After the completion of 24-months
of continuous City service, the employee will be entitled to vacation pay on the same basis as Regular
employee. If a Temporary employee is reclassified to Part-Time or Regular status, the employee shall not
be credited with service in determining eligibility for such benefits as may accrue to the employee in the
employee’s new status.
10.5 A Job-Share employee (status code 2) is defined as an employee who is assigned to work a
portion of the regular work hours of a full-time regularly authorized position with another employee who is
assigned to work the other portion. A Job-Share employee shall receive not less than the minimum rate for
the job and shall receive benefits as set forth herein on a prorated basis at the same ratio to full-time
employee benefits as the employee=s work hours bear to full-time employee=s work hours. Whenever a
Regular employee is assigned to a job-share position, such employee shall retain their Regular status.
Whenever anyone other than a Regular employee is assigned to a job-share position, such employee shall
serve a one (1) year probationary period.
10.6 A Part-Time Regular employee (status code 6) is defined as an employee who has one (1)
year, or more, service with the City in full-time employment as a Regular employee, and who is
subsequently re-categorized, without a break in service, to work less than fifteen hundred sixty (1,560)
hours but more than one thousand (1,000) hours. A Part-Time Regular employee shall receive not less
than the minimum rate for the job, and shall be eligible for sick leave pay, vacation pay, holiday pay
(accrued at .052 of an hour for each hour worked or on paid leave), retirement plan participation (as
outlined in Article 24), insurance coverage (pursuant to group insurance contract provisions), and seniority
accrual, but shall not be given preferential consideration for promotion or transfer nor shall the employee
be eligible for supplemental benefits for industrial injury, funeral leave pay, or items of a similar nature.
A Part-Time Regular employee will be allowed to make-up absences due to jury duty service under the
same conditions as outlined in the City=s Policy on Close Down of City Operations Due to Emergency
Conditions; no Overtime Pay may be incurred as a result of this provision. If a Part-Time Regular
employee is eligible for and elects insurance coverage, the premiums shall be shared by the City and the
employee on a prorated basis at the same ratio to full-time employee benefits as the employee=s work
hours bear to full-time employees= work hours. If a Part-Time Regular employee is reclassified to
Regular status, the employee shall be credited with all continuous service in determining eligibility for
such benefits as may accrue to the employee in the employee=s new status.
10.8 A Part-Time or Temporary employee budgeted for 1,000 hours in the fiscal year will be
limited by the City to 990 hours pursuant to City policy to avoid situations in which such employee may
inadvertently exceed 1,000 hours in the fiscal year. The 990-hour limit may only be exceeded by specific
approval of the City Manager or designee following a written request from the department.
11.1 Employees holding a classification listed on Exhibits AA@ or AB@ shall be paid the rate
established for their classification. Upon initial appointment to a classification, an employee shall
normally be paid the lowest rate for that classification. An employee may, however, be paid a rate above
the lowest rate if circumstances justify it. Step increases require Department Director and City Manager
or his/her designee=s approval and will be granted when an employee achieves an annual overall
performance evaluation rating of meets job standards or higher, as follows: After twenty-six (26) full pay
periods of employment in each and every successive Compensation Step in the Compensation Ranges
listed in Exhibits AA@ and AB”, with the exception of part time status codes 8a and 8b employees. Part
time status codes 8a and 8b employees will be eligible for a step increase after working 50% of the
budgeted hours since the last step increase, provided a step increase has not been received in the last
twelve (12) months. Status code 9 employees will be eligible for a step increase after working twenty-six
(26) pay periods per step and 50% of the budgeted hours for the fiscal year. A full pay period as used
herein is defined as one in which the employee works or is paid for time off for at least half of the
regularly scheduled work hours, excluding those full time employees on an approved FMLA leave. The
effective date of a higher step shall be the first day of the pay period following qualification for the new
step. A promotion to a higher paid classification pursuant to Section 14.3 does not change the anniversary
date for Compensation Step increases.
11.2 Compensation shall be paid at bi-weekly intervals on Thursdays at the end of the
employee=s work period after 12:00 noon for a pay period ending no earlier than the preceding Saturday.
If a pay day falls on a holiday, payment shall be made on the preceding workday. Effective May 6, 2008,
all new employees must make arrangements to have their pay deposited to a bank account via electronic
transfer.
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11.4 Employees shall receive shift differential pay for each hour worked during the shift, in
addition to the employee=s regular salary, when assigned to work a regularly scheduled shift as follows:
which begins between 3:00 p.m. and 11:30 p.m. at the rate of three and one-half percent (32%) or between
11:30 p.m. and 4:00 a.m. at the rate of five percent (5%).
11.5 Attached hereto and made a part hereof are Exhibits AA-1@ and AA-2@ titled ANon-exempt
Employee Schedule of Classifications and Hourly Wage Rates@ and AB-1@ and AB-2@ titled AExempt
Employee Schedule of Classifications and Salary Ranges.@
11.6 Whenever an employee is reassigned by the City to replace an absent employee with a
higher pay rate and the employee performs a substantial majority (greater than fifty percent [50%]) of the
absent employee=s duties for a substantial majority (greater than fifty percent [50%]) of the work day,
such employee shall have their compensation rate increased by a minimum of five percent (5%).
Temporary assignments to the duties of another higher paying classification and compensation requires
prior City approval. Temporary reclassifications and temporary increases that last 90 days or more will
require a side letter with the Organization.
Temporary Reclassification Changing the classification of an employee due to Compensated at the higher
temporary change in the nature of the work which is classification rate of pay with a
anticipated to last more than one (1) pay period, but minimum of five percent (5%)
less than one (1) year. Requires Personnel Action more than the current rate of pay.
Form (PAF).
11.7 The City Manager may, based upon outstanding job performance, grant an employee a one
time salary increase up to ten percent (10%) above the top of the salary range for a period not to exceed
one (1) year. This one time increase is not cumulative and the employee will revert to the employee=s
regular salary rate at the end of the one (1) year period.
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11.9 Compensation Study – A Compensation Study will be conducted during the term of the
MOU. Results from the Compensation Study will be considered in negotiations for a successor MOU.
12.1 All Regular employees will receive full time employment for each workweek employed,
provided they report for duty and are capable of performing their work. This is not to be interpreted that
the City does not retain the right to lay off or release employees on account of lack of work or other valid
reason.
12.2 Each employee shall report for work at the employee=s regularly established headquarters
and shall return thereto at the conclusion of the day=s work and the time spent in traveling between such
headquarters and the job site shall be considered as time worked.
12.3 A workweek is defined to consist of seven (7) consecutive calendar days, Sunday through
Saturday, and a basic workweek is normally defined to consist of five (5) consecutive workdays of eight
(8) hours each. The basic workweek may begin on any day of the week or at any hour of the day during
the workweek. The City may modify employee work schedules from time to time as needed. Except in
the event of an emergency, the City will give employees as much notice as possible of any permanent
schedule change, but in any event not less than five (5) workdays, unless there is mutual agreement. The
basic workweek indicated above may be modified by mutual agreement of the City and the affected
employee(s) in those situations where such a modification serves the interests of both the City and its
employees.
12.4 Except for Part-Time and Temporary employees and those employees holding a
classification listed on Exhibit AB@, overtime is defined as (a) time worked in excess of forty (40) hours in
a workweek, (b) time worked in excess of eight (8), nine (9), or ten (10) hours as applicable on a
scheduled workday, (c) time worked on a non-workday, (d) time worked outside of regular hours on a
workday, and (e) time worked on a holiday. For Part-Time employees, overtime is defined as time worked
over forty (40) hours in a workweek except time worked on a holiday which the employee is entitled to
have off with pay and shall be paid at the overtime rate of pay. For Temporary employees, overtime is
defined as time worked over forty (40) hours in a workweek. Overtime shall be computed to the nearest
one-quarter (1/4) hour. In such cases where the basic workweek has been modified by mutual agreement
pursuant to 12.3, these overtime requirements may be waived pursuant to applicable law.
12.5 Provided the working of overtime has prior approval by an immediate supervisor or other
City management staff, overtime compensation shall be paid at a rate equivalent to one and one-half (12)
times the regular rate of pay or, at the employee=s option, the employee may elect to receive time off with
pay at the rate of one and one-half (12) hours off for each overtime hour worked. Compensatory time off
with pay shall be scheduled in the same manner as vacations are normally scheduled. The maximum
compensatory time off available for any employee at any time shall be the maximum established by the
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12.6 Employees who are entitled to overtime compensation and who are required to report for
work on their non-workdays or on holidays they are entitled to have off, or outside of their regular hours on
workdays, shall be paid overtime compensation for the actual time worked, but in no event for less than
two (2) hours compensation each time an employee is required to report back to work, except however,
that employees shall not be paid more than time and one-half the regular rate of pay for any given time
period. If an employee reports back to work for such overtime work outside of the employee=s regular
hours on a workday continues to work into the employee=s regular hours, the employee shall be paid
overtime compensation only for the actual overtime worked. If an employee performs overtime work
immediately following the end of the employee=s regular shift, the employee shall be paid overtime
compensation only for the actual overtime worked.
12.7 For those employees who are entitled to overtime compensation, overtime shall be
distributed as equally as is practicable among those employees who are qualified and available and who
volunteer for overtime work and the City shall not require employees who have worked overtime to take
equivalent time off during a workday without pay.
12.8 All employees holding a classification listed on Exhibit AB@ AExempt Employee Schedule
of Classifications and Salary Ranges@ are exempt from the Fair Labor Standards Act and the provisions of
this Article.
13.1 Seniority is defined as total length of continuous service with the City. In determining an
employee=s seniority, the continuity of the employee=s service will be deemed to be broken by
termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff, (4) failure to
return immediately on the expiration of a leave of absence or acceptance of other full time employment
while on leave, and (5) unexcused absence without pay, without a leave of absence, in excess of three (3)
workdays. Continuity of service will not be broken and seniority will accrue when an employee is (a)
inducted, enlists or is called to active duty in the Armed Forces of the United States or service in the
Merchant Marine or under any Act of Congress which provides that the employee is entitled to re-
employment rights, (b) on duty with the National Guard, (c) absent due to industrial injury, (d) on leave of
absence or (e) on excused absence.
14.1 All promotions and transfers shall be in accordance with standards and procedures as
outlined in the City=s Competitive Recruitment/Reclassification Policy.
14.2 Whenever any City Council authorized full-time position vacancy occurs, which the City
intends to fill, the City shall post the position vacancy in a consistent, distinctive manner with pertinent
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14.3 Whenever an employee is promoted to another higher paying classification, the employee
shall receive a five percent (5%) pay increase, provided, however, that the maximum pay rate of the new
classification compensation range is at least five percent (5%) higher than the employee=s current pay
rate. Receiving a promotion and at least a five percent (5%) pay increase does not change the salary step
increase date. That date will remain as defined in Section 11.1.
14.4 All promotions and transfers of City employees shall be on a probationary basis for six (6)
months. At any time during the probationary period the City may terminate the appointment. If the
appointment is terminated, the employee shall be returned to either the employee=s previous classification
and pay rate, or some other classification that is mutually acceptable to the employee and the City. Any
unpaid absences during a probationary period shall cause the probationary period to be extended by the
length of the absence. Employees on a promotional/transfer probation period shall be provided a written
performance evaluation after three (3) months of service and as often as necessary as determined by the
employee’s Supervisor. A probationary employee shall not be terminated after completing three (3)
months of the probationary period if the performance evaluation has not been presented to the employee.
The probation period may also be extended by the City for up to six (6) months in circumstances where
further evaluation of the employee is necessary.
14.5 An employee requesting lateral transfer from one position to another position in the same
classification, or requesting voluntary demotion to a position in a lower paid classification, for which the
employee is qualified, shall be added to the current eligibility list for that classification.
15.1 Whenever it becomes necessary for the City to lay off employees for any reason, the City
will notify the Organization and give employees involved as much notice as possible; but in no event will
such employees receive less than two (2) weeks notice of layoff. Notice to the Organization will include
an offer to meet and discuss the impact of the layoff to include a review of the agreed upon “Lines of
Progression” chart as referenced in Sections 15.3 and 15.4 below.
15.2 Regular employees will be laid off in the reverse order of the employee’s City seniority.
Probationary employees as defined in Section 10.7, but excluding those defined in Section 14.4, will be
laid off before other Regular employees without regard for their seniority. Part-Time employees will be
laid off in the reverse order of their hire date within the Department.
