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Home My WebLink About _ 4.11(b)--Agreement Acceptance for The Springs Waterline Reimbursement Agreement GI �" Y � F � � � ° � � � " � � CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: May 2, 2023 FROM: Chuck Aukland, Public ITEM NO. 4.11(b} Works Director ***APPROVED BY*** � ��n � .�.._ s.N,.�� ukl�n�l,H'ciblic Wc�aks L'��reGt ' 4/?l�/2423 ry ip}�in,�C"i ana � 4r'2�/7423 caulcland@ci.redding.ca.us btippin@cityofredding.org SUBJECT: 4.11(b)--Project and Agreement Acceptance for the Springs Waterline Reimbursement Agreement Recommendation Accept the project plans, specifications and construction of the waterline associated with the Springs Waterline Reimbursement Agreement (C-9022) as satisfactorily complete, with a final cost of$1,461,788.57. Fiscal Impact The Springs Waterline Reimbursement Agreement (Agreement) is fully funded by the Water Utility Division which has sufficient funds appropriated in the approved Fiscal Year 2022-23 budget for this project. The total agreement's final cost is $1,461,788.57. AZteNnative Action The City Council (Council) may choose not to accept the agreement as satisfactorily complete, and provide alternate direction to staff. Background Redding Senior Living, LLC, has completed all items of work on The Springs Waterline Reimbursement Agreement as of October 26, 2022, which was within the contract time frame. The project warranty period expires one year from the completion date of October 26, 2022. At its August 3, 2021, meeting, the Council authorized a reimbursement agreement to Redding Senior Living, LLC, for $1,400,000 and the City Manager was authorized to approve additional increases to the agreement up to a total o�$200,000 for a total authorized amount of$1,600,000. During construction, the City Manager authorized an increase in the amount of$72,000 to cover the costs of change orders and anticipated plan review costs. The total City Manager authorized amount expended was $61,'788.57. The fmal project cost was $1,461,'788.5'7. Report to Redding City Council Apri126, 2023 Re: 4.11(b)--AgreementAcceptance for The Springs Waterline ReimbursementAgreementPage 2 As part of the Springs Project, the developer, Redding Senior Living, LLC, was conditioned (PD-2019-00542) to construct the waterline required for the project. The waterline is a project identified in the City of Redding's (City) Water Master Plan and current Capital Improvement Plan and is therefore eligible for reimburseinent in accordance with the Redding Municipal Code. By installing the waterline, the City's Water Utility is able to move more water from the Buckeye Pressure Zone into the Foothill and Hilltop/Dana Pressure Zones. These improvements will better serve the surrounding City residents and provide necessary capacity and fire flow needed for future planned growth. This agreement included design and construction of approximately 1,259 linear feet of 18-inch waterline within Lake Boulevard and North Market Street. The construction consisted of new waterline, valves, asphalt, jack, and bore beneath North Market Street and replacement of sidewalk, curb, and gutter infrastructure. Cost Summary Awarded Amounts Actual Cost Agreement $1,400,000.00 .<::<:��. .:. Agreement+ Contract Change Orders �� $1,400,000.00 City Manager $200,000.00 $61,788.57 Total $1,600,000.00 $1,461,788.57 EnviNonmental Review This proposed action is not a project as defined under the California Environmental Quality Act, and no further action is required. On July 3, 2007, the Council adopted the Mitigated Negative Declaration and approved The Springs development project. Council Priority/City Manager Goals This agenda item is a routine operational item. Attachments ^City Manager Fund Increase Agreement(C-9022) Previous Staff Report Previous Staff Report 070307 eiT �r aF � E � � �. rr Internal Communicat�on �,r C A L 1 F � R l�l�� DATE: January 18, 2023 TO: Barry Tippin, City Manager FROM: Chuck Aukland, Director of Pulbic Works SUBJECT: Request for Transfer of Project Funds Springs Waterline Reimbursement Agreement, Job No. 2662 In accordance with the Council Approved Award of The Springs Waterline Reimbursement Agreement, a transfer of City Manager Funds (Job No. 2662)to Project Contingency Funds in the amount of Seventy-Two Thousand & 00/100 ($72,000) is requested. Additional contingency funds are necessary to cover the change order costs for additional jack and bore efforts to complete the installation of the 18" water main beneath SR 273. During installation of the jack and bore casing, it was discovered that the existing soil conditions (large coble) differed from soils report provided at bid time dictating a change to the contractors means and methods as well as a time delay. A transfer of$72,000 from the available remaining City Manager budget is necessary to fully fund these change orders. Current Requested Newly Expended Balance Authorized Increase Authorized Pro'ected Pro'ected Contract 1,400,000 0.00 1,400,000 1,400,000 0.00 Contingency 0.00 72,000.00 72,000.00 71,778.57 221.43 Construction 0.00 0.00 0.00 0.00 0.00 Management City Manager 200,OOQ.00 (72,000.00) 128,000.00 0.00 128,000.00 Funds Total $1,b00,000.00 $0.00 1,600,000.00 1,471,778.57 $128,221.43 There is currently a balance of $20Q,OOQ available in City Manager Funds. The existing Construction Management budget is funded by Water funds and has sufficient fianding for staff tirne to complete this pro�ect. The project is substantially cornplete at this time. Please call me at 245-7155 or 3ash Anthony af 225-4175 if you have any questions ar need additional information. ,�'' ��/z. � Cit ngineer Date City Ma e Date j almk c. Assistant Directc�r of Public Works, Utilities Assistant Director af Public Works, Canstruction Finance � � CITY F ING ° _ REPORT TCt THE CITY C(?UNCIL MEETING DATE. August 3,2021 F'RUM. Chuck Aukland, l'ubiic ITEM NO. 4.11(a) Works Director ***APPROVED BY*** �� --__�.�--._ __ °�� `�. �' ��,�""�M ,,'`' -a�� . cakland,Pu1�1Sc Wocks Direct � 7f2?/2p21 ty ippi��,Ci ana e- � 1l?G/20?l r caul�tand �ci.recldeng;ca.as btippin ,cityofredding.org SUBJECT; 4.11(a}--The Springs Waterline Reimbursement Agreement Recomrazendation Authorize the followrng acti�ns relative ta the Reimbursement Agreement {Agreement) with Redding Seniar Living, LLC for the design and constructzon of a waterline fram the intersection of Masonic Boulevard at Lake BouPevard to State Route 273lNorth Market Street to Hilltop Drive for the Sprrngs Development project: (1) Approve the Agreement in the amount of$1,400,000;and (2) Authorize the C�ty Manager to approve additional increases based on the constructian bid amounts up to a total of$204,00. Fiscal Impaet The design and construction c�f the waterline is estimated to total $1,40Q,000. The Water Utrlity Division has sufficient funds �ppropriated in the approved �iscal Year 2021-22 budget for this project. Alter°rzatiue Action The City Council (Council} may choose not ta approve the relrnbursement agreement with Redding Senior Living, LLC, for design and canstructian of the waterline. The Springs develaprnent projec�would not meet the fire flow requirements for the facility and wauld need ta pursue an aiternative design to meet the requirements prior to occupancy. The City af Redding (City)would design,bid,and construct the waterline at a later date. Report to Redding City Council July 29,2021 Re: 4.11(a)--The Springs Waterline ReimbursementAgreement Page 2 Backg�•ound/Analysis As part of the Springs