REVISED-3
CITY OF REDLANDS
CITY COUNCIL
SUCCESSOR AGENCY
A G E N D A S
APRIL 5, 2022
PAUL BARICH
Mayor
EDDIE TEJEDA
Mayor Pro Tempore
DENISE DAVIS
Council Member
JENNA
GUZMAN-LOWERY
Council Member
MICK GALLAGHER
Council Member
***
JEANNE DONALDSON
City Clerk
ROBERT DAWES
City Treasurer
CHARLES M. DUGGAN JR.
City Manager
DANIEL J. McHUGH
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
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A G E N D A
The following information comprises the agenda for the regular meetings of the City Council of the City of Redlands and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California. Although the meeting is open to the public, seating has been reduced to allow for social distancing.
TUESDAY, APRIL 5, 2022
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):
Dial 1-877-853-5247
Enter the Meeting ID 824 4618 0187
Should the City lose connectivity on Zoom, we will halt the meeting until it can be restored. To check on the status of remote connectivity in the event of an outage, go to the City’s website at www.cityofredlands.org or to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.
In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.
Anyone desiring to speak on an agendized item at this meeting may do so during the consideration of that
item. Due to time constraints and the number of persons who may wish to give oral testimony, public comments will be limited to three (3) minutes.
To provide comment while participating from Council Chambers:
Although it is not required, speakers are encouraged to submit a "Speaker Sign Up Sheet" before the meeting is convened. Forms are available in the Office of the City Clerk or in Council Chambers.
After the meeting has convened, you may place the speaker form in the basket at the table along the north wall of the Chambers. Please do not disturb the City Clerk while the meeting is in progress.
To provide comment through Zoom (on a computer, laptop, or smart device):
Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak
To provide comment via audio only (cell phone or landline):
Dial *9 to "Raise Hand". The moderator will identify you by your area code and last 3 numbers of your telephone number when it is your turn to speak.
PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC
COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
5:00 P.M.
A. Call City Council Meeting of the City of Redlands to Order.
B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
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C. Recess City Council Meeting to a Closed Session
1. Conference with labor negotiator - Government Code §54957.6 (Assistant City Manager McConnell)
Agency Negotiator: Assistant City Manager McConnell
Employee Organizations: Redlands Association of Department Directors Redlands Association of Management Employees
Redlands Association of Mid-Management Employees
Redlands Association of Safety Management Employees
Redlands Association of Fire Management Employees
Redlands Police Officers Association
Redlands Professional Firefighters Association
Redlands Civilian Safety Employees
Teamsters Local 1932 Redlands Chapter
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6:00 P.M.
D. Reconvene City Council Meeting
E. Invocation by Council Member Guzman-Lowery - Pledge of Allegiance (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.)
F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations
1. Presentation of a proclamation declaring the month of April 2022, as DMV/Donate Life California to John VanCampen, representing One Legacy (Mayor Barich)
2. Presentation of a proclamation declaring April 1, 2022, as The United States Coast Guard Auxiliary 45th Anniversary to Denver Drieberg, representing the United States Coast Guard Auxiliary (Mayor Barich)
3. Presentation of a proclamation declaring April 2022, as Arts, Culture, and Creativity Month to Margo Mullen, who represents the Arts Council of San Bernardino County, and presides as Chair of the Redlands Cultural Arts Commission (Council Member Davis)
H. Public Comments - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.)
I. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)
1. Approve minutes of the regular meeting of March 15, 2022 (City Clerk Donaldson)
2. Authorize issuance of a proclamation for calendar year 2022 recognizing the celebration of Arbor Day in the City of Redlands (Mayor Barich)
3. Authorize issuance of a proclamation declaring the month of April 2022 as DMV/Donate Life California (Mayor Barich)
4. Authorize issuance of a proclamation declaring April 1, 2022, as The US Coast Guard Auxiliary 45th Anniversary (Mayor Barich)
5. Authorize issuance of a proclamation declaring April 10, 2022, as Dolores Huerta Day (Mayor Pro Tem Tejeda)
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6. Authorize issuance of a proclamation declaring the month of April 2022 as Arts, Culture, and Creativity Month (Council Member Davis)
7. Approve recommendation for appointments to the Citizens' Measure T Oversight Committee (Mayor Barich)
8. Approve recommendation for an appointment to the Cultural Arts Commission (Mayor Barich and Council Member Davis)
9. Approve Resolution No. 8316 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)
10. Direct Staff to Review the Conflict of Interest Code for the City of Redlands (City Clerk Donaldson)
11. Disclosure of Settlement and Release Agreement - Chase Management, Inc.; San Bernardino County Superior Court Case No. CIVDS1907758 (City Attorney McHugh)
12. Approve an agreement with the County of San Bernardino for the use of Redlands' local allocation of National Opioid Settlement Funds (City Attorney McHugh)
13. Authorize Mayor Barich to sign a letter on behalf of the City of Redlands in support of AB 1627 and AB 1628 (Assistant City Manager McConnell)
14. Approve the grant award from the FY 2020 State Homeland Security Grant Program, and an additional appropriation of $23,568 to the Police Department (Police Chief Catren)
15. Approve entry into a Mills Act Contract with Debashish Ghosh and Atishma Kant for the property located at 225 East Fern Avenue, and determine that approval of the agreement is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15061(b)(3) (Development Services Director Desatnik)
16. Notice to conduct an annual review of approved Development Agreements in accordance with Chapter 18.220 of the Redlands Municipal Code (Development Services Director Desatnik)
17. Approve the First Amendment to the Professional Services Agreement with Willdan Engineering to increase the original agreement from $29,500 to a total aggregate amount of $86,400 for Building Official Services while the Development Services Department recruits to fill the vacant Chief Building Official position (Development Services Director Desatnik)
18. Approve a sole source purchase order with Cummins Sales and Service in the amount of $57,011.01 for in-frame repairs to a solid waste collection truck (Assistant City Manager Boatman)
19. Approve a request to hold the Redlands Firefighter's Car show event hosted by the Redlands Professional Firefighters Association on May 29, 2022 at Ed Hales Park and along State Street; authorize street closures; approve a request for in-kind support in the amount of $6,648.00; authorize the sale and consumption of alcoholic beverages at the event, and determine that the event is categorically exempt from environmental review pursuant to Section 15301 of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
20. Reject all bids received for the On-Call Sewer Collection System Repair Services (Municipal Utilities and Engineering Director Harris)
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21. Authorize a contribution of $70,099.25 to San Bernardino Valley Water Conservation District's Habitat Conservation Trust for Wash Plan permitting fees, and approve an additional appropriation in the amount of $70,099.25 (Municipal Utilities and Engineering Director Harris)
22. Reject all bids received for the Orange Blossom Trail Phase 3, Project No. S241001, and direct staff to solicit new bids for the project (Municipal Utilities and Engineering Director Harris)
23. Disclosure of Settlement and Release Agreement - S.B.C.W. Consulting, Inc.; San Bernardino County Superior Court Case No. CIVDS2015309 (City Attorney McHugh)
J. Communications
1. Presentation by Accelerate Neighborhood Climate Action on the work the organization is doing within the City of Redlands in relation to the effects of climate change (Mayor Pro Tem Tejeda)
2. Annual Report from Chairman Ryan Johnson representing the Parks and Recreation Advisory Commission (Assistant City Manager Boatman)
3. Annual Report from Commissioner Kelly McGrail representing the Cultural Arts Commission (Assistant City Manager Boatman)
4. Discussion and possible action relating to the City Clerk's compensation and consideration of Resolution No. 8327 (Council Member Gallagher)
K. New Business
1. Consideration of an agreement with Lenslock, Inc. in the amount of $478,065 for body worn camera equipment and online services; approve an additional appropriation of $370,250 from the General Fund's unassigned fund balance (Police Chief Catren)
L. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
M. Adjournment
The next regular meeting of the City Council will be held on April 19, 2022
N. Successor Agency of the former Redevelopment Agency of the City of Redlands
1. Call regular meeting of the Successor Agency Board of Directors to order.
2. Public Comments
(At this time, the Agency Board will provide an opportunity for the public to address them on any subject, within the jurisdiction of the Successor Agency of the former Redevelopment Agency of the City of Redlands, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.)
3. Approve minutes of the regular meeting of March 1, 2022 (Secretary Donaldson)
4. Adjourn Successor Agency Board of Directors' meeting The next regular meeting of the Agency will be held on May 3, 2022
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If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
(28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session begins.
Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.
Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcasted at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Agendas, staff reports and minutes of the City Council of the City of Redlands are available on the Internet:
http://www.cityofredlands.org
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City Council/Successor Agency Meeting I. 1.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve minutes of the regular meeting of March 15, 2022 (City Clerk Donaldson)
MOTION:
I move to approve the minutes of the regular meeting of March 15, 2022.
Attachments
Minutes of the regular meeting of March 15,2022
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MINUTES
Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on March 15, 2022 at 5:00 P.M.
Present: Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mick Gallagher, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Dan McHugh, City Attorney; Robert Dawes, City Treasurer; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Chris Catren, Police Chief; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Intermin Fire Chief
Mayor Barich called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.
PUBLIC COMMENT
None forthcoming
CLOSED SESSION
Conference with legal counsel: Anticipated Litigation - Government Code §54956.9(d)(2)(e)(3) (Assistant City Manager Boatman)
One Case:
a. Facts and circumstances: Receipt of threatened litigation against the City by the American Youth Soccer Organization relating to the operation of the Redlands Sports Park.
Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property: APN 0292-166-08-0000
Agency Negotiators: Charles M. Duggan, Jr.; Chris Boatman Negotiating Party: Andrew Christopherson, The Grove School Under Negotiation: Terms of payment and price of possible lease amendment or purchase of property
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Conference with labor negotiator - Government Code §54957.6 (Assistant City Manager McConnell)
Agency Negotiator: Assistant City Manager McConnell
Employee Organizations: Redlands Association of Department Directors Redlands Association of Management Employees
Redlands Association of Mid-Management Employees
Redlands Association of Safety Management Employees
Redlands Association of Fire Management Employees
Redlands Police Officers Association
Redlands Professional Firefighters Association
Redlands Civilian Safety Employees
Teamsters Local 1932 Redlands Chapter
RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:00 P.M. with an invocation by Mayor Pro Tempore Tejeda followed by the pledge of allegiance to the American flag.
CLOSED SESSION REPORT
City Attorney McHugh announced that Council Member Davis recused herself on Closed Session Item C-2 due to her ownership of property within 500 feet of the property under negotiation. Furthermore, he announced that no reportable action was taken during closed session.
PRESENTATIONS
Lifesaving Award
Interim Fire Chief Sessler described the brave actions of Nicholas Miller and Kacey Reineman, who acted selflessly to save a woman from a house fire. Chief Sessler presented the lifesaving award to Mr. Miller. Ms. Reineman was unable to attend tonight's meeting and will receive her award at a later date.
PUBLIC COMMENT
Public comments were presented either in-person, via Zoom, via cell phone or landline.
Various Thoughts
- Dennis Bell questioned whether the Kiwanis Club had gained the approvals needed to post No-Parking signs that were placed throughout the City in connection with the Run Through Redlands event. He thought the Redlands School District appeared to be ignoring certain systemic issues related to the many charges of employee sexual misconduct, and he complained that a Metrolink public meeting, scheduled via Zoom, conflicted with tonight's Council meeting.
Property Concerns and the U of R
- Steve Rogers referenced an email communication he sent to the City Council earlier this evening, expressing his concerns of possible real estate fraud in connection with two different properties and the University of Redlands.
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CONSENT CALENDAR
Minutes
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved the minutes of the regular meeting of March 1, 2022.
Vote: 5 - 0 Passed
Proclamation Vietnam War Veterans Day
Mayor Barich was grateful for all Vietnam War Veterans and was pleased to announce the Proclamation would declare March 29, 2022, as Vietnam War Veterans Day. As a Vietnam War veteran himself, Council Member Gallagher appreciated the Mayor's acknowledgment, and he heartily added, a "Welcome Home" to Veterans.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved the issuance of a proclamation declaring March 29, 2022, as Vietnam War Veterans Day.
Vote: 5 - 0 Passed
Proclamation Cesar Chavez Day
Mayor Pro Tem Tejeda highlighted the work of Cesar Chavez who tirelessly fought to improve the plight of the farmworker, and he explained the City had a history rich in agriculture, located in the largest navel orange producing regions in the world.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved the issuance of a proclamation declaring March 31, 2022, as Cesar Chavez Day.
Vote: 5 - 0 Passed
Resolution No. 8312 Remote Teleconference Meetings
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved Resolution No. 8312 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days.
Vote: 5 - 0 Passed
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Parks and Recreation Advisory Commission Appointment
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously appointed Justin Weekley to serve the remainder of a four-year term on the Parks and Recreation Advisory Commission ending January 6, 2026.
Vote: 5 - 0 Passed
Adopt Ordinance No. 2931 Council Member Election District Boundaries
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously adopted Ordinance No. 2931, amending Chapter
2.03.030 of the Redlands Municipal Code relating to the adjustment of current City Council Member Election District Boundaries.
Vote: 5 - 0 Passed
Resolution No. 8309 Statement of Investment Policy
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved Resolution No. 8309, establishing a Statement of Investment Policy and rescinding Resolution No. 8035.
Vote: 5 - 0 Passed
Settlement Agreement Disclosure
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved the public disclosure of details of an Agreement of Settlement and General Release between the City of Redlands and Heidi Kirkendoll. Under the terms of the agreement, the City agrees to pay Ms. Kirkendoll $20,000 to settle and dispose of disputes and controversies associated with a civil action pending in the San Bernardino Superior Court and entitled, Heidi Kirkendoll, et al., Case No. CIVDS 1933311.
Vote: 5 - 0 Passed
Emergency Resolution No. 8065 Report
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved the Report regarding Emergency Resolution No. 8065 proclaiming the existence of a local emergency in response to COVID-19 (Coronavirus Disease 2019).
Vote: 5 - 0 Passed
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Resolution No. 8289 Investment Authority Delegation
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved Resolution No. 8289 delegating investment authority to the City Treasurer pursuant to Government Code Section 53607.
Vote: 5 - 0 Passed
Resolution No. 8306 Public Records Destruction
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved Resolution No. 8306 approving the destruction of certain Finance/ Revenue department public records.
Vote: 5 - 0 Passed
Alcohol Consumption Request at Sylvan Park
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously determined that approval of the request is exempt from environmental review pursuant to Section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act; and approved a request for the serving and consumption of alcoholic beverages at Sylvan Park for Carol Jones' Retirement Party to be held on June 18, 2022.
Vote: 5 - 0 Passed
Purchase Order Modifications
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved a modification to the purchase order with Universal Protection Service, LP, Doing Business As: Allied Universal Security Services to amend the total to an amount not to exceed $81,071.39, and to the purchase order with Executive Facilities Services to amend the total to an amount not to exceed $94,916.70.
Vote: 5 - 0 Passed
General Plan Conformance
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously determined that the Purchase and Sale Agreement for Assessor’s Parcel No. 0168-091-07-0000 is exempt from review under the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State Guidelines implementing CEQA; accepted the Report and conclusion of the Planning Commission's findings of conformance with the City of Redlands General Plan; approved the Purchase and Sale Agreement with San Bernardino Valley Municipal Water District for the acquisition of Assessor's Parcel No. 0168-091-07-0000 in the amount of $22,500 and approved an additional appropriation of the same.
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Vote: 5 - 0 Passed
Amending Seismic and Structural Assessment Agreement
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved Amendment No. 1 to the Agreement with Richard Brady & Associates, Inc. for the performance of a seismic and structural assessment of the City's water infrastructure. The amendment extends the date for termination of the services to July 31, 2022.
Vote: 5 - 0 Passed
Amending Environmental Site Assessment Agreement
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously determined that approval of the Fourth Amendment to the Professional Services Agreement with Rincon Consultants, Inc. is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the Fourth Amendment to the Professional Services Agreement between the City of Redlands and Rincon Consultants, Inc. to continue providing environmental site assessment services at the Alabama Street Septage Disposal Ponds.
Vote: 5 - 0 Passed
Amending Agreement Engineering and Traffic Surveys
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved Amendment No. 1 to the Agreement with RK Engineering Group, Inc. to perform Engineering and Traffic Surveys on various streets within City limits.
Vote: 5 - 0 Passed
Police Department's Military Equipment Use Policy
As public comment, Steve Rogers suggested the City consider donating excess military equipment to Ukraine. City Manager Duggan clarified that currently, the only equipment worthy of donating was the one just purchased, which is a replacement for a vehicle considered inoperable.
On motion of Council Member Jenna Guzman-Lowery, seconded by Mayor Pro Tempore Eddie Tejeda, the City Council unanimously agreed to receive and file the Redlands Police Department's Military Equipment Use Policy.
Vote: 5 - 0 Passed
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RADD Side Letter
On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council unanimously approved the Side Letter between the City and the Redlands Association of Department Directors (RADD), providing Chief Sessler up until August 31, 2023, to utilize or sell his earned leave while continuing to accrue leave.
Vote: 5 - 0 Passed
Proclamation Commending Maestro Frank Paul Fetta
Mayor Barich recognized the contributions of Maestro Frank Paul Fetta with a Proclamation commending his over 40 years of service to the Redlands Bowl.
On motion of Mayor Paul Barich, seconded by Mayor Pro Tempore Eddie Tejeda, the City Council unanimously issued a Proclamation commending Maestro Frank Paul Fetta for over 40 years of service to the Redlands Bowl.
Vote: 5 - 0 Passed
COMMUNICATIONS
Video Series: Redlands Making Progress
Public Information Officer Baker introduced a new video series, entitled “Redlands Making Progress”. The series will spotlight the progress made on various capital maintenance work and this month's video highlighted the 2021 Citywide Sidewalk and ADA Ramp Replacement Project. Filming and production work was performed by Cheryl Williams, Multimedia Production Coordinator.
American Rescue Plan Act SLFRF
Maira Durazo, Grants Coordinator, explained that on March 1, 2022, the City Council directed staff to revise program options for Council’s consideration related to the use of State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA). The overall concept and categories of the programs remained unchanged with the revisions focused on the total program budget, number of beneficiaries to be served, benefit amount, and program duration. She provided the revisions and detailed the six categories that were recommended to receive funds: Assistance to Households, comprised of grocery gift card program and utility bill assistance; Services for Unhoused Persons, comprised of Steps 4 Life and a homeless coordinator; Business Economic Recovery, including Business Gift Voucher Match Program; Waste Water Rate Reduction; Premium Pay for Eligible Essential Workers and Pandemic Response, incorporating limited-term administrative assistants and public health response.
As public comment, Roger Uminski, Bev Ching, Erin Mancha and Dom Betro for Michael Ocasio, all from Citrus Counseling Services, spoke in support of redirecting some CC_March 15, 2022
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ARPA/SLFRF funds to local non-profit groups, who are equipped to provide assistance to those in need within the community. They pointed out that non-profits make up about 10% of the economy, already have proven programs in place and can efficiently offer services such as housing, food, clothing and mental health services. Heidi Mayer, of Youth Hope and Kyra Steward, of Redlands Family Service Association, highlighted their organization's work and advocated for Council to consider releasing some funding to non-profit groups, as this was an efficient way to help the community.
Council Members appreciated staff's efforts to rework the funding options and incorporate their input. They explored the options to include funding for non-profit groups and considered how best to accomplish that goal. They reviewed the grocery gift card program and wondered if there might be some overlap among the different programs. Council Member Guzman-Lowery supported setting aside funding for non-profits, especially as it related to homelessness. Mayor Pro Tem Tejeda stressed these funds will support people who are in urgent need. City Manager Duggan clarified that Council had flexibility to re-assign funding for non-profits and could shift funds between categories, but they must identify which category would be reduced accordingly. He announced the City was just awarded a $30 million State of California Homekey grant for development of an existing motel as supportive housing to provide shelter and services for the homeless population, one of 13 new Homekey projects statewide.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously directed staff to initiate the program and authorize the expenditures of $11,508,106 of American Rescue Plan Act SLFRF funds for the programs described; approved shifting up to $200,000 from the Public Health Response category, to be set aside for non-profit group assistance; approved two limited-term, full-time Administrative Assistant I/II positions for the administrative support and facilitation of community programs under the City’s American Rescue Plan Act SLFRF allocation; and authorized Finance to move American Rescue Plan Act SLFRF funds as needed in the future within the approved categories.
Vote: 5 - 0 Passed
FY 22-23 through FY 27-28 Strategic Plan
Assistant City Manager McConnell introduced Strategic Planning consultant, Ms.
Michelle Kennedy of BerryDunn to present the City's proposed Strategic Plan for FY 22-23 through FY 27-28. The proposed Plan resulted from a collaborative process that engaged the community. Residents and businesses were invited to rate how they thought the City was doing and to share their ideas and visions for the future of Redlands. The consultants reached out and met with a wide array of community stakeholders, including residents, community organizations and service clubs, business groups, educators, faith-based communities and churches, minority groups, youth organizations, labor groups as well as the City's advisory boards and commissions and City staff.
In December 2021, the City Council was presented the information gathered through the community engagement process and were led through the exercise of outlining a mission, a vision, core values and strategic priorities. Subsequently, a strategic planning workshop was held with the City's management team to develop objectives in support of the Council's strategic priorities. The Strategic Plan is a living document that will focus the CC_March 15, 2022
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City's energy and resources, ensure that City officials and staff are working toward common goals, establish consensus around intended outcomes and allow the City to regularly assess and adjust the organization’s direction in a changing environment. Ms.
Kennedy detailed each of the four strategic priorities. These included, PRIORITY A - Quality of Life: Ensure Redlands continues to be a vibrant community that honors its heritage; PRIORITY B - Public Health and Safety: Enhance services and programs so that all community members are safe, sheltered; PRIORITY C - Equity and Inclusion:
Cultivate wide-ranging community engagement and a work force that strives to ensure everyone in the community has access to City services and facilities; PRIORITY D - Sustainability: Preserve and protect what makes Redlands special by maintaining core services.
Ms. Kennedy briefly reviewed the City's next steps and showed an example of an implementation plan template and a quarterly and annual report template. City Manager Duggan stressed the need to establish achievable measures to meet these broader priorities and goals. Council Member Gallagher raised concerns with the City's existing infrastructure, as well as, the aging systems of Southern California Edison, and he wondered how these systems would meet the future demands that will come from population growth and the developments planned in the downtown area. It was agreed that infrastructure topics would best be handled under the priority labeled Sustainability. The Council Members thanked Ms. Kennedy for her thoughtful presentation and comprehensive work. As public comment, Dennis Bell complained the Strategic Plan was vague, ambiguous and light on details. Steve Rogers stated that the public was still waiting for the Transit Villages Specific Plan to be completed, and in his opinion, the General Plan should be used as the guide for the City's future, not this Strategic Plan.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously adopted Resolution No. 8315, approving the City of Redlands Strategic Plan for FY 22-23 through FY 27-28.
Vote: 5 - 0 Passed
Measure T Citizens' Oversight Committee Annual Report
Management Services/Finance Director Garcia introduced Chairperson Toni Momberger to present the annual report of the Measure T Citizens' Oversight Committee for FY 2020-21. The purpose of the one cent tax (approved by voters in November 2020) was to provide funding for safety services, fire protection, paramedics, 911 emergency response, addressing homelessness, police patrols and crime prevention, maintaining library services, parks, sidewalks and roads, keeping public areas well maintained and other general services. She provided a brief summary and background of the Oversight Committee, reviewed the City Council's list of prioritization for expenditures, recapped the Committee proceedings, and she highlighted financial summary information. The Committee found that funds were collected and appropriately spent in accordance with the City's corresponding fiscal year budget plan, to the extent that timing allowed and that the City’s FY 2021?22 General Fund Adopted Budget both promoted and maintained the City’s core services, including public safety.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick CC_March 15, 2022
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On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously agreed to receive and file the Annual Report from the Measure T Citizens' Oversight Committee for FY 2020-21.