15.3 An employee whose job is being eliminated, may elect to displace the least senior employee
in any equally or lower paid classification in the Supervisory/Confidential or the Clerical, Technical and
Professional Unit, if qualified to perform the duties of the classification and if the employee=s seniority is
greater than that of the employee in the classification being displaced. The City will utilize the “Lines of
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15.4 A Part-Time employee whose job is being eliminated, with the exception of a Temporary
employee, may elect to displace the Part-Time employee with the latest employment date, if qualified to
perform the duties of the classification, and if the classification is in the Supervisory/Confidential or
Clerical, Technical, and Professional Units. “Qualified” for the purpose of this Article will mean those
classifications identified in the “Lines of Progression” chart as a lateral or lower classification, or a
classification the employee previously held within the Supervisory/Confidential or the Clerical, Technical
and Professional Unit.
15.45 Regular employees, who are laid off will be given preferential re-hire rights, in the reverse
order of layoff, in filling future vacancies, for which they are qualified, for a period of up to two (2) years
from the date of layoff, providing they keep the City advised of their current address. Employees who
accept a less than full-time position or lower paid position will be given preferential re-hire rights, in the
reverse order of layoff, in filling future vacancies, for which they are qualified, for a period of up to one
(1) year. If a current or laid off employee does not accept reinstatement, the employee’s name shall be
removed from the reinstatement list and the employee shall no longer have reinstatement rights.
Employees who are reinstated from the reinstatement list, will be credited with all previously accrued and
unused employee benefits and seniority as of the date of layoff.
15.6 Employees on a reinstatement list will be notified of all position vacancies within the City.
15.7 An employee reinstated to their original position who completed probation, or who accepts
a lateral or lower classification as a result of layoff, will not serve a probationary period. An employee who
did not complete probation in their original classification and who returns to that classification will be
required to complete the initial twelve (12) month probationary period.
15.8 Notwithstanding the provisions of this Article, the City and the Organization may agree to
other procedures, including furloughs, during the term of this Memorandum of Understanding.
16.1 Leave of absence may be granted to employees by the City Manager for urgent and
substantial reason, up to a maximum of one (1) year, providing satisfactory arrangements can be made to
perform the employee=s duties without undue interference with the normal routine of work. Inability to
return to work after an employee=s sick leave has been exhausted will be considered as an urgent and
substantial reason and in such cases a leave will be granted.
16.2 A leave of absence will commence on and include the first workday on which the employee
is absent and terminates with and includes the workday preceding the day the employee returns to work.
16.3 All applications for leave of absence shall be made in writing except when the employee is
unable to do so. The conditions under which an employee will be restored to employment on the
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16.4 An employee=s status as a Regular employee will not be impaired by such leave of absence
and the employee=s seniority will accrue.
16.5 If an employee fails to return immediately on the expiration of the employee=s leave of
absence or if the employee accepts other full time employment while on leave, the employee will thereby
forfeit the leave of absence and terminate the employee=s employment with the City.
16.6 An employee on a leave of absence as provided herein shall not accrue vacation or sick
leave benefits nor maintain group health and welfare insurance coverage. An employee may, however, at
their option and expense, maintain the employee’s group health and welfare insurance coverage providing
the full monthly premium is received by the City Treasurer on or before the first day of the month for
which the premium is intended. Notwithstanding the above, however, if the leave of absence is as a result
of exhaustion of sick leave benefits an employee’s group health and welfare insurance may be maintained
for up to three (3) calendar months utilizing the normal premium-sharing formula, providing the employee
pays their share of the premium on a timely basis.
16.7 The Parties acknowledge the provisions of State and Federal law governing family leaves.
The Family and Medical Leave Act (FMLA), which is subject to legislative change, currently entitles
those employees who have worked twelve hundred fifty (1,250) or more hours during the preceding twelve
(12) month period to take up to twelve (12) weeks of unpaid, job protected, leave during any twelve (12)
month period for serious health condition of employee or immediate family member or for child birth or
adoption. An employee is required, to give thirty (30) days advance notice when leave is foreseeable,
provide periodic medical certifications as to the conditions necessitating the leave and report at the request
of the City during the leave regarding the employee=s status and intention to return to work. Health
insurance benefits will be continued on the same basis as prior to the FMLA leave. Annually the City will
post the applicable State and Federal laws pertaining to family leave including maternity/paternity leave.
16.8 An employee may use sick leave, vacation or other accrued leave for a normal disability
period of maternity leave of up to six (6) weeks. That period may be extended with acceptable written
medical certification, if disability continues after the six (6) week period. If an employee elects to remain
off work for a longer period of time, the general provisions for Leave of Absence apply.
17.1 To allow for a fair and equitable means of reimbursing expenses incurred while conducting
City business, i.e., traveling to authorized meetings, seminars, training sessions, luncheons and other
events approved by the Department Director, reimbursements will be at the rate established within the
Employment and Benefit Policies for Unrepresented Employees.
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17.2 Employees shall follow the City Council Resolutions and policies restricting employee use
of City vehicles for personal purposes.
17.3 Whenever an employee is required to travel out of the City, the City will determine a
reasonable means of travel and travel time allowance, if any.
17.4 Whenever an employee travels on official City business, the employee shall receive actual
lodging expenses provided they are approved in advance by the City.
17.5 Meal allowances, including tax and tip, at the following rates may be allowed while an
employee is on official City business:
Dinner $17.50
Lunch 9.50
Breakfast 7.00
With advance City approval optional meals or programs included as a part of the conference or
meeting program shall be paid at the stated program rate. Employees will make every effort to stay within
the above limits, however, with Finance Director approval, when circumstances justify it, reimbursement
of actual meal expenses will be made.
17.6 With City approval and proper documentation of the expense, employees may be
reimbursed for incidental expenses while on official City business for items such as:
Registration
Taxi, bus and other transportation fares
Business phone calls and faxes
Gratuities
Parking
18.1 Sick leave with pay shall be accumulated for each Regular and Job-Share employee at the
rate of forty-six thousandths (.046) of an hour for each regular hour worked or on paid leave. (Accrual rate
approximately one (1) day per month, or 3.68 hours per pay period.)
Part-time and Temporary employees will accrue paid sick leave at a rate of one hour for every 30
hours worked which is equivalent to a rate of .033 per hour worked. Part-time and Temporary employees
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18.2 Sick leave shall be allowed for a non-work related absence due to: (a) the inability of an
employee to be present or perform the employee=s duties because of personal physical or mental illness,
off duty injury or confinement for medical treatment; (b) personal medical or dental appointments which
are impractical to schedule outside of regular working hours; (c) the need to be present during childbirth,
surgery, critical illness or injury involving members of the immediate family as defined in Section 19.1, for
up to forty (40) hours per incident and (d) the need to attend sick or injured immediate family members as
defined in Section 19.1 for up to forty-eight (48) hours per calendar year.
18.3 Management may require satisfactory evidence of illness or disability in accordance with
State and Federal Law before payment for sick leave will be made. The City may also require an
employee requesting to return to work after sick leave or leave of absence for medical or psychiatric
reasons to submit to an examination by a physician or physicians approved by City for the purpose of
determining that such employee is physically or mentally fit and able to perform the duties of the
employee=s former position without hazard to the employee, fellow employees or to the employee=s own
health. Such examination or examinations shall be at the sole expense of the City, and the employee shall
be placed on leave with pay for the purposes of such examination. The Parties recognize abuse of the sick
leave program is against the interests of the City and employees alike, and therefore, will cooperate, as
appropriate, to prevent abuse.
18.4 If a holiday which an employee is entitled to have off with pay occurs on a workday during
the time an employee is absent on sick leave, the employee shall receive pay for the holiday as such and it
shall not be counted as a day of sick leave.
18.5 Whenever any employee exhausts all categories of paid time off as a result of illness or
injury, with approval of the employee=s Department Director, the Personnel Director and the City
Manager an employee may receive up to eighty (80) hours advanced sick leave with pay. If the employee
returns to duty, such advanced sick leave shall be returned to the City from subsequent sick leave accruals.
If the employee terminates City employment, such advanced sick leave shall be repaid to the City from
any funds due the employee by the City. If sufficient funds are due the employee by the City, the
employee shall directly reimburse the City for advanced sick leave in excess of the funds, if any,
previously withheld. Such direct reimbursement will be waived for employees who are terminally ill or
totally disabled (100%).
18.6 Any employee who after ten (10) years of continuous service to the City terminates
employment shall be paid at the employee=s regular pay rate for thirty-three and one-third percent (33-
1/3%) of the employee=s accumulated sick leave hours. For employees with fifteen (15) years or more but
less than twenty (20) years of continuous service, the percentage set forth above shall be increased to
forty-five percent (45%). For employees with twenty (20) years or more of continuous service, the
percentage set forth above shall be increased to sixty percent (60%). Pursuant to the contract between the
City of Redding and the California Public Employees= Retirement System (CalPERS), when an employee
makes an election to accept payment at the rates specified above, all remaining unused sick leave will be
used for service credit with CalPERS. Employees have the option to take less sick leave pay-out and
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18.7 Upon an affirmative vote of the membership during the term of this agreement, the City and
the Organization agree to implement a VantageCare (or similar program) at the employee’s expense.
Details of the program will be subject to the mutual agreement of the Parties.
19.1 Regular and Job-Share employees who are absent from work due to the death of a member
of the employee=s Aimmediate family@ shall receive compensation at the regular rate of pay for the time
necessary to be absent from work, but not to exceed forty (40) working hours. AImmediate family@ as
used herein includes only employee=s spouse, children, grandchildren, brothers, sisters, parents, or
grandparents of either spouse or other persons who are living in the employee=s immediate household.
19.2 Regular and or Job-Share employees who are absent from work to attend the funeral of a
person other than an immediate family member shall give as much advance notice as possible and shall
receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to
exceed one (1) regularly scheduled work day per funeral. A maximum of twenty four (24) hours may be
utilized in a calendar year.
19.3 An employee must be in a paid status on both scheduled workdays immediately adjacent to
funeral leave in order to receive pay for such leave.
20.1 Regular, Job-Share, and Part-Time (not Temporary) employees, except as otherwise
provided herein, shall be entitled to have the following holidays off with pay, except that Part-Time
employees shall not be entitled to have Lincoln Day, employee’s birthday, Columbus Day or Veterans Day
off with pay:
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If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as the
holiday, except by those employees who are regularly scheduled to work on Sunday other than on an
overtime basis. Employees who are regularly scheduled to work on Sundays shall observe such holidays
on Sunday. If any of the foregoing holidays fall on a Saturday, the preceding Friday shall be observed as
the holiday, except by those employees who are regularly scheduled to work on Saturday other than on an
overtime basis. Employees who are regularly scheduled to work on Saturdays shall observe such holidays
on Saturday. If any of the foregoing holidays fall on any day from Monday through Friday, inclusive, and
that day is a regularly scheduled non-workday for an employee, such employee shall be entitled to receive
another workday off with pay to be scheduled in the same manner as vacation days are normally
scheduled. Notwithstanding the foregoing, an employee may observe the employee=s birthday holiday on
the employee=s birthday or anytime during the pay period in which the birthday occurs, or the holiday may
be deferred and scheduled as vacations are normally scheduled. The holidays known as Lincoln Day,
Columbus Day, and Veterans Day shall be scheduled by employees and their supervisors in the same
manner as vacations are normally scheduled. Employees who work alternative work schedules commonly
known as four-tens (4/10's or 9/80's and/or 4/5/9's) will be entitled to holiday pay for eight (8), nine (9), or
ten (10) hours as applicable.
20.2 Exempt shift employees who regularly must take deferred holidays, consistent with needs of
the service, may have their deferred holidays scheduled immediately adjacent to their regularly scheduled
days off.
20.3 Exempt employees scheduled to work on a holiday will observe that holiday at another time
to be scheduled by the employee and the employee=s supervisor in the same manner as vacations are
normally scheduled.
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21.1(a) Regular and Job-Share employees, and Part-Time employees with twenty-four (24) months
of continuous service shall accrue vacations with pay up to a maximum of four hundred (400) hours as
follows:
ACCRUAL APPROXIMATE
THROUGH APPROXIMATE YEARS
RATE ACCRUAL RATE
PAY ACCRUAL OF
PER FROM PER FULL PAY
PERIOD RATE SERVICE
HOUR PERIOD
Date of
A .039 Employment 104th 2 weeks 3.12 hours 1-4
th th
B .058 105 234 3 weeks 4.64 hours After 4
C .068 235th 364th 3 ½ weeks 5.44 hours After 9
th th
D .077 365 494 4 weeks 6.16 hours After 14
E .087 495th 624th 4 ½ weeks 6.96 hours After 19
th
F .096 625 -- 5 weeks 7.68 hours After 24
21.1(b) A full pay period as used in this Article is defined as one in which the employee works or
is paid for time off for at least half of the regularly scheduled work hours.