Project, the developer, Redding Senior Living, LLC, was canditioned (PD-2019-00542) to construct the waterline required for the project. The waterline is a project identified in the City's Water Master Plan and current Capital Improvement Plan (CIP). By installing the waterline, the City's Water Utility is able to move more water from the Buckeye Pressure Zone into the Foothill and Hilltop/Dana Pressure Zones. These improvements will better serve the surrounding City residents and provide necessary capacity and fire flow needed for future planned growth. Per the Redding Municipal Code (RMC) Section 14.08.130,B.4, C: "If any additional construction is necessary to extend lines from existing mains to the applicant's property or subdivision, it shall be constructed at applicant's cost, unless the City Council authorizes extension of such main at City expense because of special circumstances such as... (c)conformance to the water master plan." RMC Section 16.20.090 generally provides for reimbursement of project costs when a condition of development requires construction of certain facility improvements specified in the City's CIP. The agreement has been developed in accordance with Council Policy 1502, Developer Participation Agreements. Through the attached agreement, the City will review the design and construction of the waterline for conformance to City of Redding Construction Standards and reimburse the developer for the waterline at completion. The agreement has been approved as to form by the City Attorney. CounciC Priority/City Manager Goals • Government of the 21St Century — "Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." Attach�rrents Redding Municipal Code Chapter 14.08.130-Extension of mains(available online) Council Policy No. 1502 -Developer Participation Agreements(available online) Agreement(available online) AGREEMENT TO PROVIDE REIMBURSEMENT FOR THE CONSTRUCTION OF WATER MAIN THIS REIMBURSEMENT AGREEMENT is made and entered irlto by and between REDDING SENIOR LIVING, LLC; hereinafter referred to as "Developer" and the CITY OF REDDING, a Municipal Corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, the City installs and inaintains water inains within the incorporated areas of the City; and WHEREAS, the Developer is constructing a developinent project known as The Springs; and WHEREAS, the Developer was conditioned (PD-2019-00542) to design and construct an 18-inch water main (the"Project")to meet fire flow requirements for the development; and WHEREAS,the City establishes a Water Master Plan and Capital Iinprovement Plan(CIP} for future projects; and WHEREAS, Redding Municipal Code (RMC) Section 16.20.090 generally provides for reimbursement of project costs when a condition of development requires construction of certain facility iinprovements specified in the City's Capital Improvement Program (CIP); and WHEREAS, City Council Policy 1502 authorizes developer participation agreements adhering to the guidance of the policy; and WHEREAS, the Developer has requested that the City reimburse construction costs for a water main inside the incorporated area of the City identified in the most cunent Water Master Plan and CIP; and WHEREAS, Redding Municipal Code Section 14.08.130(B)(4) generally provides that, the City Council may authorize the extension of such main at City expense because of special circumstances such as conformance to the Water Master Plan. WHEREAS,the City has estiinated that the cost to design and construct the water main for the proposed project is $1,400,000 (the"Estimated Project Cost"). � �� C? � � ��')l'�✓�;--� ,`.'li�� r NOW,THEREFORE, IT IS AGREED by and between the parties hereto as follows: SECTION 1. DEVELOPER The names, addresses, and descriptions of the person or persons herein collectively referred to as "Developer" are as follows: Name Address Douglas Sproul 1900 Hines Street SE, Suite 150 Redding Senior Living, LLC Salem, OR 97302 SECTION 2. SCOPE OF WORK A. Developer agrees to cause to construct an 18-inch water main along the location and route of the water main shown on Exhibit A, attached and incorporated herein. In general, the water inain shall extend from the Lake Boulevard and Masonic Avenue intersection in Lake Boulevard right-of-way, crossing under State Route 273, to Hilltop Drive and all other associated work (collectively, the"Work"). B. The Work shall be performed strictly in accordance with development plans that have been prepared by Sharrah Dunlap Sawyer, Inc., civil engineers ("Designer") at the direction of the Developer based on the City of Redding Construction Standards and reviewed and approved by Caltrans and the City's Public Works Engineering Division (the "Final Plans") incorporated herein by reference. The Work shall be subject to inspection by and approval of the City's Public Works Engineering Division for conformance with the Final Plans and sound construction practices. If the Constructioi�/Inspection Management Division of the City's Public Works Engineering Division, in its judgment, determines that any Work is not in substantial confonnity with the Final Plans and City of Redding Construction Standards or are not otherwise in substantial conformity with sound building practices, the City shall have the right to order a correction to the Work by written notice to the Developer. No material changes shall be made to the Final Plans without the City's prior written consent. SECTION 3. PROJECT COSTS A. Estimated Project Cost: The estimated project cost is approximately one million four hundred thousand dollars ($1,400,000). Costs include design, construction, and construction inanagement. It is acknowledged that the estimated cost is based upon preliminary cost estiinates, and is not the result of competitive bids, and, therefore, is subject to change. Costs shall be reiinbursed to Developer per Section 6 below. B. Total Project Cost: Developer agrees to deliver the Project to the City for a Total Project Cost which shall include the Actual Construction Cost, as defined in Section 3 herein. The Total Project Cost shall be set by the City, laiown as the Approved Budget per Section 6, following the bid opening. �2� C. Actual Construction Cost: The actual construction cost shall include, as hereinafter provided, Improvement Costs, costs of Change Orders, and Other Cost Increases defined below ("Actual Construction Costs"). 1. Improveinent Costs: The improvement costs include,but shall not be limited to, costs of preparing the Project budget, construction, bonds, all other fees and charges (e.g., pennit fees, inspection fees, etc.) associated with actual construction of the Project, engineering, surveying, staking,pennitting costs, and construction management costs. 