Vote: 5 - 0 Passed
PUBLIC HEARINGS
Resolution Nos. 8313 and 8314 CFD Annexation No. 26
Mayor Barich opened the hearing and called on John Harris, of Municipal Utilities and Engineering, for a report on a request from Lennar Homes of California, LLC to annex territory to Community Facilities District No. 2004-1 for the purposes of performing maintenance of perimeter lettered lots, retention basins, and street trees adjacent to Tract Map No. 20257. City Clerk Donaldson agreed to hold the special election within the annexing territory on March 15, 2022. With no further comments, Mayor Barich closed the public hearing. City Clerk Donaldson conducted the special election and announced the results, which determined the required two-thirds of the votes cast (38-0) were in favor of levying the tax.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved Resolution No. 8313, calling a special election of the question of levying special taxes within the territory to be annexed to CFD No. 2004-1; and approved Resolution No. 8314, declaring the voting results of the special election were in favor of levying the tax, and therefore, the territory will be annexed to the CFD No. 2004-1.
Vote: 5 - 0 Passed
NEW BUSINESS
Auditing Services Agreement
Management Services/Finance Director Garcia offered details of an agreement for professional auditing services with The Pun Group to provide auditing services for fiscal years ending June 30, 2022, 2023 and 2024 with the option to extend to 2025 and 2026.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved the agreement for professional auditing services with The Pun Group to provide auditing services for fiscal years ending June 30, 2022, 2023 and 2024 with the option to extend to 2025 and 2026 with a total agreement amount not-to-exceed $318,549.
Vote: 5 - 0 Passed
Contract Award CDBG Joslyn Center Renovation Project
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Contract Award CDBG Joslyn Center Renovation Project
This item was pulled from tonight's agenda and will be presented to the City Council at a future meeting.
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
Council Member Davis hosted the Youth Council last week and thanked Interim Fire Chief Sessler and his staff for providing a lively and informative presentation.
ADJOURNMENT
There being no further action required the meeting adjourned at 8:12 P.M. The next regular meeting of the City of Redlands City Council will be held on April 5, 2022.
CC_March 15, 2022
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City Council/Successor Agency Meeting I. 2.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation for calendar year 2022 recognizing the celebration of Arbor Day in the City of Redlands (Mayor Barich)
MOTION(S):
If the City Council determines that staff's recommendation is appropriate, the following motion is provided:
I move to authorize issuance of the proclamation for calendar year 2022 recognizing the celebration of Arbor Day in the City of Redlands.
RECOMMENDATION:
Staff recommends that the City Council authorize issuance of the proclamation for calendar year 2022 recognizing the celebration of Arbor Day in the City of Redlands.
DISCUSSION:
The City of Redlands has enjoyed long-term standing as a Tree City USA. The award is bestowed annually in recognition of work completed by the City during the previous calendar year. Tree City USA cities are recognized for their urban forestry aesthetics, enhanced air quality, positive public image, and heightened civic pride through urban forestry management.
Each year, the City declares its continued dedication to National Arbor Day by approving a proclamation recognizing the celebration of this day with the planting of trees at locations recommended by the Street Tree Committee and approved by the Facility and Community Services Department. In 2021, the City coordinated the planting of six replacement trees comprised of Red Flowering Gum Eucalyptus, Peppermint Box Eucalyptus, and Western Redbud trees.
These six specimen replaced four large and failing Mulberry trees, the Mulberry
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trees began to fail sporadically which created a very hazardous situation as these trees immediately abut Texonia Park's playground area.
The City Council's approval of the proclamation for the annual celebration of the National Arbor Day is a prerequisite to the City being recognized by the National Arbor Day Foundation as a Tree City USA. This year, 2022, will mark the twenty-seventh year that the National Arbor Day Foundation will bestow the City of Redlands with the designation of Tree City USA.
ALTERNATIVES:
The City Council may choose not to approve the proclamation.
STRATEGIC PLAN:
Supports Focus Area D: Land Resource Management
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
PREPARED BY:
Erik Reeves, Field Services Superintendent
Fiscal Impact
Fiscal Year: N/A
Revenue Generating: N/A
Appropriation Required Y/N: N/A
Amount: N/A
Budgeted Y/N: N/A
Account No.: N/A
Discussion:
Not Applicable
Attachments
Arbor Day Proclamation 2022
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City Council/Successor Agency Meeting I. 3.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring the month of April 2022 as DMV/Donate Life California (Mayor Barich)
MOTION:
I move to authorize issuance of a proclamation declaring the month of April 2022 as DMV/Donate Life California.
Attachments
Donate Life - 2022
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City Council/Successor Agency Meeting I. 4.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring April 1, 2022, as The US Coast Guard Auxiliary 45th Anniversary (Mayor Barich) MOTION:
I move to authorize the issuance of a proclamation declaring April 1, 2022, as The US Coast Guard Auxiliary 45th Anniversary.
Attachments
US Coast Guard Auxiliary Proclamation 2022
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City Council/Successor Agency Meeting I. 5.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring April 10, 2022, as Dolores Huerta Day (Mayor Pro Tem Tejeda)
MOTION:
I move to authorize issuance of a proclamation declaring April 10, 2022, as Dolores Huerta Day.
Attachments
Dolores Huerta Proclamation
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City Council/Successor Agency Meeting I. 6.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring the month of April 2022 as Arts, Culture, and Creativity Month (Council Member Davis) MOTION:
I move to authorize issuance of a proclamation declaring the month of April 2022 as Arts, Culture, and Creativity Month.
Attachments
Arts, Culture, and Creativity Month
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City Council/Successor Agency Meeting I. 7.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendation for appointments to the Citizens' Measure T Oversight Committee (Mayor Barich)
MOTION:
I move to appoint Joseph Valdivia of the Redlands Police Officers Association to serve a one-year term as the public safety bargaining unit member on the Measure T Oversight Committee beginning April 21, 2022, and ending April 21, 2023.
1. I move to appoint Mike Foster of the Redlands Association of Mid-Management Employees to serve a one-year term as the non-public safety bargaining unit member on the Measure T Oversight Committee beginning April 21, 2022, and ending April 21, 2023.
2. RECOMMENDATION:
It is recommended that the City Council consider these appointments to the Measure T Oversight Committee as recommended by Mayor Barich for the employee bargaining unit member appointments.
DISCUSSION:
During the City Council meeting on December 1, 2020, Ordinance No. 2916 was adopted adding Chapter 2.72 to the Redlands Municipal Code establishing a Citizens' Measure T Oversight Committee ("Oversight Committee") to serve in an advisory capacity to the city council for the purpose of providing independent advisory review of the proposed expenditure of revenues generated by the City’s transactions and use tax. The committee shall advise the City Council regarding the use of transactions and use tax revenue, according to the priorities set forth in each fiscal year adopted budget. The duties of the committee shall include review of the City's expenditure of revenues received from the one percent (1%) transactions and use tax imposed by Measure T, on an annual basis; act in an
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advisory capacity to the City Council in all other policy matters pertaining to Measure T funds; and present an annual written report to the City Council.
The Oversight Committee shall consist of seven (7) members. Five (5) citizens of the community shall each represent a council district and be appointed by the Council Member of that corresponding district with approval of the City Council. Two members shall represent the City's employee bargaining units; one representing the public safety bargaining units and one representing the remaining non-public safety bargaining units. The bargaining unit members shall be appointed to one-year terms by the Mayor with approval of the City Council.
The Citizens' Measure T Oversight Committee members from the community are as follows:
Ruth Cook, District 1
Edward Ico, District 2
Steven M. Chapman, District 3
Toni Momberger, District 4
Shelli Stockton, District 5
SUBMITTED BY:
Jennifer Macias, Management Analyst
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
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City Council/Successor Agency Meeting I. 8.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendation for an appointment to the Cultural Arts Commission (Mayor Barich and Council Member Davis) MOTION:
I move to appoint Jina Edwards to serve the remainder of a four-year term on the Cultural Arts Commission ending January 6, 2025.
RECOMMENDATION:
It is recommended by Mayor Barich and Council Member Davis that the City Council consider this appointment to the Cultural Arts Commission.
Pursuant to the Redlands Municipal Code, appointments to this commission are made by the Mayor and approved by the City Council. However, Mayor Barich has expressed his desire to rotate recommendations for commission/board appointments among the City Council Members; therefore, Council Member Davis has been delegated authority by Mayor Barich to make the recommendation for this appointment.
DISCUSSION:
One vacant seat exists on the Cultural Arts Commission due to an automatic seat forfeiture by Commissioner Candice Cabanilla-Stewart's resulting from excessive absences. Two public notices requesting interested residents to submit an application for the Cultural Arts Commission were issued in February and March. In addition, the public notices were concurrently aired on Redlands TV and posted at the community bulletin board at the A. K. Smiley Public Library. The local newspapers also received distribution of the public notices.
Four new applications were received from the recent postings, and five from previous postings.
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The Cultural Arts Commission consists of seven members as follows:
Daniel Goham
Dennis Christensen
Kelly McGrail
Margo Mullen
Danielle Giudici Wallis
Robert Walker
Vacant
ALTERNATIVE:
The City Council may choose not to support the recommendation and direct staff to seek further applications for consideration.
SUBMITTED BY:
Jennifer Macias, Management Analyst
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Attachments
Cultural Arts Commission First Public Notice
Cultural Arts Commission Second Public Notice
Cultural Arts Commission Applications Redacted
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City Council/Successor Agency Meeting I. 9.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8316 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)
MOTION:
I move to approve Resolution No. 8316.
DISCUSSION:
On March 15, the City Council adopted Resolution No. 8312 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days ending April 14, 2022. AB 361, signed into law on September 16, 2021, amends Government Code Section 54953 to provide the authority and specific requirements for public agencies to hold virtual meetings during a proclaimed state of emergency and remain in compliance with the Brown Act.
In accordance with Government Code Section 54953 (e)(3), the City Council must review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency. With the adoption of Resolution No. 8316, the City Council is reaffirming its findings and compliance to AB 361 for an additional 30 days ending May 5, 2022.
SUBMITTED BY:
Council Member Denise Davis
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Attachments
Reso. 8316 Teleconference Meeting
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RESOLUTION NO. 8316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING REM OTE TELECONFERENCE MEETINGS BY THE CITY
COUNCIL AND ALL BOARDS, COMMISSIONS, AND COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 (2021) FOR A P ERIOD
OF THIRTY DAYS
WHEREAS, C OVID-19 (also kno wn as the “Coronavirus Dis ease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including within the City of Redlands (“City”); and
WHEREAS, on Janu ary 31, 2020, the Un ited States Secretary of Hea lth and Huma n Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a proclamation declaring a national emergency concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Go vernor of the State of Ca lifornia issued a proclamation of a state of emergency on March 4, 2020; and
WHEREAS, the City Council of the City adopted a proclamation of a lo cal emergency related to the COVID-19 virus on March 17, 2020; and
WHEREAS, the C ity is co mmitted to p reserving and fost ering pub lic access, transparency, observation, and participation in meetings of the C ity Council and City bo ards, commissions, and committees (hereafter collectively referred to as “legislative bodies;”) and
WHEREAS, all meetings of the City Council and legislative bodies are open and publi c as required by the Ral ph M. Bro wn Act (“Brown Act”) (Government Code s ection 54950 et seq.), so that any member of the public may attend, observe, and participate in a meaningful way; and
WHEREAS, Government Code section 54953(b)(3) of the Bro wn Act allows a lo cal legislative body to ho ld pub lic m eetings by tel econference and to make pub lic m eetings accessible telephonically or o therwise electronically to all memb ers of the pub lic seeking to attend and to address the local legislative body, as long as the following requirements are met:
1. Each teleconference location from which a member is p articipating is noticed on the agenda;
2. Each teleconference location is accessible to the public;
3. Members of the public must be able to address the body at each teleconference location;
4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and
5. During teleconference meetings, at least a quorum of the memb ers of the lo cal body must participate from locations within the local body’s territorial jurisdiction; and
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W
HEREAS, the Brown Act, as amended by AB 361 (2021), at Government Code section 54953(e), allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and
WHEREAS, the initial required
condition of Government Code section 54953(b)(3) is a
declaration of a state of em ergency by the Gov ernor p ursuant to the Ca lifornia Em ergency Services Act at Go vernment Code s ection 8625, pro claiming the ex istence of cond itions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and
WHEREAS, the Governor’s proclamation of a state of e mergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code section 54953(e)(3)(A-B), added by AB 361, provide s an a lternative to h aving pu blic m eetings in accordance wi th Gov ernment Co de S ection 54953(b)(3) when the City Council has r econsidered the circumstances of the COV ID-19 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s boards, commissions, and committees to meet safely in person; and
2. The State of California and the County of San Bernardino con tinue to recommend measures to promote social distancing; and
WHEREAS, Gov ernment Code S ection 54953(e) further requi res that state or local officials h ave imposed, or reco mmended, measures to p romote social dis tancing, or t he legislative body finds that m eeting in per son would present an imminent risk to the h ealth or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) state and local officials do recommend social distancing measures, and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths, such that m eeting in person would present imminent risk to health or safety of attendees; and
WHEREAS, the City Council affirms that it will allow for observation and participation by City Council memb ers as well as bo ard, commi ssion, and commi ttee members and the public, via Zoom, or other appropriate technology, in an effort to protect the constitutional and statutory rights of all attendees; and
WHEREAS, Gov
ernment Code Section 54953 (e)(3) further requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency;
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N
OW, THEREFORE , THE CITY COUNCIL OF THE CITY OF REDLANDS HEREBY RESOLVES AS FOLLOWS:
Section 1. The abo ve recitals are true and co rrect and are incorporated herein by th is reference.
Section 2. The City Council finds that the state of emergency conditions related to COVID-19 as set forth in the Governor’s and City’s proclamations of emergency are on-going.
Section 3. The City Council further finds th at State and coun ty officials recommend social distancing conditions causing imminent risk to attendees as described above exist.
Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of em ergency as p roclaimed by the Governor, and the City , and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.
Section 5. The City Co uncil finds that t he state of em ergency as a result of COVID-19 continues to directly impact the ability of members of the City Council and the members of the City’s b oards, c ommissions, and committ ees to m eet safely in per son and such fac t creates an imminent health risk to such members.
Section 6. The City Council hereby authorizes the City Council, and all of the boards, commissions, and committees of the City, to conduct th eir meetings without compliance with Government Code s ection 54953 (b)(3), and to inst ead comply w ith the remote m eeting requirements as authorized by Government Code section 54953(e).
Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code section 54953(e), and other applicable provisions of the Bro wn Act, for a ll City Coun cil meetings, and all boards, commissions, and committee meetings of the City.
Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) M ay 5, 2022 or (ii) such time as the City Council adopts a Subsequ ent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, w ithout compliance with Gov ernment Code s ection 54953(b )(3), but otherwi se as per mitted by Government Code section 54953(e).
ADOPTED, SIGNED AND APPROVED this 5th day of April, 2022.
________________________
ATTEST: Paul T. Barich, Mayor
____________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 10.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Direct Staff to Review the Conflict of Interest Code for the City of Redlands (City Clerk Donaldson)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to direct staff to review the Conflict of Interest Code for the City of Redlands.
RECOMMENDATION:
It is recommended the City Council of the City of Redlands direct staff to review its Conflict of Interest Code in accordance with Section 87306.5 of the California Government Code.
DISCUSSION:
No later than July 1 of each even-numbered year, Section 87306.5 of the California Government Code requires the City Council to direct the local agency to review its Conflict of Interest Code and submit a Biennial Report no later than October 1.
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ALTERNATIVES:
The Council may continue this matter to a future City Council Meeting held before July 1, 2022.
STRATEGIC PLAN:
Not Applicable
SUBMITTED BY:
Jeanne Donaldson, City Clerk
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:
Approval to direct staff to review the Conflict of Interest Code will have no impact on the City of Redlands General Fund.
Attachments
Resolution No. 8129 Conflict of Interest Code 2020
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City Council/Successor Agency Meeting I. 11.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Disclosure of Settlement and Release Agreement - Chase Management, Inc.; San Bernardino County Superior Court Case No. CIVDS1907758 (City Attorney McHugh)
DISCUSSION:
Attached is a copy of the "Agreement of Settlement and General Release," which reflects the terms and conditions for settlement of the above mentioned litigation as authorized by the City Council. In accordance with the City's Municipal Code, and following the spirit of the Brown Act, this matter is on your agenda to notify the public of the settlement negotiated by the City. The litigation involved Chase Management (Chase) alleging the City violated the federal equal protection clause of the U.S. Constitution in connection with Chase's proposal to build a car wash, modify a traffic median, and move certain commercial signage.
The lawsuit was settled for the amount of $50,000.
SUBMITTED BY:
Jimmy Nguyen, Administrative Analyst
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Attachments
Settlement and Release Agreement
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City Council/Successor Agency Meeting I. 12.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve an agreement with the County of San Bernardino for the use of Redlands' local allocation of National Opioid Settlement Funds (City Attorney McHugh)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve the proposed agreement with San Bernardino County for the use of Redlands' local allocation of National Opioid Settlement Funds.
RECOMMENDATION:
Staff recommends that the City Council approve the proposed agreement with San Bernardino County for the use of Redlands' local allocation of National Opioid Settlement Funds.
DISCUSSION:
Background:
Several opioid defendants in the multidistrict litigation in Ohio reached a nationwide settlement that allows participation by non-litigating cities, including the City of Redlands. Under the settlement agreements with the opioid defendants, the defendants will make payments to qualifying non-litigating cities who timely execute and submit the necessary documents to participate.
Redlands has completed the required documents, and is now entitled to receive the funds payable over an 18-year period. The funds are to be expended upon specific substance abuse programs as agreed to in the master settlement and related state settlement agreements.
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This proposed agreement with the San Bernardino County would give the County discretion to utilize the City’s respective allocation under the settlement agreements, subject to the restrictions set forth in both the settlement agreements, and the California State-Subdivision Agreements.
Under the settlement agreements, Redlands' allocation from the settlement agreement must be used exclusively for future opioid remediation in one or more areas described in the list of opioid remediation uses, which is listed on Exhibit E to the proposed County-City agreement. Additionally, at least 50% of those funds received in each calendar year must be used for one or more of the following High Impact Abatement Activities:
The provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program;
Creating new or expended Substance Use Disorder ("SUD") treatment infrastructure;
Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or
Interventions to prevent drug addiction in vulnerable youth.
The County's ability to pool each city's settlement money, including Redlands' settlement allocation, with the County's own funds will allow the County to fully fund the County's opioid remediation programs, and make a more significant impact to serve the needs of the residents in our communities, than if a City such as Redlands was to expend the funds on its own.
In exchange for accepting Redlands' share of the settlement funds and in agreeing to utilize those funds exclusively for the opioid remediation activities required under the settlement agreements and State-Subdivision Agreements, the County will take responsibility for the reporting obligations and other oversight requirements under the settlement agreements and State-Subdivision Agreements relating to the various cities' respective share of the settlement funds.
Given the relatively small amounts of settlement revenue that Redlands is entitled to, and coupled with the significant program costs related to substance abuse programs, staff recommends the approval of the proposed agreement to provide City funds to the County for use in related County substance abuse and similar programs. Should future program conditions change, Redlands can terminate the agreement upon thirty days written notice.
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ALTERNATIVES:
None Recommended.
STRATEGIC PLAN:
N/A.
SUBMITTED BY:
Daniel J. McHugh, City Attorney
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Chris Boatman, Assistant City Manager
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Jimmy Nguyen, Administrative Analyst
Fiscal Impact
Discussion:
Through the agreement, the City will allocate total settlement funds (as may be modified over time), payable over 18 years, to the County. Program operational and financial reporting will be the responsibility of the County.
Attachments
Opioid County-City Allocation Agreement
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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
CAO – Finance and Administration
Department Contract Representative
Telephone Number
Contractor City of Redlands
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
This Agreement for the Use of the Local Allocation of California Opioid Settlement Funds (“Agreement”) is made and entered into on the date this Agreement is fully executed by and between SAN BERNARDINO COUNTY (“County”) and CITY OF REDLANDS (“City”). City and County may be referred to individually as “Party” and or collectively as “Parties.”
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death. The State of California and California counties and cities have spent and continue to spend millions of dollars each year to address the direct consequences of this crisis; and
WHEREAS, in response to the opioid crisis, counties, cities, and states across the country filed lawsuits to hold opioid manufacturers, distributors, pharmacies, and others responsible for the harms caused by their deception, negligence, and creation of a public nuisance; and
WHEREAS, on or about July 19, 2018, the County filed a lawsuit in the United States District Court for the Central District of California against numerous opioid manufacturers and distributors alleging that as a result of the unlawful conduct of the defendants, the opioid crisis resulted, which caused damage to the County and its residents; and
Contract Number
SAP Number
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WHEREAS, the County’s lawsuit was transferred to the United States District Court for the N orthern District of Ohio to become part of the multidistrict litigation (“MDL”), consisting of thousands of lawsuits brought by various states and local subdivisions, including counties, cities, and special districts, against a number of opioid distributors and manufacturers; and
WHEREAS, on or about, July 21, 2021, distributors McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation (collectively, “Distributors”), and manufacturer s Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho- McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively, “Janssen”) tentatively reached two separate settlements (hereinafter referred to as the “Distributor Settlement Agreement” and “Janssen Settlement Agreement,” respectively) in the MDL, which allow for participation by eligible non-litigating Local Subdivisions; and
WHEREAS, City is an eligible non -litigating Local Subdivision and has submitted the requisite documentation necessary to participate in the Distributor and Janssen settlements;
WHEREAS, under the Distributor and Janssen Settlement Agreements, the states and their Local Subdivisions may enter into allocation agreements to govern how the settlements funds from the two settlements coming to a state will be allocated to the state and its Local Subdivisions; and
WHEREAS, the State of California (“State”) and its Local Subdivisions have entered into A llocation Agreements for both the Distributor and Janssen settlements, which provide that each eligible Local Subdivision that participates in the settlements will have its Local Allocation go to the county where the subdivision is located, unless the Local Subdivision notifies the Settlement Fund Administrator, at least 60 days before each payment date, that it elects to take a direct distribution of its Local Allocation; and
WHEREAS, the City has decided it will not take a direct distribution of its Local Allocation, and will instead have its Local Allocation distributed to the County; and
WHEREAS, the parties wish to set forth the terms as to the County’s use of the City’s Local Allocation; and
NOW, THEREFORE, in consideration of the preceding recitals, together with the mutual covenants hereinafter contained, the parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
A. DEFINITIONS
a. CA Abatement Accounts Fund shall mean “CA Abatement Accounts Fund” as defined in the Allocation Agreements.
b. Allocation Agreement(s) means the allocation agreements entered into by and between the State and its Local Subdivisions specifying how the settlement funds from the Distributor and Janssen settlements will be distributed to the State and its Local Subdivisions. These agreements are entitled, “Proposed California State- Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Distributor Settlement” and “Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Janssen Settlement.”
c. DHCS is the California Department of Health Care Services.
d. Local Allocation means a Local Subdivision’s share of the settlement funds from the Distributor and Janssen settlements, as set forth in Appendix 1 to the Allocation Agreements.
e. Local Subdivision(s) means cities and counties.
f. Master Agreements shall refer to the Distributor Settlement Agreement and the Janssen Settlement Agreement.
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g. Settlement Fund Administrator shall mean the “Settlement Fund Administrator” as defined in the Master Agreements.
B. SCOPE
a. This Agreement supplements and is subject to the terms of the Master Agreements and the Allocation Agreements and any amendments thereto. If any term of this Agreement is inconsistent with a mandatory term of the Master Agreements or the Allocation Agreements, the order of the governing document shall be as follows: Master Agreements, Allocation Agreements, and last, this Agreement.
b. This Agreement governs the County’s use of the City’s Local Allocation paid directly to the County.
C. USE OF CITY’S LOCAL ALLOCATION
a. Participation
I. City shall have all of its Local Allocation paid directly to the County.
II. City shall not, at any time, advise the Settlement Fund Administrator that it request s direct payment of its Local Allocation.