21.3 Vacations will be scheduled throughout the calendar year. Employees with greater
seniority, as defined in Article 13, will be given preference over those with less seniority in the selection of
a vacation period, provided, however, that if the senior employee splits the employee=s vacation by
requesting less than a full year=s allowance to be scheduled on consecutive workdays, the employee=s
preferential rights shall apply only on one period in that calendar year prior to all other employees being
given consideration in the selection of their first choice vacation period. Departments that have employees
select vacations a year in advance, the first round will be done by seniority using the same criteria listed
above. With Department Director approval, employees may elect a second or third round of vacation picks
in the same manner used in the first round. Should a senior employee forego selecting a vacation at any
round, they forego their right to seniority.
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21.5 If a holiday which an employee is entitled to have off with pay occurs on a workday during
the employee=s vacation period, such employee will be entitled to an additional day of vacation and will
be compensated for same.
21.6 Employees whose employment with the City is terminated for any reason shall, at the time
of termination, receive pay for any unused vacation previously earned.
21.7 The City will, at the employee’s option, compensate employees for accumulated vacation
during any fiscal year as follows:
21.8 Whenever any employee has exhausted all paid time off benefits as a result of a non-work
related injury or disability, and is not eligible for long-term disability insurance benefits, other employees
may contribute their vacation credits to the disabled employee with vacation credits being donated and
granted on the basis of the dollar value of the vacation credits.
21.9 An employee who has submitted a vacation request in writing more than two (2) weeks
prior to the beginning of the requested vacation shall receive approval or denial of the request in writing
within five (5) working days of the request. Failure of the supervisor to provide such decision within five
(5) working days will be treated as though the vacation request was approved. If an employee=s
supervisor is not available to make such a decision, the employee=s division manager or department
director will do so.
22.1 With City Manager approval, Department Directors may grant exempt employees up to
forty (40) hours paid administrative leave per calendar year, provided the employee commits to work a
minimum of forty (40) hours per year beyond regular work hours.
22.2 The City Manager may grant up to an additional forty (40) hours paid administrative leave
per calendar year to certain designated exempt employees who commit a significant number of work hours
above regular work hours to a specific project or projects, or to recognize outstanding contributions to the
City.
22.3 Administrative leave, if any, will be granted effective on the first day of the pay period
closest to January 1 each year and must be used before the end of the calendar year. No administrative
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22.4 In the event an employee does not agree with the administrative leave amount granted, the
employee may appeal to his/her department head. If not satisfied with the department head=s decision on
appeal, the matter may be appealed to the Personnel Director, who will have the authority, with City
Manager concurrence, to adjust the allotment.
22.5 Administrative leave may not be taken for the purpose of outside employment or for self
employment.
23.1 With the exception of newly hired employees, an annual uniform allowance for certain
classifications of employees as listed below shall be paid in equally divided installments on a bi-weekly
basis with the City’s regular payroll processing. New employees and existing employees transferring into
the applicable position, will be given the opportunity to receive the full amount indicated below, spend the
full allowance with a City vendor, or spend a partial amount with a vendor and receive the remaining
amount with payroll. All of the above transactions must be completed prior to the end of the current fiscal
year. In July following the employee’s hire date, regardless of time with the City, the employee will begin
receiving bi-weekly installments with the regular payroll. Annual uniform allowances are as follows:
23.2 The City shall pay the reasonable cost of repair or replacement of uniforms, glasses,
watches, or other personal property up to two hundred dollars ($200) per incident damaged in the course of
employment. This provision does not apply to items lost or damaged as a result of negligence of the
employee.
Formatted: Justified, Indent: First line: 0.5",
Keep with next, Tab stops: 6.75", Left + 7",
ARTICLE 24: EMPLOYEE BENEFIT PROGRAMS Left + 7.25", Left
24.1 Retirement Plan: All Regular, Part-Time Regular, and Job-Share employees are covered by
the California Public Employees= Retirement System (CalPERS) program pursuant to an existing contract
with the California Public Employees= Retirement System.
(a) Tier 1: Regular employees hired prior to January 1, 2013, and those considered to be “Classic
CalPERS Members” and will be covered under the 2.0% at age 55 retirement benefit formula with the 12
highest paid consecutive month’s final compensation provision. Employees be covered by the Indexed
level of 1959 Survivors’ Benefit Program, Survivor Continuance allowance; credit for unused sick leave;
and military service credit buy back option. Effective August 16, 2015, the employee contribution of
seven percent (7%) of pensionable earnings will be paid by the employee through a bi-weekly payroll
deduction on a pre-tax basis. Regular employees vested in Tier 1 who leave City employment and
subsequently are rehired will be re-employed with Tier 1 status for CalPERS benefits.
The City will also provide employees hired prior to January 1, 2013, with the Public Agency
Retirement System (PARS) 0.7% at age 55 retirement benefit formula for each year of regular City
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(b) Tier 2: Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
employees hired on or after January 1, 2013, will be covered by the 2.0% at age 62 retirement formula
with the 36 highest consecutive months final compensation provision as a “New CalPERS Member” if the
employee 1) has not been a member of a California Public Retirement System, or 2) had prior
CalPERS/reciprocity service with a break in service of six months or longer. Employees will be covered
by the Indexed level of 1959 Survivors’ Benefit Program, Survivor Continuance allowance; credit for
unused sick leave; and military service credit buy back option. Also pursuant to PEPRA, New CalPERS
Members will be responsible for paying one-half of the total normal cost rate for the retirement benefit on
a bi-weekly pre-tax basis.
Employees hired on or after January 1, 2013, will not be eligible for the Public Agency Retirement
System (PARS) 0.7% at age 55 supplemental retirement benefit formula.
(c) Part-Time employees not included within Section 24.1(a) or 24.1(b) above, and Temporary
employees, shall be covered by the PARS-457 Plan. Effective August 16, 2015, participating employees
will pay 3.75 percent (3.75%) for the benefit through a bi-weekly payroll deduction on a pre-tax basis.
(d) Deferred Compensation Program: Regular employees are eligible to participate in the City’s
Deferred Compensation Plan through voluntary payroll deductions from the employee’s pay. Changes
which affect, or have the potential to affect, the Organization members will be made only after reasonable
notification has been made and the meet and confer process, if any, has been concluded.
24.2 Group Health and Welfare Insurance Coverage: All Regular and Job-Share employees are
eligible to participate in a group health and welfare insurance benefit program which includes the medical,
prescription, dental, vision, life and long term disability plans, effective the first day of employment. The
City shall pay the cost of the program for both employee and dependents as indicated below. If a Part-
Time Regular employee is eligible for and elects insurance coverage, the premiums shall be shared by the
City and the employee on a prorated basis at the same ratio to full-time employee benefits as the
employee’s work hours bear to full-time employees’ work hours.
(a) Life Insurance: Twice annual salary for employee, $3,000 for employee=s dependents. The
City will pay the full cost of the premiums. More specific benefit information is provided in the carrier’s
booklet.
The City’s contribution toward the monthly group health and welfare insurance composite premium
rate shall be ninety percent (90%) and the employee will begin paying ten percent (10%) of the rate through a
bi-weekly payroll deduction. The ten percent (10%) co-share of premium will be recalculated every
January
1st to coincide with the renewal of the City’s Group Health Insurance Plan. The City shall establish a
Section 125 Plan effective with the first pay period the ten percent (10%) co-share is taken from their pay.
This will redirect the portion of the employee’s salary to pay, on a pre-tax basis, the employee’s contribution
toward the medical, prescription, dental and vision insurance composite premium rate.
24
Employees with spousal coverage will be allowed to “opt out” of the City’s group health and welfare
insurance coverage (cease paying their share of the premium) beginning January 1, 2016. Employees “opting
out” of the City’s group health benefits must provide proof of alternative health care coverage on an annual
basis during the open enrollment period.
The City and the Organization recognize that it is the on-going plan of the City that all
bargaining units will have the same group insurance benefits.
The City reserves the right to modify the group insurance composite rate structure to establish
classes of coverage and rates in an effort to create a rate structure more compatible to employee claims
experience. The City and the Organization agree to meet and confer prior to any changes being made to the
group insurance composite rate structure.
For specifics regarding the City’s Group Health and Welfare Benefit Plan, refer to the Benefit
Summary Plan Document. Formatted: No underline
The premium cost of the Prescription benefit program is outlined under “Health Benefits” above.
(c) Dental Benefits: The premium cost of the Dental benefit program is outlined under
“Health Benefits” above. For specifics regarding the City’s Dental Plan, refer to the Benefit Summary
Plan Document.
25
(e) Vision Benefits: The premium cost of the Vision benefit program is outlined under
“Health Benefits” above. For specifics regarding the City’s Vision Plan, refer to the Benefit Summary Plan
Document.
(f) Short-Term Disability: The City will administer employee-paid State Disability
Insurance for all employees, including Part-Time and Temporary employees.
(g) Effective January 1, 2016, prescription co-pay and alternative therapy (massage)
reimbursement benefits will no longer be offered.
All active employees hired prior to May 6, 2008, who retire from the City and are eligible for CalPERS
benefits upon separation of service shall be eligible for the City to pay a 50% proportionate share of costs
of the insurance premium should the active employee transitioning to retirement elect to participate in the
group health, dental and vision plan also made available to active employees. To initially qualify for the
benefit, the employee must go directly from active status to retiree status with CalPERS. To maintain a
qualified status, and to continue to receive the benefit, the retired employee must continue the group
medical insurance during retirement without a break in coverage. Payments by the City will be
discontinued upon termination of group medical insurance coverage by the City retiree or loss of qualified
status by the retiree. Following the death a retiree, the surviving spouse, if any, may continue the
insurance and the City will continue the benefit on the same terms and conditions for the life of the
surviving spouse. The City will not contribute payments on behalf of any retiree hired prior to May 6,
2008, except as set forth above. (Employees who retired prior to May 1, 2001, are eligible for health
coverage only.)
All active employees hired on or after May 6, 2008, who retire from the City and have five (5) or more
years of City service (and are eligible for CalPERS benefits upon separation of service) shall be eligible
for the City to pay a proportionate share of the cost of the insurance premiums in accordance with the
following formula: two percent (2%) for every year of active service with the City of Redding up to a
maximum of fifty percent (50%) should the employee transitioning to retirement elect to participate in the
group health, dental and vision plan also made available to active employees. To initially qualify for the
benefit, the employee must go directly from active status to retiree status with CalPERS. To maintain a
qualified status, and to continue to receive the benefit, the retired employee must continue the group
medical insurance during retirement without a break in coverage and the retired employee and their
covered spouses who reach Medicare A/B eligibility age must enroll in Medicare. Payments by the City
will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of
qualified status by the retiree. Following the death a retiree, the surviving spouse, if any, may continue the
insurance and the City will continue the benefit on the same terms and conditions for the life of the
26
(c) Retiring employees who were hired or who worked under a different Memorandum of
Understanding (MOU) or City Resolution (a different bargaining group) shall receive the greatest retiree
premium co-share formula in effect and for which that employee qualified for during his or her term of
employment.
(d) Beginning Calendar Year 2016, the City will offer two health plans, a “Base Plan” and an
optional “Buy Up Plan”. All retired employees participating in the group health plan will be enrolled in the
“Base Plan” and will have the option on a voluntary basis to enroll in the “Buy Up Plan” initially, and during
the open enrollment period for each subsequent calendar year. Changes will be effective at the beginning of
the following calendar year. The City shall pay a proportionate share of the cost of the “Base Plan”
insurance premiums as outlined above in Sections 24.3(a) and 24.3(b). Participating retired employees
electing to enroll in the “Buy Up Plan” will be responsible for premiums beyond the City’s contribution of
the “Base Plan” composite rate. The City’s proportionate share for payments referenced above in 24.3(a)
and 24.3(b) shall apply only to the premium for the “Base Plan.”
24.4 The parties agree that the foregoing benefits will remain in full force and effect during the
term of this agreement unless modified by mutual agreement.
24.5 The City and the Organization agree to meet and discuss during the term of this agreement
the recommendations of the Health Insurance Task Force.
24.6 The City and the Organization agree to reopen negotiations if any changes to the Affordable
Care Act affect matters within the scope of representation.
25.1 A Regular or Job-Share employee who is summoned for jury duty and is thus unable to
perform the employee=s regular duties will be paid for the time lost at the employee=s regular rate of pay.