2. Change Orders: A"Change Order"is a written order, approved by the City, from any of Developer's authorized representative (Developer's Agent)to the contractor performing the work authorizing a change in the work to be performed. Change Orders may be needed where changes in the Project are inade necessary if(1}unforeseen conditions arise during construction (2) such change would result in materials of lesser quality being used in the Work, or (3) such change represents a deviation, whether or not lesser quality, in the Final Plans and specifications after construction begins. City has right to authorize or reject change order requests. All Change Orders must be approved in writing and deliver such Change Order to Developer's Agent as identified below. a. A�proval of Change Orders: A "Change Order"is an order from Developer and City including an oral order from the field engineering inspection staff to the contractor performing the work authorizing a change in the work to be performed. Developer's Agent shall notify City's representative, of the need for a Change Order and City's representative shall either approve or reject said Change Order within seven (7) working days of receiving Developer's Agent's written notice. City staff may approve Change Orders. For purposes of notification with regard to Change Orders, the City's representative shall mean the person responsible for overseeing design and construction, and will be established at the pre-construction meeting. D. Solicitation of Bids: Developer shall solicit sealed bids for the construction of the Work in accordance with Public Contract Code(PCC) Section 22037 as follows: 1. The notice inviting forinal bids shall state the time and place far the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen(14) calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the public agency; or, if there is no newspaper printed and published within the jurisdiction of the public agency, publication shall be by posting the notice in at least three places within the jurisdiction of the public agency as have been designated by ordinance or regulation of the public agency as places for posting of its notices. The notice inviting formal bids shall also be mailed to all construction trade journals specified in PCC Section �3� 2203, Construction Bidboard (ebidboard), Dodge Data& Analytics, Humboldt Builders Exchailge, Shasta Builders Exchange, and Placer Builders Exchange. The notice shall be inailed at least 30 calendar days before the date of opening the bid. 2, Bid Opening and Award of Contract: Developer shall open sealed bids in presence of City's authorized representative(s). Developer shall provide City's representative(s) with a copy of the tabulation of bid results. Developer shall award contract(s) for the construction of the Project to the qualified and responsible contractor(s) subrnitting the lowest responsible and responsive bid(s), as mutually agreed by Developer and City's authorized representative(s). Developer shall be the awarding body of the contract for the construction of the Work, and City shall not be a party to said contract. In the event the lowest responsible and responsive bid, coinbined with a reasonable amount for contingencies, exceeds the Estimated Construction Cost set forth in Section 3 above, the increase in the Estimated Construction Cost must be approved by City prior to awarding the contract. SECTION 4. TERM AND TERMINATION A. Developer shall cause the Contractor(as defined below)to commence the Work by the issuance of a Notice to Proceed delivered after execution of the Construction Contract and the Developer estimates that the Work shall be completed no later than September 1, 2022. B. If Developer fails to perfonn or comply with any of its obligations under this Agreement, as and when required,which contiuues for a period of thirty(30)days after written notice of such failure by the City to Developer (provided, however, if such failure is susceptible of cure but cannot reasonably be cured within such thirty(30}day period,and Boi�rower shall have commenced to cure such failure within such thirty(30) day period and thereafter diligently and expeditiously proceeds to cure the same, such thirty(30)day period shall be extended for an additional period of time as is reasonably necessary for the Borrower in the exercise of due diligence to cure such failure), then City shall have the right to tenninate this Contract effective immediately after the passage of applicable notice and cure periods. Upon such tennination, the Developer sliall be entitled to receive reimbursement for Work completed in conformance with the Final Plans and City of Redding Construction Standards,but not with respect to any Work not executed by the Contractor. C. City may terminate this Contract without cause on thirty (30) calendar days' written notice. In the event of tennination by the City without cause prior to commencement of construction, the Developer shall be entitled to receive reimbursement for costs incurred by the Developer as a direct result of such tennination. In case of tennination for the City's convenience after commencement of construction, the Developer shall be entitled to receive payment for Work completed, and costs reasonably incun-ed by Developer as a direct result of such tennination (including, without limitation, any �4� tenninatioil fee or cost due Contractor and/or any subcontractor or materialman), but not with respect to any Work not completed by Contractor. D. Developer hereby acknowledges and agrees that the obligation of City to pay under this Contract is contingent upon the availability of City's funds which are appropriated or allocated by the City Council. Should the funding for the Work set forth herein not be appropriated or allocated by the City Council, City may tenninate this Agreement by furnishing at least thirty(30) calendar days' written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, Developer shall not be eutitled to a remedy of acceleration of payments due over the term of this Agreement but shall be entitled to reimbursement as set forth in Section 4.0 above. The Parties acknowledge and agree that the power to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitutional provision supersedes any law, rule, regulation or statute which conflicts with the provisions of this Section, E. In the event that City gives notice of tennination, Developer shall promptly assign and deliver to City any and all finished and unfinished reports, data, studies, photographs, charts or other non-legally privileged work product prepared by or at the direction of Developer pursuant to this Contract to the extent assignable by the Developer. To the extent permitted by law, City shall liave full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports,data, studies, photographs, charts or other wark product. City agrees and acknowledges that any work product transferred pursuant to this Section 4.E are transferred "AS-IS" without any representation or warranty by Developer and Developer shall have no liability to City or any other party with respect to the use of any such work product after the tennination of this Contract, and City shall, to the fullest extent pennitted by law, indemnify, protect, defend and hold harmless, Developer, its inembers, officers, employees, agents and representatives, and each and every one of them, from and against all actions, dainages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorneys' fees, expert fees, litigation costs, and investigative costs) of every type and description to which any or all of them may be subjected, which in aiiy way arise out of or relate to the use of the work product. F. Subject to Section 4. E, in no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract. SECTION 5. CONSTRUCTION A. The Developer shall cause the Work to be performed by a contractor ("Contractor") licensed in the State of California for the Wark performed arld shall require a construction contract ("Construction Contract") the fonn and content of which must be reviewed and approved by the City's Public Works Engineering Division prior to execution by the Developer. The Construction Contract and construction management will include, but not be limited to, the following key elements: • California Prevailing Wage