III. The parties understand that the Local Allocation is payable over an approximate 18 year period. The parties further understand that the yearly disbursement amount of the Local Allocation payment may vary.
b. County’s Use of the City’s Local Allocation
I. The City’s Local Allocation will become part of the County’s share of the CA Abatement Accounts Fund, which will be:
1. U sed by County in accordance with Section 4.B.ii (Use of CA Abatement Account Funds) of the Allocation Agreements; and
2. R eported on by County in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight) of the Allocation Agreements.
II. The parties understand and agree that the City’s Local Allocation that will be distributed to the County may only be used by County for future opioid remediation as described in Exhibit E to the Master Agreements, attached hereto as Attachment I.
III. The parties also understand and agree that no less than 50% of the CA Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
1. The provision of matching funds or operating costs for substance us e disorder facilities within the Behavioral Health Continuum Infrastructure Program;
2. Creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure;
3. Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
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4. Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non- sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or
5. Interventions to prevent drug addiction in vulnerable youth.
IV. County understands and agrees that it is responsible for the reporting requirements to DHCS as specified in Section 5 of the Allocation Agreements.
V. County understands and agrees that it is responsible for responding to any DHCS oversight inquiries and/or requests as specified in Section 4.B.iii. of the Allocation Agreements.
VI. County will track all deposits and expenditures of CA Abatement Accounts Funds consistent with Section 5(c) of the Allocation Agreements.
D. GENERAL CONTRACT REQUIREMENTS
D.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
D.2 Assignability
Neither party may assign this Agreement without the prior written consent of the other party.
D.3 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party.
D.4 Choice of Law
This Agreement shall be governed by and construed according to the laws of the State of California.
D.5 Legality and Severability
The parties’ actions under the Agreement shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Agreement are specifically made severable. If a provision of the Agreement is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
D.6 Mutual Covenants
The parties to this Agreement mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
D.7 Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating a joint venture, or partnership, between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
D.8 Termination for Convenience
Except as otherwise specified in this provision, the County and the City each reserve the right to terminate the Agreement, for any reason, with a thirty (30) day written notice of termination. In the event of termination of this Agreement, the City shall not be entitled to any of the City’s Local Allocation that (1) had already been distributed to the County prior to the effective date of termination, or (2) is scheduled to be distributed to the County within 60 days of the notice of termination.
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D.9 Notice
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
To County: To City:
County Administrative Office – Finance & Administration City Clerk Matthew Erickson, Chief Financial Officer City of Redlands 385 N. Arrowhead Ave. 4th Floor 35 Cajon Street
San Bernardino, CA 92415-0123 P.O. Box 3005 (mailing) Redlands, CA 92373
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
D.10 Venue
The parties acknowledge and agree that this Agreement was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Agreement will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
D.11 Informal Dispute Resolution
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
E. TERM OF AGREEMENT
This Agreement is effective as of the date fully executed and expires following the final settlement payout, but may be terminated earlier in accordance with the provisions of this Agreement.
F. INDEMNFICATION
F.1 County agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from County’s negligent acts or omissions which arise from County’s performance of its obligations under this Agreement.
F.2 City agrees to indemnify, defend (with counsel reasonably approved by County ), and hold harmless County and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from City’s negligent acts or omissions which arise from City’s performance of its obligations under this Agreement.
F.3 In the event County and/or City is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, County and/or City shall indemnify the other to the extent of its comparative fault.
G. INSURANCE
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City and County are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their insurance policies or respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
H. SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
I. ENTIRE AGREEMENT
This Agreement, including Attachment I, which is attached hereto and incorporated by reference, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Agreement and signs the same of its own free will.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, County and City have each caused this Agreement to be subscribed by its respective duly authorized officers, on its behalf.
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Charles Phan, Deputy County Counsel
Date Date Date
SAN BERNARDINO COUNTY CITY OF REDLANDS
By
Name: ___________________________________
Title: Chief Financial Officer
(Authorized signature - sign in blue ink)
Name
Paul T. Barich
(Print or type name of person signing contract)
Title
Mayor
(Print or Type)
Dated:
Address
35 Cajon Street, Redlands CA 92373
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ATTACHMENT I
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City Council/Successor Agency Meeting I. 13.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize Mayor Barich to sign a letter on behalf of the City of Redlands in support of AB 1627 and AB 1628 (Assistant City Manager McConnell)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move that the City Council authorize Mayor Barich to sign a letter on behalf of the City of Redlands in support of AB 1627 and AB 1628.
RECOMMENDATION:
Staff recommends City Council authorize Mayor Barich to sign a letter on behalf of the City of Redlands in support of AB 1627 and AB 1628.
DISCUSSION:
In March 2022, City of Redlands staff were approached by Assemblyman James Ramos' office about its willingness to sign a letter of support for two bills, AB 1627 and AB 1628, that the Assemblyman was sponsoring. An explanation of those bills is as follows:
AB 1627
AB 1627 would create pilot programs for providing free Naloxone, known under its brand name as Narcan, to parents and training for parents provided by the local Department of Behavioral Health and Sheriff's Department. The bill would also provide funding for law enforcement agencies that establish and implement overdose response teams to combat the ongoing opioid crisis.
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AB 1628
AB 1628 would require social media platforms to submit policies preventing illegal activity to the Attorney General's Office. This would create an oversight relationship with the Attorney General's Office and the Department of Justice to ensure that policies to prevent illegal activity were in place and working as intended.
BACKGROUND
In recent years, Fentanyl, a powerful, cheaply produced synthetic opioid, has flooded the illicit drug market. In the most recent wave of the opioid crisis, the drug has become both a larger share of the opioid market, competing directly with heroin, and a popular adulterant for more costly drugs. Due to the strength of fentanyl, determining dose size is notoriously difficult for users, leading to an increase in the likelihood of overdose. Furthermore, due to its use as an adulterant, there have been many notable cases of an individual purchasing a substance believing it to be cocaine, methamphetamine, or a prescription pill, only for that substance to contain a dangerous quantity of fentanyl that the user unknowingly ingests.
Specifically on AB 1627, Naloxone, known under its brand name Narcan, is a nasal spray opioid blocker that can halt an opioid overdose. It is widely available and legal to purchase for consumer use. A variety of organizations are eligible to apply for and receive free doses of Narcan. These organizations include first responders, emergency medical services, fire authorities, law enforcement, courts and criminal justice partners, veteran organizations, homeless programs, schools and universities, libraries, religious entities, community organizations, and others.
Specifically on AB 1628, in testimonials from drug users and parents of people who have overdosed on fentanyl, social media has been cited as an often used platform to advertise and sell drugs, including those that may contain fentanyl.
While social media companies have introduced new policies to address drug distribution through their platforms, this practice is not overseen by the state’s regulatory bodies. Given that all social media platforms create opportunities for this activity to take place, a requirement for these policies is needed.
Furthermore, regulators should have oversight into the efficacy of these policies in preventing illegal activity on these platforms.
Redlands Police Chief and Fire Chief both endorse these important bills to effectuate real change related to the opioid crisis. As a result, staff recommends the City Council authorize Mayor Barich to sign a letter in support of AB 1627 and 1628, as it will help strengthen the Assemblyman's efforts to pass these bills in the State Legislature.
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ALTERNATIVES:
City Council could elect to not authorize Mayor Barich to sign a letter in support of AB 1627 and 1628.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Janice McConnell, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Chris Boatman, Assistant City Manager
Chris Catren, Chief of Police
Rich Sessler, Fire Chief
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Ross Wittman, Project Manager
Fiscal Impact
Discussion:
There is no fiscal impact associated with the authorization of Mayor Barich to sign a letter of support for AB 1627 and 1628.
Attachments
AB 1627 Support Letter
AB 1628 Support Letter
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City of
REDLANDS
Incorporated 1888
35 Cajon Street, Redlands, CA 92373
909-798-7533
April 5, 2022
The Honorable Jim Wood
Chair, Assembly Committee on Health
1020 N Street, Room 390
Sacramento, CA 95814
RE: SUPPORT for Assembly Bill 1627
Dear Chair Wood,
On behalf of the City of Redlands, I am writing to express strong support of Assembly Bill 1627, which would make lifesaving treatment against opioid overdoses more accessible and create a pilot project creating local law enforcement opioid task force teams.
In recent years, Fentanyl, a powerful, cheaply produced synthetic opioid has flooded the illicit drug market. Due to the strength of fentanyl, determining dose size is notoriously difficult for users, leading to an increase in the likelihood of an overdose. There have been many notable cases of individuals purchasing substances believing them to be cocaine, methamphetamine, or a prescription pill, only for that substance to be laced with a dangerous quantity of fentanyl that the user unknowingly ingests.
Opioid antagonists such as Naloxone, better known as Narcan, is a lifesaving nasal spray opioid blocker that can halt an opioid overdose. It is widely available and legal to purchase for consumer use although, this lifesaving medication is often difficult to administer. AB 1627 would create pilot programs that would provide Naloxone and training to parents to serve as an extra layer of protection in preventing opioid overdoes.
Furthermore, overdose deaths have often not been thoroughly investigated by law enforcement, leading to concerns from parents and family members. AB 1627 will also provide funding to law enforcement agencies that establish and implement overdose response teams to combat the ongoing opioid crisis.
The passage of AB 1627 would ensure that parent and community members would have access to resources they need to keep children safe as well as ensure that overdoses are thoroughly investigated for potential criminal activity.
PAUL T. BARICH
Mayor
EDDIE TEJEDA
Mayor Pro Tem
PAUL BARICH
Council Member
DENISE DAVIS
Council Member
MICK GALLAGHER
Council Member
OFFICE OF
THE CITY COUNCIL
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It is for these reasons Redlands would like to extend their full support of AB 1627 for these critical pilot programs and overdose response teams. We appreciate Assemblymember Ramos’ dedication to confronting this deadly opioid crisis head on.
Sincerely,
Paul T. Barich
Mayor
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City of
REDLANDS
Incorporated 1888
35 Cajon Street, Redlands, CA 92373
909-798-7533
April 5, 2022
The Honorable Jesse Gabriel
Chair, Assembly Committee on Privacy and Consumer Protection 1020 N Street, Room 162
Sacramento, CA 95814
RE: SUPPORT for Assembly Bill 1628
Dear Chair Gabriel.
On behalf of the City of Redlands, I am writing to express support of Assembly Bill 1628, which would require social media platforms to submit policies preventing illegal activity to the Attorney General’s office.
In recent years, Fentanyl, a powerful, cheaply produced synthetic opioid has flooded the illicit drug market. Due to the strength of fentanyl, determining dose size is notoriously difficult for users, leading to an increase in the likelihood of an overdose. There have been many notable cases of individuals purchasing substances believing them to be cocaine, methamphetamine, or a prescription pill, only for that substance to be laced with a dangerous quantity of fentanyl that the user unknowingly ingests.
AB 1628, would confront this problem by requiring social media platforms to have policies prohibiting illegal activity and reporting processes. This would create an oversight relationship with the Attorney General’s office and the Department of Justice to ensure that policies to prevent illegal activity were in place and working as intended.
It is for these reasons Redlands would like to extend their full support of AB 1628 for this critical update on preventing the sale of illicit drugs on social media platforms. We appreciate Assemblymember Ramos’ dedication to confronting this deadly opioid crisis head on.
Sincerely,
Paul T. Barich
Mayor
PAUL T. BARICH
Mayor
EDDIE TEJEDA
Mayor Pro Tem
PAUL BARICH
Council Member
DENISE DAVIS
Council Member
MICK GALLAGHER
Council Member
OFFICE OF
THE CITY COUNCIL
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City Council/Successor Agency Meeting I. 14.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the grant award from the FY 2020 State Homeland Security Grant Program, and an additional appropriation of $23,568 to the Police Department (Police Chief Catren)
MOTION(S):
I move to approve the grant award from the FY 2020 State Homeland Security Grant Program, and an additional appropriation of $23,568 to the Police Department.
RECOMMENDATION:
Staff recommends that Council approve the grant award from the FY 2020 State Homeland Security Grant Program, and an additional appropriation of $23,568 to the Police Department.
DISCUSSION:
In March 2020, the Police Department applied for grant funds from the FY 2020 State Homeland Security Grant Program in the amount of $23,568. The requested funds will be used to acquire six tactical ballistic vests to be worn by members of the Redlands Police Department SWAT team. The vests will be invaluable to the safety of these first-responders during tactical operations and other high-risk situations.
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ALTERNATIVES:
Do not approve the grant award and additional appropriation in the amount of $23,568.
STRATEGIC PLAN:
Not applicable
SUBMITTED BY:
Christopher R. Catren, Chief of Police
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Michael Reiss, Deputy Chief
Fiscal Impact
Fiscal Year: FY22-23
Revenue Generating: No
Appropriation Required Y/N: Yes
Amount: $23,568
Budgeted Y/N: No
Discussion:
There will be no fiscal impact to the General Fund.
Attachments
Additional Appropriation Form
Authorization to Spend Letter
Subrecipient Application
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DATE
OF REQUEST:
An a
dditional appropriation is hereby requested as follows:
Department:
JUSTIFICATION:
Requested By:
Recommended By Finance Director: Recommended:
Yes No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-
TRANSACTION
NO:
ACCOUNTING PERIOD:
Acc
ount Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CITY
OF REDLANDS
REQ
UEST FOR ADDITIONAL APPROPRIATION
FINANC
E USE ONLY
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City Council/Successor Agency Meeting I. 15.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve entry into a Mills Act Contract with Debashish Ghosh and Atishma Kant for the property located at 225 East Fern Avenue, and determine that approval of the agreement is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15061(b)(3) (Development Services Director Desatnik)
MOTION(S):
If the City Council determines that staff’s recommendations are appropriate, the following motions are provided.
I move that the City Council determine that the Historic Property Contract by and between the City of Redlands and Debashish Ghosh and Atishma Kant for the preservation and benefit of the Historic Resource located at 225 East Fern Avenue is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15061(b)(3).
1. I move to approve the Historic Property Contract by and between the City of Redlands and Debashish Ghosh and Atishma Kant for the preservation and benefit of the Historic Resource located 225 East Fern Avenue.
2. RECOMMENDATION:
The Historic and Scenic Preservation Commission reviewed the proposed 10-Year Rehabilitation Plan for the Mills Act application, and unanimously adopted Historic and Scenic Preservation Commission Resolution No. 2021-07 recommending the City Council approve the Mills Act contract with Debashish Ghosh and Atishma Kant for 225 E. Fern Avenue. The Commission also recommended that the agreement is not subject to the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines, as there is no possibility of any environmental effects as a result of the Mills Act contract.
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DISCUSSION:
The Mills Act, enacted by the State in 1972, is intended to encourage preservation of historically significant properties by allowing a property owner to receive property tax relief in exchange for rehabilitating, preserving, and maintaining a historic property rather than demolishing or significantly modifying it. The Act allows local governments to enter into binding contracts with owners of qualified historic properties. On November 7, 2017, the City Council approved Resolution No. 7796, extending the City's Mills Act program to November 7, 2022. The City has also determined that qualified historic property eligible for the program includes those locally designated as a historic resource or landmark, or are a contributing structure to a locally designated historic district, or have been designated as a County Landmark, State Landmark, State Point of Historical Interest, National Historic Landmark, or are listed on the California and/or National Register. The agreement provides a reduction of property taxes in exchange for the continued preservation of the property.
Mills Act contracts generally result in a reduction of property taxes of 20 to 60 percent for each assessed property during a standard ten-year contract. The impact of the Mills Act on a property’s assessment can vary, depending on the date the property was purchased. For example, properties purchased before the passage of Proposition 13 (in 1978) are unlikely to receive a reduction, as they are already determined to be at baseline threshold values under the State’s taxation and revenue code. More recently purchase properties would receive the greatest reductions.
One hundred percent (100%) of the money saved on taxes must be used in maintaining and/or restoring the property. The agreement runs for ten years, and can renew annually each year thus extending the agreement term unless a notice of cancellation is filed by the owner. The property value and property taxes are recalculated by the County Tax Assessor. The loss of tax revenue is shared between applicable agencies that receive the taxes.
The Mills Act pilot program limits the annual number of contracts to seven (7) per calendar year. This includes a maximum of five (5) contracts for residential properties with an assessed valuation of less than one million dollars, and a maximum of two (2) non-residential properties. This the first application under consideration in 2022.
The subject property, located at 225 E. Fern Avenue, contains contributing structures within the East Fern Avenue Historic and Scenic District.
The property is developed with a two and a half story single family dwelling, constructed in the transitional architectural style, and a detached accessory structure. Mack W. H. Williams, a painter in 1905 and co-owner Williams Curtis Company had J.S. Williams build his home in 1905.
The applicant has provided a rehabilitation plan (included as Exhibit B to the
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The applicant has provided a rehabilitation plan (included as Exhibit B to the Contract) detailing the work to be done under the proposed contract and associated costs. Over the 10-year period, the property owner will spend $109,665 for improvements and maintenance to the property, which is estimated to exceed the estimated tax savings of $51,820 over the same period.
The improvements proposed include:
Restoration of existing wood-frame windows, including gentle sanding of the edge of the sash, lubrication of jambs, general repairs to ensure all windows are operable, repainting to match.
1. Seismic retrofit of the foundation to provide strength and seismic stability, with no visible exterior change.
2. Electrical upgrade from the original knob-n-tube electrical wiring to modern electrical wiring that meets current safety codes, and upgrade electrical meter from 90amp to 200amp.
3. Restoration of the existing brick chimney, repairing bricks, replacing bricks only when too deteriorated to safely repair, and install a new custom made weather cap.
4. Restoration and repair of the existing porch, repairing features where possible and removing water-damaged hardwood floorboards when too deteriorated to safely repair with in-kind material.
5. Repair and repainting of exterior siding, including cleaning the existing material, removal of loose and peeling paint, repairing cracks and damages on wooden areas, and priming and painting the siding.
6. Upon execution of their contract, the applicant will be required to submit annual reports of their progress to staff, to document the work taking place, and ensure their work plan is kept up-to-date to ensure tax savings are directly applied to the cost of the improvements that will maintain or rehabilitate the historic buildings.
The applicant will be responsible for obtaining all applicable permits and Certificate of Appropriateness approvals for work contained within the work plan.
ALTERNATIVES:
The City Council has the option of denying the Mills Act Contract.
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STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Loralee Farris, Principal Planner
Fiscal Impact
Discussion:
Over the first ten years of this contract, the applicant will save $51,820 in taxes (amount to be used to reimburse the cost of home improvements). A portion of this amount (roughly 22%) will translate as a loss of revenue to the City of Redlands. However, the City will gain the long-term preservation and maintenance of a valuable historical resource important to the City’s history.
Attachments
Attachment A: Mills Act Contract
Attachment B: Historic & Scenic Preservation Commission Resolution No. 2021-07
Attachment C: Photographs
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RECORDING REQUESTED BY:
CITY OF REDLANDS
DEVELOPMENT SERVICES DEPT.
P.O. BOX 3005
REDLANDS, CA 92373
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005 REDLANDS, CA 92373
SPACE ABOVE THIS LINE IS RESERVED FOR RECORDER’S USE
HISTORICAL PROPERTY CONTRACT BY AND BETWEEN THE CITY OF
REDLANDS AND DEBASHISH GHOSH AND ATISHMA KANT FOR THE
PRESERVATION AND BENEFIT OF THE HISTORIC RESOURCE AND
CONTRIBUTING STRUCTURES ON PROPERTY LOCATED AT 225 E. FERN AVENUE
THIS HISTORICAL PROPERTY AGREEMENT (“Agreement”) is made and entered into this 5 th day of April, 2022 ( “Effective Date”) , by and between the City o f Redlands , a municipal corporation (“City”) and Debashish Ghosh and Atishma Kant , each as individual (together, “Owner”). City and Owner are sometimes individually referred to herein as a “P arty” and, together, as the “Parties.”
RECITALS
WHEREAS, Government Code section 50280 et seq. authorize s cities to enter into contracts with the owners of qualified historical properties, as defined in Government Code section 50280.1, to provide for the preservation, use , maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance; and
WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, located at 225 E. Fern Avenue, Redlands, California, 92373 (the “Property ”) which is more particularly described in the grant de ed attached hereto as Exhibit “A” and incorporated herein by this reference; and
WHEREAS, on October 3, 1989, t he East Fern Avenue Historic and Scenic District was designated by the Redlands City Council as a local historic district, for which the Property was included as having contributing structures; and
WHEREAS, City and Owner, for their mutual benefits, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Property and to qualify the Property for an assessment of valuation pursuant to the provisions of
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section 4 39 et seq. of the Revenue and Taxation Code pursuant to the Rehabilitation/ Restoration/Maintenance Plan (“Plan”) attached hereto as Exhibit “B,” and which is incorporated herein by this reference;
NOW THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, agree follows:
Section 1. Recordation Date and Term . This Agreement shall become effective on the date it is recorded (“Recordation Date”). Each year during the term of this Agreement, on the anniversary of the Recordation Date (“Renewal Date”), one (1) year shall automatically be added to the Term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of nonrenewal of this Agreement on the other P arty in advance of the annual Renewal Date. Unless such notice is served by City to Owner at least ninety (90) days prior to the annual R enewal Date, or such notice is served by Owner to City , one (1) year shall automatically be added to the T erm of this Agreement as provided herein. Upon receipt by Owner of a notice of nonrenewal from City, Owner may make a written protest of the notice.
City may, at any time prior to the annual Renewal Date of this Agreement, withdraw its notice to Owner of nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, this Agreement shall remain in effect for the balance of the Term then remaining, eithe r from its original execution or from the last renewal of this Agreement, whichever may apply.
Section 2. Standard for Historical Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:
A. Owner shall preserve and maintai n the characteristics of historical significance of the Property in accordance with the minimum standards and conditions for maintenance, use, and preservation of the Property as set forth in the Plan attached hereto as Exhibit “B.”
B. Owner shall restore and rehabilitate the property according to the Plan, the rules and regulations of the Secretary of the Interior’s Standards for Rehabilitation and the California Historical Building Code in accordance with Exhibit “C” which is attached hereto and incorporated herein by this reference.
C. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Property by representatives of the San Bernardino County Assessor, State Board of E qualization, and City, as m ay be necessary to determine O wner’s compliance with the terms and provisions of this Agreement.
D. Owner shall expend one hundred percent (100%) of the property tax savings recognized by Owner during the Term of this Agreement to finance the preservation, maintenance, rehabilitation, and improvement of the Property. Owner shall maintain records and documentation of such property tax savings and expenditures and shall provide annually a written accounting to City. City shall have the right to audit Owner’s p roperty tax records and expenditures for the purposes of ensuring Owner’s compliance with the requirements of this subsection D.
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Section 3. Provision of Information of Compliance. Owner shall furnish City with any and all information requested by City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.
Section 4. Office of Historic Preservation . City shall provide written notice of this Agreement to the State Office of Historic Preservation within one (1) month of City’s approval of this Agreement.
Section 5. Cancellation. City, following a duly noticed public hearing as set forth in Government Code section 50280, may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the P roperty to deteriorate to the point that it no longer meets the standards for a Historic Resource or Contributing Structure.
City may also cancel this Agreement if it determines that Owner has failed to restore or rehabilitate the P roperty in the manner specified in subparagraph 3(b) of this Agreement, including but not limited to Owner’s failure to comply with the Plan and/or Owner’s failure to complete the rehabilitation and restoration identified in the Plan as provided for in the Plan. In the event of cancellation of this Agreement by City, Owner shall pay the State of California a cancellation fee of Twelve and One-Half percent (12 ½%) of the current fair market value of the Property at the time of cancellation, as determined by the San Bernardi no County Assessor without regard to any restrictions of the Property imposed pursuant to this Agreement. Payment of the fee shall be made in accordance with the provisions of Government Code 50286(b).
Section 6. Enforcement of Agreement. In lieu of and/or in addition to any provisions permitted cancellation of this Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be di ligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner pursuant to the terms of this Agreement, apply to any court, state of federal, for injunctive relief against any violation by Owner, or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to the City to pursue in the event that there is a beach of this Agreement. No waiver of any breach or default under this Agreement shall be deemed to a waiver of any other subsequent breach thereof or default hereunder.