Part-time employees will be allowed to make-up absences due to jury duty service as outlined in Sections
10.3 and 10.6.
25.2 The employee must be in a paid status on both scheduled workdays immediately adjacent to
jury duty in order to receive pay for jury duty.
26.1 Any employee, at the employee=s request, shall be permitted to review the employee=s
own personnel file. The file may not, however, be removed from the Personnel Department. With the
exception of examination materials, an employee may have copies of documents contained in the
employee=s personnel file.
26.2 An employee may authorize a representative to review the employee=s personnel file.
27
26.4 The City will provide an employee with a copy of any negative or derogatory document
prior to it being placed in the employee=s personnel file. The employee may attach a written rebuttal to
the negative or derogatory document.
26.5 Upon an employee=s request with Department Director approval, the City Manager may
seal and or remove any disciplinary element of an employee=s personnel file.
27.1 Eligible City of Redding employees who complete authorized courses taken for credit with
a passing grade may, upon application, be reimbursed for the tuition and cost of required textbooks and
required materials, including but not limited to computer software, calculators, videos, but not to include
incidentals such as paper, pens and pencils.
27.2 Employees must obtain prior approval from their Department Director and the Personnel
Director. Reimbursement shall be limited to two hundred dollars ($200) per course (semester/quarter).
28.1 Whenever any employee is subpoenaed to testify in court as a result of the employee=s
employment and is therefore unable to perform the employee=s regular duties, the employee shall be paid
for all regular time lost.
28.2 The City and the Organization recognize the need for, and efficacy of, the City=s Volunteer
Program. The scope and intent of the Volunteer Program is described in Council Policy 209. The City
and the Organization agree that volunteers will not be used to displace current employees, reduce the
current Memorandum of Understanding, or cause cancellation of existing or future Memoranda of
Understanding. The City and the Organization agree to meet at least once during the term of this
Memorandum of Understanding to discuss guidelines regarding the use of volunteers.
28.3 The City will pay the cost of fees to maintain professional licenses required by the City to
meet the minimum qualifications for the position.
28.4 Classification specifications delineate the major job duties assigned to each classification.
The classification specification is not meant to be an all-encompassing list of the duties employees may be
assigned to perform. The wording, “other duties as assigned” is amended to read: “Other duties as
assigned within the scope of the job classification.”
28
29.1 If any provisions of this Memorandum of Understanding are held to be contrary to law by a
court of competent jurisdiction, or held to be outside the scope of negotiations, such provisions will not be
deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in
full force and effect. Whenever any provision of this Memorandum of Understanding is affected as set
forth above, either Party may, by giving written notice to the other within thirty (30) days of the court’s
action, open negotiations on the subject of the affected provisions.
30.1 It is understood and agreed that the specific provisions contained in this Memorandum of
Understanding shall prevail over City practices and procedures to the extent of a conflict, and that in the
absence of specific provisions in this Memorandum of Understanding, such practices and procedures are
discretionary.
31.1 The City retains the right to amend, modify or rescind policies, regulations, and practices
referred to in this Memorandum of Understanding in cases of emergency. For the purpose of this Article,
an Aemergency@ is defined as an act of God, war, natural or manmade disaster, which interferes with the
normal operations of the City.
32.1 Except as specifically provided in Article 33, Term, during the term of this Memorandum
of Understanding, the Organization expressly waives and relinquishes the right to meet and confer on
wages, hours of employment, and terms and conditions of employment, and agrees that the City shall not
be obligated to meet and confer with respect to any subject or matter whether referred to or covered in this
Memorandum of Understanding or not, even though such subject or matters may not have been within the
knowledge or contemplation of either or both the City or the Organization at the time they met and
conferred on and executed this Memorandum of Understanding, and even though such subjects or matters
were proposed and later withdrawn. Both Parties acknowledge that such waiver and relinquishment as set
forth above carries with it the commensurate prohibition for either Party to effect a unilateral change in an
employment condition falling within the scope of negotiations under Government Code Section 3500 et.
seq.
33.1 This Memorandum of Understanding shall remain in full force and effect until the thirtieth
day of June, 2016, thirty first day of August, 2018 and thereafter from year to year unless written notice of
change. Parties agree to begin bargaining for a successor MOU no later than April 15, 2018. Specific
meeting dates and times will be set to sufficiently complete the bargaining process by August 31, 2018 or
termination shall be given by either party ninety (90) days prior to the expiration date above or the
29
33.2 Whenever notice is given for changes, the general nature of the changes desired must be
specified in the notice, and until a satisfactory conclusion is reached in the matter of such changes, the
original provision shall remain in full force and effect.
30
Attachment: Information Technology Database Administrator (available online) (9.15(a)--Amendment to MOU for RIEO CTP
DEFINITION:
Under general direction, provide administration, planning, technical support for, and management
of SQL Database Management Systems (DBMS) and related systems; provide excellent customer
service; and perform related work as required.
DISTINGUISHING CHARACTERISTICS:
EXAMPLES OF DUTIES:
NOTE: The following are the duties performed by employees in this classification, however,
employees may perform other related duties. Not all duties listed are necessarily performed by
each individual in the classification.
2. Work with leads in other functional areas to troubleshoot system problems when SQL
databases are involved.
Measures: Maintain professional relationships with City of Redding staff as well as with
outside vendors. Works well and is able to collaborate and lead within a team. Effectively
articulates issues and can implement solutions.
3. Install, patch, upgrade and test custom and vendor SQL DBMS software and databases.
Measures: Custom and vendor SQL DBMS software and databases are well maintained.
Communicates and initiates needed support installs, upgrades and other various
implementations. All phases of work are well documented and accessible to IT
management.
Attachment: Information Technology Database Administrator (available online) (9.15(a)--Amendment to MOU for RIEO CTP
5. Develop and debug SQL queries and other database objects such as stored procedures.
Measures: Queries and other database objects are developed and tested to customer
satisfaction. Procedures are easily accessible, read clearly and can be followed by others.
6. Work with vendors and/or developers to tune existing queries and configuration to
improve performance or resolve performance issues.
Measures: Maintain current contact list of vendors and developers for individual
applications and databases. Develops and leads teams that identify ways to improve
performance and resolve issues.
7. Work closely with development team to assist with design and implementation of SQL
DBMS for complex business applications.
9. Participate in the evaluation of available database hardware and software; provide input
on hardware, software and other costs and facilitates adoption discussions.
Measures: Works with leads and other staff in the evaluation of available solutions, their
costs and implementation process.
10. Develop, implement and maintain database backup and recovery procedures to ensure
data integrity, security, and recoverability of data.
Measures: Creates and employs backup recovery procedures and maintains current
documentation of the process.
11. Prepare and implement business continuity and disaster recovery planning as it relates to
SQL databases.
Measures: Develop and document business continuity and disaster recovery procedures
related to SQL databases.
Attachment: Information Technology Database Administrator (available online) (9.15(a)--Amendment to MOU for RIEO CTP
Measures: Performance measuring and reporting systems are maintained.
13. Analyze performance data to determine need for modification or addition to system
configuration to meet current and future needs.
14. Conduct capacity planning to ensure that the database infrastructure is designed for
current needs and future expansion; represent database support at meetings.
Measures: Conducts sessions with management and others regarding capacity planning
for current and future needs.
15. Advise developers in database design and lead in the area of development and design
standards.
16. Develop and ensure standardization of SQL coding practices and adherence to coding
standards, change control, and SQL best practices.
Measures: Develops and sets standards of SQL coding practices and can ensure that
custom and outside vendor database environments meet them.
17. Coach and mentor development team members on best practices for database
technologies.
Measures: Is knowledgeable of current database technologies and best practices and takes
the lead role in educating and mentoring others.
19. Assist in the research and evaluation of support tools and methodologies.
Measures: Researches and tests industry support tools and methodologies. Identifies tools
and methods that could be of use to various business units. Communicates suggestions
and is able to articulate cost, benefits and implementation process.
Attachment: Information Technology Database Administrator (available online) (9.15(a)--Amendment to MOU for RIEO CTP
21. Assume temporary supervisorial duties as assigned when the IT Supervisor is unavailable
or scheduled away from the office.
Measures: Seeks out ways to stay abreast of current topics and new information regarding
the administration of databases. Participates in provided opportunities for furthering
education.
23. Perform other duties as assigned within the scope of the job classification.
QUALIFICATIONS:
Knowledge of:
Ability to:
Perform database problem resolution and cause analysis as well as recommend and implement
preventative techniques; design, develop and maintain database and data transformation packages;
create and update technical documentation; understand, translate and coordinate requirements into
efficient usage of software and hardware products; demonstrate good time management skills by
organizing work and desk space, managing priorities, meeting critical deadlines, and follow-up on
assignments with minimal of direction; adhere to and suggest improvements for standards in place
for Database Management Systems; plan and implement changes to database systems;
independently problem-solve; assess causes of database failures and initiate corrective action;
establish and maintain effective working relationships with department staff, other City
departments, other agencies, and the public; communicate clearly and concisely, both orally and in
writing; handle multiple tasks with shifting priorities.
Education:
Typical education would include the equivalent of a Bachelor’s degree in Computer Science or a
related field of study, and at least three years of database experience. Any combination of relevant
Attachment: Information Technology Database Administrator (available online) (9.15(a)--Amendment to MOU for RIEO CTP
Experience:
Any combination of training and experience that provides the required knowledge, skills, and
abilities is qualifying; typical experience would include three (3) years of database experience.
One year of database application development desired.
Special Requirements:
Possession of the appropriate California driver's license, or the ability to acquire one within ten
days of appointment. Depending upon assignment, an incumbent may need to regularly have
access to and utilize a suitable personal vehicle in the course of business (mileage is reimbursed at
the IRS rate). Proof of adequate insurance for the vehicle may be required.
Requires some work to be performed after normal working hours and is subject to being on call to
solve system problems, provide back-up for staff, etc.