Requirements per Section 10 of this Agreement • Contractor registration with the Califoniia Department of Industrial Relations �5� per Section 10 of this Agreement • Industry standard perfonnance bond and payment bond with each not less than 100 percent of the contract work and a maintenance bond in an amount not less than 50 percent of the contract work. The maintenance bond shall extend 12 consecutive months beyond the Notice of Completion date indicating City acceptance of the Work. The fonn of the required bonds shall be substantially in the form attached hereto as Exhibit"B1, B2, and B3". B. The Developer shall contract with a qualified entity ("Construction Manager") to provide all construction management services to include quality control, material testing, labor compliance and inspection to ensure the project is built to the bid specifications, Final Plans, and City Construction Standards. The Construction Manager shall be entitled to a fee, which fee shall be paid by Developer as part of the Approved Budget, of the Construction Manager's general conditions. C. The Developer shall keep an accurate record of the actual cost of the Project in accordance with generally accepted accounting procedures. Developer shall allow the City's authorized representatives to examine and provide copies of any records relevant to the verification of the actual cost of constructing the Project, including, without limitation, all contract bids, invoices, and change orders. Any changes that occur during the course of construction shall be pi�operly documented. D. The Construction Contract shall be a guaranteed maximum price or stipulated sum contract and shall contain industry standard warranties and indemnities in favor of the City as set forth in Section 8 hereof. The Contractor shall have all licenses, permits, qualifications and approvals of any nature wllatsoever that are legally required for Contractor to carry out the Work. E. Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning proinpt payment to subcontractors. F. Upon satisfactory completion, the Developer shall prepare and deliver to the City as- built construction drawings in a format acceptable to the City. SECTION 6. DEVELOPERS REOUEST FOR REIMBURSEMENT A. City shall reimburse Developer for the actual costs of the Work, in accordance with Section 3.B, and in an amount not to exceed the Approved Budget described in Section 6.B below. B. The Developer shall submit to the City a proposed budget for completion of the Work (which shall include the Designer's fee, the Construction Manager's fee, the Construction Manager's general conditions, and the proposed Construction Contract amount) for review and approval, which approval shall not be unreasonable withheld, conditioned, or delayed. The City shall, within five (5) business days, approve the �6... proposed budget, or provide to the Developer a statement of changes required to be inade in order for the proposed budget to be approved. If the proposed budget exceeds the Estimated Project Cost, Council approval shall be required. The Developer shall not cause construction to cominence unless the proposed budget has been approved by the City. Once approved by the City,the proposed budget as modified by change orders is referred to herein as the"Approved Budget." C. Developer shall subinit funding requests as frequently as monthly to the City for Work coinpleted to the date of the funding request. All funding requests shall include a certification from the Construction Manager that specified VVork has been completed (including percentage of completion) in a good and workmanlike manner and that, except for Work covei�ed by the current funding request, all due and payable payments have been made for all other labor and materials excluding a 5 percent retention payable at time of final payment.The fuiiding request s17a11 also include certified payroll records in accordance with Section 10.A and conditional or unconditional releases of liens (through the date covered by the iinmediately preceding funding request) from (a) the Contractor and (b) all other potential lien claimants (e.g., subcontractors, laborers, materialmen) perfonning labor or services or supplying materials in connection with the Work. Within ten (10) business days after receipt of a funding request froin Developer, the City Public Works Engineering Division shall approve the complete funding request or only a portion of the funding request in its reasonable discretion and notify Developer. The City shall not disapprove a funding request that confonns with the Approved Budget and is accornpanied by the backup docuinentation required above. If the City Public Works Engineering Division disapproves any amount requested by Developer in a disbursemeilt request, the City shall promptly notify Developer of the disapproved ainount and the reason for disapproval. If any itein in a disbursement request is disapproved, the representatives of Developer and the City shall ineet promptly and in good faith to attempt to resolve the matter to their mutual satisfaction. D. All correct, coinplete and undisputed funding requests sent by Developer to City shall be paid within thirty(30) calendar days of receipt. SECTION 7. MISCELLANEOUS PROVISIONS A. Each of the undersigned signatories hereby represents and wamants that they are authorized to execute this Agreement on behalf of the respective parties to this Agreement; that tlley have full right, power and lawful authority to undertake all obligations as provided in this Agreement; and that the execution, performance and delivery of this Agreement by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Agreeinent. B. This Agreement has the same force and effect as any deed covena�lt ruruiing with the land and shall benefit and bind all owners of the property present and future, and their heirs, successors and assigns. C. Developer shall, during the entire term of this Agreement, be construed to be an independent contractor and nothing in this Agreement is intended, nor shall it be ^..�� construed, to create an employer/einployee relationship, association,joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Developer performs under this Agreement. Any and all taxes imposed on Developer's income, iinposed or assessed by reason of this Agreement or its performance, including but not limited to sales or use taxes, shall be paid by Developer. Developer shall be responsible for any taxes or penalties assessed by reason of any claiins that Developer is an employee of City. Developer s11a11 not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. D. No provision of this Agreement is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto. E. Developer shall cause the Contractor to maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pei-taining to the Work. These records shall be inade available for audit purposes to any authorized representative of City. Developer shall retain such records for three (3) years after the expiration of this Agreement, unless �rior pennission to destroy thein is granted by City. F. To the greatest extent pei7nitted by applicable law, each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action,proceeding,claim or counterclaiin, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions conteinplated hereby. Each Party further waives any right to consolidate any action which a jury trial has beeu waived with any other action in which a jury trial cannot be or has not been waived. SECTION 8. INSURANCE The obligations