Section 7. Binding Effect of Agreement.
A. Owner herby voluntarily subjects the Property to the covenants, reservation and restrictions as set f orth in this Agreement. City and Owner hereby declare their specific intent
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that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subj ect to the covenants, reservations and restrictions expressed in this Agreement whether or not such covenants, reservations and restriction are set forth in such contract, deed or other instrument.
B. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner’s legal interest in the Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Property for the benefit of the public and Owner.
Section 8. Notice. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certi fied, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
To City: City Clerk
City of Redlands
P.O. Box 3005
Redlands, CA 92373
[email protected]
(909) 798-7531
To Owner: Debashish Ghosh and Atishma Kant, Owners 225 E. Fern Avenue
Redlands, CA 92373
[email protected]
[email protected]
(812) 360-3555
Section 9. General Provisions.
A. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the P arties and any of their heirs or successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or me mbers of any joint enterprise.
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B. Owner shall hold City and its elected and appointed officials, officers, employees , and agents harmless from any and all liability for damage or claims for personal injuries, including death, and claims for property damage which may arise from the direct of indirect use of operations of Owner or those of Owner’s contractors, subcontractors, agents, employees, or other persons acting on the Owner’s behalf which relate to the use, operation and maintenance of the Property. Owner shall defend and indemnify City and its elected and appointed officials, officers, employees and agents with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connectio n with the Property.
This provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of operations referred to in this Agreement whether or not City prepared, supplied or approved the plans, specifications or other documents for the Property.
C. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the Parties, and their successors and assigns of the Property, whether by operation of law or in any manner whatsoever.
D. In the event any action or proceeding is commenced by any party to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any Party, the prevailing party in such proceeding may recover all reasonable attorneys’ fees to be fixed by the court, in addition to fees incurred by a Party for in-house counsel, and in addition to court costs and other relief ordered by the court.
E. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
F. This Agreement shall be construed in accordance with and governed by the laws of the State of California.
Section 10. Recordation. No later than twenty (20) days after City’s approval of this Agreement, City s hall cause this Agreement to be recorded in the Office of the Recorder of the county of San Bernardino.
Section 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the Parties.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed.
CITY OF REDLANDS: OWNER:
____________________________ _______________________________ Paul T. Barich, Mayor Debashish Ghosh
ATTEST: OWNER:
_____________________________ ________________________________ Jeanne Donaldson, City Clerk Atishma Kant
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EXHIBIT “A”
GRANT DEED
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EXHIBIT “B”
REHABILITATION/RESTORATION/MAINTENANCE PLAN
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Year Work Estimated Cost Estimated Yearly
Tax Relief Cumulative Cost Culmulative Tax Reduction
1 Historic Window Restoration Phase I - All upstairs double hung windows 4,900 5,182 4,900 5,182
2 Historic Window Restoration Phase I - All downstairs
double hung windows 4,490 5,182 9,390 10,364
3 Seismic Retrofit Phase I 7,900 5,182 17,290 15,546
4 Seismic Retrofit Phase II 22,724 5,182 40,014 20,728
5 Seismic Retrofit Phase III 22,724 5,182 62,738 25,910 6 Seismic Retrofit Phase IV 22,724 5,182 85,462 31,092
7 Porch Restore & Repair 5,500 5,182 90,962 36,274
8 Brick Chimney Restore/Replace 4,353 5,182 95,315 41,456 9 Exterior Siding Repair/Replace 8,700 5,182 104,015 46,638 10 Exterior Paint 5,650 5,182 109,665 51,820
109,665 Total Tax Relief: 51,820
225 Fern Avenue -Rehabilitation Plan - Amended
Total Cost:
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EXHIBIT “C”
SECRETARY OF INTERIOR'S STANDARDS FOR REHABILITATION
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City Council/Successor Agency Meeting I. 16.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Notice to conduct an annual review of approved Development Agreements in accordance with Chapter 18.220 of the Redlands Municipal Code (Development Services Director Desatnik) MOTION(S):
If the City Council determines that staff's recommendation is appropriate, the following motion is provided:
I move to receive and file this notice.
RECOMMENDATION:
Staff recommends that the City Council acknowledge receipt of the notice that the following Development Agreements will be subject to an annual review for calendar year 2020 in accordance with Chapter 18.220 of the Redlands Municipal Code (RMC):
Mountainview Power Company1.
Robertson's Ready Mix, Ltd2.
Cemex Construction Materials, L.P.3.
Cal-Red Facility, LLC, a Delaware limited liability company, and Redlands Health Services and AV Associates
4. Redlands Community Hospital5.
ESRI (Environmental Systems Research Institute)6.
DISCUSSION:
Section 18.220.180 of the RMC establishes the requirement for an annual review of approved Development Agreements. This provision provides that the City shall review Development Agreements at least once every twelve (12) months from the date of their approval. Pursuant to Government Code Section
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65865.1, the applicant for a Development Agreement has the duty to demonstrate its good faith compliance with the terms of the Development Agreement at the time of the review. The City’s cost for the annual review is paid by the applicant. There are currently six (6) active Development Agreements that have been in effect for at least one year with the City.
The following provides a brief summary:
Mountainview Power Company - This project is a steam electric power-generating facility operated by Southern California Edison, located at the northeast corner of San Bernardino Avenue and Mountain View Avenue. The Agreement became effective on October 24, 2000, and extends for a 30-year period.
1. Robertson's Ready Mix, Ltd - This agreement implements a business license tax payable to the City quarterly, based on the tonnage mined by Robertson's within the City of Redlands. The Agreement was approved by the City Council on July 17, 2001, and remains in effect for a 65-year period.
2. Cemex Construction Materials, L.P. - This Agreement implements a business license tax payable to the City quarterly, based on tonnage mined or processed within the City of Redlands. The Agreement was approved by the City Council on July 17, 2001, and remains in effect for a 65-year period.
3. Cal-Red Facility, LLC, a Delaware limited liability company; Redlands Health Services, a California Corporation; and AV Associates, a California Limited Partnership - This Agreement is for the operation and future expansion of the Assistencia Villa, a licensed Skilled Nursing Facility located on Barton Road. The Agreement was approved by the City Council on December 2, 2003, and the term of the Agreement is for 30 years.
4. Redlands Community Hospital - This Agreement addresses implementation of the long-range plan for the expansion of Redlands Community Hospital. The Agreement was approved by the City Council on December 2, 2003, and the term of the Agreement is for 30 years.
5. Environmental Systems Research Institute (ESRI) – This Agreement addresses the long-term development and expansion of the ESRI corporate headquarters, located at 380 New York Street. The Agreement was approved by the City Council on July 5, 2005, and remains in effect for 30 years.
6. Staff is required under RMC Section 18.220.180 to first provide notice to the City Council, at a regularly scheduled meeting, that a Development Agreement will undergo an annual review in accordance with this chapter. Since these agreements all have different anniversary dates, staff historically has prepared the annual report for all the agreements at one time. Staff will be contacting the applicants, and return to Council with a review of each Development Agreement for Council's consideration within 90 days.
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ALTERNATIVES:
The City Council may continue the matter and request additional information.
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Sean Reilly, Senior Planner
Fiscal Impact
Discussion:
The cost for the annual review will be paid by the applicants.
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City Council/Successor Agency Meeting I. 17.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Professional Services Agreement with Willdan Engineering to increase the original agreement from $29,500 to a total aggregate amount of $86,400 for Building Official Services while the Development Services Department recruits to fill the vacant Chief Building Official position (Development Services Director Desatnik)
MOTION(S):
If the City Council determines that the staff’s recommendation is appropriate, the following motion is provided:
I move to approve the First Amendment to the Agreement with Willdan Engineering.
RECOMMENDATION:
Staff recommends City Council approve the First Amendment to the Agreement with Willdan Engineering for Building Official Services while the Development Services Department recruits to fill the vacant Chief Building Official position.
DISCUSSION:
On February 21, 2022, the Chief Building Official position in the Development Services Department became vacant. The Department is currently recruiting to fill the vacant position. Building and Safety is responsible for the enforcement of construction and occupancy standards adopted by the City of Redlands and the State of California. These services are vital to daily operations and the department cannot go without them.
Approval of the First Amendment to the Agreement with Willdan Engineering will allow the Department to continue to provide vital services to its customers.
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ALTERNATIVES:
City Council may elect not to approve the First Amendment to the Agreement.
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Tricia Munoz, Management Analyst
Fiscal Impact
Fiscal Year: 2022-23
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $56,900
Budgeted Y/N: Y
Account No.: 101162
Discussion:
Approval of this item will not impact the General Fund. The Development Services Department Building and Safety Division (101162) 2022-23 budget has sufficient appropriation to meet the needs of the First Amendment to the Agreement with Willdan Engineering.
Attachments
First Amendment_Willdan Engineering
Original Agreement with Willdan (Reference Only)
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FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This first amendment (“First Amendment”) to the agreement for the provision of Building Official, Plan Review and Permit Inspection Services (“Agreement”), dated February 14, 2022, by and between the City of Redlands, a municipal corporation and a general law city ( “City”), and Willdan Engineering, a California corporation (“Consultant”) , is made and entered into this 5th day of April, 2022.
RECITALS
WHEREAS, it is the desire of City and Consultant to amend Exhibit “A” of the Agreement, titled “Scope of Services,” to increase the scope of services to include those described in Exhibit “1,” which is attached hereto and incorporated herein by reference; and
WHEREAS, it is the desire of the City and Consultant to amend Article 4.1 of their existing Agreement to increase the Consultant’s present total compensation of twenty-nine thousand five hundred dollars ($29,500) to the amount of eighty-six thousand four hundred ($86,400);
NOW, THEREFORE, the City and Consultant agree as follows:
AGREEMENT
Section 1. Section 1.1 of the Agreement, titled “Engagement of Consultant,” is hereby amended to read as follows:
“1.1 Pursuant to the authority of Government Code section 37103, City hereby engages Consultant to provide temporary special professional services that are customarily performed by the City’s Building and Safety Building Official, Plans Examiners and Building Inspectors (the “Services”).”
Section 2. The scope of work performed by Consultant pursuant to Exhibit “A” of the Agreement, titled “Scope of Services,” is hereby amended to include the work that is identified in Exhibit “1.”
Section 3. Section 4.1 of the Agreement, titled “Payments to Consultant,” is hereby amended to read as follows:
“4.1 Total compensation for Consultant’s performance of the Services shall not exceed eighty- six thousand four hundred dollars ($86,400). City shall pay Consultant on a tim e and material basis in accordance with Exhibit “B,” titled “Compensation,” which is attached hereto and incorporated herein by this reference.”
Section 4. The compensation contained within Exhibit “B” of the Agreement is hereby deleted in its entirety, and substituted with a new compensation in the form attached hereto as Exhibit “2.”
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Section 5. All other provisions of the Agreement shall remain unchanged by th is First Amendment and in effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of April 5, 2022.
CITY OF REDLANDS WILLDAN ENGINEERING
________________________________ By: ________________________________ Paul T. Barich, Mayor Patrick Johnson,
Director of Building & Manager Safety
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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EXHIBIT “1”
ADDITIONAL SCOPE OF SERVICES
Provide California Building Standards Code construction inspection and plan review services on an on-call, as needed basis. Such consulting shall include reviews for Review building plans for compliance with the current editions of the California Codes (i.e., the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Green Code, Historical Code, etc.), development approvals, and other pertinent City and State regulations falling within the purview of the Building Official; provide a detailed list of deficiencies needing correction and mark up documents; make recommendations for approval of said plans when found to be in compliance, as stated above, or when they have been corrected or altered to be in compliance; and meet with various constituents, including but not limited to, architects, building designers, contractors and owner -builders, to resolve issues regarding plans being reviewed.
Provide inspectors certified and qualified to perform building code inspections in accordance with the current editions of the California Codes (i.e., the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Green Code, Historical Code, etc.), State and City regulations and other rules and regulations within the purview of the Building Official and review the permit package to verify that the on -site condition is consistent with the City’s records for development approvals, square footage, setbacks, heights, and other requirements that may be applicable. Inspectors shall be qualified to perform inspections of existing building for violations of Building Codes and Ordinances as adopted by the City; research properties for prior approvals, permit and general information relating to violations; investigate and take necessary action when a violation of City regulations exists; comply with the City’s procedures for reporting inspection results and deficiencies; use City inspection summary reports; make appropriate entries onto the permit documents and other records; notify the builder of other agency approvals required prior to finalizing a building permit; maintain records as may be needed for the efficient and effective operation of the City; and meet with members of the general public and City staff on a daily basis in the City offices, if necessary.
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EXHIBIT “2”
COMPENSATION
SERVICE PROVIDED HOURLY RATE
Building Official $135/hour
ICC Plan Examiner $120/hour
Plan Check Engineer $135/hour
Total Compensation: $86,400
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City Council/Successor Agency Meeting I. 18.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a sole source purchase order with Cummins Sales and Service in the amount of $57,011.01 for in-frame repairs to a solid waste collection truck (Assistant City Manager Boatman) MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve a sole source purchase order with Cummins Sales and Service in the amount of $57,011.01 for in-frame repairs to a solid waste collection truck.
RECOMMENDATION:
Staff recommends the City Council approve a sole source purchase order with Cummins Sales and Service in the amount of $57,011.01 for in-frame repairs to a solid waste collection truck.
DISCUSSION:
The City's Facilities and Community Services Department regularly procures supplies and services to support field operations throughout the City. A solid waste collection truck was sent to Cummins Sales and Service for an in-frame repair. Pursuant to the City's purchasing guidelines, a sole source purchase order was approved in the amount of $28,000 for the in-frame repair work to this truck. Cummins was selected as a sole source vendor as they were the only vendor available to address the repairs in a timely manner. Other authorized vendors had delays up to several months. After inspection of the truck, it was determined that the repairs were more extensive, with the cost now estimated at $58,000. Per the purchasing guidelines, this amount requires City Council approval.
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ALTERNATIVES:
City Council may choose to reject the sole source purchase order with Cummins Sales and Service, however, this will impact the repairs and availability for the truck to be placed back in service.
STRATEGIC PLAN:
Supports Focus Area C: Infrastructure
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Monica Duran, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2021-22
Revenue Generating: No
Amount: $57,011.01
Budgeted Y/N: Yes
Account No.: 607900
Discussion:
Sufficient funding for this service is included in the Equipment Maintenance Division's (607900) budget for Fiscal Year 2021-22 as approved by City Council.
Attachments
A. Sole-Single Source Request Form
B. Sole Source Quote
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City Council/Successor Agency Meeting I. 19.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a request to hold the Redlands Firefighter's Car show event hosted by the Redlands Professional Firefighters Association on May 29, 2022 at Ed Hales Park and along State Street; authorize street closures; approve a request for in-kind support in the amount of $6,648.00; authorize the sale and consumption of alcoholic beverages at the event, and determine that the event is categorically exempt from environmental review pursuant to Section 15301 of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman) MOTION(S):
If the City Council determines that the requests are appropriate, the following motions are provided:
I move that the City Council determine that the Redlands Firefighter's Car Show event to be held on May 29, 2022 at Ed Hales Park and along State Street is categorically exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act;
1. I move to authorize the closure of State Street from Orange Street to 9th and 5th, 6th, 7th, 8th Street from Redlands Blvd to Citrus Street from 5 a.m. to 6 p.m. on the event day;
2. I move to approve the expenditure of city resources and a waiver of fees in the amount of $6,648.00; and,
3. I move to authorize the sale and consumption of alcoholic beverages during the Redlands Firefighter's Car Show event.
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RECOMMENDATION:
Staff recommends that the City Council approve a request to hold the Redlands Firefighter's Car show event hosted by the Redlands Professional Firefighters Association on May 29, 2022, within Ed Hales Park and along State Street within the downtown area; authorize street closures; approve a request for in-kind support in the amount of $6,648.00; authorize the sale and consumption of alcoholic beverages; and, determine that the event is categorically exempt from environmental review pursuant to Section 15301 of the state’s guidelines implementing the California Environmental Quality Act (CEQA).
DISCUSSION:
The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit organizations to provide services beneficial to the community. Therefore, in an effort to provide support for programs that provide a community benefit, the City Council, from time to time, will consider the authorization of the expenditure of City resources related to a specific special event without reimbursement from Redlands-based non-profit agencies and organizations.
The Redlands Professional Firefighters (RPFA) is requesting to hold the annual Redlands Firefighter's Car Show event at Ed Hales Park and along State Street in the downtown area on Sunday, May 29, 2022, from 6:00 a.m. to 6:00 p.m.
The event is open to the public and is anticipated to bring approximately 1000 visitors into the downtown area. In the past the event has raised between $6,000 to $10,000 per year. The RPFA is requesting permission to serve alcohol at the event that will end no later than 6:00 pm. In addition, the RPFA is requesting a waiver of fees and departmental resources including personnel and equipment from the Police, Facilities & Community Services and Fire Departments in the amount of $6,648.00. The RPFA is registered as a non-profit organization operating out of the City of Redlands. The City Council waived fees in the amount of $5,926.78 for the Redlands Firefighters Car Show event in 2019.
The RPFA will be responsible for operating and obtaining the Daily License to Serve Alcohol from the Office of Alcohol Beverage Control. City Council approval is also necessary to authorize the consumption of alcohol for this event due to its proposed location. Staff's approval authority is limited to only enclosed public areas in public parks as defined by Resolution No. 7559 and therefore the approval of this request is outside of staff's purview. Furthermore, this event has been determined to be categorically exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15301.
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This section includes the permitting of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
ALTERNATIVES:
The City Council has the option of denying the request, waiving a portion of the fees, or directing staff with alternatives.
STRATEGIC PLAN:
Supports Objective B-2: Tourism: Increase tourism by marketing Redlands as a destination.
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Larry Alms, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2021-22
Discussion:
In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event.
The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.
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Departmental Charges
(Personnel & Equipment)
2022 Amount Type 2019 Amount
Police Personnel1 $5,140.00 Hard Cost $2,944.00
Fire Personnel1 $640.00 Hard Cost $2,691.78
Fire Equipment $200.00 Soft Cost $200.00
Development Services
Department Personnel
$574.00 Hard Cost N/A
Personnel & Equipment
Subtotal
6,554.00 $5,835.78
Fees Established by City
Council
Resolution
Ed Hales Park Reservation $94.00 Soft Cost $91.00
Fees Subtotal $94.00 $91.00
Total Departmental Charges
and Fees
$6,354.00
(hard)
$294.00(soft)
$6,648.00
(Total)
Total $5,926.78
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.
The following table summarizes the total estimated costs associated with the use of City resources and waiver of fees approved for events scheduled during Fiscal Year 2021-22 to date:
TABLE 2: FY 2021-22 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$213,289.6 $5,035.20 $1,600.00 $219,925.1 $218,325.10
Attachments
A. In-Kind Support Request
B. Authorization to Serve Alcohol
C. Verification of Nonprofit
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Publication 78 Data
Organizations eligible to receive tax-deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions.
On Publication 78 Data List: Yes
Deductibility Code:
PC
Copies of Returns (990, 990-EZ, 990-PF, 990-T)
Electronic copies (images) of Forms 990, 990-EZ, 990-PF or 990-T returns filed with the IRS by charities and non- profits.
Tax Year 2020 Form 990
Tax Year 2019 Form 990
Tax Year 2018 Form 990
Tax Year 2017 Form 990
Tax Year 2016 Form 990
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City Council/Successor Agency Meeting I. 20.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Reject all bids received for the On-Call Sewer Collection System Repair Services (Municipal Utilities and Engineering Director Harris) MOTION(S):
If the City Council determines that the staff recommendation is appropriate, the following motion is provided:
I move to reject all bids received for On-Call Sewer Collection System Repair Services.
RECOMMENDATION:
Staff recommends City Council reject all bids received for On-Call Sewer Collection System Repair Services.
DISCUSSION:
In accordance with the California State Water Resource Control Order No. 2006-0003 DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems under Waste Discharge Identification Number 8SSO10558, the City is required to properly maintain the conveyance of wastewater by way of the collection system to minimize and prevent sanitary sewer overflows. These guidelines include necessary repairs and improvements to the wastewater collection system to avoid disruption of sewage collection, protect city assets, promote public health & safety, and protect the environment.
On April 15, 2020, City Council approved the On-Call Sanitary Sewer Collection System Repair Services. The scope of the services includes repairs to sanitary sewer collection pipelines and replacement of sewer manhole covers throughout the city limits. The current service agreement will expire in April 2022.
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In accordance with the City's procurement protocol, staff advertised a Request for Bid on February 07, 2022. On February 24, 2022, the City Clerk's office received and opened the following five (5) bids:
Company Name, Location Total Bid Amount
MCC Pipeline, Yucaipa, CA $1,671,220
Kirtley Construction, San Bernardino, CA $2,378,500
Tryco General Engineering, Rimforest, CA $2,767,100
Gabriel Frausto Underground Construction, Inc., Walnut, CA
$2,988,390
TE Roberts, Inc., Irvine, CA $5,846,867
Bid Opening Report Summary
All bids received are over the engineer's estimate and exceed available funding in the wastewater service fund. As a result, staff recommends that City Council reject all bids and direct staff to solicit new bids for on-call sanitary sewer collection system repair services.
ALTERNATIVES:
No feasible alternative is recommended since all bids exceed the engineer's estimate and available funding.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Fernando Mata, Wastewater Operations Superintendent
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Fiscal Impact
Discussion:
There is no fiscal impact associated with the rejection of all bids.
Attachments
Bid Opening Report
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City Council/Successor Agency Meeting I. 21.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize a contribution of $70,099.25 to San Bernardino Valley Water Conservation District's Habitat Conservation Trust for Wash Plan permitting fees, and approve an additional appropriation in the amount of $70,099.25 (Municipal Utilities and Engineering Director Harris)
MOTION(S):
Should the City Council determine that staff's recommendations are appropriate, the following motions are provided:
I move that the City Council authorize a contribution of $70,099.25 to San Bernardino Valley Water Conservation District's Habitat Conservation Trust for Wash Plan permitting fees; and
1. I move that the City Council approve an additional appropriation in the amount of $70,099.25.
2. RECOMMENDATION:
Staff recommends that Council authorize a $70,099.25 contribution to San Bernardino Valley Water Conservation District's Habitat Conservation Trust for Wash Plan permitting fees, and approve an additional appropriation in the amount of $70,099.25.
DISCUSSION:
In 1997, agencies with jurisdiction in and adjacent to the Santa Ana River between the cities of Highland and Redlands collaborated to form a Wash Committee to address environmental concerns. The committee was tasked with developing appropriate policies for the management of wash resources such as mining, recreation, habitat preservation, and water production. The committee, chaired by a San Bernardino Valley Water Conservation District (SBVWCD)
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representative, drafted conservation area operating guidelines known as the Wash Plan which reflected a general agreement between the affected agencies.
Participating agencies include the Bureau of Land Management, U.S. Fish and Wildlife, various California resource agencies, two (2) wash area mining companies and the cities and local agencies with jurisdiction within portions of the river.
Each participant agreed to provide funding for Habitat Conservation Plan (HCP) activities to protect critical habitats and to limit land development and other environmentally damaging activities in the wash area. In return, each agency receives compensatory mitigation credit for specific projects such as mining operations, recreation trails, road improvements, and water facilities, which allows projects to proceed without harming critical habitat. This blanket mitigation is significantly less expensive than mitigating individual projects, and will cover City projects such as street widening and bike facility construction, a number of proposed recreation trails, the Santa Ana River Trail, and storm drainage facilities within the HCP area. The HCP also allows continued operation and planned future expansion of groundwater wells, percolation basins, and water distribution facilities within the wash area.
On September 19, 2017, the City Council adopted a Wash Plan Memorandum of Understanding. The MOU provides for adoption of the Implementing Agreement (IA) between United States Fish and Wildlife and SBVWCD, and establishes a conservation trust fund. In exchange for compensatory mitigation credit provided by the Wash Plan, the MOU obligates the City to contribute funding to the conservation trust fund to offset a portion of the annual permitting fees.