Proposed 1/2018
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
SAME (LATERAL) LOWER
CLASSIFICATION CLASSIFICATIONS CLASSIFICATIONS
Account Clerk I Clerk II
Clerk I
Cashier
Account Clerk II Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Accountant I Accounting Specialist
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Accountant II Accountant I
Accounting Specialist
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Accounting Specialist Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Administrative Assistant I Clerk III Clerk II
Clerk I
Administrative Assistant II Administrative Assistant I
Clerk III
Clerk II
Clerk I
Administrative Intern
Assistant City Clerk Secretary to the City Manager
Executive Assistant to the Assistant City
Manager
Executive Assistant II
Executive Assistant I
Administrative Assistant II
Administrative Assistant I
Clerk III
Clerk II
Clerk I
Assistant Engineer Engineering Technician III
Electric Utility Distribution Technician II
Engineering Technician II
Electric Utility Distribution Technician I
Engineering Technician I
Engineering Aid
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CLASSIFICATION CLASSIFICATIONS CLASSIFICATIONS
Assistant Planner Assistant Redevelop/Community
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
Project Coordinator
Assistant Redevelop/Community Project Assistant Planner
Coordinator
Associate Civil Engineer Assistant Engineer
Engineering Technician III
Electric Utility Distribution Technician II
Engineering Technician II
Electric Utility Distribution Technician I
Engineering Technician I
Engineering Aid
Associate Environmental Specialist
Associate Planner Associate Redevelop/Community Assistant Redevelop/Community Project
Project Coordinator Coordinator
Transportation Planner Assistant Planner
Associate Redevelop/Community Project Associate Planner Assistant Redevelop/Community Project
Coordinator Transportation Planner Coordinator
Assistant Planner
Box Office Supervisor Executive Assistant II
Executive Assistant I
Administrative Assistant II
Administrative Assistant I
Clerk III
Clerk II
Clerk I
Cashier
Building Inspector
Business License Specialist Accounting Specialist
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Buyer Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Clerk I
Clerk II Clerk I
Clerk III Clerk II
Clerk I
Code Enforcement Supervisor Plans Examiner
Senior Building Inspector
Building Inspector
Computer Support Specialist I
Computer Support Specialist II Computer Support Specialist I
Computer Support Specialist III Computer Support Specialist II
Computer Support Specialist I
Computer/Network Technician I Computer Support Specialist I
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CLASSIFICATION CLASSIFICATIONS CLASSIFICATIONS
Computer/Network Technician II Computer/Network Technician I
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
Computer Support Specialist I
Computer/Network Technician III Computer/Network Technician II
Computer/Network Technician I
Computer Support Specialist III
Computer Support Specialist II
Computer Support Specialist I
Contract Compliance Technician Administrative Assistant II
Account Clerk II
Administrative Assistant I
Clerk III
Account Clerk I
Clerk II
Clerk I
Convention Sales Representative Tourism Development Representative
Coordinator of Volunteers
Crime Analysis Technician
Crime Analyst Crime Statistician
Crime Scene Technician
Crime Statistician Crime Analysis Technician
Customer Service Representative Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Customer Service Supervisor Workflow Coordinator
Customer Service Representative
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Data Entry Operator
Deputy City Treasurer Management Analyst II
Management Analyst I
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Development Services Technician I Clerk III
Clerk II
Clerk I
Development Services Technician II Development Services Technician I
Clerk III
Clerk II
Clerk I
Development Services Technician III Development Services Technician II
Development Services Technician I
Clerk III
Clerk II
Clerk I
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CLASSIFICATION CLASSIFICATIONS CLASSIFICATIONS
Electric Utility Distribution Technician I Engineering Technician I
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
Engineering Aid
Junior Engineering Aid
Electric Utility Distribution Technician II Engineering Technician II
Electric Utility Distribution Technician I
Engineering Technician I
Engineering Aid
Junior Engineering Aid
Electric Utility Distribution Technician Electric Utility Senior Information Analyst
Supervisor Engineering Technician III
Electric Utility Distribution Technician II
Engineering Technician II
Electric Utility Distribution Technician I
Engineering Technician I
Engineering Aid
Electric Utility Senior Information Analyst Senior GIS Analyst
Engineering Technician III
Electric Utility Distribution Technician II
GIS Analyst II
Engineering Technician II
Electric Utility Distribution Technician I
GIS Analyst I
Engineering Technician I
Engineering Aid
Junior Engineering Aid
Energy Conservation Specialist Energy Services Rebate Specialist
Energy Services Rebate Specialist Clerk III
Clerk II
Clerk I
Engineering Aid Junior Engineering Aid
Engineering Technician I Engineering Aid
Engineering Technician II Engineering Technician I
Engineering Aid
Junior Engineering Aid
Engineering Technician III Engineering Technician II
Engineering Technician I
Engineering Aid
Junior Engineering Aid
Executive Assistant I Administrative Assistant II
Administrative Assistant I
Clerk III
Clerk II
Clerk I
Executive Assistant II Executive Assistant I
Administrative Assistant II
Administrative Assistant I
Clerk III
Clerk II
Clerk I
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Executive Assistant to Assistant City Manager Executive Assistant II
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
Executive Assistant I
Administrative Assistant II
Administrative Assistant I
Clerk III
Clerk II
Clerk I
Facility Supervisor
Fire Prevention Specialist
Fleet Shop Supervisor
GIS Analyst I
GIS Analyst II GIS Analyst I
Graphic Designer
Housing Program Supervisor Housing Specialist II
Housing Specialist I
Housing Technician
Clerk III
Clerk II
Clerk I
Housing Specialist I Housing Technician
Clerk III
Clerk II
Clerk I
Housing Specialist II Housing Specialist I
Housing Technician
Clerk III
Clerk II
Clerk I
Housing Technician Clerk III
Clerk II
Clerk I
Industrial Waste Analyst
Information Technology Supervisor Systems Administrator
Network Administrator
Systems Analyst/Programmer III
Systems Analyst/Programmer II
Computer Network Technician III
Systems Analyst/Programmer I
Computer Support Specialist III
Computer Support Specialist II
Computer Network Technician II
Computer Network Technician I
Computer Support Specialist I
Inspection Services Supervisor Plan Check Engineer
Plans Examiner
Senior Building Inspector
Building Inspector
Janitor
Junior Engineering Aid
Landscape Planning Specialist
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CLASSIFICATION CLASSIFICATIONS CLASSIFICATIONS
Legal Assistant Executive Assistant II
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
Legal Secretary
Executive Assistant I
Administrative Assistant II
Administrative Assistant I
Clerk III
Clerk II
Clerk I
Legal Secretary Executive Assistant II
Executive Assistant I
Administrative Assistant II
Administrative Assistant I
Clerk III
Clerk II
Clerk I
Mail Courier
Management Analyst I Accountant I Accounting Specialist
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Management Analyst II Accountant II Management Analyst I
Accountant I
Accounting Specialist
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Network Administrator Systems Administrator Computer/Network Technician III
Computer Support Specialist III
Computer Support Specialist II
Computer/Network Technician II
Computer/Network Technician I
Computer Support Specialist I
NPDES Coordinator
Office Services Supervisor Executive Assistant II
Executive Assistant I
Administrative Assistant II
Administrative Assistant I
Clerk III
Clerk II
Clerk I
P/W Supervisor Wastewater – Grade IV Working Supervisor - Wastewater
Senior Wastewater Plant Operator
Wastewater Plant Operator
P/W Supervisor Wastewater – Grade V Public Works Supervisor Wastewater – Grade
IV
Working Supervisor – Wastewater
Senior Wastewater Plant Operator
Wastewater Plant Operator
Parking Violation Officer
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CLASSIFICATION CLASSIFICATIONS CLASSIFICATIONS
Payroll and Benefits Technician Account Clerk II
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Permit Center Supervisor Senior Plan Checker
Plans Examiner
Senior Building Inspector
Building Inspector
Personnel Analyst I Personnel Technician
Payroll & Benefits Technician
Clerk III
Clerk II
Clerk I
Personnel Analyst II Personnel Analyst I
Personnel Technician
Payroll & Benefits Technician
Clerk III
Clerk II
Clerk I
Personnel Technician Payroll & Benefits Technician
Clerk III
Clerk II
Clerk I
Plan Check Engineer Senior Plan Checker
Plans Examiner
Senior Building Inspector
Building Inspector
Plans Examiner Senior Building Inspector
Building Inspector
Police Records Technician Clerk III
Clerk II
Clerk I
Police Services Supervisor Police Records Technician
Clerk III
Clerk II
Clerk I
Project Coordinator Associate Civil Engineer
Assistant Engineer
Engineering Technician III
Engineering Technician II
Engineering Technician I
Engineering Aid
Junior Engineering Aid
Public Works Inspector Engineering Technician III
Engineering Technician II
Engineering Technician I
Engineering Aid
Junior Engineering Aid
Public Works Supervisor
Public Works Supervisor – Water (Treatment) Working Supervisor – Water
Senior Water Plant Operator
Water Plant Operator
Public Works Supervisor – Water
(Distribution) Water Systems Specialist D3/D4
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CLASSIFICATION CLASSIFICATIONS CLASSIFICATIONS
Records Specialist Clerk III
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
Clerk II
Clerk I
Recreation Supervisor I
Recreation Supervisor II Recreation Supervisor I
Reprographics Technician I Mail Courier
Reprographics Technician II Reprographics Technician I
Mail Courier
Reprographics Technician III Reprographics Technician II
Reprographics Technician I
Mail Courier
Safety Specialist
Senior Accountant Accountant II
Accountant I
Accounting Specialist
Account Clerk III
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Senior Building Inspector Building Inspector
Senior Buyer Buyer
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Senior Fire Protection Plans Examiner Plans Examiner
Senior Building Inspector
Building Inspector
Senior GIS Analyst GIS Analyst II
GIS Analyst I
Senior Housing Specialist Housing Specialist II
Housing Specialist I
Housing Technician
Clerk III
Clerk II
Clerk I
Senior Plan Checker Plans Examiner
Senior Building Inspector
Building Inspector
Senior Planner Senior Redevelop/Community Project Transportation Planner
Coordinator Associate Planner
Associate Redevelop/Community Project
Coordinator
Assistant Planner
Assistant Redevelop/Community Project
Senior Redevelop/Community Project Senior Planner Associate Redevelop/Community
Coordinator Project
Coordinator Coordinator
Transportation Planner
Associate Planner
Assistant Redevelop/Community Project
Coordinator
Assistant Planner
Page 8 of 10
Packet Pg. 468
SAME (LATERAL) LOWER
CLASSIFICATION CLASSIFICATIONS CLASSIFICATIONS
Senior Wastewater Plant Operator – Grade III Wastewater Plant Operator
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
Senior Wastewater Plant Operator – Grade V Wastewater Plant Operator
Senior Water Plant Operator – Grade IV Water Plant Operator
Senior Water Plant Operator – Grade V Water Plant Operator
Stage Technician
Student Aid
Survey Party Chief Engineering Technician III
Public Works Inspector
Engineering Technician II
Engineering Technician I
Engineering Aid
Junior Engineering Aid
Systems Administrator Network Administrator Computer/Network Technician III
Computer Support Specialist III
Computer Support Specialist II
Computer/Network Technician II
Computer/Network Technician I
Computer Support Specialist I
Systems Analyst/Programmer I Computer Support Specialist III
Computer Support Specialist II
Computer Support Specialist I
Systems Analyst/Programmer II Systems Analyst/Programmer I
Computer Support Specialist III
Computer Support Specialist II
Computer Support Specialist I
Systems Analyst/Programmer III Systems Analyst/Programmer II
Systems Analyst/Programmer I
Computer Support Specialist III
Computer Support Specialist II
Computer Support Specialist I
Technical Director Stage Technician
Technical Intern
Technical Services Supervisor Customer Service Supervisor
Workflow Coordinator
Customer Service Representative
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Telecommunications Manager Telecommunication Technician II
Telecommunication Technician I
Telecommunications Technician I
Telecommunications Technician II Telecommunications Technician I
Tourism Development Representative Convention Sales Representative
Traffic Engineer/Planner
Transportation Planner Associate Planner Assistant Planner
Associate Redevelop/Community Assistant Redevelop/Community Project
Project Coordinator Coordinator
Page 9 of 10
Packet Pg. 469
SAME (LATERAL) LOWER
CLASSIFICATION CLASSIFICATIONS CLASSIFICATIONS
Utility Field Services Supervisor Customer Service Supervisor
Attachment: Exhibit C - Lines of Progression (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
Workflow Coordinator
Customer Service Representative
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Utility Specialist I
Utility Specialist II Utility Specialist I
Utility Support Technician Clerk III
Clerk II
Clerk I
Wastewater Compliance Coordinator
Wastewater Laboratory Technician
Wastewater Plant Operator – Grade II
Wastewater Plant Operator – Grade III
Wastewater Plant Operator – Grade IV
Wastewater Plant Operator-in-Training
Water Conservation Specialist Management Analyst II
Management Analyst I
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Water Plant Operator – Grade III
Water Plant Operator – Grade IV
Water Plant Operator – Grade V
Water Plant Operator-in-Training
Water Systems Specialist (D3/D4)
Workflow Coordinator Customer Service Representative
Account Clerk II
Clerk III
Account Clerk I
Clerk II
Clerk I
Cashier
Working Supervisor – Wastewater Plant – Senior Wastewater Plant Operator
Grade III Wastewater Plant Operator
Working Supervisor – Wastewater Plant – Senior Wastewater Plant Operator
Grade IV Wastewater Plant Operator
Working Supervisor – Wastewater Plant – Senior Wastewater Plant Operator
Grade V Wastewater Plant Operator
Working Supervisor – Water Plant – Grade Senior Water Plant Operator
IV/V (D-3) Water Plant Operator
Working Supervisor – Water Plant – Grade V Senior Water Plant Operator
(D-4) Water Plant Operator
02/26/2018 5:26 PM02/20/2018 9:27 AM01/17/2018 11:02 AM DT
Page 10 of 10
Packet Pg. 470
EXHIBIT "G"
RIEO CLASSIFICATIONS IN DMV PULL NOTICE PROGRAM
CLASSIFICATION CLASSIFICATION
Attachment: Exhibit G - Classifications Incl in DMV Pull Notice (available online) (9.15(a)--Amendment to MOU for RIEO CTP
Assistant Engineer Public Works Supervisor
Assistant Planner Public Works Supervisor - Water
Assistant/Redevelopment Community Project Coordinator Recreation Supervisor I
Associate Civil Engineer Recreation Supervisor II
Associate Environmental Specialist Reprographics Technician I
Associate Planner Reprographics Technician II
Associate/Redevelopment Community Project Coordinator Reprographics Technician III
Building Inspector Senior Building Inspector
City Surveyor Senior Fire Protection Plans Examiner
Code Enforcement Supervisor Senior Housing Specialist
Computer/Network Technician I Senior Plan Checker
Computer/Network Technician II Senior Planner
Computer/Network Technician III Senior/Redevelopment Community Project Coordinator
Convention Sales Representative Senior Wastewater Laboratory Technician
Coordinator of Volunteers Senior Wastewater Plant Operator - Grade IV
Database Administrator Senior Wastewater Plant Operator - Grade V
Development Services Technician I Senior Wastewater Plant Operator- Grade II
Development Services Technician II Senior Water Plant Operator - T-4 (D-3)
Development Services Technician III Senior Water Plant Operator- T-5 (D-4)
Electric Utility Distribution Technician I Stage Technician
Electric Utility Distribution Technician II Survey Party Chief
Electric Utility Distribution Technician Supervisor Systems Administrator
Engineering Aid Telecommunications Technician I
Engineering Technician I Telecommunications Technician II
Engineering Technician II Traffic Engineer/Planner
Engineering Technician III Utility Field Services Supervisor
Facility Supervisor Utility Specialist I
Fire Prevention Specialist Utility Specialist II
Fleet Shop Supervisor Wastewater Compliance Coordinator
Housing Specialist I Wastewater Laboratory Technician
Housing Specialist II Wastewater Plant Operator - Grade II
Housing Technician Wastewater Plant Operator - Grade III
Inspection Services Supervisor Wastewater Plant Operator - Grade IV
Janitor Wastewater Plant Operator - Grade V
Junior Engineering Aid Wastewater Plant Operator-in-Training
Landscape Planning Specialist Water Conservation Specialist
Mail Courier Water Plant Operator - T-4 (D-3)
Network Administrator Water Plant Operator - T-5 (D-4)
NPDES Coordinator Water Plant Operator- T-3 (D-2)
P/W Supervisor Wastewater - Grade V Water Plant Operator-in-Training
P/W Supervisor Wastewater- Grade IV Water Systems Specialist (D3/D4)
Personnel Analyst I Working Supervisor - Wastewater Plant - Grade III
Personnel Analyst II Working Supervisor - Wastewater Plant - Grade IV
Plan Check Engineer Working Supervisor - Wastewater Plant - Grade V
Project Coordinator Working Supervisor- Water Plant Grade T-4/T-5 (D-3/D-4)
Public Works Inspector Working Supervisor- Water Plant- Grade T-5 (D-4)
Note: Employees in a listed classification prior to December 22, 2008 are exempt from signing an Authorization for Release of
Driver Record Information for as long as they hold that same classification.