to the City required of Developer in Section 8 relating to insurance lnay be satisfied by Developer's authorized subcontractor if the obligations set for-th in Section 8 are inet by the Developer's subcontractor. Only in such event shall Developer be relieved of the obligations set forth in Section 1. A. Contractor and Designer shall inaintain the following noted insurance during the duration of tlie Contract: Coverage Required Not Required Commercial General Liability X Comprehensive Vehicle Liability X Workers' Coinpensation and Employers' Liability X Professional Liability(Errors and Omissions) X (Place an"x"in the appropriate box) B. Coverage shall be at least as broad as: �g � 1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance,in an amount not less than$1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; 2. Insurance Services Office fonn number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 coinbined single limits per accident applicable to all owned, non-owned and hired vehicles; 3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers'Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, elnployees, agents and volunteers; 4. Professional Liability (Errors and Omissions) Insurance, appropriate to Developer's profession, against loss due to error or omission or inalpractice in an ainount not less than $1,000,000. 5. Course of Construction Insurance providing coverage for all "risks"of loss in the alnount of the coinpleted project value. 6. Contractor Pollution Liability,in the amount of$1,000,000,to include but not limited to coverage for bodily injury, property dainage and cleanup arising froin pollution conditions created by the contractor or encountered during work at job site. Coverage must apply to cleanup,damage or injury that occurs on, or that originates from, the site. 7. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage liiniting the insured's insurance responsibility. C. Any deductibles or self-insured retentions must be declared to and approved by City, which approval shall not be um�easonably withheld, conditioned or delayed. . D. The General Liability shall contain or be endorsed to contain the following provisions: 1. City, its elected officials, officers, ernployees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Developer; premises owned, leased or used by Developer; or automobiles owned, leased, hired or borrowed by Developer. The coverage shall contain no special liinitations on the scope of protection afforded to City, its elected officials, officers, einployees, agents and volunteers� ^.,9� 2. The insurance coverage of Developer shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees,agents and volunteers, shall be in excess of Developer's insurance and shall not contribute with it. 3. Coverage shall state that the insurance of Developer shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Developer agrees that it shall not reduce its coverage or liinits on any such policy except after thirty (30) calendar days' prior written notice has been given to the insureds. E. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII. F. Developer shall cause the Contractor to designate the City of Redding as a Certificate Holder of the insurance. Developer shall cause the Contractor to furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to:Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorseinents for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of the Work. City may withhold payments to Developer if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner. G. The requirements as to the types and limits of irlsurance coverage to be maintained by Contractor as required by Section 8 of this Contract, and any approval of said insurance by City, are not intended to and will not in any inanner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Construction Contract, including, without limitation, provisions concerning indemnification. H. If any policy of insurance required by this Section is a"claims made"policy,pursuant to Code of Civil Procedure § 342 and Goverrunent Code § 945.6, Developer shall keep said insurance in effect for a period of eighteen(18)months after the completion of the Work. L If any damage, including death, personal injury or property damage, occurs in connection with the perfonnance of this Contract,Developer shall immediately notify City's Risk Manager by telephone at(530)225-4068. No later than three(3)calendar days after the event, Developer shall submit a written report to City's Risk Manager 10� containing the following information, as applicable: 1) name and address of injured or deceased person(s); 2} name and address of witnesses; 3) naine and address of Developer's insurance company; and 4) a detailed description of the dainage and whether any City property was involved. SECTION 9. INDEMNIFICATION AND HOLD HARMLESS A. Consistent with California Civil Code§ 2778,Developer shall cause the Construction Contract to include provisions that require the Contractor, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claiins, losses, penalties and expenses (including,but not limited to,reasonable attorney's fees of the City Attorney or legal counsel retained by City,expert fees,litigation costs,and investigation costs)of every type and description to which any or all of them may be subjected by reason of, or resulting fiom, directly or indirectly, the negligence, recklessness, or willful inisconduct of Contractor,its officers, employees or agents in the perfonnance of the Work, except when liability arises due to the sole negligence, active negligence or inisconduct of the City. B. The Contractor's obligation to defend, indelnnify and hold hannless shall not be excused because of the Contractor's inability to evaluate liability. The Construction Contract shall provide that Contractor shall respond within thirty (30) calendar days to the tender of any claim for defense and indernnity by the City,unless this time has been extended in writing by the City. If the Contractor fails to accept or reject a tender of defense and indemnity in writing delivered by City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or uiltil the Contractor accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Developer or Contractor herein, C. The Contractor's obligation to indemnify,protect,defend,and hold hannless set forth in this Section applies to all clairns and liability regardless of whether any insurance policies are applicable. The policy liinits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor. D. The Construction Contract shall provide that the City shall have the right to approve or disapprove the legal counsel retained by Contractor pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incun•ed by City in enforcing the obligations set forth in this Section. SECTION 10. PREVAILING WAGE LAW COMPLIANCE A. Pursuant to Section 1781 of the Labor Code, Developer is advised that the work contemplated in this contract related to construction is subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The � 11 � prevailing wage of each job classification may be found by inquiry with the California Departinent of Industrial Relations. Developer shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774-1776 of the Labor Code in regards to payment of prevailing wages and to provide the City of Redding and Department of Industr-ial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City of Redding along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payinent. B. No Contractor, sub-contractor, or consultant may be listed on a bid proposal for a public works project unless registered with the Deparhnent of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor, sub-contractor,or consultant may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors, sub-contractors, or consultants must furnish electronic certified payroll records to the Labor Cominissioner. This requirement applies to all public works projects, whether new or ongoing. Developer is further advised that the work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations. C. Developer shall cause the language set forth herein to be included in the Construction Contract and contract with the Construction Manager. � 12.., IN WITNESS WHEREOF, City and Developer llave executed this Reiinbursement Agreement on the days and year set forth below: CITY OF REDDING, A Mun' ' rpor ion Dated: -`��,��.