ALTERNATIVES:
The City executed a Memorandum of Understanding (MOU) with San Bernardino Valley Water Conservation District, which obligates the City to pay a portion of the Wash Plan permitting fees.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan, Jr., City Manager
REVIEWED BY:
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REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Chris Boatman, Assistant City Manager
PREPARED BY:
Goutam K. Dobey, Engineering Manager
Fiscal Impact
Fiscal Year: FY 21/22
Appropriation Required Y/N: Yes
Amount: $64,998.00
Budgeted Y/N: No
Account No.: 101400
Discussion:
Wash Plan conservation trust fund contribution for permitting fees for department projects:
Church Street Drainage Pipe $19,097.00
Judson Street Drainage Pipe $555.00
Orange Street Drainage Dissipater $1,381.00
Wabash Street Drainage Pipe $5,006.00
Alabama Street Improvements $24,439.00
Orange Street Improvements $14,383.00
Alabma Street Trail $137.00
Fiscal Year: FY 21/22
Appropriation Required Y/N: Yes
Amount: $2,505.25
Budgeted Y/N: No
Account No.: 501900
Discussion:
Wash Plan conservation trust fund contribution for permitting fees for department projects:
Redlands Aqueduct Tunnel $2,506.25
Redlands Well Connector Pipeline ($1.00)
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Fiscal Year: FY 21/22
Appropriation Required Y/N: Yes
Amount: $2,596.00
Budgeted Y/N: No
Account No.: 101300
Discussion:
Wash Plan conservation trust fund contribution for permitting fees for department projects:
Santa Ana River Trail $949.00
Santa Ana River Trail River Crossing $1,647.00
Attachments
A: SBVWCD Invoice #203
B: Wash Plan MOU_signed (Reference only)
C: Additional Appropriation Form - 101400
D: Additional Appropriation Form - 101300
E: Projects Location Map
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ME
MORANDUM OF UNDERSTANDING TO IMPLEMENT THE HABITAT
CONSERVATION PLAN FOR THE UPPER SANTA ANA RIVER WASH PLAN AND
ASSOCIATED IMPLEMENTING AGREEMENT
THIS MEMORANDUM OF UNDERSTANDING (
19t
h day of September, 2017
par
ty
par
ties
CE
MEX CONSTRUCTION MATERIALS
EA
ST VALLEY WATER DISTRICT
CI
TY OF REDLANDS MUNICIPAL
UTILITIES & ENGINEERING
DE
PARTMENT
CO
UNTY OF SAN BERNARDINO SA
N BERNARDINO VALLEY MUNICIPAL
SA
N BERNARDINO VALLEY WATER SA
N BERNARDINO VALLEY
CONSERVATION TRUST
RE
CITALS
Th
is MOU is entered into on the basis of the following facts, understandings, and intentions of the Parties:
A. In 1993, representatives of water, mining, flood control, wildlife and municipalities was
expanded to address conflicting proposed land functions in the Wash. The Wash Committee met on an as needed basis with other stakeholders in the areas within the Wash, including representatives from mining communities.
B. In 1997, the Wash Committee began meeting on a regular basis to determine how to accommodate all of the important functions within the Wash. A Policy ected
officials from
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th
e County, Highland, Redlands, SBVWCD and the Field Manager from the BLM.
PA
C agencies and other water, mining, flood control and wildlife interests. The SBVWCD chaired and provided staff support for the Wash Committee, PAC and TAC. The TAC studied how the areas within the Wash could best be used, independent of land ownership boundaries.
C. In 2000, the TAC created a conceptual plan for the areas within the Wash designated for specific land uses, which formed the basis for what would become the Uppe
in
cludes
habitat conservation and management measures, in the context of a land use concept plan to harmonize sand and gravel mining, water conservation, and other uses in the Wash. The Wash Plan covers approximately 4,900 acres in southwestern San Bernardino County, approximately one mile downstream of the Seven Oaks Dam and extending approximately six miles westward from Th
e
Plan Area is generally depicted in Exhibit A hereto. Under the Wash Plan, some land previously designated for mining with high habitat value was proposed for conservation, while other land with lower biological value previously designated for habitat conservation was proposed for mining.
D.
tw
o private entities), jurisdictions (Highland, Redlands and the County) and land use designations (open space and agriculture/equestrian in Highland and flood control/construction aggregates conservation/habitat preservation in Redlands). joi
nt funding and governance of the lands that would become subject to the Wash Plan. The members of the Task Force include: the SBVWCD, the U.S.
BLM ,
County, Highland,
Redlands, RUD, EVWD, CEMEX and .
The Task Force also has
advisory members including: the United States Fish and Wildlife Service US
FWS C
alifornia Department
SB
VWCD is the project manager and provides staff support for the Task Force.
E. In 2008, the SBVWCD adopted the Wash Plan and certified an associated Environmental Impact Report State Clearing House Number 2004051023 SB
VMWD joined the Task Force subsequent to the certification of the Wash Plan EIR, and presently plans to coordinate its regional water management activities with development of additional water spreading and related water conservation facilities within the Wash Plan Area.
F. The Wash Plan anticipates land exchanges, which include: (1) an independent land exchange by separate agreement between San Bernardino County Flood Control D of
approximately 40 acres, (2) a
SB
VWCD under this MOU of approximately 16 acres; (4) a land exchange
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bet
ween BLM and SBVWCD by separate legislative action, agreement, and federal action; and (5) a land transfer from Redlands to SBVWCD under this MOU. The various land exchanges are depicted in Exhibit B hereto.
G. Although it is outside the scope of this MOU, SBCFCD has also proposed a land dedication to conservation within the Wash Plan Area for SBCFCD projects proposed for coverage under the Upper Santa Ana River Wash Plan Habitat Conservation Plan low
). SBCFCD intends
to submit a separate application for an incidental take permit based on the HCP, and may enter into a separate MOU with SBVWCD regarding integration of H.
The land exchange between BLM and SBVWCD will require an amendment to Th
at EIS is currently
being prepared, and reviewed by USFWS and BLM. The Plan Area is currently used for a variety of purposes including water conservation and storage activities, flood control, habitat conservation, aggregate mining/mineral extraction, agriculture, roadways and airport operations.
I. The parties wish to undertake new or expanded mining, water conservation, well and water infrastructure, transportation, and trail development activities def
ined in paragraph 3.12 of the Imp
wh
ich will be entered into between SBVWCD and USFWS upon completion of the application process) on portions of the Plan Area (generally referred to herein
3. 10 of the IA).
The terms of the draft IA (excluding the HCP it incorporates) have been negotiated between the SBVWCD and the USFWS, and a copy of that negotiated agreement is attached hereto as Exhibit C. USFWS has advised the Parties that the IA cannot be finally approved by USFWS until an incidental take permit is issued by the USFWS to SBVWCD as Permittee pursuant to Section 10(a)(1)(B) of the ESA for Take of the Listed Species incidental to Covered Activities on Covered Lands On
ce the IA is executed in its final
form, that completed IA will be substituted in this Agreement for the draft agreement presently appended as Exhibit C. To the extent any party approves this MOU in consideration of the terms and conditions of the draft of the IA appended as Exhibit C, and the final form of the IA differs in any material aspect, that approving Party may terminate its participation in this MOU pursuant to the provisions of Section 22 below.
J. Because the Covered Activities on Covered Lands may impact certain species List
ed
an i
ncidental take permit issued by the USFWS pursuant to Section 10(a)(1)(B) of the Endangered Species A
Cal
ifornia permitting or a consistency determination from the California
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av
oid or minimize adverse impacts
to the Listed Species. The SBVWCD is in the process of obtaining the Permit from the USFWS, and is in discussions with CDFW.
K. In connection with obtaining the Permit, the SBVWCD has developed a series of measures, described in the HCP, to minimize and mitigate to the maximum extent practicable the effects of Take of Listed Species incidental to the Parties Cov
ered Activities. The HCP identifies Covered Activities, Covered Lands, and provides an allocation of cost and/or mitigation land dedication attributable to each. This allocation permits the parties to implement their Covered Activities over time, and to commit the required mitigation as disturbances from Covered Activities occur, instead of all at once at the outset. USFWS and CDFW have required, however, that the proportion of land devoted to conservation under the Wash Plan stay at all times no less than five percent (5%) ahead of the related amount of disturbance from Covered Activities
L. S
BCFCD was originally contemplated to be a part of this MOU, but has subsequently withdrawn. SBCFCD has indicated it will pursue an independent IA and its own incidental take permit under the HCP. Notwithstanding wi
thdrawal from the MOU, the planning work and overall formulation of the Mitigation Plan and the habitat preservation and management strategies under the Wash Plan HCP have served as the foundation of, and contribute directly to, the contemplated independent IA and permit for SBCFCD. As such, and as contemplated to be memorialized in a separate MOU with SBVWCD, SBCFCD shall contribute its proportionate share of Issuance Costs. .
M. Each of the remaining parties have found and determined that it is in their best interests to join together to implement the Permit, HCP and IA (collectively, the pro
vide an equitable cost-sharing mechanism for the funding of the Project, and to define the projected schedule and scope of work to execute the Project. This MOU is intended to function compatibly with, and in support of, the IA and the HCP and the Permit.
N. In connection with the development of the Wash Plan, the Wash Plan EIR, the HCP, the IA, and this MOU, SBVWCD has incurred and advanced to the Task Force consultant and professional fees, as well as staff time and resources, for the benefit of all parties in addition to the costs originally estimated for securing O.
Terms used in this Agreement and specifically defined in the Endangered hav
e the same meaning as in the ESA and those implementing regulations, unless this MOU expressly provides otherwise.
TERMS & CONDITIONS
SECTION 1: DUTIES OF THE PARTIES
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A.
Duties of the SBVWCD. The SBVWCD will hold the Permit and be a party to the IA. As such, the parties agree that the duties of the SBVWCD shall include the following:
1. Issuing Certificates of Inclusion to
the parties in accordance with
the Permit, HCP, IA and the procedures and criteria set forth in Section 2 of this MOU and Section 5.2.3 of the IA;
2. req
uested by the parties, in accordance with Section 13.1 of the IA and Sections 2 or 5 of this MOU; provided that all costs of same are borne by the party or parties requesting modifications, including reimbursement of SBVWCD and Conservation Trust costs;
3. Reviewing, and, if appropriate, seeking USFWS approval of, any amendments to the Permit that may be requested by the parties to include lands that are not Initial Covered Lands (as that term is defined in Section
3.17 of the IA) or Additional Covered Lands (as that term is defined in Section 3.3 of the IA) in accordance with Section 13.1 of the IA and Sections 2 or 5 of this MOU (hereafter, lands that are not Initial Covered Lands or Addi
par
ty or parties
requesting them, including SBVWCD and Conservation Trust costs;
4. Assisting the Conservation Trust as needed in establishing a non-wasting endowment to finance annual management, monitoring and administration costs (estimated to be approximately $369,329 per year in perpetuity) in accordance with Chapter 7 of the HCP ;
5. H
olding property ownership of transferred lands and effectuating deed restrictions, restrictive covenants or conservation easements to be held for the benefit of the Wash Plan HCP by and through the Conservation Trust or its successor;
6. Effectuating the land exchanges and transfers as referenced in Section 4 of this MOU;
7. Providing the indemnifications consistent with Section 8 of this MOU; and
8. Assuring that, as holder of the Permit, it can implement and enforce the requirements of the Permit for Covered Activities on all Covered Lands, as that term is defined in Section 3.10 of the IA. As part of this assurance, SBVWCD intends to require parties who are issued Certificates of Inclusion to enter into an agreement relating to same and their own conduct of Covered Activities, which agreement will be generally the form attached hereto as Exhibit E.
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B.
Duties of the Other Parties . The parties are members of the Task Force and desire to perform certain Covered Activities on Covered Lands. As such, the parties agree that the duties of each party (other than the SBVWCD and the Conservation Trust) shall include the following:
1. Applying for and obtaining a Certificate of Inclusion from the SBVWCD prior to commencing any Covered Activity on Covered Lands in accordance with Section 2 of this MOU; and Section 5.2.3 of the IA.
2. Paying to the Conservation Trust or its successor that al
located
share of the funding for
th
e initial seven (7) year period, Issuance Costs approved by the Task Force, and the allocated proportionate Endowment costs of the funding assigned to the Covered Activity proposed by such party. All such costs shall be paid at the time of or before the disturbances caused by such Covered Activity, toward the Endowment for financing the overall management, monitoring, and administration costs of the HCP and the Permit. The list of Covered Activities, the acreages of impact anticipated for each, and the amount of funding contribution attributable to each Covered Activity are reflected in the schedule attached hereto as Exhibit D;
3. Paying the SBVWCD for the costs it incurs in the initial processing of the ap
plication for a COI that are not covered by the Issuance Costs paid by the applicant party or proceeds from the Endowment;
4. Effectuating any land transfer under Section 4 of this MOU;
5. Providing the indemnifications consistent with Section 8 of this MOU;
6. Complying with all applicable provisions of the Permit, HCP, IA and federal, state and local laws and regulations, and the provisions of such COI Agreement as may be entered into as a condition to the issuance of the COI, including but not limited to complying with any orders or ( Sect
ion 17.3; and
, as de
fined in
50 C.F.R.; and Section 3.28 of the IA), or
Adaptive Management (as provided in Section 5.3 of the HCP and section 11 of the IA) .
7. Responding timely to any notice from the SBVWCD of any proposed amendment or minor modification to the Permit; and
8. To the extent any of the properties identified as Newly Conserved Lands under the HCP are owned or otherwise subject to easement, license, or other possessory interest by a Party proposing a Covered Activity, and such Newly Conserved Land is required to be actively managed under the
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ter
ms of the habitat management requirements of the Permit, such party shall, within the time frames specified in Section 4 below, transfer to the SBVWCD all right, title and interest to transfer a full, unencumbered fee interest thereto (except as may have otherwise been permitted in advance in writing by USFWS or CDFW), to allow the SBVWCD or its designee to perform all habitat management actions and strategies required by the Permit.
SECTION 2: CERTIFICATES OF INCLUSION.
A.
Purpose of Certificate of Inclusion. Any party who wishes to undertake a Covered Activity on any Covered Lands, and who wishes to do so under the Permit, shall first secure from the SBVWCD a COI as provided in Section 2 hereunder. The purpose of the COI shall be to effectuate the planned phasing of the various Covered Activities encompassed within the Project, identifying the precise activities being proposed as part of the Covered Activity, comparing the scope and anticipated impacts from such activities to those contemplated in the environmental and habitat impact assessments done as part of the HCP and Permit, and assuring that the mitigation preservation and management activities required under the Permit for all proposed activities are funded, in place, and capable of being sustained.
B. Funding Requirements for the Certificate of Inclusion.
1. Jump Start Funding. USFWS has required the Project to commit the total sum
of Two Hundred Thirty-One Thousand Dollars ($231,000.00), at the time of the issuance of the Permit, as provided in Section 8.1 of the IA.
Jum
p Start
amou
nts of funding required from the various Covered Activities listed in Exhibit D hereto. At present, the parties anticipate that at the time of Permit issuance enough Covered Activities will be initially funded by the various Parties that the $231,000.00 Jump Start threshold will be met. To the extent this is not the case, however, the parties, and each of them, agree to pay the SBVWCD, for transfer to the Conservation Trust, the proportionate share of such amount as may be required to meet the $231,000.00 Jump Start threshold amount, in the same proportion that the total funding for all of each
pr
oposed Covered Activities bears to
the total funding costs of all Covered Activities. To the extent such contributions to meet the $231,000.00 Jump Start threshold are required; all amounts so paid shall be credited to the first funding requirements otherwise due from the party who paid.
2. Funding for Covered Activities. A party proposing a Covered Activity shall dep
osit with the Conservation Trust or its successor the full payment of the funding amounts shown on Exhibit D as relating to the proposed Covered Activity, and any amount of Issuance Costs not previously paid by such party, at the time of submitting an application for a COI. The
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pay
ment of Issuance Costs shall be paid to and become the property of the SBVWCD All other such payments shall be retained by the Conservation Trust or its successor through the processing of the application for the COI. In the event the COI is granted, the Conservation Trust or its successor shall retain the payment as part of the Endowment.
In the event the COI is not granted, the Conservation Trust or its successor shall return the payment to the depositing party, provided that in the event of any appeal or dispute resolution proceedings relating to the CO
I, such deposit shall be retained by the
Conservation Trust or its successor until final resolution of the appeal or dispute resolution proceeding.
C. Two Tiered Procedure for Issuance of A Certificate of Inclusion.
1. Tier 1 I
nitial Consistency Determination.
a. A par app
licant party
in
the HCP, shall submit to the SBVWCD, in writing, an application for a COI. Such application shall describe in detail the Covered (as
defined in
Section 3.25 of the IA) being proposed in connection therewith, env
ironmental review and/or habitat impact assessment analyses where the Covered Activity was described and analyzed, identify the mitigation, avoidance and minimization efforts or management requirements applicable to the Covered Activity under the Project, and demonstrate how the mitigation being offered, funded, managed, or otherwise contributed by the applicant party meets the requirements of the Permit, the HCP, and the IA with respect to the proposed Covered Activity. The costs the SBVWCD incurs in making Initial Consistency Determinations shall be funded by the proceeds of the Issuance Costs but not the Endowment.
b. Within fourteen (14) days of receiving an
compl
ete application for a COI
In
itial Consistency Determination, as to whether the proposed Covered Activity is consistent with the Permit, HCP and IA (the ter
mination
of
the pendency of the application, and its Initial Consistency Determination regarding same.
c. If the SBVWCD determines the proposed Covered Activity is not consistent (or if the SBVWCD does not have sufficient information to determine whether or not the proposed Covered Activity is consistent), it must notify the applicant party, in writing, of the basis for this determination.
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d. U
pon receiving notice that the proposed Covered Activity is considered not consistent with the description analyzed in the Permit, HCP and IA, an applicant party may either amend and resubmit its request, or it may request the SBVWCD to pursue a minor modification or amendment to the Permit with the USFWS, as provided hereunder.
2. Tier 2 P
rocessing the Request for a Certificate of Inclusion
a. If the proposed Covered Activity is determined by SBVWCD to be consistent with the Permit, HCP and IA, the SBVWCD shall proceed with processing the request for the COI. Upon making a positive Initial Consistency Determination, the SBVWCD shall advise the applicant party of the estimated reasonable costs for the processing of the request for the COI, which cost the party shall thereupon deposit with the SBVWCD.
b. The costs of processing a request for a COI shall not be funded by the proceeds of the Endowment. An applicant party must pay the actual reasonable costs of processing its request for a COI. The SBVWCD shall not be obligated to process a request for a COI until the applicant party provides a reasonable deposit sufficient to fund the time, materials, and work of processing the request. Upon receipt of a request for a COI, the SBVWCD shall provide the applicant party an estimate of such reasonable costs and the amount of the requested deposit. SBVWCD may establish a schedule of such costs based upon its reasonable estimates of such costs generally, or its experience over time in administering such requests, in an effort to standardize such initial COI deposit amounts.
c. The SBVWCD
CO
I to an applicant party
shall be reported to the USFWS with documentation that the proposed project is a Covered Activity and has complied with the requirements of the Permit. Consistent with the IA, the USFWS shall have thirty (30) days from the date SBVWCD provides it Det
ermination to review the matter. USFWS comments shall be recommendations only, and shall be directed to the consistency of the Proposed Covered Activity for which the COI is requested with the Permit, the HCP and the Stay Ahead Mitigation requirements of same, and the consistency of the proposed Covered Activity with the description and analysis done in the NEPA and CEQA review.
USFWS shall either recommend to concur with the determination to issue the COI, or if it does not concur, specify in writing to SBVWCD and the applicant party: 1) the precise grounds upon which USFWS believes the proposed Covered Activity is
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in
consistent with the Permit, IA, or the HCP, and 2) what it proposes be changed in order to process it as a minor modification, or 3) if the matter cannot be processed as a minor modification, the basis for any determination by USFWS why the proposed Covered Activity may only be processed as an amendment to the Permit.
Should USFWS not reply in thirty (30) days from the date notice is provided by SBVWCD of the COI application and its Initial Consistency Determination, the SBVWCD may issue the COI consistent with the Permit, IA and HCP.
D. Criteria for Issuance of Certificate of Inclusion.
1. The SBVWCD shall not issue a COI unless a proposed Covered Activity satisfies all of the following criteria:
a. The proposed Covered Activity is consistent in
substance and scope with the Covered Activities described in the Permit, HCP and IA.
b. The applicant party has provided sufficient mitigation t
hrough the payment of
its Endowment contribution, Jump Start and Issuance Costs to the Conservation Trust or its successor.
c. The applicant party has contractually committed to
bind itself to comply with all requirements of the Permit, HCP and IA in connection with the implementation, operation, and maintenance of the Covered Activity, through an agreement generally in the form attached hereto as Exhibit E.
d. The applicant party has contractually committed to
implement all avoidance and minimization activities listed in the HCP, which are appropriate for their Covered Activity, or has funded same under a specific agreement with the SBVWCD or Conservation Trust, through an agreement generally in the form attached hereto as Exhibit E.
e. Looking at the Plan Area as a whole, issuing a COI
for the proposed Covered Activity will not render the Plan Area out of compliance with the Stay Ahead Mitigation requirements.
2. It is the applicant p
bu
rden to demonstrate why the Take implicated
in the proposed Covered Activity is not greater than the Take that was contemplated in the Permit, HCP and IA. To satisfy this burden, the applicant party shall submit such reasonably required biological reports, species surveys, construction drawings, final environmental documents, and GIS files as have not been already provided, or as may require
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upd
ating, if previously provided. All such information shall be provided in formats that are consistent with the existing HCP administrative database.
E. Modification of the Covered Activity. The applicant party may request the SBVWCD to submit a modification request to USFWS for its proposed Covered Activity. As provided in Section 13 of the IA, a minor modification to the HCP may be available for changes that do not adversely affect the impact assessment or conservation strategy described in the HCP, and do not adversely affect the ability of the SBVWCD to achieve the conservation strategy commitments of the HCP. Minor modifications may not change the scope or nature of the Covered Activity. To the extent a minor modification is required for a proposed Covered Activity, such minor modifications must be approved by the USFWS before the issuance of the COI. Upon the determination that a proposed Covered Activity requires a minor modification, SBVWCD shall advise the applicant party of the estimated costs for the processing of the requested minor modification, which cost the applicant party shall thereupon deposit with the SBVWCD.
F. Amendment of the Plan. An amendment is a change in the HCP that may affect the impact analysis or conservation strategy in the HCP. Amendments to the HCP and the Permit follow the same formal review process as the original HCP and Permit, including NEPA/CEQA review, Federal Register notices, and an internal Section 7 consultation with USFWS. A party whose proposed Covered Activity is determined by USFWS to require an amendment to the Permit may opt to request the SBVWCD to pursue the necessary amendment with USFWS. The SBVWCD shall be under no duty or obligation to do so. If the SBVWCD decides to pursue the amendment, it shall first provide written notice to all other parties to this MOU of its determination, which notice shall include all of the following information: 1) the party proposing the Covered Activity giving rise to the need for the amendment; 2) the location, nature, and description of the proposed Covered Activity giving rise to the need for the amendment; 3) the amount of Take implicated in the proposed Covered Activity; and 4) the reason or reasons why the SBVWCD has decided to cooperate with the request of the party proposing the Covered Activity for an amendment to the Permit. Any party receiving such written notice shall have thirty (30) days from the date of the notice by the SBVWCD to object in writing to the pursuit of the amendment to the Permit, and to specify the grounds for such objection. Upon receipt of any objection, the SBVWCD shall initiate Dispute Resolution proceedings pursuant to Sections 7(B) and (C) below, to resolve any dispute, and the party proposing the Covered Activity, the SBVWCD, and any objecting party(ies) shall proceed under such sections to resolve any dispute regarding the proposed amendment.
Should the amendment be requested, SBVWCD shall advise the applicant party of the estimated costs for the processing of the requested amendment, which cost the applicant party shall thereupon deposit with the SBVWCD.