Rev. 2/16/18
The City of Redding is required to establish procedures for handling accidental releases of hazardous
materials from City water and wastewater facilities. The current primary hazardous chemicals of
concern include chlorine and sulphur dioxide gases which are utilized at City water and wastewater
treatment facilities or other hazardous materials commonly used in water and wastewater facilities in
the United States, as well as other chemicals at the treatment facilities now and in the future which do
not exceed "potential hazards" as listed in the North American Emergency Response Guidebook,
2000 edition, "Guide Section #124," page 212. A Hazardous Materials Response (HAZMAT) Team
has been established to perform work to handle and control leaks or spills requiring close approach to a
substance. The team will respond to releases or potential releases of hazardous substances for the
purposes of control and stabilization of an incident. The team shall consist of a minimum of five (5)
members as follows: one (1) incident commander, two (2) entry personnel, and two (2)
decontamination/rescue personnel. Incident Command functions shall normally be conducted by
Redding Municipal Utility Managers or RIEO Supervisory/Confidential Unit employees. Entry and
decontamination functions shall normally be conducted by water and wastewater treatment plant staff.
If a sufficient number of Redding Municipal Utility Managers or RIEO-affiliated team members are
not on site, any team member may be assigned to any role on the team for which they are qualified. In
addition, the City may cross-train employees on all functions of the team, regardless of Union or non-
Union affiliation.
In addition to training for and response to hazardous materials releases at wastewater and water
treatment facilities, as noted above, team members will train for and respond to hazardous chemical
releases outside of Redding Municipal Utilities water and wastewater treatment facilities and within
the Redding Fire Jurisdiction requiring the performance of decontamination duties and tasks only, as
distinguished from entry and rescue duties and tasks.
Members of the team must be proven qualified and capable of performing during response conditions.
Such conditions may cause high levels of exposure to toxic substances which pose danger to
employees and require immediate attention. For those incidents where the substance can be absorbed,
neutralized, or otherwise controlled at the time of release by any employee in the immediate release
area, or by maintenance personnel, such incidents shall not be considered an emergency response
within the scope of this program.
Participation on the team will be voluntary. All members of the team must be willing to actively
participate in all required elements of the program.
Training and testing will be paid by the City and conducted during City work hours.
The number of members on the team and the time frame in which additional members will be included
will be determined by the City. However, the ratio of RIEO represented team members to non-RIEO
represented team members will not be fewer than three to one, excluding Unrepresented Management
Employees, provided adequate numbers of RIEO team members are available.
A. Must be a full-time employee with no medical condition, or other conditions, which require(s)
any restriction of work duties required of team members. Employees will be removed from the
team if they are unavailable or expected to be unavailable for response when called or unfit for
duty for a period of at least sixty (60) days.
B. Must successfully pass a pulmonary function test, a respirator fit test and medical history
review, as determined by the City's physician. Testing will be paid by the City. If the
employee fails any of the said tests and one subsequent retest and chooses to challenge the
results, the costs of further testing will be borne by the City, with covered costs limited to one
City-approved pulmonary specialist and subsequent tests prescribed by that specialist. During
the period of such subsequent testing, but not longer than sixty (60) days, current City-certified
team members may participate in all team activities with the exception of those that require
donning a self-contained breathing apparatus (SCBA). If the results of such subsequent testing
reveal the affected employee cannot be cleared for SCBA and HAZMAT duties, the member
shall be removed from the team.
C. Must successfully pass a basic physical fitness test. Testing will consist of medically
qualifying with a blood pressure of 150/90 or less and completing the obstacle course at the
Stillwater Plant (patterned after the Butte College HAZMAT course) while suited up in a Level
"A" response suit. The course will include activities such as moving tools, walking up and
down obstacles, opening and closing valves, installing a chlorine repair kit, and simulated
victim rescue. The minimum time limit on respirator air will be twenty (20) minutes, and the
maximum time on air will be thirty (30) minutes, with a maximum use of 2,500 pounds of air
when the ambient air temperature at the staging location is 75 degrees Fahrenheit or lower.
Whenever the ambient air temperature is greater than 75 degrees, an additional 100 pounds of
air will be allowed for up to every two (2) degrees Fahrenheit increase in temperature above 75
degrees, so that 76 to 77 degrees would allow 2,600 pounds, 78 to 79 degrees would allow
2,700 pounds, etc. Temperature readings will be rounded to the nearest full degree.
E. Upon completion of items A through D, above, must participate as a HAZMAT team member
during at least one (1) City combined water and wastewater emergency response training
exercise.
F. Employee must commit to maintaining physical conditioning as needed to qualify for the team.
To the extent practicable, team members will receive approval from their supervisor to modify
work schedules in order to assist employees in maintaining their physical condition.
G. Employee must commit to serving on the team for twelve (12) consecutive months, including
active participation in training, planning, and maintenance activities related to the team.
Employee must respond to incidents when called and fit for duty.
B. Annually, participate as a HAZMAT Team member during at least two (2) different City
combined water and wastewater emergency response training exercises, which will be
scheduled quarterly, or whenever possible. Medically qualify and properly utilize a SCBA and
a Level "A" training suit during at least two of these exercises or during additional obstacle
courses as approved by the Water or Wastewater Utility Manager.
C. Annually, participate in at least six (6) of the monthly equipment checks, procedure reviews, or
tailgate safety discussions on hazardous material issues of concern with supervisory staff at the
employee's primary work site.
RE-QUALIFICATION: Before being reinstated to the HAZMAT Team, the employee must satisfy
the deficiency(ies); provide a medical release for full work duties as approved by the City physician;
complete Minimum Standards item "C," above; and meet any requirements defined in this agreement
that have lapsed since the last training cycle.
ELIGIBILITY: RIEO team participants will be selected from the following classifications: Full-time Formatted: Space After: 0 pt, Adjust space
between Latin and Asian text, Adjust space
Water Treatment Plant or Wastewater Treatment Plant Operator, Senior Operator, Working between Asian text and numbers, Tab stops:
Supervisor, Public Works Supervisor regularly assigned to the water or wastewater treatment plants, 0", Left + 0.5", Left + 1", Left + 1.5", Left +
Industrial Waste Analyst, Laboratory Technician, and Public Works Supervisor (Wastewater 2", Left + 2.5", Left + 3", Left + 3.5", Left +
4", Left + 4.5", Left + 5", Left + 5.5", Left +
Collection), with preference given according to an employee's individual qualifications and, second, to 6", Left + 6.5", Left
an individual's City seniority. Effective June 27, 2017 HAZMAT team participants will be selected
from the following classifications:
In order to balance and maximize the HAZMAT team’s familiarity with each treatment facility where
chlorine or sulfur dioxide are stored, the filling of future treatment plant related vacancies will be done
with the objective of achieving the following distribution of ten (10) treatment related positions:
Water Treatment – (1) Public Works Supervisor and (3) eligible
treatment positions from Water Treatment.
Stillwater Treatment – (1) Public Works Supervisor and (2) eligible
positions from SWTP.
Clear Creek Treatment – (1) Public Works Supervisor and (2) eligible
positions from CCWTP.
The City is willing to meet with RIEO and discuss changes to the RIEO HAZMAT team, as the need
arises, if the team is to be reduced, expanded, or there is a delay in filling vacancies. All current team
members as of June 27, 2017, will be grandfathered to the team. Once the current Industrial Waste
Analyst departs from the team, the City will endeavor to backfill the vacancy with an eligible position
from one of the three plants.
It is the City’s intent to balance staffing between the Wastewater and Water Treatment plants, using
the maximum number of team members identified at each plant. When vacancies occur, the plant with
the least number of team members will be offered the position first. The position will be offered to the
most senior person. Should there be two plants with an equal number of team members, but less than
the identified number for the plant, the position will be offered to the individual in the qualified
position, who has the most seniority. If the most senior candidate is not qualified or does not accept
the position the City will strive to fill the position through the lines of progression within the same
impacted plant.
The City retains its discretion whether or not vacancies are filled. However, the ratio of RIEO Formatted: Font: 12 pt
represented team members to non-RIEO represented team members will not be fewer than three to one,
excluding Unrepresented Management employees, provided adequate numbers of RIEO team members
are available.
If the City decides to fill a vacancy, the City will endeavor to fill the vacant position within 90 days. If
it cannot be filled within the 90 days, the City will discuss the matter with RIEO. When a member
takes a position outside of the defined eligible staff, that member shall forfeit the position on the team.
City will endeavor to maintain a position on the team for either the Public Works Supervisor
Distribution or Public Works Supervisor Collections but not for both. Once the current Industrial
Waste Analyst departs from the team, the City will endeavor to backfill the vacancy with an eligible
position from one of the three plants.
When a vacancy is created by the resignation, retirement, withdrawal, or removal of any team member
holding such classification, an employee holding the same classification will be offered the open team
position if the City decides to fill the position. If the employee to whom such position is offered does
not accept, the open position will be offered to an employee holding any of the other listed
classifications. Newly qualified employees who meet the Minimum Standards will not cause the
removal of existing qualified employees who continue to meet the Minimum Standards for the length
of any existing qualified employee's one-year commitment.
The City may reduce or increase the number of compensated positions on the HAZMAT response
team if it deems such a measure necessary. In such circumstances, the eligibility provisions will
govern who is certified and remains on the team. Where there are no team openings, at the supervisor's
discretion, individual employees who request team membership and certification and who meet all
eligibility criteria may volunteer to participate in selected training activities. These activities include:
Minimum Standards Items B, C, and D (but do not include participation on HAZMAT-related
committees). Volunteers will not receive HAZMAT compensation to maintain their qualifications for
future openings.
The City of Redding is required to establish procedures for handling accidental releases of
hazardous materials from City water and wastewater facilities. The current primary hazardous
chemicals of concern include chlorine and sulphur dioxide gases which are utilized at City water
and wastewater treatment facilities or other hazardous materials commonly used in water and
wastewater facilities in the United States, as well as other chemicals at the treatment facilities now
and in the future which do not exceed "potential hazards" as listed in the North American
Emergency Response Guidebook, 2000 edition, "Guide Section #124," page 212. A Hazardous
Materials Response (HAZMAT) Team has been established to perform work to handle and control
leaks or spills requiring close approach to a substance. The team will respond to releases or
potential releases of hazardous substances for the purposes of control and stabilization of an
incident. The team shall consist of a minimum of five (5) members as follows: one (1) incident
commander, two (2) entry personnel, and two (2) decontamination/rescue personnel. Incident
Command functions shall normally be conducted by Redding Municipal Utility Managers or RIEO
Supervisory/Confidential Unit employees. Entry and decontamination functions shall normally be
conducted by water and wastewater treatment plant staff. If a sufficient number of Redding
Municipal Utility Managers or RIEO-affiliated team members are not on site, any team member
may be assigned to any role on the team for which they are qualified. In addition, the City may
cross-train employees on all functions of the team, regardless of Union or non-Union affiliation.