- --�-- , 2021 - ��r By: ERI . RESNER, MAYOR ATTEST: APPROVED AS TO FORM: �� BARRY E. DeWALT , � City Attorney ,t �, �� . � �� q ., � , � �� ,� AMELA MIZE, City Clerk By: �� REDDING SENIOR LIVING, LLC � � � i Dated: , 2021 By: DOU AS SPRO Tax ID No.: �� -�-`�`� � 13� � � � ; _ _ �� 9,�'�`' � 9�G ., � _ �F�� 2 o��v PRO �� y EXISTING PROPOSED 12" WATER � � - 18" WATER J" � �� _ � �Q' DRIVE �_ : �HIL� .� _ O _ , �� ' E � � EXISTING �' 12" WATER ' �.. 4r / � I . _ _ _ , _ _ � F.. �w Q _ � 2 _ EXHIBIT A THE SPRINGS WATER LINE EXHIBIT BY SHARRAH DUNLAP SAWYER, INC. Cis�il Fn„in=.erin„�Land Plennina•Sur�r cina 2i^,lap��ing !<uidscapy�:�ic.hii�cture•Prr�sr�ni�7ti�m Grdphit< 3�0 F{a�tn"II:h;�,ft��ddin;;,CA 9606_ - .:50.1?7.1;)=vuic:e• ,i0.'21.9 tn9 fas�ini��(<:d:vnz:in._nr.":;�ni:� TO BE USED AS A VISUA� AID ONLY. LINEWORK DOES NOT REPRESENT, NOR IS IT INTENDED TO REPLACE SURVEY OR RECORDED PROPERTY INFORMATION. DATE: MAY 28, 2021 SCALE: 1"=300' SHEET 1 OF 1 - � �t�+�w ', �� K. � � Exhibit B1 $ �� o.: PAY E � {L��R A D A�'��IALS} �� D K�lO�ALL ii�E� BY TFiESE Pf�ES�N7S: TNA'T 1N�IEREAS, the City Council of the City of Redding, a Municipal Corporation, in the State of California, as Owner, has on , conditionally awarded to as Principal, a Contract to do and perform the following work to-wit: as will more fully appear in said Contract, the terms and conditions of said Contract being fuliy incorporated herein by this reference; and 4NHE�EAS, under the terms of the Contract and pursuant to Chapter 5 of Title 3 of Part 6 of Division 4 of the Galifornia Civil Code (commencing with Civii Code Section 9550), Principal is required to furnish a good and sufficient payment bond to secure payment of the claims to vvhich reference is made in Civii Code Section 9554; �QW, TFi�REFOR�, we, #he Principal and a corporation duly authorized and admitted to transact business and issue surety bonds in tne State of California, hereinafter called Surety, are held and firmly bound unto the Owner, and unto all persons or entities entitled to assert a claim against a payment bond under any of the aforesaid Civil Code provisions in the penal sum of Dollars ($ } lawful money of the United States of America, for the payment whereof, weli and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointiy and severally, firmly by these presents. THE CO��IT'ION UF 'THIS O�LIG,4TIOA1 IS SUCk9, that if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any materials or equipment furnished or used in performance of the Contract, or for any work ar labar therean of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, o�for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or the Employment Development Department from the wages of employees of the Contractor and ail subcontractors with respect to such vvork or labor, then the Surety shall pay the same in an amount not exceeding the sum specified above. If suit is brought upon this bond, Surety shall pay, in addition to the abave sum, all costs, expenses and fees, including attorney's fees, reasonabiy incurred by any party in successfuliy enforcing the obiigation secured hereby, all to be taxed as costs and included in any judgment rendered. Shouid the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect, and shall bind Contractor, Surety, their heirs, executors, administrators, successors and assigns,jointiy and severally. It is hereby stipulated and agreed that this bond shall inure to the benefit of ail persons, companies, corporations, political subdivisions, State agencies and other entities entitied to assert a claim against a payment bond under any of the aforesaid Civil Code provisions, so as to give a right of action ta them or their assigns in any suit brought upon this band. The Surety, tor value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shali in any way affect its obligations on this bond, and it does hereby vvaive natice of any such change, extension, alteration ar addition. Furthermore, and for valuable consideration, Surety hereby waives the provisions of California Civil Code Sectians 2819, 2845, and 2849. IN �JITNESS 1�h1EF2EOF, we have hereto set our hands and seals on this day of APPRCIVED AS TO FO�t�: Principai City Attorney By: ��'�' (Seai} Pamela Mize, City Clerk Name of Surety gY� (Seal) Attorney-I n-Fact 1 Exhibit B2 ' Bond No.: � � . � r �U L'C PER�oR �E KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Redding, a Municipai Corporation, as Owner, at its regular meeting held on , has awarded to as Principal, a contract to do and perform the following work to-wit: as will more fuliy appear in said contract, the terms and conditions of said contract being fuliy incorporated herein by this reference. WHEREAS, said Principal is required under terms of said contract to furnish a bond for the faithful performance of said contract; NOW,THEREFORE,we, the Principal and as Surety, are held and firmly bound unto the Owner in the sum of Dollars$ lawful money of the United States of America, for the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATIOPI IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shail in ail things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any aiteration thereof as there provided, on his or their part, to be kept and perFormed at the time and in the manner therein specified and in ali respects according to their true intent and meaning and shaii indemnify and save harmless the Owner, its officers, and agents as therein stipulated then this obligation shaii become null and void; otherwise it shall be and remain in full force and virtue. As the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. If said Owner shall require any further or other bond for its protection in the premises, such further or other bond shall be furnished by the Principal with Surety or Sureties satisfactory to the Owner within ten days after notice of such requirement is given to the Principal, and in case of failure on the part of the Principal to comply with said requirement, the Owner shali have the right, at its option, to terminate said contract with said Principal. IN WITNESS WHEREOF,we have hereto set our hands and seals on this _ day of , APPROVED AS TO FORM: Principai City Attorney By: ATTEST: (Seal) Pamela Mize, City Clerk Name of Surety BY� {Seal) Attorney-In-Fact 2 Exhibit B3 ° ��; �Oh4� NC�.: � � ` � , : � - � n.