G. n
ot to Exceed Take. It is the responsibility of a
Covered Entity receiving a COI to ensure that its Covered Activities on Covered
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Lan
ds do not result in a Take that differs from or exceeds the Take authorized by the Permit. Even if a Covered Entity has been issued a COI, the Covered Entity shall be and remain legally and financially liable for any violation of the Permit, HCP or IA by its own Covered Activities on Covered Lands.
SECTION 3: FUNDING MECHANISMS.
A.
SBVWCD/Conservation Trust as Steward of Funds. The parties appoint and empower the Conservation Trust or its successor, under the supervision of the SBVWCD, as the entity authorized in its reasonable discretion to collect, hold, invest, manage, distribute, and apply all funds contributed to the Endowment, and any and all investment or other proceeds that may flow therefrom, in furtherance of the mitigation management and maintenance responsibilities required by the HCP. The Endowment shall be held, managed, invested, and disbursed solely for, and permanently restricted to, the long-term stewardship of the Wash Plan and the Plan Area. The Endowment may be held in a qualified trust and shall be held, managed, invested, disbursed, and governed as consistent with the Uniform Prudent Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code).
B. Management of Funds. The SBVWCD contracts with the Conservation Trust, a 501(c)(3) non-profit public benefit corporation to hold, invest, manage, and distribute, proceeds of the Endowment at the S direct
ion pursuant to
any of the following mechanisms:
1. As endowment funds, which shall be segregated into a separate non- wasting endowment fund, and accounted for consistent with standards promulgated by the Governmental Accounting Standards Board, or any successor entity; or
2. The Conservation Trust or successor nonprofit shall invest and manage funding in accordance with the Statement of Investment Policy approved by the SBVWCD Board of Directors.
C. Investment Plan. Within one (1) year of the issuance of the Permit, the SBVWCD shall create, consider, and circulate for review and comment among all Parties, a Statement of Investment Policy governing its dealings with the Endowment
1. Upon approval of the Statement of Investment Policy by its Board of Directors, SBVWCD will circulate written copies of same to all parties, for review and comment. If a party has not provided comment within thirty (30) days of receipt of the Statement of Investment Policy, that party shall be deemed to have approved the Investment Policy. All comments to the Statement of Investment Policy received by SBVWCD shall be circulated to all Parties contributing to the Endowment, with a recommendation by SBVWCD on whether to accept, reject, or modify in whole or part any
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rev
isions suggested by the comment. Each party contributing to the Endowment shall then have thirty (30) days to respond whether it concurs par
ty to indicate whether it
concurs in the SBVWCD recommendation within such thirty (30) day period shall be deemed as concurrence. If a majority of the parties contributing to the Endowment do not concur, SBVWCD shall call a meeting of the parties to resolve the matter, and the decision of a majority of the parties shall govern.
2. The Statement of Investment Policy will identify the individuals or entities with authority to direct investment of the funds of the Endowment, the types of investments eligible for investment of the En
f
unds, the
investment strategy for such investment, and the manner in which such investments will be directed to meeting the threshold rates of return needed to sustain the habitat mitigation program costs of the HCP without reducing or imperiling the E pr
incipal.
3. The Statement of Investment Policy shall be reviewed annually by the SBVWCD and Conservation Trust, and may be amended or adjusted as necessary to assure the investment of the funds in the Endowment is meeting applicable criteria on returns to sustain the Project. Significant amendments to the Statement of Investment Policy shall follow the same review and comment procedure for its original adoption in subsection 1, above.
D. Annual Investment Report. The Conservation Trust or its successor nonprofit shall provide all Parties an annual report on the funds in the Endowment. The annual report will include all of the following:
1. The balance of the Endowment at the beginning of the reporting period;
2. The amount of any contribution to the Endowment during the reporting period including, but not limited to, gifts, grants, and contributions received;
3. The net amounts of investment earnings, gains, and losses during the reporting period, including both realized and unrealized amounts;
4. The amounts distributed during the reporting period that accomplish the purpose for which the Endowment was established;
5. The administrative expenses charged to the Endowment from internal or third-party sources during the reporting period;
6. The balance of the Endowment or other fund at the end of the reporting period; and
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7. The specific asset allocation percentages of the Endowment, including, but not limited to, cash, fixed income, equities, and alternative investments.
E. Audit. No less frequently than biannually, the SBVWCD shall ensure the Conservation Trust or its successor causes to be performed an independent audit of the Endowment. The results of such audit shall be provided to all Parties. All such audit costs shall be paid from the proceeds of the Endowment fund.
SECTION 4: LAND TRANSFERS.
A.
Conservation Land Transferred to the SBVWCD. All land transferred to the SBVWCD for conservation purposes shall be transferred to the SBVWCD in unencumbered fee simple, subject only to title exceptions USFWS and CDFW may have previously agreed to in writing. Any party offering to dedicate land that is anything other than unencumbered fee simple shall bear all costs and responsibility for securing such advance approval of USFWS, CDFW, or both, as may be required to assure consistency with the Permit, HCP and the IA.
B. SBCFCD Land Transfer Although it is outside the scope of this MOU, it is anticipated that prior to the completion of Phase 1 as described in Table S-1 of the HCP, SBCFCD
sepa
rately approved agreement of approximately 40 acres accruing to the Woolly-Star Preserve Area.
C. SBCFCD Land Dedication. Although it is outside the scope of this MOU, it is anticipated that SBCFCD will dedicate land south of the Santa Ana River depicted on Exhibit B for mitigation of SBCFCD
ope
rations and maintenance
and capital projects impacts outside the Plan Area. The anticipated SBCFCD land dedication is described in more detail in Exhibit B-1.
D.
SB
VWCD. Not later than 24 months after the approval
New
ly
Conserved Lands to the SBVWCD. These parcels, totaling approximately 16 acres,
pri
or to initiation of Phase 2, effectuate the transfer of approximately 20.2 acres 0297
-05-111 to SBVWCD as indicated in the Cone
Camp Lease Amendment of August 2003.
E. Land Exchange Between BLM and SBVWCD. Prior to initiation of Phase 2 as described in Table S-1 of the HCP, BLM and the SBVWCD will effectuate the land exchange shown on Exhibit B, subject to an amendment of the Coa
st Resource an
.
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F.
Land Transfer from Redlands to SBVWCD. Prior to the issuance of the Permit, Redlands will effectuate the land transfer to SBVWCD shown on Exhibit B.
G. Disposal or Transfer of Covered Lands and Mitigation Lands. The Parties shall comply with Sections 12.2 through 12.4 of the IA. Those Sections generally require the approval of USFWS to transfer, convey, divest, or dispose of fee title or any other property interest in Covered Lands. Any and all requirements in Sect
ion 3.9 of the IA) are hereby incorporated in this MOU as if set forth in full and are applicable to the Parties.
SECTION 5: EXTENDING PERMIT COVERAGE TO ADDITIONAL COVERED LA
NDS AND UNCOVERED LANDS.
As
set forth in Section 12.1 of the IA, Additional Covered Lands (as that term is defined in Section 3.3 of the IA) and Uncovered Lands (as that term is defined herein) are not subject to the Permit unless USFWS approves a minor modification to the HCP (in the case of Additional Covered Lands) or an amendment to the HCP and Permit (in the case of Uncovered Lands).
A. Application to Extend Permit Coverage. A party may request the SBVWCD to Add
itional Covered Lands or Uncovered Lands by submitting to the SBVWCD, in writing, an application for an extension of Permit coverage. Such application shall include all information and documents USFWS will need to process a request for a minor modification to the HCP (if the party seeks to include Additional Covered Lands) or an amendment to the HCP and Permit (if the party seeks to include Uncovered Lands) under Section 13 of the IA. At a minimum, the application shall include all of the information and documents listed in Section
12.1.2 of the IA.
B. Costs of Processing Request to Extend Permit Coverage. Upon determining an application to extend Permit coverage is complete, the SBVWCD shall advise the party of the estimated reasonable costs for the processing of the application, which cost the party shall thereupon deposit with the SBVWCD. The costs of processing an application to extend Permit coverage shall not be funded by the proceeds of the Endowment. A party requesting to extend Permit coverage must pay the actual reasonable costs of processing its request. The SBVWCD shall not be obligated to process a request to extend Permit coverage until the party who made the request provides a reasonable deposit sufficient to fund the time, materials, and work of processing the request.
C.
If
a party
has submitted a complete application to extend Permit coverage and the required deposit, SBVWCD shall request USFWS approve a minor modification to the HCP (if the Party seeks to include Additional Covered Lands) or an amendment
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to
the HCP and Permit (if the Party seeks to include Uncovered Lands) in accordance with Section 13 of the IA. The parties understand and acknowledge par
ties understand and acknowledge that the SBVWCD does not have the authority to approve or deny such a request.
SECTION 6: ENFORCEMENT.
Th
e SBVWCD may revoke, suspend, or modify any COI issued to any party, if such party is determined based upon substantial evidence to have violated the Permit, IA, or this MOU, or engaged in unauthorized Take, pursuant to the procedures below:
A. Notices of Suspected Violation. If the SBVWCD has reason to believe a Covered Entity or other party has violated the terms of the Permit, the IA, or this MOU, as part of a Covered Activity, or has otherwise engaged in unauthorized Take, it shall notify the Covered Entity or other party in writing . Su
ch notice shall specify the nature, extent, and location of the violation, and make reference to the evidence or information upon which the suspected violation is based.
B. Response to Notice. A party receiving a Notice of Suspected Violation shall have ten (10) days to respond thereto in writing. The response shall include such plans, maps, constructions drawings, reports, photographs, surveys, or other materials as may be available and appropriate to document the conditions of the alleged violation arising from the Covered Activity, and if the violation is acknowledged, the reasons therefore, and the p
pl
an of remedial action to
remedy the violation and assure consistency with the Permit and the IA.
C. Resolution of Determination of Violation. If after receipt of the p Resp
onse to a Notice of Suspected Violation the SBVWCD determines there has been no violation, it shall withdraw the Notice of Suspected Violation. If SBVWCD determines that a violation did occur, but is minor and may be corrected in a summary or reasonably expeditious manner without damage to species, habitat, or the ability to administer the HCP, the IA, or the Permit, it shall work with the party, and USFWS and CDFW as may be appropriate, to correct or address the violation. If SBVWCD determines a violation did occur and it is material, SBVWCD may proceed to revoke, suspend, or modify the COI. Any shal
l be resolved pursuant to Section 7, below.
D. Reporting of Violation. To the extent any violation or suspected violation may threaten noncompliance with the terms of the Permit, or the IA, or otherwise may raise issues of compliance or enforcement under the Federal or California Endangered Species Act, the SBVWCD may report the suspected violation to the USFWS, the CDFW, or both. Nothing in this MOU authorizes or assigns any enforcement authority under such acts to the SBVWCD, however. The Parties
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shal
l comply with any enforcement proceedings or orders made by the USFWS or CDFW arising out of any such suspected violation.
E. Revocation, Suspension or Modification of Certificate of Inclusion. The SBVWCD may revoke, suspend, or modify a previously-issued COI if a documented violation in connection with the Covered Activity results in a Take that exceeds the Stay Ahead Mitigation requirements, or otherwise brings the HCP out of compliance in such a way that degrades the conservation strategy, or threatens any other Covered Activity or the Wash Plan project as a whole.
SECTION 7: DISPUTE RESOLUTION.
A.
Informal Dispute Resolution. Unless the parties to a dispute mutually elect another dispute resolution process, all parties shall use the following process to attempt to resolve disputes under this MOU (including, but not limited to, SBVWCD -i
ssuance of a COI, minor modification or
amendment application, or revocation, suspension, or modification of a COI:
1. A party shall notify the other party (or parties) of the alleged noncompliance the basis for contending that the noncompliance or violation has occurred, and the remedies the notifying party proposes to correct the alleged noncompliance or violation. The notified party (or parties) shall have 30 days, or such other time as may be agreed to by the parties, to respond. During this time either party may seek clarification of the information provided in the initial notice. Each party shall use all practicable, reasonable efforts to provide any information then available to it that may be responsive to such inquiries.
2. Within 10 days after such response is provided or was due, a representative from each party shall meet and negotiate in good faith toward a solution satisfactory to all parties, or shall establish a mutually acceptable process and timetable to seek such a solution.
3. If after 10 days, any issues cannot be resolved through such negotiations, the parties shall engage in nonbinding mediation or any other mutually ess.
The parties
shall commence the ADR process within 60 days.
4. The parties shall make a good faith effort to resolve their dispute(s) through the ADR process. If the parties have not resolved the dispute(s) within 30 days of commencing the ADR process, the informal dispute resolution process shall be deemed exhausted.
5. The costs of the ADR process shall be borne equally by all parties to the dispute.
6. The parties may, by mutual agreement, extend any of the deadlines set forth above in this subsection.
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B.
Formal Dispute Resolution. In the event of any dispute(s) arising out of this MOU, and dispute(s) is not resolved by Informal Dispute Resolution, or all parties to the dispute agree in writing to forego Informal Dispute Resolution, the dispute shall be submitted to binding arbitration, and all parties waive any and all rights which they may have to have such dispute submitted to, and decided by, a jury.
Such dispute(s) shall be submitted to binding arbitration in the County of San Bernardino, State of California, before an arbitrator selected by all parties to the dispute. Each party shall simultaneously provide the other(s) in writing a list of three (3) arbitrators acceptable to the party for resolution of the dispute. In the event the parties are unable to agree upon an arbitrator within five (5) business days of the exchange of lists of arbitrator candidates, the matter will be submitted to the nearest local office of JAMS, who shall within three (3) business days thereafter provide the parties with a list of arbitrators numbering one more than the number of parties to the dispute. Each party shall strike one name from the list, and the remaining name shall be the arbitrator who will serve to finally resolve the dispute. Disputes shall be arbitrated according to the arbitration rules the parties may agree to, or in the event the parties cannot agree, under such rules as may be determined by the arbitrator. The decision of the arbitrator will be final and binding, and all parties specifically waive any and all appeal, whether judicial or otherwise, therefrom.
SECTION 8: INDEMNIFICATION.
A. Each
party shall, to the fullest extent
permitted by law, hold harmless all other parties hereto, and each of them, and shall protect, defend, and indemnify all other parties, and each of them, and their respective officers, employees, and agents, from and against any and all claims arising from or in any way connected to: (1) any violation of law by that party, or any act of negligence or willful misconduct by that party relating to the Wash Plan, the Permit, the HCP, the IA or this MOU : (2) any failure by that party in connection with such p C
overed Activity and all actions taken pursuant
thereto, to comply with the requirements of the Permit, the HCP, the IA, any COI, and this MOU, specifically including, but not limited to, any Take in violation of, or excess to that allowed by, the Permit; and (3) any negligence or willful misconduct by that party in the planning, maintenance, operation, implementation, or conduct of any Covered Activity.
B. SBVWCD Indemnification re Non-Wasting Endowment. SBVWCD shall indemnify, defend, and hold all other Parties, and each of them, and their respective officers, employees, and agents, harmless for any negligent or willful misconduct by SBVWCD or the Conservation Trust, or the negligence or willful misconduct of its officers, employees, or agents, in the collection, investment, transfer, management, distribution, and application of the Endowment funds.
C. SBVWCD Indemnification re Permit Administration. SBVWCD shall indemnify, defend, and hold all other parties, and each of them, and their respective officers, employees, and agents, harmless for any abuse of discretion
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by
SBVWCD in: (1) the processing, grant, denial, administration, and enforcement of COIs; (2) administration and enforcement of the Permit and the IA; and (3) administration and implementation of the HCP, including but not limited to the oversight of habitat management activities, implementation of defined mitigation measures or strategies, and response to any Changed Circumstances, Unforeseen Circumstances, or adaptive management issues that may arise thereunder.
D. Comparative Fault. In the event any party is found to be comparatively at fault for any claim, action, or loss, or damage that results from their respective obligations under this MOU, the party(s) found to be at fault shall indemnify the other(s) to the extent of its comparative fault.
SECTION 9: NOTICES.
Al
l notices required to be provided hereunder, except meeting notices, shall be in writing, and either served personally or sent by United States Mail. Meeting notices may be provided by electronic mail correspondence. For these purposes, the addresses for the Parties and Advisory Members are as follows:
As to Cemex Construction Materials
Paci
fic, LLC:
Reg
ional Environmental Manager
CEMEX
P.O. Box 4120
Ontario, CA 91761-1607
:
x,
Ltd.
Attention: Rich Robertson
P.O. Box 33140
Riverside, CA 92519
As to Highland:
Com
munity Development Director
City of Highland
27215 Base Line
Highland, CA 92346
As to EVWD:
Gen
eral Manager
East Valley Water District
P.O. Box 3427
San Bernardino, CA 92413
As to Redlands:
Com
munity Development Director
City of Redlands
P.O. Box 3005
Redlands, CA 92373
As to RUD:
Ch
ief of Water Resources
Redlands Utilities Department
P.O. Box 3005
Redlands, CA 92373
As to SBVWCD:
Gen
eral Manager
San Bernardino Valley
Water SBVWCD
1630 W Redlands Blvd
Redlands, CA 92373
As to San Bernardino County:
Lan
d Use Services Department
Advance Planning Division
County of San Bernardino
385 North Arrowhead Avenue 3rd Fl
oor
San Bernardino, CA 92415-0182
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As
to SBVMWD:
At
tn: General Manager
San Bernardino Valley
Municipal Water District
330 East Vanderbilt Way
San Bernardino, CA 92408
As to the Conservation Trust:
At
tn: Executive Director
San Bernardino Valley
Conservation Trust
1630 W. Redlands Blvd
Redlands, CA 92373
SECTION 10: ENTIRE AGREEMENT.
Th
is MOU contains the entire agreement of the Parties hereto with respect to the matters contained herein, and supersedes all negotiations, prior discussions, and preliminary agreements or understandings, written or oral relating to the parties. No waiver or modification of this MOU shall be binding unless consented to by all parties in writing.
SECTION 11: WAIVER.
No
waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
SECTION 12: COOPERATION: FURTHER ACTS.
Al
l parties agree to use reasonable care and diligence to perform their respective obligations under this MOU. All parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary, appropriate or convenient to carry out the purposes of this MOU.
SECTION 13: GOVERNING LAW.
Th
is MOU shall be governed by and construed under the laws of the State of California.
.
In
the event a C
overed Activity or other action results in any type of
enforcement action by USFWS, CDFW, or other regulatory agency, and such enforcement action involves or implicates SBVWCD or any other party, the party whose Covered Activity or other action gives rise to the enforcement action shall defend, indemnify, and hold harmless SBVWCD, and any such other party. Such indemnification shall include payment of the reasonable costs of legal defense of such action with counsel of the indemnified ow
n choosing. In any other action or
proceeding involving a dispute between the parties arising out of this MOU, the prevailing party shall be entitled to receive from the other party, re acti
on, conducting discovery, cost of appeal, costs and fees for expert witnesses, and
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all
other normally allowable costs incurred in such litigation, whether or not such litigation is prosecuted to final judgment. Service of process on any party shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.
SECTION 15: NO THIRD PARTY BENEFICIARIES.
Th
ere are no intended third party beneficiaries of any right or obligation assumed by the Parties.
SECTION 16: CONSTRUCTION: CAPTIONS.
Th
e language of this MOU shall be construed according to its fair meaning, and not for or against any party hereto based on authorship. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this MOU.
SECTION 17: SEVERABILITY.
Each
provision of this MOU shall be severable from the whole. If any provision of this Memorandum shall be found contrary to law, it is the intention of all the Parties, and each of them, that the remainder of this MOU shall continue in full force and effect.
SECTION 18: INCORPORATION OF RECITALS.
Th
e Recitals are incorporated herein and made an operative part of this MOU.
SECTION 19: AUTHORITY TO ENTER INTO AGREEMENT.
Each
party warrants to all of the others the warranting party has all requisite power and authority to execute and perform this MOU. Each person executing this MOU on behalf of their party warrants that he or she has the legal power, right, and authority to make this MOU and bind his or her respective party, and that in so doing, such party is not thereby in breach of any other contract or agreement.
SECTION 20: COUNTERPARTS.
Th
is MOU may be signed in counterparts, each of which shall constitute an original.
SECTION 21: EFFECTIVE DATE
Th
e Effective Date of this MOU shall be latest of the dates set next to the signatures of the Parties hereto evidencing signature by all the Parties hereto, which latest date shall be inserted into the preamble to this MOU.
SECTION 22: TERMINATION.
A.
Any party may voluntarily terminate its participation under the MOU at any time upon delivery of at least 60 days prior all other Parties. Parties who have
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rece
ived a COI for their Covered Activity are bound by the terms of the COI and any COI Agreement entered into in connection with such issuance for the duration of the Covered Activity or the duration of the Permit. Certificate of Inclusion holders whose Covered Activity extends past the Permit may terminate the COI and their Covered Activity consistent with the terms of the COI, or request the SBVWCD include their Covered Activity in any Permit extension.
B. Upon a n
otification of termination from participation under the MOU, unless such funds were committed to habitat management as part of the Endowment, the party may request the SBVWCD return
adv
anced payment toward its Covered Activities, provided such return of funds does not adversely affect the ability of the SBVWCD to achieve the conservation strategy commitments of the HCP.
C.
The termination of any party or parties
obl
igations under this MOU.
SECTION 23; TERM.
T
his MOU, the HCP, and the Permit will remain in effect for a period of 30 years from the Effective Date of the original Permit. Notwithstanding the stated term, the parties agree that preservation of any Mitigated Lands subject to a conservation easement shall be permanent.
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Coordinate System:
NAD 1983 StatePlane California V FIPS 0405 Feet
Projection: Lambert Conformal Conic
Datum: North American 1983
Source: SBVWCD GIS
GIS Contact: Katelyn Scholte
OWASH PLAN MOU EXHIBIT B April 18, 2016
0 0.5 1 1.5 2 2.50.25
Miles
Transfer from RRM to SBCFCD
Transfer from SBCFCD to RRM
By Seperate Agreement
Non-Federal Exchange Parcels
Federal Equalization Parcels
Federal Exchange Parcels
Non-Federal Equalization Parcels
Transfer from Redlands to SBVWCD
Transfer from RRM to SBVWCD (TBD)
Wash Plan Boundary
Legend
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Coordinate System:
NAD 1983 StatePlane California V FIPS 0405 Feet
Projection: Lambert Conformal Conic
Datum: North American 1983
Source: SBVWCD GIS
GIS Contact: Katelyn Scholte
OWASH PLAN MOU EXHIBIT B-1 July 7, 2016
0 0.5 1 1.5 2 2.50.25
Miles
Legend
Wash Plan
SBCFCD Land Dedication, for Flood
Control project mitigation
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DATE OF R
EQUEST:
An add
itional appropriation is hereby requested as follows:
Department:
JUSTIFICATION:
Requested By:
Recommended By Finance Director: Recommended:
Yes No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-
TRANSACTION NO:
ACC
OUNTING PERIOD:
Account
Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CITY OF RED
LANDS
REQU
EST FOR ADDITIONAL APPROPRIATION
FINANCE
USE ONLY
of 1
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DATE OF R
EQUEST:
An add
itional appropriation is hereby requested as follows:
Department:
JUSTIFICATION:
Requested By:
Recommended By Finance Director: Recommended:
Yes No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-
TRANSACTION NO:
ACC
OUNTING PERIOD:
Account
Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CITY OF RED
LANDS
REQU
EST FOR ADDITIONAL APPROPRIATION
FINANCE
USE ONLY
of 1
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CRM.01
CRM.03
CRM.01
CRM.03
CRM.02
VD.01
VD.01
VD.01
VD.01
CD.01
CD.01
CD.01
CD.01
EVWD.04
VD.01
CD.01
CD.01
CD.01
CD.01
CD.01
CD.01
CD.01
CD.01
CD.01
CD.01
CD.01
CD.01
VD.01
VD.10
VD.02
EVWD.07
VD.03
VD.03
VD.04
VD.05
Redl.07
Redl.08
VD.09
VD.09
CD.02
CD.02
Redl.10
VD.06
VD.07
CD.03
CD.03
CD.03
CD.03
EVWD.08
Redl.11
VD.09
VD.09
VD.09
VD.09
VD.09
Redl.13
Redl.11
Redl.14
Redl.15
High.02
FC.01
FC.01
High.10
High.11
Redl.02
Redl.03
Redl.04
Redl.05
High.12
FC.03
FC.02
FC.03
FC.03
FC.03
FC.03
FC.01/FC.03
FC.04
FC.02
FC.09
FC.03
Redl.16
Redl.06
Redl.17
High.15
High.16
High.16
High.16
High.16
High.16
High.19
High.20
High.21 High.22
Redl.09
Redl.09
EVWD.03
High.16 FC.02
FC.04
FC.01
FC.01
FC.02
High.01
High.13
CRM.01
CRM.03
CRM.03
CD.07
CD.07
High.23
CD.01
CD.01
Redl.19
CRM.03
CRM.03
CRM.01
CRM.01 CRM.01
High.03
High.03 Greenspot Rd
5th St
3rd St
Palm Ave
Wabash AveJudson StTennessee St
Alabama St
Church St
San Bernardino Ave
Baseline St
Boulder Ave
Orange St
M:\Wash Plan\HCP Figures ICF\HCP Figures ArcMap\Fig2_1_Covered_Activities.mxd Date: 5/13/2019 kscholte ±
Source: ESRI Imagery
(2014)
0 2,0001,000
Feet
Legend
Wash Plan Boundary
Temporary Impact Areas
Covered Activity
Existing Aggregate Mining
New Aggregate Mining
Existing Water Conservation
New Water Conservation
Wells and Water Infrastructure
Transportation
Flood Control
Trails
Agriculture
Figure 2-1
Location of Covered Activities
Wash Plan HCP
·|}þ210
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City Council/Successor Agency Meeting I. 22.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Reject all bids received for the Orange Blossom Trail Phase 3, Project No. S241001, and direct staff to solicit new bids for the project (Municipal Utilities and Engineering Director Harris) MOTION(S):
If the City Council determines that the staff’s recommendation is appropriate, the following motion is provided:
I move that the City Council reject all bids received for construction of the Orange Blossom Trail Phase 3 Project, and direct staff to solicit new bids for the project.