In addition to training for and response to hazardous materials releases at wastewater and water
treatment facilities, as noted above, team members will train for and respond to hazardous chemical
releases outside of Redding Municipal Utilities water and wastewater treatment facilities and within
the Redding Fire Jurisdiction requiring the performance of decontamination duties and tasks only,
as distinguished from entry and rescue duties and tasks.
Members of the team must be proven qualified and capable of performing during response
conditions. Such conditions may cause high levels of exposure to toxic substances which pose
danger to employees and require immediate attention. For those incidents where the substance can
be absorbed, neutralized, or otherwise controlled at the time of release by any employee in the
immediate release area, or by maintenance personnel, such incidents shall not be considered an
emergency response within the scope of this program.
Participation on the team will be voluntary. All members of the team must be willing to actively
participate in all required elements of the program.
Training and testing will be paid by the City and conducted during City work hours.
The number of members on the team and the time frame in which additional members will be
included will be determined by the City. However, the ratio of RIEO represented team members to
non-RIEO represented team members will not be fewer than three to one, excluding Unrepresented
Management Employees, provided adequate numbers of RIEO team members are available.
B. Must successfully pass a pulmonary function test, a respirator fit test and medical history
review, as determined by the City's physician. Testing will be paid by the City. If the
employee fails any of the said tests and one subsequent retest and chooses to challenge the
results, the costs of further testing will be borne by the City, with covered costs limited to
one City-approved pulmonary specialist and subsequent tests prescribed by that specialist.
During the period of such subsequent testing, but not longer than sixty (60) days, current
City-certified team members may participate in all team activities with the exception of
those that require donning a self-contained breathing apparatus (SCBA). If the results of
such subsequent testing reveal the affected employee cannot be cleared for SCBA and
HAZMAT duties, the member shall be removed from the team.
C. Must successfully pass a basic physical fitness test. Testing will consist of medically
qualifying with a blood pressure of 150/90 or less and completing the obstacle course at the
Stillwater Plant (patterned after the Butte College HAZMAT course) while suited up in a
Level "A" response suit. The course will include activities such as moving tools, walking
up and down obstacles, opening and closing valves, installing a chlorine repair kit, and
simulated victim rescue. The minimum time limit on respirator air will be twenty (20)
minutes, and the maximum time on air will be thirty (30) minutes, with a maximum use of
2,500 pounds of air when the ambient air temperature at the staging location is 75 degrees
Fahrenheit or lower. Whenever the ambient air temperature is greater than 75 degrees, an
additional 100 pounds of air will be allowed for up to every two (2) degrees Fahrenheit
increase in temperature above 75 degrees, so that 76 to 77 degrees would allow 2,600
pounds, 78 to 79 degrees would allow 2,700 pounds, etc. Temperature readings will be
rounded to the nearest full degree.
F. Employee must commit to maintaining physical conditioning as needed to qualify for the
team. To the extent practicable, team members will receive approval from their supervisor
to modify work schedules in order to assist employees in maintaining their physical
condition.
H. Employee must commit to maintaining facial hair such that it does not come between the
sealing surface of the face-piece and the face or such that it does not interfere with valve
function.
I. Pursuant to California Code Regulations Title 8, General Industrial Safety Orders Section
5192, the City will certify employees who have completed required training and who are
eligible to participate on the HAZMAT Team.
B. Annually, participate as a HAZMAT Team member during at least two (2) different City
combined water and wastewater emergency response training exercises, which will be
scheduled quarterly, or whenever possible. Medically qualify and properly utilize a SCBA
and a Level "A" training suit during at least two of these exercises or during additional
obstacle courses as approved by the Water or Wastewater Utility Manager.
C. Annually, participate in at least six (6) of the monthly equipment checks, procedure reviews,
or tailgate safety discussions on hazardous material issues of concern with supervisory staff
at the employee's primary work site.
RE-QUALIFICATION: Before being reinstated to the HAZMAT Team, the employee must
satisfy the deficiency (ies); provide a medical release for full work duties as approved by the City
physician; complete Minimum Standards item "C," above; and meet any requirements defined in
this agreement that have lapsed since the last training cycle.
ELIGIBILITY: RIEO team participants will be selected from the following classifications: Full-
time Water Treatment Plant or Wastewater Treatment Plant Operator, Senior Operator, Working
Supervisor, Public Works Supervisor regularly assigned to the water or wastewater treatment plants,
Industrial Waste Analyst, Laboratory Technician, and Public Works Supervisor (Wastewater
Collection), with preference given according to an employee's individual qualifications and, second,
to an individual's City seniority. Effective June 27, 2017 HAZMAT team participants will be
selected from the following classifications:
In order to balance and maximize the HAZMAT team’s familiarity with each treatment facility
where chlorine or sulfur dioxide are stored, the filling of future treatment plant related vacancies will
be done with the objective of achieving the following distribution of ten (10) treatment related
positions:
Water Treatment – (1) Public Works Supervisor and (3) eligible
treatment positions from Water Treatment.
Stillwater Treatment – (1) Public Works Supervisor and (2) eligible
positions from SWTP.
Clear Creek Treatment – (1) Public Works Supervisor and (2)
eligible positions from CCWTP.
Formatted: Indent: Left: 0.88", No bullets or
numbering
The City is willing to meet with RIEO and discuss changes to the RIEO HAZMAT team, as the
need arises, if the team is to be reduced, expanded, or there is a delay in filling vacancies. All
current team members as of June 27, 2017, will be grandfathered to the team. Once the current
Industrial Waste Analyst departs from the team, the City will endeavor to backfill the vacancy with
an eligible position from one of the three plants.
It is the City’s intent to balance staffing between the Wastewater and Water Treatment plants, using
the maximum number of team members identified at each plant. When vacancies occur, the plant
with the least number of team members will be offered the position first. The position will be
offered to the most senior person. Should there be two plants with an equal number of team
members, but less than the identified number for the plant, the position will be offered to the
individual in the qualified position, who has the most seniority. If the most senior candidate is not
qualified or does not accept the position the City will strive to fill the position through the lines of
progression within the same impacted plant.
The City retains its discretion whether or not vacancies are filled. However, the ratio of RIEO Formatted: Font: 12 pt
represented team members to non-RIEO represented team members will not be fewer than three to Formatted: Indent: Left: 0"
one, excluding Unrepresented Management employees, provided adequate numbers of RIEO team
members are available.
If the City decides to fill a vacancy, the City will endeavor to fill the vacant position within 90 days.
If it cannot be filled within the 90 days, the City will discuss the matter with RIEO. When a member
takes a position outside of the defined eligible staff, that member shall forfeit the position on the
team. City will endeavor to maintain a position on the team for either the Public Works Supervisor
Distribution or Public Works Supervisor Collections but not for both. Once the current Industrial
Waste Analyst departs from the team, the City will endeavor to backfill the vacancy with an eligible
position from one of the three plants.
When a vacancy is created by the resignation, retirement, withdrawal, or removal of any team
member holding such classification, an employee holding the same classification will be offered the
open team position if the City decides to fill the position. If the employee to whom such position is
Newly qualified employees who meet the Minimum Standards will not cause the removal of
existing qualified employees who continue to meet the Minimum Standards for the length of any
existing qualified employee's one-year commitment.
COMPENSATION: Fully qualified team members who are certified by the City and who continue
to remain fully qualified for the team shall receive a six-and-one-half percent (6.5%) pay
differential rolled into base compensation.
The City may reduce or increase the number of compensated positions on the HAZMAT response
team if it deems such a measure necessary. In such circumstances, the eligibility provisions will
govern who is certified and remains on the team. Where there are no team openings, at the
supervisor's discretion, individual employees who request team membership and certification and
who meet all eligibility criteria may volunteer to participate in selected training activities. These
activities include: Minimum Standards Items B, C, and D (but do not include participation on
HAZMAT-related committees). Volunteers will not receive HAZMAT compensation to maintain
their qualifications for future openings.
Attachment: RIEO SC Exempt Salary Schedule (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS AND SALARY RANGES
Effective: March 6, 2018 *
Monthly Salary Rates - Salary Steps
Classification 1 2 3 4 5 6 7 8
####### ####### ###### ###### ###### ###### ######
216 City Surveyor $6,539 $6,866 $7,209 $7,570 $7,948 $8,346 $8,763 $9,201
124 Project Coordinator $6,539 $6,866 $7,209 $7,570 $7,948 $8,346 $8,763 $9,201
221 Permit Center Supervisor $6,134 $6,441 $6,763 $7,101 $7,456 $7,829 $8,220 $8,631
222 Development Services Supervisor $6,134 $6,441 $6,763 $7,101 $7,456 $7,829 $8,220 $8,631
6444.24
183 Public Works Supervisor - Water $5,938 $6,235 $6,546 $6,874 $7,217 $7,578 $7,957 $8,355
596 P/W Supervisor Wastewater-Grade V $5,828 $6,120 $6,426 $6,747 $7,084 $7,438 $7,810 $8,201
597 P/W Supervisor Wastewater-Grade IV $5,696 $5,981 $6,280 $6,594 $6,923 $7,269 $7,633 $8,014
176 Information Technology Supervisor $5,530 $5,807 $6,097 $6,402 $6,722 $7,058 $7,411 $7,781
153 Telecommunications Manager $5,530 $5,807 $6,097 $6,402 $6,722 $7,058 $7,411 $7,781
173 Housing Program Supervisor $5,384 $5,654 $5,936 $6,233 $6,545 $6,872 $7,216 $7,576
168 Public Works Supervisor $5,298 $5,563 $5,841 $6,133 $6,440 $6,762 $7,100 $7,455
211 Code Enforcement Supervisor $5,281 $5,545 $5,822 $6,113 $6,419 $6,740 $7,077 $7,430
161 Inspection Services Supervisor $5,281 $5,545 $5,822 $6,113 $6,419 $6,740 $7,077 $7,430
171 Senior Accountant $5,211 $5,471 $5,745 $6,032 $6,334 $6,650 $6,983 $7,332
196 Database Administrator $5,162 $5,420 $5,691 $5,975 $6,274 $6,588 $6,917 $7,263
142 Network Administrator $5,162 $5,420 $5,691 $5,975 $6,274 $6,588 $6,917 $7,263
143 Systems Administrator $5,162 $5,420 $5,691 $5,975 $6,274 $6,588 $6,917 $7,263
144 Technical Services Supervisor $5,162 $5,420 $5,691 $5,975 $6,274 $6,588 $6,917 $7,263
598 Wastewater Compliance Coordinator $5,133 $5,389 $5,659 $5,942 $6,239 $6,551 $6,878 $7,222
236 Electric Utility Distribution Technician
Supervisor $5,025 $5,276 $5,540 $5,817 $6,108 $6,413 $6,734 $7,070
174 Systems Analyst/Programmer III $5,025 $5,276 $5,540 $5,817 $6,108 $6,413 $6,734 $7,070
170 Water Conservation Specialist $4,937 $5,184 $5,444 $5,716 $6,001 $6,302 $6,617 $6,947
149 Water Systems Specialist (D3/D4) $4,937 $5,184 $5,444 $5,716 $6,001 $6,302 $6,617 $6,947
147 Utility Field Services Supervisor $4,868 $5,112 $5,367 $5,636 $5,918 $6,213 $6,524 $6,850
160 Facility Supervisor $4,868 $5,112 $5,367 $5,636 $5,918 $6,213 $6,524 $6,850
157 Fleet Shop Supervisor $4,868 $5,112 $5,367 $5,636 $5,918 $6,213 $6,524 $6,850
187 Assistant City Clerk $4,846 $5,088 $5,342 $5,610 $5,890 $6,185 $6,494 $6,818
188 Deputy City Treasurer $4,846 $5,088 $5,342 $5,610 $5,890 $6,185 $6,494 $6,818
145 NPDES Coordinator $4,616 $4,847 $5,090 $5,344 $5,611 $5,892 $6,186 $6,496
232 Management Analyst II $4,583 $4,812 $5,053 $5,305 $5,570 $5,849 $6,141 $6,448
229 Systems Analyst/Programmer II $4,583 $4,812 $5,053 $5,305 $5,570 $5,849 $6,141 $6,448
235 Crime Analyst $4,577 $4,806 $5,047 $5,299 $5,564 $5,842 $6,134 $6,441
215 Personnel Analyst II $4,577 $4,806 $5,047 $5,299 $5,564 $5,842 $6,134 $6,441
237 Customer Service Supervisor $4,559 $4,787 $5,026 $5,278 $5,542 $5,819 $6,110 $6,415
213 Engineering Technician III $4,540 $4,767 $5,005 $5,255 $5,518 $5,794 $6,084 $6,388
210 Senior Housing Specialist $4,530 $4,756 $4,994 $5,244 $5,506 $5,781 $6,070 $6,374
Packet Pg. 482
186 Police Services Supervisor $4,174 $4,383 $4,602 $4,832 $5,074 $5,327 $5,594 $5,873
Monthly Salary Rates - Salary Steps
Classification 1 2 3 4 5 6 7 8
Attachment: RIEO SC Exempt Salary Schedule (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
228 Systems Analyst/Programmer I $4,127 $4,334 $4,550 $4,778 $5,017 $5,267 $5,531 $5,807
224 Recreation Supervisor II $4,101 $4,306 $4,522 $4,748 $4,985 $5,234 $5,496 $5,771
217 Workflow Coordinator $4,000 $4,200 $4,410 $4,630 $4,862 $5,105 $5,360 $5,628
214 Personnel Analyst I $3,971 $4,170 $4,378 $4,597 $4,827 $5,068 $5,322 $5,588
193 Recreation Supervisor I $3,776 $3,964 $4,163 $4,371 $4,589 $4,819 $5,060 $5,313
242 Box Office Supervisor $3,757 $3,945 $4,142 $4,349 $4,566 $4,795 $5,034 $5,286
241 Office Services Supervisor $3,722 $3,908 $4,103 $4,308 $4,524 $4,750 $4,987 $5,237
250 Executive Assistant to Assistant $3,722 $3,908 $4,103 $4,308 $4,524 $4,750 $4,987 $5,237
City Manager
Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.