� ' �� ,��,�,�;; �� . F�PVO1�l ALL��P� �Y'TS�E�E �RESEPd"f>: '�FiA'f �, the undersigned, as Principal, and a corporation organized and existing under the iawrs af the State of California, and authorized to do business in the State if California, as Surety, are heid and firmly bound unto the CITY OF REDDING, hereinafter called Obligee, in the sum t ) Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, we do hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHER�AS, said Principal has heretofore entered into a contract writh the Obligee above named for , and, �kJN�R�AS, the work called for under said contract has been completed and accepted by said Obligee: N4�, THER��C3RE, TH� CO�DIT'ION C)� 'fMBS O�L.9GATIOtU IS SUC�6, that if said Principal shali, for a period of one year(s) from and after the _ day of , . \indemnify the Obligee against any loss or damage directly arising by reason ofi any defect in the materiai or+rvorkmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise the same shail remain in full force and effect. PROVId3ED, F�OWEV�R, that in the event of any default on khe part of said Principai, vvritten statement of the particular facts showing such defauit and the date thereof shaii be delivered to the Surety by registered mail promptly and in any event �nrithin ten (10) days after the Obiigee or his represenfiative shall learn of such default; and that no claim, suit, or action by reason of any defauit of the Principai shall be brought hereunder after the expiration of thirty (30) days from the end of the maintenance period as herein set forth. I�t WI'T��SS 1�/F9�REOF,we have hereto set our hands and seals on this day of A�PPRQ!/�D AS 1'O �OR�: Principal City Attorney By: A'�TESl': (Seai) Pamela I�ize, City Clerk PVame of Surety BY� {Seal) Attorney-I n-Fact 3 � � � ��" CITY OF REDDING � � `y REPORT TO TI�E CITY COUNCIL MEETING DATE: August 3, 2021 FROM: Chuck Aukland, Public ITEM NO. 4.11(a) Works Director ***APPROVED BY*** ,� � � � ukl�n�l,H'ciblic Wc�aks L'�ireGt ' 7(�2/2421 ry ip}�in,�C"i an�^� 71?G/2421 caulzland@ci.redding.ca.us btippin@cityofr�edding:org SUBJECT: 4.11(a)--The Springs Waterline Reimbursement Agreement Recomrrcendation Authorize the following actions relative to the Reimbursement �greement (Agreement) with Redding Senior Living, LLC for the design�and construction of a w�terline from the intersection of Masonic Boulevard at Lake Boulevard to State Route 273/North Market Street to Hilltop Drive for the Springs Development project: (1) Approve the Agreement in the amount c�f$1,400,Ot�0; and (2) Autharize the City Manager to approve aclditiio�tal increases based on the construction bid amounts up to a total of$�00,00. �� Fiscal Impact The design and construction of the waterline is estimated to total $1,400,000. The Water Utility Division has su��cient funds appropriated in the approved Fiscal Year 2021-22 budget for this proj ect. Alternative Action The City Council (Council) may choose not to approve the reimbursement agreement with Redding Senior Living, LLC, for design and construction of the waterline. The Springs development project would not meet the fire flow requirements for the facility and would need to pursue an alternative design to meet the requirements prior to occupancy. The City of Redding (City) would design,bid, and construct the waterline at a later date. Report to Redding City Council July 29, 2021 Re: 4.11(a)--The Springs Waterline ReimbursementAgreement Page 2 Background/Analysis As part of the Springs Project, the developer, Redding Senior Living, LLC, was conditioned (PD-2019-00542) to construct the waterline required for the project. The waterline is a project identified in the City's Water Master Plan and current Capital Improvement Plan (CIP). By installing the waterline, the City's Water Utility is able to move more water from the Buckeye Pressure Zone into the Foothill and �Iilltop/Dana Pressure Zones. These improvements will better serve the surrounding City residents and provide necessary capacity and fire flow needed for future planned growth. Per the Redding Municipal Code (RMC) Section 14.08.130, B.4, C: "If any additional construction is necessary to extend lines frorn existing mains to the applicant's property or subdivision, it shall be constructed �t applicant's cost, 'unless the City Council authorizes extension of such main at City expense be�ause of special circumstances such as... (c) conformance to the wate��master plan." RMC Section 16.20.090 generally provides for reimburseme�t of project costs cvhen a condition of development requires construction of certain facilit�rimprovements speci�ied�in the City's CIP. The agreement has been developed in accordance with Council Policy 1502, Developer Participation Agreements. Through the attached agreement, the City will review the design and construction of the waterline for conformance to City of Redding Construction Standards and reimburse the developer for the waterline at cornpletion. The agreement has been appr�ved as ta farm by thexCity Attorney. Council Priority/City 1llant�ger �oals � Government of the 215� 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 Redding Municipal Coz�e Chapter 14.08.130 - Extension of mains (available online) Council Policy,No. 1502 - Developer Participation Agreements (available online) Agreement(avaiiable online) ireMNo. �6 -4 CITY OF REDDING MEETINGDATE 7_�� REPORT TO CITY COUNCIL APPROVED BY DATE: June 14,2007 DEPARTME TOR � ` CODE: L-010-211-035/G-030-010/L-010-230 CI NAGER FROM: Development Services Department SUBJECT: Public Hearing re "The Springs at Redding" Planned Development Application PD-9-06, General Plan Amendment GPA-10-06, and Rezoning Application RZ-15-06 on Property Located at 7 and 28 Hilltop Drive and 5 Canada , ,, Drive by Willow Creek Management Company , ,} 3; � �� ,�. �' } RECOMMEII��170N r � , t It is the recon�'�ndation of the P1ann�i�5 Commission and staff that the City Council: 1. Adopt the��t Mrtig��ed Negati��.?eclaration. 3 s � '� � 2. Approve Generai j�'�an�Am��ent App��ion GPA-10-06 by adoption of the attached resolution. ; , ; } 3. Approve Rezoning Applica��RZ-15 06��acce��attached rezomng ordinance for first � reading by title only. ' � / 1 5.' 1 � ,� .t:n.'j�'`' y t , 4. Approve Planned Development Plan P��F6 for "Th� �prings at Redding" Planned • , , Development senior facility. '�' 3 t 4 %,'�+'.li �3 }.� .t� 5 t BACKGROUND ` `�' ��' } � �, f�� ,t � � x��.�. , At its regular meeting of June 12,2007,the Planning Commission u��imous��ed approval of the applications and planned development plan constituting ��,°Sg�� `edding Planned Development. , � � } , The Springs project consists of multiple related applic��a��ri�"�`"that, if approved, would allow the construction of a 229-unit senior residential facility near the northerly terminus of Hilltop Drive. The General Plan amendment application is a request to amend the General Plan designation of the project site from "Neighborhood Commercial"and "General Commercial"to "Residentia1, 10 to 20 units per acre." T'he rezoning application is a request to rezone the project site from "NC" Neighborhood Commercial District and "GC"General Commercial District with the "PD"Planned Development Overlay District to "RM-15-PD" Residential Multiple Family District.The existing "PD" Planned Development Overlay District would be retained. The proposed project is a residential living and care facility that will offer a continuum of living options. It is designed as a senior residential mixed community for persons over the age of 55 years, although the applicant, who operates other similar facilities, forecasts that the average age of Report to City Council 2 June 14,2007 residents will be approximately 80 years of age. The commurrity would accommodate a wide range of residents that vary from fully independent seniors and seniors who require some level of assistance in their daily living to those who require care in the "memory care" wing. The development's main structure would consist of a 212,000-square-foot building that ranges from two to three stories,attaining a maximum height of 42 feet. This main building will house three distinct living arrangements, as well as necessary support and ancillary uses. The residential component includes: 1. Independent living: Three-story,77 rooms(104 beds),arranged amund an open courtyard. 