RECOMMENDATION:
Staff recommends City Council reject all bids received for construction of the Orange Blossom Trail Phase 3 Project, and direct staff to solicit new bids for the project.
DISCUSSION:
The Orange Blossom Trail Phase 3 (Project) is a portion of the 7.5 mile Orange Blossom Trail within the City of Redlands that will connect the City's east and west terminus to parks and open space areas, including areas surrounding the Santa Ana River, Crafton Hills and San Timoteo Canyon. The first phase of the trail, completed in 2015, is a 1.3 mile segment from Wabash Avenue to Grove Street and the second phase, completed in 2016, is a 1.3 mile segment from Alabama Street to California Street.
In 2013, the City obtained a Transportation Development Act (TDA), Article 3 grant in the amount of $918,722 with a local match of $162,128. The initial design of the project was completed in 2016 by a consultant, Michael Baker International. Due to environmental constraints from permit requirements, the
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design has been significantly changed by City engineering staff. The remaining total balance of the TDA grant plus local match requirement, after consultant fees, permit fees, and incidentals, is $946,611.
The Project consists of constructing approximately 1.3 miles of multi-use path along the Mission Channel from the I-10 freeway to Redlands Boulevard and Alabama Street to Tennessee Street. The majority of construction is within San Bernardino County Flood Control District's right-of-way. Staff finalized the plans and specifications and advertised the Project for construction. On February 17, 2022, the City Clerk's office received and opened twelve (12) bids. The bids were reviewed by staff to determine if they were responsive to bid requirements.
BID OPENING REPORT SUMMARY
BIDDER TOTAL BID AMOUNT
1. Universal Const. & Engineering, San Marcos, CA *$2,010,030.30
2.Three Peaks Corp., Calimesa, CA $2,038,777.40
3. Tryco General Engineering, Rimforest, CA $2,074,706.00
4. Environmental Construction, Inc., Woodland Hills, CA *$2,148,457.00
5. Philbin Construction Company, Laguna Niguel, CA *$2,245,629.00
6. Hillcrest Contracting, Corona, CA *$2,409,467.87
7. Wright Construction Engineering, San Marcos, CA *$2,512,237.84
8. Riverside Construction Company, Inc., Riverside, CA $2,916,125.00
9. California Landscape and Design, Palm Desert, CA *$3,088,547.75
10. Granite Construction Company, Indio, CA $3,158,324.00
11. PUB Construction, Inc., Diamond Bar, CA ** *$1,628,709.52
12. Jergensen Construction Inc., Oak Hills, CA ** *$2,835,390.81 Note: Total Bid amount includes the Base Bid plus Additive "A", Additive "B", and Additive "C".
*An arithmetic error was discovered in the bid proposal. Total bid amount was corrected but did not affect ranking.
**Bid Withdrawn
The bids received exceed the engineer's construction cost estimate for the Project. The available grant fund for construction is not adequate to award the whole Project as designed. Therefore, staff recommends the rejection of all bids received for the Project, and the solicitation of new bids. If approved, engineering staff will make minor modifications to the Project specifications to optimize the use of available funds before re-advertising.
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ALTERNATIVES:
City Council may elect to award the Project to the lowest bidder. However, this alternative is not recommended as the bids are higher than the engineer's estimate and available grant fund. Re-advertising the construction project will optimize the use of available funds for the Project.
STRATEGIC PLAN:
The Project supports the Strategic Plan, Objective D-10: Complete the construction of Orange Blossom Trail Phase 3.
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, Engineering Manager
PREPARED BY:
Gerard Nepomuceno, Civil Engineer
Fiscal Impact
Discussion:
There is no fiscal impact associated with rejecting all bids received.
Attachments
Bid Opening Report
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City Council/Successor Agency Meeting I. 23.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Disclosure of Settlement and Release Agreement - S.B.C.W.
Consulting, Inc.; San Bernardino County Superior Court Case No.
CIVDS2015309 (City Attorney McHugh)
DISCUSSION:
Attached is a copy of the "Settlement Agreement and Release," which reflects the terms and conditions for settlement of the above mentioned litigation as authorized by the City Council. In accordance with the City's Municipal Code, and following the spirit of the Brown Act, this matter is on your agenda to notify the public of the settlement negotiated by the City. The lawsuit was settled for the amount of $15,000.
SUBMITTED BY:
Jimmy Nguyen, Administrative Analyst
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Attachments
Settlement and Release Agreement
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City Council/Successor Agency Meeting J. 1.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Presentation by Accelerate Neighborhood Climate Action on the work the organization is doing within the City of Redlands in relation to the effects of climate change (Mayor Pro Tem Tejeda) DISCUSSION:
For this evening's City Council meeting, Linda Hamilton, of Accelerate Neighborhood Climate Action, will be presenting on the work the organization is doing within the City of Redlands in relation to the effects of climate change.
Attachments
PowerPoint Slide Deck
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Accelerate
Neighborhood
Climate Action
(ANCA)
Building resilient communities
neighborhood- by-neighborhood
By Linda Hamilton
Redlands Coordinator
Climate Action Speakers
Series
March 2022
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Climate Change is the Most Serious
Threat Facing Humanity
We are almost 2 years into the critical decade.
This
means reducing carbon emissions by half to
keep global temperatures below 2C.
We are dangerously close to several major
ti
pping points that could rapidly accelerate
climate change.
The coming decades will require major changes
in the
way we live.
Action is needed at all levels of our society.
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Who is
ANCA?
ANCA is a nonprofit 50 1(c)(3) organization
created in Denver, CO in 2017. Now includes
more than 20 neighborhoods in Denver and
Boulder.
Our mission is to build more climate resilient
co
mmunities by bringing climate action to the
neighborhood level.
Started in Redlands 8 months ago by several
peopl
e familiar with the Denver program.
Guided by a local steering committee and works
close
ly with the University of Redlands
Environmental Studies Department, Esri, and
other local climate-concerned organizations.
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Why
Neighborhoods?
Neighborhoods are where everyone can be involved.
Neighborhoods are where individual actions can
be
come collective action.
Neighborhoods are where everyone, working together,
can
make a difference.
Neighborhoods are natural places to address issues like co
nserving water, safeguarding against intense heat,
and getting ready for major disasters.
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The ANCA
Program
Launched in March with a
fi
ve-week Climate Action
Speakers Series on local
impacts of climate change
Facilitated planning events in
nei
ghborhoods beginning
this spring.
Continued monthly “how-
to”
workshops involving
many local organizations.
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Resilient Communities Have . . .
Cooling strategies
for all income
levels, including
white roofs, well-
insulated homes,
cooling centers,
and tree canopies
Reduced their carbon footprints
by transitioning to renewable
energy and eliminating other
sources of carbon emissions.
A strong local food
system from grower to
buyer.
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Resilient Communities Have . . .
A thriving localized
economy that works for
everyone
.
A sustainable
water system
where everyone
conserves and
uses water wisely.
A low carbon
transportation
system.
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City Council/Successor Agency Meeting J. 2.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Annual Report from Chairman Ryan Johnson representing the Parks and Recreation Advisory Commission (Assistant City Manager Boatman)
DISCUSSION:
For this evening's City Council Meeting, Chairman Ryan Johnson will be presenting the Parks and Recreation Advisory Commission's Annual Report.
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City Council/Successor Agency Meeting J. 3.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Annual Report from Commissioner Kelly McGrail representing the Cultural Arts Commission (Assistant City Manager Boatman) DISCUSSION:
For this evening's City Council Meeting, Commissioner Kelly McGrail will be presenting the Cultural Arts Commission's Annual Report.
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City Council/Successor Agency Meeting J. 4.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action relating to the City Clerk's compensation and consideration of Resolution No. 8327 (Council Member Gallagher)
MOTION(S):
If the City Council concurs with Council Member Gallagher's recommendation, the following motion is provided:
I move to approve Resolution No. 8327.
RECOMMENDATION:
It is recommended by Council Member Gallagher to increase the City Clerk's compensation.
DISCUSSION:
In accordance with Government Code Section 36517, the City Clerk’s compensation (salary and benefits) is set by Resolution of the City Council. The City Council may change the City Clerk's compensation through the adoption of new Resolution approved by a majority vote of the Council. It is at the Council’s discretion to set the City Clerk’s compensation as there are no particular state law procedures that can be followed. Resolution No. 7486, adopted in 2015, is the most current Resolution setting forth the City Clerk’s salary at $72,000 per year or $6,000 per month plus benefits.
For comparison purposes, staff did conduct a salary survey for the position of City Clerk, however it is difficult to find an “apples to apples” comparison given that not all City Clerks are elected. Many General Law cities have appointed City Clerks who act as Department Heads. Further, we found a varying degree of responsibilities and duties for an elected City Clerk.
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The following list includes the monthly salary of surrounding general law cities with elected City Clerks that were identified by staff.
City of Rialto - $1440.71 per month
City of Colton - $370 per month
City of Fontana - $1,000 per month plus $300 car allowance City of Rancho Cucamonga – Salary range of $9,016 - $13,505 per month (NOTE: This position requires significant qualifications and acts as a Department Head with )
Lastly, since it is at the discretion of the City Council to set forth the compensation of the City Clerk, the Council may consider looking at internal equity with other positions within the City that have similar responsibilities.
Should the City Council consider this option, staff finds there is potential for an increase up to $85,454 per year or $7,121 per month. Should the City Council wish to move forward in adjusting the compensation of the City Clerk, staff has prepared Resolution No. 8327 increasing the compensation of the City Clerk to $85,454 per year or $7,121 per month effective April 18, 2022, which is the first day of the next pay period following adoption of the Resolution if it were to be adopted this evening. Other benefits would remain unchanged.
ALTERNATIVES:
The Council could reject the proposed Resolution or set the compensation at a lower amount..
STRATEGIC PLAN:
Not Applicable
SUBMITTED BY:
Council Member Gallagher
Fiscal Impact
Discussion:
The proposed Resolution if adopted would increase the City Clerk's salary by $13,454 per year. The General Fund impact to the current Fiscal Year is approximately $3,107, which can be absorbed in the current year.
Attachments
Resolution No. 8327
Resolution No. 7486
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RESOLUTION NO. 8327
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AMENDING COMPENSATION FOR THE ELECTIVE OFFICE OF THE CITY CLERK AND RESCINDING RESOLUTION NO.7486
WHEREAS, Government Code Section 36517 provides that the compensation for the elective office of the City Clerk shall be fixed by ordinance or resolution; and
WHEREAS, by the adoption of this resolution, it is the desire of this City Council to establish the salary and benefits approved for the elective office of the City Clerk as of April 18, 2022;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Redlands as follows:
Section 1. T he annual salary for the elective office of the City Clerk is Eighty -Five Thousand Four Hundred Fifty-Four Dollars ($85,454). In addition to such salary, the City Clerk shall receive the following City-paid benefits:
A. Life insurance in the amount of Twenty Five Thousand Dollars ($25,000).
B. Contribution of $900 per month towards medical, city paid dental, or at the election of the City Clerk, a stipend of Three Hundred Fifty Dollars ($350) per month.
C. Contribution to deferred compensation in the amount of One Thousand Eight Hundred Forty-Five Dollars ($1,845) per year.
D. Optional participation in a 457 plan.
Section 2. Notwithstanding the annual salary and benefits established by this Resolution for the elective office of the City Clerk, in the event a majority of the City’s Department Directors participates in a City -established salary reduction, furlough, or other similar plan to achieve a specific amount of cost savings, the City Clerk shall also be obligated to achieve similar savings through reductions in the City Clerk’s compensation.
Section 3. Resolution No. 7486 is hereby rescinded.
ADOPTED, SIGNED AND APPROVED this 5
th day of April, 2022.
______________________________
Paul T. Barich, Mayor
ATTEST:
_________________________
Jeanne Donaldson, City Clerk
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RESOLUTION NO. 7486
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AMENDING COMPENSATION FOR THE ELECTIVE OFFICE OF THE
CITY CLERK AND RESCINDING RESOLUTION NO. 7133
WHEREAS, Government Code Section 36517 provides that the compensation for the elective office of the City Clerk shall be fixed by ordinance or resolution; and WHEREAS, by the adoption of this resolution, it is the desire of this City Council to establish the salary and benefits approved for the elective office of the City Clerk as of March 1, 2015;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Redlands as follows:
Section 1. The annual salary for the elective office of the City Clerk is Seventy Two Thousand Dollars ($72,000). In addition to such salary, the City Clerk shall receive the following City-paid benefits:
A. Life insurance in the amount of Twenty Five Thousand Dollars ($25,000).
B. Contribution of One Thousand Twenty Five ($1,025) per month for medical, dental and vision care under the City's Post Employment Health Plan defined by Resolution No. 7015, or at the election of the City Clerk, a stipend of Three Hundred Fifty Dollars ($350) per month.
C. Contribution to deferred compensation in the amount of One Thousand Eight Hundred Forty-Five Dollars ($1,845) per year.
D. Optional participation in a 401(a) plan or 457 plan.
Section 2. Notwithstanding the annual salary and benefits established by this Resolution for the elective office of the City Clerk, in the event a majority of the City's Department Directors participates in a City-established salary reduction, furlough, or other similar plan to achieve a specific amount of cost savings, the City Clerk shall also be obligated to achieve similar savings through reductions in the City Clerk's compensation.
Section 3. Resolution No. 7133 is hereby rescinded.
ADOPTED, SIGNED AND APPROVED this 17th day of February, 2015.
Paul W. Foster, Mayor
ATTEST:
Sam Irwm, ity Clerk
1:\cclerkNResolutions\Res 7400-7499\7486 City Clerk Compensation.docx
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I, Sam Irwin, City Clerk of Redlands, hereby certify that the foregoing Resolution No. 7486 was duly adopted by the City Council at a regular meeting thereof, held on the 17th day of February, 2015, by the following vote:
AYES: Councilmembers Harrison, Gilbreath, Barich, James; Mayor Foster NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City Clerk
I:\cclerk\Resolutions Res 7400-7499i7486 City Clerk Compensation.docx
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City Council/Successor Agency Meeting K. 1.
DATE: 04/05/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an agreement with Lenslock, Inc. in the amount of $478,065 for body worn camera equipment and online services; approve an additional appropriation of $370,250 from the General Fund's unassigned fund balance (Police Chief Catren)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move to approve an Agreement with Lenslock, Inc. for body worn camera equipment and online services in the amount of $478,065.
1. I further move that the City Council approve an additional appropriation of $370,250 from the General Fund's unassigned fund balance.
2. RECOMMENDATION:
Staff recommends City Council approve an Agreement with Lenslock, Inc. for body worn camera equipment and online services in the amount of $478,065 and approve an additional appropriation of $370,250 from the General Fund's unassigned fund balance.
DISCUSSION:
Body-worn cameras (BWC) provide officers with a reliable and compact tool to systematically and automatically record their field observations and encounters.
They can be used to document interactions with victims, witnesses, and others during police-public encounters; arrests; and critical incidents. The Redlands City Council approved funding for body worn cameras for police department personnel in the FY 21/22 budget.
After examining the products and services of multiple BWC providers, staff
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identified LensLock of Poway, California as the best suited to its needs.
LensLock provides BWC services to law enforcement agencies in California, Nevada, Colorado, Utah, and Georgia. Founded in 2016 and led by technology innovators, LensLock has demonstrated that their products meet the goals and objectives that the Redlands Police Department has identified for its BWC system. Specifically, LensLock is the only company that provides a free, unlimited redaction service and integration with the department’s existing CAD/RMS. This service is the reason we seek procurement by sole source purchase pursuant to RMC 2.16.010. The proposal is to acquire 102 BWC units for our field personnel. The acquisition includes the supporting hardware, software, implementation, training, unlimited data plan, and software and database maintenance during the five-year service plan.
The department will enter into an Agreement for the hardware, software, accessories and service provided by LensLock Inc. for a total cost of $478,065.
ALTERNATIVES:
Do not accept the agreement with Lenslock, Inc. for body worn camera equipment and online services in the amount of $478,065 and do not approve an additional appropriation of $370,250 from the General Fund's unassigned fund balance.
STRATEGIC PLAN:
Not applicable
SUBMITTED BY:
Christopher R. Catren, Chief of Police
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Sean Flynn, Sergeant
Fiscal Impact
Fiscal Year: FY 2021-22
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Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $478,065.00
Budgeted Y/N: Y
Account No.: 101202 8706
Discussion:
The total cost of the BWC system is $478,065.00, $107,815 of which has already been included in the department's budget for FY 2021/22. Because of the structure of the agreement, staff is recommending an additional appropriation of the remaining amount, $370,250, from the General Fund's unassigned fund balance. The unassigned fund balance in the General Fund is projected to be $13.5 million at June 30, 2022.
Attachments
Sole Source Request Form
Additional Appropriation Form
LensLock Body Cam Agreement
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Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.
Date:_______________________
TO: Purchasing Division
FROM: ________________________________
Purchase Requisition #
___________________
Estimated Total Cost: $_________________
Proposed Vendor: ______________________
Request Term: _________________
This form must accompany the purchase document whenever an exception to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a spe
cific brand, where substitutes to the recommended vendor or brand are unacceptable, must be acco
mpanied by a written justification explaining the circumstances that make alternatives unaccept
able.
The City M anager w ill de termine whether t he justification is appropriate. R eques ts for exception must be supported by factual statements that will pass an audit.
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INSTRUCTIONS
1. Pl
ease check all applicable categories (a. through i.) below and provide additional information where indicated.
a. The requested product is an integral repair part or accessory co mpatible with existing equipment.
Existing Equipment:
Manufacturer/Model Number:
Age:
Current Estimated Value:
b. The requested product has unique design/performance specifications or quality req
uirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.
d. T he requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding.
e. The requested product is used or demonstration equipment available at a lower-than- new cost.
f. Repair/Maintenance service is available only from manufacturer or designated service representative.
g. Upgrade to or enhancement of existing software is available only from manufacturer. h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
i. Other factors (provide detailed explanation in #2 below).
2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:
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3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please explain the type of evaluation performed and provide all supporting documentation:
4. List be
low the name of each individual who was involved in the evaluation, if conducted, and in making the recommendation to procure this product or service. Attach additional information, if necessary.
5. Explain what action(s) the department would take if the sole/single source services were no longer available
6. I certify that the above information is accurate to the best of my knowledge, and a signed copy of this document will be kept on file and available
for audit in my department
_________________________________________________________ Prep
ared by Date _________________________________________________________ Depar
tment Director Date Purchas
ing Approvals
______________________________________________________
Pu
rchasing Agent Approval Date
_______________________________________________________ C
ity Manager Approval Date
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CITY OF REDLANDS
REQUEST FOR ADDITIONAL APPROPRIATION
DATE OF REQUEST: 03/23/2022 FINANCE USE ONLY
TRANSACTION NO: ________ _
An additional appropriation is hereby requested as follows: ACCOUNTING PERIOD: --------- Department: Police ------------
EXPENDITURE APPROPRIATION INCREASE (if applicable)
Account Description Orgkey Object Code Job Ledger (If Amount applicable) All Other Equipment 101202 7901 370,250.00
$ 370,250.00 -
REVENUE APPROPRIATION INCREASE (if applicable)
Account Description Orgkey Object Code Job Ledger (If Amount applicable) $ -
JUSTIFICATION: Body Worn Cameras -- difference from budgeted 5 year lease to one-lump sum payment.
Requested By:
Recommended By Finance Director:
Yes ___ No ___ Signed --------
Comments: -----------------
Recommended:
City Manager
Approved by City Council:
Date:
Signed:------------
City Clerk
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AGREEMENT BY AND BETWEEN LENSLOCK, INC. AND THE CITY OF REDL ANDS
FOR BODY WORN CAMERA EQUIPMENT AND ONLINE SERVICES
This agreement for the provision of body worn camera equipment and online services is made and enter into this 5th day of April, 2022, by and between the City of Redlands, a general law city (“City”) and LensLock, Inc., a California corporation (“LensLock”). City and LensLock are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and LensLock agree as follows:
EQUIPMENT AND ONLINE SERVICES
1. Equipment . LensLock hereby agrees to provide to City certain body worn camera equipment (“Equipment”) and associated services (“Online Platform Services”) as described in Exhibit “A,” titled “Proposal,” which is attached hereto and incorporated herein by this reference. A ll Equipment is supplied to City pursuant to this agreement for body worn camera equipment and online services (“Agreement”) , and LensLock agrees to train, support, and instruct City in the proper use of the Equipment. City understands that all LensLock Equipment described on Exhibit “A” i s included , and that title to and ownership of the Equipment shall transfer to and vest in City at the end of the term of this Agreement .
2. Shipping. Deliveries of the Equipment, title , and risk of loss are assumed by , and at the sole cost and expense of LensLock. Title to any software provided with the Equipment remains with LensLock and/or its suppliers. Any claims by City for shortages or damages suffered in transit must be submitted directly to the carrier. All shipping dates are approximate , and not guaranteed. LensLock reserves the right to make partial shipments.
3. Intellectual Property . As between the Parties, all hardware, services, and software provided by LensLock, including the Online Platform Services, are the intellectual property of LensLoc k and its licensors, and any unauthorized use of the same, including the creati on of any derivative works by City or any third party, is strictly prohibited and in violation of Federal Copyright Laws, Title 17 of the United States Code. Pursuant to the terms of this Agreement, LensLock grants to City the limited, non -exclusive, non- transferable, limited right to access the Online Platform Services during the term of this Agreement , for purposes of access and use of the videos and audios produced by the Equ ipment and in compliance with this Agreement and applicable documentation. Conversely, it is understood that LensLock has limited access to all City video files for internal testing and quality control assurance purposes.
4. System Operation and Limitations . The Equipment is connected to a digital recorder computer , and City shall not use the computer for any other purpose. City shall be permitted to access and make changes to the system’s operation through the LensLock Online Platform Services. Depending on the data storage option selected, LensLock shall store data received from City ’s Equipment for the agreed upon location. LensLock shall have no liability for data corruption or inability to retrieve data. LensLock shall endeavor to release City ’s data only to City, upon City ’s written authorization, or by legal process. Telephone or internet access is not provided by LensLock , and LensLock has no responsibility for such access or IP address service. LensLock is not responsible for the security or privacy of any wireless network system or router or like e quipment, and the foregoing are the City’s responsibility, including but not limited to securing access to the Equipment with pass codes and lock outs.