* Revised salary schedule reflects Unit Mod to UPEC.
Attachment: RIEO CTP P-T 457 Salary Schedule (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
EXHIBIT "A-1"
PART-TIME EMPLOYEE SCHEDULE OF CLASSIFICATIONS AND HOURLY WAGE RATES
PARS 457 ALTERNATIVE RETIREMENT PLAN
Effective: March 6, 2018 *
948 Customer Service Representative $19.52 $20.50 $21.52 $22.60 $23.73 $24.91
366 Engineering Aid $19.52 $20.50 $21.52 $22.60 $23.73 $24.91
995 Electric Utility Distribution Technician I $22.82 $23.96 $25.16 $26.42 $27.74 $29.13
996 Water Plant Operator - Grade III $25.57 $26.85 $28.19 $29.60 $31.08 $32.64
* Salaries originally effective April 10, 2016; revised schedule reflects CA minimum wage changes.
Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.
Attachment: RIEO CTP Exempt Salary Schedule (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential Units)
EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS AND SALARY RANGES
Effective: March 6, 2018
223 Plan Check Engineer $5,847 $6,140 $6,447 $6,769 $7,107 $7,463 $7,836 $8,228
132 Traffic Engineer/Planner $5,847 $6,140 $6,447 $6,769 $7,107 $7,463 $7,836 $8,228
140 Associate Environmental Specialist $5,552 $5,830 $6,121 $6,427 $6,749 $7,086 $7,440 $7,812
141 Associate Planner $5,552 $5,830 $6,121 $6,427 $6,749 $7,086 $7,440 $7,812
158 Associate Redevelopment/Community $5,552 $5,830 $6,121 $6,427 $6,749 $7,086 $7,440 $7,812
Project Coordinator
178 Transportation Planner $5,552 $5,830 $6,121 $6,427 $6,749 $7,086 $7,440 $7,812
163 Assistant Engineer $5,162 $5,420 $5,691 $5,975 $6,274 $6,588 $6,917 $7,263
167 Safety Specialist $5,133 $5,389 $5,659 $5,942 $6,239 $6,551 $6,878 $7,222
148 Senior Fire Protection Plans Examiner $5,133 $5,389 $5,659 $5,942 $6,239 $6,551 $6,878 $7,222
162 Senior Plan Checker $5,133 $5,389 $5,659 $5,942 $6,239 $6,551 $6,878 $7,222
174 Systems Analyst/Programmer III $5,025 $5,276 $5,540 $5,817 $6,108 $6,413 $6,734 $7,070
205 Industrial Waste Analyst $4,868 $5,112 $5,367 $5,636 $5,918 $6,213 $6,524 $6,850
177 Assistant Planner $4,607 $4,837 $5,079 $5,333 $5,600 $5,880 $6,174 $6,482
159 Assistant Redevelopment/Community
Project Coordinator $4,607 $4,837 $5,079 $5,333 $5,600 $5,880 $6,174 $6,482
234 Plans Examiner $4,607 $4,837 $5,079 $5,333 $5,600 $5,880 $6,174 $6,482
325 Landscape Planning Specialist $4,600 $4,830 $5,072 $5,325 $5,592 $5,871 $6,165 $6,473
154 Accountant II $4,583 $4,812 $5,053 $5,305 $5,570 $5,849 $6,141 $6,448
232 Management Analyst II $4,583 $4,812 $5,053 $5,305 $5,570 $5,849 $6,141 $6,448
204 Senior Building Inspector $4,583 $4,812 $5,053 $5,305 $5,570 $5,849 $6,141 $6,448
229 Systems Analyst/Programmer II $4,583 $4,812 $5,053 $5,305 $5,570 $5,849 $6,141 $6,448
139 Senior GIS Analyst $4,555 $4,783 $5,022 $5,273 $5,536 $5,813 $6,104 $6,409
233 Survey Party Chief $4,555 $4,783 $5,022 $5,273 $5,536 $5,813 $6,104 $6,409
239 Senior Buyer $4,493 $4,717 $4,953 $5,201 $5,461 $5,734 $6,021 $6,322
228 Systems Analyst/Programmer I $4,127 $4,334 $4,550 $4,778 $5,017 $5,267 $5,531 $5,807
199 Accountant I $3,977 $4,176 $4,385 $4,604 $4,834 $5,076 $5,330 $5,596
231 Management Analyst I $3,977 $4,176 $4,385 $4,604 $4,834 $5,076 $5,330 $5,596
238 Buyer $3,901 $4,096 $4,301 $4,516 $4,742 $4,979 $5,228 $5,489
189 Contract Compliance Technician $3,752 $3,940 $4,137 $4,343 $4,561 $4,789 $5,028 $5,279
191 Convention Sales Representative $3,752 $3,940 $4,137 $4,343 $4,561 $4,789 $5,028 $5,279
908 Technical Director $3,752 $3,940 $4,137 $4,343 $4,561 $4,789 $5,028 $5,279
190 Tourism Development Representative $3,752 $3,940 $4,137 $4,343 $4,561 $4,789 $5,028 $5,279
220 Coordinator of Volunteers $3,455 $3,628 $3,810 $4,000 $4,200 $4,410 $4,631 $4,862
197 Energy Conservation Specialist $3,455 $3,628 $3,810 $4,000 $4,200 $4,410 $4,631 $4,862
Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.
Packet Pg. 485
REDDING INDEPENDENT EMPLOYEES ORGANIZATION
CLERICAL, TECHNICAL AND PROFESSIONAL UNIT
EXHIBIT "A-1"
NON-EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS AND HOURLY WAGE RATES
Attachment: RIEO CTP Non-Exempt Salary Schedule (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential
Effective: March 6, 2018 *
Hourly Wage Rate - Salary Step
Classification 1 2 3 4 5 6
399 Cashier $11.82 $12.41 $13.03 $13.69 $14.37 $15.09
374 Crime Analysis Technician $16.75 $17.59 $18.47 $19.39 $20.36 $21.38
341 Development Services Technician I $17.15 $18.01 $18.91 $19.86 $20.85 $21.89
369 Housing Technician $17.15 $18.01 $18.91 $19.86 $20.85 $21.89
368 Parking Violation Officer $17.98 $18.88 $19.82 $20.81 $21.85 $22.95
359 Police Records Technician $18.14 $19.05 $20.00 $21.00 $22.05 $23.15
352 Development Services Technician II $19.68 $20.67 $21.70 $22.79 $23.92 $25.12
348 Energy Services Rebate Specialist $19.76 $20.74 $21.78 $22.87 $24.01 $25.21
357 Engineering Aid $19.76 $20.74 $21.78 $22.87 $24.01 $25.21
969 Graphic Designer $19.76 $20.74 $21.78 $22.87 $24.01 $25.21
351 Customer Service Representative $19.90 $20.90 $21.94 $23.04 $24.19 $25.40
333 Utility Support Technician $20.95 $22.00 $23.10 $24.25 $25.46 $26.74
356 Computer Support Specialist II $22.16 $23.27 $24.44 $25.66 $26.94 $28.29
347 Development Services Technician III $22.16 $23.27 $24.44 $25.66 $26.94 $28.29
332 Engineering Technician I $22.16 $23.27 $24.44 $25.66 $26.94 $28.29
367 Telecommunications Technician II $22.16 $23.27 $24.44 $25.66 $26.94 $28.29
358 Business License Specialist $22.50 $23.62 $24.80 $26.04 $27.35 $28.71
372 Fire Prevention Specialist $22.50 $23.62 $24.80 $26.04 $27.35 $28.71
Attachment: RIEO CTP Non-Exempt Salary Schedule (available online) (9.15(a)--Amendment to MOU for RIEO CTP Supervisory/Confidential
355 Housing Specialist I $22.50 $23.62 $24.80 $26.04 $27.35 $28.71
392 Records Specialist $22.50 $23.62 $24.80 $26.04 $27.35 $28.71
326 Utility Specialist I $22.50 $23.62 $24.80 $26.04 $27.35 $28.71
313 Electric Utility Distribution Technician I $22.98 $24.13 $25.34 $26.61 $27.94 $29.33
331 Computer Support Specialist III $23.77 $24.96 $26.21 $27.52 $28.89 $30.34
323 Housing Specialist II $24.41 $25.63 $26.91 $28.26 $29.67 $31.16
327 Utility Specialist II $24.41 $25.63 $26.91 $28.26 $29.67 $31.16
329 Wastewater Laboratory Technician $24.41 $25.63 $26.91 $28.26 $29.67 $31.16
577 Wastewater Plant Operator - Grade II $24.61 $25.84 $27.14 $28.49 $29.92 $31.41
567 Wastewater Plant Operator - Grade III $25.23 $26.49 $27.81 $29.20 $30.66 $32.20
579 Water Plant Operator - T-3 (D-2) $25.86 $27.15 $28.51 $29.93 $31.43 $33.00
569 Wastewater Plant Operator - Grade IV $25.86 $27.15 $28.51 $29.93 $31.43 $33.00
321 Public Works Inspector $26.27 $27.58 $28.96 $30.41 $31.93 $33.53
317 Computer/Network Technician III $26.38 $27.70 $29.08 $30.54 $32.06 $33.66
571 Water Plant Operator - T-4 (D-3) $26.51 $27.83 $29.22 $30.68 $32.22 $33.83
572 Wastewater Plant Operator - Grade V $26.51 $27.83 $29.22 $30.68 $32.22 $33.83
573 Senior Wastewater Laboratory Technician $26.79 $28.12 $29.53 $31.01 $32.56 $34.19
575 Water Plant Operator - T-5 (D-4) $27.17 $28.53 $29.95 $31.45 $33.02 $34.67
314 Electric Utility Distribution Technician II $27.46 $28.83 $30.27 $31.78 $33.37 $35.04
552 Senior Wastewater Plant Operator - Grade III $28.92 $30.37 $31.89 $33.48 $35.16 $36.91
576 Senior Wastewater Plant Operator - Grade IV $29.65 $31.13 $32.68 $34.32 $36.03 $37.84
553 Senior Water Plant Operator - T-4 (D-3) $30.27 $31.78 $33.37 $35.04 $36.79 $38.63
589 Senior Wastewater Plant Operator - Grade V $30.39 $31.91 $33.50 $35.18 $36.94 $38.78
592 Senior Water Plant Operator - T-5 (D-4) $31.03 $32.58 $34.21 $35.92 $37.71 $39.60
312 Electric Utility Senior Information Analyst $31.88 $33.47 $35.15 $36.90 $38.75 $40.69
Note: Pay rates are calculated utilizing a standardized formula and small differences may occur due to rounding.
* Revised schedule reflects Unit Mod to UPEC.
Recommendation