2. Assisted living wing: Three-story,87 rooms (96 beds),attached to the main facility 3. Memory care wm� ��uo story,34 rooms , In addition, the �c��^��x includes �� townhouse-style units arranged in a one- and two-story con�guration��`will be used for t��who desire a more fully independent living arrangement. ti� , The attached��,'�ned Development�,��booklet provides a detailed illustration of the project site , :s plan and arch��ural features. Attaclu�ent "F"provides additional project information. p ISSUES � � � �y« .' ;; Should the Council approve the��oprrtent p1��p��sal along with the related General Plan and zoning changes? � 1'he objective of the project is t��vide a ca��J��d ind��►��dent and assisted living environment for persons SS years of age or old��r;��r m��b�ective is approached and other significant aspects of the project are d��`�ssed b�� Issues ��arding street access and street impmvements are discussed in Attachment "F " ��iscussion o��i��ironmental issues is provided f in the attached environmentai Initial Studyt��ment "J'7. � ' �, t r GENERAL PLAN AND ZONING CONFOPSr��CE/D�`��' ;�,��Stlrig"��ghborhood Commercial�� General Plan and zoning of the majority of the ten ac��`preclude��lential development. The reqnested General Plan amendment and rezoning are necessary to,��t�w the d��±�ment of this senior residential facility. The accompanying "PD" Planned Dev��m��y District limits the use to a senior residential facility. In other words,shc�uld this��`��raject not proceed,any subsequent project must conform to the Planned Devel��i"7tiless a Plan amendment were approved by the Planning Commission. However,the�i��;��ndent living units are subject to the City's density limits,and those components of the project are consistent with the proposed "RM-15" zoning district. The proposal for a senior residential facility is supported by the following policy of the Community Development and Design Element of the General Plan. CDDIIE: Allow day-care facilities, churches, residential care facilities for the elderly,public and private schools, small grocery stores and other neighborhood serving uses, and other ancillary uses in residential neighborhoods,provided that they are located and designed to be compatible with the neighborhood. Report to City Council 3 June 14,2007 The planned facility meets all zoning standards in the "RM" Residential Multiple Family District, including building setbacks and height,building design,and landscape. A minor parking lot setback encroachment is proposed,but overall,the parking setbacks exceed the minimum requirements to a considerable degree. In making its recommendation,the Planning Commission determined that the project will have minimal impact to the surrounding neighborhood with regard to noise,lighting, and view obstructions. PLANNED DEVELOPMENT ZONING The Planned Development zoning of the property was applied in 2002 with the adoption of the Zoning Map to ensure that development of this site was compatible with nearby residential development and that the design of a project at this highly visible location was exemplary. In the o��,��f staff and the Commission,the project meets the design intent of the "PD" District b��"��ality architectural design,on-site services,ample landscaped areas with walkiz��i''s,a focal ent��ment(fountain),and decorative paving material at the main � � project entnes�� y�� r � < ENVIRONII�`��TAL DETERMIN��N , An environm�� Initial Study and Draft Mitigated Negative Declaration for the project were prepared by staf��;��t��.�d to pot��`�;1��ffected public agencies. A notice of the preparation of the environmenta��t�s w��rt��t�rrounding property owners. The environmental documents conclude that with a��,��tion of fun��ental City development standards,the project does not have the potential to s��'icantly affec��environment. �> , , REQUIRED FINDINGS =; . , ' �i' j �='r y i ,,,ti4 A General Plan amendment and rezonirig��are le��'�e acts ar��therefore, specific findings for approval are not required. Approval of th� ��ject by the ��y Council will necessitate a determination that certain findings are m e�� for the en��ment;�1 document and planned "� development plan. These findings are ou,��d r�i�ttachme��;��" anc��," respectively. � , ALTERNATIVES AND IMPLICATIONS OF TH�'A��ERNAT.��S � At the conclusion of the public hearing,the City Council has the��+�wa�� iatives: , �, ,,. � 1. Approve the project by taking all the fol�� 'i�s. � (Planning Commission Recommendation) `` � a. Adopt the CEQA Findings and Mitigated Negative Declaration prepared for The Springs project. b. Approve General Plan Amendment Application GPA-10-06 by adoption of the attached resolution c. Approve Rezoning Application RZ-15-06 and accept the attached ordinance for first reaciing by title only. d. Approve Planned Development Plan Application PD-9-06 subject to the attached conditions upon a determination that the necessary findings for approval under City Zoning Ordinance Chapter 18.53.060 are in evidence. Report to Ciry Council 4 June 14,2007 2. Continue the item for additional information or refer the item back to the Planning Commission for input on any project modifications considered necessary by the City Council. Minor modifications could be incorporated into a motion for approval. 3. Deny the project based upon a determination that the General Plan change is inappropriate or that the required CEQA findings or Planned Development findings are not in evidence. If this alternative is selected, the Council should identify the basis for this determination in the motion. CONCLUSION It is the opinion of��'�}��:r�ing Commission that the project meets the expectations of a lanned develo ��'nd will en��`��the housin o ortunities in the communit Further,the P P�� , g PP Y• design mirumi��„�npacts to the su�ding neighborhood and represents a high quality in its architectural ��gn. It is staff's op��n that with application of the attached conditions, all necessary fint�`��;s for approval relate��='CEQA and the planned development plan are in evidence. It is the reco�endation of the Planr�ing Commission and staff that the Council approve the Negative Decl�;��n and approve "The Springs at Redding" Planned Development as outlined in Alternative 1. If��curs,t��ed rezoning ordinance is offered for first reading by , , , title only �� > �� ' } 1 �� ATTACHMENTS ft � A. Conditions of approval �, ,� � B. CEQA findings °` ' ' � t � ��` � ,��.�� '�;; r'� C. Planned Development Plan findmgs�� v '� ,: � ,� ,, D. General Plan Amendment Resolution/Ma� y y,�� E. Rezoning Ordinance/Map � 7Y' � � 3 , F. AdditionaZ project information � f ' } G. Existing land use map �� }� H. Existing General Plan map � ' �� '` � I. Existing zoning map ��° ,; J. Negative Declaration/Initial Study ' b:. K. Planned development plan booklet } }�t ` ' � , , }. £ 4 4 KM jh ' �, , STAF�PD906-GPA 1006-RZ1506-Springs-KM-CC.wpd c: Fee Stubblefield Dean McGregor Ron Mygrant Sharrah Dunlap Sawyer,Inc.