LensLock shall have no liability for unauthorized access to the system through the internet or other communication networks, data corruption, or loss for any reason whatsoever.
5. LensLock Online Platform Services . Upon receipt of a video verified event, the Equipment is designed to activate the Online Platform Services, upon which LensLock, or its designee central office, shall record and store the images and feeds from the Equipment if such Equipment and Online Platform Services have been configured properly.
City acknowledges that signals trans mitted from City ’s Equipment to the Online Platform Services are not monitored by personnel of LensLock or LensLock’s designee central office, and LensLock does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. City acknowledges that signals which are transmitted through the internet, over telephone lines, wire, air waves, cellular, radio, internet, VOIP, or other modes of communication pass through communication networks wholly beyon d the control of LensLock and are not maintained by LensLock, and LensLock shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising
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therefrom, or for data corruption , theft or viruses to City ’s computers if connected to the communication Equipment. City authorizes LensLock to access City ’s accounts to input or delete data and programming in connection with the Online Platform Services. LensLock may, without prior noti ce, suspend or terminate its services, in LensLock’s sole discretion, in event of City ’s default in performance of this Agreement, in the event central station facility or communication network is nonoperational, or in the event City’s system is malfunctio ning.
LensLock is authorized to record and maintain audio and video transmissions, data and communications, and shall comply with local law requirements. LensLock may, but is not required to, update the Online Platform Services and any software in the Equ ipment that is capable of Over the Air (“ OTA”) updates. All updates to the foregoing are subject to the same terms and conditions as set forth in this Agreement. City hereby grants LensLock a non- transferable, royalty -free license to use the data collected and stored within the Online Platform Services solely for City’s benefit and LensLock’s internal purposes; provided that LensLock may use and disclose such data if and as required by court order, law or governmental or regulatory agency (after, if permitted, giving reasonable notice to LensLock and using commercially reasonable efforts to provide City with the opportunity to seek a protective order or the equivalent (at City’s expense). The P arties agree to comply with the user terms and conditions set forth within the Online Platform Services and Privacy Policy therein.
6. Performance Warranty . The sole and exclusive performance warranties offered by LensLock for the Equipment and Online Platform Services are expressly set forth in Exhibit “B,” titled “ Performance Warranty ,” which is attached hereto and incorporated herein by this reference . Any Equipment that fails to conform to its Performance Warranty as confirmed by LensLock is referred to herein as “Defective Equipment .” The Performance Warranty shall survive the termination and expiration of the Warranty Period (as described in Exhibit “B”) only with respect to any valid claim made by City by written notice to LensLock prior to termination or expiration of such Warranty Period.
7. System Testing . The Parties agree that the Equipment, once installed, is in the exclusive possession and control of City, and it is City ’s sole responsibility to test the operation of the system and to notify LensLock if any Equipment needs repair. City agrees to test and inspect the Equipment upon completion of installation and periodically thereafter, and to advise LensLock in writing , promptly after installation , of any defect, error or omission in the Equipment or accessing the Online Platform Services.
8. Delete Data. Upon termination of this Agreement, LensLock shall be permitted to remotely delete programming, and LensLock shall not be required to service the Equipment , and shall cease processing Online Platform Services.
Unless otherwise paid for by City under the terms of this Agreement, LensLock shall not be obligated to hold any City video or audio stored on the Online Platform Services longer than ninety (90) days past the termination of this Agreement.
9. Data Ownership . LensLock hereby assigns without any requirement of further consideration all right, title, and interest LensLock may have to the City ’sdData, including any original, redacted version, and all metadata associated with City data with all rights to the same. LensLock agrees that the owners hip of the data always belongs to City, including all associated CAD integrated metadata. LensLock shall not make use of City data for any commercial purpose, whether to the benefit of LensLock or a third party, unless approved in advance by City in writing. LensLock may, from time -to-time, review City data in order to professionally inspect video and audio quality of City data. This quality control process is performed by LensLock CJIS Level IV trained and certified personnel. LensLock inspection details will appear in all audit reports in compliance with CJIS.
10. Court Order . LensLock shall seal any and all video records when ordered sealed by the Court.
GENERAL
11. Governmental Entities . City represents and warrants to LensLock that: (a) City is duly authorized by law to execute and deliver this Agreement and to carry out City ’s obligations under this Agreement; (b) that all legal requirements have been met, and procedures have been followed, including public bidding if legally required, in order to ensure the enforceability of this Agreement; (c) that the Online Platform Services will be used by City only for
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governmental or proprietary functions consistent with the scope of City ’s authority , and will not be used in a trade or business of any per son or entity, or for any personal, family or household use; and (d) that City has funds available to pay fees until the end of its current appropriation period, and that City intends to request funds to make payments in each appropriation period, from now until the end of the term of th is Agreement.
12. Prices; Payment Terms . Prices are those in effect when LensL ock accepts a purchase order. City must pay or promptly reimburse LensLock for any sales, use or any other local, state, provincial or federal taxes arising from the sale or delivery of the Equipment or provide an exemption certificate. In the event City fails to pay Vendor any monies when due. City shall pay the lower interest of 2 ½ % per month, or the amount allowed by applicable law from the date w hen payment is due on outstanding balances . In addition to all remedies available herein or at law, LensLock may suspend all services upon communication to City for City’s failure to pay invoices when due.
13. Term of Agreement; Renewals; Fee Increases . The term of this Agreement shall be for five (5) years . After the expiration of one (1) year from the effective date of this Agreement, LensLock shall be permitted from time to time to reasonably increase its fees by no more than five percent (5%) of the annual payment amount upon written notice to City, and City agrees to pay such increase as invoiced if City continues to avail itself of the services after receipt of said notice. If LensLock increases its fees pursuant to this section, City may terminate this Agreement upon ten (10) days written notice to LensLock. If City terminates this Agreement pursuant to this section, City shall be refunded a pro rata share of the acquisition cost based on remaining term of thise Agreement.
14. Termination . Either Party may terminate this A greement upon thirty (30) days prior written notice to the other Party. If City terminates this A greement pursuant to this section, City shall be refunded a pro rata share of the acquisition cost based on remaining term of th is Agreement.
15. Warranty Disclaimer .
a. LensLock does not represent nor warrant that the Equipment or the Online Platform Services may not be compromised or circumvented, or that Equipment or Online Platform Services will prevent any loss. City acknowledges that any affirmation of fact or promise made by LensLock shall not be deemed to create a warranty unless expressly included in this Agreement in writing; that City is not relying on LensLock’s skill or judgment in selecting or furnishing Equipment suitable for any particular purpose : that there are no warranties which extend beyond those on the face of this Agreement ; and that City acknowledges that there may be more sophisticated Equipment of which City may procure on the open market for the same purposes as the Equipment.
b. Except for the express warranties in section 6 above, (a) Lens Lock hereby disclaims all warranties, either express, implied, statutory, or otherwise under this agreement in connection with the services and equipment, and ( b) Lens Lock specifically disclaims all implied warranties of merchantability, and fitness for a particular purpose, title and non -infringement .
16. Standard of Performance. LensLock shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which LensLock is engaged.
17. Insurance Requirements. Before beginning any S ervices under this Agreement, LensLock, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance is included in LensLock’s P roposal as set forth in Exhibit “A.”. LensLock shall be fully responsible for the acts and omissions of its subcontractors and other agents.
a. Workers’ Compensation. LensLock shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by LensLock in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by City u pon written verification that LensLock is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
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b. Commercial General and Automobile Liability Insurance. i. General requirements. LensLock , at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks assoc iated with the S ervices contemplated by this Agreement.
ii. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if LensLock has no owned autos, hired (code 8) and non- owned autos (Code 9). No endorsement shall be attached limiting the coverage.
iii. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
1. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
2. City, and its elected and appointed officials, officers, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of the Services or o perations of LensLock, including materials, parts, or equipment furnished in connection with such S ervices or operations; or automobiles owned, leased, hired, or borrowed by LensLock. Coverage can be provided in the form of an endorsement to the LensLock’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
3. For any claims related to this Agreement or the S ervices hereunder, LensLock’s insurance covered shall be primary insurance as respects City , and its elected and appointed officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City or its elected and appointed officials, officers, employees, agents or volunteers shall be excess of LensLock’s insurance and non-contributing.
4. The policy shall cover inter -insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
5. LensLock shall give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
c. Professional Liability Insurance.
i. General requirements. LensLock , at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing Services pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the LensLock’s errors and omissions.
ii. Claims -made limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form:
1. The retroactive date of the policy must be shown and must be before the Effective D ate of this Agreement.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of th is Agreement or the Service s.
3. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, LensLock must purchase an extended period coverage for a minimum of five (5) years after completion of Services under this Agreement.
4. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any Services under this Agreement. d. All Policies Requirements.
i. Submittal Requirements. LensLock shall submit the following to City prior to beginning services:
1. Certificate of Liability Insurance in the amounts specified in this Agreement; and
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2. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
ii. Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
iii. Deductibles and Self -Insured Retentions. Insurance obtained by the LensLock shall have a self -insured retention or deductible of no more than $100,000.
iv. Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
v. Waiver of Subrogation. LensLock hereby waive s subrogation which any insur er or contractor may require from LensLock by virtue of the payment of any loss. LensLock shall obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the LensLock, its employees, agents, and subcontractors.
vi. Subcontractors. LensLock shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and LensLock shall ensure that City, and its elected and appointed officials, officers, employees, agents, and volunteers are covered as additional insured on all coverages.
vii. Excess Insurance. If LensLock maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the LensLock. e. Remedies. In addition to any other remedies City may have if LensLock fails to provide or maintai n any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under th is Agreement; 2) order LensLock to stop Services under this Agreement and withhold any payment that becomes due to LensLock hereunder until LensLock demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
18. Entire Agreement . This Agreement and any referenced terms herein constitute the entire understanding and agreement between the Parties with respect to the subject matter hereof , and shall supersede any prior understandings and agreements, whether written or oral, between the Parties with respect to that subject matter.
LensLock expressly limits its acceptance of th is Agreement to the terms stated herein. Any additional, different, or inconsistent terms or conditions contained in any form or purchase order from City in connection with this Agreement are hereby objected to and rejected by LensLock and shall not apply to this Agreement.
19. Security Interest; Credit; Lien Law . In order to secure all indebtedness or liability of City to LensLock, City hereby grants and conveys to LensLock a security interest in, and mortgages to LensLock all of City ’s Equipment.
LensLock is authorized to file a UCC -1 statement. City authorize s LensLock to conduct credit investigations to determine City’s credit worthiness. LensLock or any subcontractor engaged by LensLock to perform the work or furnish material who is not paid may have a claim against City which may be enforced against the property in accordance with the applicable lien laws.
20. Force Majeure; Other Events. Neither Party shall be considered in default of its performance of any obligation hereunder to the extent that performance of such obligation is prevented or delayed by acts of God; acts of the other Party; war (declared or undeclared); terrorism or other criminal conduct; fire; flood; weather; sabotage; strikes, or labor or civil disturbances; governmental requests, restrictions, laws, regulations, orders, omissions or actions; unavailability of, or delays in, utilities or transportation; default of suppliers or other inability to obtain necessary materials; embargoes, or unforeseen circumstances or any other similar or dissimilar events or causes beyond Party’s reasonable control.
21. Assignment; Waiver of Subrogation Rights . City may not assign this Agreement without the prior written consent of LensLock. Any such assignment without LensLock’s prior approval shall be deemed a breach of this Agreement, and void ab initio . City on its behalf and any insurance carrier waives any right of subrogation City ’s insurance
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carrier may otherwise have against LensLock or LensLock’s subcontractors arising out of this Agreement or the relation of the P arties. City acknowledges that this Agreement, and particularly those Sections relating to LensLock’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors and central offices of LensLock.
22. Limitation of Liability . Neither party shall be liable for any special, incidental, indirect, punitive, or consequential damages, including loss of anticipated profits or business interruption for any reason.
23. Indemnification . LensLock shall defend, indemnify , and hold harmless City (including its elec ted and appointed officials , officers, agents, employees , and volunteers ) from and against all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorneys' fees, caused by, arising out of , or resulting from , in whole or in part , by the negligent or intentional acts or omissions of LensLock’s officers, agents, employees, contractors, or subcontractors.
City shall defend, indemnify, and hold harmless LensLock (including its officers, agents, employees, and subcon tractors ) from and against all demands, claims, actions, liabilities, losses, damages and costs, including reasonable attorneys' fees, arising out of or resulting from the performance of City ’s obligations under this Agreement, caused in whole or in part b y the negligent or intentional acts or omissions of City’s officers, directors, agents, employees, contractors, or subcontractors.
24. Conflict of Interest. LensLock may serve other cities , but none whose activities occur within the corporate limits of City or whose business, regardless of location, would place LensLock in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. LensLock shall not employ any City official in the Services performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
25. Subcontract . City agrees that LensLock is authorized and permitted to subcontract any services to be provided by LensLock to third parties who may be independent of LensLock, and that LensLock shall not be liable for any loss or damage sustained by City by reason of fire, theft, burglary or any other cause w hatsoever caused by the acts of third parties.
26. Records Created as Part of LensLock’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that LensLock prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City . LensLock hereby agrees to deliver those documents to City upon termination of the Agreement, and City may use, reuse or otherwise dispose of the documents without LensLock’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above , prepared pursuant to this Agreement are prepared specifically for the city and are not necessarily suitable for any future or other use. City and LensLock agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by LensLock without prior written approval of City .
27. LensLock’s Books and Records. LensLock shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three ( 3) years, or for any longer period required by law, from the date of final payment to LensLock to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request o f City. Pursuant to Government Code Section 8546.7, this Agreement may be subject to the examination and audit of the State Controller’s Office for a period of three ( 3) years after final payment under th is Agreement.
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28. Governing Law; Venue . This Agreement , and all rights and duties of the Parties under this Agreement , are governed by, and shall be construed in accordance with, the laws of the State of California. The P arties hereby irrevocably consent to exclusive jurisdiction of, and venue in, the county of San Bernardino California .
29. Severability . If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
30. No Implied Waiver of Breach . The waiver of any breach of a specific provision of this Agreement shall not constitute a waiver of any other breach of that provision , or any term , of this Agreement.
31. No Third -Party Beneficiaries. This Agreement is made solely for the benefit of the Parties, with no intent to benefit any third parties.
32. Miscellaneous .
A. Notices . Other than routine communications made in the ordinary course of performing any obligations under this Agreement, all notices or other communications required or permitted to be given under this Agreement must be in writing and will be deemed to have been sufficiently given when delivered in person (with written confirmation of receipt), on the second business day after mailing via a responsible international courier, or on the fifth business day after mailing by first class registe red or certified mail, postage prepaid, to the address stated on the first page of this Agreement or to such other address or individual as either Party may specify from time to time in writing or transmitted electronically if confirmed in writing by one o f the above methods.
B. Counterpart s. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e- mail or other means of electronic transmission will be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
C. Independent Contact . The Parties intend that the relationship between them created under this Agreement is that LensLock is an independent contractor of City only, and nothing contained herein is intended to create any other relationship between the parties. LensLock is not to be considered an employee, agent, joint venture or partner of City for any purpose whatsoever. Neither party is granted any right or authority to assume or create any obligation or responsibility for, or on behalf of, the other party or to otherwise bind the other party in any way .
D. Confidential information. Except as prohibited by applicable law, the terms and conditions of this Agreement are confidential information of LensLock, and City may not distribute this Agreement or disclose any contents hereof to any third party without the express written consent of LensLock.
33. Professional Request. In accordance with CJIS BWC Best Practices, it is strongly recommended that law enforcement agencies assign individual body worn cameras to individual police department officers or sheriff deputies , and that those assigned body worn cameras are not “shared” with other officer, deputies, or end users, unless special circumstances are warranted. LensLock requests that City not allow “sharing” of body worn cameras as part of City’s standard practice of BWC utilization.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed.
CITY OF REDLANDS: LENSLOCK:
_________________________________ __________________________________ Paul T. Barich, Mayor Andrew Lynch, Vice President of Sales
ATTEST:
_________________________________
Jeanne Donaldson, City Clerk
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EXHIBIT “A”
PROPOSAL
ATTENTION : SHIP TO :
Chief Chris Catren
Redlands Police Department
1270 W Park Ave.,
Redlands, CA 92373
Customer ID #21 -555
5 Year Total
QTY DESCRIPTION UNIT PRICE 5 YEAR COST
80 Gen 12 Body Worn Camera Service – UNLIMITED Data Plan $1,099.00 $439,600.00 22 Gen 12 Body Worn Camera Service – UNLIMITED Data Plan $1,099.00 included
85 Holster Bluetooth Integration Devices $199.00 included 60 Bluetooth Integration Technology System $299.00 included 1 CAD Integration with Spillman $28,985.00 included
1 Unlimited Outsourced LensLock Redaction included
1 On-Site Implementation & Training Fee – One-Time Fee $1,895.00 included 1 Shipping & Handling Fees – One-Time Fee $1,295.00 included 5 Software & Database Maintenance Fee – Annual Fee $495.00 included *Total 60 -month Acquisition Cost
SUBTOTAL $439,600.00
SALES TAX (8.75%) $38,465.00
5Y TOTAL * $478,065.00
Proposal Number: #21 -555
Proposal Valid for 60 days
Services: Body Worn Camera Svc
Payment Terms: 30 Days Net
Length of Service: 60 Months
Start Date: April 12, 2022
SALES REPRESENTATIVE
Sean O’Grady
Regional Manager
Phone: 949-690-6552
Email: [email protected]
Sgt. Sean Flynn
Issued: March 1 st, 2022
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EXHIBIT “B”
PERFORMANCE WARRANTY
LENSLOCK EQUIPMENT
LensLock warrants to City that the Equipment is free from defects in material and workmanship for the duration of this Agreement (“Warranty Period”) and subject to the terms set forth herein. In the event City needs any Equipment replaced, LensLock will provide replacement hardware at no cost, unless the Equipment has been intentionally damaged or destroyed by City. City pays for shipping fees for product returns and LensLock pays for shipping costs for product replacements. It is understood that LensLock will require IT support from City to ensure services are optimized. Additionally, it is understood that LensLock will set schedule for installation once City approval is obtained. Because of supply chain demands, LensLock will make every professional effort to ensure schedule is met and installation is completed on time. Unforeseen natural disasters, health emergencies, and a cts of God beyond the reasonable control of LensLock may prevent performance of meeting said schedule.
BODY CAMERA REFRESH SCHEDULE AND BUY-BACK OPTION:
Additionally, it is understood by the parties that LensLock will refresh all cameras to City thirty (30) months from the Effective Date of this Agreement, and that the City will receive a brand-new supply of cameras based on the terms of this Agreement. It is understood that City owns the camera Equipment at the end of the sixty (60) month term. City may request additional Equipment prior to the thirty-month period but will be billed an additional set of fees for additional users and or any special orders. City must approve said purchase in writing.
LENSLOCK ONLINE PLATFORM
LensLock warrants that the Online Platform Services: (a) will perform materially in accordance with the LensLock published documentation, and (b) professional services will be performed in a timely and professional manner by qualified persons with the technical skills, training, and experience to perform such Services.
LENSLOCK TECHNOLOGY
Any additional features or functionality (service upgrades) associated with LensLock overall service offering that City desires may be communicated directly to LensLock customer service representatives on an ongoing basis. Said City requests (whether hardware related or software related features) will be considered from several business perspectives, including but not limited to, vertical market applicability, CJIS regulatory standards, financial impact, technical complexity, end-user experience, legal liability, and competitive landscape.
If the technical requirements of City requests may be implemented in a reasonable business manner, LensLock may or may not charge City an additional set of fees for all new features and functionality associated with service upgrade.
It is our corporate policy that we embrace the challenge of continuous innovation to ensure our Citys are pleased with our service offering. It is our experience that the very best ideas for our next set of innovations come directly from our consortium of valued Law Enforcement customers. As such, please do not hesitate to communicate City requests as they surface.
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City Council/Successor Agency Meeting N. 3.
DATE: 04/05/2022
TO: The Successor Agency Board of Directors
SUBJECT: Approve minutes of the regular meeting of March 1, 2022 (Secretary Donaldson)
MOTION:
I move to approve the minutes of the regular meeting of March 1, 2022.
Attachments
Minutes of the regular meeting of March 1,2022
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MINUTES
Regular meetings of the City Council and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on March 1, 2022 at 5:00 P.M.
Present: Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mick Gallagher, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Dan McHugh, City Attorney; Robert Dawes, City Treasurer; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Chris Catren, Police Chief; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Intermin Fire Chief
Mayor Barich called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.
PUBLIC COMMENT
None forthcoming
CLOSED SESSION
Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney McHugh)
One Case:
a. Chase Management, Inc vs. City of Redlands, San Bernardino Superior Court Case No.CIVDS 1907758
Conference with labor negotiator - Government Code §54957.6 (Mayor Barich, and Council Member Gallagher)
Agency Negotiators: Paul Barich, and Mick Gallagher
Employment Organization: Redlands Professional Firefighters Association (RPFA)
RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:00 P.M.
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2021 By-District Council Member Election Boundaries
Mayor Barich opened the public hearing and called on Development Services Director Desatnik who explained the Council must adopt, by April 17, 2022, boundaries for the five City Council Member election districts based on 2020 U.S. Census data. The data within the five districts must be substantially equal in population and comply with Federal and State laws with regard to drawing district election boundaries. This was the 4th public hearing and provided the Council an opportunity to select a preferred map and introduce Ordinance No. 2931 amending Chapter 2.03.030 of the Redlands Municipal Code related to the adjustment of election district boundaries. Todd Tatum, of National Demographics Corporation (NDC), presented a brief recap of the redistricting process, reviewed the eight draft maps and the demographic data associated with each one, including those from NDC and the public (listed as: NDC 101, 102, 102b, 102c and 103, Public 1, Public 1b and Public 2).
As public comment, Dennis Bell did not see marked differences between the maps, and he recommended District 5 should be adjusted to include part of the downtown area. Michael Tamony participated in drawing one of the public maps and appreciated the website's user-friendly tools. He advocated for Public Map 1 but found Public Map 1b to be an acceptable second option. Randall Morris voiced his disappointment that Council Members were not working for the community as a whole, and he suggested the City move back to at-large elections. Brian Seghers wasn't convinced of the need to change the existing boundaries but of all the proposed options, he suggested Public Map 1b was the best choice. S. Garcia and Sawn M, residents of District 1, complained that much of the agricultural land of District 1 was being consumed by warehouses. They thought Map 102 best addressed their concerns by bringing apartment communities into a larger diverse region so as not to be overshadowed by business development. Lorraine Enriquez liked Public Map 1, stating it offered more equity across boundaries, and it didn't favor one voting block over another.
Mayor Pro Tem Tejeda supported Public Map 1, as he thought it did the best job of creating compact, clean lines, and he also saw the advantages of Map 1b, which offered a lower deviation number and provided for equal representation. Council Member Guzman-Lowery supported Public Map 1 because it maintained communities of interest while increasing equity and accessibility to all citizens. Council Member Davis said this was a very difficult choice, and she saw the pros and cons of each one presented, but her preference was for Public Map 1, Map 1b or even the current map. She expressed concerns, as did members of the public, about the growing number of warehouses, but said it was not simply a district issue but an issue facing the whole City. Mayor Barich and Council Member Gallagher were comfortable keeping the current map, appreciated how the existing boundaries cut across the north-south divide and pointed out the public was already familiar with the existing district boundaries.
On motion of Council Member Mick Gallagher, seconded by Mayor Paul Barich, the City Council failed to approve the existing district boundary map as the preferred map, due to lack of a majority.
Vote: 2 -3 Failed
Nay: Mayor Pro Tempore Eddie Tejeda, Council Member Denise Davis, Council Member Jenna Guzman-Lowery
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